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

Correction of Typographical Errors and Outdated References

(Adopted by the Solid and Hazardous Waste Commission on November 20, 2018)

1) Section 1.2 (Definitions) is being amended by revising the definition of “Ground water protection standard” to read as follows:

Section 1 

Administrative Information

1.2	DEFINITIONS

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“Ground water protection standard” means those standards established by following 40 CFR 258.55(H) and (I) methodology or standards established by this Department (5 CCR 1002, effective as of November 20, 2018).  The references incorporated herein are in accordance with Section 1.1.2 of these Regulations.

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2) Revise paragraph (F) of Section 1.9.2 (Enforcement) to read as follows:

1.9	INSPECTIONS - ENFORCEMENT - CIVIL PENALTY

1.9.2	Enforcement.   *******

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(F)  In accordance with Section 30-20-113(5)(b), C.R.S. of the Act, the Department may settle claims for administrative or civil penalties of up to $10,000 per violation per day through settlement agreements or compliance orders on consent. Such a settlement may include, but is not limited to, payment or contribution of the penalty amount to state or local agencies or for other environmentally beneficial purposes.  Penalties collected by the Department shall be paid to the state treasurer.

3) Revise paragraph (B) of Section 1.9.4 (Judicial Enforcement Actions) to read as follows:

1.9	INSPECTIONS - ENFORCEMENT - CIVIL PENALTY

1.9.4	Judicial Enforcement Actions

(A) The Department may, at any time that the Department finds that the respondent is or has been in violation of the Act, commence a civil action for injunctive relief, in accordance with section 30-20-113(2) C.R.S. in the district court of the judicial district in which the violation occurs. 

(1) The Department may file a civil action for injunctive relief in addition to, or as an alternative to, the issuance of a Compliance Order.

(B)  In accordance with the Act, the Department may seek a civil penalty for each violation of the Act in the district court of the judicial district in which the violation occurs.  The district court may impose a civil penalty of no more than $10,000 per violation per day.

4) Revise paragraph (E)(2)(e)(ii) of Section 5.5.7 (Standard Requirements for the Disturbance of RACS) to read as follows:

SECTION 5

ASBESTOS WASTE MANAGEMENT

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5.5	MANAGEMENT OF REGULATED ASBESTOS-CONTAMINATED SOIL (RACS):

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5.5.7	 STANDARD REQUIREMENTS FOR THE DISTURBANCE OF RACS

(E)	AIR MONITORING

(2) *******

(e)	TEM presence/absence analysis is required (analysis providing fiber counts/concentrations is always optional) as described in paragraphs (i) through (iv) below.  The laboratory shall be requested to provide verbal results by the start of the next working day, or as soon as possible after the start of the next working day, with written results within 24 hours of the receipt of verbal results.

i.   *******
ii.	During the first five (5) days of RACS disturbance – A minimum of 25% of the samples collected from each RWA, inclusive of the downwind floating samples as described in 5.5.7(E)(3), shall be submitted for TEM analysis.  The sample(s) selected for TEM analysis shall have the highest PCM result(s) based on fiber concentration.  If all PCM results are Below Detectable Limit (BDL) for fiber concentration, then the sample(s) selected for TEM analysis shall be determined by highest fiber count.  If all samples have no fiber counts (i.e. zero (0) fibers counted, not a “below detection limit” fiber concentration) then no TEM analysis is required.
iii.	*******  

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5) Revise paragraph (B)(4) of Section 7.2.2 (Design criteria) to read as follows:

SECTION 7

REGULATIONS FOR TRANSFER STATIONS

7.2	OPERATING PLAN CRITERIA

7.2.2  Design criteria

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(B)  On‑site roads

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(4)  Where public dumping is allowed, separate access for passenger vehicles shall be provided.

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6) Renumber paragraphs (H) and (I) of Section 9.3.5 (Recordkeeping and Reporting Requirements) as paragraphs (F) and (G) to read as follows:

SECTION 9

WASTE IMPOUNDMENTS

9.3 REQUIREMENTS FOR TYPE B WASTE IMPOUNDMENTS

9.3.5 RECORDKEEPING AND REPORTING REQUIREMENTS

(E)	Routine Monitoring:  ******* 

(F)	 Inspections:  Records shall be maintained by all facilities with Type B waste impoundments that fully document all inspections, fluid level measurements, damage, repairs and repair verifications to impoundments, the liner systems or ancillary equipment.  

(G)	Reporting Requirements:  

For facilities receiving third party wastes, waste characterization results indicating excursions from the facility’s approved plans, such as inadvertent receipt of unapproved wastes, shall trigger notification in writing to the Department within seven (7) calendar days after receipt of such results by the owner or operator.  

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