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Home My WebLink About861370.tiff RESOLUTION RE: APPROVE TRANSFER OF OPERATOR OF SOLID WASTE SITE CERTIFICATE OF DESIGNATION FOR GREELEY-MILLIKEN LANDFILL SITE FROM COLORADO LANDFILL, INC. TO WASTE SERVICES, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Colorado Landfill, Inc. is the current holder of a Certificate of Designation which was issued by the Board of County Commissioners , and WHEREAS, Colorado Landfill, Inc. desires to transfer the operator ownership to Waste Services , Inc. for the Greeley-Milliken Landfill site, and WHEREAS , on the 7th day of May, 1986 , a public hearing was held in the Chambers of the Board for the purpose of considering the request for transfer of the Solid Waste Site Certificate of Designation, for the Greeley-Milliken landfill site , from Colorado Landfill , Inc. to Waste Services , Inc. , and WHEREAS, said solid waste disposal site is located in part of the Sigh, Section 32 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , the State Department of Health, Solid Waste Division, has approved the Transfer of Operator to Waste Services , Inc. , and WHEREAS , it appears from testimony before the Board that the new operator will have the ability to meet the requirements of the Certificate of Designation and the Solid Waste Disposal Sites and Facilities Act and the regulations promulgated thereunder, and WHEREAS, pursuant to Section 30-20-104 , CRS , the Board, after hearing the testimony, deems it advisable to approve said transfer of the Certificate of Designation to Waste Services , Inc. as the operator of said solid waste disposal site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for transfer of operator for the Certificate of Designation of a Solid Waste Site for the Greeley-Milliken Landfill Site from Colorado Landfill, Inc. to Waste Services, Inc. be, and hereby is, approved. 861370 /� ! , /. 2/) / AZ( Page 2 RE: TRANSFER CERTIFICATE OF DESIGNATION - WASTE SERVICES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of May, A.D. , 1986. /� wnat�. BOARD OF COUNTY COMMISSIONERS ATTEST: 1LnA4::ita. c;d WELD COUNTY, COLORADO Weld County Jerk and Recorder • _ v and Clerk to the Board J-cque`► he J• n •o Chairman B3;:, flyjz yX c e Go 1�n a yt; o-Tem De uty County Cl rk APPROVED AS TO FORM: eneeR/. Brantner C.W. Kir� � ' A ! i /1, County Attorney �� Frank YaljOe:Irtri 861370 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : MAY 7, 1986 DOCKET # 85-65 SHOW CAUSE, SUP #413 - PAUL & PEGGY PAGE DOCKET # 86-14 USR, OIL & GAS FACILITIES IN R-1 ZONE DISTRICT - ELK EXPLORATION; INC. DOCKET # 86-30 TRANSFER CERTIFICATION OF DESIGNATION - WASTE SERVICES, INC. DOCKET #86-23 AMEND USR, DOG KENNEL - LEWIS & BARBARA CORNELL PLEASE write or print legibly your name , address and the DOC 4 (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING y tk c> ,:.ems 142n . o �� V-6 — 3 CS ca 3 avmto <i . JA-0,1,5 33-11 2-3,i7 4,, C0,9-7 • 961370 HEARING CERTIFICATION DOCKET NO. 86-30 RE: TRANSFER OF OPERATOR OF SOLID WASTE SITE CERTIFICATE OF DESIGNATION NO. 21 (GREELEY-MILLIKEN LANDFILL SITE) FOR COLORADO LANDFILL, INC. TO WASTE SERVICES, INC. A public hearing was conducted on May 7, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro—Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Health Department representative, Wes Potter The following business was transacted: I hereby certify that pursuant to a notice dated April 16, 1986, and duly published April 24, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the transfer of the operator of Solid Waste Site Certificate of Designation No. 21 (Greeley-Milliken landfill site) for Colorado Landfill, Inc. to Waste Services, Inc. Lee Morrison, Assistant County Attorney, made this matter of record and reviewed the provisions of the Solid Waste Disposal Site and Facilities Act applicable to this situation. He said the change of operator may be approved so long as the operation plan remains constant and the operation meets the minimum standards, which he read into the record. Wes Potter, Health Department representative, stated that it is his opinion that no changes are proposed to be made and a recent inspection showed the facility to be in good order. Mr. Potter recommended approval of the request. Vern Nelson, Engineer, came forward to represent Waste Services, Inc. No public comment was offered concerning this request. Commissioner Lacy moved to approve the Transfer of Operator as requested. The motion was seconded by Commissioner Brantner and carried unanimously. This Certification was approved on the 7th day of May, 1986. ./y,.,�", APPROVED:BOARD OF COUNTY COMMISSIONERS ATTEST Q1- � '-P ''" WELD COUNTY, COLORADO r' Weld County Clerk and Recorder and Clerk to the Boa \3cauel J•.- s.n Qhairman • di �•r�, De uty County Clerk `J. Lacy, em Gene R. Brantner TAPE 1186-34 GI C.W. H � #7479777t/tDOCKET 1186-30 HL0003 Frank Yamaguchi 961373 Aft.,.avit of Publication STATE OF COLORADO ss. County of Weld, I, Millette S. Clarkson of said County of Weld, being duly sworn, say that I am an advertising Berk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) )04X)OiX)( that the notice was published in the „r ,p�..�, Ya g; regular and entire issue of every number of said .;1;,4 •r.r•puM�e.4o=0.4.ta«N. - newspaper during the period and time of publication of `ahi u aa arw saran, ttprea«mra `ake. said notice, and in the newspaper proper and not in a tee* dMwr r .0 r.e Ct• aM •• r..arWNM supplement thereof; that the first publication of said th c -* � arewrar.or.wta.rxSObee notice was contained in the issue of said newspaper 're rry: •rwrMaEM 'MOWS'DSO b.berm "nv bearing date aiq;� . ......imp 4al•atktas viz* +twrn "r i 'rA'"«"�Pi�` ,. Twenty-fourth w,�ri� �ne. day of April A.D. 19 86 • {'tiisyytbi srj.R.» Nr.ae«Esu and the last publication thereof; in the issue of said nn1pp mta. u. `''p"-� newspaper bearing date the RRW 6,T ror� � J .M e(, b GMtC,,�cy Yr ei INI �'yN11NH y�Y►pl 14.1)'Ms C ,Wo L oes¢ ►.ri ED a,.f, ,w.s Twenty-fourth wk its "t ates day of April A.D. 19 RS ' 44 / a" that said The Greeley Daily Tribune and The Greeley ,. ^ "ys. .., a n Republican, has been published continuously and kY MX' uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. April 24,1986 Total Charge: $25.60 72!-. . i, Cary , Advertising Clerk Subscribed and sworn to before me this 2J/ day of _ April A.D. 19_86_ 'commr io / F Tnn In 1090 Notary Public 0.....JO a O NOT I C E Pursuant to §30-20-104, CRS, of the Solid Waste Disposal Sites and Facilities Act and State Regulations promulgated thereunder, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the request may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-30 Waste Services, Inc. 6037 77th Avenue Greeley, Colorado 80634 DATE: May 7, 1986 TIME: 2:00 P.M. REQUEST: Transfer of operator of Solid Waste Site Certificate of Designation No. 21 (Greeley-Milliken landfill site) for Colorado Landfill, Inc. to Waste Services, Inc. LEGAL DESCRIPTION: Part of the SW}, Section 32, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: April 16, 1986 PUBLISHED: April 24, 1986, in the Johnstown Breeze 9613 . 