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

Deletion and Replacement of Existing Section 10 Regulation (Waste Tire Facilities and Waste Tire Haulers) with New Section 10 Regulations (Waste Tires); the Amendment of Section 16 (Materials Prohibited From Disposal) and the Associated Additions and Revision to Section 1.2 Definitions

(Adopted by the Solid and Hazardous Waste Commission on November 18, 2014)

1) Amend Section 1.2 by adding the following definitions in alphabetical order to read as follows:  

1.2 Definitions

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“Applicant” for the purposes of Section 10.12 means any person or business seeking a rebate from the Waste Tire End Users Fund.

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“Authorized signature” means the signature of an individual who has authority to sign on behalf of and bind an individual or corporation.

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“Beneficial user” means a person who uses solid waste as an ingredient in a manufacturing process or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment.  Avoidance of processing or disposal cost alone does not constitute beneficial use.

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“Buffings” means the residual rubber material removed from the supporting structure of a waste tire or a retreaded or recapped tire.

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“Commission” means the solid and hazardous waste commission created in section 25-15-302, C.R.S.

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“Daily cover” means using tire-derived product as an alternate cover placed upon exposed solid waste in a permitted solid waste facility to control disease vectors, fires, odors, blowing litter and scavenging, without presenting a threat to human health or the environment.

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“Mobile Processor” means a person who processes waste tires at a location other than the location of the person’s certificate of registration.

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“Motor vehicle” means a self-propelled vehicle that is designed for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low speed electric vehicle.  “Motor vehicle” includes automobiles, minivans, all trucks, motor homes, and motorcycles.

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“Public project” means:
(a)	A publicly funded contract entered into by a governmental body of the executive branch of this state that is subject to the “Procurement Code”, articles 101 to 112 of title 24, C.R.S.; and 
(b)	A publicly funded contract entered into by a county, municipal government, or special district, including a school district or recreation district.

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"Pyrolysis" means the thermochemical decomposition of material at elevated temperatures without the participation of oxygen.

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“Recapped or retreaded tire” means a previously worn tire which has gone through a remanufacturing process designed to extend its useful service life.

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“Retailer” as used in Section 10 of these Regulations means a person who sells a small quantity of product to a consumer, as opposed to a wholesaler or supplier who typically sells large quantities of products to other businesses.  Retailers of tire-derived product are persons who sell small quantities of tire-derived product to consumers.

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“Trailer” means a wheeled vehicle, without motive power, that is designed to be drawn by a motor vehicle.

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“Used tire” means a tire that was previously used as a tire and is graded and classified for reuse as a tire based on specifications and criteria maintained pursuant to section 30-20-1410(1)(a), C.R.S.

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“Waste Tire Bale” means waste tires that are mechanically compressed and bound into block form and are secured using stainless steel or heavy gauge baling wire. 

“Waste Tire Cleanup Program” means the program created by part 14 of article 20 of title 30, C.R.S.

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“Waste Tire Generator” means a person who generates motor vehicle or trailer waste tires.  The term includes new tire retailers, used tire retailers, automobile dealers, automobile dismantlers, public and private vehicle maintenance shops, garages, service stations, car care centers, automotive fleet centers, local government fleet operators, and rental fleet operators.

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“Waste Tire Processor” means a person who processes a waste tire into a tire-derived product.

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2) Amend Section 1.2 by revising the following definitions to read as follows: 

1.2 Definitions

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“Collection facility” as used in Section 16 of these Regulations means any facility that accepts, aggregates and stores used oil, used lead-acid batteries, or waste electronic devices generated elsewhere for transport to a location described in Sections 16.2, 16.3, 16.4, and 16.5 of these Regulations.

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“End User” means a person who:
(a)	Uses a tire-derived product for a commercial or industrial purpose;
(b)  Uses a whole waste tire to generate energy or fuel; or
(c)  Consumes tire-derived product or uses tire-derived product in its final application or in making new materials with a demonstrated sale to a third party customer.

“Residentially generated” as used in Section 16 of these Regulations means used lead-acid batteries, or used oil generated by a person or by removal of said items from a personal vehicle not used primarily for a commercial or business purpose.

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“Retailer” as used in Section 16 of these Regulations means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that engages in the sale of new lead-acid batteries, electronic devices, or lubricating oil directly to the consumer.

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“Tire” means a rubber cushion that fits around a wheel. 

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“Tire-Derived Product” means matter that:
(a) Is derived from a process that uses whole tires as a feedstock, including shredding, crumbing, and chipping; 
(b)  Adheres to established engineering or other appropriate specifications or to established product end user specifications or customer conditions of acceptance.
(c)  Has a demonstrated benefit associated with the end use;
(d) Can be used as a substitute for, or in conjunction with, a commercial product or raw material; and
(e) Has either been sold and removed from the facility of a processor or has been used on site by the processor. 

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“Waste Tire” means a tire that is modified from its original specifications but not processed into a tire-derived product, is no longer being used for its initial intended purpose as a tire, and is not a used tire. 

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“Waste Tire Collection Facility” means a facility at which waste tires are stored awaiting pickup by a registered waste tire hauler for transportation to a registered waste tire processor or registered waste tire monofill. 

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“Waste Tire Hauler” means a person who transports ten or more waste tires in any one load. 

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“Waste Tire Monofill” means part or all of a solid waste disposal site and facility that has been issued a certificate of designation and at which only waste tires are accepted. 

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“Wholesaler” as used in Section 16 of these Regulations means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that sells new lead-acid batteries, electronic devices, or lubricating oil for resale.

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3) Amend Section 1.2 by deleting the definitions of “Fleet Service Facility”, “Passenger tire equivalents”, “Processor”, “Tire”, and “Waste Tire Facility” as follows: 

1.2 Definitions

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“Fleet Service Facility” as used in Section 10 of these Regulations means any facility that generates waste tires as a result of replacing old tires on fleet vehicles with new tires.  This category of facilities could include, but would not be limited to, automobile dealerships, school districts, governmental fleet maintenance facilities, and package delivery fleet maintenance facilities.

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“Passenger tire equivalents” means a conversion measurement that is used to estimate waste tire weights and volume amounts defined as an average sized whole passenger/light truck tire weighing twenty-two and one-half (22.5) pounds and occupying a volume of four (4) cubic feet.

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“Processor” means a person who processes waste tires in Colorado for recycling or beneficial use.

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“Tire” as used in Section 16 of these Regulations means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway.

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“Waste Tire Facility” means:
(I)	(a) A waste tire monofill;
(b)	A facility of an end user or processor;
(c)	A facility of a tire retailer or tire wholesaler that is a source of waste tires pursuant to section 30-20-1007 or 30-20-1008, C.R.S.;
(d)	 A waste tire collection facility; or
(e)  A fleet service facility.
(II)	“Waste Tire Facility” does not include the facility of a waste tire hauler unless that hauler stores any quantity of waste tires at the facility in excess of ninety (90) days.

4) Delete the existing Section 10 Regulations (Waste Tire Facilities and Waste Tire Haulers) in their entirety and replace with a new Section 10 Regulations (Waste Tires) to read as follows: 

SECTION 10

WASTE TIRES 

10.1	Scope and Applicability

10.2	General Provisions 

10.3	Standards for Waste Tire Haulers

10.4	Standards for Generators of Motor Vehicle and Trailer Waste Tires 

10.5 	Standards for Waste Tire Monofills

10.6	Standards for Waste Tire Processors

10.7	Standards for Mobile Waste Tire Processors

10.8	Standards for Waste Tire Collection Facilities 

10.9	Standards for End Users

10.10 	Standards for Management of Used Tires

10.11	Waste Tire Fee Administration

10.12	Waste Tire End Users Fund 

SECTION 10.1- SCOPE and APPLICABILITY 

10.1.1	PURPOSE

The purpose of this Section10 is to implement the provisions of sections 30-20-1401 through 30-20-1417, C.R.S.  

10.1.2 APPLICABILITY

This section 10 applies to all persons, unless otherwise exempted, who generate, accumulate, store, transport, dispense, or process waste tires, used tires or tire-derived product.  Section 10.11 applies to all persons who sell new motor vehicle or trailer tires.  Persons managing waste tires pursuant to this section 10 are exempt from section 8 of these Regulations for their waste tire management activities, except for the beneficial use of waste tires.  Persons managing waste tires pursuant to this section 10 who engage in other recycling activities are subject to section 8 of these Regulations for those activities.

10.1.3	EXEMPTIONS

(A)	This section 10 does not apply to:

(1)	Operation, including by a local, state or federal government agency, of a vehicle that is primarily engaged in the collection and transportation of solid wastes other than waste tires; 

(2)	A person who only travels through the state with waste tires as part of interstate commerce and does not collect, deposit, transfer, store or dispose of any waste tires within this state;

(3)	Transportation of products made from waste tires for sale or other distribution;

(4)	Household Hazardous Waste roundup events, community cleanup events, and other one-time or occasional collection events where waste tires are accepted for drop-off by persons not engaged in commercial activity and where the waste tires are picked up by a registered Waste Tire Hauler and transported to the facility of a registered Waste Tire Hauler or  Waste Tire Generator, Waste Tire Collection Facility, Waste Tire Processor, Waste Tire Monofill, approved beneficial user of whole waste tires, municipal or county-owned waste tire collection area, or municipal or privately owned solid waste landfill;  at the conclusion of the event;

(5)	The beneficial use of less than ten (10) waste tires.  A person who beneficially uses ten (10) or more waste tires must:

(a)	Comply with section 8.6 of these Regulations;

(b)	Comply with section 10.3 if they transport their own waste tires, 
		
(c)	Comply with section 10.6 if they process waste tires at the facility, and 

(d)	Comply with section 10.8, if they store more than five hundred (500) waste tires at any one site at any one time.

(B)	Owners/operators of Solid Waste Landfills, Transfer Stations, and Recycling Facilities that accumulate waste tires by separating them out of the solid waste streams are exempt from section 10.8 of these Regulations if they: 

(1)	Store less than five hundred (500) waste tires outdoors at their facility, and

(2)	Store less than a total of one thousand five hundred (1,500) waste tires at their facility. 	

(C) Government entities that store waste tires as part of road-side cleanup activities are exempt from section 10.8 if they: 

(1)	Store less than five hundred (500) waste tires outdoors at their facility, and 

(2)	Store less than a total of one thousand five hundred (1,500) waste tires at their facility.

(D)	A government entity that removes illegally disposed waste tires from the road-side is exempt from section 10.3 if the waste tires are disposed of or recycled in accordance with this section 10.

(E)	Registered waste tire haulers, generators, monofills, processors and waste tire collection facilities who accept ten (10) or more unmanifested waste tires or ten (10) or more waste tires from unregistered waste tire haulers must submit to the Department within twenty (20) days from the end of the preceding month a Uniform Waste Tire Manifest(s) Form WT-2 for the receipt of unmanifested waste tires.  The Uniform Waste Tire Manifest Form must contain the following information:

(1) Date(s) waste tires were accepted;

(2)	The total amount of waste tires accepted;	

(3)	License plate number of unregistered waste tire hauler vehicle used to deliver waste tires;

(4)	If available the name, address and telephone number of the person who delivered the waste tires.

(5)	If possible, the source of the tires.

SECTION 10.2 - GENERAL PROVISIONS

10.2.1	COMPLIANCE WITH OTHER LAWS

Waste Tire Haulers, Waste Tire Generators, Waste Tire Processors, Mobile Waste Tire Processors, Waste Tire Collection Facilities, Waste Tire Monofills, End Users, and Beneficial Users must comply with all local, state, and federal laws, regulations, ordinances, and other requirements.

10.2.2	OPERATIONS COVERED BY MULTIPLE PARTS OF THIS SECTION 10

Waste Tire Generators, Waste Tire Haulers, Waste Tire Collection Facilities, Waste Tire Processors, Mobile Waste Tire Processors, Waste Tire Monofills, and End Users may perform activities that are regulated by multiple parts of this section 10.  If so, these entities must register accordingly and comply with the requirements of all applicable parts of these regulations, which are not duplicative or overlapping.

10.2.3	LIMITATIONS ON THE DISPOSAL OF WASTE TIRES

(A)	Except as specified in section 10.2.3(B) below, a person must dispose of waste tires only by delivery to a generator engaging in waste tire collection, to a waste tire processor, to a waste tire monofill, or to a waste tire collection facility.  This prohibition on disposal also applies to waste tires that have been cut in half or otherwise modified but not processed into tire-derived product. 

(B) If an individual not engaged in commercial waste tire activities is able to establish that due diligence has been conducted and no option for disposing of a waste tire as specified by section 10.2.3(A) is available, then the individual may dispose of the waste tire in a solid waste disposal site and facility or transfer station.  To establish due diligence, an individual must  (1)  contact the local governing authority to determine whether local recycling options are available, (2) contact the Department to determine whether local recycling options are available, and (3) contact all waste tire generators, waste tire haulers, waste tire monofils, waste tire processors and waste tire collection facilities within fifty (50) miles to determine whether alternatives to final disposal exist.  The Department has discretion to determine whether this due diligence requirement has been satisfied. 

