6 Colo. Code Regs. § 1007-2-1
Colorado Department of Public Health and Environment
Program Manager
Solid Waste Section
Hazardous Materials and Waste Management Division
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Phone: (303) 692-3300
"Abandoned facility" means facility in operation after the initial enactment of the Solid Waste Disposal Sites and Facilities Act in 1967 that has ceased operations without implementing a closure plan in accordance with the regulations that were in effect on the date of closure.
"Act" means the "Solid Wastes Disposal Sites and Facilities Act", Title 30, Article 20, Part 1, CRS, as amended.
"Active life" means the period of operation beginning with the initial receipt of solid waste, and ending at completion of closure activities in accordance with these regulations.
"Active operating area" means an area that includes all areas of unloading, bailing, compacting, storing and out loading.
"Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with these regulations.
"Adequate cover" means:
"Adequately wet" means sufficiently wet to minimize visible emissions of dust and/or debris within the regulated work area (RWA) and either:
The observance of visible emissions, outside of the RWA, of dust and/or debris may be an indication that soils are not adequately wet.
"Adjacent Receptor Zone" means an area of uncontrolled access at a distance of 150' or less from the nearest Regulated Work Area (RWA) boundary during active Regulated Asbestos Contaminated Soil (RACS) disturbance. For the purpose of this definition, highways, streets, and roads without sidewalks, where only vehicles are permitted, are considered to be areas of controlled access and therefore not adjacent receptor zones. For the purpose of this definition "vehicle" means a device that is capable of moving itself, or of being moved, from place to place upon wheels, including bicycles and electrical assisted bicycles. For the purpose of this definition, an area for which access is not ordinarily controlled that is closed to the public during soil disturbing activities in the adjacent RWA is considered to be an area of controlled access and therefore not an adjacent receptor zone.
"Agent of a wholesaler" as used in Sections 10 and 16 of these Regulations mean a person who is authorized by the Wholesaler to act for or in place of the Wholesaler to transact the Wholesaler's business as it relates to the distribution of new tires, lubricating oil, or new lead-acid batteries to retailers and the transportation of waste tires, used oil, or used lead-acid batteries to a separate Wholesaler engaged in the business of recycling collection.
"Agricultural wastes" means all solid wastes resulting from the raising of crops or animals on land zoned agricultural by local requirements, including animal manures, that are returned to the soils as fertilizer, soil conditioners or compost or are composted to return to the soils. In addition, agricultural waste means all carcasses and carcass by-products resulting from any mass livestock mortality that is the result of an all-hazards event or depopulation ordered by the state veterinarian or other appropriately designated authority. {This definition is effective through December 31, 2018}
"Agricultural wastes" means all discarded or residual plant materials or animal materials that directly result from the raising of crops or animals, including animal manures, that are 1) returned to the soils as fertilizer, soil conditioners or compost or 2) are composted to return to the soils, or 3) are used for other agricultural purposes. In addition, agricultural waste means all carcasses and carcass by-products resulting from any mass livestock mortality that is the result of an all-hazards event or depopulation ordered by the state veterinarian or other appropriately designated authority. {This definition becomes effective on January 1, 2019}
"Air Monitoring Specialist" ("AMS") means a person trained and certified, in accordance with the requirements of Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B), for the collection of air samples to determine airborne particulate and/or asbestos concentrations.
"Air pollutant" means any fume, smoke, particulate matter, vapor, gas or any combination thereof which is emitted into or otherwise enters the atmosphere. "Air pollutant" includes, but is not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter. "Air pollutant" does not include water vapor or steam condensate.
"Air pollution" means any detectable concentration of one or more air pollutants in the ambient air that has caused, is causing, or if unabated may cause injury to human, plant or animal life, or injury to property, or which unreasonably interferes with the comfortable enjoyment of life or property.
"Airport" means an airport open to members of the public without prior permission and without restriction, within the physical capabilities of the facility.
"All-hazards event" means the occurrence of any catastrophic event or incident that is either natural, such as a blizzard, fire, flood, tornado, earthquake, or disease outbreak or man-made and that could be of biological, chemical, radiological, nuclear or explosive origin.
"Alternative Daily Cover" means at least three inches of earthen material or other suitable material placed over the exposed solid waste at the end of each operating day, or at such frequencies as needed to prevent or minimize nuisance conditions.
"Amended application" means a document which proposes modifications to an existing facility that constitutes a change in operations to that existing site or facility.
"Anaerobic digestion" means a series of biological processes in which microorganisms breakdown biodegradable materials in the absence of oxygen. Anaerobic digestion of biodegradable materials creates biogas.
"Ancillary equipment" means any device such as, but not limited to, piping, fittings, flanges, valves, and pumps that is used to distribute, meter, or control the flow of material from its point of generation or transport to a storage or treatment tank(s), between material storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.
"Ancillary Worker" means a worker that has not completed the training under Section 5.5.3(A) and (B) of these regulations.
"Animal Waste" means compostable materials generated by the customary and generally accepted activities, practices, and procedures that farmers and ranchers engage in during the production of poultry and livestock including manures and animal mortalities. Animal Waste also includes non-agricultural and non-human animal excreta. Animal waste does not include food processing residuals such as paunch.
"Antineoplastic" means acts to prevent, inhibit, or halt the growth of a tumor.
"Applicant" for the purposes of Section 10.12 means any person or business seeking a rebate from the Waste Tire End Users Fund.
"Application for a certificate of designation" means all documents, data and drawings which are submitted, for review, by an applicant to a governing body having jurisdiction. The application shall contain the site location, the type of facility, the engineering design and operations report which includes, but is not limited to, geological, hydrological, engineering and operational data for the design, operation, closure and post-closure of the facility. This information shall be prepared in accordance with these regulations and all local requirements.
"Approved site or facility" means a site or facility for which a certificate of designation has been obtained, pursuant to the Act.
"Aquifer" means a geologic formation, group of formations, portion of a formation or unit capable of yielding significant quantities of ground water of usable quantity to wells or springs.
"Architectural paint" means an interior or exterior architectural coating sold in a container of five gallons or less.
"Area of Contamination" ("AOC") means a discrete, discernible area of known RACS.
"Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at beneath, or adjacent to the facility because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil flection, block sliding, and rock fall.
"Asbestos" means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), amosite (cummingtonite-grunerite), anthophyllite, actinolite and tremolite.
"Asbestos-containing material" ("ACM") means any material that contains more than one percent (1%) asbestos.
"Asbestos waste" means any asbestos-containing material whether it contains friable or non- friable asbestos, that is not intended for further use. This term includes but is not limited to asbestos mill tailings, asbestos from pollution control devices, and containers that contain asbestos.
"Asbestos waste disposal area" means an area approved for the disposal of asbestos waste at a solid waste facility, including, but not limited to, a trench or monofill.
"Ash" means the bottom ash, fly ash or air pollution control residues and other residues of the combustion process from the operation of an incinerator or energy recovery facility, including the combustion of any municipal, commercial or industrial solid waste.
"ASTM Standard D6270" means the American Society for Testing and Materials Standard entitled "Standard Practice for Use of Scrap Tires in Civil Engineering Applications", effective on December 15, 2017. ASTM Standard D6270 is incorporated by reference to include the version in effect as of the date this regulation was adopted, and does not include later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246.
"Authorized signature" means the signature of an individual who has authority to sign on behalf of and bind an individual or corporation.
"Autoclave" means a strong, pressurized, steam heated vessel used for sterilization. When used as a verb the term means the process of sterilization accomplished through the use of such a vessel.
"Backyard Composting" means composting on a residential property utilizing Type 1 and 2 feedstocks but with no more than 100 cubic yards in process at one time.
"Barrier layer" means a continuous layer of material designed and constructed to restrict horizontal and/or vertical migration of leachate from the facility. A "barrier layer" may contain both manufactured and natural materials. The term is also used in cap construction to prevent fluids from migrating vertically through the cap.
"Base flood" means a flood that has a one percent chance of recurring in any year, or a flood of a magnitude equalled or exceeded once in 100 years, on the average over a significantly long period.
