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Code of Colorado Regulations eDocket
Details of Tracking Number
2022-00369
CCR details
| Tracking Number |
2022-00369 |
| Type of Filing |
Permanent Rule |
| Department |
1000 Department of Public Health and Environment |
| Agency |
1007 Hazardous Materials and Waste Management Division |
| CCR Number |
6 CCR 1007-3 Part 261 |
| CCR Title |
HAZARDOUS WASTE - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE |
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Proposed rule
| Notice Filed with SOS |
07/11/2022 |
| Rule |
ProposedRuleAttach2022-00369.pdf |
| Statutory Authority |
These modifications are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Section 25-15-302(2), C.R.S. |
| Description of Subjects/Issues |
Appendix IX of Part 261 (Wastes Excluded Under §§ 260.20 and 260.22) is being amended to remove Delisting #003 (“delisting”), the conditional delisting granted to the Denver Arapahoe Chemical Waste Processing Facility (“DACWPF”), operated by Waste Management of Colorado, Inc. (“WMC”). The Hazardous Materials and Waste Management Division (“Division”) and WMC have submitted a joint petition (“Joint Revocation Petition”) to revoke the delisting, which granted WMC a conditional delisting of the F039 multisource leachate that collects in the primary and secondary leachate collection sumps at DACWPF, a closed hazardous waste landfill.
The commission is considering the proposed revocation of the delisting on the basis of the Joint Revocation Petition, which the Division and WMC agreed to submit in order to settle Waste Management of Colorado, Inc. v. Colorado Department of Public Health and Environment, et al., Case No. 22CV30115 in the District Court, Arapahoe County, State of Colorado. The Joint Revocation Petition is not based on any alleged deficiencies in the delisting or on any allegations of non-compliance with the Delisting Regulation, and the commission does not need to consider any such allegations to address the proposed revocation. |
| Purpose/Objective of Rule |
Appendix IX of Part 261 (Wastes Excluded Under §§ 260.20 and 260.22) is being amended to remove Delisting #003 (“delisting”), the conditional delisting granted to the Denver Arapahoe Chemical Waste Processing Facility (“DACWPF”), operated by Waste Management of Colorado, Inc. (“WMC”). The Hazardous Materials and Waste Management Division (“Division”) and WMC have submitted a joint petition (“Joint Revocation Petition”) to revoke the delisting, which granted WMC a conditional delisting of the F039 multisource leachate that collects in the primary and secondary leachate collection sumps at DACWPF, a closed hazardous waste landfill.
The commission is considering the proposed revocation of the delisting on the basis of the Joint Revocation Petition, which the Division and WMC agreed to submit in order to settle Waste Management of Colorado, Inc. v. Colorado Department of Public Health and Environment, et al., Case No. 22CV30115 in the District Court, Arapahoe County, State of Colorado. The Joint Revocation Petition is not based on any alleged deficiencies in the delisting or on any allegations of non-compliance with the Delisting Regulation, and the commission does not need to consider any such allegations to address the proposed revocation. |
| Comments |
Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Building A, Sabin Conference Room, Denver, CO 80246 (Due to ongoing COVID-19 health and safety restrictions, only commissioners and staff are able to meet in person. All other attendance is welcomed virtually via Zoom at the following link.)
-OR-
Due to COVID-19, the meeting will be held online only at:
https://us02web.zoom.us/meeting/register/tZAtfuqprjgvHNTv33-MS-GHfQd6-mdFdjC9
Please check for the official location of the meeting on the commission’s website: https://cdphe.colorado.gov/shwc-meeting-information |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
08/16/2022 |
| Hearing Time |
09:00 AM |
| Hearing Location |
CDPHE - 4300 Cherry Creek Drive South, Denver, CO 80126 or Zoom (see comments/notice) |
| Contact Name |
Brandy Valdez Murphy |
| Contact Title |
Administrator |
| Contact Telephone |
303-692-3467 |
| Contact email |
brandy.valdezmurphy@state.co.us |
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Adopted rule
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