10.2.4	EXEMPTION FROM ANNUAL FEES IN SECTION 1.7.3

The annual fee requirement of section 1.7.3 of these Regulations does not apply to persons registered pursuant to sections 10.3, 10.4, 10.6, 10.7, 10.8, or 10.9 for their activities governed by these sections.

10.2.5	ENFORCEMENT

The Department may enforce this section 10 through its enforcement authorities, including those specified in sections 30-20-113 and 30-20-114, C.R.S.

SECTION 10.3 - STANDARDS FOR WASTE TIRE HAULERS

10.3.1	GENERAL  

(A)	Unless transported out of state, a person may only transport waste tires to the following types of facilities, sites and users in Colorado:
	
(1)	A registered waste tire generator;

(2)	A registered waste tire hauler;

(3)	A registered waste tire collection facility;

(4)	A registered waste tire monofill;

(5)	An end user of whole waste tires in compliance with section 10.9 of these Regulations

(6)	A registered waste tire processor;

(7)	A municipal or county-owned waste tire collection area; 

(8)	A municipal or privately owned solid waste landfill in compliance with this section 10.2.3 (B); or

(9)	A beneficial user of whole waste tires that has been approved by the Department.

(B)	A person registered as a Waste Tire Hauler pursuant to section 10.3.3 of these Regulations may pick up waste tires from a person exempted from this section 10, who is not registered as a Waste Tire Generator, Waste Tire Hauler, Waste Tire Collection Facility, Waste Tire Processor, Mobile Waste Tire Processor, or Waste Tire Monofill, an illegal waste tire site or from a private property as long as the Waste Tire Hauler creates a manifest for the load of waste tires pursuant to Section 10.3.5 of these Regulations, and ensures delivery of the waste tires only to a facility listed in section 10.3.1(A) above.

(C)	Waste Tire Haulers must within twenty-four (24) hours of identification notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires.  Within two (2) weeks of this notification, the facility must submit a written report describing the emergency to the Solid Waste Program.  This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency.

(D)	A Waste Tire Hauler that is not also registered as a Waste Tire Generator, Waste Tire Collection Facility, Waste Tire Processor, or Waste Tire Monofill must not have on site:

(1)	More than one thousand five hundred (1,500) waste tires at any one time; or

(2)	A waste tire for more than three (3) days; or

(3)	Waste tires outside the waste hauler’s vehicle or trailer.

10.3.2	REGISTRATION FOR WASTE TIRE HAULERS

(A)	No person shall transport a load of ten (10) or more waste tires at one time unless he/she has registered with the Department by submitting an application for Certificate of Registration (Form WT-1 or WT-1H) to the Hazardous Materials and Waste Management Division of the Department and received a Certificate of Registration from the Department.  

(B)	An application for a Certificate of Registration as a Waste Tire Hauler must be submitted on Form WT-1 or WT-1H.   The application must be delivered to the Department, electronically or by hard copy, and must include, at a minimum, the following information:

(1)	The business name of the Waste Tire Hauler and any other names under which the Waste Tire Hauler may do business;

(2)	The principal business address of the Waste Tire Hauler;

(3)	A business telephone number(s);

(4)	The name and address of the responsible officer of a corporate Waste Tire Hauler or the owner(s) of a Waste Tire Hauler operating a proprietorship or partnership;

(5)	The signature and date of signature of the Waste Tire Hauler applicant; 

(6)	The number of vehicles the Waste Tire Hauler uses to transport waste tires in Colorado; and 

(7)	A current vehicle registration for each vehicle the Waste Tire Hauler will use to haul waste tires which includes the following information for each vehicle: the license plate number, the state in which the vehicle is registered, the Vehicle Identification Number (“VIN”), the make/model and year, and the registered owner. 

(C)	The Department will issue a Certificate of Registration and corresponding decal(s) to an applicant if the applicant has submitted an application to the Department containing all information required in section 10.3.2(B) and has submitted the annual report required by section 10.3.6.

(D)	The Certificate of Registration for a Waste Tire Hauler is valid from the date of issuance to March 15 of the year indicated on the Certificate of Registration.

(E)	A Waste Tire Hauler must submit an updated application for a Certificate of Registration within fifteen (15) days after the Waste Tire Hauler purchases a new vehicle, rents or leases a vehicle, or operates a facility at a new location.

(F)	A Waste Tire Hauler is not authorized to haul waste tires after the March 15 expiration date unless the Waste Tire Hauler has applied to renew the Waste Tire Hauler Certificate of Registration prior to expiration and has received a new Certificate of Registration as a Waste Tire Hauler from the Department and Waste Tire Hauler decals, pursuant to section 10.3.3 below.

(G)	All Waste Tire Haulers who wish to continue hauling waste tires must submit application for renewal no later than February 1.  

(H)	A legible copy of the Certificate of Registration must be maintained and made available for inspection at the Waste Tire Hauler’s principal place of business.

(I)	A Waste Tire Hauler Certificate of Registration is not transferable by the Waste Tire Hauler to whom it was issued to any other person or entity. 

(J)	A Waste Tire Hauler who has previously filed an application for a Certificate of Registration as a Waste Tire Hauler (Form WT-1 or WT-1H) is required to notify the Department in writing whenever changes occur to the following: 

(1)	Ownership;

(2)	Mailing address;

(3)	Business name;

(4)	Type of registration;

(5)	Contact name;

(6)	Phone number; or 

(7)	The Waste Tire Hauler is no longer hauling waste tires.

(K)	The Department may cancel a Certificate of Registration of a person who no longer hauls waste tires.

10.3.3	WASTE TIRE HAULER DECALS

(A)	No person shall transport a load of ten (10) or more waste tires in Colorado without having received a Waste Tire Hauler decal(s).  An application for a Certificate of Registration submitted pursuant to section 10.3.2 above shall also serve as the application for a Waste Tire Hauler decal(s).  A Waste Tire Hauler must submit an updated application for a Certificate of Registration within 15 days after the Waste Tire Hauler purchases a new vehicle, or rents or leases a vehicle.

(B)	Waste Tire Haulers will receive Waste Tire Hauler decal(s) and temporary decals (if needed) for each vehicle from the Department with their Certificate of Registration. Each decal will have a unique number.

(C)	Each Waste Tire Hauler vehicle decal will be valid until March 15 of the year indicated on the vehicle decal and will have a unique number.  Prior to the expiration date, a Waste Tire Hauler must submit a new application for a Certificate of Registration pursuant to section 10.3.2 above.

(D)	A Waste Tire Hauler decal must be affixed to the lower left hand corner of the windshield of each vehicle the Waste Tire Hauler owns, rents, leases  and/or uses to transport waste tires or in some other manner so the decal is visible on vehicles that do not have a windshield  

(E)	A Waste Tire Hauler decal is not transferable by the Waste Tire Hauler to whom it was issued to any other person or entity and must not be used for any vehicle not listed by the Registered Waste Tire Hauler on its application for a Certificate of Registration as a Waste Tire Hauler.

(F)	Commercial freight carriers must obtain a temporary decal from the registered Waste Tire Hauler who contracts with them.  The temporary decals must be displayed on the lower left hand side of the windshield or in some other manner so the decal is visible on vehicles that do not have a windshield at all times when the vehicle is under contract for waste tire transportation.  Upon termination of contract, the temporary decal must be returned within twenty-four (24) hours to the registered Waste Tire Hauler.  Commercial freight carriers must comply with sections 10.3.1 and 10.3.4. 

10.3.4	MANIFEST REQUIREMENTS FOR WASTE TIRE HAULERS

(A)	No Waste Tire Hauler may accept waste tires for transportation without properly completing a paper or electronic manifest pursuant to section 10.3.4 of these Regulations unless they comply with 10.1.3 (E).

(B)	Paper or electronic copies of manifests for all transport of waste tires accepted by a Waste Tire Hauler must be maintained on-site at the Waste Tire Hauler’s principal business address as identified on the Certificate of Registration and available for inspection for three (3) years from the date of delivery. 

(C)	A Waste Tire Hauler must create a paper or electronic manifest for each load of waste tires.  Such persons must use the Uniform Waste Tire Manifest Form WT-2, available at the Department’s website. Each manifest will have a unique number.  The completed Uniform Waste Tire Manifest must contain the following information:

(1)	The name, address, telephone number, and Certificate of Registration number, if applicable, of the generator(s) or source(s) of the waste tires in the load;

(2)	The quantity of waste tires picked up at each generator or source as measured by:

(a)	The actual number of waste tires; or

(b)	The weight of waste tires measured in tons;

(3)	The name, address, telephone number and Certificate of Registration number of the Waste Tire Hauler and the Waste Tire Hauler decal number of the vehicle used to transport the waste tires and, if applicable, the name and United States Department of Transportation (USDOT) number of the contracted commercial freight carrier; 

(4)	The date(s) of transport;

(5)	The name, address, telephone number and Certificate of Registration number and decal number of the destination facility to which the waste tires will be delivered;

(6)	The signatures, under penalty of perjury, of each generator/source of the waste tires, the Waste Tire Hauler, the secondary Waste Tire Hauler (if any), and the facility that is the destination of the waste tires; and

(7)	Whether the waste tires originated from an illegal waste tire site or from a private property.

(8) Whether the waste tires originated from an unregistered waste tire hauler and license plate number of unregistered waste tire hauler.

(D)	Waste Tire Haulers must:

(1)	Carry the paper or electronic Uniform Waste Tire Manifest of each load in the vehicle while hauling the waste tires described on the Manifest (the Manifest need not be displayed in the vehicle);

(2)	Provide a copy of the paper or electronic Uniform Waste Tire Manifest for each load to the applicable waste tire generator/source of the waste tires within thirty (30) days of delivery to the destination facility; 

(3)	Provide a paper or electronic completed copy of the Uniform Waste Tire Manifest for each load to the destination facility when the hauler delivers the waste tires; and

(4)	Make a copy of any paper or electronic Uniform Waste Tire Manifest available to the Department upon request.

10.3.5	ANNUAL REPORT

A Waste Tire Hauler must submit an annual report to the Department on the Commercial Waste Tire Hauler Annual Report Form (Form WT-4).  This form may be obtained by contacting the Department or available at the Department’s website.

(A)	The report must account for the number of waste tires transported by the person during the previous calendar year (beginning January 1 and ending December 31).  Waste tire quantities must be reported by actual count or by actual weight in tons.   

(B)	The annual report must be delivered to the Department, via certified mail, regular mail, facsimile, hand delivery, or electronically by April 1 of each year and must include the following:

(1)	Quantity of waste tires collected by the Waste Tire Hauler from within Colorado for the applicable reporting period;

(2)	Quantity of waste tires that are brought to Colorado locations by the Waste Tire Hauler from out-of-state sources during the applicable reporting period; 

(3)	Quantity of waste tires that are taken from Colorado locations by the Waste Tire Hauler to out-of-state destinations during the applicable reporting period; 

(4)	Quantity of waste tires identified as used tires;

(5)	Final disposition of all the waste tires collected during the applicable reporting period by listing each waste tire collection facility, waste tire monofill, municipal or privately owned solid waste landfill, or end user or processor facility, beneficial users of waste tires and the total quantities of waste tires that the Waste Tire Hauler has delivered to each; and

(6) The total amount of waste tires accepted from a person exempted from section 10.

10.3.6	WASTE TIRE HAULER SELF-CERTIFICATION

(A)	The Department may require Waste Tire Haulers to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B)	Any Waste Tire Hauler who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C)	The Department will provide Waste Tire Haulers a reasonable amount of time to complete and return the checklist.  At a minimum, the Waste Tire Hauler will have fourteen (14) days from the date of receipt to return the checklist.  A checklist is deemed returned on the date it is received by the Department.  The Department may provide an extension of time to complete and return the checklist upon request.

(D)	The self-certification checklist will contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Hauler:

“I, the undersigned facility representative, certify that:

i.	I have personally examined and am familiar with the information contained in this submittal;
ii.	The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and
iii.	I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information.”

10.4 - STANDARDS FOR GENERATORS OF MOTOR VEHICLE AND TRAILER WASTE TIRES

10.4.1	GENERAL	 	

This section 10.4 applies to all generators of motor vehicle or trailer waste tires, including but not limited to, new tire retailers, used tire retailers, motor vehicle dealers, motor vehicle dismantlers, public and private vehicle maintenance shops, garages, service stations, car care centers, automotive fleet centers, local government fleet operators, salvage and scrap yards and rental fleet operators. 

10.4.2	GENERAL STANDARDS FOR GENERATORS OF MOTOR VEHICLE AND 
TRAILER WASTE TIRES	 	

(A)	All Waste Tire Generators must maintain all weather access roads to those areas of their facilities where waste tires are stored. 

(B)	All Waste Tire Generators must collect litter in and around any area used to store waste tires in order to avoid a fire hazard or a nuisance condition and control the growth of vegetation to minimize potential fuel sources. 