"Beneficial use" means the use of solid waste as an ingredient in a manufacturing process, or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use.
"Beneficial user" means a person who uses solid waste as an ingredient in a manufacturing process or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use.
"Beneficial user" as used in Section 10, means a person who uses solid waste for energy recovery in a manufacturing process or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use.
"Biohazardous waste" means solid waste containing or contaminated with organisms or viruses infectious to humans, animals or plants (e.g. parasites, viruses, bacteria, fungi, prions, or rickettsia).
"Biosolids" means the accumulated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water, or domestic or industrial septage.
"Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft of injuries to its occupants.
"Blood and body fluids" means all waste unabsorbed human and animal blood or blood products, components of blood or blood products, and other body fluids. Includes, but is not limited to, human blood; plasma; serum; platelets; other blood components and blood products; body fluids including exudates, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid and amniotic fluid; suction and irrigation fluids contaminated with blood or body fluids; liquid residues or contaminated water resulting from the cleanup of a spill of medical waste; tattoo ink contaminated or potentially contaminated with blood or body fluids; and blood and body fluids from animals known to be infected with diseases that are contagious to humans. For purposes of this Part 13, it does not include saliva, nasal secretions, sweat, tears, or urine, feces, or vomitus unrelated to isolation wastes unless visible blood is present.
"Buffings" means the residual rubber material removed from the supporting structure of a waste tire or a retreaded or recapped tire.
"Cashplus marketable securities" means all the cash plus marketable securities held by the local government on the last day of the fiscal year, excluding cash and marketable securities designated to satisfy past obligations such as pensions.
"Certificate of designation" means a document issued by the governing body having jurisdiction to a person authorizing the use of land for a solid waste disposal site and facility pursuant to the Act. The "certificate of designation", which incorporates all information as may be required by the Department and the governing body having jurisdiction, is then issued by the governing body having jurisdiction if the Department has determined that the minimum standards are met.
"Certified Asbestos Building Inspector" ("CABI") means a person trained and certified in accordance with Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B), for the identification of asbestos-containing materials and the collection of samples to determine asbestos content, including qualified Department personnel.
"Closed facility" means a solid waste site or facility that has been closed in accordance with provisions of the federal regulations pursuant to Subtitle D of the federal "Resource Conservation and Recovery Act of 1976", as amended, as published in 40 CFR Part 258.60 or in the manner specified in the approved certificate of designation application at the time of approval of the site or facility, or in a closure plan that has been approved by the Department or prior to the enactment of the Solid Waste Disposal Sites and Facilities Act (C.R.S. 30-20-100.5).
"Collect water volume" means to provide storage in channels or basins to allow for controlled discharge.
"Collection facility" as used in Section 16 of these Regulations means any facility that accepts, aggregates and stores used oil, used lead-acid batteries, or waste electronic devices generated elsewhere for transport to a location described in Sections 16.2, 16.3, 16.4, and 16.5 of these Regulations.
"Commercial Composting Facility" means any solid waste composting facility that accepts a fee for solid waste composting, or any solid waste composting facility that composts solid waste to create a compost or soil amendment and distributes the finished compost or soil amendment offsite for a fee.
"Commercial wastes" means all solid wastes generated by stores, hotels, markets, offices, restaurants, warehouses, and other non-manufacturing activities, excluding community and industrial wastes.
"Commission" means the solid and hazardous waste commission created in section 25-15-302, C.R.S.
"Community wastes" means all solid wastes generated by the noncommercial and nonindustrial activities of private individuals, including solid wastes from households, yards, streets, sidewalks and alleys.
"Compost" means the material or product which is developed under controlled conditions and which results from biological degradation processes by which organic wastes decompose.
"Compostable Products" means containers, films or foodservice ware such as bowls, plates, cups, cutlery, composed of materials such as vegetable matter, paper, cardboard, and plastics that meet American Society for Testing and Materials (ASTM) Standard D6400-12, as amended (Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities) and ASTM Standard D6868-11, as amended (Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities). These products are labeled in accordance with US Composting Council (USCC) Labeling Guidelines.
"Composting" means the biological process of degrading organic materials that is facilitated and controlled through intentional and active manipulation. These manipulations may include but are not limited to grinding, mixing of feed stocks and bulking materials, addition of liquids, turning of piles, vermicomposting, or mechanical manipulation.
"Compost facility" means a site where compost is produced.
"Compost Feedstock" or "Feedstock" means any decomposable organic material used in the production of compost or chipped and ground material including, but not limited to, green wastes, animal material, manure, biosolids, and solid waste.
"Composite liner" means a liner system consisting of two components: the upper component shall consist of a flexible membrane liner (FML) and the lower component shall consist of a compacted soil layer. The FML component must be installed in direct and uniform contact with the compacted soil component.
"Construction and demolition debris" means waste that is generated from construction, remodeling, repairs, or demolition of buildings, pavements, and other structures which includes but is not limited to, lumber, bricks, carpets, ceramics, sheetrock, metals, drywall, window glass, metal and plastic piping, paint and any other non-hazardous materials resulting from construction and demolition operations.
"Construction and demolition debris facility" means a discrete area of land or an excavation which is designed for the final disposal of solid waste which result from the construction or demolition of a building or structure, such as lumber, bricks, concrete, sheetrock and other similar materials.
"Consumer" as used in Section 16 of these regulations means a person who has purchased an electronic device primarily for personal or home business use.
"Consumer product" as used in Section 16 of these Regulations means any device that is primarily intended for personal or household use and is typically sold, distributed, or made available to the general population through retail or mail-order distribution. Such term does not include vehicles, motorcycles, wheelchairs, boats, or other forms of motive power. The term does include, but is not limited to, computers, games, telephones, radios, and similar electronic devices.
"Control water volume" means to discharge at a rate that will not exceed the discharge rate of historic flows at the discharge point or at an appropriate point in the receiving stream.
"Crumb rubber" means rubber granules derived from a waste tire that are less than one-fourth inch in size, and is wire and fiber free.
"De minimis quantities of used oil" as used in Section 16 of these Regulations means small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations; except that the term shall not include used oil discarded as a result of abnormal operations resulting in substantial leaks, spills, or other releases.
"Debris" means any discarded material that contains or consists of any of the following: construction, renovation and demolition debris (regardless of how it was generated), building or facility components, components of building systems (HVAC, plumbing, electrical, control, fire protection, roofing), components of pavement or drainage systems, industrial or machinery components, and/or mechanical components from motorized vehicles.
"Debt service" means the amount of principal and interest due on a loan in a given time period, typically the current year.
"Deficit" means the total annual revenues minus total annual expenditures.
"Department" means the Colorado Department of Public Health and Environment.
"Dewatered" means that the material has been subjected to a process that will remove free moisture from the material as determined by the paint filter test.
"Disease vector" means any animal, insect, bacterium or virus capable of transmitting disease, illness or harm to humans.
"Do-lt-Yourselfer (DIY)" as used in Section 16 of these Regulations means an individual who residentially generates "do-it-yourselfer" used oil.
"Do-lt-Yourselfer used oil collection center" as used in Section 16 of these Regulations means any site or facility that accepts, aggregates and stores residentially generated used oil collected only from do-it-yourselfers.
"Drop-off site" means a recycling consolidation site with no on-site processing; only collection of materials in a bin, roll-off, or other type of container.
"Dry Weight Basis" means weight calculated on the basis of material having been dried until reaching a constant mass, resulting in essentially a 100 percent solids content.
"Electronic Device" means a device that is marketed by a manufacturer for use by a consumer and that is a computer, peripheral, printer, facsimile machine, digital video disc players, video cassette recorder, or other electronic device specified by rule promulgated by the commission; or a video display device or computer monitor including a laptop, notebook, ultrabook, or netbook computer, television, tablet, or slate computer, electronic book, or other electronic device specified by rule promulgated by the commission that contains a cathode ray tube or flat panel screen with a screen size that is greater than four inches, measured diagonally. "Electronic device" does not include a device that is part of a motor vehicle or any component part of a motor vehicle, including replacement parts for use in a motor vehicle; a device, including a touch-screen display, that is functionally or physically part of or connected to a system or equipment designed and intended for use in any of the following settings, including diagnostic, monitoring, or control equipment: industrial; commercial, including retail; library checkout; traffic control; security, sensing, monitor, or counterterrorism; border control; medical; or governmental or research and development; a clothes washer or dryer; a refrigerator, freezer, or refrigerator and freezer; a microwave oven or conventional oven or range; a dishwasher, a room air conditioner, dehumidifier, or air purifier; or exercise equipment; a device capable or using commercial mobile radio service, as defined in 47 CFR 20.3, that does not contain a video display area greater than four inches, measured diagonally; or a telephone.
