§22C-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.
§22C-4-24. Commercial Solid Waste Facility Siting Plan; Facilities Subject to Plan; Criteria; Approval by Solid Waste Management Board; Effect on Facility Siting; Public Hearings; Rules
(a) On or before July 1, 1991, each county or regional solid waste authority shall prepare and complete a commercial solid waste facilities siting plan for the county or counties within its jurisdiction: Provided, That the Solid Waste Management Board may authorize any reasonable extension of up to one year for the completion of the […]
§22C-4-25. Siting Approval for Solid Waste Facilities; Effect on Facilities With Prior Approval
(a) It is the intent of the Legislature that all commercial solid waste facilities operating in this state must receive site approval at the local level, except for recycling facilities, as defined in section twenty-three, article fifteen-a, chapter twenty-two of this code, that are specifically exempted by section twelve, article eleven, chapter twenty of this […]
§22C-4-26. Approval of New Class a Facilities by Solid Waste Authorities
Except as provided below with respect to Class B facilities, from and after March 10, 1990, in order to obtain approval to operate a new Class A facility, an applicant shall: (1) File an application for a certificate of need with, and obtain approval from, the Public Service Commission in the manner specified in section […]
§22C-4-27. Approval of Conversion From Class B Facility to Class a Facility
From and after October 18, 1991, in order to obtain approval to operate as a Class A facility at a site previously permitted to operate as a Class B facility, an applicant shall: (1) File an application for a certificate of need with, and obtain approval from, the Public Service Commission in the manner specified […]
§22C-4-28. Approval of Increase in Maximum Allowable Monthly Tonnage of Class a Facilities
From and after October 18, 1991, in order to increase the maximum allowable monthly tonnage handled at a Class A facility by an aggregate amount of more than ten percent of the facility's permit tonnage limitation within a two-year period, the permittee shall: (1) File an application for approval with, and obtain approval from, the […]
§22C-4-19. Refunding Bonds or Notes
The board of any authority having issued bonds or notes under the provisions of this article is hereby empowered thereafter by resolution to issue refunding bonds or notes of such authority for the purpose of retiring or refinancing any or all outstanding bonds or notes, together with any unpaid interest thereon and redemption premium thereunto […]
§22C-4-20. Indebtedness of Authority
No Constitutional or statutory limitation with respect to the nature or amount of or rate of interest on indebtedness which may be incurred by municipalities, counties or other public or governmental bodies applies to the indebtedness of an authority. No indebtedness of any nature of authority is an indebtedness of the State of West Virginia […]
§22C-4-21. Property, Bonds or Notes and Obligations of Authority Exempt From Taxation
The authority is exempt from the payment of any taxes or fees to the state or any subdivisions thereof or any municipalities or to any officer or employee of the state or of any subdivision thereof or of any municipalities. The property of the authority is exempt from all local and municipal taxes. Bonds, notes, […]
§22C-4-9a. Findings, Solid Waste Management Board Performance Reviews and Measures, Legislative Rules, Intervention of Impaired Authorities, Establishment of Uniform Chart of Accounts, Financial Examination Requirements
(a) The Legislature finds that performance review and performance measurement are valuable tools for identifying serious impairments of commercial solid waste facilities operated by county or regional solid waste authorities and fostering accountability and effective and efficient facility operations. (b) The Solid Waste Management Board shall conduct a biennial performance review of each county and […]