(C)	Waste Tire Generators must maintain a working telephone at their facilities.

(D) Waste Tire Generators must comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire, Prevention and Control in the Department of Public Safety.
 
(E)	Waste Tire Generators that are not also registered as a Waste Tire Collection Facility, Waste Tire Processor, or Waste Tire Monofill must not: 

(1)	Have on site more than one thousand five hundred (1,500) waste tires at any one time; or

(2)	Store more than five hundred (500) waste tires outdoors at their facility.

(F)	Waste Tire Generators must immediately notify the Solid Waste and Materials Management Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires.  Within two (2) weeks of this notification, the Waste Tire Generator must submit a written report describing the emergency to the Solid Waste and Materials Management Program.  This report must  describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency.

(G) Waste Tire Generators must arrange for the commercial hauling or mobile processing of waste tires only with a waste tire hauler or mobile waste tire processor who is currently registered pursuant to these Regulations. 

(H)	Waste Tire Generators may accept waste tires.  

(I)	Waste Tire Generators that sell replacement tires in Colorado must not refuse to accept from a customer, at the point of transfer, motor vehicle or trailer waste tires of the same general type and in a quantity at least equal to the number of new tires purchased.

(J) 	Waste Tire Generators must maintain records for three (3) years showing how many waste tires they generated.

(K)	Waste Tire Generators who accumulate at any one time more than hundred (100) waste tires must maintain security measures to prevent unlawful access to waste tires. 

(L)	Waste tires must not create nuisance conditions that could attract vectors of disease.

10.4.3 WASTE TIRE GENERATOR REGISTRATION REQUIREMENTS

(A)	No person shall commercially generate motor vehicle or trailer waste tires, including but not limited to, as a new tire retailer, used tire retailer, motor vehicle dealer, motor vehicle dismantler, public or private vehicle maintenance shop, garage, service station, car care center, automotive fleet center, local government fleet operator, salvage and scrap yards or rental fleet operator in Colorado without having received a Certificate of Registration from the Department.

(B)	An application for a Certificate of Registration must be submitted on Form WT-1 to the Solid Waste and Materials Management Program within the Hazardous Materials and Waste Management Division of the Department. 

(C)	Certificate of Registration applications for the generation of waste tires must include, at a minimum:

(1)	The business name of Waste Tire Generator and any other names under which the Waste Tire Generator may do business;

(2)	The principal business address of the Waste Tire Generator;

(3)	A business telephone number(s);

(4)	The name and address of the responsible officer of a corporate Waste Tire Generator, or the owner(s) of a Waste Tire Generator operating a proprietorship or a partnership;

(5)	Whether the Waste Tire Generator sells new motor vehicle tires or new trailer tires; and

(6) The signature and date of signature of the Waste Tire Generator applicant. 

(D)	The Department will issue a Certificate of Registration to the applicant after approval of the application.  Certificates of Registration must be maintained at the facility and made available for inspection.

(E)	A Certificate of Registration is not transferable by the Waste Tire Generator to whom it was issued to any other person or entity. 

(F)  A Waste Tire Generator who has previously filed an application for a Certificate of Registration as a Waste Tire Generator (Form WT-1) is required to notify the Department in writing whenever changes occur to the following: 

(1)	Ownership;

(2)	Mailing address;

(3)	Business name;

(4)	Type of registration;

(5)	Contact name;

(6)	Phone number;

(7)	Waste tires are generated at a new location not registered with the Department; or

(8) The Waste Tire Generator is no longer generating waste tires at the location registered with the Department.

(G)	The Department may cancel a Certificate of Registration of a person who no longer generates waste tires at their registered location.

10.4.4 WASTE TIRE GENERATOR FACILITY DECAL 

(A)	An application for a Certificate of Registration pursuant to section 10.4.3 above shall also serve as an application for a Waste Tire Facility decal.

(B)	Waste Tire Generators will receive a Waste Tire Facility decal from the Department with their Certificate of Registration.

(C)	Waste Tire Facility decals will have a unique number.

(D)	Waste Tire Generators must post their Waste Tire Facility decal in a prominent location at the address where the waste tires are generated and where the decal is visible to the Waste Tire Hauler.

10.4.5 WASTE TIRE GENERATOR MANIFEST REQUIREMENTS 

(A)	No Waste Tire Generator may accept a shipment of more than ten (10) motor vehicle or trailer waste tires without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations unless they comply with 10.1.3 (E).

(B)	No Waste Tire Generator may offer a shipment of motor vehicle or trailer waste tires without receiving a manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(C)	No Waste Tire Generator may offer motor vehicle or trailer waste tires for mobile processing without receiving a manifest properly completed by the Mobile Waste Tire Processor pursuant to section 10.7.5 of these Regulations.

(D)	Manifests for all shipments of motor vehicle or trailer waste tires must be maintained on-site at the Waste Tire Generator’s facility and available for inspection for three (3) years from the date of pick-up.  

10.4.6 WASTE TIRE GENERATOR SELF-CERTIFICATION

(A)	The Department may require Waste Tire Generators to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B)	Any Waste Tire Generator who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C)	The Department will provide Waste Tire Generators a reasonable amount of time to complete and return a checklist.  At a minimum, the Waste Tire Generator will have fourteen (14) days from the date of receipt to return the checklist.  A checklist is deemed returned on the date it is received by the Department.  The Department may provide an extension of time to complete and return the checklist upon request.

(D)	The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Generator:

“I, the undersigned facility representative, certify that:

i.	I have personally examined and am familiar with the information contained in this submittal;
ii.	The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and
iii.	I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information.”

10.5 - STANDARDS FOR WASTE TIRE MONOFILLS

10.5.1	GENERAL WASTE TIRE MONOFILL STANDARDS

(A)	Any person who owns or operates a Waste Tire Monofill must have and comply with a valid Certificate of Designation issued pursuant to section 1.3 of these Regulations. 

(B)	A Certificate of Designation for a Waste Tire Monofill must include an Engineering Design and Operations Plan (EDOP) which includes the requirements listed in section 10.5.8, a Waste Tire Inventory Reduction Plan as required by 10.5.1 (J), the Financial Assurance requirements in section 10.5.6, and a Closure and Post-Closure Plan as required by section 10.5.9.

(C)	Any person who owns or operates a Waste Tire Monofill must maintain all weather access roads to those areas of active operation and as necessary to meet the Fire Prevention, Training and Firefighting Plan required by subsection 10.5.8(A)(3) of these Regulations. 

(D)	Any person who owns or operates a Waste Tire Monofill must collect litter in order to avoid a fire hazard or a nuisance condition and control the growth of vegetation to minimize potential fuel sources. 

(E)	Any person who owns or operates a Waste Tire Monofill must implement security measures to preclude unauthorized entry.

(F)	Any person who owns or operates a Waste Tire Monofill must post signs in public view at the entrance to the Waste Tire Monofill with the name of the facility, the hours which the facility is open for public use, a listing of the wastes accepted at the facility, and a phone number for a 24 hour emergency contact.  The signs must be posted in English and any other language predominant in the area surrounding the facility.

(G)	Any person who owns or operates a Waste Tire Monofill must maintain a working telephone at each Waste Tire Monofill facility.

(H)	During all stages of operation of a Waste Tire Monofill, the owner or operator must have an attendant who is responsible for site activities.

(I)	A Waste Tire Monofill owner or operator must immediately notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires.  Within two (2) weeks of this notification, the owner or operator must submit a written report describing the emergency to the Solid Waste Program.  This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency.

(J)	Waste Tire Inventory Reduction Plan: Owners/operators of a Waste Tire Monofill must on an annual basis, for every one (1) waste tire received, end use at least two (2) waste tires or process at least two (2) waste tires into tire-derived product.  All owners or operators must submit for Department approval a Waste Tire Inventory Reduction Plan that shows how they will comply with this section.  All owners or operators must comply with their Waste Tire Inventory Reduction Plan. An owner or operator of a Waste Tire Monofill may claim that information or data submitted in the Waste Tire Inventory Reduction Plan, should be withheld as Confidential Business Information (“CBI”) or Trade Secret. The Department will hold information contained in the Waste Tire Inventory Reduction Plan as CBI/Trade Secret pursuant to section 7-74-102, C.R.S. and section 18-4-408(2), C.R.S.  The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

(K)	Any person who owns or operates a Waste Tire Monofill must arrange for the commercial hauling or mobile processing of waste tires only with a waste tire hauler or mobile waste tire processor who is currently registered pursuant to these Regulations.

(L)	Any person who owns or operates a Waste Tire Monofill must ensure that all waste tires collected at its facility are delivered to a waste tire monofill, a waste tire processor or to a waste tire collection facility operating in compliance with the Act and the Regulations or mobile processed.  An owner/operator of a Waste Tire Monofill may ship whole waste tires to an End User who end uses whole waste tires for fuel or energy recovery.

(M)	Any person who owns or operates a Waste Tire Monofill must not place any waste tires into monofill storage after January 1, 2018.  All Waste Tire Monofills must close by July 1, 2024. 

(N)	Any person who owns or operates a Waste Tire Monofill must comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(O)	Any person who owns or operates a Waste Tire Monofill must comply with their facility’s EDOP.

10.5.2	WASTE TIRE MONOFILL REGISTRATION REQUIREMENTS

(A)	No person shall operate a Waste Tire Monofill without having received a Certificate of Registration from the Department.

(B)	Applications for Certificates of Registration must be submitted on Form WT-1 to the Solid Waste and Materials Management Program within the Hazardous Materials and Waste Management Division of the Department.

(C)	Certificate of Registration applications for operation of a Waste Tire Monofill must include:

(1)	The business name of the Waste Tire Monofill and any other names under which the Waste Tire Monofill may do business;

(2)	The principal business address of the Waste Tire Monofill;

(3)	A business telephone number(s);

(4)	The name and address of the responsible officer of a corporate Waste Tire Monofill, or the owner(s) of a Waste Tire Monofill operating a proprietorship or a partnership; and

(5)	The signature and date of signature of the Waste Tire Monofill applicant.

(D)	The Department will issue a Certificate of Registration to the applicant after approval of the application.  Certificates of Registration must be maintained at the facility and made available for inspection.

(E)	A Certificate of Registration is not transferable by the owner or operator of a Waste Tire Monofill to whom it was issued to any other person or entity, without the Department’s prior approval based on information described in section 10.5.2(F) below.

(F)	An owner or operator of a Waste Tire Monofill who has previously filed an application for a Certificate of Registration as a Waste Tire Monofill (Form WT-1) is required to notify the Department in writing whenever changes occur to the following: 

(1)	Ownership;

(2)	Mailing address;

(3)	Business name;

(4)	Type of registration;

(5)	Contact name;

(6)	Phone number; or

(7)	The owner or operator is no longer operating a Waste Tire Monofill at the location registered with the Department.

(G)	The Department may cancel a Certificate of Registration of an owner or operator who no longer operates a Waste Tire Monofill at their registered location.
 
10.5.3 WASTE TIRE MONOFILL FACILITY DECAL 

(A)	An application for a Certificate of Registration pursuant to section 10.5.2 above, shall also serve as an application for a Waste Tire Facility decal.

(B)	An owner or operator of a Waste Tire Monofill will receive a Waste Tire Facility decal from the Department with its Certificate of Registration.  Waste Tire decals will have a unique number.

(C)	An owner or operator of a Waste Tire Monofill must post their Waste Tire Facility decal in a prominent location at the address used to store/accumulate waste tires and where the decal is visible to the Waste Tire Hauler.

10.5.4	WASTE TIRE MONOFILL MANIFEST REQUIREMENTS 

(A)	No owner or operator of a Waste Tire Monofill may accept a shipment of more than ten (10) waste tires from a Waste Tire Hauler or Mobile Waste Tire Processor without an accompanying manifest properly completed pursuant to sections 10.3.4 or 10.7.5 of these Regulations unless they comply with section 10.1.3 (E).

(B)	Manifests for all shipments of waste tires accepted by an owner or operator of a Waste Tire Monofill must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery. 

(C)	No owner or operator of a Waste Tire Monofill may offer a shipment of more than ten (10) waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(D)	No owner or operator of a Waste Tire Monofill may offer waste tires for processing without receiving a manifest properly completed by the Mobile Waste Tire Processor pursuant to section 10.7.5 of these Regulations.

(E)	Manifests for all shipments of waste tires offered by the owner or operator of a Waste Tire Monofill must be maintained on-site at that facility and available for inspection for three (3) years from the date of pick-up. 

10.5.5 WASTE TIRE MONOFILL FINANCIAL ASSURANCE 

Any person who owns or operates a Waste Tire Monofill must maintain financial assurance for any required reclamation and for closure and post-closure care of the Facility pursuant to section 1.8 of these Regulations.

10.5.6 ANNUAL REPORT 

(A)	Any person who owns or operates a Waste Tire Monofill must submit an annual report to the Department and local governing body having jurisdiction by April 1 of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report must include the amount, by actual count or by actual weight in tons, of waste tires received at the facility, how many waste tires were processed or end used at the facility, how many waste tires were shipped off-site from the facility for the preceding calendar year, and the total amount of waste tires accepted from unregistered waste tire haulers.

