W. Va. Code R. § 54-6-4

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 54-6-4 - Performance Review
4.1. A performance review by the Board shall be conducted at least once every two years of each county and regional solid waste authority that operates a commercial solid waste facility. The review shall benchmark both the performance of the county or regional solid waste authority and its commercial solid waste facility. Provided that the performance review shall not duplicate areas of environmental regulatory oversight performed by the Department of Environmental Protection
4.1.a. Notification - The director will send a standard letter notifying the county or regional solid waste authority of the upcoming performance review. The letter should include:
4.1.a.1. Statutory and regulatory authority for conducting the review;
4.1.a.2. A request to hold an entrance conference;
4.1.a.3. Identification of assigned Board staff; and
4.1.a.4. A request for advanced information such as an organizational chart, bylaws, policies and procedures, annual operations report, budgetary documents, minutes of solid waste authority board meetings, etc.
4.1.b. Criteria to Evaluate - The Board's performance review shall, at a minimum, evaluate the following criteria of the county or regional solid waste authority:
4.1.b.1. Agency appointments to board of directors, vacancies and attendance record of board members;
4.1.b.2. Review of all business operations including but not limited to, financial and administrative functions, loans, notes or lines of credit, contracts, agreements and procurement practice, pending or potential litigation involving more than five thousand dollars ($5,000);
4.1.b.3. Review or recommend solid waste management training and education for the solid waste authority's board and staff members;
4.1.b.4. Solid waste authority's general status of compliance with W. Va. Code, Chapter 22C, Article 4 (County and Regional Solid Waste Authorities Act);
4.1.b.5. Operation of composting activities and facilities, or operation of recycling activities and facilities, or operation of drop-off locations for solid waste and composting activity or facility, and
4.1.b.6. Other criteria as determined by the director for evaluation.
4.1.c. The Board's performance review shall also evaluate the effective and efficient operation of the county or regional solid waste authority's commercial solid waste facility including but not limited to recordkeeping, internal controls, equipment maintenance and procurement and overall safety program.

W. Va. Code R. § 54-6-4