3 r "womb"O0.2o-11 ': . of the sad Waft. =,shoe earl Padilla* Act $tile. lt R ule ()tomtits ()tom mimic .wmaere- 'Iry rdf the AFFIDAVITOFAFFIDAVITOF PUBLICATION Bard 9f Coanty Doers of Weld yyflaunty, Col -weld County Street First I ley, f%tot a >m 11 nM. - THE JOHNSTOWN BREEZE Interested in the are STATE OF COLORADO ) reeqq a ed to attend .Stay be ) SS COUNTY OF WELD 1 Should the &optical - or am I, Clyde Briggs, do solemnly swear that I interested. party MOW the presence of a court .water to am publisher of The Johnstown Breeze; make a record of The pro- ceedings,in addition tb,tke taped that the same is a weekly newspaper record which will be kern during the h printed, in whole or in part, and published Orflfpi Boards Offic the Clerk to the e can be bontected in the County of Weld, State of Colorado, for a Iiet of court reporters in the and has a general circulation therein; that area If a court troffer is obtained,the Clerk to tatBBoard's said newspaper has been published office shall be advised kr writing continuously and uninterruptedly in said of such action at Watt five days p y prior to the hearing.The cost of County of Weld for a period of more than engaging a court reporter shall be borne by the requesting party. fifty-two consecutive weeks prior to the BE IT ALSO KNOWN that the first publication of the annexed legal notice request may be examined in the or advertisement; that said newspaper has office of the Clerk to the Board of been admitted to the United States mails as County Commissioners,`located in the Weld Countk htenmal second-class matter under the provisions of Center, 915 , Third Floor, Greeley, Co lo rido the Act of March 3, 1879, or any amendments thereof, and that said DOCKET.NO. 88-30. " newspaper is a weekly newspaper duly APPLICANT qualified for publishing legal notices and waste i'cea Ina advertisements within the meaning of the eGrreeeley; Colorado eoeaa laws of the State of Colorado. That the annexed legal notice or advertise- DATE; May 7, 19887, ' - ment was published in the regular and TIME: 2:00 P.M. entire issue of every number of said weekly REQUEST: Transfer of operator newspaper for the period of ../... consecu- of Solid Waste Site Certificate of live insertions; and that the first Designation No. 2t reelsY Milliken landfill site)for Colorado publication of said notice was in the issue Df Landfill, inc. to waste Services said newspaper dated Y- A.U. lbg- Inc - and that the last publication of said notice LEGAL DESCRIPTION: Part of 2 the SWY.,Section 32,Township 5 was in the issue of said newspaper dated North,Range 66 West of the 8th A.D. 19 P.M., Weld County, Colorado BOARD OF COUNTY In witness whereof I have hereunto set COMMISSIONERS my hana this ....?.S day of dye WELDCOLORADO A.D. I9 ea. BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK / Publisher - TO THE BOARD By. Mary Reiff, Deputy DATED: April 18, 1988 PUBLISHED: April 24, 1986, in Subscribed and sworn to before me, a the Johnstown Breeze Notary Public in and for the County of W d,State of Colorado, this .. A�... day of . A.D. 19t 14a46r_,,, Notary Public. My commission expires AIY Cc. „slob Ex 2 south Jr, ,y Pires June 14„ 1987 • .1v Johnstown '`C soile S:)534 961.2 70 DATE: April 16 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 7th day of May, 1986 , at 2: 00 P.M. Docket No. 86-30 - Transfer of operator of Solid Waste Site Certificate of Designation for Colorado Landfill, Inc. to Waste Services , Inc. OFFICE OF THE CL K TO THE BOARD BY: r�i'Lliyi,/,_ Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 0119 961.37I: °F•c(ZTr 0Lo is v o COLORADO DEPARTMENT OF HEALTH Richard D. Lamm 0 ~�,K* "� Thomas M. Vernon, M.D. Governor Ig 76 Executive Director WEIE CCJNTV DASSTNERS April 1, 1986 APR 81986 GREELEY. COLO. Waste Services, Inc. 6037 77th Avenue Greeley, Colorado 80634 Attention: Lynn Keirnes, President Dear Mr. Keirnes: The Colorado Department of Health has reviewed your request to change the name of the Certificate of Designation for the Greeley, Milliken Sanitary Landfill from Colorado Landfill, Inc. to Waste Services, Inc. The Department approves your request provided, (1) you receive approval from the Weld County Commissioners, (2) you commit to operating the landfill in accordance with the approved operational plan, engineering design and the .Certificate of Designation If you have any questions please contact me at (303) 320-8333 ext. 4364. Sincerely, PL0,711/Ye'W. (417Litte---- Dennis C. Hotovec Geologist Solid Waste/Superfund Waste Management Division DCH:pb cc: Weld County Commissioners Weld County Health Dept. 961370 i 4210 EAST 11TH AVENUE DENVER. COLORADO 80220 PHONE (203) 320-8333 T t \SURER'S OFFICE,WELD COUNTY 9 7 3 Gleeley,Colorado. (Oa. 19. U, oo RECEIVED OF. . .OJTt .'.1 .( AQ ?fgra $ 30O FOR CREDIT L- County General Fund 101 000O , 3©Q C)O Health Department 119 0000 Human Resources 121 0000 Social Services 112 0000 • Housing Authority Road& Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 School District Gen Fund School District C R F School District Bond Fund FRANCIS M. LOUSTALET TOTAL AMOUNT County Treasurer lerk 3O6 Lo1)3 WA9E C. 6037 77th Avenue Greeley, Colorado 80634 (303) 330-2641 April 3, 1986 Weld County Board of Commissioners 915 Tenth Street Greeley, Colorado 80631 Re: Certificate of Designation Greeley-Milliken Landfill in the SW1/4 , Sec. 32 , T5N, R66W of the 6th P.M. Weld County, Colorado Dear Commissioners : Waste Services, Inc. , requests transfer of ownership of Certificate of Designation No. 21 (Greeley-Milliken site ) from Colorado Landfill, Inc. , to Waste Services, Inc. My wife, Lela and I each own 50% of the stock of Waste Services, Inc. I will be directly responsible for the management of the Greeley-Milliken site. Waste Services, Inc. , plans to follow the existing operations plan for the Greeley-Milliken site. Because of the previous successful ownership and management of Colorado Landfill by my wife and me, we feel very qualified in financial and management responsibilities to operate this site and to meet the requirements of Federal, State and County health regulations. Weld County transferred the Industrial Revenue Bonds from Colorado Landfill, Inc. , to Waste Services, Inc. , in December of 1985 . This re- flects the confidence of Weld County Board of Commissioners in our capability to manage and operate the landfill site. I would appreciate your early consideration of this request. If I can provide additional information to expidite this matter, please call me. Respectfully, WASTE SERVICES, INC. 641 i C. Lynn Keirnes, President CLK/gc w 961370 fw— •. a-t.. L 't-h. a • f...:. M k L I F+ 1 t{ {i'� -f '' J Y E, • t X 1 Q i 1 I, ( 1 y PPP e et. {, fA ' I i ,lye ytfi k1- 2. . . ,,..,.1- . - , ct ; N 4 {. } ` .a.‘ a a. fz. dQ rl a t { �' {{ y •C JJ Cd P-,-.1. I.t 3,• 3 a • 111 O., • J U > b• , ;o. ,g aJ L O 7 t S I 1 T. rn3sA r- .- , ate " , " ,,'� 1 p .O p �, ` ^,�� 1 DOMESTIC RETURN RECEIPT ir PS Form 3811,July 1983 g47.84t.jVJ!�(-.",.r"''� ' r� r----r----T---T I 1, .A. ' 4 0 . I © g i.. • ::31 . I i I C' wCI c ..c -4 d u) 6 L-1-----4-----i-• I __I— ~- �+ {;'I 0 I I I. cr CL (1) > ON 1 : i f i . A-, U N " co x G i • •- I :: O O 8 Unl c •- _ f : a1 — E a U A W it, i • cd to .. -. DEPARTMENT OF ° HEALTH O ' fn WASTE MANAGEMENT DIVISION w SOLID WASTES DISPOSAL L; ' SITES AND FACILITIES w. 6 CCR 1007-2 EDITORS NOTES 444 Rulemaking Authority for this Rule is cited in the'"Attorney General ati Opinions listed below. Those opinions may be found in the Code of Colorado Regulations, Attorney General Opinions Volume. 1 ti History and Amendments Adopted 2/16/72 , effective 4/1/72. 1.11-16 adopted;,10/21/81, effective 12/1/81, 4 CR 11. pp. 1.11-16 adopted as"emergency ` regulation 5/19/82, effective 5/19/82, 5 CR 6. pp. 1. 11-16 adopted 5/19/82, effective 7/30/82, 5 CR 7. Pp. 1-1.19 adopted 11/17/82, effective 12/30/82, 5 CR 12. Pp. 2-15 adopted 6/20/84, effective 7/30/84, 7 CR 7. Pp. 1.02-1.07, 1.19-1.28 adopted 8/15/84, effective 9/30/84, 7 CR 9. Pp. 1, 1.06-1.07, 1. 13, 1. 17, 1.28 adopted 9/18/85, effective 10/30/85, 8 CR 10. A. G. Opinions: 4 AG 276; 5 AG 158; 5 AG 193; 5 AG 359; 7 AG 158; 7 AG 224; 8 AG 251 Annotations: Section 3 (1) (g) and Part 2 of Rules entitled "Requirements for Siting of Hazardous Waste Disposal Sites" expired June 1, 1982 pursuant to H.B. 1099, (May 8, 1982) 5 CR 8. 