PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
CHARLESTON
Whitecap Waste Holdings, LLC
Whitecap Waste of West Virginia, Inc.
Beckley Garbage Disposal, Inc.
Dave’s Sanitation Service, Inc.
Oak Hill Garbage Disposal, Inc.
PSC CASE NO. 24-0579MC-PC-T-NC
NOTICE OF MERGER, NAME CHANGE, AND TARIFF CHANGE
On July 10, 2024, Whitecap Waste of West Virginia, Inc. (“Whitecap Waste WV”), Whitecap Waste Holdings, LLC, the owner of the certificated solid waste motor carriers Beckley Garbage Disposal, Inc. (“BGD”), Dave’s Sanitation Services, Inc., (“Dave’s”), and Oak Hill Garbage Disposal, Inc., (“OGD”), filed a joint petition (“Joint Petition”) with the Public Service Commission of West Virginia for approval of a merger of BGD, Dave’s, and OGD into Whitecap Waste WV with Whitecap Waste WV being the surviving entity, and to transfer the motor carrier certificates of BGD, Dave’s and OGD to Whitecap Waste WV, to be operated under the name Whitecap Waste, and for approval of a new tariff for Whitecap Waste WV.
Whitecap Waste WV’s proposed tariff proposes no changes to the existing residential base rates and commercial rates charged by BGD, Dave’s, and OGD. Whitecap Waste proposes to include the following “Other Provisions Applicable to Residential and Commercial Customers” and “Additional Provisions Relating to Residential Service” in substitution for similar provisions charged by BGD, Dave’s, and OGD:
OTHER PROVISIONS APPLICABLE TO RESIDENTIAL AND COMMERCIAL CUSTOMERS:
1. NEW CUSTOMER DEPOSIT:
A deposit equal to one (1) month of a new customer’s bill will be required and held for a period of one (1) year. If the customer has paid all bills in accordance with the rates, terms and conditions of this tariff, after the one (1) year period, the customer deposit will be refunded to the customer together with accrued interest to be paid at a rate determined by the Commission on a yearly basis.
2. MUNICIPAL PUBLIC UTILITY TAX:
A municipal utility tax of two percent (2%) will be added to the bills of customers located within the corporate limits of the Cities of Oak Hill, Mt. Hope, or the Town of Sophia,
3. DELAYED PAYMENT PENALTY FOR SOME CUSTOMERS:
On all accounts of customers that are not paid in full within twenty (20) days after the due date for payment, a ten percent (10%) penalty will be added to the net amount shown. This delayed payment penalty is not interest and is only to be collected once for each bill where it is appropriate.
4. FEE FOR RESTORATION OF SERVICE TO SOME CUSTOMERS: After termination of the service of a customer for nonpayment of bills, the carrier will charge a fee of $5.00 for restoring service to a customer. Such fee will be in addition to any other charges approved for the company, i.e., delayed payment penalty and new customer security deposit.
5. EXTRA-BAG CHARGE FOR SOME RESIDENTIAL CUSTOMERS:
For service to residential customers served, this carrier shall impose an additional charge for the collection and disposal of more than six (6) bags of solid waste, or an equivalent amount of solid waste, per week. This charge, if assessed, shall be one-dollar ($1.00) per bag, or the equivalent, after the first six (6) bags of solid waste, or the equivalent.
6. COLLECTION OF ITEMS THAT HAVE CONTAINED FREON:
Before this carrier collects an appliance that once contained Freon or other gases, the removal of which is required by environmental regulations, that appliance must be certified as being free of Freon or other such gases. This carrier will assess a residential household an additional charge of $15.00 per appliance if such certification is not made prior to the collection of that appliance by this carrier.
7. CART DELIVERY FEE:
$20.00. Applicable each time an optional rental cart is delivered to a customer.
8. CART RENTAL FEE:
$5.00 per month for each optional rental cart.
9. IDENTIFICATION STICKERS:
Each customer is required to display an identification sticker, provided at the option of the carrier, as evidence of being an active customer. This sticker will be approximately 4 1/2 by 2 1/2 and colors will be changed periodically.
PART II: ADDITIONAL PROVISIONS RELATING
TO RESIDENTIAL SERVICE:
A. DUTY OF CARRIER TO NOTIFY RESIDENTIAL CUSTOMERS THAT COMMISSION’S RATE JURISDICTION EXTENDS TO NEGOTIABLE RATES AND CHARGES:
When negotiating a rate or charge with a residential customer, and before receiving payment for any negotiated rate or charge from that customer, this carrier shall first inform the customer that the Commission has jurisdiction over rates and charges for the collection and transportation of solid waste, including both fixed and negotiable rates and charges for such service, and that complaints about both fixed and negotiable rates and charges may be directed to the Commission.
B. BAG LIMIT APPLICABLE TO HOUSEHOLDS CONTAINING FORMER RESIDENTIAL CUSTOMERS:
If service by this carrier to an individual residential customer has been terminated, either by the action of that individual or by the action of this carrier, and that individual, or someone with whom he or she resides, (again) subscribes to residential service by this carrier, this carrier, during the first twelve (12) months after the subscription (or resubscription) to service, may, but is not required to, assess an additional, negotiable charge for the collection and disposal of more than eight (8) bags of solid waste, or an equivalent amount of solid waste, per week. This negotiable charge shall not exceed one-dollar ($1.00) per bag, or the equivalent, after the first eight (8) bags of solid waste, or the equivalent. This carrier shall add that extra charge to the next bill that is issued to the subscribing residential customer.
