6 Colo. Code Regs. § 1007-2-10

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1007-2-10 - WASTE TIRES

10.1SCOPE AND APPLICABILITY

10.1.1PURPOSE

The purpose of this SectionI 10 is to implement the provisions of sections 30-20-1401 through 30-20-1417, C.R.S.

10.1.2APPLICABILITY

This section 10 applies to all persons, unless otherwise exempted, who generate, accumulate, store, transport, dispense, or process waste tires, used tires or tire-derived product. Section 10.11 applies to all persons who sell new motor vehicle or trailer tires. Persons managing waste tires pursuant to this section 10 are exempt from section 8 of these Regulations for their waste tire management activities, except for the beneficial use of waste tires. Persons managing waste tires pursuant to this section 10 who engage in other recycling activities are subject to section 8 of these Regulations for those activities.

10.1.3EXEMPTIONS

(A) This Section 10 does not apply to:

(1) Operation, including by a local, state or federal government agency, of a vehicle that is primarily engaged in the collection and transportation of solid wastes other than waste tires;

(2) A person who only travels through the state with waste tires as part of interstate commerce and does not collect, deposit, transfer, store or dispose of any waste tires within this state;

(3) Transportation of products made from waste tires for sale or other distribution;

(4) Household Hazardous Waste roundup events, community cleanup events, and other one-time or occasional collection events where waste tires are accepted for drop-off by persons not engaged in commercial activity and where the waste tires are picked up by a registered Waste Tire Hauler and transported to the facility of a registered Waste Tire Hauler or Waste Tire Generator, Waste Tire Collection Facility, Waste Tire Processor, Waste Tire Monofill, approved beneficial user of whole waste tires, municipal or county-owned waste tire collection area, or municipal or privately owned solid waste landfill; at the conclusion of the event;

(5) The beneficial use of less than ten (10) waste tires. A person who beneficially uses ten (10) or more waste tires must:

(a) Comply with section 8.6 of these Regulations;

(b) Comply with section 10.3 if they transport their own waste tires,

(c) Comply with section 10.6 if they process waste tires at the facility, and

(d) Comply with section 10.8, if they store more than five hundred (500) waste tires at any one site at any one time.

(B) Owners/operators of Solid Waste Landfills, Transfer Stations, and Recycling Facilities that accumulate waste tires by separating them out of the solid waste streams are exempt from section 10.8 of these Regulations if they:

(1) Store less than five hundred (500) waste tires outdoors at their facility, and

(2) Store less than a total of one thousand five hundred (1,500) waste tires at their facility.

(C) Government entities that store waste tires as part of road-side cleanup activities are exempt from section 10.8 if they:

(1) Store less than 500 waste tires outdoors at their facility, and

(2) Store less than a total of one thousand five hundred (1,500) waste tires at their facility.

(D) A government entity that removes illegally disposed waste tires from the road-side is exempt from section 10.3 if the waste tires are disposed of or recycled in accordance with this section 10.

(E) Registered waste tire haulers, generators, mono fills, processors and waste tire collection facilities who accept ten (10) or more unmanifested waste tires or ten (10) or more waste tires from unregistered waste tire haulers must submit to the Department within twenty (20) days from the end of the preceding month a Uniform Waste Tire Manifest(s) Form WT-2 for the receipt of unmanifested waste tires. The Uniform Waste Tire Manifest Form must contain the following information:

(1) Date(s) waste tires were accepted;

(2) The total amount of waste tires accepted;

(3) License plate number of unregistered waste tire hauler vehicle used to deliver waste tires;

(4) If available the name, address and telephone number of the person who delivered the waste tires.

(5) If possible, the source of the tires.

10.2GENERAL PROVISIONS

10.2.1COMPLIANCE WITH OTHER LAWS

Waste Tire Haulers, Waste Tire Generators, Waste Tire Processors, Mobile Waste Tire Processors, Waste Tire Collection Facilities, Waste Tire Mono fills, End Users, and Beneficial Users must comply with all local, state, and federal laws, regulations, ordinances, and other requirements.

10.2.2OPERATIONS COVERED BY MULTIPLE PARTS OF THIS SECTION 10

Waste Tire Generators, Waste Tire Haulers, Waste Tire Collection Facilities, Waste Tire Processors, Mobile Waste Tire Processors, Waste Tire Mono fills, and End Users may perform activities that are regulated by multiple parts of this section 10. If so, these entities must register accordingly and comply with the requirements of all applicable parts of these regulations, which are not duplicative or overlapping.

10.2.3LIMITATIONS ON THE DISPOSAL OF WASTE TIRES

(A) Except as specified in section 10.2.3(B) below, a person must dispose of waste tires only by delivery to a generator engaging in waste tire collection, to a waste tire processor, to a waste tire monofill, or to a waste tire collection facility. This prohibition on disposal also applies to waste tires that have been cut in half or otherwise modified but not processed into tire-derived product.

(B) If an individual not engaged in commercial waste tire activities is able to establish that due diligence has been conducted and no option for disposing of a waste tire as specified by section 10.2.3(A) is available, then the individual may dispose of the waste tire in a solid waste disposal site and facility or transfer station. To establish due diligence, an individual must (1) contact the local governing authority to determine whether local recycling options are available, (2) contact the Department to determine whether local recycling options are available, and (3) contact all waste tire generators, waste tire haulers, waste tire mono fils, waste tire processors and waste tire collection facilities within fifty (50) miles to determine whether alternatives to final disposal exist. The Department has discretion to determine whether this due diligence requirement has been satisfied.

10.2.4EXEMPTION FROM ANNUAL FEES IN SECTION 1.7.3

The annual fee requirement of section 1.7.3 of these Regulations does not apply to persons registered pursuant to sections 10.3, 10.4, 10.6,10.7, 10.8, or 10.9 for their activities governed by these sections.

10.2.5ENFORCEMENT

The Department may enforce this section 10 through its enforcement authorities, including those specified in sections 30-20-113 and 30-20-114, C.R.S.

10.3STANDARDS FOR WASTE TIRE HAULERS

10.3.1GENERAL

(A) Unless transported out of state, a person may only transport waste tires to the following types of facilities, sites and users in Colorado:

(1) A registered waste tire generator;

(2) A registered waste tire hauler;

(3) A registered waste tire collection facility;

(4) A registered waste tire monofill;

(5) An end user of whole waste tires in compliance with section 10.9 of these Regulations

(6) A registered waste tire processor;

(7) A municipal or county-owned waste tire collection area;

(8) A municipal or privately owned solid waste landfill in compliance with this section 10.2.3 (B); or

(9) A beneficial user of whole waste tires that has been approved by the Department.

(B) A person registered as a Waste Tire Hauler pursuant to section 10.3.3 of these Regulations may pick up waste tires from a person exempted from this section 10, who is not registered as a Waste Tire Generator, Waste Tire Hauler, Waste Tire Collection Facility, Waste Tire Processor, Mobile Waste Tire Processor, or Waste Tire Monofill, an illegal waste tire site or from a private property as long as the Waste Tire Hauler creates a manifest for the load of waste tires pursuant to Section 10.3.5 of these Regulations, and ensures delivery of the waste tires only to a facility listed in section 10.3.1(A) above.

(C) Waste Tire Haulers must within twenty-four (24) hours of identification notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Wthin two (2) weeks of this notification, the facility must submit a written report describing the emergency to the Solid Waste Program. This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency.

(D) A Waste Tire Hauler that is not also registered as a Waste Tire Generator, Waste Tire Collection Facility, Waste Tire Processor, or Waste Tire Monofill must not have on site:

(1) More than one thousand five hundred (1,500) waste tires at any one time; or

(2) A waste tire for more than three (3) days; or

(3) Waste tires outside the waste hauler's vehicle or trailer.

10.3.2REGISTRATION FOR WASTE TIRE HAULERS

(A) No person shall transport a load often (10) or more waste tires at one time unless he/she has registered with the Department by submitting an application for Certificate of Registration (Form WT-1 or WT-1H) to the Hazardous Materials and Waste Management Division of the Department and received a Certificate of Registration from the Department.

(B) An application for a Certificate of Registration as a Waste Tire Hauler must be submitted on Form WT-1 or WT-1H. The application must be delivered to the Department, electronically or by hard copy, and must include, at a minimum, the following information:

(1) The business name of the Waste Tire Hauler and any other names under which the Waste Tire Hauler may do business;

(2) The principal business address of the Waste Tire Hauler;

(3) A business telephone number(s) and email address;

(4) The name and address of the responsible officer of a corporate Waste Tire Hauler or the owner(s) of a Waste Tire Hauler operating a proprietorship or partnership;

(5) The signature and date of signature of the Waste Tire Hauler applicant;

(6) The number of vehicles the Waste Tire Hauler uses to transport waste tires in Colorado; and

(7) A certification that, if registered for the previous year, the Waste Tire Hauler has submitted the Annual Report for the prior year as required by Section 10.3.5.

(C)

(1) The Department will issue a Certificate of Registration and corresponding decal(s) to a new applicant if the applicant has submitted an application to the Department containing all information required in section 10.3.2(B).

(2) The Department will issue a Certificate of Registration and corresponding decal(s) to a Waste Tire Hauler who is registered with the Department at the time of applying, if the applicant has submitted a timely application to the Department containing all information required in section 10.3.2(B) and has submitted an Annual Report containing all of the information required by section 10.3.5 for all waste tires hauling activities completed in the previous year. Failure to submit an Annual Report or submittal of an incomplete Annual Report will result in the denial of the application.

(D) The Certificate of Registration for a Waste Tire Hauler is valid from the date of issuance to April 15 of the year indicated on the Certificate of Registration.

(E) A Waste Tire Hauler must submit an updated application for a Certificate of Registration within fifteen (15) days after the Waste Tire Hauler purchases a new vehicle, rents or leases a vehicle, or operates a facility at a new location.

(F) A Waste Tire Hauler is not authorized to haul waste tires after the April 15 expiration date unless the Waste Tire Hauler has applied to renew the Waste Tire Hauler Certificate of Registration prior to expiration and has received a new Certificate of Registration as a Waste Tire Hauler from the Department and Waste Tire Hauler decals, pursuant to section 10.3.3 below.

(G) All Waste Tire Haulers who wish to continue hauling waste tires must submit an application for renewal (Form WT-1H) no later than March 1 of every odd numbered year.

(H) A legible copy of the Certificate of Registration must be maintained and made available for inspection at the Waste Tire Hauler's principal place of business.

(I) A Waste Tire Hauler Certificate of Registration is not transferable by the Waste Tire Hauler to whom it was issued to any other person or entity.

(J) A Waste Tire Hauler who has previously filed an application for a Certificate of Registration as a Waste Tire Hauler (Form WT-1 or WT-1H) is required to notify the Department in writing whenever changes occur to the following:

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number; or

(7) The Waste Tire Hauler is no longer hauling waste tires.

(K) The Department may cancel a Certificate of Registration of a person who no longer hauls waste tires.

10.3.3WASTE TIRE HAULER DECALS

(A) No person shall transport a load often (10) or more waste tires in Colorado without having received a Waste Tire Hauler decal(s). An application for a Certificate of Registration submitted pursuant to section 10.3.2 above shall also serve as the application for a Waste Tire Hauler decal(s). A Waste Tire Hauler must submit an updated application for a Certificate of Registration within 15 days after the Waste Tire Hauler purchases a new vehicle, or rents or leases a vehicle.

(B) Waste Tire Haulers will receive Waste Tire Hauler decal(s) and temporary decals (if needed) for each vehicle from the Department with their Certificate of Registration. Each decal will have a unique number.

(C) Each Waste Tire Hauler vehicle decal and temporary decal will be valid until April 15 of the year indicated on the vehicle decal and will have a unique number. Prior to the expiration date, a Waste Tire Hauler must submit a renewal application (Form WT-1H) for a Certificate of Registration pursuant to section 10.3.2(G) above.

(D) A Waste Tire Hauler decal must be affixed to the lower left hand corner of the windshield of each vehicle the Waste Tire Hauler owns, rents, leases and/or uses to transport waste tires or in some other manner so the decal is visible on vehicles that do not have a windshield

(E) A Waste Tire Hauler decal is not transferable by the Waste Tire Hauler to whom it was issued to any other person or entity and must not be used for any vehicle not listed by the Registered Waste Tire Hauler on its application for a Certificate of Registration as a Waste Tire Hauler.

(F) Commercial freight carriers must obtain a temporary decal from the registered Waste Tire Hauler who contracts with them. The temporary decals must be displayed on the lower left hand side of the windshield or in some other manner so the decal is visible on vehicles that do not have a windshield at all times when the vehicle is under contract for waste tire transportation. Upon termination of contract, the temporary decal must be returned within twenty-four (24) hours to the registered Waste Tire Hauler. Commercial freight carriers must comply with sections 10.3.1 and 10.3.4.

