Colorado § 30-20-101.5 - Additional powers of the department - legislative declaration.

§ 30-20-101.5. Additional powers of the department - legislative declaration.

(1) The general assembly hereby finds and declares that a solid waste management program shall be created in and administered by the department and shall be implemented to protect human health and the environment in a manner that:

(a) Promotes a community ethic to reduce or eliminate waste problems;

(b) Is credible and accountable to the industry and the public;

(c) Is innovative and cost effective; and

(d) Protects the environmental quality of life for affected residents as required by the requirements of this part 1 and any rules promulgated in connection therewith.

(2) The department shall develop, implement, and continuously improve as necessary policies and procedures for carrying out its statutory responsibilities at the lowest possible cost while satisfying the legislative intent expressed in subsection (1) of this section. At a minimum, the policies and procedures shall, to the extent practicable, include the establishment of the following:

(a) Cost-effective level-of-effort guidelines for reviewing submittals, including without limitation permit applications and design and operation plans to assure conformity with regulatory requirements, taking into consideration the degree of risk addressed and the complexity of the issues raised;

(b) Cost-effective level-of-effort guidelines for performing inspections that focus on major violations of regulatory requirements that pose an immediate and significant threat to human health and the environment;

(c) Cost-effective level-of-effort guidelines for enforcement activity;

(d) Schedules for the timely completion of department activities including without limitation submittal reviews, inspections, and inspection reports;

(e) A prioritization methodology for completing activities that focuses on actual risk to human health and the environment;

(f) A preference for compliance assistance with at least ten percent of the annual budget amount of the program being allocated to compliance assistance efforts;

(g) A preference for alternative dispute resolution mechanisms to timely resolve disputed issues; and

(h) A mechanism that continuously assesses and provides incentives for further improvements and policies and procedures of the department.

(3) Notwithstanding section 24-1-136 (11)(a)(I), on or before February 1, 2008, and not later than February 1 of each year thereafter, the department shall submit a report to the standing committee of reference in each house of the general assembly exercising jurisdiction over matters concerning public health and the environment that describes the status of the solid waste management program, the department's efforts to satisfy its statutory responsibilities at the lowest possible cost while meeting the legislative intent specified in subsection (1) of this section, and the department's implementation of the authority to accept environmental covenants created pursuant to section 25-15-321.

Source: L. 2007: Entire section added, p. 1142, § 9, effective July 1. L. 2017: (3) amended, (SB 17-056), ch. 33, p. 96, § 14, effective March 16.

Cross references: For the short title "Recycling Resources Economic Opportunity Act" and legislative declaration contained in the 2007 act enacting this section, see sections 1 and 2 of chapter 278, Session Laws of Colorado 2007.