PROPOSED RULES
COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-08-012.
Title of Rule: Chapter 480-70 WAC, Solid waste collection companies, Commission Docket TG-990161.
Purpose: (a) To review rules relating to the regulation of for-hire solid waste collections companies for clarity, intent and statutory authority, need, effectiveness and efficiency, coordination, cost, and fairness.
(b) To provide clear, objective standards and guidance to the regulated solid waste collection industry, the consumers they serve, and other entities that interact with the companies by ensuring that the rules relating to regulation of the for-hire solid waste collection industry.
Statutory Authority for Adoption: RCW 81.04.160 Transportation; RCW 81.77.030 Solid waste.
Summary: See Proposal Changes the Following Existing Rules below.
Name of Agency Personnel Responsible for Drafting: Cathie Anderson, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1254; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.
Name of Proponent: Washington Utilities and Transportation Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Proposal Changes the Following Existing Rules: The proposal recommends repealing all existing rules in order to allow the chapter to be more effectively organized. The proposal also recommends elimination of rules that have no present day application. In addition, new rules have been added to ensure clear communication of policies, processes, and procedures or to provide complete information important to regulated companies and the customers they serve. The proposal also recommends adoption of new rules in the chapter that incorporate information formerly contained in various other sources.
Administrative or General Rules New to Chapter 480-70 WAC: WAC 480-70-001, 480-70-006, 480-70-011, 480-70-021, 480-70-126, 480-70-031, 480-70-036, and 480-70-051, the objective of these rules is to make the chapter more informative for users. The rules contain information referred to in other sources such as, but not limited to: Statutes, commission policies, commission orders, and interpretive statements. These sources are not always easily available to the public. Adopting rules in this chapter makes the information readily available. Cross-references to the other sources makes it easier for users to research issues further should they wish to do so.
Operational Rules New to Chapter 480-70 WAC: The objective of rules WAC 480-70-046, 480-70-061, 480-70-056, 480-70-096, 480-70-101, 480-70-121, and 480-70-156 is to clearly define for regulated companies what their responsibilities are on specific issues. These issues include: Notifying the commission when the company changes its address or telephone number, acquires control of a regulated company through acquisition of stock, changes its company name or trade name, makes application for new authority, or enters into service agreements with third-party waste brokers.
Existing Rules Amended for Reasons in Addition to Clarity:
| • | The definition sections were greatly expanded from the current rule, with many more terms and phrases added. The objective is to ensure that terms and phrases used in the chapter are clearly defined. |
| • | Various rules were updated to include information regarding administrative sanctions, technical assistance, and other measures that may result from failure to voluntarily comply with laws, rules, and policies. |
| • | Rules dealing with tariffs and leases were updated to provide sample forms, thus facilitating compliance. |
| • | Establishment of process and procedures for expedited processing of applications for short-term temporary authority in specific circumstances. |
| • | Implementation of recent legislation related to city annexation or incorporation. |
| • | A clear description of the commission's compliance policy. |
| • | A clear description of the commission's policy when dealing with companies transporting solid waste without having first obtained required certificates. |
| • | Incorporate provisions currently published in chapter 480-149 WAC, the standard tariff format, and a brochure containing filing policies into chapter 480-70 WAC. |
| • | Define notice periods for various types of filings. |
| • | Define an expanded customer notice rule, including specific information on the required content of those notices. |
| • | Make less restrictive the process under which companies may request expedited handling of filings, allowing flexibility in filing format. |
| • | Clarify processes for filing tariffs containing reduced rates allowed under RCW 81.28.080. |
| • | Define requirements related to fuel expenses during rate filings. |
| • | Define requirements related to tracking recycling commodity credits and debits. |
| • | Define timelines for responding to customer inquiries. |
| • | Define educational and program information that must be provided to consumers facilitating the consumer in making fully informed choices relating to solid waste service options. |
| • | Reduce burden on companies by reducing the number of contacts that must be made before service may be discontinued. |
| • | Establish provisions allowing companies to offer credits as compensation in consumer complaints or problems. |
| • | Allow companies to accept payment via debit cards and credit cards in addition to payment methods previously authorized. |
| • | Establish processes for requiring prepayment by certain customers, under specific circumstances. |
| • | Define fair use of customer information. |
| • | Defining the chapters of federal regulations adopted by the commission relating to the transportation of medical waste. |
| • | Communication of a policy regarding entering into cooperative agreements with other agencies if doing so will enhance compliance, avoid duplication of efforts, or make better use of expertise and resources. |
No small business economic impact statement has been prepared under chapter 19.85 RCW. Commission staff contacted companies seeking data regarding whether the proposed rules would impose increased costs. The responses indicate that affected companies have not identified such increased costs. The commission analyzed the rules to identify those that impose requirements that are new or differ from current requirements. The commission analysis identified only minor costs.
RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies.
Hearing Location: Commission Hearing Room 206, 2nd Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on December 27, 2000, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Pat Valentine by December 22, 2000, TDD (360) 586-8203 or (360) 664-1133.
Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504-7250, or e-mail to records@wutc.wa.gov, fax (360) 586-1150, by December 11, 2000. Please include Docket No. TG-990161 in your communication.
Date of Intended Adoption: December 27, 2000.
November 22, 2000
Carole J. Washburn
Secretary
OTS-4512.1
PART 1 -- GENERAL ADMINISTRATIVE RULES
NEW SECTION
WAC 480-70-001
Purpose.
The legislature has declared that operating as a solid waste collection company in the state of Washington is a business affected with a public interest and that such companies should be regulated. The purpose of these rules is to administer and enforce chapter 81.77 RCW by establishing standards for:
• Public safety;
• Fair practices;
• Just and reasonable charges;
• Nondiscriminatory application of rates;
• Adequate and dependable service;
• Consumer protection; and
• Compliance with statutes, rules and commission orders.
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(1) Except for those operations described in WAC 480-70-011, these rules apply to any solid waste collection company in the business of transporting solid waste for collection and/or disposal from points in the state of Washington, for compensation, over the public highways.
(2) Cases of erroneous or doubtful interpretation of these rules by a solid waste collection company or customer are subject to appeal to the commission by any interested and proper party affected.
(3) Upon proper showing of any solid waste collection company, the commission may waive or modify as to that solid waste collection company, the provisions of any rule in this chapter except when such provisions are fixed by statute.
(4) No deviation from these rules will be permitted without written authorization by the commission. Violation will be subject to the penalty provisions of chapter 81.04 RCW.
(5) A company in the business of transporting solid waste for collection and/or disposal from points in the state of Washington is not exempt from commission regulation under the provisions of:
(a) The Interstate Commerce Act. Commission regulation of solid waste collection companies includes regulation of the collection and transportation of solid waste between points in the state of Washington and from points in the state of Washington to out-of-state disposal locations; or
(b) The Federal Aviation Administration Authorization Act (FAAAA) of 1994. The FAAAA preempted state regulation of rates, routes and services of property carriers, but did not affect state regulation of solid waste collection companies.
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(1) The following collection and hauling operations are not regulated by the commission:
(a) The operations of a company conducted under a contract for solid waste collection service with a city or town (refer to RCW 81.77.020);
(b) The operations of a city or town that itself provides solid waste collection service (refer to RCW 81.77.020);
(c) The operations of a company conducted under a contract with any county, city or town for the collection or transportation of source-separated recyclable materials from residences (refer to RCW 81.77.130);
(d) The operations of any city or town that itself provides collection and transportation of source-separated recyclable materials from residences (refer to RCW 81.77.130);
(e) The operations of a recycling company or nonprofit entity collecting and transporting recyclable materials from a buy-back center, drop box, or from a commercial or industrial generator of recyclable materials when those recyclable materials are being transported for use other than landfill disposal or incineration, or under agreement with a solid waste collection company (refer to RCW 81.77.140);
(f) The operations of a commercial or industrial generator of commercial recyclable materials in selling, conveying, or arranging for transportation of recyclable materials to a recycler for reuse or reclamation (refer to RCW 81.77.140);
(g) The operations of private carriers who, in their own vehicles, transport solid waste purely as an incidental adjunct to some other established private business owned or operated by them in good faith. This private-carrier exemption does not include persons transporting solid waste from residential sources, such as apartment houses or mobile home parks, in vehicles designed or used primarily for the transport of solid waste;
(h) The operations of carriers using special equipment to transport sewage or cesspool wastes as an incidental part of a septic tank or cesspool cleaning service; or
(i) The operations of carriers transporting loads either from a transfer station to a disposal site or between disposal sites are exempt from regulation by the commission under the provisions of RCW 36.58.050.
(2) The following collection and hauling operations are not regulated by the commission as solid waste:
(a) The operations of a carrier operating under a permit issued by the commission under chapter 81.80 RCW (motor freight) that occasionally transports to a disposal site, but whose primary business is not the collection of solid waste. This exemption does not apply if the carrier holds itself out to the public as a transporter of solid waste. Examples of this type of operation include, but are not limited to:
(i) A dump truck operator, who as a part of performing dump truck operations in conjunction with building or construction projects, hauls an occasional load to a disposal site; or
(ii) A household goods carrier who transports to a disposal site the used packing materials from a shipment of household goods that the carrier transported.
(b) A carrier collecting or transporting recyclable materials from a drop box or recycling buy-back center, or collecting or transporting recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation. This type of operation is regulated under chapter 81.80 RCW as transportation of general commodities.
(3) A carrier transporting commercially salable earth which is used as fill, road ballast, or aggregate is regulated under chapter 81.80 RCW as a transporter of general commodities.
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(1) Chapter 81.77 RCW is intended to cover operations of carriers whose primary business is transporting solid waste for collection and/or disposal. Persons holding permits issued by the commission under the provisions of chapter 81.80 RCW, whose primary business is not the collection of solid waste, normally do not need to obtain a certificate of public convenience and necessity.
(2) In some instances carriers may be engaged extensively in both motor freight and solid waste collection operations. In cases where such operations are separable, carriers may be required to hold both a solid waste certificate under the provisions of chapter 81.77 RCW and a motor carrier permit under the provisions of chapter 81.80 RCW in order to continue both services. In each case it is within the discretion of the commission to determine whether a carrier is required to hold both a motor carrier permit and a solid waste certificate.
(3) In some instances, transportation of a specific commodity may be subject to commission regulation under the provisions of chapter 81.80 RCW, or as solid waste under the provisions of chapter 81.77 RCW, depending on the circumstances involved in the transportation of that commodity. For example, if soil is transported to a landfill to become part of the cover of the landfill, the transportation is subject to regulation as a motor carrier under the provisions of chapter 81.80 RCW. However, if the soil is being transported to a landfill merely for disposal, the transportation is subject to regulation as a solid waste collection company under the provisions of chapter 81.77 RCW.
(4) In determining whether operations require a solid waste certificate or a motor carrier permit, the commission will consider factors including, but not limited to:
(a) The intent of the shipper;
(b) The intended destination of the shipment;
(c) The actual destination of the shipment;
(d) Special handling or conditions placed on the shipment by the shipper and/or receiver;
(e) The value of the commodity being transported;
(f) Whether the carrier is primarily engaged in the business of providing solid waste collection or is primarily engaged in the business of providing a service other than the collection of solid waste; and
(g) Whether the carrier holds itself out to the public as a transporter of solid waste.
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(1) These rules do not relieve any solid waste collection company from any of its duties and obligations under the laws of the state of Washington.
(2) The commission retains the authority to impose additional or different requirements on any solid waste collection company in appropriate circumstances, consistent with the requirements of law.
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If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.
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If the interpretation of any rule in this chapter is questioned by a company, a customer, or an applicant, a request for clarification may be filed with the commission.
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Commission rules governing administrative practices and procedures are in chapter 480-09. If a rule in this chapter conflicts with a rule in chapter 480-09 WAC, the rule in this chapter applies. Copies of chapter 480-09 WAC are available on request to the commission records center.
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(See WAC 480-70-226 for definition of terms used primarily in tariff filings.) Unless the language or context indicates that a different meaning is intended, the following words, terms and phrases mean:
"Application docket" means a commission publication listing applications requesting operating authority, and commission action taken on applications for temporary authority.
"Biomedical waste" means the following types of waste:
"Animal waste" means waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.
"Biosafety level 4 disease waste" means waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the Centers for Disease Control, National Institute of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition.
"Cultures and stocks" means wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes, but is not limited to, culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures.
"Human blood and blood products" means discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.
"Pathological waste" means waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation.
"Sharps waste" means all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
| Note: | Certificates issued prior to the effective date of these rules may contain the terms "biohazardous waste" or "infectious waste" in describing services authorized. From the effective date of these rules, those permits shall be understood to allow the transportation of "biomedical waste." |
"Biohazardous or biomedical waste transporter" means any person who transports infectious waste over the highways in a quantity equal to or exceeding one hundred pounds per month for compensation.
"Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process.
"Business of transporting solid waste for collection and/or disposal for compensation" means those carriers who are primarily in the specialized business of solid waste for collection and/or disposal.
"Cancellation" means an act by the commission to terminate a solid waste collection company certificate; or an act by a carrier to discontinue the application of a tariff, a tariff supplement, or a tariff item.
"Certificate" means the certificate of public convenience and necessity issued by the Washington utilities and transportation commission under the provisions of chapter 81.77 RCW for the operation of solid waste collection companies.
"Certificated authority" means the territory and services granted by the commission and described in a company's certificate of public convenience and necessity.
"City regulation" means regulation of the operations of a solid waste collection company by a city through issuance of a contract.
"Classes of companies":
"Class A company" means a traditional solid waste collection company with an annual gross operating revenue from regulated, intrastate operations of one million dollars or more.