10.3.4MANIFEST REQUIREMENTS FOR WASTE TIRE HAULERS

(A) No Waste Tire Hauler may accept waste tires for transportation without properly completing a paper or electronic manifest pursuant to section 10.3.4 of these Regulations unless they comply with 10.1.3(E).

(B) Paper or electronic copies of manifests for all transport of waste tires accepted by a Waste Tire Hauler must be maintained on-site at the Waste Tire Hauler's principal business address as identified on the Certificate of Registration and available for inspection for three (3) years from the date of delivery.

(C) A Waste Tire Hauler must create a paper or electronic manifest for each load of waste tires. Such persons must use the Uniform Waste Tire Manifest Form WT-2, available at the Department's website. Each manifest will have a unique number. The completed Uniform Waste Tire Manifest must contain the following information:

(1) The name, address, telephone number, and Certificate of Registration number, if applicable, of the generator(s) orsource(s) of the waste tires in the load;

(2) The quantity of waste tires picked up at each generator or source as measured by:

(a) The actual number of waste tires; or

(b) The weight of waste tires measured in tons;

(3) The name, address, telephone number and Certificate of Registration number of the Waste Tire Hauler and the Waste Tire Hauler decal number of the vehicle used to transport the waste tires and, if applicable, the name and United States Department of Transportation (USDOT) number of the contracted commercial freight carrier;

(4) The date(s) of transport;

(5) The name, address, telephone number and Certificate of Registration number and decal number of the destination facility to which the waste tires will be delivered;

(6) The signatures, under penalty of perjury, of each generator/source of the waste tires, the Waste Tire Hauler, the secondary Waste Tire Hauler (if any), and the facility that is the destination of the waste tires; and

(7) Whether the waste tires originated from an illegal waste tire site or from a private property.

(8) Whether the waste tires originated from an unregistered waste tire hauler and license plate number of unregistered waste tire hauler.

(D) Waste Tire Haulers must:

(1) Carry the paper or electronic Uniform Waste Tire Manifest of each load in the vehicle while hauling the waste tires described on the Manifest (the Manifest need not be displayed in the vehicle);

(2) Provide a copy of the paper or electronic Uniform Waste Tire Manifest for each load to the applicable waste tire generator/source of the waste tires within thirty (30) days of delivery to the destination facility;

(3) Provide a paper or electronic completed copy of the Uniform Waste Tire Manifest for each load to the destination facility when the hauler delivers the waste tires; and

(4) Make a copy of any paper or electronic Uniform Waste Tire Manifest available to the Department upon request.

10.3.5ANNUAL REPORT

A Waste Tire Hauler must submit an annual report to the Department on the Commercial Waste Tire Hauler Annual Report Form (Form WT-4). This form may be obtained by contacting the Department or available at the Department's website.

(A) The report must account for the number of waste tires transported by the person during the previous calendar year (beginning January 1 and ending December 31). Waste tire quantities must be reported by actual count or by actual weight in tons.

(B) The annual report must be delivered to the Department, via certified mail, regular mail, facsimile, hand delivery, or electronically by March 1st of each year and must include the following:

(1) Quantity of waste tires collected by the Waste Tire Hauler from within Colorado for the applicable reporting period;

(2) Quantity of waste tires that are brought to Colorado locations by the Waste Tire Hauler from out-of-state sources during the applicable reporting period;

(3) Quantity of waste tires that are taken from Colorado locations by the Waste Tire Hauler to out-of-state destinations during the applicable reporting period;

(4) Quantity of waste tires identified as used tires;

(5) Final disposition of all the waste tires collected during the applicable reporting period by listing each waste tire collection facility, waste tire monofill, municipal or privately owned solid waste landfill, or end user or processor facility, beneficial users of waste tires and the total quantities of waste tires that the Waste Tire Hauler has delivered to each; and

(6) The total amount of waste tires accepted from a person exempted from section 10.

10.3.6WASTE TIRE HAULER SELF-CERTIFICATION

A person who hauls a load of ten (10) or more waste tires must submit an annual report to the Department on the Commercial Waste Tire Hauler Annual Report Form (Form WT-4). This form may be obtained by contacting the Department or available at the Department's website.

(A) The Department may require Waste Tire Haulers to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B) Any Waste Tire Hauler who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C) The Department will provide Waste Tire Haulers a reasonable amount of time to complete and return the checklist. At a minimum, the Waste Tire Hauler will have fourteen (14) days from the date of receipt to return the checklist. A checklist is deemed returned on the date it is received by the Department. The Department may provide an extension of time to complete and return the checklist upon request.

(D) The self-certification checklist will contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Hauler:

"I, the undersigned facility representative, certify that:

i. I have personally examined and am familiar with the information contained in this submittal;

ii. The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and

iii. I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information."

10.4STANDARDS FOR GENERATORS OF MOTOR VEHICLE AND TRAILER WASTE TIRES

10.4.1GENERAL

This section 10.4 applies to all generators of motor vehicle or trailer waste tires, including but not limited to, new tire retailers, used tire retailers, motor vehicle dealers, motor vehicle dismantlers, public and private vehicle maintenance shops, garages, service stations, car care centers, automotive fleet centers, local government fleet operators, salvage and scrap yards and rental fleet operators.

10.4.2GENERAL STANDARDS FOR GENERATORS OF MOTOR VEHICLE AND TRAILER WASTE TIRES

(A) All Waste Tire Generators must maintain all weather access roads to those areas of their facilities where waste tires are stored.

(B) All Waste Tire Generators must collect litter in and around any area used to store waste tires in order to avoid a fire hazard or a nuisance condition and control the growth of vegetation to minimize potential fuel sources.

(C) Waste Tire Generators must maintain a working telephone at their facilities.

(D) Waste Tire Generators must comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire, Prevention and Control in the Department of Public Safety.

(E) Waste Tire Generators that are not also registered as a Waste Tire Collection Facility, Waste Tire Processor, or Waste Tire Monofill must not:

(1) Have on site more than one thousand five hundred (1,500) waste tires at any one time; or

(2) Store more than five hundred (500) waste tires outdoors at their facility.

(F) Waste Tire Generators must immediately notify the Solid Waste and Materials Management Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Wthin two (2) weeks of this notification, the Waste Tire Generator must submit a written report describing the emergency to the Solid Waste and Materials Management Program. This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency:

(G) Waste Tire Generators must arrange for the commercial hauling or mobile processing of waste tires only with a waste tire hauler or mobile waste tire processor who is currently registered pursuant to these Regulations.

(H) Waste Tire Generators may accept waste tires.

(I) Waste Tire Generators that sell replacement tires in Colorado must not refuse to accept from a customer, at the point of transfer, motor vehicle or trailer waste tires of the same general type and in a quantity at least equal to the number of new tires purchased.

(J) Waste Tire Generators must maintain records for three (3) years showing how many waste tires they generated and documenting to whom they transferred the waste tires. For loads of 10 or more waste tires, the waste tire manifesting provisions of this Section 10 satisfy this requirement. For loads of 9 or less waste tires, Waste Tire Generators may use Form WT-10, available on the Department's website.

(K) Waste Tire Generators who accumulate at any one time more than hundred (100) waste tires must maintain security measures to prevent unlawful access to waste tires.

(L) Waste tires must not create nuisance conditions that could attract vectors of disease.

10.4.3WASTE TIRE GENERATOR REGISTRATION REQUIREMENTS

(A) No person shall commercially generate motor vehicle or trailer waste tires, including but not limited to, as a new tire retailer, used tire retailer, motor vehicle dealer, motor vehicle dismantler, public or private vehicle maintenance shop, garage, service station, car care center, automotive fleet center, local government fleet operator, salvage and scrap yards or rental fleet operator in Colorado without having received a Certificate of Registration from the Department.

(B) An application for a Certificate of Registration must be submitted on Form WT-1 to the Solid Waste and Materials Management Program within the Hazardous Materials and Waste Management Division of the Department.

(C) Certificate of Registration applications for the generation of waste tires must include, at a minimum:

(1) The business name of Waste Tire Generator and any other names under which the Waste Tire Generator may do business;

(2) The principal business address of the Waste Tire Generator;

(3) A business telephone number(s);

(4) The name and address of the responsible officer of a corporate Waste Tire Generator, or the owner(s) of a Waste Tire Generator operating a proprietorship or a partnership;

(5) Whether the Waste Tire Generator sells new motor vehicle tires or new trailer tires; and

(6) The signature and date of signature of the Waste Tire Generator applicant.

(D) The Department will issue a Certificate of Registration to the applicant after approval of the application. Certificates of Registration must be maintained at the facility and made available for inspection.

(E) A Certificate of Registration is not transferable by the Waste Tire Generator to whom it was issued to any other person or entity.

(F) A Waste Tire Generator who has previously filed an application for a Certificate of Registration as a Waste Tire Generator (Form WT-1) is required to notify the Department in writing whenever changes occur to the following:

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number;

(7) Waste tires are generated at a new location not registered with the Department; or

(8) The Waste Tire Generator is no longer generating waste tires at the location registered with the Department.

(G) The Department may cancel a Certificate of Registration of a person who no longer generates waste tires at their registered location.

10.4.4WASTE TIRE GENERATOR FACILITY DECAL

(A) An application for a Certificate of Registration pursuant to section 10.4.3 above shall also serve as an application for a Waste Tire Facility decal.

(B) Waste Tire Generators will receive a Waste Tire Facility decal from the Department with their Certificate of Registration.

(C) Waste Tire Facility decals will have a unique number.

(D) Waste Tire Generators must post their Waste Tire Facility decal in a prominent location at the address where the waste tires are generated and where the decal is visible to the Waste Tire Hauler.

10.4.5WASTE TIRE GENERATOR MANIFEST REQUIREMENTS

(A) No Waste Tire Generator may accept a shipment of more than ten (10) motor vehicle or trailer waste tires without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations unless they comply with 10.1.3 (E).

(B) No Waste Tire Generator may offer a shipment of motor vehicle or trailer waste tires without receiving a manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(C) No Waste Tire Generator may offer motor vehicle or trailer waste tires for mobile processing without receiving a manifest properly completed by the Mobile Waste Tire Processor pursuant to section 10.7.5 of these Regulations.

(D) Manifests for all shipments of motor vehicle or trailer waste tires must be maintained on-site at the Waste Tire Generator's facility and available for inspection for three (3) years from the date of pick-up.

10.4.6WASTE TIRE GENERATOR SELF-CERTIFICATION

(A) The Department may require Waste Tire Generators to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B) Any Waste Tire Generator who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C) The Department will provide Waste Tire Generators a reasonable amount of time to complete and return a checklist. At a minimum, the Waste Tire Generator will have fourteen (14) days from the date of receipt to return the checklist. A checklist is deemed returned on the date it is received by the Department. The Department may provide an extension of time to complete and return the checklist upon request.

(D) The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Generator:

"I, the undersigned facility representative, certify that:

i. I have personally examined and am familiar with the information contained in this submittal;

ii. The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and

iii. I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information."

10.5STANDARDS FOR WASTE TIRE MONOFILLS

10.5.1GENERAL WASTE TIRE MONOFILL STANDARDS

(A) Any person who owns or operates a Waste Tire Monofill must have and comply with a valid Certificate of Designation issued pursuant to section 1.3 of these Regulations.

(B) A Certificate of Designation for a Waste Tire Monofill must include an Engineering Design and Operations Plan (EDOP) which includes the requirements listed in section 10.5.8, a Waste Tire Inventory Reduction Plan as required by 10.5.1 (J), the Financial Assurance requirements in section 10.5.6, and a Closure and Post-Closure Plan as required by section 10.5.9.

(C) Any person who owns or operates a Waste Tire Monofill must maintain all weather access roads to those areas of active operation and as necessary to meet the Fire Prevention, Training and Firefighting Plan required by subsection 10.5.8(A)(3) of these Regulations.

(D) Any person who owns or operates a Waste Tire Monofill must collect litter in order to avoid a fire hazard or a nuisance condition and control the growth of vegetation to minimize potential fuel sources.

(E) Any person who owns or operates a Waste Tire Monofill must implement security measures to preclude unauthorized entry.

(F) Any person who owns or operates a Waste Tire Monofill must post signs in public view at the entrance to the Waste Tire Monofill with the name of the facility, the hours which the facility is open for public use, a listing of the wastes accepted at the facility, and a phone number for a 24 hour emergency contact. The signs must be posted in English and any other language predominant in the area surrounding the facility.

(G) Any person who owns or operates a Waste Tire Monofill must maintain a working telephone at each Waste Tire Monofill facility.

