First Regular Session
Sixty-first General Assembly
LLS NO. 970230.01 MCV
HOUSE BILL 971085
STATE OF COLORADO
BY REPRESENTATIVE Sinclair
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING A PROHIBITION AGAINST RECEIVING MATERIAL
IN COLORADO IF SUCH MATERIAL IS REGULATED IN A MORE RESTRICTIVE
MANNER IN THE STATE OF ORIGIN THAN IN COLORADO.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Prohibits any person from accepting material for
storage or disposal if the material originated in another state
and the storage or disposal of such material is prohibited in
the state of origin or is otherwise regulated in a substantially
more restrictive manner in the state of origin than in Colorado.
Provides that such prohibition is not intended to affect the transport
of such material through the state or the temporary holding of
such material in Colorado in connection with such transport or
to prohibit receipt of material used in manufacturing or for another
commercial purpose.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 2515303, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
2515303. Requirements for hazardous waste treatment, storage, and disposal sites and facilities permits. (9) (a) NO PERSON SHALL ACCEPT RECEIPT OF MATERIAL FOR STORAGE OR DISPOSAL IF SUCH MATERIAL ORIGINATED IN ANOTHER STATE AND THE STORAGE OR DISPOSAL OF SUCH MATERIAL IS PROHIBITED IN THE STATE OF ORIGIN OR IF THE STORAGE OR DISPOSAL OF SUCH MATERIAL IS REGULATED IN A SUBSTANTIALLY MORE RESTRICTIVE MANNER IN THE STATE OF ORIGIN THAN IN COLORADO. FOR THE PURPOSES OF THIS SUBSECTION (9), THE "STATE OF ORIGIN" OF MATERIAL MEANS THE STATE WITHIN WHICH THE MATERIAL WAS PRODUCED. THE TRANSFER OF SUCH MATERIAL TO OR STORAGE OF SUCH MATERIAL IN A STATE THAT DOES NOT PROHIBIT STORAGE OR DISPOSAL OF SUCH MATERIAL OR REGULATE SUCH STORAGE OR DISPOSAL IN A SUBSTANTIALLY MORE RESTRICTIVE MANNER THAN COLORADO DOES NOT AFFECT THE PROHIBITION AGAINST RECEIPT OF SUCH MATERIAL IN COLORADO.
(b) THE PROVISIONS OF THIS SUBSECTION (9) ARE NOT INTENDED TO:
(I) AFFECT THE TRANSPORT OF MATERIAL THROUGH COLORADO OR TO AFFECT THE TEMPORARY HOLDING OF SUCH MATERIAL IN COLORADO IN CONNECTION WITH SUCH TRANSPORT; OR
(II) PROHIBIT THE RECEIPT OF MATERIAL THAT HAS COMMERCIAL USE OR VALUE AND THAT IS RECEIVED FOR USE IN MANUFACTURING OR FOR ANOTHER COMMERCIAL PURPOSE.
SECTION 2. Effective date applicability. This act shall take effect upon passage and shall apply to offenses committed on or after said date.
SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.