§22C-3-1. Short Title
This article shall be known and cited as the "Solid Waste Management Board Act."
§22C-3-10. Board Empowered to Issue Solid Waste Disposal Revenue Bonds, Renewal Notes and Refunding Bonds; Requirements and Manner of Such Issuance
The board is hereby empowered to issue, from time to time, solid waste disposal revenue bonds and notes of the state in such principal amounts as the board deems necessary to pay the cost of or finance, in whole or in part, by loans to governmental agencies, one or more solid waste development projects, but […]
§22C-3-11. Establishment of Reserve Funds, Replacement and Improvement Funds and Sinking Funds; Fiscal Agent; Purposes for Use of Bond Proceeds; Application of Surplus
(a) Before issuing any revenue bonds in accordance with the provisions of this article, the board shall consult with and be advised by the water development authority as to the feasibility and necessity of the proposed issuance of revenue bonds. Such consultation shall include, but not be limited to, the following subjects: (1) The relationship […]
§22C-3-12. Legal Remedies of Bondholders
Any holder of solid waste disposal revenue bonds issued under the authority of this article or any of the coupons appertaining thereto, except to the extent the rights given by this article may be restricted by the applicable resolution, may by civil action, mandamus or other proceeding, protect and enforce any rights granted under the […]
§22C-3-13. Bonds and Notes Not Debt of State, County, Municipality or of Any Political Subdivision; Expenses Incurred Pursuant to Article
Solid waste disposal revenue bonds and notes and solid waste disposal revenue refunding bonds issued under authority of this article and any coupons in connection therewith are not a debt or a pledge of the faith and credit or taxing power of this state or of any county, municipality or any other political subdivision of […]
§22C-3-14. Use of Funds, Properties, etc., by Board; Restrictions Thereon
All moneys, properties and assets acquired by the board, whether as proceeds from the sale of solid waste disposal revenue bonds or as revenues or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, and shall be used and reused in accordance with the purposes and […]
§22C-3-15. Audit of Funds Disbursed by the Board and Recipients Thereof
Beginning in the fiscal year ending June 30, 1992, and every second fiscal year thereafter, the Legislature shall cause to be performed a post audit and a performance audit for the intervening two-year period of the recipients of any grant or loan provided by the solid waste management board. The audit shall cover the disbursement […]
§22C-3-16. Rentals, Fees, Service Charges and Other Revenues From Solid Waste Disposal Projects; Contracts and Leases of Board; Cooperation of Other Governmental Agencies; Bonds of Such Agencies
This section applies to any solid waste disposal project or projects which are owned, in whole or in part, by the board. The board may charge, alter and collect rentals, fees, service charges or other charges for the use or services of any solid waste disposal project, and contract in the manner provided by this […]
§22C-3-17. Maintenance, Operation and Repair of Projects; Repair of Damaged Property; Reports by Board to Governor and Legislature
Each solid waste development project, when constructed and placed in operation, shall be maintained and kept in good condition and repair by the board or if owned by a governmental agency, by such governmental agency, or the board or such governmental agency shall cause the same to be maintained and kept in good condition and […]
§22C-3-18. Solid Waste Disposal Revenue Bonds Lawful Investments
The provisions of sections nine and ten, article six, chapter twelve of this code notwithstanding, all solid waste disposal revenue bonds issued pursuant to this article are lawful investments for the West Virginia state Board of Investments and are also lawful investments for financial institutions as defined in section two, article one, chapter thirty-one-a of […]
§22C-3-19. Exemption From Taxation
The board is not required to pay any taxes or assessments upon any solid waste disposal project or upon any property acquired or used by the board or upon the income therefrom. Bonds and notes issued by the board and all interest and income thereon are exempt from all taxation by this state, or any […]
§22C-3-2. Legislative Findings; Declaration of Policy and Responsibility; Purpose and Intent of Article
The Legislature finds that uncontrolled, inadequately controlled and improper collection and disposal of solid waste (1) is a public nuisance and a clear and present danger to people; (2) provides harborages and breeding places for disease-carrying, injurious insects, rodents and other pests harmful to the public health, safety and welfare; (3) constitutes a danger to […]
§22C-3-20. Governmental Agencies Authorized to Convey Property
All governmental agencies, notwithstanding any provision of law to the contrary, may lease, lend, grant or convey to the board, at its request, upon such terms as the proper authorities of such governmental agencies deem reasonable and fair and without the necessity for an advertisement, auction, order of court or other action or formality, other […]
§22C-3-21. Financial Interest in Contracts, Projects, etc., Prohibited; Gratuities Prohibited; Penalty
No officer, member or employee of the board may be financially interested, directly or indirectly, in any contract of any person with the board, or in the sale of any property, real or personal, to or by the board. This section does not apply to contracts or purchases of property, real or personal, between the […]
§22C-3-22. Conduct of Proceedings of Board
The board shall comply with all of the requirements in article nine-a, chapter six of this code.
§22C-3-23. Regulation of Solid Waste Collectors and Haulers to Continue Under Public Service Commission; Bringing About Their Compliance With Solid Waste Disposal Shed Plan and Solid Waste Disposal Projects; Giving Testimony at Commission Hearings
Solid waste collectors and haulers who are "common carriers by motor vehicle," as defined in section two, article one, chapter twenty-four-a of this code, shall continue to be regulated by the Public Service Commission in accordance with the provisions of chapter twenty-four-a and rules promulgated thereunder. Nothing in this article gives the board any power […]
§22C-3-24. Cooperation of Board and Enforcement Agencies in Collecting and Disposing of Abandoned Household Appliances and Motor Vehicles, etc.
The provisions of this article are complementary to those contained in article twenty-four, chapter fifteen-a of this code and do not alter or diminish the authority of any enforcement agency, as defined in section two thereof, to collect and dispose of abandoned household appliances and motor vehicles, inoperative household appliances and junked motor vehicles and […]
§22C-3-25. Liberal Construction of Article
The provisions of this article are hereby declared to be remedial and shall be liberally construed to effectuate its purposes and intents.
§22C-3-26. Supersedure Over County and Regional Solid Waste Authorities
For purposes of exercising the authority provided under section nine-a, article four of this chapter, the board may by resolution supersede and exercise, in part or whole, the powers granted to only county or regional solid waste authorities that operate solid waste facilities as provided in chapters seven, twenty-two, twenty-two-c and twenty-four of this code. […]
§22C-3-3. Definitions
As used in this article, unless the context clearly requires a different meaning: (1) "Board" means the solid waste management board provided for in section four of this article, the duties, powers, responsibilities and functions of which are specified in this article.