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

Addition of Section 1.7.7 Regulations (Paint Stewardship Program Fees) and the Associated Additions to Section 1.2 Definitions 

(Adopted by the Solid and Hazardous Waste Commission on May 19, 2015)

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

1.2 Definitions

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“Architectural paint” means an interior or exterior architectural coating sold in a container of five gallons or less. 

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“Paint producer” means an original producer of architectural paint that sells, offers for sale, or distributes architectural paint within or into Colorado under either the producer’s own name or a brand that the producer manufactures. 

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“Paint stewardship organization” means a corporation, nonprofit organization, or other legal entity created or contracted by one or more producers to implement a paint stewardship program. 

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“Paint stewardship program” means a program created in accordance with Section 25-17-405 C.R.S. 

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2) Add Section 1.7.7 (Paint Stewardship Program Fees) to read as follows: 

1.7.7 Paint Stewardship Program Fees 

(A)	Authorization: The Department is authorized per Section 25-17-404 (4), C.R.S. and Section 25-17-408, C.R.S. as amended, to collect fees for oversight of the paint stewardship program.

(B)	Applicability: A paint stewardship organization or one or more paint producers as defined in Section 1.2 of the regulations shall pay to the Department an annual fee of $120,000 on or before July 1, 2015 and annually on or before July 1 of each calendar year thereafter for the paint stewardship program plan fee, revised plan fee and paint stewardship annual report fee. 

1.	From within the paint stewardship program plan fee, revised plan fee; and paint stewardship annual report fee total, $9,108 or as much as necessary will be appropriated to the Department of Law for the purchase of legal services. 

2.	The annual fee shall be prorated if there is more than one paint stewardship organizations or paint producers by the number of approved plans.