WSR 08-10-094

PREPROPOSAL STATEMENT OF INQUIRY

UTILITIES AND TRANSPORTATION

COMMISSION

[ Filed May 7, 2008, 8:54 a.m. ]

Subject of Possible Rule Making: This rule making will accomplish two goals. (1) Review, amend, and add definitions for solid waste contained in chapter 480-70 WAC that include: All definitions contained in WAC 480-70-041, 480-70-196, and 480-70-226 pertaining to the commission's regulation of solid waste collection companies; add other definitions, as necessary, to clarify issues facing the solid waste industry; and combine all definitions into one rule. (2) The rule making will discuss whether entities transporting materials under various circumstances are subject to regulation under chapter 81.77 RCW, as solid waste collection companies, or under chapter 81.80 RCW, as common carriers of property. The following rules are included in the review: WAC 480-70-011 Exempt operations and 480-70-016 Determination of authority required to transport specific commodities or provide specific services. New rule(s) may be necessary to add clarity to this issue. The rule making is assigned Docket TG-080591.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, 81.04.160.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To resolve disagreement among regulated solid waste collection companies, commercial recycling companies, waste/recycling generators, and the department of ecology as to what activities the commission should regulate as solid waste collection under chapter 81.77 RCW and what the commission should regulate as common carriage of property under chapter 81.80 RCW.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Environmental Protection Agency (EPA) and the Washington state department of ecology (DOE). The commission will provide each agency an opportunity to participate actively in the rule making.

Process for Developing New Rule: Agency study; and the commission will ask for initial written comments, and will conduct a workshop. The commission will provide the opportunity for additional written comments and/or for participation in additional workshops, if needed.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested persons may file comments with the Executive Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, phone (360) 664-1234, fax (360) 586-1150, referencing Docket TG-080591.

Interested persons may file written comments on the CR-101 by 5:00 p.m., Monday, June 9, 2008.

WRITTEN COMMENTS AND STAKEHOLDER WORKSHOP: Written comments may be submitted to the commission at the address given above and should be filed with the commission no later than Monday, June 9, 2008, for consideration at the July 1, 2008, stakeholder workshop.

Electronic copies. The commission requests that comments be provided in electronic format to enhance public access, for ease of providing comments, to reduce the need for paper copies, and to facilitate quotations from the comments. Comments may be submitted via the commission's web portal (www.utc.wa.gov/e-filing) or by electronic mail to the commission's records center at records@utc.wa.gov. Please include:

The docket number of this proceeding (TG-080591).
The commenting party's name.
The title and date of the comment or comments.
An alternative method for submitting comments may be by mailing/delivering an electronic copy on a 3 1/2 inch, IBM-formatted, high-density disk, in .pdf Adobe Acrobat format or in Word 97 or later. Include all of the information requested above. The commission will post on the commission's web site all comments that are provided in electronic format. The web site is located at http://www.utc.wa.gov/080591. If you are unable to file your comments electronically or to submit them on a disk, the commission will always accept a paper document.

Opportunity for further comment is anticipated. Information about the schedule and other aspects of the rule making, including comments, will be posted on the commission's web site as it becomes available. If you wish to receive further information on this rule making you may (1) call the commission's records center at (360) 664-1234, (2) e-mail the commission at <records@utc.wa.gov>, or (3) mail written comments to the address above to the attention of Carole J. Washburn, executive secretary. When contacting the commission, please refer to Docket TG-080591 to ensure that you are placed on the appropriate service list. Questions may be addressed to Penny Ingram, (360) 664-1242 or e-mail at pingram@utc.wa.gov.


NOTICE


TO CONTINUE RECEIVING NOTICES AND INFORMATION ABOUT THIS RULE MAKING -- The commission wants to ensure its mailings are sent to persons who are interested in the topic and want to receive that information. ANY PERSON WHO COMMENTS will continue to receive notices and information. If you do not submit comments but wish to remain on the mailing list for this rule making, please advise the records center by any one of the following methods: (1) Send a note with your name, address (or a copy of your mailing label), and telephone and fax numbers referencing Docket TG-080591, and the words "Please keep me on the mailing list"; or (2) e-mail your name, address, telephone and fax numbers, referencing Docket TG-080591, and the words "Please keep me on the mailing list" to <records@utc.wa.gov>. Please note that all information in the mailings will be accessible through the commission's internet web site at <http://www.utc.wa.gov/080591>. THOSE PARTIES WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULE MAKING.

May 7, 2008

Carole J. Washburn

Executive Secretary

Washington State Code Reviser's Office