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TITLE 30
ARTICLE 20 - ?ART 1
SOLID TASTES DIS?CSAL SITES tiD FACILITIES
30-20-101 Definitions. 30-20-109 Department to Pronulgte
30-20-102 Unlawful to operate site and Rules and Regulations.
Facility Without Certificate 30-20-110 Minimum Standards.
of Des!g ation. 30-20-111 Departments to Render
30-20-103 Application for Certificate. Assistance.
30-20-104 Factors to be considered. 30-20-112 Revocation of Certificate.
30-20-105 Certificate. 30-20-113 Facilities Deemed Public
30-20-106 Private Disposal Prohibited - When. Nuisance - When.
30-20-107 Designation of Exclusive Sites 30-20-114 Violation - Penalty.
and Facilities. 30-20-115 County Solid Wastes
30-20-108 Contracts with Governmental Units Disposal Site and Facility
Authorized. Fund - Tax.
30-20-101. DEFINITIONS. As used in this part 1, unless the context otherwise
requires:
(1) "Approved site or facility" means a site or facility for
which a certificate of designation has been obtained, as
provided in this part 1.
(2) "Department" means the depLctnent of health.
(3) "Person" means an individual, partnership, private or municipal
corporation, firm or other association of persons.
(4) "Recyclable materials" means a type of material that i3 subject
to reuse or recycling.
(5) "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.
(6) "Solid Wastes" means garbage, refuse, sludge of sewage disposal
plants, and other discarded solid materials, including solid
waste materials resulting from industrial, commercial, and
community activities but does not include agricultural wastes.
'Ploc.03y
700388
I I
Solid Wastes Disposal Sites and Facilities
Title 30 - Article 20 - Part 1
(7) "Solid wastes disposal" means the collection , storage,
treatment, utilization, processin_, or final disposal of solid
wastes.
(8) "Solid wastes disposal si to and facility" -leans the location
and facility at which the deposit and final treatment of solid
wastes occur.
(9) Transfer station" .mans a facility at which refuse,
awaiting transportation to a disposal site, is transferred
from one type of collection. vehicle and placed into another.
30-20-102. UNLAWFUL TO OPERATE SITE AND FACILITY WITHOUT CERTIFICATE OF
DESIGNATION EXCEPTION. (1) . Except as provided in subsection (2) of
this section, it is unlawful for any person to operate a solid wastes
disposal site and facility in the unincorporated portion of any
county without first having obtained therefor a certificate of de-
signation from the board of county commissioners of the county
in which such site and facility is located.
(1.5) Any site and facility operated for the purpose of processing ,
reclaiming, or recycling metallic, glass, or cloth solid wastes
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 so long as it is not operated
on the site of a landfill or incineration operation.
(2) The final use for beneficial purposes, including fertilizer,
soil conditioner, fuel, and livestock feed, of sludge which
has been processed and certified or designated as meeting all
applicable regulations of the department and the department
of agriculture shall not require a certificate of designation
for such final use.
30-20-103. APPLICATION FOR CERTIFICATE. Any person desiring to operate a
solid wastes disposal site and facility within the unincorporated
portion of any county shall make application to the board of county
commissioners of the county in which such site and facility is or is
proposed to be located for a certificate of designation. Such
application shall be accompanied by a fee of twenty-five dollars
which shall not be refundable, and it shall set forth the location
of the site and facility; the type of site and facility; the type
of processing to be used, such as sanitary landfill , composting ,
or incineration; the hours of operation; the method of supervision;
the rates to be charged, if any; and such other information as
may be required by the board of county commissioners. The appli-
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Title 33 - Article 20 - Fart 1
cation shall also contain such engineering, geological , hydrological ,
and operational data as may be required by the department by
regulation. The application shall be referred to the department
for review and for recommendation as to approval or disapproval ,
t-tich shall be based upon criteria established by the state hoard
of health, the water quality control commission, and the air
quality control co-r•_issien.