(H) During all stages of operation of a Waste Tire Monofill, the owner or operator must have an attendant who is responsible for site activities.

(I) A Waste Tire Monofill owner or operator must immediately notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Wthin two (2) weeks of this notification, the owner or operator must submit a written report describing the emergency to the Solid Waste Program. This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency.

(J) Waste Tire Inventory Reduction Plan: Owners/operators of a Waste Tire Monofill must on an annual basis, for every one (1) waste tire received, end use at least two (2) waste tires or process at least two (2) waste tires into tire-derived product. All owners or operators must submit for Department approval a Waste Tire Inventory Reduction Plan that shows how they will comply with this section. All owners or operators must comply with their Waste Tire Inventory Reduction Plan. An owner or operator of a Waste Tire Monofill may claim that information or data submitted in the Waste Tire Inventory Reduction Plan, should be withheld as Confidential Business Information ("CBI") or Trade Secret. The Department will hold information contained in the Waste Tire Inventory Reduction Plan as CBI/Trade Secret pursuant to section 7-74-102, C.R.S. and section 18-4-408(2), C.R.S. The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

(K) Any person who owns or operates a Waste Tire Monofill must arrange for the commercial hauling or mobile processing of waste tires only with a waste tire hauler or mobile waste tire processor who is currently registered pursuant to these Regulations.

(L) Any person who owns or operates a Waste Tire Monofill must ensure that all waste tires collected at its facility are delivered to a waste tire monofill, a waste tire processor or to a waste tire collection facility operating in compliance with the Act and the Regulations or mobile processed. An owner/operator of a Waste Tire Monofill may ship whole waste tires to an End User who end uses whole waste tires for fuel or energy recovery.

(M) Any person who owns or operates a Waste Tire Monofill must not place any waste tires into monofill storage after January 1, 2018. All Waste Tire Monofills must close by July 1, 2024.

(N) Any person who owns or operates a Waste Tire Monofill must comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(O) Any person who owns or operates a Waste Tire Monofill must comply with their facility's EDOP.

(P) After soliciting public comment, the Department may issue a waiver relating to any requirement of this section, except that the Department shall not issue a waiver of Section 30-20-1415(1) (j) and (1) (k), C.R.S., and the parallel provision in Sections 10.5.1 (J) and (M) unless:

(1) The Waste Tire Monofill owner or operator has demonstrated that it has achieved a net reduction on an annual basis in the number of waste tires in the monofill; OR

(2) Unless an emergency event of limited duration such as a fire, flood, tornado, an instance of an uncontrollable natural force or human caused disaster has occurred which requires the Waste Tire Monofill to be an outlet for the receipt of waste tires.

10.5.2WASTE TIRE MONOFILL REGISTRATION REQUIREMENTS

(A) No person shall operate a Waste Tire Monofill without having received a Certificate of Registration from the Department.

(B) Applications for Certificates of Registration must be submitted on Form WT-1 to the Solid Waste and Materials Management Program within the Hazardous Materials and Waste Management Division of the Department.

(C) Certificate of Registration applications for operation of a Waste Tire Monofill must include:

(1) The business name of the Waste Tire Monofill and any other names under which the Waste Tire Monofill may do business;

(2) The principal business address of the Waste Tire Monofill;

(3) A business telephone number(s);

(4) The name and address of the responsible officer of a corporate Waste Tire Monofill, or the owner(s) of a Waste Tire Monofill operating a proprietorship or a partnership; and

(5) The signature and date of signature of the Waste Tire Monofill applicant.

(E) A Certificate of Registration is not transferable by the owner or operator of a Waste Tire Monofill to whom it was issued to any other person or entity, without the Department's prior approval based on information described in section 10.5.2(F) below.

(F) An owner or operator of a Waste Tire Monofill who has previously filed an application for a Certificate of Registration as a Waste Tire Monofill (Form WT-1) is required to notify the Department in writing whenever changes occur to the following:

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number; or

(7) The owner or operator is no longer operating a Waste Tire Monofill at the location registered with the Department.

(G) The Department may cancel a Certificate of Registration of an owner or operator who no longer operates a Waste Tire Monofill at their registered location.

10.5.3WASTE TIRE MONOFILL FACILITY DECAL

(A) An application for a Certificate of Registration pursuant to section 10.5.2 above, shall also serve as an application for a Waste Tire Facility decal.

(B) An owner or operator of a Waste Tire Monofill will receive a Waste Tire Facility decal from the Department with its Certificate of Registration. Waste Tire decals will have a unique number.

(C) An owner or operator of a Waste Tire Monofill must post their Waste Tire Facility decal in a prominent location at the address used to store/accumulate waste tires and where the decal is visible to the Waste Tire Hauler.

10.5.4WASTE TIRE MONOFILL MANIFEST REQUIREMENTS

(A) No owner or operator of a Waste Tire Monofill may accept a shipment of more than ten (10) waste tires from a Waste Tire Hauler or Mobile Waste Tire Processor without an accompanying manifest properly completed pursuant to sections 10.3.4 or 10.7.5 of these Regulations unless they comply with section 10.1.3 (E).

(B) Manifests for all shipments of waste tires accepted by an owner or operator of a Waste Tire Monofill must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery.

(C) No owner or operator of a Waste Tire Monofill may offer a shipment of more than ten (10) waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(D) No owner or operator of a Waste Tire Monofill may offer waste tires for processing without receiving a manifest properly completed by the Mobile Waste Tire Processor pursuant to section 10.7.5 of these Regulations.

(E) Manifests for all shipments of waste tires offered by the owner or operator of a Waste Tire Monofill must be maintained on-site at that facility and available for inspection for three (3) years from the date of pick-up.

10.5.5WASTE TIRE MONOFILL FINANCIAL ASSURANCE

Any person who owns or operates a Waste Tire Monofill must maintain financial assurance for any required reclamation and for closure and post-closure care of the Facility pursuant to section 4 of these Regulations.

10.5.6ANNUAL REPORT

(A) Any person who owns or operates a Waste Tire Monofill must submit an annual report to the Department and local governing body having jurisdiction by March 1st of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report must include the amount, by actual count or by actual weight in tons, of waste tires received at the facility, how many waste tires were processed or end used at the facility, how many waste tires were shipped off-site from the facility for the preceding calendar year, and the total amount of waste tires accepted from unregistered waste tire haulers.

(B) The annual report must include, in addition to the information in section 10.5.6(A) above, information concerning compliance with the Waste Tire Inventory Reduction Plan in section 10.5.1 (J). An owner or operator of a Waste Tire Monofill may claim that information or data submitted in the annual report, including the report on the Waste Tire Inventory Reduction Plan, should be withheld as Confidential Business Information ("CBI") or Trade Secret. The Department will hold information contained in the Waste Tire Inventory Reduction Plan as CBI/Trade Secret pursuant to section 7-74-102, C.R.S. and section 18-4-408(2), C.R.S. The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.5.7WASTE TIRE MONOFILL SELF-CERTIFICATION

(A) The Department may require an owner or operator of a Waste Tire Monofill to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B) An owner or operator of a Waste Tire Monofill who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C) The Department will provide the owner or operator of a Waste Tire Monofill a reasonable amount of time to complete and return a checklist. At a minimum, the owner or operator of a Waste Tire Monofill will have fourteen (14) days from the date of receipt to return the checklist. A checklist is deemed returned on the date it is received by the Department. The Department may provide an extension of time to complete and return the checklist upon request.

(D) The self-certification checklist will contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Monofill:

"I, the undersigned facility representative, certify that:

i. I have personally examined and am familiar with the information contained in this submittal;

ii. The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and

iii. I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information."

10.5.8WASTE TIRE MONOFILL FACILITY ENGINEERING DESIGN AND OPERATIONS PLAN

(A) Any person who owns or operates a Waste Tire Monofill must have an EDOP, approved by the Department, which must, at a minimum, include all of the following:

(1) General:

(a) Nature of the activity conducted at the facility;

(b) The capacity and type of equipment to be used at the facility;

(c) All methods of waste tire processing and storage;

(d) Means used to track inventory on a volume or weight basis;

(e) Security measures;

(f) How the facility intends to implement the requirements listed in section 10.5.1 above; and

(g) Annual training requirements for all employees on all approved facility plans described in this section 10.5.8, and how that training will be documented and verified.

(2) Emergency Response Plan which includes:

(a) General facility information including:

(i) The facility name, mailing address and telephone number;

(ii) The facility operator's name, mailing address and telephone number; and

(iii) The property owner's name, mailing address and telephone number;

(b) An emergency contact list including the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency, including:

(i) The Emergency Coordinator;

(ii) The Facility Owner;

(iii) The Facility Operator;

(iv) The Local Fire Authority; and

(v) Any additional numbers that may be needed.

(c) Emergency Equipment available on site, including specific capabilities and uses;

(d) A map showing the location of fire lanes, tire pile configurations, fire hydrants, power supply, and emergency response equipment; and

(e) A description of emergency response procedures to be followed in the event of a fire or other emergency.

(3) Fire Prevention, Training and Firefighting Plan which:

(a) Includes specification of the Facility's fire lane locations and widths;

(b) Includes resources to extinguish fires;

(c) Designates a Facility Emergency Coordinator;

(d) Is approved by the local fire department/local fire jurisdiction or in areas where no local fire code exists, by the Colorado Division of Fire Prevention and Control in the Department of Public Safety;

(e) Ensures the owner or operator complies with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety; and

(f) Includes specification for adequate water supply available for use by the local fire authority for firefighting. Owners and operators may demonstrate compliance with this requirement through alternative methods approved by the local fire authority.

(4) Vector Control Plan which includes:

(a) Provisions for storage of tires in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means:

(i) cover with impermeable barriers, other than soil, to prevent entry or accumulation of precipitation, or

(ii) use of treatments or methods, such as pesticides, to prevent or eliminate vector breeding as necessary.

(b) If pesticides are used in vector control efforts, they must be used in accordance with the Pesticide Applicators Act, section 35-10-101, C.R.S.

10.5.9CLOSURE AND POST-CLOSURE CARE OF WASTE TIRE MONOFILLS

(A) Any person who owns or operates a Waste Tire Monofill must close and maintain the Waste Tire Monofill in accordance with sections 2.5, 2.6, and 10.5 of these Regulations.

(B) Any person who owns or operates a Waste Tire Monofill must prepare a Closure Plan as part of the Engineering Design and Operations Plan. The Closure Plan must describe the steps necessary to close the Waste Tire Monofill at any point during its active life and at the end of the facility's active life. The facility may either:

1) close the waste in place as a solid waste landfill in accordance with these Solid Waste Regulations, or

2) remove all solid waste and residual contamination to meet unrestricted use concentrations. Option 2, also known as "clean closure," eliminates the need for post closure care. Both Option 1 and Option 2 require the owner or operator of a Waste Tire Monofill to develop a closure plan.

(1) The closure plan, at a minimum, must include the following information:

(a) Provisions for removal of all solid waste at those facilities choosing partial or facility-wide clean closure;

i. Proposed plans and procedures for sampling and testing soil based on visual identification of staining or other indications of residual contamination;

ii. Provisions for sampling and analyses of soil for potential hazardous characteristics and provisions for final disposal. Soils will need to meet unrestricted use concentrations or background levels whichever is greater.

(b) Provision for the consolidation and placement of residual wastes remaining on site;

(c) Procedures for placement of final cover materials and final cover configurations.

(2) General description of the site post-closure, including:

(a) The final property contours, material and procedures to be used to cover the waste tires;

(b) A description of final soil placement and establishment of plant life;

(c) A description of anticipated post disposal land use;

(d) A schedule for completing all activities necessary to satisfy the closure criteria of this section; and

(e) An analysis of whether section 25-15-320, C.R.S. will require an environmental covenant following closure.

(3) Owners or operators of all Waste Tire Monofills must submit a Closure Report to the Department at the time of final closure. The report must summarize the number or volume of tires disposed of in each pit, and phone number of person(s) responsible for post closure control of the facility.

(4) At least sixty (60) days in advance of the proposed closure date, the owner or operator must notify the Department and the local governing authority of the proposed closure date.

(5) The owner or operator must notify the general public at least sixty (60) days in advance of the proposed closure by placing signs of suitable size at the entrance to the site and facility.

(6) The owner or operator of the facility must complete closure activities of the facility in accordance with the closure plan and within one hundred eighty (180) calendar days following the final receipt of waste. Extensions of the closure period may be granted by the Department if the owner or operator demonstrates that closure will take longer than one hundred eighty (180) calendar days and the owner/operator has taken and will continue to take all steps to prevent threats to human health and the environment.

(7) Following closure of an Waste Tire Monofill, the owner or operator shall comply with section 25-15-320, C.R.S. unless the site is remediated to a condition that is suitable for unrestricted use. If waste is left in place as part of the closure, record a notation in the chain of title specifying that the land has been used as a Waste Tire Monofill; a copy of which must be provided to the Department prior to recording for review and approval.

