Senate Bill No. 328
(By Senator Wagner)
[Introduced February 13, 1995; referred to the Committee
on Natural Resources; and then to the Committee on
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
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
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
(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
(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
(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
(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.