DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Amendment of § 100.32(a)(1)(xii) 

1) Paragraph (a)(1)(xii) of Section 100.32 is revised to read as follows: 

§ 100.32 DOCUMENT REVIEW AND ACTIVITY FEES
(a) Applicability.  Facilities subject to regulation under Parts 264 or 265 of these regulations are subject to the following fees:
(1) Document Review Fees.  The Document Review Fees shall provide reimbursement to the Department for professional staff and administrative personnel time spent reviewing, evaluating and responding to any and all documents submitted or required to be submitted in connection with the following:
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(xii) Environmental Covenants, notices of environmental use restriction, or documents required under § 25-15-320(3), C.R.S.
  	For purposes of this section, "evaluating" includes time spent determining whether the document is adequate for its intended purpose and/or complies with regulatory requirements.  The term "responding" includes Department determinations to approve, approve with conditions, request additional information or modify, or disapprove, revoke, reissue, terminate or deny the permit, closure plan or other document.  The term "reviewing" includes reviews of information submitted to the Department by the facility or its agents, regardless of whether the documents require a determination by the Department.
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2) Section 8.76 {Statement of Basis and Purpose for the Rulemaking Hearing of May 17, 2011} is added to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of May 17, 2011
8.76 	Basis and Purpose.
This amendment to 6 CCR 1007-3, Part 100 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Amendment of § 100.32(a)(1)(xii)
The proposed amendment is a clarifying change to the document review regulations.  The regulations currently allow the Department to charge document review fees for time spent reviewing, evaluating and responding to “documents submitted or required to be submitted in connection with” certain specified subjects, including  “Environmental Covenants or documents required under § 25-15-320(3), C.R.S.”  6 CCR 1007-3, § 100.32(a)(1)(xii).  This regulation was adopted before certain statutory amendments to the Environmental Covenant statute.  Those amendments created an alternative mechanism to an environmental covenant called a “notice of environmental use restrictions.”  While the language of the existing regulation is broad enough to include notices of environmental use restrictions (as they are submitted as an alternative to an environmental covenant in cases where a covenant would otherwise be required), expressly including the term removes any confusion that may exist on this point.