H-892                _______________________________________________

                                                    HOUSE BILL NO. 356

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State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Nelson, Unsoeld and Brekke

Read first time 1/26/87 and referred to Committee on Energy & Utilities.

AN ACT Relating to garbage and refuse collection companies; amending RCW 81.77.020; and adding a new section to chapter 81.77 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3, chapter 295, Laws of 1961 and RCW 81.77.020 are each amended to read as follows:

          No person, his lessees, receivers, or trustees, shall engage in the business of operating as a garbage and refuse collection company in this state, except in accordance with the provisions of this chapter:  PROVIDED, That the provisions of this chapter shall not apply to the operations of any garbage and refuse collection company under a contract of garbage or refuse disposal with any city or town, nor to any city or town which itself undertakes the disposal of garbage or refuse, nor to the operations of any garbage and refuse collection company under a contract of garbage or refuse disposal with any county to which jurisdiction has been transferred under section 2 of this 1987 act.

NEW SECTION. Sec. 2.  A new section is added to chapter 81.77 RCW to read as follows:

          A county may seek authorization from the commission to supervise and regulate every garbage and refuse collection company operating within the jurisdiction of the county by filing a petition with the commission which certifies that the county has adopted a solid waste management plan pursuant to chapter 70.95 RCW which has been approved by the department of ecology, and which contains a recommendation that the county seek such authorization from the commission.

          Within six months after receipt of the petition, the commission shall hold at least one hearing on the petition and grant, grant with conditions, or deny the petition.  The commission shall deny the petition if it finds that the public interest would not be served by granting authority to the county to supervise and regulate garbage and refuse collection companies.  The commission may condition the granting of the petition in any way it deems necessary to protect the public interest, including the successful implementation of the solid waste management plan by the county in accordance with chapter 70.95 RCW.