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UTC withdraws rulemaking to consider revisions to solid waste definitions in WAC 480-70.

On December 8, 2010, the Commission filed a letter of withdrawal of this rulemaking proceeding with the Office of the Code Reviser. On December 9, 2010, the Commission issued a notice of the withdrawal to all interested persons.

On November 17, 2010, Governor Gregoire signed Executive Order 10-06, suspending and limiting the state rule making process to help small business and local governments as the state continues its economic recovery. Governor Gregoire has directed state agencies to suspend development and adoption of non-critical rules until December 31, 2011. The Commission has determined based on guidelines for implementing the Executive Order provided by the Office of Financial Management, to close this proceeding without taking further action.

Background:

The commission filed a Preproposal Statement of Inquiry (CR-101) with the Office of the Code Reviser on May 7, 2008, to accomplish to goals:

(1) Review, amend, and add definitions for solid waste contained in WAC 480-70. This includes: all definitions contained in WAC 480-70-041, WAC 480-70-196, and WAC 480-70-226 pertaining to the Commission’s regulation of solid waste collection companies; add other definitions, as necessary, to clarify issues facing the solid waste industry; and combine all definitions into one rule.

    (2) The rulemaking will discuss whether entities transporting materials under various circumstances are subject to regulation under RCW 81.77, as solid waste collection companies, or under RCW 81.80, as common carriers of property. The following rules are included in the review: WAC 480-70-011 Exempt operations; WAC 480-70-016 Determination of authority required to transport specific commodities or provide specific services. New rule(s) may be necessary to add clarity to this issue.

    The commission invited written comments by June 9, 2008, and held a stakeholder workshop to discuss WAC 480-70, related to solid waste collection companies on Tuesday, July 1, 2008.

    Staff drafted rule language for discussion purposes that could replace current WAC 480-70-016 and clarified when a solid waste certificate or motor carrier permit is needed. The draft language also defined "private carriage."

    The commission invited comments on the discussion draft rule to be filed with the commission no later than Friday, April 10, 2009.

    The draft rule addressed the following topics:

    1. When a solid waste collection certificate is required.
    2. Private carriage of solid waste collection.
    3. Commercial recycling collection requires a motor carrier permit.
    4. Commercial and industrial byproducts that require solid waste certificate
    5. Conditions for transporting mixed recyclable materials to a sorting facility.

    On April 20, 2009, the Commission Staff solicited comments from stakeholders on a discussion draft rule. Many stakeholders provided comments and those comments are available for inspection on the Commission's web site at www.utc.wa.gov/080591.

    Having reviewed the comments, Staff has developed a new draft rule. Because the new draft represents a substantial departure from the previous draft rule circulated to stakeholders on April 20, 2009, we are again soliciting written comments. On November 16, 2009, the Commission issued a notice to all interested persons with the opportunity to submit written comments on the new draft rule. Comments on the new draft rule must be filed with the Commission no later than Friday, January 8, 2010. For more information, please see the Notice

    For additional information about this rulemaking, contact Penny Ingram at (360) 664-1242 or e-mail at <pingram@utc.wa.gov>. (Docket TG-080591, see "Documents" link below for more information.



    Posted/updated: 12/09/2010
    Document list:
    080591   Documents   Schedule   Orders   All
                
                
                
                

     

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