30-20-104. FACTORS TO 3E CONSIIE ED. (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 considrraon 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 this
part 1 and such rules and regulations as may be prescribed
by the department;
(d) Recommendations by local health departments.
(2) Except as provided in this part 1, designation of approved
solid wastes disposal sites and facilities shall be
discretionary with the board of county commissioners, subject
to judicial review by the district court of 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 be reviewed and a recommendation as to approval
or disapproval made by the department and shall be satisfied
that the proposed solid wastes disposal site and facility
conforms to the comprehensive county land use plan, if any.
The application, report of the department, comprehensive
land use plan, and other pertinent information shall be
presented to the board of county commissioners 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.
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Solid Wastes Disposal Sites and Facilities
Title 30 - Article 20 - Part 1
30-20-105. CERTIFICATE. If the board of county commissioners deems that a
certificate of designation should be granted to the applicant, it
shall issue the certi`_'_cate, and such certificate shall be displayed
in a prominent place at the site and facility. The board or coup
ty
commissioners shall mot '_=sue a -ertifcate of desis:.a[ion if the
department has reco-_nended d_sapproval pursuant to section 30-20- 03.
30-20-106. PRIVATE DISPOSAL PROHIBITED — SEEN. Sc private dumping of solid
wastes shall be made on any property :within `,e ..ri nrurpora ted
portion of any county ascett ern or at an ar rovec site :.nc
but private dumping cf one' s _:' n sc_2 i - as:cs on -,re' s o'.0 prcp.irry
shall not be subject to the prcvi3 pus of this cart 1 as loo
as
it does not constitute a public nui_a_nce endangering the health,
safety, and welfare cf others and as long as such duWpnp is
in
accordance with the rules and regulations of the department.
30-20-107. DESIGNATION OF EXCLUSIVE SITES AND FACILITIES. The governing body
of any city, city and county, or incorporated town may by or-
dinance designate and approve one or more solid wastes disposal
sites and facilities, either within or without its corporate limits,
if designated and approved by the board of county commissioners,
as its exclusive solid wastes disposal site and facility or sites
and facilities, and thereafter each such site and facility shall
be used by such city, city and county, or town for the disposal
of its solid wastes; but, prior to any such designation and approval,
such governing body shall hold a public hearing to review the dis-
posal method to be used and the fees to be charged, if any.
30-20-108. CONTRACTS WITH GOVERNMENTAL UNITS AUTHORIZED. (1) An approved
solid wastes disposal site and facility may be operated by any
person pursuant to contract with any governmental unit.
(2) Any city, city and county, county, or incorporated town acting
by itself or in association with any other such governmental
unit nay establish and operate an approved site and facility
under such terms and conditions as may be approved by the
governing bodies of the governmental units involved. In the
event such site and facility is not operated by the governmental
unit involved, any contract to operate such a site and facility
shall be awarded on a competitive bid basis if there is more
than one applicant for a contract to operate such site and
facility.
(3) Any city, city and county, county , or incorporated town acting
by itself or in association with any other such governmental
unit may acquire by condemnation such site as are needed for
trash disposal purposes.
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;: lid Wastes :is:esal Sites sgt '-ac' es
._t__ 30 - Article 20 - Pa: t 1
23-20-109. DEP°.Rf'_ENT TO PROMULGATE RULES :2T REGULATIONS . (1) The
department shall promulgate rules and regulations for the engineering
design and operation of -olid wastes disposal sites and facilities .
which may include:
(a) The estabiis`_nt of engineering design criteria alp' ____ _ ,
but not limited, to protection of surface and subsurface
waters, suitable soil characteristics, distance from
solid wastes generation centers, access routes, dis-
tances from water wells, disposal facility on-site
traffic control patterns , _-sect end rodent control,
methods of solid wastes cc^action in the disposal fill,
confinement of windbic-t debris, recycling operations,
fire prevention, and final closure of the compacted fill ;
(b) The establ'_shwent -of criteria for solid wastes disposal
sites and facilities which will place into operation the
engineering design for such disposal sites and facilities.
