BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION,

Complainant,

v.

 POINTS RECYCLING AND REFUSE,          LLC, 

Respondent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 		)
		)
		)
		)
		)  DOCKET NO. TG-010202  
		)
		)
		) ORDER REJECTING
		) TARIFF FILING
		) 
		)
		)

MEMORANDUM

1 On February 13, 2001, Points Recycling and Refuse, LLC (Points Recycling), 
filed with the Washington  Utilities and Transportation Commission (Commission) 
proposed Tariff No. 1 naming rates to become   effective April 1, 2001, and 
replacing in its entirety current Tariff No. 4.  The new tariff proposes to 
eliminate  the Whatcom County residential curbside recycling program currently 
implemented by the company   throughout its service territory in Point Roberts, 
Washington.  Consistent with this reduction in service,   proposed rates are 
equal to present rates absent the current $5.21 recycle component of the 
combined   garbage and recycling rate.  Other proposed changes substantially 
include reformatting and additional services.

2 Whatcom County has adopted a Comprehensive Solid Waste Management Plan (Plan) 
pursuant to chapter  70.95 RCW.  The original Plan was approved by the 
Department of Ecology in 1991.  Service levels under  the Plan are implemented 
by Whatcom County Ordinance.  Both the Plan and the Ordinance mandate   
curbside residential recycling.  See Ordinance Section 8.10.050(A).  The 
Commission, by law, must require  compliance with local solid waste plans and 
related implementation ordinances.  RCW 81.77.030(5).  A solid  waste company 
must comply with the solid waste management plan applicable in the company’s 
franchise  area.  RCW 81.77.040.

3 The Commission considered this matter at its regularly scheduled Open Meeting 
on March 28, 2001.    Commission Staff argued that the filing should be 
rejected as unlawful. The owner of Points Recycling, Arthur  Wilkowski, urged 
the Commission to allow the tariff to become effective as written, or to allow 
some portions  of the tariff, but not others, to go into effect.

4 Based on the record and file in this matter, including the written and oral 
arguments of Commission Staff, Mr.  Wilkowski, and others who made comments at 
the Open Meeting, including Whatcom County Councilwoman  Barbara Brenner, and 
Whatcom County Deputy Prosecuting Attorney Daniel Gibson, the Commission makes  
and enters the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

5 On February 13, 2001, Points Recycling filed with the Commission proposed 
Tariff No. 1 naming rates to  become effective April 1, 2001.  The matter came 
before the Commission at its regularly scheduled Open  Public Meeting on March 
28, 2001.

6 The proposed tariff eliminates the Whatcom County residential curbside 
recycling programs of Points   Recycling.  That program is required by the 1999 
Whatcom County Comprehensive Solid Waste   Management Plan and its Service 
Level Ordinance, as amended in 1997.  

CONCLUSIONS OF LAW

7 The Commission is an agency of the State of Washington with jurisdiction to 
regulate rates, services, and  practices of solid waste collection companies 
operating under chapter 81.77 RCW.

8 Points Recycling is a solid waste collection company subject to regulation by 
the Commission under chapter  81.77 RCW.

RCW 81.77.030 provides in relevant part:

The commission shall supervise and regulate every solid waste collection 
company in this state, 

    * * *

 (5) By requiring compliance with local solid waste management plans and 
related implementation ordinances;

 (6) By requiring certificate holders under chapter 81.77 RCW to use rate 
structures and billing systems consistent with the solid waste management 
priorities set forth under RCW 70.95.010 and the minimum levels of solid waste 
collection and recycling services pursuant to local comprehensive solid waste 
management plans. . . . 

RCW 81.77.040 provides in relevant part:

No solid waste collection company shall hereafter operate for the hauling of 
solid waste for compensation without first having obtained from the commission 
a certificate declaring that public convenience and necessity require such 
operation.  A condition of operating a solid waste company in the 
unincorporated areas of a county shall be complying with the solid waste 
management plan prepared under chapter 70.95 RCW applicable in the company’s 
franchise area. 

9 The new filing, if approved, would be contrary to the provisions specified in 
the above statutes.
   
10 Based on the above Memorandum, Findings of Fact, and Conclusions of Law, the 
Commission enters the  following Order:
 
O R D E R

11 IT IS ORDERED that Tariff No. 1 filed by Points Recycling and Refuse, LLC, 
Inc., 
 G-155, in Docket No. TG-010202 is hereby rejected.  

DATED at Olympia, Washington, and effective this 28th day of March 2001.


WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




MARILYN SHOWALTER, Chairwoman



RICHARD HEMSTAD, Commissioner