"Emergency" means an unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action and that constitutes a threat to life or health, or that may cause major damage to property.
"Emission" means the discharge or release into the atmosphere of one or more air pollutants.
"Empty container" means a container or inner liner removed from a container that has been emptied by the generator as much as possible using methods commonly used to remove waste or material from containers (e.g., if the material was pourable, then no material can be poured or drained from the container; if the material was not pourable, then no material can reasonably be removed by scraping). In the case of a container that held an acute hazardous waste, the container is considered empty when the container or inner liner has been triple rinsed using a solvent capable of removing the product, the container or inner liner has been cleaned by another method that has been shown to achieve equivalent removal, or the inner liner that prevented contact of the product with the container has been removed.
"Encapsulation" means coating the surface of a solid waste with material such as resins or plastics to substantially reduce the amount of soluble, miscible or suspended contaminants leached from the waste.
"Engineering design" means the analysis and design work prepared for construction, operation and closure of a solid waste disposal site or facility which may contain a preliminary report of design specifications, maps and plans drawn to a convenient and common scale, provides site or facility operation plans and site or facility closure plans, and contains all information and data otherwise specified by these regulations.
"Environmental Media" means earth materials including soil, sand, silt, gravel, rock, stone, sediment, and other naturally occurring solids.
"EP waste disposal facility" means a commercial solid wastes disposal site and facility that accepts the deposit of EP waste.
"Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
"Exemption" means, for the purposes of these regulations, that a facility shall be free or largely free of some permitting obligation as specifically provided in the Colorado Revised Statutes, 30-20-102.
"Existing landfill" means any landfill that has received solid waste as of the effective date of these regulation.
"Exploration and production waste" or "EP waste" means exploration and production waste, as that term is defined in section 34-60-103, C.R.S. EP waste is currently defined as wastes that are generated during the drilling of and production from oil and gas wells or during primary field operations and that are exempt from regulation as hazardous wastes under subtitle C of the federal "Resource Conservation and Recovery Act of 1976", 42 U.S.C. sec. 6901 to 6934, as amended.
"Explosive gas" means methane or other combustible gases, generated by decomposition in a facility for solid wastes disposal.
"Facility or solid waste disposal facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for solid waste disposal.
"Facility component" for purposes of Section 5.5, means any part of a facility including equipment. For the purpose of this definition, "facility" means (as defined in Air Quality Control Commission Regulation No. 8(5 CCR 1001-10, Part B):
"any institutional, commercial, public, industrial, or residentixal structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding: residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of the definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this subpart is not excluded, regardless of its current use or function."
"Facility structures" means any building, structure, or utility services trenches, temporary or permanent, at a facility for solid wastes disposal.
"Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to strata on the other side.
"Fault displacement" means the relative movement of any two sides of a fault measured in any direction.
"Favorable geologic conditions" means that a site selection shall emphasize tight soils, distance from ground water, deep aquifers and similar natural features.
"Floodplain" means lowland areas adjacent to inland surface waters that are inundated by the base flood.
"Food Processing Residuals" means compostable materials generated as a by-product of the industrial food processing sector that are non-toxic, non-hazardous, and contain no sanitary wastewater. The term does not include fats, oil, grease and Dissolved Air Flotation (DAF) skimmings.
"Food Processing Vegetative Waste" means material generated in trimming, reject sorting, cleaning, pressing, cooking, and filtering operations from the processing of fruits and vegetables and the like in food processing and packaging operations or similar industries that process food products. Food processing vegetative wastes include, but are not limited to, tomato skins and seeds, pepper cores, potato peels, cabbage, onion skins, celery pieces, cranberry hulls, cranberry tailings, rice hulls, carrot stems, and coffee grounds.
"Food Residuals" means pre- and post-consumer food discards from households and the commercial/institutional sector including but not limited to vegetables, fruits, grains, dairy products, meats, and compostable foodservice ware/packaging that may be commingled.
"Friable asbestos waste" means any asbestos waste that has been or can be pulverized or reduced to powder by hand pressure when dry.
"Friable asbestos-containing material" ("Friable ACM") means any material that contains asbestos and when dry can be crumbled, pulverized, or reduced to powder by hand pressure and that contains more than one percent asbestos by weight, area, or volume. The term includes non-friable forms of asbestos after such previously non-friable material becomes damaged to the extent that when dry it can be crumbled, pulverized, or reduced to powder by hand pressure as determined in the field by a CABI.
"Gas condensate" means the liquid generated as a result of gas recovery process[es].
"Geofabric" for the purposes of Section 5.5 means a permeable fabric or synthetic material used for both visual and physical separation.
"Good faith effort" means the required actions for a county to perform and document before the county commissioners may vote to exempt itself from the residentially generated electronic waste landfill ban.
"Governing body having jurisdiction" means the board of county commissioners if a site and facility is located in any unincorporated portion of a county and means the governing body of the appropriate municipality if a site and facility is located within an incorporated area.
"Green Waste" means any plant material that is either separated at the point of generation, or separated at a centralized facility. Green waste includes, but is not limited to, yard waste, vegetative plant wastes from the vegetable food processing industry, untreated wood wastes, paper products and pre-consumer vegetative food waste.
"Ground water" means any water below the land surface in a zone of saturation.
"Ground water protection standard" means those standards established by following 40 CFR 258.55(H) and (I) methodology or standards established by this Department (5 CCR 1002, effective as of November 20, 2018). The references incorporated herein are in accordance with Section 1.1.2 of these Regulations.
"Hazardous constituent" means the list of chemical parameters described in Appendix IB and II of these regulations and 6 CCR 1007-3, Part 261.3 Appendix VIM.
"Hazardous waste" means those substances and materials defined or classified as such by the Hazardous Waste Commission pursuant to 25-15-302, C.R.S., as amended.
"Health departments" means the Colorado Department of Public Health and Environment and a local health department if such entity exists.
"High wind warning" means that sustained winds of forty miles per hour (40 MPH) or greater, or gust of fifty five miles per hour (55 MPH) or greater, are expected to persist for one hour or longer, as defined by the National Weather Service.
"Holocene" means the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present.
"Home scrap metal" means scrap metal generated by steel mills, foundries, and refineries, including, but not limited to, turnings, cuttings, punchings, and borings.
"Household medical waste" means any medical waste generated by households. Does not include medical waste generated at health and residential care facilities regulated under the Standards for Hospitals and Health Facilities (6 CCR 1011-1).
"Household waste" means any solid waste generated by households, including single and multiple residences, and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas.
"Incineration" means the combustion of solid wastes in such a way as to:
"Incompatible wastes" means wastes which, when mixed, produce heat, pressure, fire, explosion, violent reaction, toxic mist, fumes or gases, or flammable fumes or gases.
"Incorporated into the soil" means the insertion of solid waste beneath the surface of soil or the mixing of solid wastes with the surface soil.
"Industrial recycling operation" means any site and facility operated for the purpose of processing, reclaiming, sorting, and recycling recyclable materials generated from industrial operations which includes but is not limited to construction and demolition debris, and other recyclable materials as determined by the Department.
"Industrial wastes" means all solid wastes, including mill tailings and mining wastes, resulting from the manufacture of products or goods by mechanical or chemical processes that are not a hazardous waste regulated under 6 CCR 1007-3, the Colorado Hazardous Waste Regulations. Such waste may include, but is not limited to, construction and demolition debris, and waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include oil and gas wastes regulated by the Colorado Oil and Gas Conservation Commission.
