Since 1961, the Washington Utilities and Transportation Commission (WUTC) Has Regulated Solid Waste Collection
IN CLERKS OFFICE SUPREME COURT STATE OF WASHINGTON FEB 2 1 2008 DATE IN THE SUPREME COURT OF THE STATE OF WASHINGTON JOSEF VENTENBERGS, KENDALL TRUCKING, INC., a Washington Corporation, RONALD HAIDER, and HAIDER CONSTRUCTION, INC., a Washington Corporation, Petitioners, NO. 76954-1 v. THE CITY OF SEATTLE, a Municipal Corporation, SEATTLE PUBLIC EN BANC UTILITIES, and CHUCK CLARKE, in his official capacity as Director of Seattle Public Utilities, WASTE MANAGEMENT OF WASHINGTON, FILED FEB 2' 12008 INC., d/b/a Waste Management of Seattle, a Delaware Corporation, and RABANCO, LTD., a Washington Corporation, Respondents. BRIDGE, J.P.T. *—Since 1961, the Washington Utilities and Transportation Commission (WUTC) has regulated solid waste collection. However, pursuant to * Justice Bobbe J. Bridge is serving as a justice pro tempore of the Supreme Court pursuant to Washington Constitution article IV, section 2(a). Ventenbergs, et al. v. City of Seattle, et al., 76954-1 statute, the WUTC's jurisdiction over a solid waste collection company ends when that company contracts directly with a city. In the early 1990s the City of Seattle (City) decided to contract with solid waste handlers directly, thus ending WUTC's jurisdiction over the companies with which the City contracted. When the City decided to enter into direct contracts, only Rabanco and Waste Management were legally operating (i.e., they were in compliance with existing WUTC regulations) within the City. However, smaller companies, including Kendall Trucking (owned by petitioner Josef Ventenbergs and utilized by petitioner Ronald Haider), were providing collection services for construction, demolition, and land clearing waste (CDL), a specific type of solid waste.
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