30-20-110. MINIMUM STANDARDS. (1) The rules and regulations promulgated
by the department shall, subject to the provisions of section 30-20-; 0 ,
contain the following minimum standards:
(a) Such sites and facilities shall be located, operated,
and maintained in a manner ao as to control obnoxious
odors and prevent rodent and insect breeding and in-
festation, and they shall bo kept a.;aquately covered
during their use.
CO Such sites and facilities Eball comply with the health
laws, standards,- rules, and regulations of the department,
the water quality control commission, and all applicable
zoning laws and ordinances.
(c) No radioactive materials or materials contaminated by
radioactive substances shall be disposed of in sites or
facilities not specifically designated for that purpose.
(d) 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 with suitable material and surface drainage
designed to prevent ponding and 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
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_alit „asses sp i_ osal Sites and
,
Title 30 - Article 20 - Part 1
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; shalt Pc nTaced in r e most Sense vccune
practicable using Ts4stnre and ccnnacticn other met'r�;c
approved by the d nc:cn ^t; small be fire, _-.sect, and
rodent resistant through the application of an adequate
layer of inert material at rerular intervals , and shall
have a min _m of _r.dhi - pdebris which shall be
collected recuiarly and placed into the fill .
(e) Sites and facilities _hall be adecuatcly 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
•
(f) Solid wastes deposited at any site or AND facility shall
not be burned, 0"BER 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) Any provision of section 25-7-108, C.R. S. 1973, 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.
(3) As used in subsection (2) of this section, "noncommercial burning
of trash" includes the burning of wood waste in wigwam wood waste
burners.
30-20-111. DEPARTMENTS TO RENDER ASSISTANCE. The department and local health
departments - shall render technical advice and services to owners and
operators of solid wastes disposal sites and facilities and to muni-
cipalities and counties in order to assure that appropriate measures
are being taken to protect the public health, safety, and welfare.
In addition, the department has the duty to coordinate the solid
wastes program under this part 1 with all other programs within the
department and with the other agencies of state and local government
which are concerned with solid wastes disposal.
30-20-112. REVOCATION OF CERTIFICATE. The board of county commissioners, after
reasonable notice and public hearing, shall temporarily suspend or
revoke a certificate of designation that has been granted by it for
failure of a site and facility to comply with all applicable laws ,
resolutions, and ordinances or to comply with the provisions of this
part 1 or any rule or regulation adopted pursuant thereto.
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lid asres =i_p:sal cc any -es
Title 3C - Article 20 - Part 1
30-20-113. FACILITIES DEEMED PUBLIC NUISANCE - WHEN. Any solid wastes disposal
site and facility found to be abandoned or that is operated or
maintained in a manner so as to violate any e_f the provisions of
this part _ or any rule or regulation adopted pitrsuant thereto shat :
be dezoed a public nuisance , and such violation may be enjoined by
district court of competent urisdiction in any action brought by the
department, the board of county commissioners of the county wherein
the violation occurred, or the gaveri�ine body of the municipality
wherein the violation occurred.
30-20-li4. YI CLAT'_ON - ?FNALTI Any person who violates any provision of this
part 1 is guilty of a nisdcceanor and , upon conviction thereof, shall
be punished by a fine of one hundred dollars , or by imprisonment in
the county jail for not core than thirty days, or by both such fine
and imprisonment. Nothing in this part 1 shall preclude or preempt
a city , a city and county, or an incorporated town from enforcement
of its local ordinances. Each day of violation shall be deemed a
separate offense under this section.
30-20-115. COUNTY SOLID WASTES DISPOSAL SITE AND FACILITY FUND - TAX. Any
county is authorized to establish a county solid wastes disposal
site and facility fund. The board of county commissioners of such
county may levy a solid wastes disposal site and facility tax, in
addition to any other tax authorized by law, on any of the taxable
property within said county, the proceeds of which shall be deposited
to the credit of said fund and appropriated to pay the cost of land ,
labor, equipment, and services needed in the operation of solid
wastes disposal sites and facilities. Any county is also authorized ,
after a public hearing, to fix, modify, and collect service charges
from users of solid wastes disposal sites and facilities for the
purpose of financing the operations at those sites and facilities.