(B)	The annual report must include, in addition to the information in section 10.5.6(A) above, information concerning compliance with the Waste Tire Inventory Reduction Plan in section 10.5.1 (J).  An owner or operator of a Waste Tire Monofill may claim that information or data submitted in the annual report, including the report on the Waste Tire Inventory Reduction Plan, should be withheld as Confidential Business Information (“CBI”) or Trade Secret. The Department will hold information contained in the Waste Tire Inventory Reduction Plan as CBI/Trade Secret pursuant to section 7-74-102, C.R.S. and section 18-4-408(2), C.R.S.  The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.5.7 WASTE TIRE MONOFILL SELF-CERTIFICATION

(A)	The Department may require an owner or operator of a Waste Tire Monofill to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B)	An owner or operator of a Waste Tire Monofill who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C)	The Department will provide the owner or operator of a Waste Tire Monofill a reasonable amount of time to complete and return a checklist.  At a minimum, the owner or operator of a Waste Tire Monofill will have fourteen (14) days from the date of receipt to return the checklist.  A checklist is deemed returned on the date it is received by the Department.  The Department may provide an extension of time to complete and return the checklist upon request.

(D)	The self-certification checklist will contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Monofill:

“I, the undersigned facility representative, certify that:

i.	I have personally examined and am familiar with the information contained in this submittal;
ii.	The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and
iii.	I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information.”

10.5.8 WASTE TIRE MONOFILL FACILITY ENGINEERING DESIGN AND OPERATIONS PLAN 

(A)	Any person who owns or operates a Waste Tire Monofill must have an EDOP, approved by the Department, which must, at a minimum, include all of the following:

(1)	General:

(a)	Nature of the activity conducted at the facility; 
(b)	The capacity and type of equipment to be used at the facility;
(c)	All methods of waste tire processing and storage;
(d)	Means used to track inventory on a volume or weight basis;  
(e)	Security measures; 
(f)	How the facility intends to implement the requirements listed in section 10.5.1 above; and
(g)	Annual training requirements for all employees on all approved facility plans described in this section 10.5.8, and how that training will be documented and verified.

(2)	Emergency Response Plan which includes:

(a)	General facility information including:
(i)	The facility name, mailing address and telephone number;
(ii)	The facility operator’s name, mailing address and telephone number; and
(iii)	The property owner’s name, mailing address and telephone number;

(b)	An emergency contact list including the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency, including:
(i)	The Emergency Coordinator; 
(ii)	The Facility Owner; 
(iii)	The Facility Operator; 
(iv)	The Local Fire Authority; and 
(v)	Any additional numbers that may be needed. 

(c)	Emergency Equipment available on site, including specific capabilities and uses;

(d)	A map showing the location of fire lanes, tire pile configurations, fire hydrants, power supply, and emergency response equipment; and

(e)	A description of emergency response procedures to be followed in the event of a fire or other emergency.

(3)	Fire Prevention, Training and Firefighting Plan which:

(a)	Includes specification of the Facility’s fire lane locations and widths;

(b)	Includes resources to extinguish fires;

(c)	Designates a Facility Emergency Coordinator;

(d)	Is written by a qualified professional in accordance with local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(e)	Ensures the owner or operator complies with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(f)	Includes specification for adequate water supply available for use by the local fire authority for firefighting.  Owners and operators may demonstrate compliance with this requirement through alternative methods approved by the local fire authority;

(4)	Vector Control Plan which includes: 

(a)	Provisions for storage of tires in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means: (i) cover with impermeable barriers, other than soil, to prevent entry or accumulation of precipitation, or (ii) use of treatments or methods, such as pesticides, to prevent or eliminate vector breeding as necessary.

(b)	If pesticides are used in vector control efforts, they must be used in accordance with the Pesticide Applicators Act, section 35-10-101, C.R.S.

10.5.9 CLOSURE AND POST-CLOSURE CARE OF WASTE TIRE MONOFILLS  

(A)	Any person who owns or operates a Waste Tire Monofill must close and maintain the Waste Tire Monofill in accordance with sections 2.5, 2.6, and 10.5 of these Regulations.

(B)	Any person who owns or operates a Waste Tire Monofill must prepare a Closure Plan as part of the Engineering Design and Operations Plan.  The Closure Plan must describe the steps necessary to close the Waste Tire Monofill at any point during its active life and at the end of the facility’s active life.  The facility may either: 1) close the waste in place as a solid waste landfill in accordance with these Solid Waste Regulations, or 2) remove all solid waste and residual contamination to meet unrestricted use concentrations.  Option 2, also known as “clean closure,” eliminates the need for post closure care.  Both Option 1 and Option 2 require the owner or operator of a Waste Tire Monofill to develop a closure plan.

(1)	The closure plan, at a minimum, must include the following information:
(a)	Provisions for removal of all solid waste at those facilities choosing partial or facility-wide clean closure;
i.	Proposed plans and procedures for sampling and testing soil based on visual identification of staining or other indications of residual contamination; 
ii.	Provisions for sampling and analyses of soil for potential hazardous characteristics and provisions for final disposal.  Soils will need to meet unrestricted use concentrations or background levels whichever is greater.
(b)	Provision for the consolidation and placement of residual wastes remaining on site;
(c)	Procedures for placement of final cover materials and final cover configurations.

(2)	General description of the site post-closure, including:
(a)	The final property contours, material and procedures to be used to cover the waste tires;
(b)	A description of final soil placement and establishment of plant life;
(c)	A description of anticipated post disposal land use; 
(d)	A schedule for completing all activities necessary to satisfy the closure criteria of this section; and
(e)	An analysis of whether section 25-15-320, C.R.S. will require an environmental covenant following closure.

(3)	Owners or operators of all Waste Tire Monofills must submit a Closure Report to the Department at the time of final closure.  The report must summarize the number or volume of tires disposed of in each pit, and phone number of person(s) responsible for post closure control of the facility. 

(4)	At least sixty (60) days in advance of the proposed closure date, the owner or operator must notify the Department and the local governing authority of the proposed closure date.

(5)	The owner or operator must notify the general public at least sixty (60) days in advance of the proposed closure by placing signs of suitable size at the entrance to the site and facility.

(6)	The owner or operator of the facility must complete closure activities of the facility in accordance with the closure plan and within one hundred eighty (180) calendar days following the final receipt of waste. Extensions of the closure period may be granted by the Department if the owner or operator demonstrates that closure will take longer than one hundred eighty (180) calendar days and the owner/operator has taken and will continue to take all steps to prevent threats to human health and the environment.

(7)	Following closure of an Waste Tire Monofill, the owner or operator shall comply with section 25-15-320, C.R.S. unless the site is remediated to a condition that is suitable for unrestricted use. If waste is left in place as part of the closure, record a notation in the chain of title specifying that the land has been used as a Waste Tire Monofill; a copy of which must be provided to the Department prior to recording for review and approval.

(8)	Closure Certification: A closure certification report is required to be submitted within sixty (60) calendar days of completion of closure activities which documents all the requirements and conditions of the closure plan have been achieved.  The Report must be signed and sealed by a Colorado registered professional engineer and is subject to review and approval by the Department.

(C)	POST-CLOSURE CARE AND MAINTENANCE REQUIREMENTS FOR WASTE TIRE MONOFILLS
		
Post-Closure Activities: Following closure of the Waste Tire Monofill the owner or operator shall submit a Post-Closure Care Plan within sixty (60) calendar days of determining that the waste tire facility was closed as a landfill that will include at least the following:

(1)	Provisions to prevent nuisance conditions;

(2)	Maintaining the integrity and effectiveness of the final cover, should waste remain in place, including making repairs to the cover and replanting vegetation as necessary; and

(3)	Name, address, and telephone number of the person or office to contact about the facility during the post-closure period.

10.6 - STANDARDS FOR WASTE TIRE PROCESSORS

10.6.1	GENERAL

Waste tire processing is not subject to the Recycling requirements of section 8 of these Regulations or the annual fee requirements of section 1.7.3 of these Regulations.   

10.6.2	GENERAL STANDARDS FOR WASTE TIRE PROCESSORS 

(A)	All Waste Tire Processors must maintain all weather access roads to those areas of active operation and as necessary to meet the Fire Prevention, Training and Firefighting Plan required by subsection 10.6.9(A)(3) of these Regulations. 

(B)	All Waste Tire Processors must collect litter in order to avoid a fire hazard or a nuisance condition and control the growth of vegetation to minimize potential fuel sources. 

(C)	All Waste Tire Processors must implement security measures to preclude unauthorized entry.

(D)	Prominent signs in English and any other language predominant in the area surrounding the facility must be posted in public view at the entrance to each Waste Tire Processing facility with the name of the facility, the hours which the facility is open for public use, a listing of the wastes accepted at the facility, and a phone number for a 24 hour emergency contact.  

(E)	The Waste Tire Processor must maintain a working telephone at each Waste Tire Processor facility.

(F)	During all stages of operation of a Waste Tire Processor, the facility must have an attendant who is responsible for site activities.

(G)	A Waste Tire Processor operator must immediately notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires.  Within two (2) weeks of this notification, the facility must submit a written report describing the emergency to the Solid Waste Program.  This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency.

(H)	Following a one-year accumulation period, the weight or volume of waste tires that are processed must be at least 75% of the total weight or volume of waste tires received and currently in storage over a three year rolling average.  A Waste Tire Processor that is also registered as a Waste Tire Monofill is exempt from this requirement and must comply with the requirement in section 10.5.1(J). 

(I)	A Waste Tire Processor that is not also registered as a Waste Tire Monofill must not have at the processing facility at any one time more than the lesser of:

(1)	One hundred thousand (100,000) waste tires;

(2)	The amount of waste tires allowed under local requirements; or

(3)	The amount of waste tires anticipated in the Waste Tire Processor’s financial assurance instrument.

(J)	Waste Tire Processors must arrange for the commercial hauling of waste tires only with a waste tire hauler who is currently registered pursuant to section 10.3.2 of these Regulations.

(K)	Waste Tire Processors must ensure that any waste tires shipped off-site from their facilities are delivered either out of state or to a registered Waste Tire Generator, Waste Tire Hauler, Waste Tire Collection Facility, Waste Tire Monofill, or another Waste Tire Processor operating in compliance with the Act and the Regulations.  Waste Tire Processors may ship whole waste tires to an End User who end uses whole waste tires for fuel or energy recovery.

(L)	Waste Tire Processors must comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(M)	Waste Tire Processors must comply with the facility’s Engineering Design and Operations Plan (EDOP).

10.6.3	WASTE TIRE PROCESSORS REGISTRATION REQUIREMENTS

(A)	No person shall process waste tires without having received a Certificate of Registration from the Department.

(B)	Applications for Certificates of Registration must be submitted on Form WT-to the Solid Waste and Materials Management Program within the Hazardous Materials and Waste Management Division of the Department. 

(C)	Certificate of Registration applications for operation of a Waste Tire Processor must include:

(1)	The business name of the Waste Tire Processor and any other names under which the Waste Tire Processor may do business;

(2)	The principal business address of the Waste Tire Processor;

(3)	A business telephone number(s);

(4)	The name and address of the responsible officer of a corporate Waste Tire Processor, or the owner(s) of a Waste Tire Processor operating a proprietorship or a partnership; and

(5)	The signature and date of signature of the Waste Tire Processor applicant.

(D)	The Department will issue a Certificate of Registration to the applicant after approval of the application.  Certificates of Registration must be maintained at the facility and made available for inspection

(E)	A Certificate of Registration is not transferable by the Waste Tire Processor to whom it was issued to any other person or entity.

(F) A Waste Tire Processor who has previously filed an application for a Certificate of Registration as a Waste Tire Processor (Form WT-1) is required to notify the Department in writing whenever changes to the following occur: 

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number;

(7) Waste tires are processed at a new location not registered with the Department; or

(8) The owner/operator is no longer operating as a Waste Tire Processor at the location registered with the Department.

(G)	The Department may cancel a Certificate of Registration of a person who no longer processes waste tires.

10.6.4 WASTE TIRE PROCESSOR FACILITY DECAL 

(A)	An application for a Certificate of Registration pursuant to section 10.6.3 above, will also serve as an application for a Waste Tire Facility decal.

(B)	Waste Tire Processors will receive a Waste Tire Facility decal from the Department with their Certificate of Registration.  Waste tire decals will have a unique number.

(C)	Waste Tire Processors must post their Waste Tire Facility decal in a prominent location at the address used to process tires and where the decal is visible to the Waste Tire Hauler.

10.6.5 WASTE TIRE PROCESSOR MANIFEST REQUIREMENTS 

(A)	No Waste Tire Processor may accept a shipment of ten (10) or more waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations unless they comply with section 10.1.3 (E).