"Class B company" means a traditional solid waste collection company with an annual gross operating revenue from regulated, intrastate operations of less than one million dollars.
"Class C company" means a solid waste collection company that does not provide traditional residential or commercial solid waste operations. This class includes specialized carriers generally hauling specific waste products for specific customers or providing only on-call or nonscheduled service.
"Classes of service" means either commercial, specialized, drop box, or residential service.
"Company" means a solid waste collection company.
"Commercial authority" means authority to provide solid waste collection service to business, institutional, or industrial generators.
"Commercial recycling service" means transportation of recyclable commodities from a buy-back center, drop box, or from a commercial or industrial generator of recyclable materials when those recyclable materials are being transported for use other than landfill disposal or incineration. Commercial recycling is regulated under chapter 81.80 RCW.
"Commercial service" means solid waste collection service provided to a business, institutional, or industrial generator.
"Commission" means the Washington utilities and transportation commission.
"Common carrier" means any person who transports solid waste by motor vehicle for compensation.
"Construction debris" or "construction waste" means solid waste resulting from the building or renovation of buildings, roads and other man-made structures. Construction debris includes, but is not limited to, materials such as plasterboard, cement, dirt, wood, and brush.
"Contract carrier" means a person holding a certificate issued by the commission authorizing transportation of solid waste for collection and/or disposal under special and individual contracts or agreements.
"Demolition waste" or "demolition debris" means solid waste resulting from the demolition or razing of buildings, roads and other man-made structures. Demolition waste includes, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper.
"Disinfect" means to cleanse by destroying harmful microorganisms.
"Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs. This term includes, but is not limited to, landfills, transfer stations, and incinerators.
"Dump truck operator" means a carrier holding a permit under chapter 81.80 RCW, engaged in the operation of dump trucks and similar vehicles used in the transportation of sand, gravel, dirt, debris, and other similar commodities except solid waste. Dump truck operations are usually conducted during the daytime; are local in character; are somewhat seasonal, especially in connection with building or construction projects; and the value of the commodity transported is usually low.
"Filing" means any application, petition, tariff proposal, annual report, comment, complaint, pleading, or other document submitted to the commission.
"Garbage" means those materials of solid waste that are putrescible.
"Garbage and refuse." Whenever the phrase "garbage and refuse" is used as a qualifying phrase, it means either garbage or refuse, or both garbage and refuse.
"Hazardous waste" means any material that is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR Part 262.
"Incineration" means to reduce the volume of solid waste by use of an enclosed device using controlled flame combustion.
"Incinerator" means a site where solid waste is reduced in volume by use of an enclosed device using controlled flame combustion.
"Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land-treatment facility.
"Land-treatment facility" means the site on which the practice of applying dangerous waste onto or incorporating dangerous waste into the soil surface so that it will degrade or decompose takes place. The term does not include applying waste onto or into the soil surface for the purpose of soil sweetening or soil amendment.
"Leachate" means water or other liquid that has been contaminated by dissolved or suspended materials due to contact with solid waste or gases.
"Motor vehicle" means any truck, trailer, semitrailer, tractor or any self-propelled or motor-driven vehicle used on any public highway of this state for the purpose of transporting solid waste for collection and/or disposal.
"Multiple-family residence" or "multifamily residence" means any structure housing two or more dwelling units.
"Multifamily service" means residential service provided to multifamily structures or locations including, but not limited to, duplexes, apartments, mobile home courts, and condominiums.
"Nonputrescible" means not capable of being readily decomposed by microorganisms.
"Occasional" means occurring at irregular and infrequent intervals. The term is quantitative, not qualitative, in that the term applies to services that are only performed from time-to-time, not that the solid waste hauling is only a small part of services offered.
"Packer" means a device or vehicle specially designed to compress loose materials.
"Person" means an individual, firm, corporation, association, partnership, lessee, receiver, trustee, consortium, joint venture, or commercial entity.
"Private carrier" means a person who transports solid waste purely as an incidental adjunct to some other established private business owned or operated by that person in good faith.
| EXCEPTION: | A person who transports solid waste from residential sources in a vehicle designed or used primarily for the transport of solid waste is not a private carrier. |
"Private road" means a road not normally available for use by the public.
"Public highway" means every street, road, or highway in this state normally available for use by the public.
"Putrescible" means capable of being readily decomposed by microorganisms.
"Recyclable materials" means materials that are transported for recycling, reprocessing, reclamation, or for any process that extracts or modifies the commodity for reuse or another commercially valuable purpose.
"Recycling" means transforming or remanufacturing materials into usable or marketable materials for use other than landfill disposal or incineration.
"Refuse" means those materials of solid waste that are not putrescible.
"Residence" means the regular dwelling place of an individual or individuals.
"Residential authority" means authority to provide solid waste collection from residences.
"Residential recycling service" means collection of those solid wastes that are separated for recycling or reuse, such as paper, plastic metals, and glass, that are identified as recyclable materials pursuant to a local comprehensive solid waste plan.
"Residential service" means solid waste collection from residences.
"Sewer sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW, and is transported to a site for disposal.
"Shipping paper" means a shipping order, bill of lading, manifest, or other shipping document serving a similar purpose and containing the information required in WAC 480-70-401.
"Small business" means any company that has fifty or fewer employees.
"Solid waste" or "solid wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to:
• Garbage;
• Rubbish;
• Swill;
• Ashes;
• Industrial wastes;
• Sewage sludge;
• Demolition and construction wastes;
• Abandoned vehicles or parts of abandoned vehicles; and
• Source-separated recyclable materials collected from single and multifamily residences.
"Solid waste collection" means collecting solid waste from residential or commercial customers and transporting it over the highways of the state of Washington, for compensation, using a motor vehicle.
"Solid waste collection company" means every common carrier, including a contract carrier, who provides solid waste collection service.
"Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
"Specialized solid waste collection company" means a company providing other than traditional solid waste collection service. Specialized companies generally haul specific waste products for specific customers, provide only on-call or nonscheduled service, or provide accessorial services not normally provided by traditional solid waste collection companies.
"State" means the state of Washington.
"Suspension" means an act by the commission to temporarily withhold a solid waste collection company's certificated authority; or an act by the commission to withhold approval of a company's tariff filing.
"Tariff" means a document issued by a company, and approved by the commission, containing the services provided, the rates and charges the company bills its customers for those services, and the rules describing how the rates and charges apply.
"Tariff service territory" means a company-defined geographic division of its certificated authority in which a specific tariff applies.
"Third-party waste broker" means a person or company acting on behalf of a generator of solid waste, usually an industrial or commercial generator, to arrange for collection and/or disposal of solid waste.
"Traditional solid waste collection company" means a company engaged in collecting and removing solid waste and recyclable materials from private homes, and removing solid waste from commercial establishments, industrial facilities, and other sites. Solid waste is normally picked up on a daily, weekly, or other regular basis. Drivers are usually assigned designated routes to collect curbside residential solid waste or transport cans or containers for commercial businesses.
"Transfer station" means a staffed, fixed supplemental facility used by persons and route collection vehicles to deposit solid wastes into transfer trailers for transportation to a disposal site. The definition does not usually include detachable containers. However, in counties with a population of less than seventy thousand, and in any county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand that is located east of the crest of the Cascade mountain range, where detachable containers are securely fenced, staffed by an attendant during all hours when the detachable container is open to the public, charge a tipping fee that shall cover the cost of providing and for use of the service, and shall be operated as a transfer station. (Refer to RCW 36.58.030.)
"Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease by making it noninfectious. Any waste, except sharps, that has been treated is not considered biohazardous or biomedical waste, and may be considered to be solid waste for purposes and handling.
"Vehicle" means every device capable of transporting solid waste on a public highway. The term "vehicle" does not include devices moved by human or animal power or used exclusively on stationary rails or tracks.
"Yard waste" or "yard debris" means plant material commonly created in the course of maintaining yards and gardens and through horticulture, gardening, landscaping, or similar activities. Yard waste includes, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, and vegetable garden debris.
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A company must notify the commission in writing of any change in physical business address, business mailing address or business telephone number. This notice must be filed at least ten days before the effective date of the change by letter, telefacsimile, or e-mail.
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(1) The commission may grant an exemption of any rule in this chapter, when doing so is consistent with the public interest, the purposes underlying regulation, and applicable statutes.
(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, giving a full explanation of the reason for requesting the exemption.
(3) The commission will assign the request a docket number, if it does not arise in an existing docket, and will schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date of the hearing or open meeting when the commission will consider the request.
(4) In determining whether to grant the request, the commission may consider whether application of the rule would impose undue hardship on the petitioner, of a degree or a kind different from hardships imposed on other similarly situated persons, and whether the effect of applying the rule would be contrary to the purpose of the rule.
(5) The commission will issue an order granting or denying the request or setting it for hearing pursuant to chapter 480-09 WAC.
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(1) Software and scale compatibility. The commission uses geographic information system (GIS) software to track certificated authorities. When required by this chapter to file a map, a company must file that map in one of the methods described in (a) and (b) of this section.
(a) Electronic maps. A company may file an electronic map that is compatible with the commission's hardware and software. Before filing its map electronically, a company must contact the commission to determine whether its mapping software is compatible with that used by the commission.
(b) Paper maps. A company may file a paper map using United States Geological Survey (USGS) maps at a scale of 1:250,000 to show certificate boundaries. The commission may require maps at a scale of 1:24,000 to clearly resolve any inconsistencies. USGS maps are available through the Washington state department of natural resources and various private vendors.
(2) Map detail. Any map submitted to the commission must:
(a) Clearly show townships, ranges, streets, county lines, and any other feature described in the certificate;
(b) Be clearly labeled to identify the features described in the certificate;
(c) Have a north arrow;
(d) Have a map legend briefly describing the features on the map;
(e) Have a scale bar showing the distance on the map equal to a defined number of feet, miles or other unit; and
(f) Have a title box that includes the company's name as shown on the company's certificate, the company's registered trade name, the identification number of the company tariff to which the map applies, and a contact name and phone number.
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(1) General provisions. A company must keep all business records and reports for at least three years following the date those documents are created unless otherwise specified in these rules or unless a longer retention period is required by another governmental body.
(2) Retention schedule table. The following schedule shows periods that companies must preserve various records.
| Type of Record: | Retention Period: | |
| 1. | Corporate and General Records: | |
| A. | Incorporation and reorganization records including: | |
| (a) | Charter or certificate of incorporation and amendments; | |
| (b) | Legal documents related to mergers, consolidations, reorganization, receiverships and similar actions which affect the identity or organization of the company. . . . | Refer to Note 1 |
| B. | Minutes of directors, executive committees, stockholders and other corporate meetings. . . . | Refer to Note 1 |
| 2. | Original certificate. . . . | Until cancellation |
| 3. | Contracts and agreements: | |
| (a) | Service contracts (management, accounting, financial or legal services) . . . . | Until expiration or termination plus three years |
| (b) | Contracts with employees and employee groups. . . . | Until termination plus one year |
| (c) | General contracts, leases and agreements. . . . | Until termination plus one year |
| 4. | Capital stock records. . . . | Refer to Note 1 |
| 5. | Long-term debt records: | |
| (a) | Bond indentures, underwritings, mortgages, and other long-term credit agreements. . . . | Until redemption plus three years |
| (b) | Registered bonds and debenture ledgers. . . . | Refer to Note 1 |
| (c) | Stubs or similar records of bonds or other long-term debt issued. . . . | Refer to Note 1 |
| 6. | Ledgers: | |
| (a) | General and subsidiary ledgers and indexes. . . . | Until discontinuance of use plus three years |
| (b) | Balance sheets and trial balance sheets of general and subsidiary ledgers . . . | Three years |
| 7. | Journals: | |
| (a) | General journals. . . . | Until discontinuance of use plus three years |
| (b) | Subsidiary journals and any supporting data necessary to explain journal entries . . | Three years |
| 8. | Cash books: | |
| (a) | General cash books. . . . | Until discontinuance of use plus three years |
| (b) | Subsidiary cash books . . . . | Three years |
| Note 1: | Records referring to this note should be maintained as determined by the designated company records supervisory official. In determining the length of time to retain these records, companies should consider the record retention requirements of the Internal Revenue Service, Securities and Exchange Commission, state and local jurisdictions, and other regulatory agencies. |
(a) Customer service records must be kept on file in the general office of the company for at least three years.
(b) Customer service records must be kept in alphabetical, service address, or service route order.
(c) Customer service records must show at least the following information:
(i) The name and service address of the customer;
(ii) The billing address of the customer, if different than the service address;
(iii) Categories and quantity of service provided, including extra services as they are provided;
(iv) Information required to provide, on customer request, a detailed description of the amount billed the customer;
(v) Amounts billed;
(vi) Amounts collected; and
(vii) Balance due.
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PART 2 -- ACCOUNTING REQUIREMENTS, REPORTING REQUIREMENTS AND REGULATORY FEES(1) The commission publishes a uniform system of accounts (USOA) for solid waste collection companies. The commission supplies copies of the USOA on request.
(a) The USOA defines accounting, financial, and other procedures the commission uses to determine if rates are fair, just, reasonable, and sufficient.
(b) The USOA contains accounting definitions, listings, and explanations of balance sheet and income statement accounts.
(2) The commission recommends companies maintain their financial and accounting records in concurrence with the USOA. Regardless of what accounting system a company uses, the company must maintain its books and records in a manner sufficient to complete the commission-issued annual report form, using figures that reconcile with the USOA.
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(1) Annual reports. An annual report is an end-of-the-year summary of financial and operational activity that each regulated company is required to file with the commission.
(a) Each year the commission provides an annual report form and instructions to each company at its address of record. Failure to receive the form does not relieve a company of its obligation to complete and file its annual report. A company that does not receive an annual report form must contact the commission to request a copy of the form.