(8) Closure Certification: A closure certification report is required to be submitted within sixty (60) calendar days of completion of closure activities which documents all the requirements and conditions of the closure plan have been achieved. The Report must be signed and sealed by a Colorado registered professional engineer and is subject to review and approval by the Department.

(C) POST-CLOSURE CARE AND MAINTENANCE REQUIREMENTS FOR WASTE TIRE MONOFILLS

Post-Closure Activities: Following closure of the Waste Tire Monofill the owner or operator shall submit a Post-Closure Care Plan within sixty (60) calendar days of determining that the waste tire facility was closed as a landfill that will include at least the following:

(1) Provisions to prevent nuisance conditions;

(2) Maintaining the integrity and effectiveness of the final cover, should waste remain in place, including making repairs to the cover and replanting vegetation as necessary; and

(3) Name, address, and telephone number of the person or office to contact about the facility during the post-closure period.

10.6STANDARDS FOR WASTE TIRE PROCESSORS

10.6.1GENERAL

Waste tire processing is not subject to the Recycling requirements of section 8 of these Regulations or the annual fee requirements of section 1.7.3 of these Regulations.

10.6.2GENERAL STANDARDS FOR WASTE TIRE PROCESSORS

(A) All Waste Tire Processors must maintain all weather access roads to those areas of active operation and as necessary to meet the Fire Prevention, Training and Firefighting Plan required by subsection 10.6.9(A)(3) of these Regulations.

(B) All Waste Tire Processors must collect litter in order to avoid a fire hazard or a nuisance condition and control the growth of vegetation to minimize potential fuel sources.

(C) All Waste Tire Processors must implement security measures to preclude unauthorized entry.

(D) Prominent signs in English and any other language predominant in the area surrounding the facility must be posted in public view at the entrance to each Waste Tire Processing facility with the name of the facility, the hours which the facility is open for public use, a listing of the wastes accepted at the facility, and a phone number for a 24 hour emergency contact.

(E) The Waste Tire Processor must maintain a working telephone at each Waste Tire Processor facility.

(F) During all stages of operation of a Waste Tire Processor, the facility must have an attendant who is responsible for site activities.

(G) A Waste Tire Processor operator must immediately notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Wthin two (2) weeks of this notification, the facility must submit a written report describing the emergency to the Solid Waste Program. This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency.

(H) Following a one-year accumulation period, the weight or volume of waste tires that are processed must be at least 75% of the total weight or volume of waste tires received and currently in storage over a three year rolling average. A Waste Tire Processor that is also registered as a Waste Tire Monofill is exempt from this requirement and must comply with the requirement in section 10.5.1(J).

(I) A Waste Tire Processor that is not also registered as a Waste Tire Monofill must not have at the processing facility at any one time more than the lesser of:

(1) One hundred thousand (100,000) waste tires;

(2) The amount of waste tires allowed under local requirements; or

(3) The amount of waste tires anticipated in the Waste Tire Processor's financial assurance instrument.

(J) Waste Tire Processors must arrange for the commercial hauling of waste tires only with a waste tire hauler who is currently registered pursuant to section 10.3.2 of these Regulations.

(K) Waste Tire Processors must ensure that any waste tires shipped off-site from their facilities are delivered either out of state or to a registered Waste Tire Generator, Waste Tire Hauler, Waste Tire Collection Facility, Waste Tire Monofill, or another Waste Tire Processor operating in compliance with the Act and the Regulations. Waste Tire Processors may ship whole waste tires to an End User who end uses whole waste tires for fuel or energy recovery.

(L) Waste Tire Processors must comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(M) Waste Tire Processors must comply with the facility's Engineering Design and Operations Plan (EDOP).

10.6.3WASTE TIRE PROCESSORS REGISTRATION REQUIREMENTS

(A) No person shall process waste tires without having received a Certificate of Registration from the Department.

(C) Certificate of Registration applications for operation of a Waste Tire Processor must include:

(1) The business name of the Waste Tire Processor and any other names under which the Waste Tire Processor may do business;

(2) The principal business address of the Waste Tire Processor;

(3) A business telephone number(s);

(4) The name and address of the responsible officer of a corporate Waste Tire Processor, or the owner(s) of a Waste Tire Processor operating a proprietorship or a partnership; and

(5) The signature and date of signature of the Waste Tire Processor applicant.

(E) A Certificate of Registration is not transferable by the Waste Tire Processor to whom it was issued to any other person or entity.

(F) A Waste Tire Processor who has previously filed an application for a Certificate of Registration as a Waste Tire Processor (Form WT-1) is required to notify the Department in writing whenever changes to the following occur:

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number;

(7) Waste tires are processed at a new location not registered with the Department; or

(8) The owner/operator is no longer operating as a Waste Tire Processor at the location registered with the Department.

(G) The Department may cancel a Certificate of Registration of a person who no longer processes waste tires.

10.6.4WASTE TIRE PROCESSOR FACILITY DECAL

(A) An application for a Certificate of Registration pursuant to section 10.6.3 above, will also serve as an application for a Waste Tire Facility decal.

(B) Waste Tire Processors will receive a Waste Tire Facility decal from the Department with their Certificate of Registration. Waste tire decals will have a unique number.

(C) Waste Tire Processors must post their Waste Tire Facility decal in a prominent location at the address used to process tires and where the decal is visible to the Waste Tire Hauler.

10.6.5WASTE TIRE PROCESSOR MANIFEST REQUIREMENTS

(A) No Waste Tire Processor may accept a shipment of ten (10) or more waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations unless they comply with section 10.1.3 (E).

(B) Waste Tire Processors must maintain on-site at their facility manifests for all shipments of waste tires accepted and make the manifests available for inspection for three (3) years from the date of delivery.

(C) No Tire Waste Tire Processor may offer a shipment often (10) or more waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(D) Waste Tire Processors must maintain on-site at their facility manifests for all shipments of waste tires offered and make the manifests available for inspection for three (3) years from the date of pick-up.

10.6.6WASTE TIRE PROCESSOR FINANCIAL ASSURANCE

All Waste Tire Processors must maintain financial assurance for any required reclamation and for closure and post-closure care of the Facility pursuant to section 4 of these Regulations.

10.6.7ANNUAL REPORT

(A) All Waste Tire Processors must submit an annual report to the Department and local governing body having jurisdiction by March 1st of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report must include the amount, by actual count or by actual weight in tons, of waste tires received at the facility, how many waste tires were processed at the facility, how many waste tires were shipped off-site from the facility for the preceding year, and the total amount of waste tires accepted from unregistered waste tire haulers.

(B) The annual report must include, in addition to the information in section 10.6.7(A) above, information concerning compliance with Section 10.6.2(H) that the Waste Tire Processor processed into tire-derived product at least 75% of the three year rolling average annual amount, by weight or number, of waste tires that the Waste Tire Processor accepted during the previous three (3) calendar years.

(C) A Waste Tire Processor may claim that information or data submitted in the Waste Tire Annual Report should be withheld as Confidential Business Information ("CBI") or Trade Secret. The Department will hold information contained in the Waste Tire Inventory Reduction Plan as CBI/Trade Secret pursuant to section 7-74-102, C.R.S. and section 18-4-408(2), C.R.S. The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.6.8WASTE TIRE PROCESSOR SELF-CERTIFICATION

(A) The Department may require Waste Tire Processors to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B) Any Waste Tire Processor who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C) The Department will provide Waste Tire Processors a reasonable amount of time to complete and return a checklist. At a minimum, the Waste Tire Processor will have fourteen (14) days from the date of receipt to return the checklist. A checklist is deemed returned on the date it is received by the Department. The Department may provide an extension of time to complete and return the checklist upon request.

(D) The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Processor:

"I, the undersigned facility representative, certify that:

i. I have personally examined and am familiar with the information contained in this submittal;

ii. The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and

iii. I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information."

10.6.9WASTE TIRE PROCESSOR ENGINEERING DESIGN AND OPERATIONS PLAN

(A) Each Waste Tire Processor must have an Engineering Design and Operations Plan, approved by the Department, which must, at a minimum, include all of the following:

(1) General:

(a) Nature of the activity conducted at the facility;

(b) The capacity and type of equipment to be used at the facility;

(c) All methods of processing and storage;

(d) Means used to track inventory on a volume or weight basis;

(e) Security measures;

(f) How the facility intends to implement the requirements listed in section 10.6.2 above; and

(g) Annual training requirements for all employees on all approved facility plans described in section 10.6.9, and how that training will be documented and verified.

(2) Emergency Response Plan which includes:

(a) General facility information including:

(i) The facility name, mailing address and telephone number;

(ii) The facility operator's name, mailing address and telephone number; and

(iii) The property owner's name, mailing address and telephone number.

(b) An emergency contact list including the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency, including:

(i) The Emergency Coordinator;

(ii) The Facility Owner;

(iii) The Facility Operator;

(iv) The Local Fire Authority; and

(v) Any additional numbers that may be needed.

(c) Emergency Equipment available on site, including specific capabilities and uses.

(d) A map showing the location of fire lanes, tire pile configurations, fire hydrants, power supply, and emergency response equipment.

(e) A description of emergency response procedures to be followed in the event of a fire or other emergency.

(3) Fire Prevention, Training and Firefighting Plan which:

(a) Includes specification of the Facility's fire lane locations and widths;

(b) Includes resources to extinguish fires;

(c) Designates a Facility Emergency Coordinator;

(e) Ensures the Waste Tire Processor complies with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(4) Vector Control Plan which includes:

(a) Provisions for storage of tires in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means:

(i) cover with impermeable barriers, other than soil, to prevent entry or accumulation of precipitation, or

(ii) use of treatments or methods, such as pesticides, to prevent or eliminate vector breeding as necessary; and

(b) Provisions ensuring that if pesticides are used in vector control efforts, they must be used in accordance with the Pesticide Applicators Act, section 35-10-101, C.R.S.

10.6.10CLOSURE AND POST-CLOSURE CARE OF WASTE TIRE PROCESSOR FACILITIES

(A) Waste Tire Processors must close and maintain their facilities in accordance with sections 2.5, 2.6, and 10.6 of these Regulations.

(B) Closure Plan Requirements for Waste Tire Processors: The closure plan must be prepared as part of an Engineering Design and Operations Plan and must describe the steps necessary to close the Waste Tire Processor's facility at any point during its active life and at the end of the facility's active life. The Waste Tire Processor must remove all solid waste and residual contamination to meet unrestricted use concentrations. The closure plan, at a minimum, must include the following information:

(1) Provisions for removal of all solid waste at the site, including:

(a) Proposed plans and procedures for sampling and testing soil based on visual identification of staining or other indications of residual contamination;

(b) Provisions for sampling and analyses of soil for potential hazardous characteristics and provisions for final disposal. Soils will need to meet unrestricted use concentrations or background levels whichever is greater; and

(c) A schedule for completing all activities necessary to satisfy the closure criteria of this section.

(2) Waste Tire Processors must submit a Closure Certification Report to the Department at the time of final closure. The report must summarize and document the closure activities, including any analytical results, needed to support the unrestricted use condition of the facility.

(3) At least sixty (60) days in advance of the proposed closure date, the Waste Tire Processor must notify the Department and the local governing authority of the proposed closure date.

(4) The owner or operator must notify the general public at least sixty (60) days in advance of the proposed closure by placing signs of suitable size at the entrance to the site and facility.

(5) Waste Tire Processors must complete closure activities of their facility in accordance with the closure plan and within one hundred eighty (180) calendar days following the final receipt of waste tires. Extensions of the closure period may be granted by the Department if the Waste Tire Processor demonstrates that closure will take longer than one hundred eighty (180) calendar days and the owner/operator has taken and will continue to take all steps to prevent threats to human health and the environment.

(6) Closure Certification: Waste Tire Processors must submit a closure certification report within sixty (60) calendar days of completion of closure activities which documents all the requirements and conditions of the closure plan have been achieved. The Report must be signed and sealed by a Colorado registered professional engineer and is subject to review and approval by the Department.

10.7STANDARDS FOR MOBILE WASTE TIRE PROCESSORS

10.7.1GENERAL

Mobile waste tire processing is not subject to the Recycling requirements of section 8 of these Regulations or the annual fee requirements of section 1.7.3 of these Regulations.

10.7.2GENERAL STANDARDS FOR MOBILE WASTE TIRE PROCESSORS

(A) All Mobile Waste Tire Processors must collect litter around their mobile processing operation in order to avoid a fire hazard or a nuisance and control the growth of vegetation to minimize potential fuel sources.