'The Title Page does not constitute an official part of any regulation.Information contained on the title page is provided by the Publisher from sources deemed reliable and is solely fa informational and historical purposes"See cautionary note in fn troductoryMateriala,How to Use the CCR 961373 Contents - Regulations for Solid Waste Disposal Page Section 1 - Applicable to all facilities, existing or new: 1 i.. l Authority 1 1.2 Definitions 1 1. 3 Scope 1.06 1.4 Exemptions 1.07a Section 2 - Applicable to all facilities, existing or new: 1.08 2.1 Minimum Standards 1 .0:3 2.2 Operations Standards 1.09 2.3 Inspections 1 . 11 2.4 Closure Standards 1. 12 Section 3 - Applicable to all new facilities: 1 . 12 3.1 Application Procedure 1. 12 Section 4 - Applicable to all new facilities: 1 . 13 4.1 Site Standards 1. 13 4.2 Engineering Design Standards 1 . 14 4.3 General Data 1 . 14 4.4 Geologic Data 1 . 15 4.5 Hydrologic Data 1 . 15 4.6 Engineering Data 1 .16 4.7 Operational Data 1 . 16 Section 5 - Applicable to all new facilities: 1 . 18 5.1 Issuance of Certificates of Designation 1 . 18 Scope and Applicability 2.1 2 Definitions 2.2 2 Application Requirements for Certificates 2.3 6 of Designation Minimum Design Performance Criteria for Off- Site Hazardous Waste Disposal Sites and On-Site Hazardous Waste Landfills 2.4 8 Requirements for Siting and Design of Off- Site Hazardous Waste Disposal Sites and On-Site Hazardous Waste Landfills 2.5 12 Minimum Design Performance Criteria for On- Site Surface Impoundments and Waste Piles 2.6 15 Requirements for Siting and Design of On-Site Surface Impoundments and Waste Piles 2.7 15 Violations and Penalties 2.8 15 Basis and Purpose 2.9 6 CCR 1007-2 961370 01986 THE PUBLIC RECORD CORPOI. JN ALL RIGHTS RESERVED 8CR10,10-85 Page 1 Regulations Solid Wastes Disposal Sites and Facilities 1 .1 - Authority These regulations are promulgated pursuant to the Solid Wastes Disposal Sites and Facilities Act, Title 30-20-Part 1 , C.R.S. 1973, as amended. These regulations replace and supersede the Solid Wastes Disposal Sites and Facilities regulations adopted February 16, 1972; effective April 1 , 1972. 1 .2 - Definitions - as used in these regulations, unless the context otherwise requires: a. "Act" means the Solid Wastes Disposal Sites and Facilities Act, Title 30-20-Part 1 , C.R.S. 1973 as amended. b. "Adequate cover" means: 1 . at least six inches of soil or other suitable material over the working face at the end of each operating day, or at such frequencies as to prevent or minimize the creation of nuisance conditions, and 2. at least one foot of soil or other suitable material over disposed solid wastes in areas left temporarily unused for at least one month, but not finally closed; and 3. at least two -feet of soil over the entire fill surface at final closure. c. "Agricultural wastes" means all solid wastes resulting from the raising of crops or animals, including animal manures, that are returned to the soils as fertilizer or soil conditioners, on land zoned agricultural by local requirements. d. "Airport" means an airport open to the public without prior permission and without restriction, within the physical capabilities of the facility. e. "Air pollution" means any concentration of one or more air pollutants in the ambient air that has caused, is causing, or if unabated may cause injury to human, plant or animal life, or injury to property, or which unreasonably interferes with the comfortable enjoyment of life or property. Amended Application — means a document which proposes modifications to an existing site or facility that constitutes a substantial change in operations. f. "Approved site or facility" means a site or facility for which a certificate of designation has been obtained, pursuant to the Act. 1. , iY THE CODE OF COLORADO REGULATIONS 6 CCR `i74�7-2 8161.3' 3 Page 1.01 g. "Aquifer" means any geologic formation, group of formations or portion of a formation capable of yielding significant and useable quantities of groundwater to wells and springs. h. "Base flood" means a flood that has a one percent chance of recurring in any year, or a flood of a magnitude equalled or exceeded once in 100 years, on the average over a significantly long period. i . "Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injuries to its occupants. j. "Certificate of designation" means a document issued by the County Board of Commissioners, upon favorable recommendation of the Department, to a person authorizing their operation of a facility for solid waste disposal , pursuant to the Act. k. "Certificate of designation application" means a document containing all local requirements and an engineering design and operations report prepared in accordance with Section 3.1 through 4.8 of these Department regulations, that: 1 . establishes the site, design, construction, and operational suitability of a proposed type of solid waste disposal , and 2. demonstrates that the implementation of proposed designs will result in compliance with tht Act, these regulations, and all other applicable Department regulations during construction, operations, and post closure. 1 . "Commercial wastes" means all solid wastes generated by stores, hotels, markers, offices, restaurants, and other nonmanufacturing activities, excluding community and industrial wastes. m. "Community wastes" means all solid wastes generated by the noncommercial and nonindustrial activities of private individuals of a community, including solid wastes from streets, sidewalks and alleys. n. "Department" means the Colorado Department of Health. o. "Disease vector" means any animal , bacterium or virus capable of transmitting disease, illness or harm to humans. p. "Explosive gas" means methane or other combustible gases, generated by decomposition in a facility for solid wastes disposal . 6 CCR 1007-2 THE CODE OF COLORADO REGULATIONS ®1984 THE PUBLIC RECORD CORPORA I ALL RIGHTS RESERVED 7CR9,9-84 Page 1.02 q. "Facility structures" means any building, structure, or utility services trenches, temporary or permanent, at a facility for solid wastes disposal . r. Floodplain" means lowland areas adjacent to inland surface waters that are inundated by the base flood. s. "Groundwater" means any water below the land surface in a zone of saturation. t. "Hazardous waste" means any material , alone or mixed with other. materials, which has no commercial use or value, or which is discarded or is to be discarded by the possessor thereof, either of which because of its quantity, concentration, or physical , chemical , or infectious characteristics may cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. The term does not include: (i ) discharges which are point sources subject to permits under section 402 of the "Federal Water Pollution Control Act", as amended; (ii ) source, special nuclear, or byproduct material as defined by the Federal "Atomic Engergy Act of 1954", as amended; (iii ) agricultural waste from the raising of crops or animals, including animal manures, which are returned to the soils as fertilizers or soil conditioners; (iv) domestic sewage; (v) irrigation return flows; (vi ) inert materials deposited for construction for fill or topsoil placement in connection with actual or contemplated construction at such location or for changes in land contour for agricultural and mining purposes; or (vii ) any waste or other materials exempted or otherwise not regulated as a hazardous waste under the federal act. "Health Departments" means the Colorado Department of Health and a local Health Department if