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UTC opens special proceeding against Glacier Recycle, LLC; Hungry Buzzard Recovery, LLC; and T&T Recovery, Inc.

On February 18, 2011, the Commission issued Order 09 - Supplemental Order Closing Docket, in this matter.

On January 12, 2011, the Commission issued a Notice of Status Conference and Intent to Consider Reopening Docket, setting a status conference for February 8, 2011, at 1:30 p.m. at the Commission's headquarters.

On July 9, 2010, the Commission entered Order 08 - Final Order Approving and Adopting Multiparty Settlement Agreement; Subject to Condition, in this matter.

On January 27, 2010, the commission held a Status Conference before Judge Torem. On February 3, 2010, Order 07 - Scheduling Order; Notice of Hearings was entered in this matter. In an effort to resolve the remaining issues in this docket without further delay, the following procedural schedule was adopted in Order 07:

Friday, March 19, 2010Settling Parties File Proposed Settlement & Supporting Narrative
Monday, March 29, 2010Parties Opposing Settlement File Comments
Wed., April 14, 2010Hearing on Proposed Settlement

If the commission does not adopt and approve a proposed settlement, the parties will prepare for a hearing on the merits on the following schedule:

Friday, June 4, 2010Parties Pre-file Witness Testimony and Supporting Exhibits
Monday, June 14, 2010Parties Pre-file Cross-Examination Exhibits
Monday, June 21, 2010
thru Wed., June 23, 2010
Evidentiary Hearing on Remaining Issues

Procedural History:
The commission has entered an order instituting a special proceeding on its own motion to determine whether Glacier Recycle, LLC, Hungry Buzzard Recovery, LLC, and T&T Recovery, Inc., are operating as solid waste collection companies, hauling solid waste for compensation without the necessary certificate required for such operations by RCW 81.77.040.

On June 13, 2008, the commission entered its Order on Motions for Summary Determination, ruling that the respondent companies' transportation of construction, demolition, and land clearing waste for deposit into a landfill constituted the hauling of solid waste for disposal, not recycling. The remaining issues in this docket were (a) whether respondent companies were primarily engaged in business other than transporting solid waste, (b) the frequency of their transportation of solid waste, and (c) how they held themselves out to the public.

The commission suspended the procedural schedule in this docket on advice that settlement negotiations were nearing competition and the implication that these discussions would resolve the above-noted outstanding issues in this proceeding. The parties did not reach an accord and instead requested that these proceedings be held in abeyance in the hope that the commission's then six-month old rulemaking proceeding in Docket TG-080591 might influence the ultimate outcome of this case. The commission permitted this docket to enter a dormant period requiring the parties to file status reports.

On September 4, 2009, Commission Staff filed the latest joint status report, noting no change in its position. The commission directs the parties, by notice dated September 10, 2009, that they must file a final joint status report (or, in the alternative, individual reports from each party) regarding the resolution of the remaining issues presented in this docket via the commission's solid waste rulemaking proceeding in Docket TG-080591 or other means (e.g., a settlement agreement). If no resolution can be identified through these means, the status reports must contain a recommended procedural schedule for bringing this matter to hearing. The status report(s) must be filed no later than Thursday, December 24, 2009, at 3:00 p.m.

(Docket 072226, see "Documents" link below for more information.)

Posted/updated: 02/18/2011
Document list:
072226   Documents   Schedule   Orders   All


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