OF WEST VIRGINIA
CHARLESTON
CASE NO. 26-0312-MC-TC-NC-PC
WHITECAP WASTE HOLDINGS, LLC, EMPIRE WASTE SYSTEMS, INC.,
and FLY-BY-NITE DISPOSAL SERVICE, INC.
Joint Petition for Consent and Approval for Whitecap Waste to Acquire the Stock of Empire Waste, to Merge Empire with Fly-By-Nite, to Change the Surviving Entity's Name, and to Consolidate Tariffs.
NOTICE OF MERGER, NAME CHANGE, AND TARIFF CHANGE
On February 27, 2026, Whitecap Waste Holdings, LLC (Whitecap Holdings), Fly-By-Nite Disposal Service, Inc. (Fly-By-Nite), and Empire Waste Systems, Inc. (Empire), filed a joint petition (Joint Petition) with the Public Service Commission of West Virginia for approval of a merger of Fly-By-Nite and Empire into Whitecap Waste of Southern West Virginia, Inc. (Whitecap Waste) being the surviving entity, and to transfer the motor carrier certificates of Fly-By-Nite and Empire to Whitecap Waste, to be operated under the name Whitecap Waste of Southern West Virginia, Inc., and for approval of a new tariff for Whitecap Waste.
Whitecap Waste's proposed tariff proposes no changes to the existing residential base rates and commercial rates charged by Fly-By-Nite and Empire. Whitecap Waste, however proposes to modify some but not all "Other Provisions Applicable to Residential and Commercial Customers" and "Additional Provisions Relating to Residential Service" for customers of Fly-By-Nite and Empire. The proposed tariff provisions that will apply to all customers served by Whitecap, Fly-By-Nite, and Empire are as follows:
PART I: RATES FOR MOST SERVICE UNDER P.S.C. M.C. CERTIFICATE NOS. F-4527, F-4792, F-4944, F-5522, F-6004, F-6005, and F-6425, and F-7624:
B.OTHER PROVISIONS APPLICABLE TO RESIDENTIAL AND COMMERCIAL CUSTOMERS:
1. DELAYED PAYMENT PENALTY:
On all current billings not paid within thirty (30) days, ten percent (10%) delayed payment penalty will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.
2. BULKY GOODS COLLECTION:
This carrier will collect bulky goods from all of its residential customers on the next to the last full week of each month.
This carrier may require the certification of the removal of Freon and similar substances before such appliances are collected as bulky goods.
3. BAG LIMIT APPLICABLE TO RESIDENTIAL CUSTOMERS:
For residential service, this carrier may, but is not required to, assess 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 $1.00 per bag, after the first six (6) 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.
4. FEE FOR RESTORATION OF SERVICE:
Each residential customer and each commercial customer whose service has been terminated by this carrier will be required to pay a fee of $5.00 for the restoration of service.
5. OPTIONAL CART DELIVERY FEE:
$20.00. Applicable each time an optional rental cart is delivered to a customer.
6. OPTIONAL CART RENTAL FEE:
$5.00 per month for each option rental cart.
7. NEW CUSTOMER DEPOSIT:
Prior to receiving service, each residential customer will pay this carrier a deposit not to exceed one-twelfth (1/12) of the annual estimated charge for residential service. Prior to receiving service, each commercial customer will pay this carrier a deposit not to exceed one-sixth (1/6) of the annual estimated charge for commercial service. After the residential or commercial customer has paid bills for twelve (12) consecutive months, this carrier will promptly refund the deposit, plus accrued interest calculated at ten percent (10%) per annum.
8. 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 negotiable charge per appliance if such certification is not made prior to the collection of that appliance by this carrier.
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 UNDER P.S.C. M.C. CERTIFICATE NOS. F-4527, F-4792, F-4944, F-5522, F-6004, F-6005, and F-6425, and F-7624:
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.CHARGES FOR THE COLLECTION AND TRANSPORTATION OF BULKY GOODS FROM RESIDENTIAL HOUSEHOLDS:
1. SUBSCRIBING HOUSEHOLDS:
For subscribing residential customers, the applicable base rate and any 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 2.4.2, that have been generated by the household of the subscribing residential customer.
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.
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 2.4.2, 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 negotiable 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.
C.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 2.4.2, 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 the Application and 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. Formal hearing may be waived in the absence of protest.
WHITECAP WASTE OF SOUTHERN WEST VIRGINIA, INC.