Rabanco Ltd. v. King County

125 Wash. App. 794
CourtCourt of Appeals of Washington
DecidedFebruary 14, 2005
DocketNo. 54535-3-I
StatusPublished
Cited by4 cases

This text of 125 Wash. App. 794 (Rabanco Ltd. v. King County) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rabanco Ltd. v. King County, 125 Wash. App. 794 (Wash. Ct. App. 2005).

Opinion

[796]*796¶1 — Rabanco appeals from summary judgment dismissing its claim that RCW 36.58.040 requires King County to enter into interlocal agreements before the county can designate a disposal site for waste collected entirely within the borders of King County. RCW 36.58.040 requires counties to enter into interlocal agreements for disposal of waste when the geographic area in which waste collection is authorized lies in more than one county—not when the private hauler merely has authority to collect waste in more than one county. The waste at issue was collected in a geographic area wholly contained within King County. King County has authority to designate its own landfill as the sole disposal site and is not required to consent to disposal of this waste in a different county. Therefore, no interlocal agreement is required. We affirm.

Appelwick, J.

FACTS

¶2 The Washington Utilities and Transportation Commission (WUTC) grants authority to private haulers to collect municipal solid waste. Municipal solid waste “is solid waste generated by residences, stores, offices, and others that is not industrial, agricultural or construction, demolition or landscaping debris.” This authority is granted by a certificate of convenience and necessity issued by the WUTC called a “G Certificate.” Certificates set out the geographic areas in which the company is authorized to collect waste. In order to operate without a G Certificate, the company must have a contract with the city or county in which it seeks to operate.

¶3 In the late 1990s, the WUTC updated its mapping and information systems, which were in disarray. As part of this effort, solid waste collection companies holding more than one certificate sometimes chose to consolidate their [797]*797certificates. This voluntary process helped the WUTC provide more accurate mapping of service areas.

¶4 Appellant Rabanco Ltd. is a private hauling company that collects and processes solid waste. As part of the WUTC’s updating process, Rabanco asked the WUTC to consolidate three of its certificates. The WUTC granted Rabanco’s request and ordered that the three certificates be consolidated. The consolidated Rabanco certificates were reissued as certificate G-12. The G-12 certificate authorized Rabanco to collect solid waste in parts of King, Snohomish, Yakima, Skamania, and Klickitat counties. Therefore, Rabanco has a certificate for collection in more than one county. King County admitted that it does not have interlocal agreements with any of the counties listed in Rabanco’s permit.1

¶5 RCW 36.58.040 provides counties with authority to establish a designated disposal site for solid waste collected from unincorporated areas:

The legislative authority of a county may by ordinance provide for the establishment of a system or systems of solid waste handling for all unincorporated areas of the county or for portions thereof. A county may designate a disposal site or sites for all solid waste collected in the unincorporated areas pursuant to the provisions of a comprehensive solid waste plan adopted pursuant to chapter 70.95 RCW. However for any solid waste collected by a private hauler operating under a certificate granted by the Washington utilities and transportation commission under the provisions of chapter 81.77 RCW and which certificate is for collection in a geographic area lying in more than one county, such designation of disposal sites shall be pursuant to an interlocal agreement between the involved counties.

[798]*798¶6 Rabanco and its affiliates own landfills in several states, including a landfill in Klickitat County, Washington. King County owns the Cedar Hills landfill in King County. Rabanco alleges that it is much less expensive for it to transport waste it collects in King County for disposal at its own Klickitat County landfill than at the Cedar Hills landfill. King County Code (K.K.C.) § 10.08.020 (the ordinance) provides:

System of disposal.

A. Under the authority provided by the King County Charter and RCW 36.58.040, a system is hereby established for disposal of all solid waste either generated, collected or disposed, in unincorporated King County. Additionally, this system shall include all solid waste either generated or collected, or both, in any other jurisdictions with which an interlocal agreement exists under K.C.C. 10.08.130.
B. It is unlawful for any person to dispose of county solid waste except at disposal facilities and in a manner authorized under this title.
C. Unless specifically authorized by a King County ordinance, it is unlawful for any commercial hauler or other person or entity to deliver any county solid waste to a place other than a disposal facility designated by the county to receive the particular waste.
D. It is unlawful for any person to deliver county solid waste other than unauthorized waste as determined by the manager to any facility for final disposal other than the county-owned Cedar Hills regional landfill, unless the manager has provided prior written authorization for the disposal for public health, safety, welfare or planning purposes and the disposal is consistent with the adopted King County Solid Waste Comprehensive Plan. (Ord. 14811 § 9, 2003: Ord. 8891 § 13,1989: Ord. 7708 § 1 (part), 1986).

¶7 Rabanco asserts that King County’s designation of the Cedar Hills landfill as the site for all unincorporated King County municipal solid waste is impermissible under RCW 36.58.040. Rabanco argues that RCW 36.58.040 does not allow King County to enforce the ordinance against any private hauler with a WUTC certificate authorizing collec[799]*799tions in more than one county. Since it has such a WUTC certificate, Rabanco argues that King County cannot require it to comply with the ordinance.

¶8 The trial court’s grant of summary judgment rested on its interpretation of a clause in RCW 36.58.040: “which certificate is for collection in a geographic area lying in more than one county.” According to the trial court, and as argued by King County, this clause “refers to a collection area which crosses county borders so that it lies in more than one county.” Rabanco admits that it has no routes that include areas both within and outside King County. Rabanco’s certificate provides it with authority to collect waste in multiple individual geographic areas, each lying wholly within a single county and not crossing county borders. The trial court concluded:

The court must consider the language in its context. Here, logic and legislative history dictate that the legislature was addressing a potential problem when a collection area crossed county borders.

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Cite This Page — Counsel Stack

Bluebook (online)
125 Wash. App. 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabanco-ltd-v-king-county-washctapp-2005.