(b) A company must file a complete, accurate annual report showing all requested information by May 1 of the succeeding year. Information provided on the annual report must agree with source documents maintained at company offices.
(c) The commission may grant an extension of time allowing the company to file its annual report after the May 1 due date if the commission receives a request for extension before May 1.
(d) The commission may issue penalty assessments or take action to suspend or cancel a certificate if a company fails to file its required annual report.
(e) A company selling, canceling, transferring, or in some other manner discontinuing operations must submit an annual report for that portion of the year in which the company operated.
(2) Other reports. The commission may require a company to file periodic or other special reports.
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A regulatory fee is an annual assessment paid by each company to cover the costs of regulating the solid waste industry.
(1) The maximum regulatory fee is set by statute at one percent of gross intrastate operating revenue. Each year, the commission may set the regulatory fee at an amount less than the statutory maximum. The minimum fee can be no less than one dollar.
(2) A company must pay its regulatory fee by April 1 of each year.
(3) The commission does not grant extensions for payment of regulatory fees.
(4) If a company does not pay its regulatory fee by April 1, the commission will assess an automatic late fee of two percent of the amount due, plus one percent interest for each month the fee remains unpaid.
(5) The commission may issue penalty assessments, or take action to suspend or cancel a certificate, if a company fails to pay its regulatory fee.
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PART 3 -- CERTIFICATES(1) Certificate required. A person must have a certificate of public convenience and necessity from the commission before operating as a solid waste collection company in the state of Washington.
(2) Company name. The company name is the name of the certificate holder.
(a) A company electing to conduct operations under a trade name must first register the trade name with the commission.
(b) A company must conduct all operations under the company name or a registered trade name. The term "operations" includes, but is not limited to: Collection, billing, advertising, and identifying vehicles.
(3) Display. A company must keep the original of its certificate on file at its main office subject to inspection by any customer, law enforcement officer, commission compliance officer, or other authorized commission representative who asks to see it.
(4) Replacement. The commission will replace a lost or destroyed original certificate at no charge.
(5) Description of certificated authority. When a company's certificated authority is described using boundaries such as streets, avenues, roads, highways, townships, ranges or other descriptions, those descriptions or boundaries are established in the certificate as they existed at the time the commission granted the authority.
(6) Operating within certificated authority.
(a) A company must operate strictly within the authority described in its certificate.
(b) The commission may institute administrative sanctions against a company operating outside its certificated authority. Refer to WAC 480-70-216 for information regarding administrative sanctions.
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(1) The purpose of application filing fees is to partially cover handling and processing expenses.
(2) The commission establishes the following fees for application filings:
| Certificate applications, including applications for new authority, extension of existing authority, transfer of authority, lease of authority, and reinstatement of canceled authority . . . . . . . . . . . . | $ 200 |
| Temporary certificate applications, including applications for new temporary authority, temporary authority to operate pending a commission decision on a concurrently filed certificate application, and applications for expedited temporary . . . . . . . . . . . . | $ 25 |
| Name change applications, including applications for change of corporate name, change of trade name, additional or new trade name, and change of surname of an individual owner or partner . . . . . . . . . . . . | $ 35 |
| Mortgage applications, including requests for permission to mortgage or otherwise encumber a certificate . . . . . . . . . . . . | $ 35 |
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(1) A company must submit its application for certificated authority on forms provided by the commission.
(2) Applications must include all requested information, attachments, signed statements, and filing fees.
(a) The commission may reject or defer consideration of an application until the applicant provides all required information;
(b) The commission may reject or defer consideration of an application until the applicant pays any outstanding fees or penalties; or
(c) The commission may reject or dismiss an application if it includes false, misleading, or incomplete information.
(3) A certificate application must include, but is not limited to:
(a) A complete description of the proposed service and the line, route, or service territory using boundaries such as streets, avenues, roads, highways, townships, ranges, city limits, county boundaries, or other geographic descriptions;
(b) A map of the proposed line, route, or service territory that meets the standards described in WAC 480-70-056;
(c) If contract carrier authority is requested, a copy of each contract under which service will be performed;
(d) A statement of the applicant's assets and liabilities;
(e) A proposed tariff;
(f) A statement of conditions which justify the proposed service;
(g) An equipment list; and
(h) A statement of the applicant's transportation or solid waste industry experience, including knowledge of motor carrier driver and equipment safety requirements.
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(1) Notice required. Any person acquiring control of a solid waste collection company through acquisition of the stock of that company must notify the commission in writing within thirty days of the acquisition.
(2) Content of notice. Notice may be accomplished by filing a letter with the commission. The letter must include at least the following information:
(a) The name, registered trade names, and certificate number of the acquired company.
(b) The date of acquisition.
(c) The names of the majority stockholders and the percent of stock each holds.
(d) The name, address, telephone number, telefacsimile number, and e-mail address of a contact person within the company to whom questions may be directed.
(e) The location (mailing address and physical address) where books and records of the acquired company will be retained.
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Filing an application for certificated authority does not authorize the applicant to start solid waste collection operations in the territory, or of the commodity, described in the application. The commission must grant authority and issue a certificate before a company may begin service in that territory.
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(1) Application docket. The application docket is a notice of pending certificate applications published by the commission. The application docket is mailed to each existing certificate holder and to any other interested person. It includes notice of certificate applications for:
(a) New authority;
(b) Extension of existing authority;
(c) Transfer of authority;
(d) Lease of authority; and
(e) Reinstatement of authority when a city discontinues self-hauling or contracting for solid waste collection.
(2) Protests. A certificate holder may file a protest to an application on the docket. A solid waste collection organization, association, or conference may file a protest on behalf of existing certificate holders, specifying the names of the persons or companies in whose interests the protest is filed.
(a) Form of protests. Protests must:
(i) Be filed within thirty days of the date the commission mailed the application docket notice;
(ii) Be filed according to the provisions of WAC 480-09-420;
(iii) Specify the reasons for protest; and
(iv) Specify the protestant's interest in the proceeding.
(b) Failure to file protest on time. A person who is eligible to file a protest but fails to do so within the thirty-day protest period may not in any way participate further in the proceeding, unless that person can show that the commission did not provide proper notice of the pending application.
(3) Intervention. Any person, other than the applicant and protestants to an application, who desires to appear and participate, and who does not desire to broaden the issues of the proceeding, may petition in writing to be an intervenor. Refer to chapter 480-09 WAC for information on intervention.
(4) Applications not subject to the docket and protest provisions of this rule. This rule does not apply to:
(a) Applications to reinstate a certificate canceled for cause under the provisions of WAC 480-70-166, when those applications are filed within thirty days of the cancellation date;
(b) Applications for expedited temporary authority;
(c) Applications for temporary certificated authority;
(d) Applications for name change; or
(e) Applications to mortgage a certificate.
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(1) The commission may consolidate applications for certificated authority for joint consideration if:
(a) The authority requested in the applications overlaps in whole or in part; and
(b) The subsequent application was filed within thirty days of the mailing date of the application docket notice of the original application.
(2) Applications for overlapping authority not filed within thirty days after the initial application docket notice will be decided after the conclusion of proceedings resolving the initial application and any other application qualifying for joint consideration.
(3) When applications consolidated by the commission for joint consideration also contain requests for territory or services not overlapping that requested in the other application, and the nonoverlapping services or territory may be appropriately severed, the commission may decide the nonoverlapping portions of the application separately from the portions that do overlap.
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(1) A company must obtain commission approval before it may sell, assign, lease, transfer, or mortgage its certificate, or any portion of the operating authority described in its certificate.
(2) To obtain commission approval for sale, assignment, lease, transfer or mortgage, all parties to the transaction must file a joint application with the commission.
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(1) A company must file a name change application to:
(a) Change its corporate name;
(b) Change its trade name;
(c) Add a trade name to a certificate; or
(d) Change the surname of an individual owner or partner to reflect a change resulting from marriage or other legal action.
(2) When filing a name change application, the applicant must include:
(a) The application fee required by WAC 480-70-086;
(b) Copies of any corporate minutes authorizing the name change; and
(c) Proof that the new name is properly registered with the department of licensing, office of the secretary of state, or other agencies, as may be required.
(3) If a name change results from a change in ownership, including addition or deletion of a partner, the company must file an application to transfer the certificate pursuant to the provisions of WAC 480-70-116.
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(1) A person whose application has been denied after hearing may not refile the application for a period of six months from the date of the final order denying the application.
(2) A person whose application has been dismissed for failure to appear at a hearing, or who has been found to be in default, may not refile the application for a period of six months from the date of the final order dismissing the application.
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(1) Requirements. Temporary certificate applications must meet the requirements of WAC 480-70-091.
(2) Public interest. The commission may grant a temporary certificate after determining that granting the requested authority is consistent with the public interest. In determining if the requested temporary authority is consistent with the public interest, the commission will consider factors including, but not limited to:
(a) The fitness of the applicant.
(b) The immediate or urgent need for the requested service due to circumstances such as, but not limited to:
(i) An emergency rendering it impossible for the existing company to provide service;
(ii) Commission action suspending or canceling the authority of the existing company; or
(iii) Lack of service.
(b) Whether the requested service is currently available from an existing company serving the territory; and
(c) Any other circumstances indicating that a grant of temporary authority is consistent with the public interest.
(3) Shipper support statements required. Applicants for temporary certificates must include signed and sworn support statements from one or more potential customers identifying all pertinent facts relating to need for the proposed service.
(4) Special terms, conditions, and limitations. The commission may impose special terms, conditions, and limitations in connection with the grant of any temporary certificate. For example, the commission may limit temporary authority to provide service to only those commercial customers whose support statements are submitted with an application.
(5) Length of service allowed under temporary certificate. The commission may issue a temporary certificate effective for a period:
(a) Of up to one hundred eighty days when the area or service territory is not contained in another company's certificate;
(b) Of up to one hundred twenty days when the area or service territory is contained in another company's certificate; or
(c) That continues until the commission grants, denies, or dismisses a parallel certificate application for permanent authority, or until the temporary certificate is otherwise canceled, whichever happens first. Provided, the certificate application must be filed within thirty days of the temporary certificate application or within thirty days of the order granting the temporary certificate.
(6) Docketing. The commission will publish the following on its application docket:
(a) Temporary certificates granted, including any terms and conditions attached to the grant of such authorities; and
(b) A list of all applications for temporary certificated authority that the commission considered and denied.
(7) Protests. An existing company may file a protest opposing a temporary certificate, if the area or service territory granted is contained in the existing company's certificate. A solid waste collection organization, association, or conference may file a protest on behalf of existing companies, specifying the names of the individuals or companies in whose interests the protest is filed. Protests must:
(a) Be filed with the commission in writing within twenty days after the date the commission mails the application docket;
(b) Contain a statement of the specific grounds on which the protest is made;
(c) Contain a statement of the protestant's interest in the proceeding;
(d) Be served on the applicant; and
(e) Be served on the applicant's representative, if one is stated in the notice.
(8) Disposition of protests. The commission may grant or deny a protest without hearing.
(9) Brief adjudicative proceedings. The commission may order a brief adjudicative proceeding on its own motion or at the request of a party.
(10) Intervention. Any person, other than the applicant and protestants to an application, who desires to appear and participate, and who does not desire to broaden the issues of the proceeding, may petition in writing to be an intervenor. Refer to chapter 480-09 WAC for information on intervention.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 480-70-136
Certificates, temporary, expedited
application.
The commission may grant temporary authority using an expedited application process to meet an immediate or urgent need for service if it determines that doing so would be consistent with the public interest. Authority granted under these provisions is known as "expedited temporary authority" or an "ETA."
(1) Determining public interest. The commission will consider the following factors in determining whether granting expedited temporary authority is consistent with the public interest:
(a) A showing of an immediate or urgent need for the requested service;
(b) The presence or lack of available service capable of meeting the need; and
(c) Any other circumstances indicating that the grant of the expedited temporary authority is consistent with the public interest.
(2) Restrictions and limitations on expedited temporary authority.
(a) The commission may grant expedited temporary authority for periods of not more than thirty days.
(b) The commission may limit expedited temporary authority to providing service to the specific customer or customers supporting the application.
(c) The commission may further limit expedited temporary authority to service within a specific county, a specific city, a specific geographical area, a specific route, or a specific site.
(3) Application for expedited temporary authority. A company applying for expedited temporary authority must submit at least the following:
(a) An application on a form provided by the commission.
(b) Sworn statements from a customer or customers setting forth all pertinent facts relating to the need for service.
(c) Proof that the applicant holds insurance coverage in the amounts, and meeting the provisions, of WAC 480-70-181. Proof may consist of an insurance policy or a certificate of insurance.
(d) An application fee of twenty-five dollars.
(e) A statement that the company will comply with all applicable safety regulations including, but not limited to, those regulations relating to driver qualifications, hours of service, equipment safety, and drug and alcohol testing.
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(1) Self-haul or contract city service. When a city that self-hauls or contracts for solid waste collection service annexes any area contained in a company's certificate, the affected certificated authority is canceled as of the date of the city's written notification to the commission that the solid waste collection operations in the annexed area are exempt as provided for in RCW 81.77.020, or the effective date of any ordinance, resolution, franchise, or contract providing such exemption, whichever is later.
(2) Commission-regulated city service. When a city that does not self-haul or contract for solid waste service annexes or incorporates an area contained in a certificate, the affected certificated authority is canceled on the effective date of a city contract issued for solid waste collection service, or on notice to the commission of a city ordinance or resolution which removes the city service from commission regulation under the provisions of RCW 81.80.020.