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CCL CR_-JC DEPART•1CNT OF HEALTH
4210 East 11th Avenue
Denver, Colorado 80220
REGULATIONS: SOLID WASTES DISPOSAL SITES AND FACILITIES
AUTHORITY: Chapter 36 , Article 23, CRS 1963 (1967 Perm. Cum. Supp.) as
amended by Chapter 103, Colorado Session Laws 1971.*
The following regulations were adopted by The Colorado State
_card of Health pursuant to Colorado Revised Statutes 1963 ,
Section 3-16-2 as amended *, and Chapter 36 , Article 23, CRS
1963 (1967 Perm. Cum. Supp. ) as amended by Chapter 103, Colorado
Session Laws 1971 , for the designation, operation , maintenance ,
and design of Solid Waste Disposal Sites and Facilities.
Adopted February 16 , 1972
Effective Date April 1 , 1972
Section 1. SCOPE These regulations shall be applicable to all solid waste
disposal sites and facilities , whether designated by ordinance within the
corporate limits of any city, city and county, or incorporated town or by
the Board of County Commissioners in unincorporated areas.
Section 2. DEFINITIONS (1) The following definitions extracted from Section
36-23-1 , CRS 1963, as amended***, shall apply when appearing in these
regulations:
a. "Solid waste" means garbage, refuse , sludge of sewage disposal
plants, and other discarded solid materials , including solid
waste materials resulting from industrial, commercial and from
con:a,unity _ctivities , but shall not include agricultural -caste.
b. "Department" means the Department of Health.
c• "Approval site or facility" means a size or facility for
a "Certificate of Designation" has been obtained, as provided
*Title 30 , Article 20 , CRS
**24-4-102 , CRS 1973
***30_20-101 , CRS 1973
in this act.
d. "Person" means an individual, partnership , private or municipal
corporation, firm, or other association of persons .
e. "Solid waste disposal" means the collection, storage , treatment ,
utilization, processing , or final disposal of solid wastes.
f. "Solid waste disposal site and facility" means the location and
facility at which the deposit and final treatment of solid
wastes occur.
g. "Transfer station" means a facility at which refuse , awaiting
transportation to a disposal site, as transferred from one type
of collection vehicle and placed into another.
h. "Recyclable materials" means a type of material that is subject
to reuse or recycling.
i. "Recycling operation" means that part of a solid waste disposal
facility or a part of general disposal facility at which
recyclable materials may be separated from other materials for
future processing.
Definitions. (2) Other terms used in the statute or regulations are defined
as follows:
a. "Certificate of Designation" means a document issued under
authority of the Board of County Cc^missioners to a person
operating a solid waste disposal site and facility of a
certain type and at a certain location.
b. "Milling-tailings" are that refuse material resulting from the
processing of ore in a mill.
c. "Metallurgical slag" is the cinder or dross waste product
resulting in the refining of metal bearing ores.
d. ":Fining wastes" are either mill-tailings or metallurgical slat
r
or both.
e. A "Junk automobile" is defined to be the hulk or body of a motor
vehicle essentially suitable only for one use as scrap metal.
Junk automobile parts constitute the normally recyclable materials
obtainable from a motor vehicle.
f. "Suspended solids" are finely divided mineral and organic sub-
stances contained in the sewage existing in a sewage system.
