Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0434.01 MCV HOUSE BILL 97­1272

STATE OF COLORADO

BY REPRESENTATIVE Adkins;

also SENATOR Schroeder.

REREVISED

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING CLARIFICATION OF SOLID WASTE REGULATORY AUTHORITY.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Declares that it is the responsibility of the state board of health and the department of public health and environment to establish regulations for the engineering design and operation of solid wastes disposal sites and facilities. Declares that it is the responsibility of the municipal or county governing body having jurisdiction to ensure that the siting of a site and facility is compatible with land use planning.

Provides that a governing body having jurisdiction considering an application for a proposed solid wastes disposal site and facility may consider only the factors provided in the statutes. Modifies the factor regarding recommendations by local health departments to refer only to recommendations applying regulations of the state board of health or the department of public health and environment.

Provides that local regulations, ordinances, or resolutions adopted on or after July 1, 1997, that concern the engineering design and operation of a solid wastes disposal site and facility and that conflict with or are more stringent than regulations of the state board of health or the department of public health and environment are null and void. Provides that such regulations, ordinances, or resolutions adopted before July 1, 1997, may not be applied to an application for a certificate of designation.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  30­20­100.5 (1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:

30­20­100.5.  Legislative declaration. (1)  The general assembly hereby finds and declares that:

(e)  IT IS THE RESPONSIBILITY OF THE STATE BOARD OF HEALTH AND THE DEPARTMENT TO ESTABLISH REGULATIONS FOR THE ENGINEERING DESIGN AND OPERATION OF SOLID WASTES DISPOSAL SITES AND FACILITIES PURSUANT TO SECTION 30­20­109 AND TO CONSIDER THE FOLLOWING IN REVIEWING ANY APPLICATION FOR A SITE AND FACILITY: LOCAL GEOLOGIC, HYDROLOGIC, HYDROGEOLOGIC, AND OTHER ENVIRONMENTAL CONCERNS; LOCAL SOIL CHARACTERISTICS, RECLAMATION STANDARDS, AND COVER REQUIREMENTS; AND LOCALLY DESIGNATED AREAS OF SCENIC, WILDLIFE, OR UNIQUE INTEREST.

(f)  IT IS THE RESPONSIBILITY OF THE GOVERNING BODY HAVING JURISDICTION TO ENSURE THAT THE SITING OF A SOLID WASTES DISPOSAL SITE AND FACILITY IS COMPATIBLE WITH LAND USE PLANNING WITHIN ITS JURISDICTION.

SECTION 2.  The introductory portion to 30­20­104 (1) and 30­20­104 (1) (d), Colorado Revised Statutes, 1986 Repl. Vol., as amended, are amended to read:

30­20­104.  Factors to be considered. (1)  In considering an application for a proposed solid wastes disposal site and facility, the governing body having jurisdiction shall take into account CONSIDER ONLY THE FOLLOWING FACTORS:

(d)  Recommendations by local health departments APPLYING THE REGULATIONS OF THE STATE BOARD OF HEALTH OR THE DEPARTMENT.

SECTION 3.  30­20­109 (1) (a), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended, and the said 30­20­109 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:

30­20­109.  State board of health to promulgate rules and regulations ­ repeal. (1)  The state board of health shall promulgate rules and regulations for the engineering design and operation of solid wastes disposal sites and facilities, which may include:

(a)  The establishment of engineering design criteria applicable, but not limited, to protection of surface and subsurface waters, suitable soil characteristics, distance from solid wastes generation centers, access routes, distance from water wells, disposal facility on­site traffic control patterns, insect and rodent control, methods of solid wastes compaction in the disposal fill, confinement of windblown debris, recycling operations, fire prevention, and final closure of the compacted fill;

(1.5)  FOR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "OPERATION" MEANS THE ACTIVITIES OF A SOLID WASTES DISPOSAL SITE AND FACILITY THAT OCCUR WITHIN THE GEOGRAPHIC BOUNDARIES OF THE SITE AND FACILITY.