(B)	Waste Tire Processors must maintain on-site at their facility manifests for all shipments of waste tires accepted and make the manifests available for inspection for three (3) years from the date of delivery. 

(C)	No Tire Waste Tire Processor may offer a shipment of ten (10) or more waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(D)	Waste Tire Processors must maintain on-site at their facility manifests for all shipments of waste tires offered and make the manifests available for inspection for three (3) years from the date of pick-up. 

10.6.6 WASTE TIRE PROCESSOR FINANCIAL ASSURANCE 

All Waste Tire Processors must maintain financial assurance for any required reclamation and for closure and post-closure care of the Facility pursuant to section 1.8 of these Regulations.

10.6.7	ANNUAL REPORT 

(A)	All Waste Tire Processors must submit an annual report to the Department and local governing body having jurisdiction by April 1 of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report must include the amount, by actual count or by actual weight in tons, of waste tires received at the facility, how many waste tires were processed at the facility, how many waste tires were shipped off-site from the facility for the preceding year, and the total amount of waste tires accepted from unregistered waste tire haulers.

(B)	The annual report must include, in addition to the information in section 10.6.7(A) above, information concerning compliance with Section 10.6.2(H) that the Waste Tire Processor processed into tire-derived product at least 75% of the three year rolling average annual amount, by weight or number, of waste tires that the Waste Tire Processor accepted during the previous three (3) calendar years.   

(C)	A Waste Tire Processor may claim that information or data submitted in the Waste Tire Annual Report should be withheld as Confidential Business Information (“CBI”) or Trade Secret. The Department will hold information contained in the Waste Tire Inventory Reduction Plan as CBI/Trade Secret pursuant to section 7-74-102, C.R.S. and section 18-4-408(2), C.R.S.  The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.6.8	WASTE TIRE PROCESSOR SELF-CERTIFICATION

(A)	The Department may require Waste Tire Processors to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B)	Any Waste Tire Processor who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C)	The Department will provide Waste Tire Processors a reasonable amount of time to complete and return a checklist.  At a minimum, the Waste Tire Processor will have fourteen (14) days from the date of receipt to return the checklist.  A checklist is deemed returned on the date it is received by the Department.  The Department may provide an extension of time to complete and return the checklist upon request.

(D)	The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Processor:

“I, the undersigned facility representative, certify that:

i.	I have personally examined and am familiar with the information contained in this submittal;
ii.	The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and
iii.	I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information.”

10.6.9	WASTE TIRE PROCESSOR ENGINEERING DESIGN AND OPERATIONS PLAN

(A)	Each Waste Tire Processor must have an Engineering Design and Operations Plan, approved by the Department, which must, at a minimum, include all of the following:

(1)	General:

(a)	Nature of the activity conducted at the facility; 
(b)	The capacity and type of equipment to be used at the facility;
(c)	All methods of processing and storage;
(d)	Means used to track inventory on a volume or weight basis;  
(e)	Security measures; 
(f)	How the facility intends to implement the requirements listed in section 10.6.2 above; and
(g)	Annual training requirements for all employees on all approved facility plans described in section 10.6.9, and how that training will be documented and verified.

(2)	Emergency Response Plan which includes:

(a)	General facility information including:

(i) The facility name, mailing address and telephone number;
(ii)	The facility operator’s name, mailing address and telephone number; and
(iii)	The property owner’s name, mailing address and telephone number.

(b)	An emergency contact list including the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency, including:

(i)	The Emergency Coordinator; 
(ii)	The Facility Owner; 
(iii)	The Facility Operator; 
(iv)	The Local Fire Authority; and 
(v)	Any additional numbers that may be needed. 

(c)	Emergency Equipment available on site, including specific capabilities and uses.

(d)	A map showing the location of fire lanes, tire pile configurations, fire hydrants, power supply, and emergency response equipment.

(e)	A description of emergency response procedures to be followed in the event of a fire or other emergency.
 
(3)	Fire Prevention, Training and Firefighting Plan which:

(a)	Includes specification of the Facility’s fire lane locations and widths;

(b)	Includes resources to extinguish fires;

(c)	Designates a Facility Emergency Coordinator;

(d)	Is written by a qualified professional in accordance with local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety; and

(e)	Ensures the Waste Tire Processor complies with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(4) Vector Control Plan which includes: 

(a)	Provisions for storage of tires in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means: (i) cover with impermeable barriers, other than soil, to prevent entry or accumulation of precipitation, or (ii) use of treatments or methods, such as pesticides, to prevent or eliminate vector breeding as necessary; and

(b)	Provisions ensuring that if pesticides are used in vector control efforts, they must be used in accordance with the Pesticide Applicators Act, section 35-10-101, C.R.S.

10.6.10 CLOSURE AND POST-CLOSURE CARE OF WASTE TIRE PROCESSOR FACILITIES

(A)	Waste Tire Processors must close and maintain their facilities in accordance with sections 2.5, 2.6, and 10.6 of these Regulations.

(B)	Closure Plan Requirements for Waste Tire Processors:  The closure plan must be prepared as part of an Engineering Design and Operations Plan and must describe the steps necessary to close the Waste Tire Processor’s facility at any point during its active life and at the end of the facility’s active life.  The Waste Tire Processor must remove all solid waste and residual contamination to meet unrestricted use concentrations.  The closure plan, at a minimum, must include the following information:

(1)	Provisions for removal of all solid waste at the site, including:

(a)	Proposed plans and procedures for sampling and testing soil based on visual identification of staining or other indications of residual contamination; 

(b)	Provisions for sampling and analyses of soil for potential hazardous characteristics and provisions for final disposal.  Soils will need to meet unrestricted use concentrations or background levels whichever is greater; and

(c)	A schedule for completing all activities necessary to satisfy the closure criteria of this section.

(2)	Waste Tire Processors must submit a Closure Certification Report to the Department at the time of final closure.  The report must summarize and document the closure activities, including any analytical results, needed to support the unrestricted use condition of the facility. 

(3)	At least sixty (60) days in advance of the proposed closure date, the Waste Tire Processor must notify the Department and the local governing authority of the proposed closure date.

(4) The owner or operator must notify the general public at least sixty (60) days in advance of the proposed closure by placing signs of suitable size at the entrance to the site and facility.

(5) Waste Tire Processors must complete closure activities of their facility in accordance with the closure plan and within one hundred eighty (180) calendar days following the final receipt of waste tires. Extensions of the closure period may be granted by the Department if the Waste Tire Processor demonstrates that closure will take longer than one hundred eighty (180) calendar days and the owner/operator has taken and will continue to take all steps to prevent threats to human health and the environment.

(6)	Closure Certification: Waste Tire Processors must submit a closure certification report within sixty (60) calendar days of completion of closure activities which documents all the requirements and conditions of the closure plan have been achieved.  The Report must be signed and sealed by a Colorado registered professional engineer and is subject to review and approval by the Department.

10.7 - STANDARDS FOR MOBILE WASTE TIRE PROCESSORS

10.7.1	GENERAL

Mobile waste tire processing is not subject to the Recycling requirements of section 8 of these Regulations or the annual fee requirements of section 1.7.3 of these Regulations. 

10.7.2	GENERAL STANDARDS FOR MOBILE WASTE TIRE PROCESSORS 

(A)	All Mobile Waste Tire Processors must collect litter around their mobile processing operation in order to avoid a fire hazard or a nuisance and control the growth of vegetation to minimize potential fuel sources.

(B)	The operator must ensure access to a working telephone at each Mobile Waste Tire Processor site.

(C)	During all stages of operation at a mobile processing site, a Mobile Waste Tire Processor must ensure that an attendant who is responsible for mobile processing site activities is present.

(D)	A Mobile Waste Tire Processor operator must immediately notify the Solid Waste and Materials Management Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires.  Within two weeks of this notification, the facility must submit a written report describing the emergency to the Solid Waste and Materials Management Program.  This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the problems generated by the emergency.

(E)	A Mobile Waste Tire Processor must not lease or own the property on which the processing occurs.  Persons who own or lease the property on which they process waste tires are Waste Tire Processors and are not Mobile Waste Tire Processors.

(F)	A Mobile Waste Tire Processor must not accept or accumulate waste tires unless also registered as a Waste Tire Processor at the property on which the processing occurs.

(G)	A Mobile Waste Tire Processor must receive permission from the local governing authority prior to beginning to process waste tires at the location for any period of time.

(H)	A Mobile Waste Tire Processor must notify the Department fourteen (14) days prior to beginning processing, the location where mobile processing will occur, the dates of processing, and the number of days processing at the site.

(I)	A Mobile Waste Tire Processor must not process waste tires at a location for more than thirty (30) consecutive days unless the Mobile Waste Tire Processor:

(1)	Is registered as a Waste Tire Processor at that location; or
(2)	Receives Departmental approval to process for more than thirty (30) consecutive days at the location and remains in compliance with all state and local environmental requirements at the location of mobile processing.

(J)	Mobile Waste Tire Processors must comply with their Engineering Design and Operations Plan (EDOP).

10.7.3	MOBILE WASTE TIRE PROCESSORS REGISTRATION REQUIREMENTS

(A)	No person shall operate as a Mobile Waste Tire Processor without having received a Certificate of Registration from the Department.

(B)	Applications for Certificates of Registration must be submitted on Form WT-1 or WT-1M to the Solid Waste and Materials Management Program within the Hazardous Materials and Waste Management Division of the Department. 

(C)	Certificate of Registration applications for operating as a Mobile Waste Tire Processor must include:

(1)	The business name of the Mobile Waste Tire Processor and any other names under which the Mobile Waste Tire Processor may do business;

(2)	The permanent business address of the Mobile Waste Tire Processor;

(3)	A business telephone number(s);

(4)	The name and address of the responsible officer of a corporate Mobile Waste Tire Processor, or the owner(s) of a Mobile Waste Tire Processor operating a proprietorship or a partnership; 

(5)	The signature and date of signature of the Mobile Waste Tire Processor applicant; and

(6)	The types of mobile processing equipment the Mobile Waste Tire Processor uses to process waste tires in Colorado.

(D)	The Department will issue a Certificate of Registration to the applicant after approval of the application.  Certificates of Registration must be maintained at the permanent address of the Mobile Waste Tire Processor and made available for inspection.

(E)	A Certificate of Registration is not transferable by the Mobile Waste Tire Processor to whom it was issued to any other person or entity.

(F)	The Certificate of Registration for a Mobile Waste Tire Processor is valid from the date of issuance to March 15 of the year indicated on the Certificate of Registration.

(G)	A Mobile Waste Tire Processor is not authorized to mobile process waste tires after the March 15 expiration date unless the Mobile Waste Tire Processor has applied to renew the Certificate of Registration prior to expiration and has received a new Certificate of Registration as a Mobile Waste Tire Processor from the Department and Mobile Waste Tire Processor decals, pursuant to section 10.7.4 below.

(H)	All Mobile Waste Tire Processors who wish to continue mobile processing waste tires must submit application for renewal no later than February 1.

(I)	A Waste Tire Mobile Processor who has previously filed an application for a Certificate of Registration as a Waste Tire Mobile Processor (Form WT-1 or WT-1M) is required to notify the Department in writing whenever changes occur to the following:
 
(1)	Ownership;

(2) Mailing address;
	
(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number; or

(7) The Waste Tire Mobile Processor is no longer mobile processing waste tires.
 
(J)	The Department may cancel a Certificate of Registration of a person who no longer mobile processes waste tires. 

10.7.4 MOBILE WASTE TIRE PROCESSOR DECAL 

(A)	No person shall mobile process waste tires in Colorado without having received a Mobile Waste Tire Processor decal.  An application for a Certificate of Registration pursuant to section 10.7.3 above, shall also serve as an application for a Mobile Waste Tire Processor decal(s).  A Mobile Waste Tire Processor must submit an updated application for a Certificate of Registration within fifteen (15) days after the Mobile Waste Tire Processor purchases new mobile processing equipment or rents or leases mobile processing equipment.

(B)	Mobile Waste Tire Processors will receive from the Department Mobile Waste Tire Processor decal(s) for each type of mobile processing equipment with their Certificate of Registration.  Each decal will have a unique number.

(C)	Each Mobile Waste Tire Processor decal will be valid until March 15 of the year indicated on the vehicle decal and will have a unique number. Prior to the expiration date, a Mobile Waste Tire Processor must submit a new application for a Certificate of Registration pursuant to section 10.7.3 above.

(D)	A Mobile Waste Tire Processor decal must be affixed to the mobile processing equipment.  If the decal cannot be affixed to the mobile processing the equipment, the operator must have the decal available at all times for inspection.

(F)	A Mobile Waste Tire Processor decal is not transferable by the Mobile Waste Tire Processor to whom it was issued to any other person or entity and must not be used for any vehicle not listed by the Registered Mobile Waste Tire Processor on its application for a Certificate of Registration as a Mobile Waste Tire Processor.

10.7.5 MOBILE WASTE TIRE PROCESSOR MANIFEST REQUIREMENTS

(A)	No person may accept waste tires for mobile processing without completing a paper or electronic manifest to section 10.7.5 of these Regulations.