(B) The operator must ensure access to a working telephone at each Mobile Waste Tire Processor site.

(C) During all stages of operation at a mobile processing site, a Mobile Waste Tire Processor must ensure that an attendant who is responsible for mobile processing site activities is present.

(D) A Mobile Waste Tire Processor operator must immediately notify the Solid Waste and Materials Management Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Wthin two weeks of this notification, the facility must submit a written report describing the emergency to the Solid Waste and Materials Management Program. This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the problems generated by the emergency.

(E) A Mobile Waste Tire Processor must not lease or own the property on which the processing occurs. Persons who own or lease the property on which they process waste tires are Waste Tire Processors and are not Mobile Waste Tire Processors.

(F) A Mobile Waste Tire Processor must not accept or accumulate waste tires unless also registered as a Waste Tire Processor at the property on which the processing occurs.

(G) A Mobile Waste Tire Processor must receive permission from the local governing authority prior to beginning to process waste tires at the location for any period of time.

(H) A Mobile Waste Tire Processor must notify the Department fourteen (14) days prior to beginning processing, the location where mobile processing will occur, the dates of processing, and the number of days processing at the site.

(I) A Mobile Waste Tire Processor must not process waste tires at a location for more than thirty (30) consecutive days unless the Mobile Waste Tire Processor:

(1) Is registered as a Waste Tire Processor at that location; or

(2) Receives Departmental approval to process for more than thirty (30) consecutive days at the location and remains in compliance with all state and local environmental requirements at the location of mobile processing.

(J) Mobile Waste Tire Processors must comply with their Engineering Design and Operations Plan (EDOP).

10.7.3MOBILE WASTE TIRE PROCESSORS REGISTRATION REQUIREMENTS

(A) No person shall operate as a Mobile Waste Tire Processor without having received a Certificate of Registration from the Department.

(B) Applications for Certificates of Registration must be submitted on Form WT-1 or WT-1M to the Solid Waste and Materials Management Program within the Hazardous Materials and Waste Management Division of the Department.

(C) Certificate of Registration applications for operating as a Mobile Waste Tire Processor must include:

(1) The business name of the Mobile Waste Tire Processor and any other names under which the Mobile Waste Tire Processor may do business;

(2) The permanent business address of the Mobile Waste Tire Processor;

(3) A business telephone number(s) and email address;

(4) The name and address of the responsible officer of a corporate Mobile Waste Tire Processor, or the owner(s) of a Mobile Waste Tire Processor operating a proprietorship or a partnership;

(5) The signature and date of signature of the Mobile Waste Tire Processor applicant;

(6) The types of mobile processing equipment the Mobile Waste Tire Processor uses to process waste tires in Colorado; and

(7) A certification that, if registered for the previous year, the Mobile Waste Tire Processor has submitted the Annual Report for the prior year as required by Section 10.7.7.

(D) The Department will issue a Certificate of Registration to a Mobile Waste Tire Processor only if the applicant has submitted a timely application to the Department containing all information required in section 10.7.3 (C) and has submitted an Annual Report containing all of the information required by section 10.7.7 for all mobile waste tire processing activities completed in the previous year. Failure to submit an Annual Report or submitting an incomplete Annual Report will result in a denial of the application. Certificates of Registration must be maintained at the permanent address of the Mobile Waste Tire Processor and made available for inspection.

(E) A Certificate of Registration is not transferable by the Mobile Waste Tire Processor to whom it was issued to any other person or entity.

(F) The Certificate of Registration for a Mobile Waste Tire Processor is valid from the date of issuance to April 15 of the year indicated on the Certificate of Registration.

(G) A Mobile Waste Tire Processor is not authorized to mobile process waste tires after the April 15 expiration date unless the Mobile Waste Tire Processor has applied to renew the Certificate of Registration prior to expiration and has received a new Certificate of Registration as a Mobile Waste Tire Processor from the Department and Mobile Waste Tire Processor decals, pursuant to section 10.7.4 below.

(H) All Mobile Waste Tire Processors who wish to continue mobile processing waste tires must submit an application for renewal (Form WT-1M) no later than March 1 of every odd numbered year.

(I) A Waste Tire Mobile Processor who has previously filed an application for a Certificate of Registration as a Waste Tire Mobile Processor (Form WT-1 or WT-1M) is required to notify the Department in writing whenever changes occur to the following:

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number; or

(7) The Waste Tire Mobile Processor is no longer mobile processing waste tires.

(J) The Department may cancel a Certificate of Registration of a person who no longer mobile processes waste tires.

10.7.4MOBILE WASTE TIRE PROCESSOR DECAL

(A) No person shall mobile process waste tires in Colorado without having received a Mobile Waste Tire Processor decal. An application for a Certificate of Registration pursuant to section 10.7.3 above, shall also serve as an application for a Mobile Waste Tire Processor decal(s). A Mobile Waste Tire Processor must submit an updated application for a Certificate of Registration within fifteen (15) days after the Mobile Waste Tire Processor purchases new mobile processing equipment or rents or leases mobile processing equipment.

(B) Mobile Waste Tire Processors will receive from the Department Mobile Waste Tire Processor decal(s) for each type of mobile processing equipment with their Certificate of Registration. Each decal will have a unique number.

(C) Each Mobile Waste Tire Processor decal will be valid until April 15 of the year indicated on the vehicle decal and will have a unique number. Prior to the expiration date, a Mobile Waste Tire Processor must submit a renewal application for a Certificate of Registration (Form WT-1 M) pursuant to section 10.7.3(H) above.

(D) A Mobile Waste Tire Processor decal must be affixed to the mobile processing equipment. If the decal cannot be affixed to the mobile processing the equipment, the operator must have the decal available at all times for inspection.

(F) A Mobile Waste Tire Processor decal is not transferable by the Mobile Waste Tire Processor to whom it was issued to any other person or entity and must not be used for any vehicle not listed by the Registered Mobile Waste Tire Processor on its application for a Certificate of Registration as a Mobile Waste Tire Processor.

10.7.5MOBILE WASTE TIRE PROCESSOR MANIFEST REQUIREMENTS

(A) No person may accept waste tires for mobile processing without completing a paper or electronic manifest to section 10.7.5 of these Regulations.

(B) Paper or electronic manifests for all waste tires shipped, accepted and/or processed by a Mobile Waste Tire Processor must be maintained on-site at the principal business address as identified on the Certificate of Registration and available for inspection for three (3) years from the date of delivery.

(C) At the conclusion of the mobile processing at the location, the Mobile Waste Tire Processor must create a paper or electronic manifest for waste tires that are processed. Such persons must use the Uniform Mobile Waste Tire Processor Manifest Form (Form WT-7), available at the Department's website. Each manifest will have a unique number. The completed Uniform Mobile Waste Tire Processor Manifest must contain the following information:

(1) The name, address, telephone number, and Certificate of Registration number and decal number, if applicable, of the location where waste tires were processed;

(2) The quantity of waste tires processed at each location as measured by:

(a) The actual number of waste tires by category (e.g. passenger car/light duty truck tires, semi-truck tires, etc); or

(b) The weight of waste tires measured in tons;

(3) The name, address, telephone number and Certificate of Registration number of the Mobile Waste Tire Processor and the Mobile Waste Tire Processor decal number of the equipment used to process the waste tires;

(4) The date(s) of processing;

(5) The signatures, under penalty of perjury, of the responsible party at the location where waste tires were processed and the mobile processor; and

(6) If the waste tires originated from an illegal waste tire site or from a private property.

(D) Mobile Waste Tire Processors must:

(1) Make a copy of any paper or electronic Uniform Waste Tire Manifest available to the Department upon request.

(2) Maintain all manifests at the permanent business address of the Mobile Waste Tire Processor and available for inspection for three (3) years from the date of processing.

(3) Provide a copy of the paper or electronic Uniform Mobile Waste Tire Processor Manifest Form to the Waste Tire Generator/source of waste tires processed within thirty (30) days of completion of mobile processing.

10.7.6MOBILE WASTE TIRE PROCESSOR FINANCIAL ASSURANCE

All Mobile Waste Tire Processors must establish and maintain financial assurance in the amount often thousand dollars ($10,000.00), unless they maintain financial assurance as a Waste Tire Processor, Waste Tire Collection Facility or a Waste Tire Monofill.

10.7.7ANNUAL REPORT

(A) All Mobile Waste Tire Processors must submit an annual report to the Department and local governing body having jurisdiction by March 1st of each year on the Mobile Waste Tire Processor Annual Reporting Form (Form WT-8). The annual report must include the amount, by actual count or by actual weight in tons, of waste tires processed at each mobile processing location during the previous year.

(B) A Mobile Waste Tire Processor may claim that information or data submitted in the Waste Tire Annual Report should be withheld as Confidential Business Information ("CBI") or Trade Secret. The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.7.8MOBILE WASTE TIRE PROCESSOR SELF-CERTIFICATION

(A) The Department may require Mobile Waste Tire Processors to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B) Any Mobile Waste Tire Processor who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C) The Department will provide Mobile Waste Tire Processors a reasonable amount of time to complete and return a checklist. At a minimum, the Mobile Waste Tire Processor will have fourteen (14) days from the date of receipt to return the checklist. A checklist is deemed returned on the date it is received by the Department. The Department may provide an extension of time to complete and return the checklist upon request.

(D) The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the Mobile Waste Tire Processor:

"I, the undersigned facility representative, certify that:

i. I have personally examined and am familiar with the information contained in this submittal;

ii. The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and

iii. I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information."

10.7.9MOBILE WASTE TIRE PROCESSOR ENGINEERING DESIGN AND OPERATIONS PLAN

(A) Each Mobile Waste Tire Processor must have an Engineering Design and Operations Plan, approved by the Department, which must, at a minimum, include all of the following:

(1) General:

(a) Nature of the activity conducted at each mobile processor site;

(b) The capacity and type of equipment to be used at each site;

(c) All methods of processing and storage;

(d) Means used to track inventory on a volume or weight basis;

(e) Security measures;

(f) How the Mobile Waste Tire Processor intends to implement the requirements listed in section 10.7.2 above; and

(g) Annual training requirements for all employees on all approved facility plans described in section 10.7.9, and how that training will be documented and verified.

(2) Emergency Response Plan which includes:

(a) General information including:

(i) The Mobile Processor's name, mailing address and telephone number; and

(ii) Potential emergencies and how the Mobile Processor will respond to these.

(b) An emergency contact list including the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency, including:

(i) The Emergency Coordinator; and

(ii) Any additional numbers that may be needed.

(c) A description of emergency response procedures to be followed in the event of a fire or other emergency.

(3) Fire Prevention, Training and Firefighting Plan which:

(a) Includes resources to extinguish fires;

(b) Designates an onsite Emergency Coordinator;

(c) States how the Mobile Waste Tire Processor will comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

10.8STANDARDS FOR WASTE TIRE COLLECTION FACILITIES

10.8.1GENERAL

The requirements of this section 10.8 apply to facilities where ten (10) or more waste tires are stored awaiting pickup by a Registered Waste Tire Hauler or processed by a Mobile Waste Tire Processor.

10.8.2GENERAL STANDARDS FOR WASTE TIRE COLLECTION FACILITIES

(A) Any person who owns or operates a Waste Tire Collection Facility must maintain all weather access roads to those areas of active operation and as necessary to meet the Fire Protection, Training and Firefighting Plan required by subsection 10.8.9(A)(3) of these Regulations.

(B) Any person who owns or operates a Waste Tire Collection Facility must collect litter in order to avoid a fire hazard or a nuisance condition and control the growth of vegetation to minimize potential fuel sources.

(C) Any person who owns or operates a Waste Tire Collection Facility must implement security measures to preclude unauthorized entry.

(D) Any person who owns or operates a Waste Tire Facility Collection Facility must place prominent signs in English and any other language predominant in the area surrounding the facility must be posted in public view at the entrance to each Waste Tire Collection Facility with the name of the facility, the hours which the facility is open for public use, a listing of the wastes accepted at the facility, and a phone number for a 24 hour emergency contact.

(E) Any person who owns or operates a Waste Tire Facility Collection Facility must maintain a working telephone at each Waste Tire Collection Facility.

(F) During all stages of operation of a Waste Tire Collection Facility, the facility must have an attendant who is responsible for site activities.

(G) A Waste Tire Collection Facility owner or operator must immediately notify the Solid Waste and Materials Management Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Within two (2) weeks of this notification, the owner or operator must submit a written report describing the emergency to the Solid Waste and Materials Management Program. This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency.

(H) Any person who owns or operates a Waste Tire Collection Facility must arrange for the commercial hauling or mobile processing of waste tires only with a waste tire hauler or mobile processor who is currently registered pursuant to these Regulations.

