H. B. 3255
(By Delegates Schoen, Craig, Hall, Louisos,
Martin, Morgan and Paxton)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §22C-4-23 of the Code of West Virginia,
1931, as amended, relating to prohibiting solid waste
authorities from duplicating or competing with private
Be it enacted by the Legislature of West Virginia:
That §22C-4-23 of the Code of West Virginia, 1931, as amended,
be amended and renacted to read as follows:
ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.
§22C-4-23. Powers, duties and responsibilities of authority
The authority may exercise all powers necessary or appropriate
to carry out the purposes and duties provided in this article,
including the following:
(1) Sue and be sued, plead and be impleaded and have and use
a common seal.
(2) To conduct its business in the name of the county solid
waste authority or the regional solid waste authority, as the case
may be, in the names of the appropriate counties.
(3) The authority board of directors shall promulgate rules to
implement the provisions of sections nine and ten of this article
and is authorized to promulgate rules for purposes of this article
and the general operation and administration of authority affairs.
(4) Adopt, and from time to time, amend and repeal bylaws
necessary and proper for the conduct of its affairs consistent with
(5) To promulgate such rules as may be proper and necessary to
implement the purposes and duties of this article.
(6) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent or
contract for the operation by any person, partnership, corporation
or governmental agency, any solid waste facility or collection,
transportation and processing facilities related thereto.
(7) Issue negotiable bonds, notes, debentures or other
evidences of indebtedness and provide for the rights of the holders
thereof, incur any proper indebtedness and issue any obligations
and give any security therefor which it may deem necessary or
advisable in connection with exercising powers as provided herein.
(8) Make available the use or services of any solid waste
facility collection, transportation and processing facilities related thereto, to any person, partnership, corporation or
governmental agency consistent with this article: Provided, That an
authority recycling processing facility may not duplicate services
or compete with privately operated commercial recycling businesses.
(9) Acquire by gift or purchase, hold and dispose of real and
personal property in the exercise of its powers and duties.
(10) Make and enter all contracts, leases and agreements and
to execute all instruments necessary or incidental to the
performance of its duties and powers.
(11) Employ managers, engineers, accountants, attorneys,
planners and such other professional and support personnel as are
necessary in its judgment to carry out the provisions of this
(12) Receive and accept from any source such grants, fees,
real and personal property, contributions, funds transferred from
a solid waste facility and funds of any nature as may become
available to the authority, in order to carry out the purposes of
this article including, but not limited to, the development,
operation or management of litter control programs and recycling
programs: Provided, That nothing contained in this subsection
shall be construed to extend the authority or jurisdiction of the
Public Service Commission to activities under this subsection
solely because the activities are funded by moneys transferred from
a solid waste facility, nor may the use of transferred funds by a solid waste authority be considered by the Public Service
Commission in carrying out its duties under section one-f, article
two, chapter twenty-four of this code.
(13) Cooperate with and make such recommendations to local,
state and federal government and the private sector in the
technical, planning and public policy aspects of litter control and
solid waste management as the authority may find appropriate and
effective to carry out the purposes of this article.
(14) Charge, alter and collect rentals, fees, service charges
and other charges for the use or services of any solid waste
facilities or any solid waste collection, transportation and
processing services provided by the authority.
(15) Prohibit the dumping of solid waste outside the hours of
operation of a solid waste facility.
(16) Enforce the hours of operation of a solid waste facility
and the mandatory disposal provision in section ten of this article
by referring violations to the Division of Environmental Protection
or the appropriate law-enforcement authorities.
(17) Do all acts necessary and proper to carry out the powers
expressly granted to the authority by this article and powers
conferred upon the authority by this article.
All rules promulgated by the authority pursuant to this
article are exempt from the provisions of article three, chapter
twenty-nine-a of this code.
NOTE: The purpose of this bill is to prohibit solid waste
authorities from duplicating or competing with private recycling
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would