Agenda Date:  March 28, 2001
Item No:  3B

Docket No.:           TG-010202
Company Name:     Points Recycling and Refuse, LLC, G-155

Staff:                       Bob Colbo, Transportation Program Staff 
                               Gene Eckhardt, Assistant Director - Water and 
Transportation
                               
Recommendation:

Reject, as a matter of law, the filing of Points Recycling and Refuse, LLC, 
(Points), G-155, contained in Docket TG-010202.

Discussion:

On February 13, 2001, the above named company filed a new proposed Tariff No. 1 
seeking to replace existing Tariff No. 4.  The new tariff carries a proposed 
effective date of  April 1, 2001.  Points operates in the small community of 
Pt. Roberts in Whatcom County located on the southern tip of the Richmond 
Peninsula predominately in British Columbia, Canada.  Present rates have been 
in effect since April, 1998.  The present owner of the company, Mr. Arthur 
Wilkowski, took over operations in September, 1999.

The principal effect of the proposed changes is to eliminate the residential 
curbside recycling program Points is currently providing.  The proposed tariff 
deletes all references to rates for “Recycle Service Only” and combined 
“Garbage and Recycle Service” and instead names rates for “Garbage Service 
Only” that eliminates the current $5.21 recycle component of the combined 
rates.  Customers who maintain their present service levels will therefore pay 
$5.21 less per month, but will no longer receive recycling service.  Points 
maintains that the existing recycle program is too costly for its limited, 
predominately seasonal customer base, and that on the basis of  surveys,  
believes its customers would instead prefer a voluntary, self-haul recycle 
system.  The Commission has received 109 letters supporting the removal of the 
mandatory recycling rate and one phone call opposed.

Whatcom County has both a Comprehensive Solid Waste Management Plan and Service 
Level Ordinance in place that requires all certificated haulers to provide 
mandatory residential curbside recycling throughout the county.  RCW 81.77.030 
requires the Commission to “ … supervise and regulate every solid waste 
collection company in this state: … (5) by requiring compliance with local 
solid waste plans and related implementation ordinances.”  RCW 81.77.040  
requires that  “ … 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.”

Proposed Tariff 1 would contradict both the Whatcom County Comprehensive Solid 
Waste Plan and Service Level Ordinance in violation of RCW 81.77.030 and RCW 
81.77.040 if it were allowed to become effective.  Accordingly, it is 
recommended that the proposed new Tariff No. 1 of Points contained in Docket 
TG-010202 should be rejected as a matter of law for non-compliance with the 
foregoing statutes.