(3) Contract for city service. When entering into a contract with a city to provide solid waste collection services, and if the area to be served is contained in the company's certificated authority, a company must provide written notification to the commission within thirty days of the date of the agreement. Notice must include a cover letter, a copy of the executed agreement, and a map of the affected area. The map submitted must meet the standards defined in WAC 480-70-056.
(4) Compensation for canceled certificated authority. A company must notify the commission in writing within thirty days of a city purchasing or condemning its certificated authority. Notice must include a cover letter and a copy of any contract or ordinance.
(5) Self-haul or contract city service discontinued. When a city notifies the commission of its decision to discontinue self-hauling or contracting for solid waste collection service, the original canceled certificated authority may be reinstated and a certificate issued to the previous certificate holder.
(a) The previous certificate holder may petition for reinstatement of the original certificated authority canceled by city annexation or incorporation.
(b) If the certificate has been transferred to a new company, then the current certificate holder may petition for reinstatement of original certificated authority canceled by city annexation or incorporation.
(c) If the previous certificate holder was compensated for the canceled authority, the commission will accept applications for new certificated authority.
(d) If no previous certificate holder exists, the commission will accept applications for new certificated authority.
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Contracts accompanying applications for contract certificated authority must be original or duplicate original contracts. They must be mutually binding on both the shipper and company, entered into in good faith, and include:
(1) The starting and ending dates of the agreement;
(2) The route or area in which service will be provided;
(3) The kind and minimum quantity of the commodities to be transported (the minimum quantity must be an amount sufficient to allow operation of the company's equipment at a profit);
(4) The rates agreed on by the parties;
(5) A description of the process for terminating the contract before the stated expiration date, which specifies that at least five days' notice must be given to the commission and to both parties before the termination process may be implemented; and
(6) A provision stating that the contract is subject to the authority of the commission to fix or amend just, fair, and reasonable classifications, rules, and minimum rates and charges for solid waste collection service.
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(1) A company may enter into an agreement to allow another company to operate in its territory when the first company:
(a) Holds exclusive authority for solid waste collection service in the territory to be served; and
(b) Lacks suitable equipment to adequately serve its customers, or is unable to provide service on a temporary basis due to situations such as, but not limited to, road closures, temporary weight limitations, or other temporary restrictions imposed by local jurisdictions.
(2) The commission must approve the agreement before any service is provided. To apply for commission approval, the companies must jointly file a copy of the written agreement at least fifteen days before the proposed effective date of the agreement. Companies may request the fifteen-day approval period be waived in the case of an emergency.
(3) The agreement filed with the commission must clearly state:
(a) The first company will bill customers for service provided by the second company at rates and charges contained in the first company's filed tariff.
(b) The first company will pay the second company for providing service in compliance with terms stated in the agreement.
(c) The beginning and ending dates of the agreement.
(d) A provision for early termination of the agreement which includes at least five days' notice to the commission and to each party.
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A company providing solid waste service under a contract or agreement with a third-party waste broker must comply with the laws of the state of Washington, commission rules and policies relating to solid waste collection and/or disposal, and the provisions contained in the company's filed, approved tariffs.
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(1) Cause for suspension. The commission may suspend a certificate for cause. Cause includes, but is not limited to:
(a) Failure to maintain evidence of required liability insurance coverage for all areas of a company's operations;
(b) Failure to file an annual report or pay required regulatory fees;
(c) Failure to comply with the rates and rules contained in the company's filed tariff;
(d) Failure or refusal to comply with operating standards that protect the public health, safety or welfare;
(e) Allowing others to operate under a company's certificated authority without having first obtained commission approval; or
(f) Operating in a manner that violates the rights of customers and/or constitutes an unfair or deceptive business practice.
(2) Notice of suspension. The commission will issue an order notifying the company of the commission's action to suspend a certificate. Suspension is effective on the date the commission mails the suspension order (service date).
(3) Contest of suspension. A company may contest the suspension of its certificate by requesting a hearing or brief adjudicative proceeding.
(4) Suspension without opportunity for prior hearing. The commission may suspend a certificate without providing an opportunity for prior hearing if there is imminent danger to the public health, safety, or welfare, and there is insufficient time to conduct a hearing. If the commission invokes this suspension clause, the commission will, as soon as is practical, schedule a hearing or brief adjudicative proceeding to determine if the suspension should continue in force and effect.
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(1) Cause for cancellation of a certificate. The commission may cancel a certificate for cause. Cause includes, but is not limited to:
(a) Operating without proper insurance;
(b) Failure to file an annual report or pay required regulatory fees;
(c) Failure to correct within the time specified in a suspension order all conditions listed in the suspension order that led to the certificate's suspension;
(d) Continued violations of applicable laws and rules affecting the public health, safety, or welfare when the commission has reason to believe the company will not comply with those laws and rules following a specified period of suspension;
(e) Repeated failure or refusal to comply with applicable laws and rules pertaining to operations of solid waste collection companies;
(f) Failure to supply requested information needed by the commission in the performance of its regulatory functions;
(g) Submission of false, misleading or inaccurate information; or
(h) Allowing others to operate under a company's certificated authority without having first obtained commission approval.
(2) Cancellation hearing.
(a) The commission will normally hold a hearing prior to canceling a certificate, or will offer the company an opportunity for a hearing.
(b) No hearing will be held if an order of suspension issued by the commission stated a date by which a company must correct the causes that led to the suspension, and the company failed to take corrective action within the time frame shown in that order.
(3) Notice of cancellation. The commission will issue an order notifying the company of the commission's action to cancel a certificate. The cancellation is effective on the date the commission mails the cancellation order (service date).
(4) Contest of cancellation. A company may contest the cancellation of its certificate by requesting a hearing or brief adjudicative proceeding.
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(1) The commission may reinstate a certificate canceled for cause under provisions of WAC 480-70-166 if the company:
(a) Corrects all conditions leading to the cancellation; and
(b) Files a certificate application to reinstate authority with proper application fee within thirty days of the cancellation service date.
(2) The commission may reinstate a certificate, or any portion of the operating authority contained in a certificate, canceled by city annexation or incorporation under the conditions specified in WAC 480-70-141.
(3) The commission may reinstate a certificate suspended under the provisions of WAC 480-70-161 if the company satisfies the terms of the suspension and all conditions leading to the suspension are corrected.
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(1) A company must not discontinue operations authorized under its certificate without prior approval from the commission.
(2) A company requesting commission approval to discontinue operations must give at least ten days' written notice to its customers, officials of cities and counties where affected customers reside, and the commission.
(3) A request for approval to discontinue operations must contain at least the following:
(a) The name, telephone number, mailing address, telefacsimile number (if any) and e-mail address (if any) of a contact person;
(b) An explanation of the company's reasons for requesting approval to discontinue operations;
(c) A statement of the number of customers, by class of service provided, who will lose service if the commission grants the requested approval to discontinue operations; and
(d) An explanation of options available to the customers who will lose service. For example: Names of landfills and/or transfer stations to which the customer may self-haul or the names of companies with overlapping certificates.
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PART 4 -- INSURANCE(1) Insurance coverage. A company must have public liability and property damage insurance covering each motor vehicle it operates in the state of Washington.
(a) The insurance policy must be written by an insurance company authorized to write insurance in the state of Washington.
(b) The insurance policy must include the Uniform Motor Carrier Bodily Injury and Property Damage Liability Endorsement (Form F).
(c) If a company operates without the required insurance coverage, the commission may take immediate compliance action as described in WAC 480-70-161 and WAC 480-70-166.
(2) Insurance limits. The minimum limits of required public liability and property damage insurance for motor vehicles operated by companies are:
| Vehicles that: | Must have bodily injury and property damage insurance or bond with the following minimum limits: |
| Have Gross Vehicle Weight Rating (GVWR) less than 10,000 pounds | $300,000 combined single limit coverage |
| Have GVWR 10,000 pounds or more | $750,000 combined single limit coverage |
| Transport quantities of biomedical waste not subject to federal regulation | $1,000,000 combined single limit coverage |
| Transport quantities of hazardous or biomedical waste which are subject to federal regulation | The federal minimum combined single limit coverage |
(3) Insurance filings. A company must file and maintain a Uniform Motor Carrier Bodily Injury Property Damage Certificate of Insurance (Form E) as a condition of being issued and maintaining a certificate.
(a) The Form E is a standard motor carrier insurance form recognized by the insurance industry and is normally filed with the commission by an insurance company rather than an insurance agent.
(b) The Form E must be issued in the company name exactly as it appears on the company's certificate or application for certificate.
(c) The Form E filing must remain in effect until canceled by a Notice of Cancellation (Form K). The Form K must be filed with the commission by the insurance company not less than thirty days before the cancellation effective date.
(d) A company may file a Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond (Form G) instead of the Form E.
(4) Insurance binders. The commission will accept an insurance certificate or binder for up to sixty days.
(a) An insurance certificate or binder may be canceled by written notice filed with the commission at least ten days before the cancellation effective date.
(b) An insurance certificate or binder must be replaced by a Form E within sixty days of filing, or before the expiration date, whichever occurs first.
(c) Insurance certificates or binders must show:
(i) The commission as the named insurance certificate holder;
(ii) The company name, exactly as it appears on the company's certificate or application for a certificate, as the insured;
(iii) The insurance company name;
(iv) The insurance policy number;
(v) The insurance policy effective and expiration dates; and
(vi) The insurance limits of coverage.
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If a company's insurance filing is canceled, and a new filing which provides continuous coverage is not filed before the cancellation effective date, the commission may:
(1) Dismiss a company's application for a certificate;
(2) Suspend a company's certificate under the provisions of WAC 480-70-161;
(3) Cancel a company's certificate under the provisions of WAC 480-70-166.
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PART 5 -- EQUIPMENT AND DRIVERSA company must ensure that each vehicle it operates is in compliance with all appropriate state vehicle licensing laws, commission rules, and commission orders.
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For the purposes of the rules in Part 5 -- Equipment and Drivers, "commercial motor vehicle" means any self-propelled or towed motor vehicle used on a highway when the vehicle:
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of ten thousand and one pounds or more, whichever is greater; or
(2) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
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(1)
Companies must comply with all state and local laws and rules
governing vehicle and driver safety. Companies must also comply
with the parts of Title 49, Code of Federal Regulations (49 CFR)
shown in the following chart which are adopted by reference.
Information about 49 CFR regarding the version adopted and where
to obtain copies is set out in WAC 480-70-999.
| 49 CFR Part Adopted: | Portions Not Adopted: | ||
| Part 382 - | Controlled Substance and Alcohol Use and Testing | n/a | |
| Part 383 - | Commercial Driver's License Standards; Requirements and Penalties | n/a | |
| Part 390 - | Safety Regulations, General | (1) | The terms "motor vehicle," "commercial motor vehicle," and "private vehicle" are not adopted. Instead, where those terms are used in Title 49 CFR, they shall have the meanings assigned to them in WAC 480-70-041 (private vehicle) and WAC 480-70-196 (commercial motor vehicle). |
| (2) | Whenever the term "director" is used in Title 49 CFR, it shall mean the commission. | ||
| Part 391 - | Qualification of Drivers | (1) | A driver who operates exclusively within the state of Washington is not subject to the provisions of Part 391.49 (waiver of certain physical defects), if that driver has obtained from the Washington department of licensing a driver's license with endorsements and restrictions allowing operation of the motor vehicle being driven. |
| (2) | A driver who operates exclusively within the state of Washington is not subject to the provisions of Part 391.11 (b)(1) (general qualifications – age). A driver operating exclusively within the state of Washington may drive a motor vehicle if he or she is at least eighteen years of age. | ||
| Part 392 - | Driving of Motor Vehicles | n/a | |
| Part 393 - | Parts and Accessories Necessary for Safe Operation | n/a | |
| Part 395 - | Hours of Service of Drivers | n/a | |
| Part 396 - | Inspection, Repair, and Maintenance | n/a | |
| Part 397 - | Transportation of Hazardous Materials, Driving and Parking Rules | n/a | |
(a) Maintain all motor vehicles in a safe and sanitary condition;
(b) Ensure that vehicles are free of defects likely to result in an accident or breakdown; and
(c) Make vehicles available for inspection by commission representatives.
(3) The commission will place out-of-service any motor vehicle having safety defects identified in the North American Uniform Out-Of-Service Criteria. Information about the North American Uniform Out-of-Service Criteria regarding the version adopted and where to obtain copies is set out in WAC 480-70-999. A company must not operate any vehicle placed out-of-service until after proper repairs have been completed.
(4) The commission will place out-of-service any driver meeting criteria identified in the North American Uniform Out-Of-Service Criteria. A company must not allow a driver who has been placed out-of-service to operate a motor vehicle until such time as the conditions causing the driver to be placed out-of-service have been corrected.
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A company must ensure that all motor vehicles operated, including leased, substitute or emergency vehicles, display the certificate holder's name (or registered trade name) and certificate number on each side of the vehicle. All identifications must be clearly legible. All identifications, except those displayed on leased or substitute vehicles, must be permanent.
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(1) A company operating a leased vehicle must have a written lease agreement with the owner of the vehicle.
(2) It is the company's responsibility to ensure that:
(a) A copy of the lease is carried in each leased vehicle;
(b) A copy of the lease is kept in the company's files during the effective period of the lease and for at least one year after the lease expires;
(c) A copy of the lease is provided to the owner of the leased vehicle;
(d) The company has complete possession, control and use of the motor vehicle during the period of the lease;
(e) The leased motor vehicle is properly insured as specified in WAC 480-70-181;
(f) The leased vehicle is properly identified as specified in WAC 480-70-206;
(g) The vehicle is operated in compliance with all safety laws and rules, including those regarding vehicle inspection, records and maintenance; and
(h) The terms of the lease are followed.
