Section 480-70-216. Commission compliance policy.  


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  • (1) The commission is authorized to administer and enforce laws and rules relating to solid waste collection companies. The commission delegates authority to the commission staff to inspect equipment, drivers, records, files, accounts, books, and documents. The commission also delegates to its staff authority to arrest without warrant or to issue citations to any person found violating this chapter in the presence of its staff.
    (2) The commission encourages voluntary compliance with statutes, rules, and commission orders.
    (3) The commission will enforce statutes, rules, and commission orders through:
    (a) A program emphasizing education and technical assistance.
    (b) A compliance program including:
    (i) Investigation and resolution of complaints;
    (ii) Safety compliance reviews of drivers and equipment;
    (iii) Economic compliance audits including, but not limited to, rates, charges, and billing practices;
    (iv) Coordinated roadside enforcement; and
    (v) Cooperative agreements with other agencies to enable effective enforcement and appropriate use of resources.
    (4) Where necessary to ensure compliance with statutes, rules, and commission orders, the commission will pursue:
    (a) Administrative actions that the commission believes will best ensure future compliance by the violating company, including, but not limited to, warnings, sanctions, or penalty assessments under the provisions of chapter 81.04 RCW;
    (b) Suspension or cancellation of a company's certificate:
    (i) When the commission believes education and penalties have not been, or will not be, effective to secure compliance;
    (ii) For willful violations of legal requirements; or
    (iii) For serious actions including, but not limited to, misrepresentation;
    (c) Enforcement action against violators based on information collected by commission staff; or
    (d) Proceedings in district and 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), § 480-70-216, filed 3/23/01, effective 4/23/01.]
RCW 81.04.160, 81.77.030 and 80.01.040. WSR 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-216, filed 3/23/01, effective 4/23/01.