"Inert material" means non-watersoluble and non-putrescible solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids. The term includes, but is not limited to, earth, sand, gravel rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and other inert solids.
"Inert material facility" means a site and facility that accepts for disposal exclusively those materials defined herein as inert material.
"Infectious waste" means waste containing pathogens or biologically active material which because of its type, concentration and quantity could present a potential hazard to human health when improperly handled, stored, processed, transported or disposed of. Wastes presumed to be infectious medical waste include blood and body fluids, potentially infectious waste, pathological waste, sharps, trauma scene waste, and any additional waste determined to pose a sufficient risk of infectiousness as determined by the Department on a case-by-case basis. This also includes any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of any infectious medical waste. For purposes of these regulations, it does not include saliva, nasal secretions, sweat, tears, used feminine hygiene products, vomitus, urine or feces unrelated to isolation wastes, uncontaminated disposable bedding or garments, or lightly to moderately contaminated bandages, garments, etc. unless these wastes are soiled to the extent that the generator of the waste determines that they should be managed as infectious waste. Such wastes remain regulated under the provisions of Parts 1 through 3 of these regulations.
"Intermediate processing facility" means a facility designed to remove recyclables from unprocessed municipal solid waste, commonly referred to as a Dirty-MRF.
"Isolation waste" means contaminated material from humans or animals that are isolated because they are suspected or known to be infected with an infectious agent capable of causing a highly communicable, possibly lethal disease. National biosafety guidelines developed by agencies such as the U.S. Department of Health and Human Services, National Institutes of Health or the Centers for Disease Control and other medical professionals should be referenced when making this determination.
"Karst terrains" means areas that are characterized by surface and subterranean features, and that are developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terrains include, but are not limited to sinkholes, sinking streams, caves, large springs, and blind valleys.
"Land application facility" means an area where solid wastesss are applied onto or incorporated into the soil surface for the purposes of biological degradation, treatment, final disposal, or beneficial purposes.
"Land disposal" as used in Section 16 of these Regulations means placing, discarding, or otherwise disposing of residentially generated solid wastes:
"Landfill" means a discrete area of land or an excavation where solid wastes are placed for final disposal, which is not a land application unit, waste impoundment, or waste pile. Landfills include, but are not limited to, ash monofills, construction and demolition landfills, industrial landfills, sanitary landfills, tire monofills and similar facilities where final disposal occurs.
"Landfill phase" means a subpart of a landfill.
"Lateral expansion" means any horizontal expansion of previously approved waste management unit boundaries for which the Department has not approved as-built construction documents.
"Leachate" means liquid that has passed through or had contact with solid wastes and may contain soluble, miscible, or suspended constituents removed from the wastes.
"Lead-acid battery" as used in Section 16 of these Regulations means a battery that:
"Leak tight" means that solids, liquids, or gases cannot escape or spill out. It also means dust tight.
"Liner" means a continuous layer of natural or man-made materials beneath and on the sides of a waste impoundment or landfill which restricts or prevents the downward or lateral escape of solid waste, its constituents, or leachate. A liner is also used in cap construction to prevent and control vertical movement of fluids.
"Liquid waste" means any waste material that is determined to contain "free liquid".
"Lithified earthen material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include manmade materials, such as fill, concrete, and asphalt, or unconsolidated earthen materials, soil, or regolith lying at or near the earth surface.
"Local governing authority" means the governing body having jurisdiction.
"Local requirements" means all zoning, laws, resolutions or ordinances related to or enforced on solid waste disposal promulgated by counties, municipalities or other political subdivisions of the state and the specifications and requirements identified as part of a certificate of designation.
"Low Emissions Methods" means soil disturbing activities that will not result in visible emissions without the use of wet methods.
"Lower explosive limit" means the lowest percent, by volume, of a mixture of explosive gas or gases in air that will propagate a flame at 25°C (77°F) and at standard atmospheric pressure.
"Lubricating oil" as used in Section 16 of these Regulations means the fraction of crude oil or synthetic oil used to reduce friction in motorized equipment. "Lubricating oil" includes rerefined oil.
"Management" means the handling, storage, collection, transportation and disposal of solid waste.
"Manure" means accumulated animal excrement. This includes feces and urine, as well as any bedding material, spilled feed, or soil that is mixed with feces or urine.
"Material recovery facility (MRF)" means a facility consisting of structures, machinery, devices, or persons to sort, bale, or otherwise manage or process source separated recyclable materials prior to conveyance to end markets.
"Maximum horizontal acceleration in lithified earth material" means:
"Mechanical" means operated or produced by mechanism, tool or machine.
"Medical Waste" means any infectious, pharmaceutical or trace chemotherapy waste generated in a health care setting in the diagnosis, treatment, immunization, or care of humans or animals; generated in autopsy or necropsy; generated during preparation of a body for final disposition such as cremation or interment, generated in research pertaining to the production or testing of microbiologicals; generated in research using human or animal pathogens; or related to accident, suicide, or other physical trauma. Medical waste does not include fluids, tissues or body parts removed from the whole body for the purposes of donation, research or other use, or those returned to the person from whom they were removed, or their authorized representative, as long as the material is rendered safe for handling. For purposes of these regulations, this does not include medications reused in compliance with 6 CCR 1011-1 Chapter II Part 7.200 et. seq. or 6 CCR 1015-10.
"Medical waste generator" means any person, as defined in these regulations, whose act or process produces medical waste. This includes, but is not limited to, generators at hospitals, clinics (such as medical, dental and veterinary), surgery centers, dialysis centers, blood banks, long term care facilities, hospices, funeral homes, laboratories (such as clinical, diagnostic, pathological, veterinary and biomedical research), pharmacies, body art establishments (such as where body piercing, tattooing, branding, sculpting and scarification are performed), acupuncture facilities, trauma scene cleanup sites, facilities holding shot clinics or health fairs, other health-related facilities or events, educational and research facilities, and pet shops.
"Medical Waste Management Plan" means a document that must be developed and implemented by medical waste generators that designates all of the medical wastes generated by the facility, waste handling techniques to be used at the facility, contingency plans for spills or releases, staff training requirements, and designation of the person responsible for implementation of the management plan.
"Medical waste treatment" means any validated method, technique, or process designed to change the biological character or composition of a medical waste so as to minimize its potential to harm human health or the environment.
"Mill tailings" means an industrial solid waste generated by the mechanical or chemical processing of minerals for subsequent conversion into useable forms such as a metal, a metallic compound, an energy source, or raw material for manufacture.
"Minimum access" means the lack of infrastructure within a county as specified in Section 16 that would result in a county being able to pursue an exemption from the residentially generated electronics waste landfill ban.
"Mining waste" means overburden to be discarded and other industrial wastes directly related to the preparation, development and operation of mineral extraction facilities. Mining waste includes only waste material directly connected with the cleaning and preparation of substances mined by an operation are managed at the mine site where they are generated.
"Mixed Solid Waste" means a mixture of compostable and non-compostable discards and may contain household and other municipal solid wastes.
"Mobile Processor" means a person who processes waste tires at a location other than the location of the person's certificate of registration.
"Monofill" means a landfill or section of landfill at which only one type of waste is accepted for disposal.
"Motor vehicle" means a self-propelled vehicle that is designed for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low speed electric vehicle. "Motor vehicle" includes automobiles, minivans, all trucks, motor homes, and motorcycles.
"Municipal solid waste" means solid waste from household, community, commercial and industrial sources that does not contain hazardous wastes as defined in Section 25-15-101(9) of the Colorado Hazardous Waste Act unless otherwise regulated by the Department.
"Municipal solid waste landfill (MSWLF)" means a sanitary landfill where one of the main waste streams accepted is municipal waste.
"Municipal solid waste incinerator ash" means the bottom ash, fly ash or air pollution control residues and other residuals of the combustion process from the operation of incinerator or energy recovery facilities managing municipal solid waste.
"Municipality" means a home rule or statutory city, town, or city and county, or territorial charter city.
