Section 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.Wash. Admin. Code § 480-70-221
Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-221, filed 3/23/01, effective 4/23/01.