Washington Utilities and Transportation Commission
On March 26, 2012, the commission instituted a special proceeding (Docket TG-120308) on its own motion to determine whether McAuliffe Auto Sales, Inc. d/b/a Maltby Container & Recycling (Maltby) is operating for the hauling of solid waste for compensation over the public highways in the state of Washington without the necessary certificate required for such operations by RCW 81.77.040.
On June 19, 2012, the commission entered in Docket TG-120308 Order 02 - Initial Order Approving Settlement Agreement; Requiring Respondent to Cease and Desist Operations; Imposing Penalties.
On January 30, 2014, Staff filed a Compliance Review and Inspection Report of Maltby's operations from July 10, 2012, through July 10, 2013. Staff determined that Maltby violated RCW 81.77.040 by providing solid waste collection services subject to regulation when it transported solid waste to a landfill for disposal 271 times during the compliance period.
On April 1, 2014, the commission issued a penalty assessment in Docket TG-140512, against Maltby in the amount of $27,100. The commission assess the penalty for alleged violations of RCW 81.77.040, Certificate of convenience and necessity required, and Commission Order 02 issued pursuant to RCW 81.04.510 in Docket TG-120308, which ordered Maltby to cease and desist from advertising and providing all forms of solid waste collection services that require a certificate from the commission.
On April 24, 2014, Maltby filed a statement of disputed issues of fact and law regarding its penalty assessment and request for hearing.
On May 14, 2014, the commission consolidated Dockets TG-120308 and TG-140512, and will hold a hearing in these matters at 9:30 a.m., on July 16, 2014.
On June 13, 2014, the commission issued a notice suspending the procedural schedule including the hearing on July 16, 2014 and set a pre-hearing conference in these matters at 9:30 a.m., on July 8, 2014.
On July 10, 2014 the commission entered in Docket TG-120308 Order 05 and in Docket TG-140512 Order 03 a prehearing conference order and notice of hearing that set a hearing in these matters for January 21-22, 2015.
The commission issued a notice on October 21, 2014, giving Maltby the opportunity to respond to Staff counsel's motion to compel by October 24, 2014. The notice also sets the date for a telephonic hearing on the motion for October 28, 2014, at 1:30 p.m., at UTC headquarters, Olympia, Washington.
On November 26, 2014, Staff filed a settlement agreement with the commission on behalf of the parties.
On November 26, 2014, the commission issued a notice suspending the procedural schedule.
On December 17, 2014, the commission entered Order 07, Initial Order Approving Settlement Agreement. Appendix A attached to Order 07 is available by clicking this link.
TG-120308 - All Documents
TG-140512 - All Documents