"Engineering data" shall mean information describing the area of
g,
disposal sites in acres , a description of the access roads and
roads within the site, a description of fencing enclosing the
disposal site , and overall plan listing the method or methods by
which the disposal site will be filled with refuse and the use to
which it will be placed once the site is filled and closed.
h. "Geological data" shall mean classes of soil to a reasonable
-depth from the ground surface, the location and thickness of
the significant soil classifications throughout the area of the
site and to extend some distance beyond the boundaries of the
site, to include information on ground water elevations , seepage
quantities and water wells 1 ,000 feet beyond the boundary of
the disposal site.
i. "Hydrological data" shall include average , maximum, and minimum
amounts of precipitation for each month of the year , surface
drainage facilities , streams and lakes adjacent to the disposal
site, irrigation water ditches adjacent to the site , wells ,
streams and lakes.
j . "Operational data" shall include a plan for overall supe raision
of the disposal site to include suterJiscry :ersonnel and labor
personnel , equipment and machinery consisting of all items
needed for satisfactory landfill operation, traffic control ,
fire control , cover material, working face, moisture content ,
compaction control, and rodent and insect control.
k. "Sanitary landfill" is the final disposal of solid waste on the
land by a method employing compaction of the refuse and covering
with earth or other inert material.
I. A "Composting plant" is a solid waste disposal facility utilizing
biochemical degradation to change decomposable portions of solid
waste to a humus-like material.
m. "Incineration" is the controlled combustion of solid, liquid or
gaseous waste changing them to gases and to a residue containing
little combustible material.
n. "Hazardous material and toxic substances" are liquid or solids
which can be dangerous to man, animal and plantlife unless
properly neutralized.
o. "Minimum Standards" (See Section 3) shall mean the requirements
which shall be applied to all solid waste disposal sites and
facilities.
p. "Engineering Report Design Criteria" (See Section 4) shall mean
the minimum requirements which shall be applied to new facilities
proposed for designation as a solid waste disposal site and
facility.
Section 3. :1INi:?UM STANDARDS (1) (a) the following minimum standards are
hereby adopted and incorporated herein as directed by Section 36-23-10 CRS
1963, as amended*:
(b) Such site and facilities shall be located , operated , and main-
*30-20-110 , CRS 1973
t
ta_ned in a manner so as to control obnoxious odors , prevent rodent and
insect breeding and infestation, and shall be kept adequately covered
during their use.
- (c) Such sites and facilities shall comply with the health laws ,
standards , rules and regulations of the Department , the Air pollution
Control Commission, the Water Pollution Control Commission , and all eppli-
cable zoning laws and ordinances.
(d) No radioactive material or materials contaminated by radio-
active substances shall be disposed of in sites or facilities not speci-
fically designated for that purpose.
(e) 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 ,
smoke , and shall provide compacted fill material , adequate cover with suit-
able material and surface drainage designed to prevent pending and water and
wind erosion; prevent water and air pollution and, upon being filled, shall
be left in a condition of orderliness , 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 resistent through the appli-
cation of an adequate layer on inert material at regular intervals and shall
have a minimum of windblown debris which shall be collected regularly and
placed into the fill.
(f) Sizes and facilities shall be adequately fenced so as to prevent
waste material and debris from escaping the-=-rm, and material and debris
shall not be allowed to accumulate along the fence line.
(g) Solid wastes deposited at any site or facility shall not be
burned, provided, however, that in extreme emergencies resulting in the
generation of large quantities of combustible naterials , authorization for
burning under controlled conditions may be given by the Department.
Section 4. ENGINEERING REPORT DESIGN CRITERIA
a. The design of a solid waste disposal facility hereinafter
designated shall be such as to protect surface and subsurface
waters from contamination. Surface water from outside the
irrediate working area of the disposal site shall not be
allowed to flow into or through the active disposal area. The
design shall provide for the deflection of rain or melting snow
away from the active area where wastes are being deposited.
As filling continues to completion, the surface shall be sloped
so that water is diverted away from the area where refuse has
been or is being deposited. The design shall include methods
of keeping groundwater out of the area where refuse is deposited.
b. The site shall be designed to protect the quality of water
available in nearby wells. The necessary distance from the
-wells is dependent in part on the direction of flow of groundwater
under the site and the means used in the design to prevent
precipitation falling on the site from reaching the aquifer
in question. Soil characteristics. The soil used for covering
of landfill type operations shall have enough adhesive character-
istics to permit a workable earth cover.
c. The location of the solid waste site and facility should provide
• for convenient access from solid waste generation centers .
d. The access routes shall be designed so as to permit the orderly
and efficient flow of traffic to and from the site as well as on
the site.
