DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division
6 CCR 1007-2
PART 1 - REGULATIONS PERTAINING TO SOLID WASTE SITES AND FACILITIES

(Adopted by the Solid and Hazardous Waste Commission on May 17, 2011)

Amendment of § 1.7.2 (Document Review and Activity Fees)

1) Revise Section 1.7.2 (Document Review and Activity Fees) to read as follows: 

1.7 	SOLID WASTE AUTHORIZATION AND FEES

1.7.1	******* 

1.7.2	Document Review and Activity Fees:
(A)	Applicability:  All “Facilities” and “Solid waste disposal sites and facilities”, as defined in Section 1.2 of these regulations, and all facility types listed in Section 1.7.3 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 documents submitted or required to be submitted in connection with open, closed, new, or existing solid waste sites and facilities including, but not limited to, the following:
(a) 	New applications for solid wastes disposal site and facilities; 
(b) 	Amendments to an original application upon which a certificate of designation has been issued; 
(c) 	Remediation activities concerning open, closed, or old disposal sites or spill and incident cleanups;
(d) 	Monitoring reports from open or closed facilities requiring monitoring;
(e) 	Design and operations plans and amendments or modifications thereto;
(f) 	Closure and post-closure plans and modifications;
(g) 	Environmental Covenants or associated documents required under § 25-15-320, C.R.S., and
(h)	Construction submittals subject to review.
(2) 	Activity Fees:  The activity fees shall provide reimbursement to the Department for professional staff and administrative personnel time spent on open, closed, new, or existing solid waste sites and facilities including the following activities related to (A)(1)(a-h) above:
(a) 	Pre-operation site visit/investigation of solid waste disposal sites and facilities;
(b) 	The attendance of Department staff at meetings and hearings concerning such applications or amendments meetings;
(c) 	Preparing for meetings;
(d) 	Negotiations;
(e) 	Responding to questions or information requested at meetings with the facility or the facility's representatives;
(f) 	Preparation for and attendance at public meetings or hearings; and
(g) 	Responding to questions or information requested at public meetings or hearings.
(3)	For purposes of this section, the following terms shall have these meanings:
(a)	"Evaluating" includes time spent determining whether the document is complete and adequate for its intended purpose and/or complies with regulatory requirements and may include time spent on site visits, as appropriate;
(b)	"Responding" includes Department determinations to, approve with conditions or modifications, request additional information, or disapprove, revoke, reissue, terminate or deny the permit, closure plan or other document;
(c)	"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;
(d)	"Public meeting" means a hearing that has been publicly noticed.
(4)	Upon receipt from the local governing body of an application or amended application for a solid waste disposal site and facility, with the referral for review, the Department will notify the applicant of the Department’s:
(a)	Receipt of the application or amended application;
(b)	The assigned project manager and their contact information;
(c)	The availability of two meetings prior to initiating billing; and
(d)	The document review and activity fees, project type and billing ceiling.
(5)	If a facility requests to meet with the Department prior to filing a permit application, the Department shall do so. For purposes of this section, the Department will begin charging the facility for pre-permit application meetings and review of documents beginning with the third meeting between the Department and the facility consistent with paragraph (4) above, regardless of whether the facility files a permit application.
(6)	The Department will provide written notification to applicants or others that have submitted documents pursuant to paragraph (1) above:
(a)	When 30 hours of billable time has been accumulated working on any application, amendment, or other document;
(b)	The amount of the document review completed based on the sections reviewed versus those not yet reviewed; and
(c)	That the Department shall continue work on the review unless the applicant directs the Department in writing to cease work on the project.

(7)	If the applicant directs the Department to cease work, the applicant will still be responsible for reimbursing the Department for the hours of accumulated review time.
(8)	In addition to the document review and activity fees specified above, the facility will reimburse the Department for any legal fees incurred by the Department associated with (1) and (2) above, in the amount the Department is then paying for legal representation to the Colorado Attorney General.
(9)	The document review and activity fee shall be reviewed annually by the Director and a report shall be provided to the Solid and Hazardous Waste Commission including information supporting that the fee is both equitable to the regulated community and is sufficient to recover reasonable program expenses incurred thereby.