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

Repeal of Section 18 Waste Grease Regulations and Associated Amendments
(Adopted by the Solid and Hazardous Waste Commission on November 17, 2020)

1)  Amend Section 1.2 by deleting the following definitions: 

1.2	DEFINITIONS

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“Collect” as used in Sections 18 of these Regulations means to gather or acquire waste grease from sources of waste grease; except that “collect” does not include moving waste grease from one area or container to another area or container on the same premises.

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“Manifest” as used in Section 18 of these Regulations means the document for identifying the quantity, composition, origin, routing, and destination of waste grease during its transportation from the point of generation to the point of storage, treatment, or disposal.

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“Personal use of waste grease as biofuel” means that the person collecting or transporting the waste grease intends to use the waste grease as biofuel.

“Personal use of waste grease other than for use as biofuel” means that the person collecting or transporting the waste grease intends to use the waste grease for some other purpose than biofuel.

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“Process” means any physical, chemical, or biological treatment that is performed to make the waste grease more available for recycling or reuse, reduced for volume or toxicity, or produces a final residual material that is suitable for disposal.  “Process” does not include the filtering of waste grease where such filtering takes place in an enclosed grease trap fitter with mechanisms for such filtering. 

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“Registrant” as used in Section 18 of these Regulations means a person registered under Section 18.

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“Source of waste grease” means the location at which waste grease was initially generated. 

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“Store” as used in Section 18 of these Regulations means to possess, impound, contain, or control waste grease; except that “store” does not apply to the temporary retention of waste grease on the premises where the waste grease was initially generated.

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“Transport” as used in Section 18 of these Regulations means to use a vehicle to haul, ship, carry, convey, or transfer waste grease from one place to another.  “Transport” does not include moving waste generated on site into another on-site container, whether indoors or outdoors.

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“Trap grease” means the residual yellow grease, waste water, debris principally derived from food preparation or processing, or other waste that is intercepted by and contained in grease traps or grease interceptors.

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“Waste grease” means trap grease in a quantity in excess of 25 gallons.

“Waste grease facility” as used in Section 18 of these Regulations means any real property location used for the collection, transportation, storage, processing, or disposal of waste grease, including, without limitation, a processing plant, transfer station, or trans-shipment location.  “Facility” does not include a domestic wastewater treatment works as defined in section 25-8-103, C.R.S., that processes waste grease as part of its operations that are regulated by the Department pursuant to Article 8 of Title 25, C.R.S.  Facility does not include the real property of a personal user of waste grease.

“Waste grease generator” means a person who initially generates waste grease.

“Waste grease transporter” means a person who transports waste grease.

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“Yellow grease” means used cooking oil, spent shortenings, or other inedible kitchen grease or waste vegetable oil produced by restaurant and food facilities.

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2) Amend the introductory paragraph of Section 1.5.2 to read as follows:
 
1.5 WAIVER PROCESSES AND PROCEDURES

1.5.1	******* 

1.5.2	Based upon written specific waiver documentation, in their consideration of an application, and in the exercise of their regulatory authority to assure compliance with these regulations, the Department after consultation with the governing body having jurisdiction may waive compliance with standards in Sections 2 through 17 provided that the application satisfies criteria (A) and (B) and (C) and (D) below:

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1.5.3	*******   

3) Delete and reserve Section 1.7.5 to read as follows:

1.7.5   Reserved

4) Amend Section 4.1.2 by deleting and reserving paragraph (K) to read as follows:

SECTION 4.0	FINANCIAL ASSURANCE REQUIREMENTS

4.1	General Provisions

4.1.1	Purpose:  ******* 

4.1.2	Scope and Applicability:  This Section 4 applies to any person owning or operating a solid waste disposal site and facility.  This includes all locations and facilities at which the deposit and final treatment of solid wastes occur, and includes the following facility types: 

(A) Landfills (Sections 2 and 3 of these regulations)
(B) Asbestos Waste Disposal Areas (Section 5 of these regulations)
(C) Incinerator Ash Disposal Sites (Section 6 of these regulations)
(D) Solid Waste Surface Impoundments (Section 9 of these regulations)
(E) Waste Tire Monofills, Waste Tire Processors, and Waste Tire Collection Facilities (Section 10 of these regulations)
(F) Solid Waste Incineration Facilities (Section 11 of these regulations)
(G) Water Treatment Plant Sludge Disposal Facilities (Section 12 of these regulations
(H) Medical Waste Facilities (Section 13 of these regulations)
(I)  Composting Facilities (Section 14 of these regulations), and
(J) Commercial Exploration and Production Waste Impoundments (Section 17 of these regulations)
(K) Reserved

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5) Amend Section 8.1.4 by deleting and reserving paragraph (C) to read as follows:

8.1.4 Exemptions
	
This section 8 does not apply to the following:

(A)	Biosolids and activities regulated under section 25-8-205(1)(e), C.R.S;

(B)	Composting facilities that are regulated under Section 14 of these regulations, unless recycling operations are conducted at that facility;

(C)	Reserved. 

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6) Repeal Section 18 Regulations (Waste Grease Transporter, Facilities, and Personal Users of Waste Grease) in its entirety, and reserve Section 18 to read as follows:

SECTION 18 – RESERVED