(B)	Paper or electronic manifests for all waste tires shipped, accepted and/or processed by a Mobile Waste Tire Processor must be maintained on-site at the principal business address as identified on the Certificate of Registration and available for inspection for three (3) years from the date of delivery. 

(C)	At the conclusion of the mobile processing at the location, the Mobile Waste Tire Processor must create a paper or electronic manifest for waste tires that are processed.  Such persons must use the Uniform Mobile Waste Tire Processor Manifest Form (Form WT-7), available at the Department’s website. Each manifest will have a unique number.  The completed Uniform Mobile Waste Tire Processor Manifest must contain the following information:

(1)	The name, address, telephone number, and Certificate of Registration number and decal number, if applicable, of the location where waste tires were processed;

(2)	The quantity of waste tires processed at each location as measured by:

(a)	The actual number of waste tires by category (e.g. passenger car/light duty truck tires, semi-truck tires, etc); or

(b)	The weight of waste tires measured in tons;

(3)	The name, address, telephone number and Certificate of Registration number of the Mobile Waste Tire Processor and the Mobile Waste Tire Processor decal number of the equipment used to process the waste tires; 

(4)	The date(s) of processing;

(5)	The signatures, under penalty of perjury, of the responsible party at the location where waste tires were processed and the mobile processor; and

(6)	If the waste tires originated from an illegal waste tire site or from a private property.

D)	Mobile Waste Tire Processors must:

(1)	Make a copy of any paper or electronic Uniform Waste Tire Manifest available to the Department upon request.

(2)	Maintain all manifests at the permanent business address of the Mobile Waste Tire Processor and available for inspection for three (3) years from the date of processing.

(3)	Provide a copy of the paper or electronic Uniform Mobile Waste Tire Processor Manifest Form to the Waste Tire Generator/source of waste tires processed within thirty (30) days of completion of mobile processing.

10.7.6 MOBILE WASTE TIRE PROCESSOR FINANCIAL ASSURANCE 

All Mobile Waste Tire Processors must establish and maintain financial assurance in the amount of ten thousand dollars ($10,000.00), unless they maintain financial assurance as a Waste Tire Processor, Waste Tire Collection Facility or a Waste Tire Monofill. 

10.7.7	 ANNUAL REPORT 

(A)	All Mobile Waste Tire Processors must submit an annual report to the Department and local governing body having jurisdiction by April 1st of each year on the Mobile Waste Tire Processor Annual Reporting Form (Form WT-8). The annual report must include the amount, by actual count or by actual weight in tons, of waste tires processed at each mobile processing location during the previous year.

(B)	A Mobile Waste Tire Processor may claim that information or data submitted in the Waste Tire Annual Report should be withheld as Confidential Business Information (“CBI”) or Trade Secret.  The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.7.8	MOBILE WASTE TIRE PROCESSOR SELF-CERTIFICATION

(A)	The Department may require Mobile Waste Tire Processors to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B)	Any Mobile Waste Tire Processor who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C)	The Department will provide Mobile Waste Tire Processors a reasonable amount of time to complete and return a checklist.  At a minimum, the Mobile Waste Tire Processor will have fourteen (14) days from the date of receipt to return the checklist.  A checklist is deemed returned on the date it is received by the Department.  The Department may provide an extension of time to complete and return the checklist upon request.

(D)	The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the Mobile Waste Tire Processor:

“I, the undersigned facility representative, certify that:

i.	I have personally examined and am familiar with the information contained in this submittal;
ii.	The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and
iii.	I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information.”

10.7.9 MOBILE WASTE TIRE PROCESSOR ENGINEERING DESIGN AND 
OPERATIONS PLAN 

(A)	Each Mobile Waste Tire Processor must have an Engineering Design and Operations Plan, approved by the Department, which must, at a minimum, include all of the following:

(1)	General:
(a)	Nature of the activity conducted at each mobile processor site; 

(b)	The capacity and type of equipment to be used at each site;

(c)	All methods of processing and storage;

(d)	Means used to track inventory on a volume or weight basis;  

(e)	Security measures; 

(f)	How the Mobile Waste Tire Processor intends to implement the requirements listed in section 10.7.2 above; and

(g)	Annual training requirements for all employees on all approved facility plans described in section 10.7.9, and how that training will be documented and verified.

(2) Emergency Response Plan which includes:

(a)	General information including:

(i)The Mobile Processor’s name, mailing address and telephone number; and
(ii)	Potential emergencies and how the Mobile Processor will respond to these.

(b)	An emergency contact list including the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency, including:

(i)	The Emergency Coordinator; and
(ii)	Any additional numbers that may be needed. 

(c)	A description of emergency response procedures to be followed in the event of a fire or other emergency.
 
(3)	Fire Prevention, Training and Firefighting Plan which:

(a)	Includes resources to extinguish fires;

(b)	Designates an onsite Emergency Coordinator;

(c)	States how the Mobile Waste Tire Processor will comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

10.8 - STANDARDS FOR WASTE TIRE COLLECTION FACILITIES

10.8.1	GENERAL

The requirements of this section 10.8 apply to facilities where ten (10) or more waste tires are stored awaiting pickup by a Registered Waste Tire Hauler or processed by a Mobile Waste Tire Processor.

10.8.2	GENERAL STANDARDS FOR WASTE TIRE COLLECTION FACILITIES 	 	

(A)	Any person who owns or operates a Waste Tire Collection Facility must maintain all weather access roads to those areas of active operation and as necessary to meet the Fire Protection, Training and Firefighting Plan required by subsection 10.8.9(A)(3) of these Regulations. 

(B)	Any person who owns or operates a Waste Tire Collection Facility must collect litter in order to avoid a fire hazard or a nuisance condition and control the growth of vegetation to minimize potential fuel sources. 

(C)	Any person who owns or operates a Waste Tire Collection Facility must implement security measures to preclude unauthorized entry.

(D)	Any person who owns or operates a Waste Tire Facility Collection Facility must place prominent signs in English and any other language predominant in the area surrounding the facility must be posted in public view at the entrance to each Waste Tire Collection Facility with the name of the facility, the hours which the facility is open for public use, a listing of the wastes accepted at the facility, and a phone number for a 24 hour emergency contact.

(E)	Any person who owns or operates a Waste Tire Facility Collection Facility must maintain a working telephone at each Waste Tire Collection Facility.

(F)	During all stages of operation of a Waste Tire Collection Facility, the facility must have an attendant who is responsible for site activities.

(G)	A Waste Tire Collection Facility owner or operator must immediately notify the Solid Waste and Materials Management Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires.  Within two (2) weeks of this notification, the owner or operator must submit a written report describing the emergency to the Solid Waste and Materials Management Program.  This report must describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the issues generated by the emergency.

(H)	Any person who owns or operates a Waste Tire Collection Facility must arrange for the commercial hauling or mobile processing of waste tires only with a waste tire hauler or mobile processor who is currently registered pursuant to these Regulations.

(I)	Any person who owns or operates a Waste Tire Collection Facility must ensure that all waste tires collected at its facility are delivered to a registered waste tire generator, waste tire hauler, another waste tire collection facility, waste tire monofill, waste tire processor, an approved beneficial user of whole waste tires, a municipal or county owned waste tire collection area, or to a municipal or privately owned solid waste landfill operating in compliance with the Act and the Regulations or processed by a mobile processing.  An owner/operator of a Waste Tire Monofill may ship whole waste tires to an End User who end uses whole waste tires for fuel or energy recovery.

(J)	Any person who owns or operates  a Waste Tire Collection Facility that is not also registered as a Waste Tire Processor or Waste Tire Monofill must not have onsite at any one time more than seven thousand five hundred (7,500) waste tires.

(K)	Any person who owns or operates a Waste Tire Collection Facility must comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(L)	Any person who owns or operates a Waste Tire Collection Facility must comply with the facility’s Engineering Design and Operations Plan (EDOP).

10.8.3	WASTE TIRE COLLECTION FACILITY REGISTRATION REQUIREMENTS

(A)	No person shall operate a Waste Tire Collection Facility without having received a Certificate of Registration from the Department.

(B)	Applications for Certificates of Registration must be submitted on Form WT-1 to the Solid Waste and Materials Management Program within the Hazardous Materials and Waste Management Division of the Department.  

(C)	Certificate of Registration applications for operation of a Waste Tire Collection Facility must include:

1)	The business name of the Waste Tire Collection Facility and any other names under which the Waste Tire Collection Facility may do business;

2)	The principal business address of the Waste Tire Collection Facility;

3)	A business telephone number(s);

4)	The name and address of the responsible officer of a corporate Waste Tire Collection Facility, or the owner(s) of a Waste Tire Collection Facility operating a proprietorship or a partnership; and

5)	The signature and date of signature of the Waste Tire Collection Facility applicant.
 
(D)	The Department will issue a Certificate of Registration to the applicant after approval of the application.  Certificates of Registration must be maintained at the facility and made available for inspection.

(E)	A Certificate of Registration is not transferable by the owner or operator of a Waste Tire Collection Facility to whom it was issued to any other person or entity.
	
(F) An owner or operator of a Waste Tire Collection Facility who has previously filed an application for a Certificate of Registration as a Waste Tire Collection Facility (Form WT-1) is required to notify the Department in writing whenever changes occur to the following: 

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number;

(7) The owner or operator of a Waste Tire Collection Facility will be operating at a new location not registered with the Department; or

(8)	The owner or operator is no longer operating a Waste Tire Collection Facility at the location registered with the Department.

(G)The Department may cancel a Certificate of Registration of an owner or operator who no longer operates a Waste Tire Collection Facility at their registered location.

10.8.4	WASTE TIRE COLLECTION FACILITY DECAL 

(A)	An application for a Certificate of Registration pursuant to section 10.8.3 above, shall also serve as an application for a Waste Tire Collection Facility decal.

(B)	An owner or operator of a Waste Tire Collection Facility will receive a Waste Tire Collection Facility decal from the Department with its Certificate of Registration.

(C)	 Waste Tire decals will have a unique number.

(D)	An owner or operator of a Waste Tire Collection Facility must post their Waste Tire Facility decal in a prominent location at the address used to store/accumulate tires and where the decal is visible to the Waste Tire Hauler or Mobile Waste Tire Processor.

10.8.5	WASTE TIRE COLLECTION FACILITY MANIFEST REQUIREMENTS 

(A)	No owner or operator of a Waste Tire Collection Facility may accept a shipment of ten (10) or more waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations unless they comply with section 10.1.3 (E).

(B)	Manifests for all shipments of waste tires accepted by an owner or operator of a Waste Tire Collection Facility must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery. 

(C)	No owner or operator of a Waste Tire Collection Facility may offer a shipment of ten (10) or more waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(D)	No owner or operator of a Waste Tire Collection Facility may offer waste tires for mobile processing without receiving a manifest properly completed by the Mobile Waste Tire Processor pursuant to section 10.7.5 of these Regulations.

(E)	Manifests for all shipments of waste tires shipped off-site and accepted on-site by the owner or operator of a Waste Tire Collection Facility must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery.  

10.8.6	WASTE TIRE COLLECTION FACILITY FINANCIAL ASSURANCE 

All owners or operators of Waste Tire Collection Facilities must maintain financial assurance for any required reclamation and for closure and post-closure care of the Facility pursuant to section 1.8 of these Regulations.

10.8.7	ANNUAL REPORT

Any person who owns or operates a Waste Tire Collection Facility must submit an annual report to the Department and local governing body having jurisdiction by April 1 of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report must include, by actual count or by actual weight in tons, the amount of waste tires received at the facility, how many waste tires were shipped off-site from the facility for the preceding calendar year, and the total amount of waste tires accepted from unregistered waste tire haulers.

10.8.8	WASTE TIRE COLLECTION FACILITY SELF-CERTIFICATION

(A)	The Department may require an owner or operator of a Waste Tire Collection Facility to furnish additional information concerning compliance with the regulatory requirements of 6 CCR 1007-2 using a self-certification process.

(B)	An owner or operator of a Waste Tire Collection Facility who receives a Self-Certification Checklist from the Department must complete and return the checklist within the time specified in the instructions provided by the Department.

(C)	The Department will provide the owner or operator of a Waste Tire Collection Facility a reasonable amount of time to complete and return a checklist.  At a minimum, the owner or operator of a Waste Tire Collection Facility will have fourteen (14) days from the date of receipt to return the checklist.  A checklist is deemed returned on the date it is received by the Department.  The Department may provide an extension of time to complete and return the checklist upon request.

(D)	The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the Waste Tire Collection Facility:

“I, the undersigned facility representative, certify that:

i.	I have personally examined and am familiar with the information contained in this submittal;
ii.	The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and
iii.	I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties, including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information.”

