reglab/housing_qa huggingface dataset:
WV Code § 22C-2-8 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 2. Water Pollution Control Revolving Fund Act|§22C-2-8. Conflicting Provisions

The provisions of this article shall be liberally construed to the end that its beneficial purposes may be effectuated. Insofar as the provisions of this article are inconsistent with the provisions of any other general, special or local law, the provisions of this article are controlling.
WV Code § 22C-3-1 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§22C-3-1. Short Title

This article shall be known and cited as the "Solid Waste Management Board Act."
WV Code § 22C-3-2 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 livestock and domestic animals; (4) decreases the value of private and public property, causes pollution, blight and deterioration of the natural beauty and resources of the state and has adverse economic and social effects on the state and its citizens; and (5) results in the squandering of valuable nonrenewable and nonreplenishable resources contained in solid waste.Further, the Legislature finds that governmental agencies in the state and the private sector do not have the financial and other resources needed to provide for the proper collection and disposal of solid waste; that solid waste disposal sheds and projects must be established on a relatively large scale to be economically feasible and stable; and that proper solid waste collection and disposal at the lowest minimum cost can only be achieved through comprehensive solid waste management.It is declared to be the public policy and a responsibility of this state to assist efforts of governmental agencies and the private sector to provide for the proper collection, disposal and recycling of solid waste and to solve and prevent the problems set forth in this article. It is the purpose and intent of the Legislature in enacting this article to provide for the necessary, dependable, effective and efficient collection, disposal and recycling of solid waste and to assist and cooperate with governmental agencies and the private sector in achieving all the purposes set forth in this article, and to encourage the recycling or extraction of recoverable resources from such solid waste.The Legislature finds that the public policy and responsibility of the state as set forth in this section cannot be effectively attained without the funding, establishment, operation and maintenance of solid waste disposal projects as provided in this article.
WV Code § 22C-3-7 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§22C-3-7. Development of State Solid Waste Management Plan

On or before January 1, 1993, the Solid Waste Management Board shall prepare an overall state plan for the proper management of solid waste: Provided, That such plan shall be consistent with the findings and purposes of article four of this chapter and articles fifteen and fifteen-a, chapter twenty-two of this code: Provided, however, That such plan shall incorporate the county or regional plans developed pursuant to sections eight and twenty-four, article four of this chapter, as amended: Provided further, That such plan shall be updated every two years following its initial preparation.
WV Code § 22C-3-8 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§22C-3-8. Power of Board to Collect Service Charges and Exercise Other Powers of Governmental Agencies in Event of Default; Power to Require Governmental Agencies to Enforce Their Rights

In order to ensure that the public purposes to be served by the board may be properly carried out and in order to assure the timely payment to the board of all sums due and owing under loan agreements with governmental agencies, as referred to in section five of this article, notwithstanding any provision to the contrary elsewhere contained in this code, in event of any default by a governmental agency under such a loan agreement, the board has, and may, at its option, exercise the following rights and remedies in addition to the rights and remedies conferred by law or pursuant to said loan agreement:(1) The board may directly impose, in its own name and for its own benefit, service charges determined by it to be necessary under the circumstances upon all users of the solid waste disposal project to be acquired or constructed pursuant to such loan agreement, and proceed directly to enforce and collect such service charges, together with all necessary costs of such enforcement and collection.(2) The board may exercise, in its own name or in the name of and as agent for the governmental agency, all of the rights, authority, powers and remedies of the governmental agency with respect to the solid waste disposal project or which may be conferred upon the governmental agency by statute, rule, regulation or judicial decision, including, without limitation, all rights and remedies with respect to users of such solid waste disposal project.(3) The board may, by civil action, mandamus or other judicial or administrative proceeding, compel performance by such governmental agency of all of the terms and conditions of such loan agreement including, without limitation, the adjustment and increase of service charges as required to repay the loan or otherwise satisfy the terms of such loan agreement, the enforcement and collection of such service charges and the enforcement by such governmental agency of all rights and remedies conferred by statute, rule, regulation or judicial decision.
WV Code § 22C-3-9 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§22C-3-9. Development and Designation of Solid Waste Disposal Sheds by Board

