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.
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 ALJ requires that the parties file a status report in or before late December 2009 and submit therein a proposed procedural schedule for a hearing to resolve this matter within the first few months of 2010 or indicate a date certain for resolution of the outstanding issue by means other than concluding this litigation. (Docket 072226, see "Documents" link below for more information.)
Posted/updated: 09/17/2009
Document list:
072226 Documents Schedule Orders All
Commission Calendar