"National Priorities List (NPL)" means the list, compiled by the U.S. Environmental Protection Agency pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9605, of uncontrolled hazardous substance releases in the United States that are priorities for long-term remedial evaluation and response. For the purposes of this regulation, this term also includes sites that have been deleted from the NPL following completion of the cleanup, but for which there are required, ongoing operation and maintenance activities (including the implementation of institutional controls).
"Noise pollution" means sound levels radiating from the site boundary, at a distance of twenty five feet (25') or more, in excess of standards established in Sections 101 and 103 of the "Colorado Noise Abatement Act", Title 25, Article 12, Part 1, CRS, as amended.
"Noncommercial burning of trash" means the combustion of solid wastes in accordance with CRS 30-20-110 of the Act.
"Nonfriable asbestos waste" means any asbestos waste other than friable asbestos waste.
"Non-Regulated Asbestos Contaminated Soil" ("Non-RACS") means soil or debris that contains only:
"Nuisance conditions" are those which may result from explosive gas, bird hazards, disease vectors, odors, windblown solid wastes or cover materials, open burning, water pollution, air pollution, noise pollution and traffic congestion.
"On-site recycling" means recycling operations where the processing of recyclable materials occurs on the same site or under the same ownership from where the recyclable materials are generated and that recycle and store only materials generated on site or under continuous ownership and meet the performance standards set forth in Section 8.
"Open burning" means the uncontrolled or unconfined combustion of solid wastes at a facility for solid waste disposal without the following: Control of combustion air to maintain adequate temperature for efficient combustion; containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and control of the emission of the combustion products.
"Operator" means the person(s) responsible for the overall operation of a facility or part of a facility.
"Other Compatible Materials" means the minimum quantity of materials necessary to achieve and maintain an appropriate porosity, moisture level or carbon to nitrogen (C:N) ratio for proper composting. Such materials are limited to Type 1 feedstocks, manure and green wastes as defined in Section 1 and Subsection 14.1.2 of these Regulations, or other materials approved by the Department and governing authority.
"Owner" means the person(s) who owns a facility or part of a facility.
"Paint producer" means an original producer of architectural paint that sells, offers for sale, or distributes architectural paint within or into Colorado under either the producer's own name or a brand that the producer manufactures.
"Paint stewardship organization" means a corporation, nonprofit organization, or other legal entity created or contracted by one or more producers to implement a paint stewardship program.
"Paint stewardship program" means a program created in accordance with Section 25-17-405 C.R.S.
"Pathogens" means disease-causing organisms.
"Pathological waste" means all tissues, organs, limbs, products of conception, and other body parts removed from the whole body. Includes, but is not limited to, tissues; organs; body parts removed during surgery, autopsy or other medical procedures; and human anatomical remains. Also includes contaminated animal tissue (including animal carcasses and body parts) from animals known to have been exposed to infectious substances during research, production of biologicals, testing of pharmaceuticals, or other exposures and those known or suspected of being contaminated with infectious substances known to be contagious to humans. This does not include contaminated animal waste that is regulated under Section 14 of these regulations.
"Peripheral" as used in Section 16 of these regulations means a keyboard, mouse, or other device that is sold exclusively for external use with a computer and provides input or output into or from a computer.
"Person" means an individual, partnership, private or municipal corporation, firm, board of metropolitan district or other sanitation district, or other association of persons.
"Person" as used in Section 16 of these Regulations means an individual. "Person" shall not include waste haulers, as defined in this Section.
"Pharmaceutical" means any prescription or over-the-counter chemical product, vaccine or allergenic that is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals. This includes, but is not limited to, drugs, pills or tablets; medicinal gums or lozenges; medicinal liquids, ointments and lotions; intravenous (IV) or other compounded solutions; live vaccines; non-hazardous attenuated vaccines; allergenics; medicinal shampoos; antiseptics; medicinal dermal patches; and any delivery devices with the primary purpose to deliver or dispense a medicinal chemical product, vaccine or allergenic.
"Pilot" or "Pilot Project" means a restricted composting operation at an existing or new facility where the specific purpose is to investigate an alternative feedstock or to research operational methods.
"Point of compliance" as referred to in Section 2.2, 3.2.5 and 3.5 shall be located on land owned by the owner of the site and facility and means either:
"Poor foundation conditions" means those areas where geological features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of the facility.
"Potentially infectious waste" means any waste known or suspected to be contaminated with a transmissible infectious agent potentially capable of causing disease or injury. Includes, but is not limited to, cultures and stocks from pathological, medical, research, and industrial laboratories; wastes from the production of biologicals; devices used to transfer, inoculate, and mix cultures; isolation wastes; biohazardous waste, contaminated animal bedding from animals known to have been exposed to infectious substances during research, production of biologicals, testing of pharmaceuticals, or other exposures and those known or suspected of being contaminated with infectious substances known to be contagious to humans. This category also includes items that are capable of releasing blood or body fluids in any form during handling or storage and items that are caked with dried blood or body fluids that could be released during handling or storage; wastes from surgery, autopsy or other medical or laboratory procedures such as visibly contaminated sponges, soiled dressings, drapes, surgical gloves, drainage sets, and dialysis wastes in contact with blood; unbroken blood vials, drainage sets, dialysis wastes, suction canisters, hemovacs, or IV bags and tubing (without needle attached) containing blood or body fluids. This does not include contaminated animal bedding that is regulated under Section 14 of these regulations.
"Practicable solid waste management alternative" means a materials or resource recovery facility, transfer station or any other alternative to the existing landfill, which the owner or operator has determined will, if utilized as an alternate disposal site to solid waste management alternative:
"Preliminary report" means an initial report prepared by qualified professionals, including geologists, land surveyors, ground water specialists, engineers and others which contains technical information regarding geologic, engineering and hydrologic data and site information, and other data which the Department deems necessary.
"Processed scrap metal" means scrap metal that has been manually or physically altered to separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to:
"Processed Solid Waste" means the material from a post collection solid waste stream that has been separated for use in the composting process.
"Processing" means performing operations to solid waste and recyclable materials that allows for the purpose of proper solid waste disposal, recycling, composting, or incineration including but not limited to the operations of separating material by type, grade or color, sorting, crushing, grinding, shredding, baling, removing contaminants and modifying material properties.
"Product" means the material or the good generated as a result of processing source separated recyclable materials for which no further processing is required prior to final utilization.
"Producer" as defined in Section 25-17-703(30) C.R.S.
"Project" means any soil disturbing activity that involves Regulated Asbestos Contaminated Soil (RACS) within a planned geographic area(s) of disturbance, as defined in the Notification of RACS Disturbance form submitted for that specific management or remediation scope, starting from the time of first RACS disturbance and continuing through final RACS removal or stabilization and final demobilization. A project may include one or more Regulated Work Areas (RWAs), and start dates and stabilization dates for individual RWAs within a project may be different.
"Project Specific RACS Management Plan" ("PSRMP") means a Regulated Asbestos Contaminated Soil (RACS) management plan for a single project submitted in accordance with Section 5.5.5(A).
"Promptscrap metal" means scrap metal generated by the metal working or fabrication industries, including, but not limited to, turnings, cuttings, punchings, and borings. "Promptscrap metal" includes industrial metal scrap and new scrap metal.
"Public project" means:
"Putrescible wastes" means those solid wastes that contain organic matter capable of being decomposed by microorganisms, and of such a character and proportion as to be capable of attracting or providing food for birds or disease vectors.
"Pyrolysis" means the thermochemical decomposition of material at elevated temperatures without the participation of oxygen.
"Qualified ground water scientist" is a scientist or engineer who has received a baccalaureate or postgraduate degree in the natural sciences or engineering and has sufficient training and experience in ground water hydrology, and related fields as may be demonstrated by state registration, professional certifications, professional experience or completion of accredited university programs that enable that individual to make sound professional judgements regarding ground water monitoring, contaminant fate and transport, and corrective action.
"Qualified Project Monitor" ("QPM") means an individual who has the training and/or experience necessary to identify materials suspected of containing asbestos and who has the authority to make prompt decisions relating to the management of such materials, and who meets the training requirements in Section 5.5.3.
