WAC 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.