(3) If a company leases a vehicle with a driver, the company must also ensure that:
(a) The driver of the leased motor vehicle is on the company's payroll during the lease period;
(b) The driver operates in compliance with all driver qualification, safety and hours of service laws and rules;
(c) The driver is subject to the company's alcohol and controlled substance policies; and
(d) The company maintains appropriate files and paperwork on the driver for a period of at least one year following the expiration of the lease.
(4) The company and the owner of the leased vehicle must specify in the lease who is responsible for all expenses relating to the leased motor vehicle. The lease must contain all information shown in the following sample lease form. If a company uses an alternate form, the company must ensure the alternate form contains all information requested on the sample.
Illustration of motor vehicle lease form:
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PART 6 -- COMPLIANCE(1) The commission is authorized to administer and enforce laws and rules relating to solid waste collection companies. The commission delegates authority to the commission staff to inspect equipment, drivers, records, files, accounts, books, and documents. The commission also delegates to its staff authority to arrest without warrant or to issue citations to any person found violating this chapter in the presence of its staff.
(2) The commission encourages voluntary compliance with statutes, rules, and commission orders.
(3) The commission will enforce statutes, rules, and commission orders through:
(a) A program emphasizing education and technical assistance.
(b) A compliance program including:
(i) Investigation and resolution of complaints;
(ii) Safety compliance reviews of drivers and equipment;
(iii) Economic compliance audits including, but not limited to, rates, charges, and billing practices;
(iv) Coordinated roadside enforcement; and
(v) Cooperative agreements with other agencies to enable effective enforcement and appropriate use of resources.
(4) Where necessary to ensure compliance with statutes, rules, and commission orders, the commission will pursue:
(a) Administrative actions that the commission believes will best ensure future compliance by the violating company, including, but not limited to, warnings, sanctions, or penalty assessments under the provisions of chapter 81.04 RCW;
(b) Suspension or cancellation of a company's certificate:
(i) When the commission believes education and penalties have not been, or will not be, effective to secure compliance;
(ii) For willful violations of legal requirements; or
(iii) For serious actions including, but not limited to, misrepresentation;
(c) Enforcement action against violators based on information collected by commission staff; or
(d) Proceedings in district and superior court.
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(1) Operations without a certificate.
(a) A company that operates as a solid waste collection company without a certificate from the commission is subject to citation if observed or contacted by a representative of the commission or other law enforcement agency.
(b) If the commission receives information that a solid waste collection company is operating without a certificate, and a commission representative or other law enforcement agency has not observed those operations, the commission may:
(i) Issue a citation through the court; or
(ii) Contact the solid waste collection company and provide education and technical assistance concerning applicable regulations. This includes supplying the company with a copy of the applicable laws, rules, and certificate application forms.
(c) If the solid waste collection company continues to operate without a certificate after commission education and technical assistance is offered, the commission may institute an administrative proceeding to classify the company. If, as a result of that proceeding, the commission formally classifies the company as a solid waste collection company operating without the required certificate, the commission will issue a cease and desist order pursuant to RCW 81.04.510.
(d) If a company operates in violation of a commission order, the commission may impose penalties and/or take legal action in court.
(2) Operating while certificate is suspended. A company that operates after the commission suspends the company's certificate is subject to:
(a) Misdemeanor or gross misdemeanor citations, for which the company must appear in district court;
(b) Monetary penalty assessments or other commission administrative actions; or
(c) Commission proceedings to cancel the company's certificate.
(3) Operating after certificate is canceled. A company that continues to operate after the commission cancels the company's certificate is subject to:
(a) Misdemeanor or gross misdemeanor citations, for which the company must appear in district court; and
(b) Enforcement proceedings in superior court.
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PART 7 -- TARIFFS, RATES, AND RATE FILINGS(See WAC 480-70-041 for definition of general solid waste terms.) Unless the language or context indicates that a different meaning is intended, the following words, terms and phrases have the following meanings:
"Bale" means material compressed by machine and securely tarped or banded.
"Bulky materials" means empty carriers, cartons, boxes, crates, etc., or materials offered for disposal, all of which may be readily handled without shoveling.
"Commercial billing" means solid waste collection service:
Billed to a commercial customer; or
Billed to, and paid for, by a property manager or owner rather than a residential tenant.
"Compacted material" means material which has been compressed by any mechanical device either before or after it is placed in the receptacle handled by the collector.
"Loose material" means material not set out in bags or receptacles, including materials which must be shoveled.
"Pass-through fee" means a fee collected by a solid waste collection company on behalf of a third party when the fee is billed directly to the customer without markup or markdown.
"Permanent service" means container and drop-box service provided at the customer's request for a period of more than ninety days.
"Rate" means a price per unit or per service. A rate is multiplied times the number of units transported or the number of times a service is performed to determine a charge.
"Rate design" and "rate structure" mean the relationship between rates charged for different solid waste service options offered to customers within the same class (residential, commercial or drop box). Neither of the terms includes setting specific rates for specific services.
"Residential billing" means solid waste collection service billed to and paid for by the resident.
"Solid waste receptacle." This term includes the following items, with the following meanings:
• "Automated cart" means a cart designed to be picked up and emptied by mechanical means. The specific type and size are to be defined in rate items.
• "Can" means a receptacle made of durable, corrosion-resistant, nonabsorbent material, that is watertight, and has a close-fitting cover and two handles. A can holds more than twenty gallons, but not more than thirty-two gallons or four cubic feet. The maximum weight of an empty and filled can will be established in each company's tariff.
• "Cart" means a wheeled plastic container. A cart may also be referred to as a toter. If supplied by a customer, a cart must be compatible with the collector's equipment. The size and type of cart that is compatible will be established in each company's tariff.
• "Container" means a detachable receptacle (normally designed to hold at least a cubic yard of solid waste) from which materials are collected by mechanically lifting the receptacle and emptying the contents into the company's vehicle.
• "Drop box" means a detachable receptacle used to provide solid waste collection service by the receptacle being placed on the collector's vehicle by mechanical means and transported to a disposal site.
• "Drum" means a metal or plastic container of approximately fifty-gallon capacity, generally used for oils or solvents. The maximum weight allowed in a drum will be established in each company's tariff.
• "Litter receptacle" means a container not over sixty-gallon capacity, generally placed in shopping centers and along streets or highways for litter. The maximum weight allowed in a litter receptacle will be established in each company's tariff.
• "Micro-mini can" means a can made of durable, corrosion-resistant, nonabsorbent material that is watertight and has a close-fitting cover. A micro-mini can may not hold more than ten gallons. The maximum weight allowed in a micro-mini can will be established in each company's tariff.
• "Mini can" means a can made of durable, corrosion-resistant, nonabsorbent material that is watertight and has a close-fitting cover. A mini can may not hold more than twenty gallons. The maximum weight allowed in a mini can will be established in each company's tariff.
• "Recycling bin or container" means a bin or container designed or designated for the collection of recyclables. The size and type of recycling bin or container will be established in each company's tariff.
• "Toter" means a wheeled plastic container. A toter may also be referred to as a cart. If supplied by customer, a toter must be compatible with the collector's equipment. The size and type of toter that is compatible will be established in each company's tariff.
• "Unit" means a receptacle made of durable, corrosion-resistant, nonabsorbent material, that is watertight, and has a close-fitting cover and two handles. A unit holds more than twenty gallons, but not more than thirty-two gallons or four cubic feet. The maximum weight of an empty and filled unit will be established in each company's tariff.
Where agreed on between the company and the customer, and where allowable under local ordinance, a box, carton, cardboard barrel or other suitable container may be substituted for a solid waste can, for a single pick-up that includes removal of the container, if it meets the size and weight limits established in the carrier's tariff.
• "Yardwaste bin or container" means a bin or container specifically designed or designated for the collection of yardwaste. Each carrier's tariff will refer to a specific type of yardwaste bin or container to be used by customers in a service area. The type, size, weight, etc., of this type of bin or container will often be set by local government plans or ordinances.
"Special pick-up" means a pick-up requested by the customer at a time other than the regularly scheduled pick-up time, but which does not involve the special dispatch of a truck. If a special dispatch is required, the company will assess time rates established in the company's tariff.
"Temporary service" means providing container or drop-box service at the customer's request, for a period of ninety days or less.
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(1) Solid waste tariffs no longer subject to chapter 480-149 WAC. As of the effective date of these rules, solid waste collection companies are not subject to the provisions of the commission's Tariff Circular No. 6 (chapter 480-149 WAC). They are instead subject to the requirements of this chapter.
(2) Additional regulatory requirements. Companies are also subject to additional rules regarding rate filings contained in chapter 480-09 WAC, including, but not limited to:
(a) WAC 480-09-015 - Submission of "confidential" information;
(b) WAC 480-09-101 - When communications are received;
(c) WAC 480-09-120 - Filing and service by telefacsimile; and
(d) WAC 480-09-300 through 480-09-335 - Filing requirements.
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(1) No company may provide solid waste collection service until it files, and the commission approves, a tariff.
(2) No company may assess rates and charges for solid waste collection service that are higher, lower, or different from those contained in its approved tariff.
(3) No company may accept a payment for service provided that is higher, lower, or different from the rates and charges contained in its approved tariff.
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A company must file with the commission a tariff showing all rates and charges it will charge its customers, together with rules that govern how rates and charges will be assessed. The tariff must contain, but is not limited to:
(1) A title page;
(2) A rules section;
(3) A rates section; and
(4) A map.
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(1) A company must maintain a copy of its current approved tariff in its offices.
(2) The tariff maintained in company offices must be available for inspection on request by customers.
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(1) Rates and charges must cover a complete service, including disposal, unless a separate charge for disposal is specifically named in the tariff.
(2) Rates and charges must be stated by unit and billing method. For example: Dollars and cents per can, per trip, per hour, per service, per week, per month, or other.
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The commission will reject tariffs that:
(1) Do not contain all required information, including, but not limited to, that required by WAC 480-09-300 through 480-09-335;
(2) Do not comply with format rules;
(3) Are not accompanied by required maps;
(4) Reflect retroactive rate treatment;
(5) Are not filed in accordance with the notice requirements shown in WAC 480-70-261 through 480-70-276; or
(6) Contain provisions that conflict with state statutes or commission rules.
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The commission may approve on one-day notice:
(1) Initial tariff filings that accompany applications for certificated authority;
(2) Tariff adoptions filed under the provisions of WAC 480-70-321; and
(3) Tariff filings whose only purpose is to add a new service option or a service level which has not been previously included in the company's tariff, if that service option or service level is requested by a customer.
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A company must provide at least seven calendar-days' notice to the commission on filings whose only purpose is:
(1) To implement decreases in rates or charges; or
(2) To add a new service option or service level which has not been previously included in the company's tariff.
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A company must provide notice to its customers at least once, either before or after final commission action, depending on the type of filing.
(1) Customer notice before commission action.
(a) Forty-five days' customer notice requirement. A company must provide each affected customer a notice at least forty-five days before the requested effective date when a company proposes to:
(i) Increase recurring monthly rates;
(ii) File a general rate case;
(iii) Institute a charge for a service that was formerly provided without charge; or
(iv) Restrict access to services (e.g., discontinue a service or limit access to service by imposing a new usage level on existing services).
(b) Who must receive a notice. A company must provide a customer notice to:
(i) Each customer that will be affected by the company's proposal;
(ii) County commissioners in all counties where affected customers reside;
(iii) The senior officials of affected cities (i.e., mayor or city manager) where affected customers reside; and
(iv) The commission's designee for public affairs.
(c) Content of notice. The customer notice must contain, at a minimum:
(i) The date the notice is issued;
(ii) The company's name and address;
(iii) A clear explanation of the reason(s) the company has requested the rate change (e.g., increase in labor costs, recovery of new plant investment, or increased office expenses, such as, postage, and customer billing);
(iv) A comparison of current and proposed rates that, at a minimum, must include:
(A) The minimum volume of service offered (i.e., mini can service);
(B) The five most used services, or if fewer than five services are offered in the customer class, all services (i.e., one-can, two-can, etc.);
(C) How often the rates will be billed (for example, monthly, bimonthly or quarterly);
(D) Separately stated costs for recycling service, yardwaste service, and solid waste service, if applicable;
(E) A statement that if a service is not listed in the notice, but is affected by a company's proposal to increase rates, how much the proposed increase would be, using a range of percentage of increase (i.e., five to ten percent increase) and explain how a customer can get more information, if needed, by listing a toll-free telephone number;
(v) The requested effective date and, if different, the implementation date;
(vi) A statement that the commission has authority to set final rates that may vary from the company's request, depending on the results of the commission's investigation;
(vii) A description of how and where customers may contact the company toll-free if they have questions or need additional information about the proposal; and
(viii) Public involvement language. A company may choose from (A) commission-suggested language, or (B) company-developed language.
(A) Commission-suggested language:
If you would like to comment on this proposal, it is important for you to do so now. Comments may be submitted in writing or presented at the commission's open public meeting. If you have questions, or you would like to be added to the mailing list for this case, you may contact the Washington Utilities and Transportation Commission at P.O. Box 47250, Olympia, WA 98504-7250; 1-800-562-6150; comments@wutc.wa.gov; or 360-664-3604 (telefacsimile).
(B) Company-developed language must provide:
• A brief explanation of how to participate in the commission's process by attending an open meeting, writing a letter, e-mail (comments@wutc.wa.gov) or telefacsimile; and
• How to contact the commission for information about the process or notification of the scheduled open meeting date, providing the commission's mailing address, and toll-free telephone number (1-800-562-6150).
(d) Notice methods permitted.
(i) Notice may be provided by bill insert, bill message, message printed on the back of the billing envelope, separate mailing, or by can tag.
