Senate Bill No. 328

(By Senator Wagner)

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[Introduced February 13, 1995; referred to the Committee
on Natural Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact section twenty-three, article four, chapter twenty-two-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to giving the solid waste authority the authority to assess user fees to fund the costs involved in fulfilling its responsibilities.

Be it enacted by the Legislature of West Virginia:
That section twenty-three, article four, chapter twenty-two-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.
ยง22C-4-23. Powers, duties and responsibilities of authority
generally.

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 this article.
(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.
(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 article.
(12) Receive and accept from any source such grants, fees, real and personal property, contributions and funds of any nature as may become available to the authority in order to carry out the purposes of this article.
(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) Assess a user's fee in counties under its authority to fund the costs involved in fulfilling its responsibilities.
(17) (18) 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 give the solid waste authority the authority to assess user fees in order to fund the cost of fulfilling its responsibilities.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.