"RACS Determination" for the purpose of Section 5.5 means a determination, conducted in the field by a Certified Asbestos Building Inspector (CABI), of the friability of Asbestos Containing Material (ACM) and the probability of non-friable ACM to release fibers based on the condition of the material and the forces that are expected to act on it during disturbance. Determinations of friability shall be based on the requirements for such determinations set forth in Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B). Determinations of the probability for non-friable ACM to release fibers during disturbance shall be based on the following:
"Recapped or retreaded tire" means a previously worn tire which has gone through a remanufacturing process designed to extend its useful service life.
"Recyclable materials" means any type of discarded or waste material that is not regulated under Section 25-8-205(1)(e), C.R.S., and can be reused, remanufactured, reclaimed, or recycled but not including recycled auto parts or excluded scrap metal that is being recycled, or scrap that is composed of worn out metal or metal product that has outlived its original use, commonly referred to as obsolete scrap.
"Recyclable material end user" includes all manufacturing operations that perform processing of municipal solid waste recyclable materials to be utilized as a raw material for fabrication of a product for normal business operations.
"Recyclable material generator" includes any business or institution that annually generates and consolidates over 100 tons of municipal solid waste recyclable material and ships directly to end markets or processing facilities out of state for recycling.
"Recycling facility" means a separate facility, or a part of a solid waste disposal facility, where recycling operations are conducted.
"Regulated Asbestos Contaminated Soil" ("RACS") means soil, ash or debris (plus six (6) inches in all directions of surrounding soil or other matrix material) containing:
"Regulated work area" ("RWA") as used in Section 5.5 of these regulations means the portion(s) of a site at which soil disturbing activities involving RACS occur.
"Remediation" or "Remediate" means a cleanup or removal to prevent or minimize the possible current or future release of hazardous substances to prevent an unacceptable threat to present or future public health, welfare or the environment.
"Remedy" or "Remedial action" means those actions consistent with a permanent remedy taken instead of, or in addition to, removal action in the event of a release or threatened release of hazardous substance into the environment, to prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to present or future public health and welfare or the environment. The term includes, but is not limited to, such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative water supplies, any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment, and, where appropriate, post-removal site control activities. The term includes the costs of permanent relocation of residents and businesses and community facilities (including the cost of providing "alternative land of equivalent value" to an Indian tribe pursuant to CERCLA section 126(b)) where the U.S. Environmental Protection Agency determines that relocation is more cost-effective than, and environmentally preferable to, the transportation, storage, treatment, destruction, or secure disposition off-site of such hazardous substances, or may otherwise be necessary to protect public health or welfare; the term includes off-site transport and off-site storage, treatment, destruction, or secure disposition of hazardous substances and associated contaminated materials.
"Remove" or "Removal" means the cleanup or removal of released hazardous substances from the environment; such actions as may be necessary taken in the event of the threat of release of hazardous substances into the environment; such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances; the disposal of removed material; or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment, which may otherwise result from a release or threat of release. The term includes, in addition, without being limited to, security fencing and other measures to limit access, provision of alternative water supplies, temporary evacuation and housing of threatened individuals not otherwise provided for, action taken under section 104(b) of CERCLA, post-removal site control, where appropriate, and any emergency assistance which may be provided under the Disaster Relief Act of 1974.
"Render non-infectious" means to treat infectious waste by inactivating pathogens and other biologically active material to a level that will no longer present a potential hazard of infection when managed, stored or disposed.
"Residentially generated" as used in Section 16 of these Regulations means used lead-acid batteries, or used oil generated by a person or by removal of said items from a personal vehicle not used primarily for a commercial or business purpose.
"Residual sludge" means solids, semi- solids or liquids remaining in a waste impoundment after final evaporative or other treatment or storage of the waste is completed, or which may be dredged out during the active life.
"Response activity" means remove, removal, remedy, or remedial action, including enforcement activities related thereto.
"Retailer" as used in Section 16 of these Regulations means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that engages in the sale of new lead-acid batteries, electronic devices, or lubricating oil directly to the consumer.
"Reverse distributor" means a registrant with the US Drug Enforcement Administration (DEA) who receives controlled substances acquired from another DEA registrant for the purpose of returning unwanted, unusable, or outdated controlled substances to the manufacturer or the manufacturer's agent; or where necessary, processing such substances or arranging for processing such substances for disposal.
"Risk-Based Air Threshold" for the purpose of Section 5.5 means one of the following thresholds based on project duration and receptor population, or as approved by the Department, as determined based on the sampling, analytical, and data evaluation procedures provided in Appendix 5A:
"Rubber mulch" is a type of mulch-sized rubber material, which is one-fourth inch to three inches in size, which is made from waste tires, and is wire and fiber free.
"Run-off" means any precipitation or surface water that has not contacted solid waste material and that drains over land from any part of a facility.
"Run-on" means any precipitation or surface water that drains over land on to any part of a facility.
"Rural County" means a county with a population of fewer than sixty thousand residents.
"Sanitary landfill" means a discrete area of land or an excavation for which the final disposal of solid waste employs a method to obtain the most dense volume practicable of the waste and covering with earth or other suitable material. A sanitary landfill may receive household waste, community waste, municipal solid waste, commercial waste, and industrial waste.
"Saturated zone" means that part of the earth's crust in which all voids are filled with water.
"Secondary lead smelter" as used in Section 16 of these Regulations means a facility that recycles lead-bearing scrap materials into elemental lead or lead alloys by smelting.
"Seismic impact zone" means an area with a ten percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull will exceed 0.10G in 250 years.
"Self-certification checklist" means a checklist of regulatory requirements applicable to entities affected by one or more Sections of these Regulations.
"Sharps" means any discarded article that may purposely or accidentally puncture or cut the skin or mucosa. Includes, but is not limited to, used needles; scalpel blades; syringes (with attached needle); pen needles; lancets; pasteur pipettes; broken blood vials; needles with attached tubing; suture needles; razor blades; tattoo pens and toothpicks; broken culture tubes and culture dishes, regardless of presence of infectious substances; broken and unbroken glassware that were in contact with infectious substances (e.g., used slides and cover slips); disposable trocars; and discarded unused or expired hypodermic needles, suture needles, syringes, and scalpel blades.
"Sharps container" means a container that is closable, puncture resistant, leakproof on the sides and bottom, and labeled or color coded in accordance with the Occupational Safety and Health Administration (OSHA) requirements.
"Shredded circuit boards" means shredded electronic circuit boards that:
"Significant" means, in the context of differentiating between liquid or semisolid waste streams, a difference of one order of magnitude in the concentration of any constituent.
"Site" or "solid waste disposal site" means the location for a facility chosen based upon geologic, hydrogeologic and operational considerations. For the purpose of Section 5.5 of this regulation, "site" means the area or areas where soil-disturbing activities are occurring or will occur.
"Site boundary" means the outermost perimeter of a solid waste disposal site and facility, as designated pursuant to the Act.
"Sludge" means any solid or semi-solid waste generated by a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility.
"Soil-disturbing activities" means digging, excavating, staging, loading, stockpiling, backfilling, compacting, grading, tilling, drilling, intrusive sampling, and equipment or vehicle movement or any other mechanical activity, that when used, disturbs the surface and/or subsurface soil. For the purposes of Section 5.5 disturbance or removal of debris and/or RACS is considered a soil disturbing activity. For the purposes of Section 5.5 hand disturbance or removal of RACS is subject to this regulation, but is not considered to be a mechanical disturbance.
"Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations or community activities. "Solid waste" does not include any solid or dissolved materials in domestic sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions of the "Colorado Water Quality Control Act", Title 25, Article 8, CRS or materials handled at facilities licensed pursuant to the provisions on "Radiation Control Act" in Title 25, Article 11, CRS. "Solid waste" does not include:
"Solid waste disposal" means the storage, treatment, utilization, processing, or final disposal of solid wastes.
"Solid waste disposal site and facility" means the location and/or facility at which the deposit and final treatment of solid wastes occur.
"Solid waste incinerator ash" means the bottom ash, flyash or air pollution control residues and other residuals of the combustion process from the operation of incinerator or energy recovery facilities managing solid waste.
"Source Separated" means solid waste segregated at the point of generation for special handling, disposal, composting or recycling.