The board shall maintain the division of the state into geographical areas for solid waste management which shall be known as solid waste disposal sheds. The board may, from time to time, modify the boundaries of such sheds in a manner consistent with the provisions of this section. Before it modifies the sheds, the board shall consult with the affected municipalities and county or regional solid waste authorities and obtain and evaluate their opinions as to how many sheds there should be and where their boundaries should be located. The board shall then cause feasibility and cost studies to be made in order for it to designate the solid waste disposal sheds within each of which the most dependable, effective, efficient and economical solid waste disposal projects may be established. The sheds shall not overlap and shall cover the entire state.The board shall designate the sheds so that:(1) The goal of providing solid waste collection and disposal service to each household, business and industry in the state can reasonably be achieved.(2) The total cost of solid waste collection and disposal and the cost of solid waste collection and disposal within each shed and per person can be kept as low as possible.(3) Solid waste collection and disposal service, facilities and projects can be integrated in the most feasible, dependable, effective, efficient and economical manner.(4) No county is located in more than one shed: Provided, That the board may divide a county among two or more sheds upon request of the appropriate county or regional solid waste authority.The board, in modifying the boundaries of solid waste disposal sheds, is exempt from the provisions of chapter twenty-nine-a.
WV Code § 22C-3-12 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 laws of this state or granted under this article, by the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this article, or by the resolution, to be performed by the board or any officer or employee thereof, including the fixing, charging and collecting of sufficient rentals, fees, service charges or other charges.
WV Code § 22C-3-13 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 this state, and the holders or owners thereof have no right to have taxes levied by the Legislature or taxing authority of any county, municipality or any other political subdivision of this state for the payment of the principal thereof or interest thereon, but such bonds and notes are payable solely from the revenues and funds pledged for their payment as authorized by this article unless the notes are issued in anticipation of the issuance of bonds or the bonds are refunded by refunding bonds issued under authority of this article, which bonds or refunding bonds are payable solely from revenues and funds pledged for their payment as authorized by this article. All such bonds and notes shall contain on the face thereof a statement to the effect that the bonds or notes, as to both principal and interest, are not debts of the state or any county, municipality or political subdivision thereof, but are payable solely from revenues and funds pledged for their payment.All expenses incurred in carrying out the provisions of this article are payable solely from funds provided under authority of this article. This article does not authorize the board to incur indebtedness or liability on behalf of or payable by the state or any county, municipality or political subdivision thereof.
WV Code § 22C-3-14 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 provisions of this article. Such moneys shall at no time be commingled with other public funds. Such moneys, except as otherwise provided in any resolution authorizing the issuance of solid waste disposal revenue bonds or except when invested, shall be kept in appropriate depositories and secured as provided and required by law. The resolution authorizing the issuance of such bonds of any issue shall provide that any officer to whom such moneys are paid shall act as trustee of such moneys and hold and apply them for the purposes hereof, subject to the conditions this article and such resolution provide.
WV Code § 22C-3-15 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 of such loans or grants provided pursuant to section thirty, article four of this chapter, the use of such loans or grants by the recipient as well as all other appropriate subject matter.
WV Code § 22C-3-17 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 repair. Each such project owned by the board shall be operated by such operating employees as the board employs or pursuant to a contract or lease with a governmental agency or person. All public or private property damaged or destroyed in carrying out the provisions of this article and in the exercise of the powers granted hereunder with regard to any project shall be restored or repaired and placed in its original condition, as nearly as practicable, or adequate compensation made therefor out of funds provided in accordance with the provisions of this article.As soon as possible after the close of each fiscal year, the board shall make an annual report of its activities for the preceding fiscal year to the Governor and the Legislature. Each such report shall set forth a complete operating and financial statement covering the board's operations during the preceding fiscal year. The board shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or of operation of its projects. A report of the audit shall be submitted to the Governor and the Legislature.
WV Code § 22C-3-18 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 this code, and for insurance companies.
WV Code § 22C-3-19 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 county, municipality, political subdivision or agency thereof, except inheritance taxes.
WV Code § 22C-3-20 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 than the regular and formal action of the governmental agency concerned, any real property or interests therein, including improvements thereto or personal property which is necessary or convenient to the effectuation of the authorized purposes of the board, including public roads and other real property or interests therein, including improvements thereto or personal property already devoted to public use.
WV Code § 22C-3-21 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 board and any governmental agency.No officer, member or employee of the board may have or acquire any financial interest, either direct or indirect, in any project or activity of the board or in any services or material to be used or furnished in connection with any project or activity of the board. If an officer, member or employee of the board has any such interest at the time he or she becomes an officer, member or employee of the board, he or she shall disclose and divest himself or herself of it. Failure to do so is cause for dismissal from the position he or she holds with the authority.This section does not apply in instances where a member of the board who is a contract solid waste hauler either seeks or has a financial interest, direct or indirect, in any project or activity of the board or in any services or material to be used or furnished in connection with any project or activity of the board: Provided, That member shall fully disclose orally and in writing to the board the nature and extent of any interest, prior to any vote by the board which involves his or her interest, withdraw from any deliberation or discussion by the board of matters involving his or her interest, and refrain from voting on any matter which directly or indirectly affects him or her.No officer, member or employee of the board may accept a gratuity from any person doing business with the board or from any person for the purpose of gaining favor with the board.Any officer, member or employee of the board who has any financial interest prohibited by this section or who fails to comply with its provisions is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned in the county jail not more than one year, or both fined and imprisoned.
WV Code § 22C-3-22 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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.
WV Code § 22C-3-23 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 or right to regulate such solid waste collectors and haulers in any manner, but the Public Service Commission, when it issues a new certificate of convenience and necessity, or when it alters or adjusts the provisions of any existing certificate of convenience and necessity, or when it approves the assignment or transfer of any certificate of convenience and necessity, shall consult with the board regarding what action it could take which would most likely further the implementation of the board's solid waste disposal shed plan and solid waste disposal projects and shall take any reasonable action that will lead to or bring about compliance of such waste collectors and haulers with such plan and projects.At any hearing conducted by the Public Service Commission pertaining to solid waste collectors and haulers on any of these matters, any member of the board, the director or an employee of the board designated by the director may appear before the commission and present evidence.
WV Code § 22C-3-24 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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 parts thereof, including tires. The board and such enforcement agencies shall cooperate fully with each other in collecting and disposing of such solid waste.
WV Code § 22C-3-25 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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.
WV Code § 22C-3-26 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 3. Solid Waste Management Board|§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. Actions of the board supersede those powers granted to only county or regional solid waste authorities that operate solid waste facilities.