such entity exists. u. "High wind warning" means that sustained winds of 40 mph or greater, or gusts of 55 mph or greater, are expected to persist for one hour or longer, as defined by the National Weather Service. v. "Incineration" means the combustion of solid wastes in such a way as to: 1 . control the air mixture to maintain adequate temperature for efficient combustion, and 2. contain the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and 3. control the emission of combustion byproducts consistent with the standards, rules and regulations promulgated by the Department's Air Quality Control Commission. "Incompatible wastes" means wastes which, when mixed, produce heat, pressure, fire, explosion, violent reaction, toxic mist, 141 fumes or gases, or flammable fumes or gases. THE CODE OF COLORADO REGULATIONS p 861370 Page 1.03 w. " Incorporated into the soil" means the insertion of solid waste beneath the surface of soil or the mixing of solid wastes with the surface soil. x. "Industrial wastes" means all solid wastes, including mill tailings and mining wastes, resulting from the manufacture of products or goods, by mechanical or chemical processes. y. " Inert material " means nonwatersoluble and nonputrescible solids together with such minor amounts and types of other materials as will not significantly affect the inert nature Ot such solids according to the rules and regulations of the board. The term includes, but is not limited to, earth, sand, gravel , rock, concrete, which has been in a hardened state for at least sixty days, masonary, asphalt paving fragments, and other inert solids including those the Board of Health may identify by regulation. z. "Leachate" means liquid that has passed through and emerged from solid wastes, containing soluble, miscible or suspended constituents removed from the wastes. "Liner" means a continuous layer of natural or man—made materials beneath and on the sides of a waste impoundment which restricts or prevents the downward or lateral escape of solid waste, its constituents, or leachate. aa. "Local requirements" means all laws, resolutions or ordinances related to solid waste disposal promulgated by counties, municipalities or other political subdivisions of the State. bb. "Mill tailings" means an industrial solid waste generated by the mechanical or chemical processing of minerals, for subsequent conversion into useable forms as a metal , a metallic compound, an energy source, or raw material for manufacture. cc. "Mimimal quantities of hazardous wastes" means a quantity of less than 1 ,000 kilograms (2,200 pounds) of hazardous waste containing no acutely hazardous waste as defined by 40 Code of Federal Regulations, Subpart 21 . 5(e) which is produced only by small quantity generators as defined by 40 Code of Federal Regulations, Subpart 261 . 5(a) and which is received by a solid waste facility for processing or disposal in any calendar month. dd. "Mining waste" means overburden to be discarded and other industrial wastes directly related to the preparation, development and operation of mineral extraction facilities. Aric T. 6 CCR 1007-2 THE CODE OF COLORADO Htu. ONS , 961 a1S84 THE PUBLIC RECORD CORPOR. tN 7G.R9'9 84 Page 1.O4 ALL RIGHTS RESERVED ee. "Noise pollution" means sound levels radiating from the site boundary at a distance of twenty-five feet or more therefrom, in excesss of standards established in Sections 101 and 103 of the Colorado Noise Abatement Act, Title 25-12-Part 1 , C.R.S. 1973 as amended. ff. "Noncommercial burning of trash" means the combustion of solid wastes in accordance with Subsections (2) and (3) Section 110 of the Act. gg. "Nuisance conditions" are those which may result from explosive gas, bird hazards, disease vectors, odors, windblown solid wastes or cover materials, open burning, water pollution, air pollution, noise pollution and traffic congestion. hh. "Open burning" means the uncontrolled or unconfined combustion of solid wastes at a facility for solid waste disposal . ii. "Person" means an individual , partnership, private or municipal corporation, firm, or other association of persons. jj. "Processing" means performing a type of solid waste disposal , including but not limited to sanitary landfilling, incineration, and composting. kk. "Putrescible wastes" means those solid wastes that contain organic matter capable of being decomposed by microorganisms, and of such a character and proportion as to be capable of attracting or providing food for birds or disease vectors. 11. "Recyclable materials" means a type of material that is subject to reuse or recycling. mm. "Recycling operation" means that part of a solid wastes disposal facility, or a part of a general disposal facility at which recyclable materials may be separated from other materials for further processing. "Residual sludge" means solids, semi—solids or liquids remaining in a waste impoundment after final evaporative or other treatment or storage of the waste is completed, or which may be dredged out during the active life. nn. "Sanitary landfill " means the final disposal of solid waste on land by a method employing compaction of the waste and covering with earth or other suitable material , in compliance with the Act and these Department regulations. "Significant" means in the context of differentiating between liquid or semisolid waste streams, a difference of one order of magnitude in the concentration of any constituent. IyI� }Y 961370 THE CODE OF COLORADO REGULATIONS 2 Page 1.05 oo. "Site boundary" means the outermost perimeter of a facility for solid wastes disposal in plan, as designated pursuant to the Act. pp. "Site" means a location for a facility for solid waste disposal , chosen based upon reasonably available geologic , hydrologic and operational data considerations. qq. "Sludge" means any solid or semi-solid waste generated by a municipal , commercial or industrial wastewater treatment plant; water supply treatment plant; or air pollution control facility, that has been treated to obtain pathogen destruction, odor control , or putrescibility control . "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or Air Pollution Control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities. "Solid Waste" does not include any solid or dissolved materials in domestic sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions of the "Colorado Water Quality Control Act" , Article 8 of Title 25, C.R.S. 1973, or materials handled at facilities licensed pursuant to the provisions on Radiation Control in Article 11 of Title 25, C.R.S. 1973. ss. "Solid wastes disposal " means the collection, storage, treatment, utilization, processing, or final disposal of solid wastes. tt. "Solid wastes disposal site and facility" means the location and/or facility at which the deposit and final treatment of solid wastes occur. uu. "Substantial change in operations" means any redesign or planned construction which would significantly change the planned design performance of a facility for solid waste disposal as originally designated; the addition of a category of wastes or other waste handling processes that have not been previously reviewed and accepted as complying with these regulations; or the selling or transferring of the certificate of designation to a new operator. vv. "Surface water" means water that flows on the land surface, or is tributary to such water. ww. "Transfer station" means a facility at which refuse awaiting transportation to disposal site is transferred from one type of collection vehicle to another. TM 6 CCR 1007-2 THE CODE OF COLORAuu nruui..... ....NS .370 °1985 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 8CR10,10-85 Page 