C. CHARGES FOR THE COLLECTION AND TRANSPORTATION OF BULKY GOODS FROM RESIDENTIAL HOUSEHOLDS:
1. SUBSCRIBING HOUSEHOLDS:
For subscribing residential customers, the applicable base rate and surcharges are set forth elsewhere in this tariff.
This carrier shall, once per month, on the scheduled day of bulky goods collection, subject to the following exceptions, collect and transport, free of any additional charge, all discarded “bulky goods”, as defined in Motor Carrier Rule 1.8, that have been generated by the household of the subscribing residential customer.
C. CHARGES FOR THE COLLECTION AND TRANSPORTATION OF BULKY GOODS FROM RESIDENTIAL HOUSEHOLDS
Exceptions:
(1) This carrier may, but is not required to, assess that subscribing residential customer an additional, negotiable charge for each large bulky goods item (equivalent in size to a normal refrigerator or washing machine) after the first two (2) large bulky goods items, generated by that subscribing household, that this carrier collects and transports on a scheduled day of pickup. This carrier shall add that extra charge to the next bill that is issued to that customer.
(2) This carrier may, but is not required to, assess that subscribing residential customer an additional, negotiable charge for each used or waste tire after the first eight (8) used or waste tires, off the rim, having a radius of no more than 16.5 inches, generated by that subscribing household, that this carrier collects and transports during a twelve-month period. Once such an extra charge is assessed, this carrier shall add that extra charge to the next bill that it issues to that customer.
(3) Bulky goods generated by a subscribing residential household do not include any bulky goods resulting from commercial activities that may occur on the premises of that residential household. With respect to such bulky goods, the applicable business entity shall be treated as a commercial customer of this carrier.
(4) With respect to any bulky goods generated by a subscribing residential household, that are collected on a date other than the regularly scheduled day of bulky-goods collection, this carrier may, but is not required to, assess the subscribing residential customer an additional, negotiable charge for each such bulky goods item. This carrier shall add the extra charge to the next bill that is issued to that customer.
C. CHARGES FOR THE COLLECTION AND TRANSPORTATION OF BULKY GOODS FROM RESIDENTIAL HOUSEHOLDS:
2. NONSUBSCRIBING HOUSEHOLDS:
For nonsubscribing residential households, the applicable charge is negotiable.
This carrier shall, once per month, on the day of bulky goods collection, subject to the following exceptions, collect and transport, free of any additional charge, all discarded “bulky goods”, as defined in Motor Carrier Rule 1.8, that have been generated by the nonsubscribing residential household.
Exceptions:
(1) This carrier may, but is not required to, assess that nonsubscribing residential household an additional, negotiable charge for each large bulky goods item (equivalent in size to a normal refrigerator or washing machine) after the first two (2) large bulky goods items, generated by that household, that this carrier collects and transports on that day.
(2) This carrier may, but is not required to, assess that nonsubscribing residential household an additional, negotiable charge for each used or waste tire, generated by that household, that this carrier collects and transports on that day. The charge per tire is not to exceed the sum of fifty cents ($0.50) plus the Commission-approved charge for the acceptance of that tire by the landfill which this carrier uses for the disposal of solid waste.
(3) For each nonsubscribing residential household, this carrier may require payment of all charges prior to the collection and transportation of these items. In the alternative, this carrier may issue a bill for these charges to the appropriate individual after the collection and transportation of these items.
(4) Bulky goods generated by a nonsubscribing residential household do not include any bulky goods resulting from commercial activities that may occur on the premises of that residential household. With respect to such bulky goods, the applicable business entity shall be treated as a commercial customer of this carrier.
PART II: ADDITIONAL PROVISIONS RELATING TO RESIDENTIAL SERVICE
D. CHARGES FOR THE COLLECTION AND TRANSPORTATION OF LARGE AND/OR HEAVY ITEMS THAT ARE NOT DEFINED AS “BULKY GOODS” FROM RESIDENTIAL HOUSEHOLDS:
SUBSCRIBING AND NONSUBSCRIBING HOUSEHOLDS:
For collecting and transporting large and/or heavy items of solid waste that do not fall within the definition of “bulky goods” under Motor Carrier Rule 1.8, this carrier may, but is not required to, assess both subscribing and nonsubscribing residential households additional, negotiable charges. Examples of such items that are not “bulky goods” are construction and demolition debris; automotive components, parts or frames that weigh at least two hundred (200) pounds each; automotive parts, such as motors and transmissions, that have a high density; and used or waste tires, off the rim, that have a radius of more than 16.5 inches.
For a subscribing residential household, this carrier shall add the extra charge to the next bill that is issued to the subscribing residential customer.
For a nonsubscribing residential household, this carrier may require payment of the charge prior to the collection and transportation of these items. In the alternative, this carrier may issue a bill for this charge to the appropriate individual after the collection and transportation of these items.
Anyone desiring to protest or intervene should file a written protest or notice of intervention within ten (10) days following the date of this publication unless otherwise modified by Commission order. Failure to timely intervene can affect your rights to protest any rate changes and to participate in future proceedings. Requests to intervene must comply with the commission’s rules on intervention. All protests and interventions should be addressed to the Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, West Virginia 25323.
WHITECAP WASTE OF WEST VIRGINIA, INC.