"Source Separated Organics" means compostable material that has been separated from non-compostable material at the point of generation, including but not limited to yard waste, food residuals, vegetative waste, woody materials, and compostable products.
"Stabilization" means mixing of a solid waste with Portland cement, or a combination of Portland cement and fly ash or cement kiln dust, to substantially reduce the amount of soluble, miscible or suspended contaminants leached from the waste.
"Staging" for the purposes of Section 5.5, means the accumulation of RACS in the RWA for twelve (12) hours or less.
"Standard Operating Procedure" ("SOP") means a RACS management plan for multiple projects submitted in accordance with Section 5.5.5(B).
"Stockpiling" for the purposes of Section 5.5, means the accumulation of RACS that will exist for more than twelve (12) hours, up to and including ten (10) calendar days.
"Storage" for the purposes of Section 5.5, means the accumulation of RACS greater than ten (10) days, but not exceeding six (6) months unless a longer timeframe is approved by the Department and complies with local governing authority requirements.
"Structural component" means liner, leachate collection system, final cover, run-on/run-off control system, or any other component which is used in the construction and operation of the facility and are necessary for protection of human health and the environment.
"Structurally rigid container" means a container capable of maintaining its shape when unsupported.
"Surface water" means water that flows on the land surface, or is tributary to such water.
"Tank" means a stationary device, designed to contain an accumulation of material, that is constructed primarily of non-earthen materials (e.g. wood, concrete, steel, plastic) that provide structural support.
"Tank system" means storage or processing tank(s) and associated ancillary equipment and containment system(s).
"Technologically enhanced naturally occurring radioactive material" (TENORM) means naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices. "TENORM" does not include:
"TENORM Radionuclides" means Radium-226, Radium-228, Lead-210, and Polonium-210.
"Three year rolling average" means for an existing recycling facility or waste tire processor an arithmetical average of the quantity (by weight or volume) of recyclable materials recycled at the facility during the previous three calendar years. This average shall be at least 75% by weight or volume (determined using a consistent measure) of the total amount of recyclable materials accumulated and currently in storage over a 3-year rolling average.
"Tire" means a rubber cushion that fits around a wheel.
"Tire-Derived Product" means matter that:
"Total expenditures" means all expenditures excluding capital outlays and debt repayment.
"Total revenues" means revenues from all taxes and fees but does not include the proceeds from borrowing or asset sales, excluding revenue from funds managed by the local government on behalf of a specific third party.
"Trace chemotherapy waste" means any empty container used to hold an antineoplastic drug (except P-listed hazardous waste), and contaminated items used with these drugs, such as gowns, wipes, or gloves.
"Trailer" means a wheeled vehicle, without motive power, that is designed to be drawn by a motor vehicle.
"Transfer station" means a facility at which refuse, awaiting transportation to a disposal site, is transferred from one type of containerized collection receptacle and placed into another or is processed for compaction.
"Transportation" means transport of persons or property by motor vehicle, bus, truck, railroad, light rail, mass transit, airplane, bicycle, or any other form of transport. Transportation includes pedestrian transportation.
"Trauma scene waste" means waste generated by the decontamination of accident scenes, crime scenes, suicides and other scenes of serious human injury or death. Trauma scene waste is a special category of medical waste that is comprised of other categories of medical waste, including blood and body fluids, pathological waste, pharmaceutical waste, potentially infectious waste and various types of sharps. This waste stream includes, but is not limited to, contaminated flooring, furniture, drywall, clothing, bedding, cleaning solutions, personal protective equipment (PPE), wipes and absorbents, and sharps contaminated with blood and body fluids or other potentially infectious material.
"Treatment" means performing a type of solid waste disposal, which includes but is not limited to, shredding, baling, liquid evaporation, and nonbeneficial sludge landspreading.
"Ultimate customer" means an individual who actually purchases the tire-derived product and makes final use of the tire-derived product.
"Underground source of drinking water" means an aquifer or its portion:
"Unstable area" means a location that is susceptible to natural or man- induced events or forces capable of impairing the integrity of some or all of the landfill structural components which are necessary for the prevention of releases from a landfill. "Unstable areas" can include poor foundation conditions, areas susceptible to mass movements, and karst terrains.
"Uppermost aquifer" means the aquifer nearest the ground surface as well as other aquifers which are hydraulically connected with this aquifer within the facility boundary or adjacent to the facility boundary.
"Used lead-acid battery" as used in Section 16 of these Regulations means any lead-acid battery that is no longer functional or no longer used for its primary purpose.
"Used oil" as used in Section 16 of these Regulations means any residentially generated motor oil, refined from crude oil or a synthetic oil, that has been used and as a result of that use is contaminated by physical or chemical impurities.
"Used tire" means a tire that was previously used as a tire and is graded and classified for reuse as a tire based on specifications and criteria maintained pursuant to section 30-20-1410(1)(a), C.R.S.
"Vegetative Waste" means compostable materials generated by the production, harvesting and processing of agricultural or horticultural plants. These residues include but are not limited to stalks, stems, leaves, seed pods, husks, bagasse, and roots. Vegetative waste also includes woody materials and yard waste. Vegetative waste does not include food processing residuals, oil, grease or dairy wastes.
"Vermicomposting" means an activity that produces earthworm castings through earthworm activity associated with consumption of organic materials.
"Visible" means capable of being seen with the unaided eye.
"Visible emissions" means any airborne or liquid emissions, coming from, or having come into contact with RACS, which are visually detectable without the aid of instruments. Proper disposal of appropriately filtered decontamination water does not constitute a visible emission.
"Visual Inspection" for the purposes of Section 5.5 means observation with sufficient proximity to identify discrete visible materials, while maintaining the safety of the inspector.
"Waiver" for the purposes of these regulations shall mean a formalized process whereby an applicant may request to be excused from specific portions of these regulations. In general a defensible technical argument must be presented and verified before a waiver may be granted.
"Washout" means the carrying away of solid waste by waters of the base flood.
"Waste electronic device" means a residentially generated device managed or deemed as solid waste, originally marketed by a manufacturer that is a computer, printer, facsimile machine, digital video disc player, video cassette recorder, peripheral, radio, stereo, video game console or a video display device or computer monitor including a laptop, television, computer monitor, notebook, ultrabook, netbook, tablet, or electronic book that contains a cathode ray tube or a flat panel screen with a screen size greater than four inches measured diagonally; but does not include any type of telephone.
"Waste hauler" means any individual or any employee or agent of a partnership, private, county, or municipal corporation, firm, board of a metropolitan district, or other association of persons that haul waste under contract, agreement, or as otherwise provided by law, to solid wastes disposal sites and facilities.
"Waste impoundment or impoundment" means a facility or part of a facility that is a natural topographic depression, excavation, pit, pond, lagoon, trench, or diked area. An impoundment, which may be lined with earthen material or synthetic material, is designed for storage, treatment or final disposal of solid waste. Examples of impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
"Waste management unit boundary" means a vertical surface located at the hydraulically downgradient limit of the area to be filled. This vertical surface extends down into the uppermost aquifer.
"Waste pile or pile" means any noncontainerized accumulation of solid, non-flowing waste that is used for treatment or storage or processing.
"Waste stream" means a relatively uniform solid waste, produced by the same or a similar process or generator over time. Different waste streams are distinguished by significantly larger or smaller concentrations of one or more constituents as determined by standard test methods or inspection.
"Waste Tire" means a tire that is modified from its original specifications but not processed into a tire-derived product, is no longer being used for its initial intended purpose as a tire, and is not a used tire.
"Waste Tire Bale" means a temporary use of waste tires that are mechanically compressed and bound into block form and are secured using stainless steel or heavy gauge baling wire.
"Waste Tire Cleanup Program" means the program created by part 14 of article 20 of title 30, C.R.S.
"Waste Tire Collection Facility" means a facility at which waste tires are stored awaiting pickup by a registered waste tire hauler for transportation to a registered waste tire processor or registered waste tire monofill.