(ii) A company may use separate customer notices for its residential customers and commercial customers as long as each affected customer receives notice.
(2) Customer notice after final commission action.
(a) Notice required. Each affected customer must receive notice on or with the first bill after the final commission decision when a company increases rates for:
(i) Nonrecurring charges (e.g., late payment fees, NSF fees, one-time charge, etc.);
(ii) Local taxes;
(iii) Disposal fee increases;
(iv) Fuel surcharges;
(v) Credits or refunds; and
(vi) Commodity credits.
(b) Who must receive notice. In addition to each affected customer, a company must provide notice to:
(i) County commissioners in all counties where affected customers reside;
(ii) The senior officials of affected cities (i.e., mayor or city manager) where affected customers reside; and
(iii) The commission's designee for public affairs.
(c) Content of the notice. At a minimum, the notice provided after final commission action must include:
(i) The effective date;
(ii) A clear description of changes to rates and services; and
(iii) A toll-free company contact number where customers may seek additional information.
(d) Methods of notice permitted. In addition to the methods permitted in subsection (1)(d) of this section, notice after commission action may be accomplished by publication in a company newsletter.
(3) Commission assistance on the customer notice. The commission's public affairs section is available to:
(a) Assist companies with customer notice questions;
(b) Review draft customer notice language; and
(c) Offer suggestions on draft customer notice language. If a company would like assistance, the company must submit the notice for review at least two working days before the planned notice printing date.
(4) Other customer notice. The commission may require additional notification to customers other than described in this rule when the commission is holding a public hearing in a contested case, or when the effect of a company's proposal may have a significant impact on:
(a) Customer rates;
(b) Access to services; or
(c) When the commission determines that additional customer education is needed.
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The commission may allow tariff filings to become effective with less notice than is shown in WAC 480-70-266 and 480-70-271 when there is an emergency or when merit is shown. This process is known as "less than statutory notice" (LSN) handling. A company filing for LSN handling may use an LSN form supplied by the commission, or a letter containing at least the following information:
(1) Company identification information:
(a) Name and registered trade name;
(b) Certificate number;
(c) Address;
(d) Telephone number, e-mail address, and telefacsimile number; and
(e) Name and telephone number of a person to contact regarding the filing;
(2) Tariff identification information:
(a) Number of the tariff being amended;
(b) Identifying number and title of the tariff item(s) being amended; and
(c) Number of the tariff page being amended;
(3) Concise description of the provisions being proposed;
(4) Reason(s) for requesting LSN handling; and
(5) Effective date requested.
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A company must file tariffs meeting the following criteria:
(1) Tariffs must be on forms available from the commission or on comparable forms approved by the commission.
(a) Tariffs submitted on forms other than those obtained
from the commission must conform to the commission-prescribed
item numbering format. For example:
| Subject the item addresses | Must be in tariff item number: |
| Definition of terms | Item 20 |
| Residential rates | Item 100 |
| Disposal site rates | Item 230 |
(2) Tariffs must be filed in loose-leaf format.
(3) Tariffs must be typed or mechanically printed (not handwritten) using at least ten-point type.
(4) Tariffs must be printed on eight and one-half inch by eleven inch paper, with margins of at least one-half inch on each side.
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Each change in rates, charges, or rules must be clearly identified by using one of the following methods:
(1) By printing the appropriate code symbol immediately to
the left of the material being changed. Approved symbols are:
| Code Symbol | used to indicate: |
| (R) | reductions in rates or charges |
| (A) | increases in rates or charges |
| (C) | changes resulting in neither increases nor decreases |
| (N) | new rates, services or rules |
| If the changes affect: | The notation must state: | The notation must be printed: |
| All rates and charges on a tariff page or on a tariff supplement page. | All rates and charges on this page are . . . . . (Company would state in the blank the nature of the changes, using one of following terms: | In the top margin of the page. |
| •Increases | ||
| •Decreases; or | ||
| •Wording changes resulting in neither increases nor decreases.) | ||
| All rates and charges in a tariff. | All rates and charges on this page are . . . . . (Company would state in the blank the nature of the changes, using one of following terms: | In the top margin of each page. |
| •Increases | ||
| •Decreases; or | ||
| • Wording changes resulting in neither increases nor decreases.) |
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The title page of every tariff must show at least the following:
(1) The certificate name of the company, its certificate number, and all trade names filed with the commission that the tariff applies to;
(2) An identifying tariff number;
(3) The number of any tariff being canceled by the tariff to which the title page applies (canceling a tariff also cancels all supplements applying to that tariff);
(4) The types of services covered by the tariff;
(5) A clear description of the territory in which the tariff applies;
(6) The date the tariff is issued and date it becomes effective;
(7) The name, title, telephone number, telefacsimile number (if any), and mailing address of the person who files the tariff; and
(8) A box that is at least three-fourths of an inch in height, spans from margin to margin and is labeled "for official use only."
Illustration of tariff title page:
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All pages in a tariff, except the title page, must include the following:
(1) A page header which includes:
(a) The identifying number of the tariff;
(b) A page number;
(c) A revision number;
(d) The name of the company filing the tariff; and
(e) Any applicable registered trade name.
(2) A page footer which includes:
(a) The name of the person filing the tariff;
(b) The date the page is issued;
(c) The date the page becomes effective; and
(d) A box that is at least three-fourths of an inch in height, spans from margin to margin and is labeled "for official use only."
Illustration of tariff page:
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A company must file a map with its tariff that clearly identifies the company's entire certificated authority area. If a company divides its authorized certificate area into tariff service territories, then the company must also file a map showing each of the tariff service territory divisions. The maps must meet the specifications in WAC 480-70-056.
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(1) Tariff rules must be stated in clear language.
(2) A rule that applies to only a specific rate or charge must be included in the same tariff item as the applicable rate or charge.
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Companies may change filed tariffs by one of two methods:
(1) Issuing revised pages to the tariff. A revised page must have the same page number as the page it cancels. For example: "1st revised page 1" cancels "Original page 1."
(2) Issuing complete new tariffs. Each of the pages in a new tariff must be identified as an original page. For example: "Original Page 1," "Original Page 2," and so on.
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(1) Companies may issue tariff supplements to reflect situations such as gas price fluctuations, city or county taxes, or county surcharges imposed under the provisions of RCW 36.58.045.
(2) Companies may not issue tariff supplements to make general rate increases.
(3) Supplements are subject to all applicable rules and procedures including transmittal letters, forty-five day notice to customers and the commission, and proper tariff format. The commission will provide sample tariff supplement forms on request.
(4) Supplements to a tariff must be numbered consecutively. If a newly filed supplement cancels a previous supplement(s), that information must be clearly shown on the new supplement. For example: "Supplement 6 cancels Supplements 4 and 5."
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(1) When a company changes the name on its certificate it must file a tariff in the new name of the company or adopt the existing filed tariff.
(2) When a company leases, transfers, or acquires a portion of the certificated authority of another company, it must file a new tariff reflecting the same rates as the prior company.
(3) When a company obtains operating control of another company, it must file a new tariff at the same rate levels as the prior company or adopt the existing filed tariff of the prior company.
(4) A company filing a tariff to comply with subsections (1), (2), and (3) of this section cannot raise rates in that filing. A separate rate increase filing must be made.
(5) To adopt existing filed tariffs, the company must file with the commission an adoption-of-tariff form, which must read as follows:
Illustration of adoption form:
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(1) Method of filing. A company may submit tariff filings to the commission in person, by mail, or by telefacsimile. If a company files by telefacsimile, a hard copy must be mailed on the same day as the telefacsimile transmission.
(2) Transmittal letter. A company must file two copies of a transmittal letter with each tariff filing submitted to the commission. The commission will stamp one copy of the letter and return it to the company as acknowledgment that the filing was received.
(a) The transmittal letter must include at least the following:
(i) The name, certificate number, and trade names of the company;
(ii) A description of each proposed change and a brief statement of the reason for each change;
(iii) The dollar and percentage amounts that revenue will change if the filing is approved by the commission;
(iv) The percentage amount that rates will change if approved by the commission;
(v) A contact person's name, mailing address, telephone number, telefacsimile number (if any), and e-mail address (if any); and
(vi) A statement that the company mailed a copy of the transmittal letter to the chair of the county commission of each county affected by the filing.
(b) The transmittal letter accompanying a filing that increases rates or charges must also include the date customer notice was mailed or delivered to all affected customers.
(3) Additional documents required.
(a) Filing due to governmental, or other entity, action. If the tariff filing results from action of another entity or governmental body, the company must file documentation of that action. For example: Ordinances, resolutions, and disposal site fee increase or decrease notices.
(b) Tariff filed by agent. If the tariff filing is made by a person other than an owner, partner, or corporate officer, the company must include with its tariff filing a statement granting authority for that person to file on behalf of the company. The statement must be signed by an owner, partner, or corporate officer, and may be incorporated into the transmittal letter accompanying the filing.
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Receipt by the commission of a tariff filing does not mean that the provisions of the filing are approved. Companies may not implement provisions contained in tariff filings until the commission approves the filing or until the provisions become effective by operation of law.
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(1) A company wishing to provide service at free and reduced rates under the provisions of RCW 81.28.080, must first publish those rates in its filed tariff.
(2) A company may publish free and reduced rates for collection services provided:
(a) To the United States, state, county, and municipal governments or municipal corporations;
(b) For charitable purposes; or
(c) To specific customer classes, as approved by the commission.
(3) If a company chooses to provide service at free or reduced rates, the company must publish in its tariff:
(a) The name of the customer or a detailed description of a customer class;
(b) The service provided; and
(c) The applicable rate(s), amount of reduction (such as, twenty percent), or if free, "$0.00" or "no charge."
(4) The company's owners or stockholders are responsible for the revenue not collected by providing service at free or reduced rates. Ratepayers will not subsidize the revenue a company donates by providing service at free and reduced rates.
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(1) A company must charge its customers the disposal fees contained in the company's lawfully filed tariffs applicable to the disposal site actually used for disposal, and not that of any other site.
(2) A company must not charge its drop-box customers disposal fees that exceed the actual cost to the company.
(3) A company must track fees charged at any disposal sites used and to change its filed tariff as necessary to accurately reflect those fees.
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A company filing a rate change based on changes in general operating expenses must update the test period fuel costs using actual fuel costs for the most recent twelve-month period.
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(1) Programs to encourage recycling. The commission encourages solid waste collection companies to develop programs intended to increase recycling. The commission will, among other things, consider whether a proposed program:
(a) Provides an incentive to the party who controls the actions or behaviors that the program intends to change;
(b) Defines measurable outcomes reasonably attributable to the proposed program; and
(c) May have any unintended results or consequences.
(2) Recycling credits. Companies that estimate the revenue from the sale of recycling materials collected in residential curbside programs as part of a deferred accounting program to return recycling revenues to customers must use the most recent twelve-month historical period to estimate the revenue for the next twelve months.
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(1) The commission may, on receiving a complaint or protest, or on its own motion, suspend tariff rates, tariff charges, or tariff rules as provided in RCW 81.04.130.
(2) The commission will not take action to suspend a tariff, or any part of a tariff, based on a complaint or protest unless the complaint or protest is filed in compliance with the commission's rules of practice and procedure as set out in chapter 480-09 WAC.
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PART 8 -- CONSUMER RULES(1) Company information. A company that provides traditional solid waste service must maintain a business office and must, at least once a year, notify its customers of its:
(a) Regular business hours. Regular business hours must include at least four hours each day between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays;
(b) Toll-free business telephone number; and
(c) Mailing address.
(2) Messaging. A company must have voice mail, an answering machine, or answering service to receive calls when company personnel are unavailable.
(3) Responding to customer inquiries.
(a) A company must respond to urgent messages within twenty-four hours and to all others within forty-eight hours, excluding weekends and holidays.
(b) A company must acknowledge and respond to a customer's written inquiry within two weeks of receipt.
(4) Notice of change in address or phone number. A company must advise current customers of any change in its address or telephone number at least ten days before the effective date.
(5) Notice of change in pick-up date. When a company changes the pick-up date for its certificate area, or a portion of its certificate area, the company must notify all customers in the affected area of that change. Notice many be made via mail, personal contact, or by a notice being affixed to the customers' solid waste can at least seven days before implementation of the new pick-up schedule.
(6) Consumer brochure. A company must provide a copy of the commission's consumer brochure to each new applicant for service, and must once a year notify its current customers of the availability of the brochure and how to obtain a copy. A company may copy the commission's brochure and may add appropriate company-specific information.
(7) Program information.
(a) A company must provide to each new applicant for service, and at least once a year to its current customers, a list, brochure, newsletter or similar document that describes:
(i) All service options and service levels available to the customer; and
(ii) Methods and programs available to recycle and reduce solid waste.
(iii) This material must include reference to available local commercial recycling options. The material provided to customers may consist of materials approved or supplied by local government solid waste divisions or solid waste coordinators.
(b) A company must ensure that its current customers receive the program information described in (a)(i),(ii), and (iii) of this subsection at least once a year. The company will be required to publish and distribute the materials unless local government solid waste divisions or solid waste coordinators provide the materials as part of the local government's solid waste and recycling education activities.
(8) Information that must be available for review in company office. A company must make the following items available to customers for review at all times the company's business office is open. The company must notify its customers, either in the consumer brochure, a newsletter, or similar document that the items are available for customer review and state the location at which they are available for that review.
(a) The commission's solid waste rules, chapter 480-70 WAC;
(b) The company's current rates and regulations (tariff);
(c) The company's current certificate;
(d) The commission's consumer brochure; and
(e) A map of the company's service territory.
