A new West Virginia law eliminates handshake deals for commercial waste hauling, requiring written contracts that comply with Public Service Commission rules.
Most solid waste motor carriers and transportation owners in West Virginia don't yet realize that a provision buried in SB1059 is about to change how they do business with commercial customers—and it takes effect in less than two years.
Here's what's happening: Starting June 12, 2026, every agreement between a solid waste motor carrier and a commercial customer must be in writing and must conform to the Public Service Commission's rules and general orders. No more oral agreements. No more informal arrangements or handshake deals. If you haul commercial waste in West Virginia, this applies to you.
The rule covers solid waste motor carriers contracting with commercial customers of any size—that includes small businesses, restaurants, retail shops, offices, and other non-residential entities that generate waste. If your customer base includes anyone other than residential households, you need to pay attention.
The law doesn't exempt small operators or limited contracts. The requirement is straightforward: written agreement, every time, for every commercial customer.
This creates a real compliance obligation. You'll need to:
Draft or update your standard contract to ensure it conforms to West Virginia Public Service Commission rules and general orders. If you're currently using oral agreements or informal terms, those won't be legally sufficient anymore.
Have customers sign before service begins. An unsigned agreement—or one that doesn't meet PSC requirements—won't protect you or clearly establish the terms of your relationship.
Budget for contract preparation. Whether you draft templates yourself, have an attorney review your language, or use a service, there's a cost involved. For small operators, this can be meaningful.
The provision is codified in West Virginia Code §24A-5-2c and was enacted as part of SB1059, which passed on March 14, 2026. The 90-day implementation window gives operators until June 12, 2026, to come into compliance.
The PSC rules and general orders that your contracts must conform to already exist—they're not new. But the requirement to use them in every written agreement is. This means reviewing what the PSC expects in solid waste hauling contracts and making sure your agreement language aligns.
Written contracts protect both you and your customer. They clarify rates, service frequency, cancellation terms, liability, and dispute resolution. In a disagreement, a signed agreement is evidence of what was promised. An oral agreement is your word against theirs.
From a regulatory standpoint, operating without written contracts that meet PSC standards could expose you to enforcement action or contract disputes you can't defend.
If you haven't reviewed your current contracting practices or looked at PSC requirements for solid waste hauling agreements, now is the time. June 12, 2026, will arrive faster than you think.
Source: West Virginia SB1059, §24A-5-2c, effective June 12, 2026.