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 1.7.4

Basis and Purpose
The Hazardous Materials and Waste Management Division (HMWMD) has prepared an amendment to Section 1.7.4 of the Regulations Pertaining to Solid Waste Sites and Facilities (“the Regulations”).  This  amendment to 6 CCR 1007-2, Section 1.7.4 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 1.7.4 is to eliminate administrative and rulemaking processes that are not required by Senate Bill 13-050, which increased the Recycling Resources Economic Opportunity funding annually from 2014 through 2016.
Amendment of Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2 Part 1) – Section 1.7.4
Background
In 2013, the legislature passed Senate Bill 13-050 changing the Recycling Resources Economic Opportunity (RREO) user fee.  The bill provided an annual incremental increase of the RREO user fee from 2014 through 2016.  The RREO user fee is collected as part of the Solid Waste User Fee (SWUF).  The SWUF is volume based and funds four elements including: 1) the Solid Waste Program, 2) the Hazardous Substance Response Fund, 3) the Department of Law, and 4) the RREO program .  The Solid and Hazardous Waste Commission is authorized, with limitations, to set the fund amounts for the first three components of the SWUF.  The Colorado state legislature establishes the RREO user fee amount.  
Section 1.7.4 of the Regulations includes a table depicting the SWUF breakdown with a disclaimer that the fee amount does “not include the $0.07/ yd3 RREO fee…”  The proposed amendment deletes the reference to the actual RREO user fee amount because: 1) the fee amount will change annually based on C.R.S. 25-16-104.5 et. seq.,  2) the RREO user fee amount is set by the legislature, and 3) the statute does not require the RREO user fee amount to be included in the Regulations.  No stakeholder process was convened for this regulatory change because this is a conforming change with C.R.S. 25-16-104.5 et. seq. 

Amendment to the Solid Waste User Fee
The Division is proposing to delete the depicted RREO amount in Section 1.7.4 of the Solid Waste Regulations because the RREO user fee is not required by statute to be included in the Regulations, and removing the RREO user fee listing will ease the administrative burden of annually updating the regulations to identify the statutory fee increase.