Traffic control routes on the site shall permit orderly, P nt
and safe ingress , unloading and egress.
e. The design of the facility shall provide for effective compaction
and cover of refuse materials in such a program as will prevent
the emergence or attraction of insects and rodents.
f. Solid wastes deposited at disposal sites and facilities shall be
compacted prior to covering. Use of moisture or change of
particle size to aid in compaction is recommended.
g. The design shall contemplate the location and construction of
the disposal site and facility in such a manner as will
eliminate the scattering of windblown debris. All solid wastes
discharged at the site shall be confined to the site and any
material escaping from the active discharge area shall be
promptly retrieved and placed in the active discharge area.
h. Recycling operations may be designed to operate at solid waste
disposal sites and facilities , provided such recycling operations
do not interfere with the disposal of other wastes and provided
that such recycle operations are carried out without creation
of a nuisance and rodent and insect breeding.
i. The design shall include such equipment and operational methods
to prevent the burning of solid wastes at the site and to
• extinguish any fires .
j . Final Closure. Prior to closing a solid waste disposal size
except for cause as set forth in Section 36-23-13 CRS as
amended*, the final cover of the deposited solid wastes shall be
graded to the elevations which shall be shown in the initial
design. The cover shall be of such thickness and material as
will preventth.e entrance or emergence of insects , rodents , cr
odors. Such closure elevations shall be such as will provide for
the diversion of rainfall and runoff away from the fill area.
k. A plan and method for protecting solid wastes disposal sites and
facilities against damage from floods shall be a part of the
engineering design.
Section 5. THE REPORT OF THE DEPARTMENT to County Commissioners or municipal
officials , recommending approval or disapproval of the application, shall consist
of a written and signed document made in accordance with criteria established
by the Board of Health , ;pater Pollution Control Commission and Air Pollution
Control Commission.
Section 6 . OPERATION OF A SOLID WASTE DISPOSAL FACILITY
An operational plan for placing into operation the engineering design
for the disposal site and facility is required.
Such a plan shall include the following information:
a. The name or titles of the person or persons who will be in charge
of the disposal site and facility. Such name(s) shall be of
person(s) having the responsibility for the operation as well
as the authority to take all corrective action necessary to
comply with the requirements of this Department.
b. The list of equipment to be used at the disposal site.
c. The hours of operation of the site.
,..1)-^p- li' , C 3 :7;3
Add Section 8. Notification of Violations of an Approved Encireerino _esion
Report
(a) whenever the Department determines that a solid waste disposal
site is no: being operated substantially in accordance with the
criteria provided in the Enoine_ring Design Report cr these
regulations , the operator shall be informed of the nature of
the alleged violation by certified .mil and within ten days
from and after receipt of the letter of citation, he may
request a variance from the Engineering Design Report by making
Written application to the Department stating the grounds for
such request.
(b) The Department shall either approve such request or schedule
the matter for an administrative hearing. If the operator
fails to request a variance, or the Department refuses to
grant a variance after the hearing, the operator shall be
deemed to be in violation of the law and these regulations and
the "Certificate of Designation" shall be subject to suspension,
revocation or injunction as provided in Sections 36-23-13 and
14, CRS 1963, as amended by Chapter 103, Colorado Session Laws
1971*. The Department shall promptly report the action taken to
the Board of County Commissioners.
(c) Any person aggrieved by the decision of the Department may
request a hearing before the State Board of Health and shall be
afforded his right to judicial review as provided in Section
66-1-13, Colorado Revised Statutes 1963**.
Note: These regulations rescind and supersede solid regulations
and standards adopted November 71 , 1967. Effective January 1 , :968.