1.06 xx "Treatment" means performing a type of solid waste disposal , including but not limited to shredding, baling, liquid evaporation, and nonbeneficial sludge landspreading. ,n, "Waste impoundment" means any pit, pond, lagoon, trench or basin used for storage, treatment or disposal of solid waste. "Waste stream" means a relatively uniform solid waste, produced by the same or a similar process or generator over time. Different waste streams are distinguished by significantly larger or smaller concentrations of one or more constituents as determined by standard test methods or inspection. "Underground source of drinking water" means an aquifer or its portion: A. which supplies any public water system, or which contains a sufficient quantity of ground water to supply a public water system, and B. currently supplies drinking water for human consumption, or contains fewer than 10,000 mg/1 total dissolved solids. yy. "Water pollution" means the manmade or man-induced alteration of the background physical , chemical , biological or radiological integrity of groundwater or surface water. zz. "Working face" means that portion of a facility for solid wastes disposal where solid wastes are actively unloaded, placed, compacted and covered, at any one time of operation. Yards per day - means the cubic yardage of material a facility receives at the gate, for each 24 hour period. 1.3 Scope 1.3.1 No person shall operate a facility for solid waste disposal , where processing, treatment, or final disposal is performed, at a site located in the unincorporated portion of any county without a certificate of designation obtained from the Commissioners of the county. 1 .3.2 Sites for new sanitary landfills shall comply with standards of Sections 4.1 and 4.2 unless compliance with the standards is waived by the Department in accordance with Section 1 .3,8 of these regulations. 1 .3.3 The construction, operation and closure of all new facilities for solid waste disposal shall comply with designs, specifications and procedures outlined in the certificate of designation application, as amended by Department review and local requirements; and to the standards in Sections 2.1 through 2.4 and 3.1 through 4.8 of these Department regulations. Per THE CODE OF COLORADO REGULATIONS 951370 6 CCR 1007-2 Page 1.07 _ 1 .3.4 The construction, operation and closure of all approved -- facilities for solid waste disposal that were granted a certificate of designation before there were requirements for an engineering design and operations report; or that are in operation on the effective date of these Department regulations, shall comply with standards in Sections 2.1 through 2.4 of these Department regulations. 1.3.5 Approved facilities for solid wastes disposal that are exempted from certificate of designation requirements under provisions of Section 1 .4 of these Department regulations shall comply with standards in Sections 2.1 through 2.4 of these regulations, unless permitted or operated in compliance with regulations pursuant to the Colorado Mined Land Reclamation Act, Title 34-32, 101 et seq. CRS 1973 as amended: or the Hazardous Waste Act, Title 25-15 Parts 1 , 2, and 3, CRS 1973 as amended. 1 .3.6 Technical guidelines, including specific technical factors, may be developed and issued by the Department to assist applicants, local governments, and the public. 1.3.7 An amended application shall be made for a substantial change in operations as defined in Section 1 .2 of these regulations, and shall be referred to the County Board of Commissioners and the Department for review and approval before such change shall become effective. 1.3.8 In its consideration of an application, and in the exercise of its regulatory authority to assure compliance with these regulations, the Department may waive compliance with any standard in Section 2.2, 2.4, 4.1, 4.2 and section 6 provided that: A. The benefits derived from meeting a standard do not bear a reasonable relationship to the economic, environmental, and energy impacts or other factors which are particular to the facility, or B. 1. Such waiver is consistent with the purposes of the Act and these regulations, and 2. Such waiver is not deemed to constitute a material variation from the requirements of these regulations, and 3. The waiver will not cause or allow the violation of any air or water quality standard. 1 . 3. 9 A concise general statement of the Basis and Purpose for these regulations has been prepared and adopted by the Board of Health, and hereby incorporated into these Department regulations by reference, pursuant to the Colorado Administrative Procedures Act, Title 24-4-103, CRS 1973 as amended. 961370 6 CCR 1007-2 THE CODE OF COLORADO twk:a.-. .. .ONS ©1884 THE PUBLIC RECORD CORPOR. N ALL RIGHTS RESERVED 7CR9,9-84 Page 1.07a 1 .4 Exemptions: Notwithstanding the provisions in any subsection in Section 1 .3 of these regulations, the following facilities for solid wastes disposal shall be approved sites and/or facilities for which obtaining a certificate of designation under provisions of Section 105 of the Act shall be unnecessary : 1 .4.1 Those facilities at which any person, other than a governmental unit, disposes of his own solid wastes on his own property; provided that the Department has determined, based upon review of an engineering design and operations report prepared and submitted by the operator in accordance with THE CODE OF COLORADO REGULATIONS ti UCH iuUt-2 861370 @1982 THE PUBLIC RECORD CORPORA' ALL RIGHTS RESERVED SCR 12, 12-K2 Page 1.08 Sections 2.1 , 2.2, 4.1 and 4.2 of these regulations, that the disposal operation will comply with the Act and the applicable regulations of the Department. 1 .4.2. Those facilities for solid wastes disposal at which any person engaged in mining operations permitted by the Colorado Milled Land Reclamation Board, pursuant to the Colorado Mined Land Reclamation Act, Title 34-32, 101 et. seq. CRS 1973 as amended, and its regulations, performs solid waste disposal of mining or other solid wastes generated by such operations within the permitted area for such operations. 1 .4.3 Those solid wastes disposal sites and/or facilities, including processing facilities, operated to reclaim or recycle metallic, glass, or cloth solid wastes, unless operated on the site of a landfill or incinerator operation. 1 .4.4. Those sites where sludge is used beneficially as a fertilizer, soil conditioner, fuel or livestock feed, provided the sludge is certified to have met all applicable regulations of the Department and the Department of Agriculture. 1 .4.5 Those facilities for hazardous waste disposal that have been issued a certificate of designation pursuant to Title 25-15 Parts 1 , 2 and 3, C.R.S. 1973 as amended, and its regulations. 2.1 Minimum Standards. All facilities for solid waste disposal shall comply with the following minimum standards, of the Act: 2.1 .1 Such sites and facilities shall be located, operated, and maintained in a manner so as to control obnoxious odors and prevent rodent and insect breeding and infestation, and they shall l'e kept adequately covered during their use. 2.1 .2 Such sites and facilities shall comply with the health laws, standards, rules, and regulations of the Department, the Water Quality Control Commission, the Air Quality Control Commission, and all applicable zoning laws and ordinances. 2.1 .3 No radioactive materials or materials contaminated by radioactive substances shall be disposed of in sites or facilities not specifically designated for that purpose. 