Statutes, codes, and regulations
Colorado Administrative Code
Department 1000 - Department of AgricultureDivision 1007 - Plant Industry DivisionRule 6 CCR 1007-2 - SOLID WASTE SITES AND FACILITIES
Part 2 - REQUIREMENTS FOR SITING OF HAZARDOUS WASTE DISPOSAL SITES
Section 6 CCR 1007-2.2 - Definitions

6 Colo. Code Regs. § 1007-2.2

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-2.2 - Definitions

The following definitions, are used in these regulations, shall apply when used unless the context otherwise requires:

a) "Adverseeffect" means a human exposure that exceeds public health protection standards or that can be shown to produce effects on health contrary to a person's welfare, degradation of an environmental medium in excess of quality standards, or significant deterioration of vegetation, crops, or wildlife so as to endanger their viability or normal use.
b) "Aquifer" means any geologic formation, group of formations, or portion of a formation capable of yielding significant and useable quantities of groundwater to wells and springs.
c) "Board" means the state board of health created by 25-1-103, C.R.S. 1973, as amended.
d) "Department" means the Colorado Department of Health created by 25-1-102, C.R.S 1973, as amended.
e) "Disposal site" means all contiguous land, including publicly-owned land, used for hazardous waste disposal under common ownership.
f) "Domestic sewage" means untreated sanitary wastes that pass through a sewer system.
g) "Existing hazardous waste disposal site" means a hazardous waste disposal site which is in active operation prior to July 1, 1981.
h) "Federal act" means the federal "Solid Waste Disposal Act" , as amended by the Federal "Resource Conservation and Recovery Act of 1976" , and as from time to time amended (42 U.S.C. 6901et seq .).
i) "Governmental unit" means the State of Colorado, every county, city and county, municipality, school district, special district, and authority located in this state, every public body corporate created or established under the constitution or any law of this state, and every board, commission, department, institution, or agency of any of the foregoing or of the United States.
j) "Hazardous waste" means any material, alone or mixed with other materials, which has no commercial use or value, or which is discarded or is to be discarded by the possessor thereof, either of which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. The term does not include:
(i) solid or dissolved material in discharges which are point sources subject to permits under section 402 of the "Federal Water Pollution Control Act" , as amended;
(ii) source, special nuclear, or byproduct material as defined by the federal "Atomic Energy Act of 1954" , as amended;
(iii) agricultural waste from the raising of crops or animals, including animal manure, which are returned to the soil as fertilizers or soil conditioners;
(iv) solid or dissolved material in domestic sewage;
(v) irrigation return flows;
(vi) inert materials deposited for contruction fill or topsoil placement in connection with actual or contemplated construction at such location or for changes in land contour for agricultural and mining purposes if such depositing does not fall within the definition of treatment, storage or disposal of hazardous waste; or
(vii) any waste or other materials exempted or otherwise not regulated as a hazardous waste under the federal act.
k) "Hazardous waste disposal" means any final action to abandon, deposit, inter or otherwise discard hazardous waste after its use has been achieved or a use is no longer intended or the discharging of hazardous waste into the environment. The term includes the off-site surface impoundment of hazardous waste such as a holding, storage, settling or aeration pit, pond or easoon, except as provided in the following sentence or in Section 25-15-201(4), C.R.S. The term does not include:
(i) recycling, reclaiming, incineration, processing, or other treatment of hazardous waste (for the purposes of this subparagraph, the surface impoundment which is part of a sewage treatment works on feedlot operation shall be considered as treatment and not disposal, any recycling, reclaiming, incineration, processing, or treatment facility shall be subject to all local land use regulations);
(ii) the beneficial use, including use for fertilizer, soil conditioner, fuel or livestock feed, of sludge from wastewater treatment plants if such sludge meets all applicable of the Department.
l) "Hazardous waste disposal site" means contiguous land, including publicly-owned land, under common ownership which is used for hazardous waste disposal.
m) "Incompatible wastes" means a waste unsuitable for commingling with another waste or material if the commingling might result in:
(i) generation of extreme heat or pressure;
(ii) fire;
(iii) explosive or violent reaction;
(iv) formation of substance which are shock-sensitive, friction-sensitive, or which otherwise have the potential of reacting violently;
(v) the formation of toxic dusts, mists, fumes or gases or toher chemical;
(vi) volatilization of ignitable or toxic chemicals due to heat generation in such a manner that the likelihood of contamination of groundwater or escape of the substances into the environment is increased; or
(vii) any other similar reaction.
n) "Inert material" means non-watersoluble and nondecomposable inert solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids according to rules and regulations of the board. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and other non-watersoluble and nondecomposable inert solids including those the board may identify by regulation.
o) "Landfill" means a natural depression or artificial excavation or other arrangement where wastes are placed in or on land to confine waste materials therein in a manner that constitutes disposal. For the purpose of this Part 2, closed or inactive on-site waste piles and on-site surface impoundments are not considered to be landfills.
p) "Land treatment facilities" means locations and sites where hazardous wastes are applied onto the land and/or incorporated into the surface soil for the purpose of biological reduction and/or soil attenuation in such a manner as to constitute hazardous waste disposal.
q) "Leachate" means liquid that has or may be percolated through or drained from a solid or hazardous waste landfill or surface impoundment which contains soluble, partially soluble, or miscible components removed from such waste contained therein.
r) "Location" The area described in the legal definition of the property contained in application for a Certificate of Designation to the Board of County Commissioners of a county or to the governing body of a municipality in which a hazardous waste disposal site is proposed.
s) "Long-term" ,when used in connection with hazardous waste disposal means a period of time after operations and post closure activities are completed during which consideration of the chemical and physical state, the persistence, and any potential removal of hazardous waste from its disposal location are of concern relative to public health and environmental protection.
t) "Manifest" means the docuemnt used for identifying the quantity, composition, origin, routing, and designation of hazardous waste during its transportation from the point of generation to the point of storage, treatment, or disposal.
u) "On-site hazardous waste disposal site" means a site excluded from a requirement to obtain a certificate of desingation from the applicable local government by Section 25-115-201(4) and (5) of the State Act for disposal of one's own waste or of a mining waste.
v) "Operator" means the person operating a hazardous waste disposal site either by contract or permit.
w) "Person" means any individual, public or private corporation, partnership, association, firm, trust or estate; the state of any executive department, institution, or agency thereof; any municipal corporation, county, city and county, or other political subdivision of the state; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
x) "Publicily-owned land" means any land owned by the federal government or any agency thereof or land owned by the state or any agency or political subdivision thereof.
y) "State Act" , when used in connection with hazardous waste, means the provisions of Article 15 of Title 25 of the Colorado Revised Statutes, as amended.
z) "Substantial change in ownership, design or operation" means any redesign or planned construction which would significantly negate the planned design performance of a hazardous waste disposal site as originally designated; an increase in waste quantities to be disposed in excess of 10% of the total lifetime disposal capacity that was originally designated; the addition of category of wastes more hazardous then those originally planned to be received; the planned construction of a new facility, disposal cell, or other waste handling process that has not been previously reviewed and accepted as complying with these regulations; or the selling or transferring of the site or the certificate or designation to a new owner owner or operator.
AA) "Surface impoundment" means any natural depression, artificial excavation or dike arrangement, including a pit, pond, or lagoon, to be used or operated in such a manner that it may directly or indirectly result in the disposal of hazardous waste or long-term containment of hazardous wastes so as to constitute disposal.

6 CCR 1007-2.2

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