[]
(1) A company must not refuse service to an applicant or cancel service to a customer when there are unpaid bills from a prior customer at the same premises unless the company has objective evidence that the applicant is acting on behalf of the prior customer with the intent to avoid payment.
(2) A company may refuse service to an applicant or cancel service to a customer when:
(a) The customer has not complied with state, county, or municipal regulations concerning the service.
(b) In the company's judgment, providing the service would be hazardous, unsafe or dangerous to persons or property.
(c) In the company's judgment, driveways or roads are improperly constructed or maintained, do not have adequate turn arounds, or have other unsafe conditions.
(d) The customer has an overdue bill from the company for the same class of service at the same or a different location, and satisfactory arrangements for payment of the overdue unpaid bill have not been made. For purposes of this rule, class of service means residential service or commercial service.
(e) The customer requests service at a location where there currently resides a former customer who has an overdue bill from the company for the same class of service at the same location, and satisfactory arrangements for payment of the overdue bill have not been made.
(f) The customer has obtained or retained service from the company by dishonest or fraudulent means, for the purpose of avoiding debts, including, but not limited to:
(i) False statement of credit references or employment;
(ii) False statement of present or prior premises address;
(iii) Use of an alias or false name; or
(iv) Rotation of service among roommates or persons living together.
[]
A company may require that its customers give advance notice to cancel service, but may not require more than three business days' notice. A company may continue to bill for service at approved tariff rates until the company receives notice or until the company realizes that the customer has vacated the property.
[]
(1) Reasons. If a company has properly notified a customer as provided in subsection (2) of this section, the company may cancel a customer's service when:
(a) The customer:
(i) Has a delinquent bill (as defined in WAC 480-70-396);
(ii) Fails to keep any agreed-upon payment arrangement;
(iii) Abandons the premises;
(iv) Violates rules, service agreements or approved tariffs; or
(v) Fails to comply with state, county, or municipal regulations concerning the service;
(b) The company:
(i) Believes it would be hazardous, unsafe or dangerous to persons or property to provide service;
(ii) Believes that driveways or roads are improperly constructed or maintained, do not have adequate turn arounds, or have other unsafe conditions; or
(iii) Has evidence that the customer, for the purpose of avoiding debts, obtained service by dishonest or fraudulent means.
(2) Notice required. A company is not required to notify a customer before cancellation if the cancellation is due to danger to life or property, dishonest or fraudulent use, or violation of a law requiring immediate cancellation. In all other instances, a company shall not cancel service until it meets the following notice requirements.
(a) Before a company cancels service it must provide two
cancellation notices to the customer. The notices must meet the
criteria shown in the following table:
| The first notice: | The second notice: | ||||
| 1. | Must be mailed to the billing address. | 1. | Must be made at least twenty-four hours before the cancellation date and time specified in the first required notice. | ||
| 2. | Must contain at least the following: | 2. | Must allow the customer until 5:00 p.m. of the following business day to comply. | ||
| • • • • |
A cancellation date and time. The date
and time must be not less than eight
business days after the date the notice is
mailed if mailed in the state of
Washington. The date and time must be
not less than 11 business days if mailed
from outside the state of Washington. All pertinent information about the reason for the cancellation. All pertinent information about how to correct the reason for cancellation. The company's name, address and toll-free telephone number by which to contact the company to discuss the pending cancellation. |
3. | Must be made by one of the following: By telephone. A company must call the customer. If the company representative is unable to speak with the customer on the first attempt, at least one additional attempt must be made. If a customer has provided the company with a business or message telephone number, the second attempt may be made to that number. By personal delivery. A company providing notice by personal delivery must make at least one attempt to contact the customer. The company may personally deliver notice by placing a written notice or tag on the customer's solid waste can, container or drop box. |
||
| 3. | The company must maintain a written record of all cancellation notices issued. | 4. | Must contain at least the following: | ||
| • • • |
All pertinent information about the reason for the
cancellation. All pertinent information about how to correct the reason for cancellation. The company's name, address and toll-free telephone number to contact the company to discuss the pending cancellation. |
||||
| 5. | The company must maintain a record of attempts made to contact the customer. The record must show: | ||||
| ••• | The telephone number called; The date and time the call was made; and The result of the call. For example: Left a message, no answer, line busy, etc. |
||||
(a) No mutually agreed-upon arrangements. Cancellation notices expire ten business days after the first day that the company may discontinue service. If the company does not cancel service within ten business days, the notice process must start over.
(b) Mutually agreed-upon arrangements made. Cancellation notices do not expire if mutually agreed-upon arrangements have been made and confirmed in writing by the company. A company may cancel service without further notice if the customer fails to keep the agreed-upon arrangements.
(4) No cancellation while customer is pursuing a dispute. If the customer pays all undisputed amounts when due, and corrects any conditions posing a danger to health, safety or property, a company must not cancel service while:
(a) The customer is pursuing any remedy or appeal provided by these rules;
(b) The customer is attempting to resolve a complaint with the company's representatives; or
(c) The customer is attempting to resolve a complaint with the commission's consumer affairs section staff.
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A company must reinstate service on the next scheduled pick-up date when:
(1) The responsible party corrects the causes of cancellation;
(2) The customer pays all proper charges due or makes satisfactory payment arrangements; or
(3) The commission or its staff directs reinstatement pending resolution of a dispute.
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(1) Company responsibility.
(a) Complaints from customer. When a company receives a complaint from a customer or an applicant for service, it must:
(i) Acknowledge the complaint;
(ii) Investigate promptly;
(iii) Report the results of the investigation to the complainant;
(iv) Take corrective action, if warranted, as soon as appropriate under the circumstances;
(v) Inform the complainant that the decision may be appealed to a higher level representative of the company, if any;
(vi) Inform the complainant, if still dissatisfied after speaking with the higher level representative, of the commission's availability for review of the complaint; and
(vii) Provide the complainant with the commission's address and toll-free telephone number.
(b) Complaint referred by commission. When commission consumer affairs staff refer an informal complaint to the company, the company must:
(i) Investigate and report the results to the commission consumer affairs staff within two business days (the commission consumer affairs staff may grant an extension of time for responding to the complaint);
(ii) Keep the commission consumer affairs staff informed of progress toward the solution; and
(iii) Inform the commission consumer affairs staff of the final result.
(c) Complaint record. A company must keep a record of all complaints concerning service or rates for at least one year. The record of complaints and rates must be made readily available for commission review. The record must contain:
(i) The complainant's name and address;
(ii) Date and nature of the complaint;
(iii) Action taken; and
(iv) Final result.
(2) Complaints to commission. Applicants, customers, or their representatives may file with the commission either:
(a) An informal complaint against the company under the provisions of WAC 480-09-150; or
(b) A formal complaint against the company under the provisions of WAC 480-09-500.
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Companies may offer customers a credit on the customers' bills for:
(1) A missed collection, regardless of the reason the collection was missed; or
(2) As compensation for service quality problems, billing problems, or other problems experienced by the customer.
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(1) Billing period. A company may bill its customers for one, two, or three months of service.
(2) Advance billing and payment delinquency dates. The
following chart defines the maximum period allowed for advance
billing and the date when a bill may be considered delinquent:
| Billing period | Maximum
advance billing period allowed |
Delinquency date |
| One month's service (monthly) | No advance billing allowed | May not be less than twenty-one days after the date the bill is mailed |
| Two months' service | One month advanced billing allowed | May not be until the first day after the end of the billing period |
| Three months' service | Two months' advance billing allowed | May not be until the first day after the end of the billing period |
(3) Bills issued to customers must clearly show the company's name and applicable registered trade name, business address, and toll-free telephone number where a customer may contact the company. Bills must also show:
(a) Account information, including:
(i) The customer's name, service address, and billing address;
(ii) Company customer identification number, if any;
(iii) The billing period;
(iv) The date the bill was mailed;
(v) The date payment is due; and
(vi) The date the bill becomes delinquent;
(b) Rate information, including:
(i) The percentage amount or minimum charge for late payments (may not exceed one percent of the unpaid balance or one dollar, whichever is greater);
(ii) All rates or charges billed to the customer, shown as separate line items on the bill (for example: Service and size of container; yardwaste service and size of container; recycling service and recycling commodity adjustment);
(iii) Other tariffed services (for example: Drive-in charges, carry-out charges, and occasional extras); and
(iv) The percentage rate and dollar amount of any government tax or fee imposed on the company and passed on directly to customers;
(c) Other information as may be directed by the commission.
(4) If a customer initiates or terminates solid waste service within a month, monthly rates and charges must be prorated based on the number of pick-ups actually provided.
(5) The commission may allow consolidated billing for regulated and nonregulated activities.
(a) A consolidated billing must:
(i) Disclose nonregulated activity as a separate line item; and
(ii) Include a telephone number where the customer may contact the company providing the nonregulated activity.
(b) If a customer makes partial payment, a company must apply the payment to the regulated solid waste charges first.
(c) A company may not discontinue solid waste service if the customer does not pay for nonregulated services, but has paid in full for regulated solid waste service.
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A company may accept payment by cash, money order, personal check, certified check, debit card, or credit card.
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(1) When there has been a transaction which results in a credit being due the customer, the following apply:
(a) If the amount due is five dollars or less, an adjustment must be shown on the next regular bill.
(b) If the amount due is more than five dollars, the customer may accept an adjustment to the account or request a refund. If the customer elects to have an adjustment made, it must show on the next regular billing. If the customer chooses to receive a refund, the company must issue a check within thirty days of the request.
(2) Overcharges. Once a company becomes aware that it has overcharged a customer, it must provide a refund or bill adjustment credit to the customer. The customer must be given a choice as to which option is preferred. The refund or credit must be the amount overcharged in the three years before the date of discovery.
(3) Prepayments. If a customer has paid service fees in advance, service is discontinued during the prebilled period, and the customer is due a refund, the following apply:
(a) A company must honor all requests for refunds of the unused portion of prepayments.
(b) If the customer provides a forwarding address to the company or one can be obtained from the Post Office, the company must issue a refund check no more than thirty days following the customer's request.
(c) If the customer cannot be located or did not provide a forwarding address and the U.S. Post Office cannot furnish a forwarding address, the amount may be presumed to be abandoned and is subject to the Uniform Unclaimed Property Act after one year.
[]
Deposits guarantee payment for the final billing period plus one month. Prepayments made to secure temporary drop-box service are not subject to the provisions of this rule. Refer to WAC 480-70-416 for provisions related to prepayments.
(1) Establishing credit - residential service. A company must not collect a security deposit if an applicant for residential service can establish satisfactory credit by any one of the following:
(a) The applicant had prior service with the company or another solid waste collection company for at least six of the twelve months before the application date and:
• Service was not canceled for nonpayment;
• The customer received no more than one delinquency notice; and
• References with the other company may be quickly and easily checked. A company may request that the references from the previous company be in writing.
(b) The applicant had consecutive employment during the prior twelve months with no more than two employers and is currently employed or has a regular source of income.
(c) The applicant owns or has a legal interest in the premises being served.
(d) The applicant can furnish a satisfactory guarantor who will be responsible for payment of solid waste bills in the event of cancellation or default by the customer, in a specified amount, not to exceed the amount of the required cash deposit required.
(e) The applicant personally produces at the company's business office, two major credit cards or other credit references that the company may quickly and easily check, that demonstrate a satisfactory payment history.
(2) Establishing credit - commercial service. An applicant for commercial service may be required to demonstrate that it is a satisfactory credit risk by reasonable means appropriate under the circumstances.
(3) Deposit requirements. A company may require a deposit when:
• The applicant has failed to establish a satisfactory credit history as outlined in subsections (1) and (2) of this section;
• The applicant's service from another solid waste company was canceled for failure to pay amounts owing when due during the twelve months before the application date;
• The applicant has an unpaid, overdue balance owing for similar service from the solid waste company to which application is being made or from any other solid waste company;
• Two or more delinquency notices have been served on the applicant by any solid waste company during the prior twelve months; and
• The application is to begin or continue service to a residence where a prior customer still lives and owes a past due bill to the solid waste company.
(4) Amount of deposit. Deposits required for a customer or
location must not exceed:
| Company billing period: | Maximum deposit amount allowed: |
| Monthly | Two-twelfths of the estimated annual billing |
| Bimonthly | Three-twelfths of the estimated annual billing |
| Trimonthly (quarterly) | Four-twelfths of the estimated annual billing. |
(6) Interest on deposits. Interest on deposits collected from applicants or customers must:
(a) Accrue at the rate calculated as a simple average of the effective interest rate for new issues of one-year treasury bills, computed from December 1 of each year, continuing through November 30 of the following year. The commission will annually mail a notice to solid waste collection companies advising them of the specific rate.
(b) Earn the calculated interest rate during January 1 through December 31 of the subsequent year.
(c) Be computed from the time of deposit and compounded annually.
(7) Extended payment arrangement of deposits. When an applicant or customer is required to pay a deposit but is unable to pay the entire deposit in advance of starting or continuing service, the company must allow the applicant or customer to pay on the following schedule:
• Fifty percent of the deposit must be paid before service;
• Twenty-five percent must be paid in each of the next two months.
(8) Receipt for deposit. A company must furnish a receipt to each applicant or customer for the amount deposited.
(9) Refund of deposits required. A company must refund deposits plus accrued interest when there has been satisfactory payment as defined in (a) of this subsection, or service is terminated.
(a) "Satisfactory payment" means a customer has paid for service for twelve consecutive months in a prompt and satisfactory manner as evidenced by the following:
• The company has not started a cancellation process against the customer; and
• The company has issued no more than two notices of delinquency to the customer.
(b) Termination of service. When service is canceled, the company must return to the customer the amount then on deposit plus accrued interest, less any amounts due to the company.