(I) Any person who owns or operates a Waste Tire Collection Facility must ensure that all waste tires collected at its facility are delivered to a registered waste tire generator, waste tire hauler, another waste tire collection facility, waste tire monofill, waste tire processor, an approved beneficial user of whole waste tires, a municipal or county owned waste tire collection area, or to a municipal or privately owned solid waste landfill operating in compliance with the Act and the Regulations or processed by a mobile processing. An owner/operator of a Waste Tire Monofill may ship whole waste tires to an End User who end uses whole waste tires for fuel or energy recovery.

(J) Any person who owns or operates a Waste Tire Collection Facility that is not also registered as a Waste Tire Processor or Waste Tire Monofill must not have onsite at any one time more than seven thousand five hundred (7,500) waste tires.

(K) Any person who owns or operates a Waste Tire Collection Facility must comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(L) Any person who owns or operates a Waste Tire Collection Facility must comply with the facility's Engineering Design and Operations Plan (EDOP).

10.8.3WASTE TIRE COLLECTION FACILITY REGISTRATION REQUIREMENTS

(A) No person shall operate a Waste Tire Collection Facility without having received a Certificate of Registration from the Department.

(C) Certificate of Registration applications for operation of a Waste Tire Collection Facility must include:

1) The business name of the Waste Tire Collection Facility and any other names under which the Waste Tire Collection Facility may do business;

2) The principal business address of the Waste Tire Collection Facility;

3) A business telephone number(s);

4) The name and address of the responsible officer of a corporate Waste Tire Collection Facility, or the owner(s) of a Waste Tire Collection Facility operating a proprietorship or a partnership; and

5) The signature and date of signature of the Waste Tire Collection Facility applicant.

(E) A Certificate of Registration is not transferable by the owner or operator of a Waste Tire Collection Facility to whom it was issued to any other person or entity.

(F) An owner or operator of a Waste Tire Collection Facility who has previously filed an application for a Certificate of Registration as a Waste Tire Collection Facility (Form WT-1) is required to notify the Department in writing whenever changes occur to the following:

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number;

(7) The owner or operator of a Waste Tire Collection Facility will be operating at a new location not registered with the Department; or

(8) The owner or operator is no longer operating a Waste Tire Collection Facility at the location registered with the Department.

(G) The Department may cancel a Certificate of Registration of an owner or operator who no longer operates a Waste Tire Collection Facility at their registered location.

10.8.4WASTE TIRE COLLECTION FACILITY DECAL

(A) An application for a Certificate of Registration pursuant to section 10.8.3 above, shall also serve as an application for a Waste Tire Collection Facility decal.

(B) An owner or operator of a Waste Tire Collection Facility will receive a Waste Tire Collection Facility decal from the Department with its Certificate of Registration.

(C) Waste Tire decals will have a unique number.

(D) An owner or operator of a Waste Tire Collection Facility must post their Waste Tire Facility decal in a prominent location at the address used to store/accumulate tires and where the decal is visible to the Waste Tire Hauler or Mobile Waste Tire Processor.

10.8.5WASTE TIRE COLLECTION FACILITY MANIFEST REQUIREMENTS

(A) No owner or operator of a Waste Tire Collection Facility may accept a shipment often (10) or more waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations unless they comply with section 10.1.3 (E).

(B) Manifests for all shipments of waste tires accepted by an owner or operator of a Waste Tire Collection Facility must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery.

(C) No owner or operator of a Waste Tire Collection Facility may offer a shipment often (10) or more waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(D) No owner or operator of a Waste Tire Collection Facility may offer waste tires for mobile processing without receiving a manifest properly completed by the Mobile Waste Tire Processor pursuant to section 10.7.5 of these Regulations.

(E) Manifests for all shipments of waste tires shipped off-site and accepted on-site by the owner or operator of a Waste Tire Collection Facility must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery.

10.8.6WASTE TIRE COLLECTION FACILITY FINANCIAL ASSURANCE

All owners or operators of Waste Tire Collection Facilities must maintain financial assurance for any required reclamation and for closure and post-closure care of the Facility pursuant to section 4 of these Regulations.

10.8.7ANNUAL REPORT

Any person who owns or operates a Waste Tire Collection Facility must submit an annual report to the Department and local governing body having jurisdiction by March 1st of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report must include, by actual count or by actual weight in tons, the amount of waste tires received at the facility, how many waste tires were shipped off-site from the facility for the preceding calendar year, and the total amount of waste tires accepted from unregistered waste tire haulers.

10.8.8WASTE TIRE COLLECTION FACILITY SELF-CERTIFICATION

(A) The Department may require an owner or operator of a Waste Tire Collection Facility to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B) An owner or operator of a Waste Tire Collection Facility who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C) The Department will provide the owner or operator of a Waste Tire Collection Facility a reasonable amount of time to complete and return a checklist. At a minimum, the owner or operator of a Waste Tire Collection Facility will have fourteen (14) days from the date of receipt to return the checklist. A checklist is deemed returned on the date it is received by the Department. The Department may provide an extension of time to complete and return the checklist upon request.

(D) The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Collection Facility:

"I, the undersigned facility representative, certify that:

i. I have personally examined and am familiar with the information contained in this submittal;

ii. The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and

iii. I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information."

10.8.9WASTE TIRE COLLECTION FACILITY ENGINEERING DESIGN AND OPERATIONS PLAN

(A) Any person who owns or operates a Waste Tire Collection Facility must have and comply with an Engineering Design and Operations Plan approved by the Department, which must, at a minimum, include all of the following:

(1) General:

(a) Nature of the activity conducted at the facility;

(b) The capacity and type of equipment to be used at the facility;

(c) All methods of storage;

(d) Means used to track inventory on a volume or weight basis;

(e) Security measures;

(f) How the facility intends to implement the requirements listed in section 10.8.2 above; and

(g) Annual training requirements for all employees on all approved facility plans described in this section 10.8.9, and how that training will be documented and verified.

(2) Emergency Response Plan which includes:

(a) General facility information including:

(i) The facility name, mailing address and telephone number;

(ii) The facility operator's name, mailing address and telephone number; and

(iii) The property owner's name, mailing address and telephone number.

(b) An emergency contact list including the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency, including:

(i) The Emergency Coordinator;

(ii) The Facility Owner;

(iii) The Facility Operator;

(iv) The Local Fire Authority; and

(v) Any additional numbers that may be needed.

(c) Emergency Equipment available on site, including specific capabilities and uses.

(d) A map showing the location of fire lanes, tire pile configurations, fire hydrants, power supply, and emergency response equipment.

(e) A description of emergency response procedures to be followed in the event of a fire or other emergency.

(3) Fire Prevention, Training and Firefighting Plan which:

(a) Includes specification of the Facility's fire lane locations and widths;

(b) Includes resources to extinguish fires;

(c) Designates a Facility Emergency Coordinator;

(e) Ensures the owner or operator of a Waste Tire Collection Facility complies with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(4) Vector Control Plan which includes:

(a) Provisions for storage of tires in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means:

(i) cover with impermeable barriers, other than soil, to prevent entry or accumulation of precipitation, or

(ii) use of treatments or methods, such as pesticides, to prevent or eliminate vector breeding as necessary.

(b) Provisions ensuring that if pesticides are used in vector control efforts, they are used in accordance with the Pesticide Applicators Act, section 35-10-101, C.R.S.

10.8.10CLOSURE AND POST-CLOSURE CARE OF WASTE TIRE COLLECTION FACILITIES

(A) Any person who owns or operates a Waste Tire Collection Facility must close and maintain the closed facility in accordance with sections 2.5, 2.6, and 10.8 of these Regulations.

(B) Any person who owns or operates a Waste Tire Collection Facility must prepare a closure plan as part of an Engineering Design and Operations Plan and must describe the steps necessary to close the Waste Tire Collection Facility at any point during its active life and at the end of the facility's active life. The owner or operator of a Waste Tire Collections Facility must remove all solid waste and residual contamination to meet unrestricted use concentrations. The closure plan, at a minimum, must include the following information:

(1) Provisions for removal of all solid waste at the site, including:

(a) Proposed plans and procedures for sampling and testing soil based on visual identification of staining or other indications of residual contamination;

(c) A schedule for completing all activities necessary to satisfy the closure criteria of this section.

(2) The owner or operator of all Waste Tire Collection Facilities must submit a Closure Certification Report to the Department at the time of final closure. The report must summarize the document the closure activities, including any analytical results, needed to support the unrestricted use condition of the facility.

(3) At least sixty (60) days in advance of the proposed closure date, the owner or operator must notify the Department and the local governing authority of the proposed closure date.

(4) The owner or operator must notify the general public at least sixty (60) days in advance of the proposed closure by placing signs of suitable size at the entrance to the site and facility.

(5) The owner or operator of the facility must complete closure activities of the facility in accordance with the closure plan and within one hundred eighty (180) calendar days following the final receipt of waste tires. Extensions of the closure period may be granted by the Department if the owner or operator demonstrates that closure will take longer than one hundred eighty (180) calendar days and the owner/operator has taken and will continue to take all steps to prevent threats to human health and the environment.

(6) Closure Certification: Any person who owns or operates a Waste Tire Collection Facility must submit a closure certification report within sixty (60) calendar days of completion of closure activities which documents all the requirements and conditions of the closure plan have been achieved. The Report must be signed and sealed by a Colorado registered professional engineer and is subject to review and approval by the Department.

10.9STANDARDS FOR END USERS

10.9.1GENERAL

The requirements of this section 10.9 apply to End Users who end use more than ten (10) tons of tire-derived product or who end use more than ten (10) tons of whole waste tires for energy or fuel in any one calendar year.

10.9.2GENERAL STANDARDS FOR END USERS

(A) End Users must arrange for the commercial hauling or mobile processing of waste tires only with a Waste Tire Hauler or Mobile Waste Tire Processor who is currently registered pursuant to these Regulations.

(B) An End User that is not also registered as a Waste Tire Processor, Waste Tire Collection Facility or Waste Tire Monofill must not have onsite at any one time ten (10) or more whole waste tires.

10.9.3END USER REGISTRATION REQUIREMENTS

(A) End Users described in section 10.9.1 must register with and receive a Certificate of Registration from the Department.

(C) Certificate of Registration applications for operation as an End User must include:

1) The business name of the End User and any other names under which the End User may do business;

2) The principal business address of the End User;

3) A business telephone number(s);

4) The name and address of the responsible officer of a corporate End User, or the End User operating a proprietorship or a partnership; and

5) The signature and date of signature of the End User applicant.

(E) A Certificate of Registration is not transferable by the End User to whom it was issued to any other person or entity.

(F) An End User who has previously filed an application for a Certificate of Registration as an End User (Form WT-1) is required to notify the Department in writing whenever changes to the following occur:

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number;

(7) End use is occurring at a new location not registered with the Department; or

(8) End use is no longer occurring at the location registered with the Department.

(G) The Department may cancel a Certificate of Registration of a person who is no longer an end user.

10.9.4WASTE TIRE MANIFESTS

(A) No End User may accept a shipment of waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations.

(B) Manifests for all shipments of waste tires accepted by an End User must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery.

(C) No End User may offer a shipment of waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(D) No End User may offer more waste tires for processing without receiving a manifest properly completed by the Mobile Waste Tire Processor pursuant to section 10.7.5 of these Regulations.

(E) Manifests for all shipments of waste tires shipped off-site and accepted on-site by an End User must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery.

10.9.5ANNUAL REPORT

(A) End Users described in Section 10.9.1 must submit an annual report to the Department and local governing body having jurisdiction by March 1st of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report must include the amount, by actual count or by actual weight in tons, of waste tires and tire derived product received at the End User's facility during the previous year, and how many waste tires were used to generate energy or fuel during the previous year.

(B) An End User may claim that information or data submitted in the Waste Tire Annual Report should be withheld as Confidential Business Information ("CBI") or Trade Secret. The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.10STANDARDS FOR THE MANAGEMENT OF USED TIRES

10.10.1GENERAL

The requirements of this section 10.10 apply to any person who commercially accumulates, stores, transports, or dispenses used tires.

(A) All persons who accumulate, store, transport, or dispense used tires must develop and maintain on site and in the vehicle used for transport written criteria for distinguishing waste tires from used tires. Such criteria must be made available for inspection.

(B) All persons who accumulate, store, transport, or dispense used tires must clearly identify waste tires and used tires using the criteria developed pursuant paragraph (A) above.

(C) All persons who accumulate, store, transport, or dispense used tires must develop and maintain on site and in the vehicle used for transport written criteria for distinguishing used tires being held for sale in Colorado from used tires being held for sale outside Colorado. Such criteria must be made available for inspection.

(D) All persons who accumulate, store, transport, or dispense used tires must clearly identify used tires being held for sale in Colorado and used tires being held for sale outside Colorado according to the criteria developed pursuant to paragraph (C) above.

