V.I. Code tit. 29, § 496 (2019)
2019 US Virgin Islands Code|Title 29 - Public Planning and Development|Chapter 8 - Virgin Islands Waste Management Authority|Subchapter I - Waste Management Authority—establishment|§ 496. Creation of Virgin Islands Waste Management Authority

 There is established the Virgin Islands Waste Management Authority functioning as a non-profit, public body corporate and politic of the Government of the Virgin Islands. The Authority shall constitute an autonomous instrumentality of the Government of the Virgin Islands. The purposes of the Authority shall be to provide environmentally sound management for the collection and disposal of solid waste, including operation and closure of landfills, and wastewater collection, transport, treatment and disposal in the Territory. The Authority is granted, shall have and may exercise all rights and powers necessary or convenient for carrying out the aforesaid purposes, including, but not limited to, the following: (a) to have perpetual existence as a corporation; (b) to adopt, alter and use a corporate seal which shall be judicially noticed; (c) to make, and from time to time, modify and repeal bylaws, guidelines, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority; (d) to sue and be sued in its corporate name; and its directors, officers, and employees shall be immune from tort liability for acts and omissions constituting the exercise of their official functions to the extent provided by Title 33, Chapter 118, of the Virgin Islands Code; (e) to make contracts and to execute all instruments necessary or convenient in the exercise of any of its powers; (f) to employ personnel as hereinafter provided and to engage architectural, engineering, accounting, management, legal, financial and environmental consulting and other professional services; (g) to acquire property, real, personal, or mixed, tangible or intangible, easements, or any interest therein deemed by it to be necessary or desirable for carrying out the purposes of this Authority, including its own securities, by any lawful means, including but not limited to the exercise of the power of eminent domain in accordance with Title 28, Chapter 19, Virgin Islands Code, and to own, hold, develop, improve, redevelop, enlarge, extend, repair, maintain, use and operate said property; that no provisions of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so provide; (h) to sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber any real or personal property, or any interest or estate in such; provided, however, that no provisions of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so provide; and provided further, that, except for a sale resulting from mortgage foreclosure, in no case shall the Authority have the power to sell or otherwise transfer any property unless the property, in the judgment of the Board, is no longer required for carrying out the business of the Authority or for effectuating the purposes of this chapter; provided, however, that the authority provided to the Authority by this subsection shall not apply where the Legislature has specifically exempted property from this subsection; (i) to borrow money, make and issue bonds of the Authority for any of its corporate purposes, and give security therefore as provided in this chapter and to make and issue bonds for the purpose of funding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by it; (j) to accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with the Federal Government, or any department or agency thereof, the Government of the Virgin Islands, or political subdivisions thereof, and to expend the proceeds of any such grants or loans for any of its corporate purposes; provided, however, that if a grant, loan, or the proceeds of a bond issue are made expressly subject to conditions precedent to the receipt of such grant, loan, or the proceeds of a bond issue, then the Authority shall comply with such conditions; (k) to invest its funds as authorized by a resolution of the Board, subject to any restrictions in trust agreements or resolutions authorizing the issuance of bonds; (l) to determine, fix, alter, charge and collect reasonable rates, surcharges, fees, and other charges for the use of the facilities of the Authority, or for the services of solid waste and wastewater management, or other services and commodities rendered or furnished by it, which shall be at least sufficient, together with all other available monies, revenues, income and receipts of the Authority from all sources, including appropriations from the Government of the Virgin Islands for the payment of the expenses of the Authority incurred in connection with the improvement, repair, maintenance, use and operation of its facilities, equipment, and properties, for the payment of debt service on its bonds, and for fulfilling the terms and provisions of such covenants as may be made with, or for the benefit of, the purchasers or holders of any bonds of the Authority, including the funding of all reserves reasonably required by any trust agreement or bond resolution. The rates, surcharges, fees, and other charges, established by the Authority pursuant to the provisions of this subsection shall be subject to the regulation of the Public Services Commission pursuant to Chapter 1, Title 30, of this code. In fixing rates, fees, and other charges for solid waste management services and wastewater services, the Authority shall consider the encouragement of the greatest, economically-viable use of solid waste and wastewater management services consistent with sound fiscal management and utilizing proven technology, and in this connection, it is the intention of the Legislature that in fixing such rates, fees and other charges, the Authority shall take into account the respective expenses, as enumerated in this subsection, for solid waste and wastewater management services; provided further, that, initially, the Authority shall re-evaluate the rates, fees, and other charges in effect on the effective date of this chapter and, if necessary, shall adopt revised rates, fees, and other charges that reflect actual and estimated costs for current solid waste management services and wastewater systems operations; (m) to promulgate rules and regulations to carry out the duties and activities delineated in this chapter, and to enforce with the Authority's own enforcement officers such rules and regulations with citations, fines, or other appropriate penalties; provided, however, that such rules and regulations and associated penalties and methods of enforcement shall be published in the local newspaper at least 30 days before enforcement begins, shall be made available to the public during normal business hours at the Authority's offices on St. Thomas and St. Croix, and shall include a defined path of recourse for