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 to Section 16.4.2

(Adopted by the Solid and Hazardous Waste Commission on November 19, 2013)

Basis and Purpose
The Hazardous Materials and Waste Management Division (HMWMD) has prepared amendments to Section 16.4.2 of the Regulations Pertaining to Solid Waste Sites and Facilities (“the Regulations”).  This amendment to 6 CCR 1007-2, Section 16.4.2 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Sections 25-15-302 and 30-20-109, C.R.S.  The purpose of this amendment to Section 16.4.2 is to align the regulatory language with Senate Bill 09-289, which modified the language related to tire retailers so that they may not refuse to accept from customers, at the point of transfer, waste tires of the same general type and number.
Amendment of Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2 Part 1) – Section 16.4.2
Background
Senate Bill 09-289 amended Section C.R.S. 30-20-1007 as follows:

A retailer selling replacement tires in the state may not refuse to accept from
customers, at the point of transfer, waste tires of the same general type and
in a quantity at least equal to the number of new tires purchased. if offered by customers.

Subsequent regulatory modifications resulted in the following language:

A retailer selling replacement tires in the State may accept from customers, at the point of transfer, waste tires of the same general type and in a quantity at least equal to the number of new tires purchased, if offered by customers.

A recent review by the Legislative Legal Services (LLS) noted a discrepancy between the statutory language and the regulations.  LLS subsequently indicated that the regulations needed to be modified to align with the specific statutory language.

Amendment to Section 16.4.2
The Division is therefore proposing to make the following change to the first sentence of Section 16.4.2:
A retailer selling replacement tires in the State may not refuse to accept from customers, at the point of transfer, waste tires of the same general type and in a quantity at least equal to the number of new tires purchased, if offered by customers.
The regulatory change was directed by LLS and conforms to the specific language of the statute.  Therefore, no stakeholder process was convened for this regulatory change. 
Similarly, no alternatives were considered because the regulation was modified to conform to the specific statutory language.