(E) All persons who accumulate, store, transport, or dispense used tires must organize used tires for sale in a manner that allows the inspection of each individual tire.

(F) Any person may claim that information or data contained in their written criteria described in this section 10.10.1 should be withheld as Confidential Business Information ("CBI") or Trade Secret. The Department will hold such information contained as CBI/Trade Secret pursuant to section 7-74-102, C.R.S. and section 18-4-408(2), C.R.S. The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.11WASTE TIRE FEE ADMINISTRATION

10.11.1 Any person who sells new motor vehicle or new trailer tires must collect and remit to the Department monthly the Waste Tire Fee pursuant to section 1.7.6 of these Regulations. This Waste Tire Fee applies to all new automobile, trailer, truck, motor home and motorcycle tires sold in Colorado.

10.11.2 Any person who has sold a new motor vehicle or new trailer tire in the previous twelve (12) months must submit to the Department monthly the applicable New Tire Fee Return Form available on the Department's website. The New Tire Fee Return Form must include, at a minimum, the following information:

(1) The account number;

(2) The time period (month/year) new tires were sold;

(3) The business name;

(4) The business mailing address;

(5) The business telephone number;

(6) The name of the business contact;

(7) The number of stores included in the New Tire Fee Return Form;

(8) If the New Tire Fee Return Form was amended;

(9) The number of tires sold (if applicable);

(10) The amount owed; and

(11) An authorized signature, title and date.

10.11.3 The payment of the Waste Tire Fee (if applicable) and the New Tire Fee Return Form must be delivered to the Department electronically or by hard copy and must be postmarked or submitted electronically by the 20th of each month for tires sold the previous month. Payments and forms received after the 20th of the month may be assessed a late fee often (10) percent in addition to the Waste Tire Fee.

10.11.4 Online payment of the Waste Tire Fee must be made by electronic check or credit card. Payments by mail must be by money order, cashier check or personal check. All other payment types, including cash payments or in-person payments will not be accepted.

10.11.5 The Department may deny a submittal made pursuant to this Section 10.11 if the Department determines a person has submitted an incorrect payment amount. In such cases, the Department will reimburse the incorrect payment and the person must resubmit the New Tire Fee Return Form with the correct payment within thirty (30) days.

10.11.6 Any person who aggregates monthly fees from multiple stores must submit monthly to the Department the Monthly New Tire Self Certification Form (Form WT-9) available on the Department's website. Form WT-9 must be delivered to the Department electronically or by hard copy and must be postmarked or submitted electronically by the 20^th of each month for new tires sold the previous month.

10.11.7 Any person who sells new motor vehicle or new trailer tires must retain and make available to the Department for review any documentation or records (such as receipts or invoices provided to customers or transaction records) related to new tire sales to ensure compliance with Section 30-20-1403 (1)(a), C.R.S., and the Regulations on the sales of these tires. Documentation and/or records must be retained for three (3) years from the date of sale.

10.11.8 Every receipt or invoice from the purchase of a new vehicle tire or new trailer tire must have the following statement:

(1) In the largest bold-face type capable base on point-of-sale software, on existing invoice printers possible, or from a permanent stamp, not to exceed fifteen points: "SECTION 30-20-1403, COLORADO REVISED STATUTES, REQUIRES RETAILERS TO COLLECT A WASTE TIRE FEE SET BY THE SOLID AND HAZARDOUS WASTE COMMISSION ON THE SALE OF EACH NEW MOTOR VEHICLE TIRE AND EACH NEW TRAILER TIRE."

(2) Until December 31, 2023, the $1.25 Waste Tire Fee for each new tire purchased. Beginning January 1, 2024, the $.55 Waste Tire Fee for each new tire purchased.

10.12WASTE TIRE END USERS FUND

10.12.1GENERAL RULES

A.General Rules of Eligibility:

1. The following are eligible to apply for the rebate from the End Users Fund (the "Fund"):

(a) Colorado registered End Users of Colorado-generated tire-derived products or Colorado generated waste tires who end use in Colorado;

(b) Colorado Retailers who sell certain Colorado-generated tire-derived products made in Colorado from Colorado-generated waste tires; and

(c) Colorado registered Waste Tire Haulers who are also a Colorado registered End User or contracted with a Colorado registered End User that is also a Colorado registered Waste Tire Hauler.

2. A business or person who is required to be registered with the Secretary of State's office to conduct business in the State of Colorado must be in "Good Standing" to be eligible for the rebate.

3. Once the Department has paid a rebate or denied a rebate on a particular quantity of tire-derived product or whole waste tires used for energy or fuel, every part of that particular quantity of tire-derived product or whole waste tires is no longer eligible for payment of the rebate. This includes payments made before the adoption of these Rules.

4. Once the Department has paid a rebate or denied a rebate on a particular quantity of waste tires hauled from a rural county to a Colorado registered End User, those same hauled waste tires may be eligible for a rebate as described in 10.12.1 (A) (3), as long as the Waste Tire Hauler and End User are knowingly operating in good faith.

5. When waste tires are processed at the location of an illegal disposal with funds from the Waste Tire Administration, Enforcement, Market Development, and Cleanup Fund, neither the retail sale of the tire-derived product generated or end use of the tire-derived product created is eligible for a rebate from the Fund.

6. When waste tires are removed from the location of an illegal disposal with funds from the Waste Tire Administration, Enforcement, Market Development, and Cleanup Fund and processed at a separate location not using funds from the Waste Tire Administration, Enforcement, Market Development and Cleanup Fund, the retail sale of the generated tire-derived product and the end use of the tire-derived product created is eligible to receive a rebate from the Fund so long as all the other eligibility requirements are met.

7. When waste tires are removed from the location of an illegal disposal with funds from the Waste Tire Administration, Enforcement, Market Development, and Cleanup Fund from a rural county to a registered Waste Tire Processor, Waste Tire Collection Facility, Waste Tire Monofill, or Waste Tire End User, those waste tires are not eligible for a Waste Tire Hauler rebate from the Fund.

8. Any end use of waste tires or tire-derived products must meet the performance criteria of Section 8.6.2 (E) to be eligible to receive a rebate from the Fund.

B.General Rules for End Users

1. To be eligible to receive a rebate for end using tire-derived products or whole waste tires to generate energy or fuel, a person must be currently registered with the Department as an End User. Any applicant who end uses tire-derived products or whole waste tires to generate energy or fuel prior to registration with the Department is not eligible for a rebate.

2. The Department will pay the rebate to an End User only if the end use complies with all local requirements in the jurisdiction where end use occurs. Any rebate issued to an End User where it is later determined that the end use of the tire-derived products or waste tires by the End User was not approved by the jurisdiction where the end use occurred, the Department may request that the applicant return the rebate to the Fund.

3. Eligible and Ineligible End Uses. Table 10-12.01 states which end uses are eligible for which category of rebate and some potential uses that are ineligible.

4. To receive the End User rebate for the end use of waste tire bales:

a. The applicant must submit the End Users Tire Bale Approval Form, available on the Department's website.

C.General Rules for End Users applying for a Waste Tire Hauler rebate

1. To be eligible to apply for a rebate, a person must be registered with the Department as a Waste Tire Hauler and an End User. Any hauling of waste tires prior to registration with the Department is not eligible for a rebate.

2. Only waste tires originated and hauled from rural counties (population of fewer than 60,000 residents according to the Colorado Department of Local Affairs State Demography Office) are eligible for a rebate for the Waste Tire Hauler and End User. Counties that meet this standard will be listed on the Waste Tire Hauler application and posted on the Department's website. The most current population statistics will be used to determine if a county is considered rural for the purpose of waste tires being eligible for a rebate.

3. The End User applying for a Waste Tire Hauler rebate must provide independent Waste Tire Manifests (Form WT-2) and weight tickets for those waste tires hauled from a rural county to a registered End User to be eligible for a rebate.

4. To receive the Waste Tire Hauler rebate for the hauling of waste tires, the applicant must submit the Waste Tire Hauler application, available on the Department's website.

D.General Rules for Retailers

1. To be eligible to apply for a rebate, a Retailer must have a current Colorado retail sales tax license pursuant to Section 39-26-103, C.R.S. Any tire-derived product sold prior to the Retailer having a Colorado retail sales tax license is ineligible for a rebate from the Fund.

2. To be eligible for a Retailer rebate, the retail sale must be to the ultimate consumer and the Retailer must collect sales tax unless the ultimate customer is otherwise exempt from paying sales tax.

3. Only tire-derived product that is sold to ultimate customers is eligible for a rebate for the Retailer from the Fund.

4. Eligible and Ineligible Retailers. Table 10-12.01 states which sales are eligible to receive the retailer rebate and some potential sales that are ineligible.

Table 10-12.01 Eligible End Uses and Retailing for the End Users Fund

This table describes potential scenarios for waste tire and tire-derived product end use and retailing. This Table does not create new rights or eligibilities or discuss every potential scenario; it attempts to explain the rights and eligibilities established in statute. Any activity not covered by this Table may still be eligible for a rebate at the Department's discretion pursuant to these regulations and section 30-20-1401, C.R.S., et seq.

Column Breakdown Explanation:

Tier I: Crumb rubber and tire-derived fuel for energy recovery

Tier II: Molded products and rubber mulch

Tier III: Waste tire bales, alternative daily cover, tire-derived aggregate

Not eligible for a rebate: Scenarios does not qualify for a rebate under the current statute or regulations

Table 10-12.01 Eligible End Uses and Retailing for the End Users Fund

Then you are eligible for
Scenario, if you are......	Tierl	Tier 2	Tier 3	Not Eligible for a rebate
An End User who end uses tire-derived fuel or whole waste tires for energy recovery or a fuel substitute at a permitted facility (cement kilns, biofuel plants, electric arc furnaces, or power plants).	X
An End User who end uses crumbed rubber to manufacture a final product (e.g. molded products, cement, deck boards, furniture, etc.) with a demonstrated sale to an ultimate customer.	X
An End User who installs a tire-derived product that includes crumbed rubber (e.g. asphalt, concrete, etc.) into a construction, highway, or paving application for a commercial or industrial purpose.	X
An End User who installs crumbed rubber on a playground, athletic field, or for a landscaping project on a residential, commercial or public property.	X
A retailer who sells crumbed rubber to the ultimate customer who will use the crumb rubber for its final intended use (e.g. infill on an athletic field, etc.). Applicant charges sales tax for this transaction, or does not charge sales tax for this transaction because the consumer is an exempt organization (charity, government agency, or another tax exempt entity).	X
An End User who installs rubber mulch on a playground or landscaping project on a residential, commercial or public property.	X
An End User who end uses rubber mulch to manufacture a final product (e.g. molded products, deck boards, furniture, wattles, etc.) with a demonstrated sale to an ultimate customer.	X
A retailer who sells rubber mulch to the ultimate customer who will use the rubber mulch for its final intended use (e.g. landscaping, playground, etc.). Applicant charges sales tax for this transaction, or does not charge sales tax for this transaction because the consumer is an exempt organization (charity, government agency, or another tax exempt entity).	X
A retailer who sells molded products to the ultimate customer who will use the molded products for its final intended use (e.g. furniture, deck boards, erosion control products, etc.). Applicant charges sales tax for this transaction, or does not charge sales tax for this transaction because the consumer is an exempt organization (charity, government agency, or another tax exempt entity).	X
An End User who is end using waste tire bales bound with stainless or galvanized steel baling wire, that are installed to facilitate waste tire bale stability and longevity, are in accordance with general engineering and agricultural practices, as allowed by state laws and regulations and local ordinances and meet requirements of Section 10.13. Only waste tire bales end uses listed on Table 3- Pre-Approved Beneficial Uses table on the department's website are eligible for a rebate.	X
An End User who received and uses a tire-derived product as alternative daily cover at a landfill permitted by the state and is approved for use of tire shreds for alternative cover for municipal solid waste. The tire shreds must meet specification standards as Type-B tire-derived aggregate as established by the ASTM Standard D6270.	X
An End User who installs tire-derived aggregate for civil engineering projects (highway embankments, permanent cover for a landfill cell, leachate cells at landfills, base material for roads, etc.). The tire-derived aggregate must meet specification standards as Type-A tire-derived aggregate as established by the ASTM Standard D6270.	X
A waste tire processor who is processing whole waste tires into any tire-derived product.	X
Selling whole waste tires.	X
Selling waste tire bales.	X
Selling or end using sidewalls used for silage covers or any other approved end use.	X
Sale or end use of any steel generated and separated from a processing of a waste tire.	X
Reusing any used or whole waste tire as a vehicle tire, trailer tire, or any usage of husbandry.	X
Burning a whole waste tire or tire-derived product at a non-permitted facility and without recovering the energy.	X
Creating buffings from the recapping or retreading of a tire.	X
Recapping or retreading a tire for any vehicle or non-vehicle use.	X
Using buffings generated from the recapping or retreading process.	X
Disposing of waste tires or tire-derived products.	X
Using whole waste tires, upon CDPHE beneficial use approval, for erosion control, stormwater management, sound damping, grade fill, corrals, fencing, home construction, and other approved uses.	X
Using whole waste tires or tire-derived products for a non-beneficial use.	X
Using whole waste tires or tire-derived products out-of-state.	X

10.12.2APPLICATION PROCEDURES

A. A person applying for a rebate must comply with all the provisions of this Section 10.12.2.

B. An applicant for a rebate must file a complete application on Department Form WT-11, providing at a minimum:

1. Applicant's name and address.

2. Name and location where end use, retail sale, or waste tire hauling occurred.

4. Certification the waste tires were Colorado-generated.

5. For End Users:

(a) The source of waste tires or tire-derived product;

(b) A description of the end use; and

(c) The End User's Waste Tire Certificate of Registration number.

