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Summersville, W.Va., Tire Hauler Works as Paperwork Lags.
Byline: Fanny Seiler
Sep. 27--A Summersville company has been hauling waste tires statewide for the Division of Highways since August while its application for a motor carrier certificate is pending in the Public Service Commission.
West Virginia Tire Disposal Inc. filed an application Feb. 14 for a certificate to operate in all 55 counties as a common carrier in the transportation of waste tires.
An administrative law judge issued a "recommended decision" to the PSC on Sept. 6 that would grant the certificate in 43 counties, but opponents and West Virginia Tire Disposal filed exceptions and prevented the decision from becoming a PSC order. Parties had until Sept. 26 to file exceptions.
Thornton Cooper, a PSC lawyer, said administrative law judges' recommended decisions don't have any legal force. Whether the company had the legal right to haul the waste tires is open for debate.
Tire Disposal's attorney, Mark Kauffelt of Charleston, said the company has a PSC-approved contract with DOH which includes negotiated tariffs.
In addition, Kauffelt said the PSC had ruled in the past that Tire Disposal could haul waste tires without a PSC motor carrier certificate if it didn't charge more than the disposal rate at its place of business. The company has a monofill in Nicholas County.
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