West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-09 - Rules Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers › Section 150-9-7 - Rules Applicable To Motor Carriers Transporting Solid Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Application of rules. - The rules in
				this section shall apply to all motor carriers engaged in the transportation of
				solid waste.
7.2. Conditions of
				service.
7.2.1. With respect to a residential
				customer, a common carrier by motor vehicle of solid waste is not required to
				pick up solid waste unless the customer places the solid waste at curbside or
				roadside of a public highway or public access route serving the customer's
				premises. Provided, however, that a carrier shall make exceptions to this rule,
				upon prior request, for households solely occupied by individuals who are
				incapacitated by illness or disability or where circumstances make curbside or
				roadside placement of solid waste either impractical or unreasonable.
7.2.2. Every motor carrier of solid waste
				shall maintain all motor vehicles used in the transportation of solid waste in
				a proper and sanitary operating condition.
7.2.3. Every motor carrier of solid waste in
				residential service shall provide and maintain a regularly scheduled pickup
				service. The carrier shall give each residential customer the schedule of
				pickup service to be provided. Exceptions to the regularly scheduled pickup
				service shall only be for reasons beyond the carrier's control, including, but
				not limited to, dangerous road conditions, inclement weather, flooding and road
				closures. These exceptions shall be at the discretion of the motor carrier. A
				motor carrier shall report interruptions lasting longer than five (5) days to
				the Commission and the motor carrier and Commission Staff shall establish a
				contingency pick-up arrangement for the affected customers.
7.2.4. To allow its customers to communicate
				with it, every motor carrier of solid waste shall be reachable by telephone
				during normal business hours and shall attempt to respond to telephone messages
				by customers within twenty-four (24) hours of any telephone message left by a
				customer during normal business hours. All telephone service from places within
				the carrier's certificated territory to the carrier's telephone number(s) shall
				be toll-free.
7.2.5. A motor
				carrier of solid waste or its employees may, but are not required to, accept
				payment of bills along the operating route.
7.2.6. Every motor carrier of solid waste
				shall establish at least two (2) payment options, including the United States
				Mail and a designated place convenient to a majority of the carrier's
				customer.
7.2.7. Except as to the
				transportation of bulky goods, a common carrier by motor vehicle of solid waste
				may refuse to collect solid waste from a residential customer unless that solid
				waste is in a suitable, waterproof container with a loaded weight of thirty
				(30) pounds or less. For purposes of this rule, the term "container" shall
				include plastic bags and garbage cans.
7.2.8. A motor carrier of solid waste may
				refuse to collect solid waste that was not generated by the individuals
				residing in the household of a subscribing residential customer.
7.2.9. A motor carrier of solid waste may not
				impose a specific bag, quantity, or weight limit on waste generated by a
				residential customer without prior approval by the Commission.
7.2.10. Motor carriers of solid waste are
				encouraged to apply for the Commission's approval of either optional or
				mandatory us age-sensitive rates (for example, a per-bag rate). If a carrier's
				Commission-approved tariff includes a usage-sensitive rate as a customer
				option, the carrier may be authorized to charge a flat rate covering the weekly
				pickup of the contents of a certain number of containers per customer
				household; in such cases, the customers would be required to pay
				usage-sensitive rates for weekly accumulations above the established container
				limit.
7.2.11. A motor carrier of
				solid waste in residential service is not required to collect and transport
				automotive components, parts, or frames that weigh more than two hundred (200)
				pounds each. A residential customer should use an authorized wrecker company to
				transport such items to a salvage yard or other appropriate
				destination.
7.2.12. A motor
				carrier of solid waste is not required to collect and transport from a
				subscribing residential customer household any construction and demolition
				debris that was not generated by projects located on the property of that
				subscribing residential customer household.
7.2.13. The compensation for the collection
				and transportation of construction and demolition materials and tires with a
				radius greater than 16.5 inches from subscribing and non-subscribing residents
				shall be negotiated between the resident and the solid waste motor
				carrier.
7.2.14. A motor carrier of
				solid waste is not required to empty containers in which burning has taken
				place.
7.2.15. A motor carrier of
				solid waste is not responsible for cleaning up any solid waste spilled by it
				when making pickups.
7.2.16.
				Nothing in Rule 7.2. shall be construed to require a motor carrier of solid
				waste to collect or transport materials that the solid waste facilities used by
				that carrier can lawfully refuse to accept.
7.2.17. A motor carrier of solid waste may
				identify residential customers by use of identification stickers, provided that
				subscribing customers shall continue to receive service in the event an
				identification sticker becomes lost or stolen.
7.2.18. Upon notice to its customers, a motor
				carrier of solid waste may require residential customers to properly dispose of
				hypodermic needles as a condition of service.