First Regular Session
Sixty-first General Assembly
LLS NO. 970182.01 MCV
HOUSE BILL 971130
STATE OF COLORADO
BY REPRESENTATIVE McPherson;
also SENATOR Hopper.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING SOLID WASTE DISPOSAL, AND, IN CONNECTION
THEREWITH, PROHIBITING A SOLID WASTES DISPOSAL SITE AND FACILITY
FROM RECEIVING SLUDGE, INDUSTRIAL WASTE, OR SPECIAL WASTE UNLESS
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT HAS APPROVED AN
INDUSTRIAL AND SPECIAL WASTE MANAGEMENT PLAN FOR SUCH SITE AND
FACILITY.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Requires any solid wastes site and facility subject to federal regulation to submit a plan to the department of public health and environment demonstrating compliance with the regulatory standards established by the department. Requires that such plans for existing sites and facilities be submitted no later than July 1, 1998. Provides that any change to a site and facility's waste stream, design, or operations plan described in such compliance plan is not subject to review and approval by the governing body of the county or municipality if the department of public health and environment has approved the change.
Requires solid wastes disposal sites and facilities to manage sludge, industrial waste, and special waste in a manner that protects human health and the environment. Prohibits any site and facility from receiving such waste unless such site and facility has filed an industrial and special waste management plan and the department has approved such plan. Allows existing sites and facilities to continue receiving such wastes until January 1, 1998. Provides that changes to a site and facility's waste stream, design, or operations plan that are described in an approved industrial and special waste management plan or amendment to such plan are not subject to review and approval by the governing body of the municipality or county having jurisdiction if such changes have been approved by the department of public health and environment.
Upon receiving an industrial waste and special waste management plan or an amendment to such a plan, requires the department of public health and environment to schedule an open meeting, mail a notice regarding such plan and meeting to the municipality or county, and publish a notice regarding such plan and meeting in a newspaper of general circulation in the county.
Clarifies that the wastes that a county or municipality may require be placed in exclusive solid wastes disposal sites and facilities designated by the county or municipality are wastes generated by facilities owned or operated by such county or municipality.
Eliminates the authority of a county or municipality
to establish service charges for users of transfer stations.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 3020103, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:
3020103. Application for certificate. (4) ANY SOLID WASTES DISPOSAL SITE AND FACILITY SUBJECT TO 40 C.F.R. PART 258 SHALL SUBMIT A PLAN TO THE DEPARTMENT THAT DEMONSTRATES THE COMPLIANCE OF SUCH SITE AND FACILITY WITH THE STANDARDS FOR SOLID WASTES DISPOSAL SITES AND FACILITIES CONTAINED IN THE RULES OF THE DEPARTMENT, 6 CCR 10072, SECTION 3.0. SUCH SITES AND FACILITIES SHALL SUBMIT SUCH PLANS PURSUANT TO THE SCHEDULE ESTABLISHED BY THE DEPARTMENT, BUT IN NO EVENT SHALL PLANS FOR SITES AND FACILITIES HAVING CERTIFICATES OF DESIGNATION BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (4) BE SUBMITTED LATER THAN JULY 1, 1998. NOTWITHSTANDING ANY LOCAL ORDINANCE, REGULATION, RULE, OR OTHER REVIEW PROVISION OF THE GOVERNING BODY HAVING JURISDICTION OR ANY OTHER PROVISION OF LAW, ANY CHANGE TO A SITE AND FACILITY'S WASTE STREAM, DESIGN, OR OPERATIONS PLAN, AS DESCRIBED IN THE COMPLIANCE PLAN SUBMITTED BY THE SITE AND FACILITY, IS NOT SUBJECT TO REVIEW AND APPROVAL BY THE GOVERNING BODY HAVING JURISDICTION IF THE DEPARTMENT HAS APPROVED SUCH CHANGE.