2.1 .4 A site and facility operated as a sanitary landfill shall provide means of finally disposing of solid wastes on land in a manner to minimize nuisance conditions such as odors, windblown debris, insects, rodents, and smoke; and shall provide compacted fill material ; shall provide adequate cover .M r THE CODE OF COLORADO REGULATIONS o tan leD7 - 2 861370 Page 1.09 with suitable material and surface drainage designed to prevent ponding of water and wind erosion and prevent water and air pollution; and, upon being filled, shall be left in a condition of orderliness and good esthetic appearance and capable of blending with the surrounding area. In the operation of such a site and facility, the solid wastes shall be distributed in the smallest area consistent with handling traffic to be unloaded; shall be placed in the most dense volume practicable using moisture and compaction or other method approved by the Department; shall be fire, insect, and rodent resistant through the application of an adequate layer of inert material at regular intervals, and shall have a minimum of windblown debris which shall be collected regularly and placed into the fill . 2.1 .5 Sites and facilities shall be adequately fenced so as to prevent waste material and debris from escaping therefrom, and material and debris shall not be allowed to accumulate along the fence line. 2.1 .6 Solid wastes deposited at any site/or facility shall not be burned, other than by incineration in accordance with a certificate of designation issued pursuant to section 30-20-105; except that, in extreme emergencies resulting in the generation of large quantities of combustible materials, authorization for burning under controlled conditions may be given by the department. 2.1 .7 Any provision of the Air Pollution Control Act, Title 25-7-108, C. R.S. 1973 as amended, to the contrary notwithstanding, the board of county commissioners in any county with less than twenty-five thousand population, according to the latest federal census, is authorized to develop regulations, by resolution, permitting the noncommercial burning of trash in the unincorporated area of said county; except that no permit shall be issued which shall allow the county to exceed primary and secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto. 2.1 .8 As used in subsection 1 .5. 7 of this section, "noncommercial burning of trash" includes the burning of wood waste in wigwam wood waste burners. 2.2 Operations Standards: All facilities for solid waste disposal shall be operated in accordance with the following standards, where applicable; unless said standards are waived in accordance with Section 1 .3.8 of these Department regulations: Pir 6 CCR 1007 . 2 THE CODE OF COLORADO REGULATIONS 861.370 ©1982 THE PUBLIC RECORD CORPO! )N ALL RIGHTS RESERVED 5CR12, 12-82 Page 1. 10 2.2.1 Facilities for solid waste disposal shall be kept adequately fenced to prevent unauthorized public access without operator supervision. 2.2.2 Surface waters shall be diverted from, or around, the disposal site and facility and its working face. 2.2.3 Groundwater quality shall be monitored upgradient and downgradient of facilities for solid waste disposal where final disposal or liquid evaporative treatment is performed. 2.2.4 All groundwater and explosive gas monitoring points shall be installed in accordance with applicable rules and regulations of the Water Well and Pump Installation Contractor's Act, Title 37-91 Part 1 , CRS 1973 as amended; and the water quality and gas concentrations of samples taken from the wells shall be determined by the facility operator. 2.2.5 Groundwater quality and explosive gas concentrations shall be monitored regularly, as deemed necessary by the Department and the operator on a site specific basis. 2.2.6 The concentration of explosive gases generated by the facility for solid waste disposal shall not exceed: 1 ) One percent by volume in air within facility structures (excluding gas control or recovery systems), or 2) Five percent by volume in air at the site boundary, unless geologic or other conditions are such that no explosive gas hazard exists beyond the site boundary. 2.,2.7 Disposal sites and/or facilities that accept putrescible wastes that may attract birds, and which occur within 10,000 feet (3048 meters) of any airport runway used by turbojet; or within"5,000 feet (1 ,523 meters) of any airport runway used only by piston-type aircraft shall not pose a bird hazard to aircraft. 2.2.8 Facilities for solid wastes disposal where final disposal is performed shall cease operations during periods when high wind warnings as defined in Section 1 .2 are verified on-site. If the facility has no wind velocity measuring device, closure decisions shall be based on readings obtained hourly by the facility operator, from the nearest National Weather Service Office or other location approved by the Department. 4 IA M THE CODE OF COLORADO REGULATIONS 861370 A rrn inns _ 1 Page 1. 11 2.2.9 No facilities for solid wastes disposal shall knowingly receive any waste classified as acutely hazardous, per 40 Code of Federal Regulations 261 .33. 2.2.10 No facility for solid waste disposal shall knowingly receive any quantity of hazardous waste defined in Section 1 .2 of these Department Regulations in any calendar month, unless authorized by the Department, the County Board of Commissioners, and the facility operator. 2.2.11 No sanitary landfills shall accept raw sludges from wastewater treatment plants, septic tank pumpings, or chemical toilet wastes, without approval from the County Board of Commissioners and the Department. 2.2.12 Sludges shall not be codisposed with other solid wastes at the working face of sanitary landfills without approval from the County Board of Commissioners and the Department. 2.2.13 All operating records shall be made available to the County Board of Commissioners and the Department upon their request. 2.3 Inspections of Approved Sites and Facilities 2.3.1 Approved facilities for solid wastes disposal may be inspected by the Department to evaluate their compliance with the Act, and these Department regulations, and the certificate of designation application as amended by the Department. No prior notification of said inspections shall be required. 2.3.2 Approved facilities for solid waste disposal which were (1 ) granted a certificate of designation before there was a requirement for an engineering design and operations report with a certificate of designation application, or (2) which are exempt from certificate of designation requirements under Section 1 .4 of these regulations, may be inspected to evaluate compliance with the Act and these regulations, if no other Colorado law and regulations apply, in accordance with Section 1 .3.5 of these Department Regulations. No prior notification of said inspections shall be required. 2.3.3 If an approved facility for solid wastes disposal is determined by inspection to be noncompliant with the Act, these Department regulations, or the certificate of designation application, as amended, the facility operator and the County Board of Commissioners shall be notified of the violation by certified mail sent by the Department. vu r 861370 6 CCR 1007 . 2 THE CODE OF COLORADO REGULATIONS °1985 THE PUBLIC RECORD CORPORA _1N ALL RIGHTS RESERVED SCR 10.10-85 Page 1. 