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Hearings & Rulemakings > Hearings >
UTC issues an Initial Order denying motion for leave to file amended complaint.

On October 7, 2008, the commission entered Order 05 - Order Granting Petition for Administrative Review; Reversing Initial Order, and Ordering Hearing on the Merits; Granting Motion For Leave to File Reply. The commission scheduled a prehearing conference for Nov. 18, 2008, at 1:30 p.m., to determine further steps in this matter.

On November 6, 2008, Enviro/Con & Trucking, Inc. (EnviroCon) and Waste Management Disposal Services of Oregon, Inc. (WMDS-OR), filed a Petition for Judicial Review in Thurston County Court. In its Request for Relief, Enviro/con and WMDS-OR seek to have the court set aside the commission's Order 05 and reinstate the Administrative Law Judge's Order 03, Granting Motion for Summary Determination.

On November 18, 2008, the commission suspended the procedural schedule pending action by the Thurston County Superior Court. On August 7, 2009, the Thurston County Superior Court affirmed Order 05. The commission held a prehearing conference on August 21, 2009, and adopts the following procedural schedule:


Motion to Amend ComplaintTuesday, August 25, 2009
Response to Motion to AmendFriday, September 4, 2009
Reply re Motion to AmendMonday, September 14, 2009
Motion to DismissFriday, September 4, 2009
Response to Motion to DismissMonday, September 14, 2009
Reply re Motion to DismissMonday, September 21, 2009

On November 19, 2009, the commission issued Order 07 which denied Waste Connections of Washington, Inc.'s motion for leave to file amended complaint beause it fails to request any meaningful relief available under the commission's complaint statute, RCW 81.04.110.

NATURE OF PROCEEDING:
Docket TG-071194 is a complaint filed by Waste Connections of Washington, Inc. against Enviro/Con & Trucking, Inc., and Waste Management Disposal Services of Oregon, Inc. The complaint requests the commission issue a cease and desist order directing respondents to cease and desist from engaging in the collection and transportation of solid waste from the Evergreen Aluminum remediation site in unincorporated Clark County for disposal without certificated authority or declare that the subject solid waste collection activity to be developed on this record is subject to RCW 81.77.040, RCW 81.77.100 and WAC 480-70-006, et seq.

(Docket TG-071194, see "Documents" link below for more information).

Posted/updated: 11/19/2009

 

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