| Notice Filed with SOS |
01/11/2018 |
| Rule |
ProposedRuleAttach2018-00016.pdf |
| Additional Information |
AddInfoAttach2018-00016.pdf |
| Statutory Authority |
This amendment to 6 CCR 1007-2, Section 1.7.3 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Sections 25-15-302(4.5) and 30-20-109, C.R.S. |
| Description of Subjects/Issues |
The purpose of this amendment to Section 1.7.3 is to remove Part 7 transfer stations and Part 8 recycling facilities from the list of solid waste facilities that are assessed an annual fee. Currently, transfer stations are subject to an annual fee of $1,000 and recycling facilities are subject to an annual fee of $150.
The Division has recently discovered that inclusion of transfer stations and recycling facilities in the list of facilities subject to the Section 1.7.3 annual fees is in direct conflict with the Solid Waste Act. The wording of § 30-20-109(2.5), C.R.S. called for the establishment of annual fees for “solid waste disposal sites and facilities.” However, sections 30-20-102(5) and 30-20-102(7), C.R.S. specifically state that recycling facilities and transfer stations “shall not be deemed to be a solid waste disposal site and facility.
To correct the existing conflict with the statutory language, this amendment to Section 1.7.3(A)(1) and 1.7.3(A)(3) removes Part 7 transfer stations and Part 8 recycling facilities from the list of solid waste facilities that are assessed an annual fee. |
| Purpose/Objective of Rule |
The purpose of this amendment to Section 1.7.3 is to remove Part 7 transfer stations and Part 8 recycling facilities from the list of solid waste facilities that are assessed an annual fee. Currently, transfer stations are subject to an annual fee of $1,000 and recycling facilities are subject to an annual fee of $150.
The Division has recently discovered that inclusion of transfer stations and recycling facilities in the list of facilities subject to the Section 1.7.3 annual fees is in direct conflict with the Solid Waste Act. The wording of § 30-20-109(2.5), C.R.S. called for the establishment of annual fees for “solid waste disposal sites and facilities.” However, sections 30-20-102(5) and 30-20-102(7), C.R.S. specifically state that recycling facilities and transfer stations “shall not be deemed to be a solid waste disposal site and facility.” |
| Basis And Purpose |
BasisAndPurposeAttachment2018-00016.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 Drive South, Bldg. A, Sabin Conference Room |
| Contact Name |
Brandy Valdez Murphy |
| Contact Title |
Program Assistant, Environmental Programs and Solid and Hazardous Waste Commission |
| Contact Telephone |
303-692-3467 |
| Contact email |
brandy.valdezmurphy@state.co.us |