(5)  ANY REGULATION, ORDINANCE, OR RESOLUTION ADOPTED BY A GOVERNING BODY HAVING JURISDICTION OR A LOCAL HEALTH DEPARTMENT ON OR AFTER JULY 1, 1997, CONCERNING THE ENGINEERING DESIGN AND OPERATION OF A SOLID WASTES DISPOSAL SITE AND FACILITY THAT CONFLICTS WITH OR IS MORE STRINGENT THAN REGULATIONS ADOPTED BY THE STATE BOARD OF HEALTH OR THE DEPARTMENT IS NULL AND VOID. ANY REGULATION, ORDINANCE, OR RESOLUTION ADOPTED BY A GOVERNING BODY HAVING JURISDICTION OR A LOCAL HEALTH DEPARTMENT BEFORE JULY 1, 1997, CONCERNING THE ENGINEERING DESIGN AND OPERATION OF A SOLID WASTES DISPOSAL SITE AND FACILITY THAT CONFLICTS WITH OR IS MORE STRINGENT THAN REGULATIONS ADOPTED BY THE STATE BOARD OF HEALTH OR THE DEPARTMENT MAY NOT BE APPLIED AFTER JULY 1, 1997, TO ANY APPLICATION FOR A CERTIFICATE OF DESIGNATION OR TO ANY APPLICATION FOR AN AMENDMENT TO, OR MODIFICATION OF, A CERTIFICATE OF DESIGNATION.

(6)  NOTHING IN THIS SECTION SHALL BE INTERPRETED TO AFFECT THE POLICE POWERS PROVIDED IN SECTION 30­15­401.

SECTION 4.  Part 1 of article 20 of title 30, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

30­20­109.5.  County sites and facilities ­ compliance with all county requirements. ANY SOLID WASTES DISPOSAL SITE AND FACILITY OWNED OR OPERATED BY A COUNTY IS REQUIRED TO COMPLY WITH ALL ORDINANCES, RESOLUTIONS, OR REGULATIONS ADOPTED BY SUCH COUNTY OR THE COUNTY HEALTH DEPARTMENT GOVERNING THE DESIGN OR OPERATION OF SOLID WASTES DISPOSAL SITES AND FACILITIES.

SECTION 5.  30­20­110 (1), Colorado Revised Statutes, 1986 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

30­20­110.  Minimum standards. (1)  The rules and regulations promulgated by the department shall contain the following minimum standards:

(g)  LOCAL IMPACTS AND LOCAL CONCERNS SHALL BE CONSIDERED BY THE DEPARTMENT IN REVIEWING ANY APPLICATION FOR A SOLID WASTES DISPOSAL SITE AND FACILITY. LOCAL IMPACTS AND LOCAL CONCERNS TO BE CONSIDERED SHALL INCLUDE, BUT ARE NOT LIMITED TO: GEOLOGIC, HYDROLOGIC, HYDROGEOLOGIC, OR OTHER ENVIRONMENTAL CONCERNS; SOIL CHARACTERISTICS, RECLAMATION STANDARDS, AND COVER REQUIREMENTS; AND LOCALLY DESIGNATED AREAS OF SCENIC, WILDLIFE, OR UNIQUE INTEREST.

SECTION 6.  30­20­113 (3), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:

30­20­113.  Enforcement ­ civil penalty. (3)  Nothing in this section shall preclude or preempt the authority of a county or municipality to adopt or enforce its own local resolutions or ordinances; EXCEPT THAT A LOCAL RESOLUTION OR ORDINANCE CONCERNING THE ENGINEERING DESIGN AND OPERATION OF A SOLID WASTES DISPOSAL SITE AND FACILITY MAY NOT CONFLICT WITH OR BE MORE STRINGENT THAN ANY REGULATION ADOPTED BY THE STATE BOARD OF HEALTH OR THE DEPARTMENT.

SECTION 7.  Effective date. This act shall take effect July 1, 1997.

SECTION 8.  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.