10.8.9 WASTE TIRE COLLECTION FACILITY ENGINEERING DESIGN AND OPERATIONS PLAN 

(A)	Any person who owns or operates a Waste Tire Collection Facility must have and comply with an Engineering Design and Operations Plan approved by the Department, which must, at a minimum, include all of the following:

(1)	General:

(a)	Nature of the activity conducted at the facility; 

(b)	The capacity and type of equipment to be used at the facility;

(c)	All methods of storage;

(d)	Means used to track inventory on a volume or weight basis;

(e)	Security measures;   

(f)	How the facility intends to implement the requirements listed in section 10.8.2 above; and 

(g)	Annual training requirements for all employees on all approved facility plans described in this section 10.8.9, and how that training will be documented and verified.

(2)	Emergency Response Plan which includes:

(a)	General facility information including:

(i)The facility name, mailing address and telephone number;

(ii)The facility operator’s name, mailing address and telephone number; and

(iii)The property owner’s name, mailing address and telephone number.

(b)	An emergency contact list including the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency, including:

(i)	The Emergency Coordinator; 

(ii)	The Facility Owner; 

(iii)	The Facility Operator; 

(iv)	The Local Fire Authority; and 

(v)	Any additional numbers that may be needed.

(c)	Emergency Equipment available on site, including specific capabilities and uses.

(d)	A map showing the location of fire lanes, tire pile configurations, fire hydrants, power supply, and emergency response equipment.

(e)	A description of emergency response procedures to be followed in the event of a fire or other emergency.

(3)	Fire Prevention, Training and Firefighting Plan which:

(a)	Includes specification of the Facility’s fire lane locations and widths;

(b)	Includes resources to extinguish fires;

(c)	Designates a Facility Emergency Coordinator;

(d)	Is written by a qualified professional in accordance with local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(e)	Ensures the owner or operator of a Waste Tire Collection Facility complies with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Prevention and Control in the Department of Public Safety.

(4)	Vector Control Plan which includes: 

(a)	Provisions for storage of tires in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means: (i) cover with impermeable barriers, other than soil, to prevent entry or accumulation of precipitation, or (ii) use of treatments or methods, such as pesticides, to prevent or eliminate vector breeding as necessary.

(b)	Provisions ensuring that if pesticides are used in vector control efforts, they are used in accordance with the Pesticide Applicators Act, section 35-10-101, C.R.S.

10.8.10 CLOSURE AND POST-CLOSURE CARE OF WASTE TIRE COLLECTION FACILITIES  

(A)	Any person who owns or operates a Waste Tire Collection Facility must close and maintain the closed facility in accordance with sections 2.5, 2.6, and 10.8 of these Regulations.

(B)	Any person who owns or operates a Waste Tire Collection Facility must prepare a closure plan as part of an Engineering Design and Operations Plan and must describe the steps necessary to close the Waste Tire Collection Facility at any point during its active life and at the end of the facility’s active life.  The owner or operator of a Waste Tire Collections Facility must remove all solid waste and residual contamination to meet unrestricted use concentrations.  The closure plan, at a minimum, must include the following information:

(1)	Provisions for removal of all solid waste at the site, including:

(a)	Proposed plans and procedures for sampling and testing soil based on visual identification of staining or other indications of residual contamination; 

(b)	Provisions for sampling and analyses of soil for potential hazardous characteristics and provisions for final disposal.  Soils will need to meet unrestricted use concentrations or background levels whichever is greater; and

(c)	A schedule for completing all activities necessary to satisfy the closure criteria of this section.

(2)	The owner or operator of all Waste Tire Collection Facilities must submit a Closure Certification Report to the Department at the time of final closure.  The report must summarize the document the closure activities, including any analytical results, needed to support the unrestricted use condition of the facility. 

(3)	At least sixty (60) days in advance of the proposed closure date, the owner or operator must notify the Department and the local governing authority of the proposed closure date.
 
(4) The owner or operator must notify the general public at least sixty (60) days in advance of the proposed closure by placing signs of suitable size at the entrance to the site and facility.

(5)	The owner or operator of the facility must complete closure activities of the facility in accordance with the closure plan and within one hundred eighty (180) calendar days following the final receipt of waste tires. Extensions of the closure period may be granted by the Department if the owner or operator demonstrates that closure will take longer than one hundred eighty (180) calendar days and the owner/operator has taken and will continue to take all steps to prevent threats to human health and the environment.

(6)	Closure Certification: Any person who owns or operates a Waste Tire Collection Facility must submit a closure certification report within sixty (60) calendar days of completion of closure activities which documents all the requirements and conditions of the closure plan have been achieved.  The Report must be signed and sealed by a Colorado registered professional engineer and is subject to review and approval by the Department.

10.9 - STANDARDS FOR END USERS 

10.9.1	GENERAL

The requirements of this section 10.9 apply to End Users who end use more than ten (10) tons of tire-derived product or who end use more than ten (10) tons of whole waste tires for energy or fuel in any one calendar year.

10.9.2	GENERAL STANDARDS FOR END USERS 	 	

(A)	End Users must arrange for the commercial hauling or mobile processing of waste tires only with a Waste Tire Hauler or Mobile Waste Tire Processor who is currently registered pursuant to these Regulations.

(B)	An End User that is not also registered as a Waste Tire Processor, Waste Tire Collection Facility or Waste Tire Monofill must not have onsite at any one time ten (10) or more whole waste tires.

10.9.3	END USER REGISTRATION REQUIREMENTS

(A)	End Users described in section 10.9.1 must register with and receive a Certificate of Registration from the Department.

(B)	Applications for Certificates of Registration must be submitted on Form WT-1 to the Solid Waste and Materials Management Program within the Hazardous Materials and Waste Management Division of the Department.

(C)	Certificate of Registration applications for operation as an End User must include:

1)	The business name of the End User and any other names under which the End User may do business;

2)	The principal business address of the End User;

3)	A business telephone number(s);

4)	The name and address of the responsible officer of a corporate End User, or the End User operating a proprietorship or a partnership; and

5)	The signature and date of signature of the End User applicant.
 
(D)	The Department will issue a Certificate of Registration to the applicant after approval of the application.  Certificates of Registration must be maintained at the facility and made available for inspection

(E)	A Certificate of Registration is not transferable by the End User to whom it was issued to any other person or entity.

(F) An End User who has previously filed an application for a Certificate of Registration as an End User (Form WT-1) is required to notify the Department in writing whenever changes to the following occur: 

(1) Ownership;

(2) Mailing address;

(3) Business name;

(4) Type of registration;

(5) Contact name;

(6) Phone number;

(7) End use is occurring at a new location not registered with the Department; or

(8) End use is no longer occurring at the location registered with the Department.

(G) The Department may cancel a Certificate of Registration of a person who is no longer an end user.

10.9.4	WASTE TIRE MANIFESTS 

(A)	No End User may accept a shipment of waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations.

(B)	Manifests for all shipments of waste tires accepted by an End User must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery. 

(C)	No End User may offer a shipment of waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations.

(D)	No End User may offer more waste tires for processing without receiving a manifest properly completed by the Mobile Waste Tire Processor pursuant to section 10.7.5 of these Regulations.

(E)	Manifests for all shipments of waste tires shipped off-site and accepted on-site by an End User must be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery.

10.9.5 ANNUAL REPORT 

(A)	End Users described in section 10.9.1 must submit an annual report to the Department and local governing body having jurisdiction by April 1st of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5).  The annual report must include the amount, by actual count or by actual weight in tons, of waste tires and tire derived product received at the End User’s facility during the previous year, and how many waste tires were used to generate energy or fuel during the previous year.
	
(B)	An End User may claim that information or data submitted in the Waste Tire Annual Report should be withheld as Confidential Business Information (“CBI”) or Trade Secret. The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.10 - STANDARDS FOR THE MANAGEMENT OF USED TIRES

10.10.1 GENERAL

The requirements of this section 10.10 apply to any person who commercially accumulates, stores, transports, or dispenses used tires.   

(A)	All persons who accumulate, store, transport, or dispense used tires must develop and maintain on site and in the vehicle used for transport written criteria for distinguishing waste tires from used tires.  Such criteria must be made available for inspection.

(B)	All persons who accumulate, store, transport, or dispense used tires must clearly identify waste tires and used tires using the criteria developed pursuant paragraph (A) above.

(C)	All persons who accumulate, store, transport, or dispense used tires must develop and maintain on site and in the vehicle used for transport written criteria for distinguishing used tires being held for sale in Colorado from used tires being held for sale outside Colorado.  Such criteria must be made available for inspection.

(D)	All persons who accumulate, store, transport, or dispense used tires must clearly identify used tires being held for sale in Colorado and used tires being held for sale outside Colorado according to the criteria developed pursuant to paragraph (C) above.

(E)	All persons who accumulate, store, transport, or dispense used tires must organize used tires for sale in a manner that allows the inspection of each individual tire.

(F)	Any person may claim that information or data contained in their written criteria described in this section 10.10.1 should be withheld as Confidential Business Information (“CBI”) or Trade Secret. The Department will hold such information contained as CBI/Trade Secret pursuant to section 7-74-102, C.R.S. and section 18-4-408(2), C.R.S.  The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim.

10.11	WASTE TIRE FEE ADMINISTRATION

10.11.1	 Any person who sells new motor vehicle or new trailer tires must collect and remit to the Department monthly the Waste Tire Fee pursuant to section 1.7.6 of these Regulations.  This Waste Tire Fee applies to all new automobile, trailer, truck, motor home and motorcycle tires sold in Colorado. 

10.11.2	 Any person who has sold a new motor vehicle or new trailer tire in the previous twelve (12) months must submit to the Department monthly the applicable New Tire Fee Return Form available on the Department’s website. The New Tire Fee Return Form must include, at a minimum, the following information:
 
(1)	The account number;

(2)	The time period (month/year) new tires were sold;

(3)	The business name;

(4)	The business mailing address;

(5)	The business telephone number;

(6)	The name of the business contact;

(7)	The number of stores included in the New Tire Fee Return Form;

(8)	If the New Tire Fee Return Form was amended;

(9)	The number of tires sold (if applicable);

(10) The amount owed; and

(11) An authorized signature, title and date.

10.11.3	The payment of the Waste Tire Fee (if applicable) and the New Tire Fee Return Form must be delivered to the Department electronically or by hard copy and must be postmarked or submitted electronically by the 20th of each month for tires sold the previous month.  Payments and forms received after the 20th of the month may be assessed a late fee of ten (10) percent in addition to the Waste Tire Fee.
 
10.11.4	Online payment of the Waste Tire Fee must be made by electronic check or credit card.  Payments by mail must be by money order, cashier check or personal check.  All other payment types, including cash payments or in-person payments will not be accepted.

10.11.5	The Department may deny a submittal made pursuant to this Section 10.11 if the Department determines a person has submitted an incorrect payment amount.  In such cases, the Department will reimburse the incorrect payment and the person must resubmit the New Tire Fee Return Form with the correct payment within thirty (30) days. 

10.11.6	Any person who aggregates monthly fees during a twelve (12) month period from multiple stores must annually submit to the Department the Annual New Tire Self Certification Form (Form WT-9) available on the Department’s website.  At a minimum, the person who sells new motor vehicle or new trailer tires will have fourteen (14) days from the date of receipt to return the checklist.

10.11.7	Any person who sells new motor vehicle or new trailer tires must retain and make available any documentation, including the receipt provided to customers, to ensure compliance with section 30-20-1403 (1)(a) C.R.S., of the sale of these tires for the Department to review. Documentation must be retained for three (3) years from the date of sale.    

10.12  WASTE TIRE END USERS FUND

10.12.1 GENERAL RULES

A.	General Rules of Eligibility:

1.  The following are eligible to apply for the rebate from the End Users Fund (the “Fund”): 

(a) Colorado End Users of Colorado-generated tire-derived products or Colorado waste tires who end use in Colorado;

(b) Colorado Retailers who sell certain Colorado-generated tire-derived products made in Colorado from Colorado waste tires; and
 
(c) Colorado Waste Tire Processors of Colorado waste tires who generate tire-derived products in Colorado and sell their tire-derived products to out-of-state End Users.

2.  By February 1 of each year, all applicants who applied for a rebate in the previous calendar year must provide an estimated monthly forecast of the amount of waste tires they will process, tire-derived product they will sell and/or end use in the following calendar year. Such applicants who do not provide estimates will not be eligible to participate in the Fund in the following calendar year. All estimates shall be considered confidential business information.

3.  A business or person who is required to be registered with the Secretary of State’s office to conduct business in the State of Colorado must be in “Good Standing” to be eligible for the rebate. 

4.  Once the Department has paid a rebate or denied a rebate on a particular quantity of tire-derived product or whole waste tires used for energy or fuel, every part of that particular quantity of tire-derived product or whole waste tires is no longer eligible for payment of the rebate.  This includes payments made before the adoption of these Rules. 

