| Notice Filed with SOS |
01/11/2018 |
| Rule |
ProposedRuleAttach2018-00015.rtf |
| Additional Information |
AddInfoAttach2018-00015.rtf |
| Statutory Authority |
§ 30-20-102(5), C.R.S. grants the Solid and Hazardous Waste Commission the authority to specify by rule the initial accumulation periods, material types and quantities that a recycling facility may import and remain exempt from the requirement to obtain a Certificate of Designation. |
| Description of Subjects/Issues |
The purpose of revising Sections 8.5.4 and 8.5.5 of the Solid Waste Regulations is to update the regulations applicable to industrial recycling operations. The proposed revisions are only applicable to new industrial recycling facilities that begin operations after the effective date of these regulatory changes. The need to revise these regulations stems from challenges the Division has encountered from the regulated community under the existing regulations.
The revisions to Section 8.5.4 of the Solid Waste Regulations specify the type of registration form an owner/operator of an industrial recycling facility must submit, require Department approval of the registration form prior to receiving recyclable materials at a facility, and set forth what information needs to be included as part of the registration form. The revisions to Section 8.5.5 of the Solid Waste Regulations clarify the type of operations plan that needs to be submitted as part of the registration, specify the information that must be included in an Industrial Recycling Facility Operations Plan, require an owner/operator to set forth the proposed initial accumulation period and maximum volume and weight to be collected during the initial accumulation period in an Industrial Recycling Facility Operations Plan, and require an owner/operator to obtain approval of the operations plan prior to importing recyclable material. |
| Purpose/Objective of Rule |
This rule requires new industrial recycling facilties to submit a material accumulation plan for review and approval to the Department prior to importing recyclable materials into their site. Currently, industrial recycling facilities can import recyclable materials for up to 1 year, and the facility is not required to export any material until the 1-year accumulation period ends. The Division has encountered numerous facilities that have speculatively accumulated thousands of tons of waste material during the 1-year accumulation period and have left unsuspecting landowners and local governments with costly cleanups. This rule change should help prevent the speculative accumulation of these waste materials. |
| Basis And Purpose |
BasisAndPurposeAttachment2018-00015.rtf
|
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
No
|
| Hearing Date |
02/20/2018 |
| Hearing Time |
09:30 AM |
| Hearing Location |
CDPHE, 4300 Cherry Creek Dr. South, Bldg. A, Sabin Conference Room, Denver, CO 80246 |
| Contact Name |
Brandy Valdez Murphy |
| Contact Title |
Program Assistant, Environmental Programs and Solid and Haz. Waste Commission |
| Contact Telephone |
303-692-3467 |
| Contact email |
brandy.valdezmurphy@state.co.us |