(5) (a) A SOLID WASTES DISPOSAL SITE AND FACILITY SHALL MANAGE SLUDGE, INDUSTRIAL WASTE, AND SPECIAL WASTE IN A MANNER THAT PROTECTS HUMAN HEALTH AND THE ENVIRONMENT. A SITE AND FACILITY MAY NOT RECEIVE SUCH WASTES UNLESS SUCH SITE AND FACILITY HAS FILED AN INDUSTRIAL AND SPECIAL WASTE MANAGEMENT PLAN OR AMENDMENT TO SUCH A PLAN WITH THE DEPARTMENT AND THE DEPARTMENT HAS APPROVED SUCH PLAN OR AMENDMENT; EXCEPT THAT A SITE AND FACILITY THAT HAD A CERTIFICATE OF DESIGNATION BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (5) AND THAT RECEIVED SUCH WASTES BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (5) MAY CONTINUE TO RECEIVE SUCH WASTES UNTIL JANUARY 1, 1998. A SITE AND FACILITY HAVING A CERTIFICATE OF DESIGNATION BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (5) THAT RECEIVED SUCH WASTES BEFORE SUCH DATE MAY NOT RECEIVE SUCH WASTES AFTER JANUARY 1, 1998, UNLESS THE SITE AND FACILITY FILES AN INDUSTRIAL AND SPECIAL WASTE MANAGEMENT PLAN OR AN AMENDMENT TO SUCH A PLAN WITH THE DEPARTMENT AND THE DEPARTMENT APPROVES SUCH PLAN OR AMENDMENT. ANY INDUSTRIAL WASTE MANAGEMENT PLAN OR AMENDMENT TO SUCH PLAN FILED WITH THE DEPARTMENT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (5) SHALL INCLUDE A MANAGEMENT PLAN FOR SLUDGE, INDUSTRIAL WASTE, AND SPECIAL WASTE IF SUCH SITE AND FACILITY INTENDS TO RECEIVE SUCH WASTE. WITH RESPECT TO ANY INDUSTRIAL AND SPECIAL WASTE MANAGEMENT PLAN OR AMENDMENT TO SUCH PLAN FILED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (5), THE DEPARTMENT SHALL:
(I) SCHEDULE AN OPEN MEETING FOR THE PURPOSE OF SOLICITING COMMENTS ON THE PLAN OR AMENDMENT;
(II) AT LEAST TEN DAYS PRIOR TO SUCH OPEN MEETING, MAIL A WRITTEN NOTICE TO THE GOVERNING BODY HAVING JURISDICTION DESCRIBING SUCH PLAN OR AMENDMENT AND PROVIDING THE DATE OF THE OPEN MEETING; AND
(III) AT LEAST TWO WEEKS PRIOR TO SUCH OPEN MEETING, PUBLISH A NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE SOLID WASTES DISPOSAL SITE AND FACILITY IS LOCATED DESCRIBING SUCH PLAN OR AMENDMENT AND PROVIDING THE DATE OF THE OPEN MEETING.
(b) NOTWITHSTANDING ANY LOCAL ORDINANCE, REGULATION, RULE, OR OTHER REVIEW PROVISION OF THE GOVERNING BODY HAVING JURISDICTION OR ANY OTHER PROVISION OF LAW, IF ANY CHANGE TO A SITE AND FACILITY'S WASTE STREAM, DESIGN, OR OPERATION PLAN IS DESCRIBED IN THE SITE AND FACILITY'S SPECIAL AND INDUSTRIAL WASTE MANAGEMENT PLAN OR AMENDMENT TO SUCH PLAN, THEN SUCH CHANGE IS NOT SUBJECT TO REVIEW AND APPROVAL BY THE GOVERNING BODY HAVING JURISDICTION IF THE DEPARTMENT HAS APPROVED SUCH CHANGE.
(c) THE DEPARTMENT'S REVIEW OF AN INDUSTRIAL AND SPECIAL WASTE MANAGEMENT PLAN OR AMENDMENT TO SUCH PLAN PURSUANT TO THIS SUBSECTION (5) SHALL INCLUDE CONSIDERATION OF THE COMPATIBILITY OF THE WASTE WITH THE SITE AND THE FACILITY'S LINER, LEACHATE COLLECTION SYSTEM, GROUNDWATER MONITORING SYSTEM, WASTE SCREENING, AND WASTE ACCEPTANCE PRACTICES.
SECTION 2. 3020107, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
3020107. Designation of
exclusive sites and facilities. The governing
body of any county or municipality may by ordinance 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 governing body having jurisdiction, as its
AN exclusive solid wastes disposal site and facility or sites
and facilities and thereafter each
such site and facility shall be used by such county or municipality
for the disposal of its solid wastes
SOLID WASTE GENERATED AT FACILITIES OWNED OR OPERATED BY SUCH
COUNTY OR MUNICIPALITY; but, prior to any such designation and
approval, such governing body shall hold a public hearing to review
the disposal method to be used and the fees to be charged, if
any.
SECTION 3. 3020115, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
3020115. Solid wastes disposal
site and facility fund tax fees.
Any governing body having jurisdiction is authorized to establish
a solid wastes disposal site and facility fund. The governing
body having jurisdiction may levy a solid wastes disposal site
and facility tax, in addition to any other tax authorized by law,
on the taxable property within such county or municipality, 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 and for any other solid wastes management purpose
in or on behalf of that county or municipality. Any governing
body having jurisdiction is also authorized, after a public hearing,
to fix, modify, and collect service charges from users of solid
wastes disposal sites and facilities or
transfer stations for the purpose
of financing solid wastes management in that county or municipality.
In the event that a countywide solid waste disposal site and facility
tax has been imposed with the consent of a majority of the voters
in the county, that tax may continue to be collected countywide
and may accrue to the county's solid waste disposal site and facility
fund, notwithstanding any subsequent taxes as may be levied by
any municipalities within the county under this section.
SECTION 4. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.