(10) Refund of deposits, manner. A company must refund any deposit, plus accrued interest, in the manner chosen by the customer at the time of deposit, or as modified on a later date. The customer must choose one of the following methods:
(a) A check issued and mailed to the customer no later than fifteen days following completion of twelve months of satisfactory payment, as described above; or
(b) A credit applied to the customer's account for service beginning in the thirteenth month.
(11) Additional deposit. Nothing in this rule prevents the requiring of a larger deposit or a new deposit when conditions warrant. A company requiring a new or larger deposit must specify the reasons in writing to the customer. Any requirement for a new or larger deposit must comply with the standards in this rule.
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A company may require its temporary commercial service customers to prepay either:
(1) An amount not exceeding the estimated total due for delivery of the drop box, plus rent for the first month, plus pick-up charges and disposal fees for one month; or
(2) Fifty percent of the estimated total that will apply over the length of the service agreement.
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(1) Customer information includes the customer's name, address, telephone number, service level, credit and deposit information, and billing history.
(2) Companies must use customer information only for:
(a) Providing and billing for services the customer requests;
(b) Marketing new services or options to its customers; or
(c) Providing information to its customers.
(3) Any sale or release of customer information without the written permission of the customer is prohibited. The only exceptions to this rule are:
(a) Release of information to the commission to investigate or resolve complaints filed with the commission by a customer;
(b) Sharing nonpayment information with agencies the company engages to act as the company's agent in pursuing collection of past due accounts; and
(c) Release of information of a former customer for purposes of WAC 480-70-411 (1)(a).
(4) Companies are allowed to collect and release customer information in aggregate form if the aggregated information does not allow any specific customer to be identified.
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PART 9 -- BIOMEDICAL WASTE RULESIt is a matter of statewide concern that biomedical waste be handled in a manner that protects the health, safety, and welfare of the public, the environment, and the workers who handle the waste.
[]
(1) Companies transporting either hazardous waste or biomedical waste must comply with all federal, state and local laws and rules governing such transportation. Companies must also comply with Parts 170 through 189 of Title 49, Code of Federal Regulations (49 CFR) which are adopted by reference. Information about 49 CFR regarding the version adopted and where to obtain copies is set out in WAC 480-70-999.
(2) Any company transporting waste, which meets either federal or state criteria as hazardous waste or biomedical waste, must handle and transport that waste according to the appropriate requirements of the federal hazardous materials regulations and the additional requirements in these rules.
[]
(1) A company collecting, transporting and disposing of biomedical waste as defined in WAC 480-70-041 must prepare and maintain a biomedical waste operating plan.
(2) A company must keep the biomedical waste operating plan:
(a) On file in the company's main office; and
(b) A copy must be carried in each motor vehicle used in transportation of biomedical waste.
(3) The biomedical waste operating plan must include provisions ensuring that:
(a) Biomedical waste is kept separate from any other solid waste until treatment or disposal;
(b) Only authorized and properly trained persons collect, transport, and dispose of biomedical waste;
(c) Unauthorized persons are prevented from having access to, or contact with, biomedical waste;
(d) Any motor vehicle used to collect, transport or dispose of biomedical waste is properly decontaminated;
(e) Employees are provided and required to use clean gloves and uniforms, and any other necessary protective clothing when collecting, transporting, and disposing of biomedical waste; and
(f) Appropriate methods are available to decontaminate any person exposed to biomedical waste during collection, transportation, and disposal.
(4) The biomedical waste operating plan must also include alternative storage, treatment and disposal sites in case of an accident or unavailability of the primary storage, treatment, or disposal site.
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(1) Any person involved in collection, transportation, and disposal of biomedical waste must be adequately trained. A company involved in collection, transportation, and disposal of biomedical waste must:
(a) Develop, publish and maintain an employee training plan;
(b) Ensure that company employees are properly trained; and
(c) Certify that company employees are properly trained.
(2) The employee training plan must be kept on file in the company's main office, available for inspection by the commission, its authorized representatives, and customers.
(3) The employee training plan must include the following training elements:
(a) Safe operation of motor vehicles and motor vehicle equipment inspection procedures;
(b) Safe collection, transport and disposal of biomedical waste;
(c) Information on health risks associated with the collection, transport and disposal of biomedical waste;
(d) Emergency procedures for spills of biomedical waste, rupture of containers, and equipment failure;
(e) Notification procedures following a biomedical waste spill or repackaging of biomedical waste;
(f) Packaging and labeling requirements;
(g) Personal hygiene practices;
(h) Use of protective clothing and equipment;
(i) Contamination control procedures for vehicles and equipment; and
(j) Shipping-paper requirements.
(4) A company must maintain a file of certificates on each
person trained. The form for the certificate of employee
training is:
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The commission may enter into cooperative agreements with other state or local agencies, such as the department of labor and industries or the department of health, to review biomedical waste operating or training plans for compliance.
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(1) Biomedical waste, except for sharps waste (refer to subsection (2) of this section), must be contained in bags or lined containers that are impervious to moisture and that will not rip, tear, leak, or burst under normal conditions of transportation. If bags are used, they must be properly secured to prevent leakage during handling and transportation.
(2) Containers used for sharps waste (refer to WAC 480-70-041) must:
(a) Be impervious to moisture;
(b) Not rip, tear, leak, or burst under normal conditions of transportation;
(c) Be rigid and puncture-resistant; and
(d) Be labeled with the word "biomedical."
(3) A company transporting biomedical waste contained in bags or disposable containers must place the bags or disposable containers inside tightly covered pails, cartons, drums, or portable bins. The containment system, which may be any color, must be:
(a) Leak-resistant;
(b) In good repair; and
(c) Labeled with the word "biomedical."
(4) Reusable containers for biomedical waste must be thoroughly washed and decontaminated each time they are emptied.
(5) Packaging and containers marked or labeled as containing biomedical waste may not be used to ship or transport waste that does not meet the definition of biomedical waste.
[]
A company must transport biomedical waste to a facility that meets all local, state, and federal environmental regulations for treatment, storage, and disposal.
[]
A company must not compact biomedical waste or any material in a container labeled as containing biomedical waste.
[]
(1) A company that transports biomedical waste must ensure that all motor vehicles used to transport biomedical waste are equipped with cargo compartments that:
(a) Can be secured to limit access at all times, except by company personnel during loading and unloading;
(b) Are fully enclosed;
(c) Are leak-proof;
(d) Are made of nonporous material impervious to biomedical waste; and
(e) Are physically separated from the driver's compartment.
(2) A company may substitute a motor vehicle with a detachable cargo box that meets all the requirements of subsection (1) of this section.
[]
(1) A company collecting or transporting biomedical waste must issue a shipping paper for each shipment transported. The shipping paper must comply with the requirements of 49 CFR Part 172. The shipping paper must contain at least the following information:
(a) Name and address of the generator of the biomedical waste;
(b) Name of the person representing the generator from whom delivery is accepted;
(c) Name of the company transporting the biomedical waste;
(d) Date and time of collection;
(e) Destination, naming final treatment, storage and disposal destination;
(f) The general type and quantity of biomedical waste collected by the company;
(g) A signature by a representative of the generator of biomedical waste, acknowledging delivery and compliance with all applicable federal, state and local rules regarding packaging and containment; and
(h) A signature by a representative of the company transporting the biomedical waste, acknowledging receipt.
(2) A legible copy of the shipping paper must accompany the shipment. At the destination, the shipping paper shall be signed by a representative of the facility accepting the biomedical waste for treatment, storage or disposal, acknowledging acceptance.
(3) A copy of the shipping paper of each shipment must be kept on file by the company at its main office for three years. The shipping paper must be available for inspection by the commission or its authorized representatives.
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(1) Any shipment of waste meeting the criteria for biomedical waste is subject to inspection by commission staff and by those state, county, and local government personnel charged with the enforcement of laws and ordinances relating to the transport of biomedical waste.
(2) All companies that transport biomedical waste must give authorized persons, as defined in subsection (1) of this section, a reasonable opportunity to inspect containers and motor vehicles, to review shipping papers, and to inspect other places incidental to the transportation of biomedical waste.
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PART 10 -- HAZARDOUS WASTE RULESIt is a matter of statewide concern that hazardous waste be handled in a manner that protects the health, safety, and welfare of the public, the environment, and the workers who handle the waste.
[]
(1) Companies transporting hazardous waste must comply with all federal, state and local laws and rules governing such transportation. Companies must also comply with Parts 170 through 189 of Title 49, Code of Federal Regulations (49 CFR) which are adopted by reference. Information about 49 CFR regarding the version adopted and where to obtain copies is set out in WAC 480-70-999.
(2) Any company transporting waste which meets either federal or state criteria as hazardous waste must handle and transport that waste according to the appropriate requirements of the federal hazardous materials regulations and the additional requirements in these rules.
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PART 11 -- ADOPTION BY REFERENCEIn this chapter, the commission adopts by reference all, or portions of, regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:
(1) The North American Uniform Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April 1, 2000.
(b) This publication is referenced in WAC 480-70-201.
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.
(2) Title 40 Code of Federal Regulations, cited as 40 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on July 1, 2000.
(b) This publication is referenced in WAC 480-70-486.
(c) Copies of Title 40 Code of Federal Regulations are available from the Government Printing Office and from various third-party vendors.
(3) Title 49 Code of Federal Regulations, cited as 49 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on October 1, 2000.
(b) This publication is referenced in WAC 480-70-201, 480-70-431 and 480-70-486.
(c) Copies of Title 49 Code of Federal Regulations are available from the Government Printing Office and from various third-party vendors.
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The following sections of the Washington Administrative Code are repealed:
| WAC 480-70-010 | Communications. |
| WAC 480-70-020 | Documents -- When filed. |
| WAC 480-70-030 | Remittances. |
| WAC 480-70-040 | Change of address. |
| WAC 480-70-050 | Definitions. |
| WAC 480-70-055 | Adoption by reference defined. |
| WAC 480-70-060 | Licenses. |
| WAC 480-70-070 | Certificates, no operation without. |
| WAC 480-70-080 | Operation under trade name. |
| WAC 480-70-090 | Certificates, must be filed main office. |
| WAC 480-70-100 | Certificates, secured by false affidavit. |
| WAC 480-70-110 | Certificate, sale, etc. |
| WAC 480-70-120 | Certificates, application for. |
| WAC 480-70-130 | Temporary certificates, application for. |
| WAC 480-70-140 | Certificates, description, hearing for clarification. |
| WAC 480-70-150 | Certificates, applications -- Notice to existing carriers. |
| WAC 480-70-155 | Contemporaneous applications. |
| WAC 480-70-160 | Certificates, qualifications for. |
| WAC 480-70-170 | Certificate, must abide by. |
| WAC 480-70-180 | Certificate, sale, etc. |
| WAC 480-70-190 | Miscellaneous fees. |
| WAC 480-70-200 | Certificates, duplicates. |
| WAC 480-70-210 | Certificates, reinstatement. |
| WAC 480-70-220 | Application fees forfeited-denied application, no renewal for six months. |
| WAC 480-70-230 | Dual operation. |
| WAC 480-70-240 | Tariff, naming rates and charges. |
| WAC 480-70-245 | Agreements to operate certificates. |
| WAC 480-70-250 | Insurance. |
| WAC 480-70-260 | Insurance endorsement. |
| WAC 480-70-270 | Insurance termination. |
| WAC 480-70-280 | Surety bond. |
| WAC 480-70-290 | Equipment of motor vehicles. |
| WAC 480-70-300 | Motor vehicles, identification. |
| WAC 480-70-310 | Motor vehicles, safety, sanitary, inspection. |
| WAC 480-70-320 | Motor vehicles, safe operation. |
| WAC 480-70-325 | Equipment -- Inspection -- Ordered for repairs. |
| WAC 480-70-330 | Drivers, hours of work. |
| WAC 480-70-335 | Out-of-service criteria. |
| WAC 480-70-340 | Annual fee. |
| WAC 480-70-350 | Accounts -- Uniform system adopted -- Reports. |
| WAC 480-70-360 | Contracts. |
| WAC 480-70-370 | Disabled motor vehicles -- Substitution. |
| WAC 480-70-380 | Equipment -- Order for repairs. |
| WAC 480-70-390 | Discontinuance of service, commission approval required. |
| WAC 480-70-400 | Driver qualifications, hazardous materials transportation, and equipment safety. |
| WAC 480-70-405 | Accident reporting. |
| WAC 480-70-410 | General application of rules. |
| WAC 480-70-420 | Penalty assessments. |
| WAC 480-70-430 | Rules, waiver. |
| WAC 480-70-440 | Solid waste collection companies statute applicable. |
| WAC 480-70-500 | Operational requirements. |
| WAC 480-70-510 | Training requirements. |
| WAC 480-70-530 | Packaging and containment. |
| WAC 480-70-540 | Transfer of biohazardous or biomedical waste to off-site treatment and disposal facilities. |
| WAC 480-70-550 | Shipping paper requirements. |
| WAC 480-70-560 | Insurance requirements. |
| WAC 480-70-570 | Reporting of accidents. |
| WAC 480-70-700 | Availability of information. |
| WAC 480-70-710 | Discontinuance of service. |
| WAC 480-70-720 | Reinstatement of service following discontinuance. |
| WAC 480-70-730 | Refusal of service. |
| WAC 480-70-740 | Refusal or discontinuance of service to premises because of former occupant's unpaid account. |
| WAC 480-70-750 | Deposits. |
| WAC 480-70-760 | Refunds -- Other than deposits. |
| WAC 480-70-770 | Form of bills. |
| WAC 480-70-780 | Pass through disposal fees. |
| WAC 480-70-790 | Complaints and disputes. |