Colorado § 30-20-102 - Unlawful to operate site and facility without certificate of designation - rules - exceptions.

§ 30-20-102. Unlawful to operate site and facility without certificate of designation - rules - exceptions.

(1) Except as otherwise specified in this section, a person who owns or operates a solid wastes disposal site and facility shall first obtain a certificate of designation from the governing body having jurisdiction over the area in which such site and facility is located.

(2) Except as otherwise specified in this section, solid wastes disposal by any person is prohibited except on or at a solid wastes disposal site and facility for which a certificate of designation has been obtained as provided in section 30-20-105.

(3) A person other than a governmental unit may dispose of the person's own solid wastes on the person's own property, as long as such solid wastes disposal site and facility complies with the rules of the solid and hazardous waste commission and does not constitute a public nuisance. For the purposes of this part 1, such solid wastes disposal site and facility shall be an approved site for which obtaining a certificate of designation under section 30-20-105 is unnecessary. This subsection (3) does not preclude any person from applying for a certificate of designation for the disposal of the person's own solid wastes on the person's own property.

(4) A person who is engaged in mining operations pursuant to a permit issued by the mined land reclamation board or office of mined land reclamation that contains an approved plan of reclamation may dispose of solid wastes generated by such operations within the permitted area for such operations. For the purposes of this part 1, such solid wastes disposal site and facility is an approved site for which obtaining a certificate of designation under section 30-20-105 is unnecessary.

(5) Any site and facility operated for the purpose of processing, reclaiming, or recycling recyclable materials shall not be considered a solid wastes disposal site and facility and shall not require a certificate of designation as a solid wastes disposal site and facility; except that, after an initial accumulation period specified by rule, such a site or facility shall maintain documentation that proves recyclable materials are being recycled at the site at a rate that approximately equals the rate at which recyclable materials are being collected. The solid and hazardous waste commission shall promulgate rules to specify what time periods and volumes of recyclable materials constitute operations that qualify for this exemption and to define what materials shall be deemed to be recyclable materials for the purposes of this subsection (5); except that such rules shall not define the term "recyclable materials" to include materials that are likely to contaminate groundwater or create off-site odors as a result of processing, reclaiming, recycling, or storage prior to recycling. This subsection (5) does not apply to activities regulated under section 25-8-205 (1)(e), C.R.S.

(6) The final use for beneficial purposes, including fertilizer, soil conditioner, fuel, and livestock feed, of biosolids that have been processed and certified or designated as meeting all applicable rules of the solid and hazardous waste commission and the department of agriculture does not require a certificate of designation for such final use. In addition, the use of manure as a fertilizer or soil conditioner or the composting on the site of generation of manure with other compatible materials necessary for effective composting as part of a standard agricultural practice does not require a certificate of designation.

(7) A transfer station shall not be deemed to be a solid wastes disposal site and facility and shall not require a certificate of designation as a solid wastes disposal site and facility. The department shall promulgate regulations establishing health and safety standards for the operation of transfer stations.

(7.5) (a) On or after August 8, 2012, a governing body having jurisdiction shall not require a certificate of designation for waste impoundments or other solid wastes disposal operations of drinking water treatment residuals generated on-site at a drinking water treatment facility. A certificate of designation for waste impoundments or other solid wastes disposal operations of drinking water treatment residuals generated on-site at a drinking water treatment facility issued before August 8, 2012, is voidable at the option of the facility.

(b) A drinking water treatment facility that does not require a certificate of designation pursuant to paragraph (a) of this subsection (7.5) shall comply with the rules of the solid and hazardous waste commission for waste impoundments and solid wastes disposal.

(c) Nothing in paragraph (a) or (b) of this subsection (7.5) limits the application of other local government land use regulations to waste impoundments or solid wastes disposal operations at a drinking water treatment facility.

(8) The solid and hazardous waste commission, by rule, may specify types of composting facilities, by size, volume, or other suitable criteria that provide equivalent protection of public health and the environment that would not be required to obtain a certificate of designation.

Source: L. 67: p. 759, § 2. C.R.S. 1963: § 36-23-2. L. 71: p. 341, § 3. L. 76: (3) added, p. 694, § 1, effective April 19. L. 77: (1) amended, p. 286, §§ 56, 57, effective July 1. L. 79: (1.5) added, p. 1148, § 1, effective July 1. L. 81: Entire section amended, p. 1358, § 2, effective July 1. L. 83: (2) amended, p. 1239, § 2, effective July 1. L. 89: (5) amended, p. 1282, § 1, effective July 1. L. 91: (1) and (2) amended, p. 965, § 3, effective June 5. L. 92: (1) amended, p. 2177, § 37, effective June 2; (4) amended, p. 1971, § 77, effective July 1; (5) amended and (7) added, p. 1275, § 2, effective July 1. L. 94: (3) and (6) amended, p. 32, § 2, effective March 9. L. 98: (5) and (6) amended and (8) added, p. 881, § 6, effective July 1. L. 2006: (3), (5), (6), and (8) amended, p. 1133, § 15, effective July 1. L. 2012: (1), (2), (3), (4), and (6) amended and (7.5) added, (HB 12-1078), ch. 48, p. 177, § 1, effective August 8.

Editor's note: (1) Subsection (7) was originally numbered as (6) in Senate Bill 92-130 but has been renumbered on revision for ease of location.

(2) Section 2 of chapter 48, Session Laws of Colorado 2012, provides that the act amending subsections (1), (2), (3), (4), and (6) and adding (7.5) applies to solid wastes impounded or disposed of before, on, or after August 8, 2012.

ANNOTATION

Private parties who are adversely affected or aggrieved have standing to seek judicial review of the department's action. Nat'l Wildlife Fed'n v. Cotter Corp., 665 P.2d 598 (Colo. 1983).