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PDFWAC 480-70-221

Sanctions for operating without a valid certificate.

(1) Operations without a certificate.
(a) A company that operates as a solid waste collection company without a certificate from the commission is subject to citation if observed or contacted by a representative of the commission or other law enforcement agency.
(b) If the commission receives information that a solid waste collection company is operating without a certificate, and a commission representative or other law enforcement agency has not observed those operations, the commission may:
(i) Issue a citation through the court; or
(ii) Contact the solid waste collection company and provide education and technical assistance concerning applicable regulations. This includes supplying the company with a copy of the applicable laws, rules, and certificate application forms.
(c) If the solid waste collection company continues to operate without a certificate after commission education and technical assistance is offered, the commission may institute an administrative proceeding to classify the company pursuant to RCW 81.04.510. If, as a result of that proceeding, the commission formally classifies the company as a solid waste collection company operating without the required certificate, the commission will issue a cease and desist order pursuant to RCW 81.04.510.
(d) If a company operates in violation of a commission order, the commission may impose penalties and/or take legal action in court.
(2) Operating while certificate is suspended. A company that operates after the commission suspends the company's certificate is subject to:
(a) Misdemeanor or gross misdemeanor citations, for which the company must appear in district court;
(b) Monetary penalty assessments or other commission administrative actions; or
(c) Commission proceedings to cancel the company's certificate.
(3) Operating after certificate is canceled. A company that continues to operate after the commission cancels the company's certificate is subject to:
(a) Misdemeanor or gross misdemeanor citations, for which the company must appear in district court; and
(b) Enforcement proceedings in superior court.
[Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. WSR 01-08-012 (Docket No. TG-990161, General Order No. R-479), ยง 480-70-221, filed 3/23/01, effective 4/23/01.]
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