6 Colo. Code Regs. § 1007-3-8.37

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

Section 6 CCR 1007-3-8.37 - Basis and Purpose

These amendments to 6 CCR 1007-3, Part 261 Appendix IX are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of Part 261 Appendix IX to Conditionally Delist Reconstructed Cell Leachate Generated at the Denver Arapahoe Chemical Waste Processing Facility ("DACWPF")

The purpose of this amendment to Appendix IX of Part 261 of the Colorado Hazardous Waste Regulations is to grant the petitioner a conditional delisting of its leachate collected from the primary and secondary leachate collection sumps of a reconstructed waste disposal cell at the Denver Arapahoe Chemical Waste Processing Facility ("DACWPF") in Aurora, Colorado. Granting this petition will enable Waste Management of Colorado Inc. (WMC) to use the collected leachate for dust suppression at Subtitle D solid waste disposal facilities.

DELISTING PETITION REVIEW - EXECUTIVE SUMMARY

PETITIONER: Waste Management of Colorado Inc. (WMC)

SUBMITTAL DATE: June 17, 1998

DESCRIPTION OF WASTE: The waste stream identified in this petition is leachate collected from the primary and secondary sumps of a closed hazardous waste landfill. The landfill is the closed commercial hazardous waste landfill at the Denver Arapahoe Chemical Waste Processing Facility (DACWPF) located at 27500 East Yale Avenue, Aurora Colorado. The leachate generated by the landfill is classified as an F039 hazardous waste.

CONTENT OF THE PETITION: The Hazardous Materials and Waste Management Division has determined that WMC's June 16, 1998 Delisting Petition meets the requirements of 6 CCR 1007-3, Section 260.20, with some qualifications.

PURPOSE OF THE PETITION: WMC is asking for the conditional delisting of a waste stream generated at the closed DACWPF commercial hazardous waste landfill. The petition specifically requests the delisting of the leachate collected in the primary and secondary leachate collection sumps which is currently managed as an F039 hazardous waste. The delisting petition requests that the leachate be permitted to be used for dust suppression at Subtitle D solid waste disposal facilities. WMC believes that use of the leachate as a dust suppressant at Subtitle D solid waste disposal facilities is justified based upon their risk assessment which indicates that the leachate poses no hazards to human health or the environment if managed in this manner.

CONDITIONS OF THE DELISTING:

1) The collected leachate must be used only for dust suppression at Subtitle D solid waste disposal facilities;

2) Use of the collected leachate for dust suppression shall be limited to areas within the footprint of any Subtitle D solid waste disposal facility liner system and shall not be applied to the final cover of any subtitle D solid waste disposal facility;

3) The leachate must be sampled annually and analyzed for toxicity characteristic leaching procedure ("TCLP") metals, volatiles, semi-volatiles, and pesticides to ensure that it will satisfy the conditions presented in the petition and does not exceed applicable risk levels; and

4) Appropriate precautions should be taken to avoid dermal contact or ingestion of the leachate such as, where appropriate, use of repellent boots, coveralls, gloves, and safety glasses.

Statement of Basis and Purpose - Rulemaking Hearing of April 20, 1999

6 CCR 1007-3-8.37

37 CR 24, December 25, 2014, effective 3/2/2015

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

39 CR 05, March 10, 2016, effective 3/30/2016

39 CR 11, June 10, 2016, effective 6/30/2016

40 CR 06, March 25, 2017, effective 4/14/2017

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 21, November 10, 2017, effective 11/30/2017

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

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

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

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

42 CR 06, March 25, 2019, effective 5/30/2019

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

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

44 CR 06, March 25, 2021, effective 4/14/2021

44 CR 11, June 10, 2021, effective 6/30/2021

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

45 CR 11, June 10, 2022, effective 6/30/2022

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

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

45 CR 23, December 10, 2022, effective 1/30/2023