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

Amendments to Waste Tire Regulations

(Adopted by the Solid and Hazardous Waste Commission on February 18, 2020)

1) Revise the definition of “Three year rolling average” in Section 1.2 Definitions to read as follows:

SECTION 1.0	ADMINISTRATIVE INFORMATION

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1.2	DEFINITIONS
	
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	“Three year rolling average” means for an existing recycling facility or waste tire processor an arithmetical average of the quantity (by weight or volume) of recyclable materials recycled at the facility during the previous three calendar years. This average shall be at least 75% by weight or volume (determined using a consistent measure) of the total amount of recyclable materials accumulated and currently in storage over a 3-year rolling average.  

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2) Revise paragraph (C) in Section 10.3.2 (Registration for Waste Tire Haulers) to read as follows:

SECTION 10.3 - STANDARDS FOR WASTE TIRE HAULERS

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10.3.2  REGISTRATION FOR WASTE TIRE HAULERS

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(C)(1) The Department will issue a Certificate of Registration and corresponding decal(s) to a new applicant if the applicant has submitted an application to the Department containing all information required in section 10.3.2(B).

(2) The Department will issue a Certificate of Registration and corresponding decal(s) to a Waste Tire Hauler who is registered with the Department at the time of applying, if the applicant has submitted a timely application to the Department containing all information required in section 10.3.2(B) and has submitted an annual report containing all of the information required by section 10.3.5. 

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3) Revise paragraphs (A)(3)(d), (e) and (f)  in Section 10.5.8 (Waste Tire Monofill Facility Engineering Design and Operations Plan) to read as follows:

10.5 - STANDARDS FOR WASTE TIRE MONOFILLS

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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:

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

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(d)  Is approved by the local fire department/local fire jurisdiction or in areas where no local fire code exists, 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; and

(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) Revise paragraph (B) in Section 10.6.3 (Waste Tire Processors Registration Requirements) to read as follows:

10.6 - STANDARDS FOR WASTE TIRE PROCESSORS

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10.6.3  WASTE TIRE PROCESSORS REGISTRATION REQUIREMENTS

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(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.  

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5) Revise paragraph (A)(3)(d) in Section 10.6.9 (Waste Tire Processor Engineering Design and Operations Plan) to read as follows:

10.6 - STANDARDS FOR WASTE TIRE PROCESSORS

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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:

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

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(d)  Is approved by the local fire department/local fire jurisdiction or in areas where no local fire code exists, by the Colorado Division of Fire Prevention and Control in the Department of Public Safety; and

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6) Revise paragraph (A)(3)(d) in Section 10.8.9 (Waste Tire Collection Facility Engineering Design and Operations Plan) to read as follows:

10.8 - STANDARDS FOR WASTE TIRE COLLECTION FACILITIES

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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:

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

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(d)  Is approved by the local fire department/local fire jurisdiction or in areas where no local fire code exists, by the Colorado Division of Fire Prevention and Control in the Department of Public Safety; and 

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7) Add paragraph (D) to Section 10.12.5 (Rebate Amount) to read as follows:

10.12  WASTE TIRE END USERS FUND

10.12.5  REBATE AMOUNT 

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(D) Twenty-five percent of the expected annual rebate amount will be held in reserve before paying the first quarterly rebate.