12 2.3.4 If the facility operator fails to respond to the Department violation notice within thirty days, said operator may become subject to statutory and other remedies as appropriate including: 1 ) Fines, imprisonment or both, under Section 114 of the Act, 2) Temporary suspension or revocation of the certificate of designation, under Section 112 of the Act, or 3) If a facility is deemmed a public nuisance for violation of the Act or these Department regulations, the violation may be enjoined by a District Court under Section 113 of the Act. 2.4 Closure of Approved Sites and Facilities 2.4.1 No person shall close an approved facility for solid wastes disposal without notifying the Department and the County Commisioners in writing at least sixty days in advance of the closure date. 2.4.2 The operator of an approved facility for solid wastes disposal shall notify the general public at least sixty days in advance of the proposed closure date by placing signs of suitable size at the entrance to the site and facility. 2.4.3 Approved facilities for solid wastes disposal shall be closed in accordance with the Act, these Department regulations, and in the manner specified in the certificate of designation application as amended. Precautions shall be taken to prevent further use of the site and facility for unauthorized disposal . 2,4.4 The concentration of explosive gas generated by the facility for solid waste disposal shall not exceed five percent in air at the site boundary after closure. 2.4.5 Water pollution shall not occur at or beyond the site boundary after closure. 2.4.6 Nuisance conditions shall not exist at or beyond the site boundary after closure. 3.1 Application for a certificate of designation, for new facilities for solid waste disposal 3.1 .1 Any person proposing to operate a facility for solid wastes disposal within the unincorporated portion of any county shall apply to the Commissioners of the County in which the site is to be located for a certificate of designation. 861 '70 THE CODE OF COLORADO REGULATIONS Page 1.13 3.1.2 The application shall include a nonrefundable three .hundred dollar fee, and at least five copies or as many additional copies specified by local requirements, of an engineering design and operations report prepared in accordance with Sections 3.1 through 4.8. The application shall also include all other documents specified by local requirements. 3.1 .3 After receipt of an application, the Commissioners shall forward copies of the application and at least four copies of the engineering design and operations report to the Department • for review and a recommendation for approval or disapproval . 3.1.4 Recommendations on certificate of designation applications, including the engineering design and operations report, shall be based upon compliance with the Act and these Department regulations. • 4.1 Site Standards: All new facilities for solid waste disposal shall comply With the following standards, unless said standards are waived in accordance with Section 1 .3.8 of these Department Regualtions: 4.1 .1 The topography of the site shall maximize protection against prevailing winds on-site and minimize the amount of precipitation catchment area upgradient of the site. 4.1 .2 Facilities for solid waste disposal shall not be located in floodplains. 4.1 .3 No significant aquifer recharge areas, as may be designated by the Colorado State Engineer's Office or the Department's Water Quality Control Commission, shall be adversely impacted by solid waste disposal. 4.1 .4 Facilities for solid waste disposal shall be sited no closer to domestic wells or springs shown to tap the uppermost aquifer downgradient of the site, than that distance groundwater beneath the site would flow during the facilities' operating life, unless adequate groundwater protection is provided. • 4.1 . 5 Facilities for solid waste disposal shall isolate wastes from the public and environment 5y emphasizing favorable geologic conditions over engineered improvements of marginal geologic conditions. $61370 S CCR 1007-2 THE CODE O COLORAD ©1982 THE PUBLIC RECORD CORPOI. W4 ALL RIGHTS RESERVED 5CRI2, 12-82 Page 1.14 4.1 .6 Facilities for solid waste disposal shall not place wastes below or into surface water, or groundwater that has a potential or existing beneficial use or that is in direct communication with surface water or an aquifer. 4.2 Engineering Design Standards: The engineering designs of all facilities for solid waste disposal shall comply with the following standards, unless said standards are waived in accordance with Section 1 . 3.8 of these Department Regulations: 4.2.1 Groundwater shall be protected from water pollution by leachate from the facility for solid waste disposal . 4.2.2 Permanent surface water diversion structures remaining after closure shall control runon and runoff from the 100 year event. 4.2.3 Geologic hazards, or conditions including but not limited to slope stability, faulting, folding, rockfall , subsidence or erosion potential , shall not prevent the disposal site and/or facility from complying with the Act and these Department regulations. 4.2.4 Groundwater monitoring wells are designed in accordance with applicable rules and regulations pursuant to the Water Well and Pump Installation Contractor's Act, Title 37-91-Part 1 , C.R.S. 1973 as amended. 4.2.5 Sufficient amounts of adequate cover, as defined herein, exist or are readily available off-site, for use throughout the site's life, and after closure to minimize nuisance conditions as necessary. 4,,2. 6 Demonstrate that two feet of final cover is sufficient for the establishment of vegetative protection against erosion, and able to maintain the wastes's isolation after closure. 4.2.7 Adequate amounts of water are available, for construction purposes and to minimize nuisance conditions, as necessary. 4.3 The engineering design and operations report shall include, as a minimum, the following general data: 4.3.1 Mailing address, county and legal description of the facility for solid wastes disposal , township, section and range 4.3.2 Area of site, in acres CTHE CODE OF COLORADO REGULATIONS 861370 Page 1 . 15 I 4.3.3 Type of facility for solid waste disposal proposed for the site. 4.3.4 Discussion of facility's service area, including transportation corridors and surrounding access. 4.4. The engineering design and operations report shall include, as a minimum, the following geologic data: 4.4.1 Types and regional thickness of unconsolidated soils materials. 4.4.2 Types and regional thickness of consolidated bedrock materials. 4.4.3 Regional and local geologic structure, including bedrock strike and dip, and fracture patterns. 4.4.4 Geologic hazards, including but not limited to slope stability, faulting, foliding, rockfall , landslides, subsidence or erosion potential , that may affect the design and operation of the facility for solid wastes disposal . 4.5. The engineering design and operations report shall include, as a minimum, the following hydrological data: 4.5.1 Lakes, rivers, streams, springs, or bogs, on site or within two miles of the site boundary. 4.5.2 Depth to and thickness of uppermost aquifers. 4.5.3 Domestic wells within one mile of the site boundary; well depth, depth to water, screened intervals, yields and the aquifers tapped. 4.5.4 Hydrologic properties of the uppermost aquifer, including flow directions, flow rates, porosity, coefficient of storage, permeability, and potentiometric surface. 4. 5. 5 Site location in relation to the base floodplain of nearby drainages. 4.5.6 An evaluation of the potential for impacts to existing surface water and groundwater quality from the proposed facility for solid waste disposal . 4.5.7 The existing quality of groundwater beneath the proposed facility. 861370 6 CCR 1007 - 2 THE CODE OF COLORADO REGULATIONS °1985 THE PUBLIC RECORD CORPOA'f.ON ALL RIGHTS RESERVED SCR1 Ls 10_85 Page 1. 16 4.6. The engineering design and operations report shall contain, as a minimum, the following engineering data: 4.6.1 The type and quantity of material that will be required for use as daily or intermediate cover over the life of the site and facility. 