SWA Formation, Membership, Duties, & Resonsibilities

On January 1, 1989, new county solid waste authorities (SWAs) were created and established as public agencies in every county of the state in accordance with W. Va. Code §§22C-4-3 and 22C-4-4. Their purpose is to protect the public health and welfare of citizens by providing for comprehensive program of solid waste collection, processing, recycling and disposal. The Authorities also exist to establish programs based on source reduction, recycling, reuse, material recovery and lastly, landfilling.

County SWA Membership:

County SWAs are managed by a five-member board of directors appointed as follows: one by the Secretary of the Department of Environmental Protection (DEP), two each by the county commission, one by the board of supervisors for the Conservation District (CD) in which the county is situated and one by the Chairman of the PSC.

General Information:

Each appointing agency is free to select its appointees based on whatever criteria it sees fit. Once appointments are made, the appointing agency has limited influence over the actions of appointees. The agency may or may not require SWA appointees to report on their activities. Once an appointment is made there are no provisions in the law for removal until the term expires, the member resigns, or they pass away. Appointments are staggered to ensure not all member’s terms expire in the same year. Terms are for four (4) years from July 1st to June 30th

Conflicts of Interest:

Having a direct financial interest in the collection, transportation, processing, recycling or the disposal of refuse, garbage, solid waste or hazardous waste does not preclude membership on the SWA. However, a member with such interests shall not vote or act, discuss or ask questions on any matter that directly affects their personal interests. They also need to recuse themselves and leave the room during discussion and any action by the Board.

Duties and Powers of Solid Waste Authorities: Solid Waste Authorities have the following eight duties and responsibilities:

• 1. Develop a Comprehensive Litter and Solid Waste Control Plan in accordance with W. Va. Code §22C-4-8.
• 2. Develop a Recycling Plan as a component of the Comprehensive Litter and Solid Waste Control Plan in accordance with W. Va. Code §22C-4-8.
• 3. Develop a Commercial Solid Waste Facility Siting Plan in accordance with W. Va. Code §22C-4-24.
• 4. Promote and encourage source reduction, reuse and recycling activities in accordance with W. Va. Code §22C-4-8.
• 5. Identify and prioritize open dumps within the county or region in accordance with W. Va. Code §22C-4-8.
• 6. Issue certificates of site approval for commercial solid waste facilities in accordance with W. Va. Code §22C-4-25.
• 7. Coordinate public and private sector solid waste activities in accordance with W. Va. Code §22C-4-9.
• 8. Implement a mandatory disposal program in accordance with W. Va.Code. §22C-4-8.