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

Amendment of Section 8.5.4 (Facility Registration) and Section 8.5.5 (General Site Requirements) for Industrial Recycling Operations

1) Section 8.5.4 (Facility Registration) is amended to read as follows:
SECTION 8 
RECYCLING & BENEFICIAL USE
8.5 INDUSTRIAL RECYCLING OPERATIONS
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8.5.4 Facility Registration

Prior to receiving recyclable materials, the owner/operator of  an industrial recycling operation must submit, for Department review and approval,  an Industrial Material Recycling Facility Initial Registration Form. The registration must provide the following information:
 
(A)	The name, physical and mailing address of the facility, including a business and corporate name as necessary;

(B)	The name,  address and other contact information of the facility owner and operator;

(C)	The name, address and other contact information of the property owner; 

(D)	The emergency contact for a 24-hour contact; 

(E)	Types of recyclable material collected; and

(F)	Either an Industrial Recycling Facility Operations Plan or Industrial Recycling Facility Design and Operations Plan as specified in Section 8.5.5.

2) Section 8.5.5 (General Site Requirements) is amended to read as follows:
SECTION 8 
RECYCLING & BENEFICIAL USE
8.5 INDUSTRIAL RECYCLING OPERATIONS
********  

8.5.5 General Site Requirements

(A)	All industrial recycling operations  must submit to the Department, for review and approval, either an Industrial Recycling Facility Operations Plan or an Industrial Recycling Facility Design and Operations Plan detailing how the facility will operate in accordance with § 30-20-102(5), C.R.S., prior to the importation of recyclable materials.  

(B)	All industrial recycling operations that process liquid or leachable recyclable materials  must submit an Industrial Recycling Facility Design and Operations Plan to document the operations will not contaminate ground water. 

(C)	All other industrial recycling operations that do not fall within Paragraph (B) of this Section 8.5.5 must submit an Industrial Recycling Facility Operations Plan.  The operations plan must include the following information:

(1)		A physical description of the facility and the types of recyclable materials managed; 

(2)		Methods to prevent unauthorized vehicle traffic and illegal dumping by adequate fencing or other security means;

(3)		Procedures for preventing receipt of unauthorized waste and procedures for safely managing and properly disposing of unauthorized waste;

(4)	 An initial accumulation plan that includes a time frame for the initial accumulation of recyclable materials and the maximum volume and weight of the recyclable materials to be received during the initial accumulation period; and

(5)		A closure plan including a plan for the disposition of collected materials on-site at the time of closure.

(D)	Following the Department-approved accumulation period, the weight or volume of recyclable materials that are recycled must be at least 75% of the total weight or volume (determined using a consistent measure) of recyclable materials received and currently in storage over a 3-year rolling average. 

(E)	Industrial recycling operations must operate in accordance with their Department-approved Industrial Recycling Facility Operations Plan or Industrial Recycling Facility Design and Operations Plan.
 
(F)	Upon filing a written justification to the Department, a recycling facility may implement a commodity and site-specific variance to the accumulation period and/or recycling rate, and/or material specific variance to the accumulation period and/or recycling rate. The Department reserves the right to deny such a submittal based on the grounds of the facility operating in a manner that is producing, or could lead to nuisance conditions.