*30-20-112 and 113 , CRS 1973
-*25-1-113, CRS 1973
GUIDELINES FOR THE REVIEW OF SOLID WASTE DISPOSAL
FACILITIES
The Resource Conservation and Recovery Act of 1976 requires individual
states to form a solid waste management plan. The plan must encourage
long term regional disposal sites which promote resource recovery and
minimize environmental impacts that endanger public health and safety.
The Solid Waste Act, Title 30, Article 20, Part 1 , delegates regulatory
authority between state and local agencies . A Certificate of Designation is
required before an applicant can dispose of any solid waste (as defined in
the Solid Waste Act: 30-20-101 (6) ) on any site . The following guidelines
suggest the minimum technical information usually required for review by the
Division of Radiation and Hazardous Waste Control .
I . Alternative sites' feasibility
II . Size and expected life of site
III. Feasibility of resource recovery - technical and economic
IV. Describe projected site use after closure
V. Engineering geologic data (requires exploratory borings or trenches)
A. It is recommended that the following data be evaluated
to a depth of ten feet beneath the deepest natural or
excavated surface on site.
B. Unconsolidated overburden materials
1 . Soils classification - Unified Soils Classification System.
2. Soil thickness and areal extent
3. Pertinent engineering properties: grain size distribution,
atterburg limits, moisture density and compaction characteristics ,
permeability, etc.
4. Estimated volumes available for cover or liner material ,
C. Bedrock Materials
1 . Rock type, strike, dip and thickness of bedding, joint or
fracture size and spacing, fracture filling material ,
permeability, rippability, etc.
2. Estimated volumes available for liner or cover material .
D. Geologic hazards on or adjacent to the site such as :
1 . rockfall , landslide or debris and mudflow hazards
2. slope stability
3. faulting and folding
4 . erosion potential
5 . mine subsidence
VI . Engineering Hydrologic Data
A. Surface waters
1 . Proximate lakes , rivers, streams , springs or bogs .
2. Site location in relation to i00 year floodplain .
3. Size and slope of contributing drainage basins .
4. Design of diversion and catchment structures for a 25 year,
24 hour precipitation event.
5 . Impoundment of contaminated runoff.
6 . Background surface water samples .
B . Groundwaters
1 . Depth to groundwater - seasonal variations .
2. Wells within one mile radius of site:
depth of well , depth to water, yield, use, casing intervals ,
3. Nearest points of groundwater discharge.
4. Background groundwater samples , as necessary.
5. Major aquifers beneath site .
C. Surface and groundwater monitoring; plans for leachate collection and
treatment.
VII . Operational Data for Solid Waste Disposal
A. Landfills
1 . Location and construction details for access roads .
2. Plans for waste recycling, as applicable.
3. Names of persons in charge of site; having authority to
take corrective action.
4. Slope of fill surface must divert runoff from working face .
5. Refuse cell size, type of construction, location and arrangement.
6. Amount of cover and frequency of application to working face.
7 . Direction of prevailing winds: maximum and average velocities.
B. Provisions for retrieval of windblown debris , on and off the site .
9. Equipment and manpower retained on site.
10. Compactive effort to be applied to refuse and cover material .
11 . Types of waste received and their segregation.
12. Provisions to ventilate methane gas from completed landfill .
13. Measures to prevent or contain insect and rodent infestations .
14. Measures and equipment to extinguish or prevent fires.
15. Hours of operation .
16. Final fill surface contours.
17. Thickness and compaction of final cover.
18. Provisions for maintenance after closure
19. Program of records keeping .
B. Potentially toxic industrial or minino solid waste disposal sites .
1 . All previously listed criteria, as applicable.
2. Chemical concentrations of processing and waste solvents .
3. Chemical concentrations of solid waste.
4. Engineering designs for diversion structures , dams, liners,
dikes, tailings or dump sites .
5. Engineering designs for holding ponds containing solvents and
solutions .
6. Plans for ground and surface water monitoring and long term
site maintenance.
7. Ultimate disposal of solid waste- recycling plans if applicable.
These criteria are applied on a site-to-site basis in the review process.
Applications containing this information will be reviewed more quickly and
efficiently. Four copies should be provided to this Division for review.
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