4.6.2 The type and quantity of material that will be required for use as liner material or final cover; its compaction density and moisture content specifications, and the design permeability. 4.6.3 Maps and plans, drawn to a convenient common scale, that show: a. the location and depth of cut for liners; and daily or intermediate, and final cover. b. the location and depths of proposed fill or processing areas. c. the location, dimensions and grades of all surface water diversion structures. d. the location and dimensions of all surface water containment structures, including those designed to impound contaminated runoff leachate, sludge, or liquids for evaporative treatment. e. spatial distribution of engineering, geologic and hydrologic data, and relationship to proposed facilities. f. the location of all proposed facility structures and access roads. g. the location of all proposed monitoring points for surface water and groundwater quality, and explosive gases. h. the final contours and grades of the fill surface after closure. i . the location of fencing to be placed on-site. J . the location of each discrete phase of development. 4.6.4 Construction details for all proposed monitoring points, to monitor surface water and groundwater quality, and explosive gases. 4.7. The engineering design and operations report shall include, as a minimum, the following operational data: TN 861370 THE CODE CF COLORADO REGULAT;ONS _ Q page 1. 17 4.7.1 The ' tif:i : f;cM .icn , 2d dresses of t;,e persons operating the facility and having the authority to take corrective action, in the event of noncompliance. 4.7.2 The . rs of the day, and days of the week, that the facility will he operating. 4.7.3 The types and daily volUmesin yards per day and/or gallons per month. of wastes to be received; e..ject_c. life of site. If sludge is to be received, its quality should be determined in accordance with Department technical guidelines. 4.7.4 The number of, classification, and job descriptions of personnel projected to be employeed at the facility when operating at full capacity. 4.7.5 Number of, description and uses of all equipment projected to be employed at the facility when operating at full capacity. • • 4.7.6 Systems of records to be maintained, including incoming waste volumes, water quality monitoring results, explosive gas monitoring results, as built construction details, and variations from approved operations procedures. 4.7.7 The size and types of disposal cells or processing areas to be constructed. 4.7.8 The frequency of the application of adequate cover. 4.7.9 The types and heights of fencing to be placed on-site. 4.7.10 Provisions to minimize nuisance conditions on-site. 4.7.11 Provisions for fire protection to eliminate open burning on-site, and to prevent the spread of open burning to adjoining property. 4. 7.12 Provisions for the retrieval of windblown solid wastes, on or off-site. 4.7.13 Conceptual plans to be implemented if the contamination of surface waters or groundwaters occur; or if nuisance conditions are confirmed beyond the site boundary. 4.7.14 The amounts and sources of water to be used on site for the control of nuisance conditions, fire protection, construction purposes and personnel use. 0 851370 TM THE CODE OF DOLORAUt. CCR 10m7-2 '91994 THE PUBLIC RECORD CORPOR. JN ALL RIGHTS RESERVED 7CR9,9-84 Page 1. 18 4.8. Closure Data: The engineering design and operations report shall include, as a minimum, the following closure data: 4.8.1 Provisions for the maintenance of the facility after closure, to prevent or minimize nuisance conditions. 4.8.2 Provisions for the monitoring of explosive gas and groundwater wells or surface water after closure. 4.8.3 Plans for final closure of the facility, including planned final contours of fill surface after closure. 5.1 Issuance of certificates of designation for new facilities for solid waste disposal : Certificates of designation are issued by Boards of Lounty Commissioners in accordance with the requirements for the consideration of applications contained in Sections 30-20-104 and 30-20-105, of the Act. 5.1 .1 Factors to be considered (1 ) In considering an application for a certificate of designation, the board of county commissioners shall take into account: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided for in the Act and such rules and regulations as may be prescribed by the Department; (d) Recommendations by local health departments. (2) Except as provided in the Act, designation of approved solid wastes disposal sites and facilities shall be ditosjudicialry with review byetheard of diistrictunty court of ssioners,appropriate subject appropriate jurisdiction. (3) Prior to the issuance. of a certificate of designation, the board of county commissioners shall require that the report which shall be submitted by the applicant under section 30-20-103 of the Act be reviewed and a recommendation as to approval of disapproval made by the Department and shall be satisf:s.d that the proposed solid waste disposal site and facility conforms to the comprehensive county land use plan, �,'W 861370 THE CODE OF COLORADO REGULATIONS '-2 Page 1.19 if any. The application, report of the department, comprehensive land use plan, and other pertinent information shall be presented to the board of county commimissioners at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing and shall state that the matter to be considered is the applicant's proposal for a solid waste disposal site and facility. The notice shall be published in a newspaper having general circulation in the county in which the proposed solid wastes disposal site and facility is located at least ten but not more than thirty days prior to the date of the hearing. 5.1 .2 If the board of county commissioners deems that a certificate or designation should be granted to the applicant, it shall issue the certificate, and such certificate shall be displayed in a prominent place at the site and facility. The board of county commissioner shall not issue a certificate of roval designation if the department has recommended disppproval to section 30-20-103 of the Act. 5.1 .3 The County Brsnntard a copy of the certificate of designation to the Departme 6.0 These regulations apply to waste impoundments that store, treat or dispose of liquid, semisolid or solid wastes, except as provided in 6.0.4 for facilities in operation prior to adoption of these regulations. 6.0.1 These regulations do not apply to wastes which; A. Are subject to a permit issued pursuant to the Colorado :lined Land Reclamation Act , CRS 1973, 34-32-101, et seq. a_s amended; or E. subject to a lice: s_ issued pursuant to the Radiation Cnntrol Act, CRS 1973, 25-11-101, et sea. as amended; or C. Are subject to a Certificate of Designation or permit issued pursuant to the Hazardous Waste Act, CRS 1973, 25-15-101, et seq. as amended; or D. Are industrial dischar ,es which are point sources subject to permits under the o cv: sions of the Colorado Water Quality Control Act, Gas 1973, 25-8-101, et seq. as amended; or E. Are subject to: a Consent Order, Decree or Agreement; or a Written Cooperative Agreement issued pursuant to e3t the Solid Waste Disposal Sites and Facilities Act, o 30-20-101, et sea. as amended, to the extent that the treatment, storage or disposal of such wastes in a waste T. - impoundment is approved by the Department pursuant to 861370 0 TM 6 CCR 1007-2 THE CODE OF COLORAuv n��. T 1 Z W ‘O rn . P O IC mmil zw C W'H Q O c--` U iT' W 124 ^ z U 41 i-7 cn M W i O 0 U I l I KE use � I ,. * s„ 1911 ¢. et I ( i Ii !$o m , 1W 2 I U 3 �/ 4 9f !4 4 7i a PS Form 3811.July 1968 447-846 - {iarjp/ 2'Y!_� DOMESTIC RETURN RECEIPT Hello