6. For End Users applying for a Waste Tire Hauler rebate:

(a) A list of rural locations that waste tires were hauled from;

(b) A list of End Users that received the hauled waste tires;

(c) A description of the end use of the hauled waste tires;

(d) The Waste Tire Hauler's Waste Tire Certificate of Registration number; and

(e) The End User's Waste Tire Certificate of Registration number.

7. For Retailers:

(a) A list of consumers the Retailer sold the tire-derived product to;

(b) A description of the tire-derived products sold; and

(c) Proof the Retailer collected sales tax on the retail sale or that the retail sale was exempt from sales tax.

8. The amount of waste tires or tire-derived product sold by a retailer, end used, or hauled by weight in tons.

9. The time period in which the waste tires or tire-derived product were sold by a retailer, end used, or hauled.

10. Other supporting documentation required by the Department.

11. Authorized signatures and initials where required.

C.Timing of Rebate Applications:

1. Applications for rebates will be accepted no later than the stated due date on the application and/or Department's website.

2. Applications will only be accepted for activities that occurred in the previous calendar quarter period.

3. The Department will only accept applications send by mail, courier, or delivered to the Department's mailroom (must be stamped and signed and/or initialed by mailroom personnel as received).

4. Applications received or postmarked after the due date will be automatically denied.

5. The Department will not accept emailed or faxed applications.

6. The Department will not accept adjustments for processed applications from prior calendar quarter periods.

7. An applicant can only receive a rebate for activities occurring in the current fiscal year.

D. Any applicant's application must include a minimum of 10 tons end used, retail sale, and/or waste tires hauled to be eligible for a rebate.

E. The Department may deny a rebate to an applicant who has received funding from the Waste Tire Administration, Enforcement, Market Development, and Cleanup Fund if paying from both funds will result in double paying for the same activity.

F. Applicants must provide weight tickets from a scale that meets the requirements of the Colorado Measurement Standards Act, Sections 35-14-101 through 35-14-134, C.R.S. to document weights of waste tires or tire-derived product end used, tire-derived product sold in a retail sale, or waste tires hauled from a rural county. Other verifiable forms of documentation may be acceptable on a case by case basis based on approval of the Department's internal audit unit and/or the Colorado Attorney General's Office.

10.12.3PROCESSING OF APPLICATIONS

The Department will review applications according to a four-step process:

(1) review for completeness,

(2) review for compliance with applicable laws and regulations,

(3) review for eligible end uses, retail sales and waste tire hauling, and

(4) determination of a rebate amount.

A.Completeness: If an application is not complete or if supporting documentation is insufficient, then the Department will notify the applicant and grant the applicant a five (5) business day grace period to submit the missing information. The Department may defer paying rebates to all applicants until adequate information is received. If the applicant does not submit adequate information in the prescribed time period, then the Department may deny a rebate for that quarter.

B.Compliance: After the Department has determined all applications submitted in a given quarter have been received, it will conduct a compliance verification to ensure each applicant is in compliance with all applicable environmental laws and regulations and was in compliance with all applicable environmental laws and regulations during the time period for which they are seeking a rebate. Applicants must notify the Department of any pending or active compliance issues to assist in the compliance verification. Any applicant who does not notify the Department of any known compliance issues may lead to automatic denial of any submitted or pending applications.

C.Eligibility: After compliance verification, the Department determines which applicants are eligible for rebates.

D.Rebate amount: The Department will calculate the amount of rebate per Section 10.12.5 of these Regulations and notify each applicant of its determination.

10.12.4APPEALS PROCESS

A.For approved applications, if an applicant believes the Department has made a calculation error in the response to an approved application, the applicant must notify the Department in writing within five (5) business days of receiving the Department's response. The notice must contain:

1. A copy of the original submitted application and supporting documents;

2. A copy of the Department's response;

3. A detailed description describing the believed error;

4. Copies of any documents supporting the detailed description.

The Department will review the notice and attached documents and may further investigate the matter and ask for additional information from the applicant. Any additional information requested information would be due within five (5) business days of the Department's request. Any incomplete appeal submittals or inability to submit additional requested information must lead to an automatic denial of the appeal by the Department.

The Department will only accept appeals sent by mail, courier, or delivered to the Department's mailroom (must be stamped and signed or initialed by mailroom personnel as received). Appeals received or postmarked after the due date will be automatically denied without review. The Department will not accept emailed or faxed appeals.

1. If the Department concludes an error has been made and the Department has not yet paid the rebate that quarter, then the Department will reinstate the application and recalculate the payment before paying any rebates that quarter.

2. If the Department concludes an error has been made and the Department has already paid the rebates that quarter, then the Department will notify the applicant and reimburse the applicant from the next quarter's rebate money, as available, according to the following method:

(a) The Department will determine what the applicant should have been paid had the Department not erred;

(b) The Department will pay the applicant that amount from the next quarter's money; and

(c) The next quarter's money will be reduced accordingly.

3. If the Department concludes no calculation error was made, then it will notify the applicant that its previous determination was not in error and is final. This determination is subject to appeal pursuant to Section 24-4-106, C.R.S.

B.For denied applications: If an applicant believes his or her application was wrongly denied, then the applicant must, within five (5) business days of denial, submit the following to the Department:

1. A copy of the denied application and supporting documents;

2. The denial letter;

3. A statement explaining why the applicant believes the Department erred; and

4. All other information the applicant believes relevant.

The Department will only accept original appeals send by mail, courier, or delivered to the Department's mailroom (must be stamped and signed or initialed by mailroom personnel as received). Appeals received or postmarked after the due date will be automatically denied without review. The Department will not accept emailed or faxed original appeals.

1. If the Department concludes it erred in denying the application, and the Department has not yet paid the rebate that quarter, then the Department will reinstate the application and recalculate the payment before paying the rebate that quarter.

2. If the Department concludes it erred in denying the application and the Department has already paid the rebate that quarter, then the Department will notify the applicant and reimburse the applicant from the next quarter's money, as available, according to the following method:

(a) The Department will determine what the applicant should have been paid had the Department not erred;

(b) The Department will pay the applicant that amount from the next quarter's money; and

(c) The next quarter's money will be reduced accordingly.

3. If the Department concludes no error was made, then it will notify the applicant that its previous determination was not in error and is final. This determination is subject to appeal pursuant to Section 24-4-106, C.R.S.

10.12.5REBATE AMOUNT

A. The Department will pay the rebate amount on a per-ton basis.

B. Beginning January 1, 2024, the amount of the rebate is as follows:

(1) Tier 1: $50 per ton;

(2) Tier 2: $25 per ton;

(3) Tier 3: $12.50 per ton; and

(4) Waste Tire Hauler: $12.50 per ton.

C. If the tons approved for the rebate in any one quarter multiplied by the amount of the rebate rates in Section 10.12.5(B) exceeds the balance of the Fund, then the Department must reduce the per ton amount of the rebate that quarter to a rate that will not cause a deficit in the Fund. The Department must reduce the per ton rates proportionally until all rebate funds are exhausted.

Any applicant who does not receive a full rebate due to not enough moneys in the Fund cannot later claim the missing funds in a later application submittal or request.

D. Twenty-five percent of the expected annual rebate amount will be held in reserve before paying the first quarterly rebate.

10.12.6ENFORCEMENT

A. A person who applies for a rebate is subject to a review by the Department at any time. Applicants must allow access to all records related to waste tire management activities during normal business hours for the purpose of determining compliance with these rules for five (5) years from the date of receiving a rebate. Any applicant who refuses a review by the Department must have any submitted or pending application denied and will be ineligible for any future rebates from the Fund.

B. If an applicant provides information that constitutes a trade secret, confidential personnel information, or proprietary commercial or financial information, in accord with Section 24-72-204, C.R.S., then the applicant may request the Department withhold such documents from disclosure in the event the Department receives a request for records in accord with the Colorado Open Records Act, section 24-72-101 et seq. All such documents must be clearly marked with the term "Proprietary Information" on each appropriate page. Records marked as containing trade secret, confidential, personnel, or proprietary information that do not actually contain such information may be released pursuant to an Open Records Act request.

C. In addition to any other penalty imposed by law, any applicant who knowingly or intentionally provides false information to the Department when applying for a rebate must be ineligible to receive any future rebates from the Fund and moneys from the Waste Tire Administration, Enforcement, Market Development and Cleanup Fund. The Department may refer any evidence obtained during the investigation to the Colorado Attorney General Office or other law enforcement agencies for further review and potential prosecution.

D. The Department may deny the rebate to any person who is out of compliance with any State or Federal environmental laws, rules or regulations.

E. The Department may hold any application due to compliance issues for the duration of the fiscal year in which that it is submitted, pending the resolution of the compliance issue. If at the end of the fiscal year the compliance issue has not been resolved, then the Department may deny any applications being held. Any applicant who knowingly withholds information on current compliance advisories, orders, or other formal notifications may have any submitted or pending applications denied.

10.13STANDARDS FOR END USERS AND LANDOWNERS OF WASTE TIRE BALES

A. End Users or landowners of waste tire bales must maintain the integrity of individual waste tire bales at all times. Loose whole or cut waste tires from broken waste tire bales are viewed as waste tires and are subject to the applicable requirements of Section 10 of these rules.

B. Broken waste tire bales must be repaired within 90 days of discovery, or alternatively removed from the property for proper disposal within 90 days of discovery.

C. Beneficial use of waste tire bales must be approved by the Department prior to placement, unless the end use is listed as pre-approved beneficial use per the Pre-Approved Beneficial Uses Table 3 listed on the Department's website.

D. The Department may notify the local fire jurisdiction when waste tire bales are placed on any property for end use.

E. End Users or landowners end using waste tire bales are subject to Department inspection.

F. Once waste tire bales are no longer serving their beneficial use, the End User or landowner must remove the waste tire bales within 120 calendar days. The waste tire bales must be delivered to a registered waste tire facility and manifested in accordance with Section 10 requirements. An End User must cancel their End User registration within 90 days of the removal of all waste tire bales.

G. End Users or landowners of waste tire bales whom have received rebate monies from the Fund (past or present) may be ineligible for waste tire cleanup funds for the cleanup of waste tires or tire-derived products for which rebates were received. The Department may consider exceptions in the instance of an emergency or change of ownership.

H. Waste tire bales used in any manner not on the Department's Pre-Approved Beneficial Use List Table 3, or approved by the Department on a case-by-case basis is considered waste tire disposal and is subject to applicable parts of this Section 10.

6 CCR 1007-2-10

37 CR 17, September 10, 2014, effective 9/30/2014

37 CR 24, December 25, 2014, effective 1/14/2015

38 CR 11, June 10, 2015, effective 6/30/2015

38 CR 23, December 10, 2015, effective 12/30/2015

39 CR 23, December 10, 2016, effective 12/30/2016

39 CR 23, December 25, 2016, effective 12/30/2016

40 CR 05, March 10, 2017, effective 4/14/2017

40 CR 21, November 10, 2017, effective 1/1/2018

40 CR 21, November 10, 2017, effective 3/1/2018

41 CR 06, March 25, 2018, effective 4/14/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 11, June 10, 2018, effective 7/15/2018

41 CR 24, December 25, 2018, effective 1/14/2019

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 11, June 10, 2019, effective 6/30/2019

42 CR 21, November 10, 2019, effective 11/30/2019

43 CR 06, March 25, 2020, effective 4/14/2020

43 CR 12, June 25, 2020, effective 7/15/2020

43 CR 18, September 25, 2020, effective 10/15/2020

43 CR 24, December 25, 2020, effective 1/14/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 23, December 10, 2022, effective 12/30/2022

46 CR 17, September 10, 2023, effective 9/30/2023