5.  When waste tires are processed at the location of an illegal disposal with funds from the Waste Tire Administration, Enforcement, and Cleanup Fund, neither the processing of those waste tires, the retail sale of the tire-derived product  generated, or the end use of the tire-derived product created is eligible for a rebate from the End Users Fund.  When waste tires are removed from the location of an illegal disposal with funds from the Waste Tire Administration, Enforcement, and Cleanup Fund and processed at a separate location not using funds from the Waste Tire Administration, Enforcement, and Cleanup Fund, the processing of those waste tires, the retail sale of the generated tire-derived product, and the end use of the tire-derived product created is eligible to receive a rebate from the End Users Fund so long as all the other eligibility requirements  are met.  

B. General Rules for End Users

1.  To be eligible to receive a rebate for end using tire-derived product or whole waste tires to generate energy or fuel, a person must be currently registered with the Department as an End User. 

2.  The Department will pay the rebate to an End User only if the end use complies with all local requirements in the jurisdiction end use occurs.

3.  Eligible and Ineligible End Uses.  Table 10-12.01 states which end uses are eligible for which category of rebate and some potential uses that are ineligible.   

4.  To receive the End User rebate for the end use of tire bales, the applicant must submit the End Users Tire Bale Approval Form, available on the Department’s website. 

C. General Rules for Retailers

1.  To be eligible to apply for a rebate, a Retailer must have a current Colorado retail sales tax license pursuant to section 39-26-103, C.R.S.

2. To be eligible for a retailer rebate, the retail sale must be to the ultimate consumer and the retailer must collect sales tax unless the customer is otherwise exempt from paying sales tax.

3.  Eligible and Ineligible Retailers.  Table 10-12.01 states which sales are eligible to receive the retailer rebate and some potential sales that are ineligible.

D.  General Rules for Processors

1.  Processors are eligible for a rebate for processing waste tires into tire-derived product only when they sell to an out of state End User and move the tire-derived product out of state.

2.  To be eligible to receive a rebate for processing waste tires, a person must be currently registered with the Department as a Waste Tire Processor at the address at which that person claims processing of waste tires or as a Mobile Processor of waste tires pursuant to this Section 10.

3.  Processors who process waste tires into tire-derived product in one (1) month and sell the tire-derived product in a subsequent month to an out-of-state End User are eligible for the processor rebate only after the tire-derived product is sold out of state and moved out of state.  Such applicants must provide documentation to the Department that demonstrates the tire-derived product was sold out of state and moved out of state.
 
4.  The Department will pay a Processor only if the end use complies with all local requirements in the jurisdiction in which it will be used.

5.  Eligible Processes. Table 10-12.01 states when a Processor is eligible for a rebate and some instances when a Processor is not eligible for a rebate.

Insert Table 10-12.01 Eligible End Uses, Processing and Retailing for the End Users Fund
Insert Table 10-12.01 Eligible End Uses, Processing and Retailing for the End Users Fund - continued 
Insert Table 10-12.01 Eligible End Uses, Processing and Retailing for the End Users Fund - continued
10.12.2 APPLICATION PROCEDURES 

A.	A person applying for a rebate must comply with all the provisions of this Section 10.12.2.

B.	An applicant for a rebate must file a complete application on Department Form WT-07, providing at a minimum: 

1.  Applicant's name and address. 

2.  Name and location where end use, retail sale or processing occurred. 

3.  A description of the end use, retail sale or processing. 

4.  Certification the waste tires were Colorado-generated.

5.  For End Users: 
(a)  the source of waste tires or tire-derived product; and
(b)  the End User’s Waste Tire Certificate of Registration number.

6.  For Retailers:
(a)  a list of consumers the Retailer sold the tire-derived product to; and
(b)  proof the Retailer collected sales tax on the retail sale or that the retail sale was exempt from sales tax.

7.  For Processors and Mobile Processors selling tire-derived product to out of state End Users: 
(a)  a list of out of state End Users that purchased the tire-derived product; and
(b)  the Processor or Mobile Processor’s Waste Tire Certificate of Registration number. 

8.  The amount of waste tires or tire-derived product processed, sold by a retailer, or end used, by weight in tons. 

9.  The time period in which the waste tires or tire-derived product were processed, sold by a retailer or end used. 

10.  Other supporting documentation required by the Department.

11.  An authorized signature. 

C.	Timing of Rebate Applications:

1.  Applications for rebates will be accepted no later than the stated due date on the application and/or Department’s website.

2.  Unless applying pursuant to 10.12.2 (D), applications will only be accepted for activities that occurred in the previous calendar month.  

3.  Applications received after the due date will be denied. 

4.  The Department will not accept adjustments for processed applications from prior calendar months. 

5.  An applicant can only receive a rebate for activities occurring in the current fiscal year. 

6.  The Department will make best efforts to process rebates within thirty (30) days from the due date.

D.	An applicant’s initial application in any state fiscal year (July 1 through June 30) must be for a minimum of ten (10) tons. Notwithstanding section 10.12.2(C)(2) of these Rules, to achieve this ten (10) ton minimum, an applicant can consolidate several calendar months of tonnage to meet this minimum amount.  After submitting an initial application for a minimum of ten (10) tons, an applicant is eligible to apply for any ton amount in subsequent months in that fiscal year. 

E.  The Department may deny a rebate to an applicant who has received funding from the Market Development Fund if paying from both funds will result in double paying for the same activity.  

F.   Applicants must provide weight tickets from a scale that meets the requirements of the Colorado Measurement Standards Act, sections 35-14-101 through 35-14-134, C.R.S. to document weights of waste tires or tire-derived product end used, tire-derived product processed and sold out of state, or tire-derived product sold in a retail sale.  Other verifiable forms of documentation may be acceptable on a case by case basis.  

10.12.3 PROCESSING OF APPLICATIONS 

The Department will review applications according to a four-step process: (1) review for completeness, (2) review for compliance with applicable laws and regulations, (3) review for eligible processes, retail sales and end uses, and (4) determination of a rebate amount. 

A.  Completeness: If an application is not complete or if supporting documentation is insufficient, then the Department will notify the applicant and grant the applicant a five (5) business day grace period to submit the missing information. The Department may defer paying rebates to all applicants until adequate information is received. If the applicant does not submit adequate information in the prescribed time period, then the Department may deny a rebate for that month. 

B.  Compliance:  After the Department has determined all applications submitted in a given month are complete, it will conduct a compliance verification to ensure each applicant is in compliance with all applicable laws and regulations and was in compliance with all applicable laws and regulations during the time period for which they are seeking a rebate.  

C. Eligibility: After compliance verification, the Department determines which applicants are eligible for rebates.  

D. Rebate amount:  The Department will calculate the amount of rebate per section 10.12.5 of these Regulations and notify each applicant of its determination.

10.12.4 APPEALS PROCESS

A.  For approved applications, if an applicant believes the Department has made a calculation error in the response to an approved application, the applicant must notify the Department in writing within five (5) business days of receiving the Department’s response. The notice must contain a copy of the application and the Department’s response, a brief statement describing the believed error, and copies of any documents supporting the statement. The Department will review the notice and attached documents and may further investigate the matter.

1.  If the Department concludes an error has been made and the Department has not yet paid the rebate that month, then the Department will reinstate the application and recalculate the payment before paying any rebates that month.

2.  If the Department concludes an error has been made and the Department has already paid the rebate that month, then the Department will notify the applicant and reimburse the applicant from the next month’s rebate money, as available, according to the following method:  (1) The Department will determine what the applicant should have been paid had the Department not erred;  (2) The Department will pay the applicant that amount from the next month’s money; and (3)  The next month’s money will be reduced accordingly.

3.  If the Department concludes no calculation error was made, then it will notify the applicant that its previous determination was not in error and is final.  This determination is subject to appeal pursuant to section 24-4-106, C.R.S.

B. For denied applications:  If an applicant believes his or her application was wrongly denied, then the applicant must, within five (5) business days of denial, submit the following to the Department:  (1) a copy of the denied application and supporting documents, (2) the denial letter, (3) a statement explaining why the applicant believes the Department erred, and (4) all other information the applicant believes relevant.  

1.  If the Department concludes it erred in denying the application, and the Department has not yet paid the rebate that month, then the Department will reinstate the application and recalculate the payment before paying the rebate that month.

2.  If the Department concludes it erred in denying the application and the Department has already paid the rebate that month, then the Department will notify the applicant and reimburse the applicant from the next month’s money, as available, according to the following method: (1)  The Department will determine what the applicant should have been paid had the Department not erred; (2)  The Department will pay the applicant that amount from the next month’s money; and (3)  The next month’s money will be reduced accordingly.

3.  If the Department concludes no error was made, then it will notify the applicant that its previous determination was not in error and is final.  This determination is subject to appeal pursuant to section 24-4-106, C.R.S.

10.12.5 REBATE AMOUNT 

A. The Department will pay the rebate amount on a per-ton basis.

B. Beginning January 1, 2015, the amount of the rebate is forty dollars ($40) per ton.

C. If the tons approved for the rebate in any one month multiplied by the amount of the rebate in section 10.12.5(B) exceeds the balance of the Fund, then the Department shall reduce the per ton amount of the rebate that month to a rate that will not cause a deficit in the Fund.  

10.12.6 ENFORCEMENT 

A.  A person who applies for a rebate is subject to a review by the Department at any time. Applicants must allow access to all records related to waste tire management activities during normal business hours for the purpose of determining compliance with these rules for five (5) years from the date of receiving a rebate.

B.  If an applicant provides information that constitutes a trade secret, confidential personnel information, or proprietary commercial or financial information, in accord with section 24-72-204(3), C.R.S., then the applicant may request the Department withhold such documents from disclosure in the event the Department receives a request for records in accord with the Colorado Open Records Act, section 24-72-101 et seq. All such documents must be clearly marked with the term “Proprietary Information” on each appropriate page. Records marked as containing trade secret, confidential, personnel, or proprietary information that do not actually contain such information may be released pursuant to an Open Records Act request. 

C.  In addition to any other penalty imposed by law, any applicant who knowingly or intentionally provides false information to the Department when applying for a rebate shall be ineligible to receive any future rebates under these rules. 

D.  The Department may deny the rebate to any person who is out of compliance with any State or Federal environmental laws, rules or regulations. The Department will work with stakeholders to develop guidance for determining what compliance violations merit denial of the rebate.

5) Amend Section 16.1.1 to read as follows: 

SECTION 16
 
MATERIALS PROHIBITED FROM DISPOSAL

16.1 	SCOPE AND APPLICABILITY

16.1.1 Purpose.  These regulations apply to the management and disposal of materials prohibited from land disposal in a solid waste site and facility under authority of CRS Title 30, Article 20, Part 1 and Part 10 and CRS Title 25, Article 17, Part 3. These Section 16 regulations are classified into the following sub-categories:

16.2	 Management of Residentially Generated Used Lead-acid Batteries 

16.3	 Management of Residentially Generated Used Oil 

16.4	 [Reserved]

16.5	 Management of Residentially Generated Waste Electronic Devices.

6) Amend paragraph (A) of Section 16.1.2 to read as follows: 

16.1.2 General Provisions 

(A) 	Land disposal of residentially generated waste electronic devices, used lead-acid batteries and used oil is prohibited. Land disposal includes, but is not limited to, placing, discarding, or otherwise disposing of these wastes: 

******* 

7) Amend paragraph (A) of Section 16.1.3 to read as follows: 

16.1.3	 Due Diligence Exemption 

(A) 	Individuals 
Individuals residing in areas without recycling facilities or collection facilities are given the opportunity to demonstrate a lack of reasonable recycling options. In order to exercise this option, the individual must conduct due diligence to establish that reasonable options are not available. A finding of due diligence shall be based, at a minimum, on an individual’s inquiry into local recycling options accomplished by querying the local telephone directory and contacting the county or municipality of residence regarding the availability of local recycling facilities, collection centers, or collection events. In the event that due diligence is exercised and no reasonable recycling option is identified, an individual may dispose of used lead-acid batteries and/or used oil in a solid waste disposal site and facility or transfer station. The individual must contact the intended recipient solid waste disposal site and facility or transfer station to make sure that the facility will accept the used lead-acid batteries and/or used oil. Nothing in this Section precludes any solid waste disposal site and facility or transfer station from refusing to accept these items on a site-specific basis. 

*******

8) Delete and reserve Section 16.4 to read as follows: 

16.4 	[RESERVED]	

9) Amend Section 16.6 to read as follows: 

16.6 Waste Characterization Plans 

Each solid waste site and disposal facility shall amend its waste characterization plan to include waste acceptance procedures designed to minimize the disposal of residentially generated waste electronic devices, used lead-acid batteries and used oil. Such procedures shall be implemented no later than July 1, 2013. Solid waste sites and disposal facilities shall include these waste screening procedures in the waste characterization and disposal plan required by Section 2.1.2(C). The prohibition on disposal of these waste types shall be incorporated into employee training required by Section 2.1.2(B)(3). Any solid waste disposal site and facility in substantial compliance with its waste characterization plan developed pursuant to section 30-20-110 (1) (g), and Section 2.1.2 of the Regulations, shall be deemed to be in compliance with this Section, so long as such waste characterization plan contains waste acceptance procedures to minimize the disposal of waste electronic devices, lead-acid batteries and used oil consistent with the requirements of this Section.