aggrieved parties. This path of recourse shall include the right to a hearing before the Board or before a hearing officer designated by the Board, as the Board desires. Enforcement officers must be trained by the Authority and pass a certification test administered by the Authority before commencing enforcement, provided that such requirements do not violate the agreement of the collective bargaining unit of which the enforcement officer is a member and while upon official duty will wear uniforms that identify themselves as enforcement officers of the Authority. The Authority's right to enforcement shall include police power to secure and protect the Authority's personnel, property, equipment, facilities including leased or rented property, facilities, and equipment, and resources, including the personnel, property, equipment, facilities, and resources of the Authority's contractors; (n) to prepare, or cause to be prepared, plans, designs, specifications and estimates of costs for the acquisition, construction, reconstruction, extension, improvement, enlargement or repair of any facility and, from time to time, modify such plans, designs, specifications and estimates; (o) to acquire, produce, develop, hold, use, transmit, distribute, supply, exchange, sell, rent and otherwise dispose of solid waste management and wastewater system equipment, and/or such other items, supplies and services as the Authority shall deem necessary, proper, incidental, or desirable in connection with its activities under this chapter to construct or reconstruct, operate or manage, the systems of the Authority or any individual facility or facilities therein, and any additions, improvements and extensions thereto by contract or contracts, and/or under, through, or by means of its officers, agents and employees; (p) to enter on any lands, property or structure after notifying the owners or holders thereof, or their representatives, for the purpose of making surveys, appraisals, soundings, borings or examinations, and such entry shall not be deemed to be a trespass; and to enforce the power of such entry by appropriate proceedings in a court of competent jurisdiction if entry is denied or resisted; provided, however, that the Authority shall restore any such land, property or structure, insofar as possible, to its condition or state at the time of entry; (q) to construct or place any facilities and to operate, maintain and extend the same across, in, over, under, through or along any street, public highway or any lands which may, on the effective date of this chapter or thereafter, be the property of the Government of the Virgin Islands without obtaining any franchise or other permit or paying fees therefore; except, that the Authority shall obtain the consent of the Commissioner of Public Works with respect to construction affecting public lands and highways; and, provided further, that the Authority shall restore any such street, highway or lands, insofar as possible to their condition or state at the beginning of the work and shall not use the same in a manner unnecessarily to impair their usefulness; (r) to perform all of the functions consistent with this chapter heretofore vested in the Government of the Virgin Islands and the Commissioner of Public Works; (s) to do all acts or things necessary or desirable to carry out the powers granted to it by this chapter or by any other act of the Legislature; (t) to participate in the programs of the Federal Government, and any departments and agencies thereof, related to the fields of solid waste and wastewater management services and, consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of the Federal Government and such departments and agencies in achieving the policies and purposes of this chapter; (u) to avoid a rate increase or to reduce the amount of a rate increase, the Authority may provide a report and request to the Government of the Virgin Islands regarding any amount or amounts of funding the Authority may need to carry out its obligations and responsibilities under this chapter and to avoid any significant increase in rates to cover costs associated with the necessary and justified improvements to the solid waste management and wastewater systems. Such amounts or portions thereof may be provided by the Government of the Virgin Islands through an appropriation to the Authority. In determining needed funding under this section, the Authority, in developing its operating budget, will take into consideration such savings that may result from the implementation of its programs and the improvements to its systems; (v) to bill the Authority's customers, whether directly or indirectly, for wastewater and solid waste management services. The Authority shall have the authority to sell to a collection agency delinquent accounts after 120 days of delinquency, or to contract with other organizations for the routine collection of the Authority's accounts. The Authority also shall have the right to impose a lien on the real property of customers whose accounts are 120 days or more delinquent, to secure any such delinquent amounts due. At the Authority's discretion, the Authority may require that a deposit, in such amount as the Authority deems reasonable, be made to it before the initiation of its services. (w) to apply for and to hold permits, licenses, certificates or approvals as may be necessary or desirable to construct, maintain and operate solid waste and wastewater management services; (x) to purchase insurance against loss in such amounts and from such insurers which it deems desirable which may include, without being limited to, civil liability insurance for its Board members, and its officers, agents and employees; (y) to purchase bonds issued by the Authority, subject to the provisions of any contract with the holders of such bonds; and purchase any bonds or other obligations issued by public subdivisions, instrumentalities and corporations of the Government of the Virgin Islands; and to sell without relation to cost such bonds or other obligations at such prices and in such manner as the Authority shall deem advisable; (z) to grant options for the purchase of any property or the renewal of any lease granted by it in connection with any of its properties under such terms and conditions as it may deem advisable; (aa) to pledge or assign any moneys, income, fees or any other revenues, as well as the proceeds from the sale of properties, and compensation under the provisions of insurance policies or condemnation awards; (bb) to mortgage or pledge any property for the payment of the principal of and interest on any bonds issued by the Authority, and pledge all or a portion of such revenues as the Authority may receive; and (cc) to appear on its own behalf before other public bodies in all matters relating to its powers and purposes.