"Waste Tire Generator" means a person who generates motor vehicle or trailer waste tires. The term includes new tire retailers, used tire retailers, automobile dealers, automobile dismantlers, public and private vehicle maintenance shops, garages, service stations, car care centers, automotive fleet centers, local government fleet operators, and rental fleet operators.
"Waste Tire Hauler" means a person who transports ten or more waste tires in any one load.
"Waste Tire Monofill" means part or all of a solid waste disposal site and facility that has been issued a certificate of designation and at which only waste tires are accepted.
"Waste Tire Processor" means a person who processes a waste tire into a tire-derived product.
"Water pollution" means the manmade or man-induced alteration of the background physical, chemical, biological or radiological integrity of ground water or surface water.
"Water treatment plant sludge disposal" means the final disposal of the accumulated solids from the processing of raw water in a treatment plant of a municipality or industry.
"Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
"Wetlands"generally include swamps, marshes, bogs, and similar areas.
"Wholesaler" as used in Section 16 of these Regulations means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that sells new lead-acid batteries, electronic devices, or lubricating oil for resale.
"Within Vessel Composting" means a process in which compostable material is enclosed in a drum, silo, bin, tunnel, reactor, bag, or other container for the purpose of producing compost.
Woody materials" means residuals and of cutting trees, including but not limited to tree stumps, sawdust, pallets, and dimensional lumber that has not been treated chemically or with adhesives and coatings such as paint, glue, or any other visible contaminant.
"Working day" means Monday through Friday and including holidays that fall on any of the days Monday through Friday.
"Working face" means that portion of a facility for solid wastes disposal where solid wastes are actively unloaded, placed, compacted and covered, at anytime of operation.
"Yard Waste" means waste generated from yard maintenance, including garden waste, grass clippings, leaves and branches. Yard waste can also include vegetative materials resulting from the use of commercial products, including but not limited to discarded flowers, potted flowers, or grave blankets that do not include plastic, metal, polystyrene foam, or other nonbiodegradable material.
"Yards per day" means the cubic yardage of material a facility receives at the gate, for each 24 hour period.
"100 Year flood" means a flood that has a 1 percent or greater chance of recurring in any given year or a flood of a magnitude equalled or exceeded once in 100 years, also called (base flood).
All extensions of the ground water and corrective action requirements, beyond the dates listed in (1) and (2) above, shall be based upon the criteria specified in 40 CFR 258.50 and shall in no way extend beyond October 9, 1996, or otherwise violate the requirements of Subtitle D of RCRA.
Section Two is meant to be used in conjunction with all other sections. The Department recognizes that all the criteria may not be applicable to all sites, facilities or waste streams.
Notwithstanding the provisions in Section 1.3 of these regulations, the following facilities for solid wastes disposal shall be approved sites and/or facilities for which obtaining a certificate of designation under provisions of these regulations shall not be necessary for:
Minimum information required for a waiver request shall consist of:
DOCUMENT REVIEW AND ACTIVITY FEES SCHEDULE | |
Task | Ceiling Fee |
Notification/Registration/Bonds | $1,000 |
Certificate of Designation Application | $35,000 |
Design and Operation Plan Modification | $25,000 |
Construction CQA Report | $5,000 |
Ones Own Waste Design & Operation Plan | $35,000 |
Audit Reports | $5,000 |
Financial Assurance- Annual | $3000 |
Financial Assurance- 5 yr | $5000 |
Monitoring Reports (e.g., groundwater landfill gas, remediation's) | $3,000 |
Corrective Action, Remediation & Pilot Project Plans (e.g., gas, groundwater, geotechnical, storm-water, site visit, meetings etc.) | $10,000/calendar year |
Closure Plans and modifications | $5,000 |
Post-Closure Plans and modifications | $5,000 |
Transfer Station Operating Plan | $10,000 |
Asbestos Contaminated Soil Facilities | $15,000/area/calendar year |
Compost Facility Design & Operation Plan | $15,000 |
General Correspondence | $500 |
Special Requests | $10,000 |
1) | Twenty- two cents ($0.22) per cubic yard or seventy-three cents ($0.73) per ton on each load transported into the solid waste disposal site for disposal by any vehicle, or an equivalent amount determined using the conversion factors in subsection 1.7.4(A)(4) to support the costs described in § 25-16-104.5 (1.7)(a)(I), C.R.S.; | Solid Waste User Fee | Cubic Yard Rate | Ton Rate |
Solid Waste Program § 25-16-104.5 (1.7)(a)(I) | $0.22 | $0.73 | ||
2) | Zero cents ($0.00) per cubic yard or zero cents ($0.00) per ton on each load transported into the solid waste disposal site for disposal by any vehicle, or an equivalent amount determined using the conversion factors in subsection 1.7.4(A)(4) to support the costs described in § 25-16-104.5 (1.7)(a)(II), C.R.S.; and | Hazardous Substance Response Fund § 25-16-104.5 (1.7)(a)(II) | $0.00 | $0.00 |
Department of Law § 25-16-104.5 (1.7)(a)(III) | $0.03 | $0.10 | ||
3) | Three cents ($0.03) per cubic yard or ten cents ($0.10) per ton on each load transported into the solid waste disposal site for disposal by any vehicle, or an equivalent amount determined using the conversion factors in subsection 1.7.4(A)(4) to support the costs described in § 25-16-104.5 (1.7)(a)(III), C.R.S. | Total SWUF Note: Does not include RREO fee as defined in § 25-16-104.5 (3.9) | $0.25 | $0.83 |
1) | Seventeen cents ($0.17) per cubic yard or fifty-seven cents ($0.57) per ton on each load transported into the solid waste disposal site for disposal by any vehicle, or an equivalent amount determined using the conversion factors in subsection 1.7.4(A)(4) to support the costs described in § 25-16-104.5 (1.7)(a)(I), C.R.S.; | Solid Waste User Fee | Cubic Yard Rate | Ton Rate |
Solid Waste Program § 25-16-104.5 (1.7)(a)(I) | $0.17 | $0.57 | ||
2) | Five cents ($0.05) per cubic yard or seventeen cents ($0.17) per ton on each load transported into the solid waste disposal site for disposal by any vehicle, or an equivalent amount determined using the conversion factors in subsection 1.7.4(A)(4) to support the costs described in § 25-16-104.5(1.7)(a)(II), C.R.S.; and | Hazardous Substance Response Fund § 25-16-104.5(1.7)(a)(II) | $0.05 | $0.17 |
Department of Law § 25-16-104.5(1.7)(a)(III) | $0.03 | $0.10 | ||
3) | Three cents ($0.03) per cubic yard or ten cents ($0.10) per ton on each load transported into the solid waste disposal site for disposal by any vehicle, or an equivalent amount determined using the conversion factors in subsection 1.7.4(A)(4) to support the costs described in § 25-16-104.5(1.7)(a)(III), C.R.S. | Total SWUF Note: Does not include RREO fee as defined in § 25-16-104.5(3.9) | $0.25 | $.83 |
4) | Conversion factors: Any solid waste disposal facility or jurisdiction may use the following conversion factors when calculating Solid Waste User Fees : a. 0.333 cubic yards/passenger car b. 0.666 cubic yards/light duty truck/suv c. 3.333 cubic yards/ton for municipal solid waste d. 5.000 cubic yards/1,000 gallons e. 0.75 cubic yards/ton for soil A facility may request that the Department approve an alternate conversion rate, based on the material specific density for a given waste stream. This request must include data that validates the density of the material. | |||
(X tons/year x 3.333 cubic yards/ton) x (the cubic yard rate that is established in current statute) = the dollar amount to be paid per annum.
Retailers must collect a fee of $1.25 on the sale of each new motor vehicle tire and new trailer tire until December 31, 2023. Beginning January 1, 2024, retailers must collect a fee of $.55 on the sale of each new motor vehicle tire and new trailer tire. Retailers must submit to the Department all fees collected from the sale of each new motor vehicle tire and new trailer tire. The fees collected each month are due to the Department no later than the 20th day of the following month.
The Waste Tire Fee must be distributed as follows until December 31, 2023:
Beginning January 1, 2024, the Waste Tire Fee must be distributed as follows:
6 CCR 1007-2-1