DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission
Hazardous Materials and Waste Management Division (HMWMD)
6 CCR 1007-2

Statement of Basis and Purpose
 and Specific Statutory Authority for
Amendment of Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2 Part 1) – Correction of Typographical Errors and Outdated References

(Adopted by the Solid and Hazardous Waste Commission on November 20, 2018)
Basis and Purpose
These amendments to 6 CCR 1007-2, Part 1 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Sections 25-15-302(4.5) and 30-20-109, C.R.S.
Discussion of Regulatory Proposal
These amendments correct typographical errors and outdated references that exist in the Colorado Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2).  The amendments being adopted at this time include the following:
1) Revision of the definition of “Ground water protection standard” in Section 1.2 of the Regulations. The reference to “5 CCR 1002-8” is being replaced with a reference to the current location of the Water Quality Control Commission regulations at “5 CCR 1002”.  The Water Quality Control Commission regulations previously found at 5 CCR 1002-8 (Surface Water/Classification and Numeric Standards for River Basins/Ground Water) were divided into 5 CCR 1002-31 through 1002-42 when separate classifications and numeric standards were adapted for the various river basins in Colorado.  
2) Revision of Section 1.9.2 (Enforcement) and Section 1.9.4 (Judicial Enforcement Actions) . Paragraph (F) of Section 1.9.2 and Paragraph (B) of Section 1.9.4 are being amended to reflect the maximum penalty amount that may be assessed for violation of Colorado solid waste disposal requirements, in accordance with Section 30-20-113(5) of the Colorado Solid Wastes Disposal Sites and Facilities Act.  The penalty amount was increased from $2,000 to $10,000 by HB09-1056.  Paragraph (F) of Section 1.9.2 is also being amended to clarify that Section 30-20-113(5) authorizes a compliance order issued by the Division to include an administrative or civil penalty.
3) Revision of Section 5.5.7. Paragraph (E)(2)(e)(ii) of Section 5.5.7 is being amended to replace the incorrect reference to section “5.5.7(E)(2)” with the correct reference to “5.5.7(E)(3)” regarding the requirement for “downwind floating samples”. 
4) Revision of Section 7.2.2. Paragraph (B)(4) is being amended by replacing “allowing” with “”allowed”. 
5)  Revision of Section 9.3.5. Paragraphs (H) and (I) in Section 9.3.5 are being renumbered as paragraphs (F) and (G).