BY REPRESENTATIVE Smith;
also SENATORS J. Johnson, Arnold, and Powers.
CONCERNING THE EXCLUSION OF CERTAIN SCRAP METALS
FROM REGULATION AS SOLID WASTE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Legislative
declaration. (1) The general
assembly hereby finds and declares that:
(a) The federal environmental protection
agency has found in 62 Fed. Reg. 25998 (1997) that scrap metal,
including shredded circuit boards, should not be regulated as
solid waste.
(b) In order to maximize the recovery
and recycling of scrap metal, it is necessary to clarify under
state law that scrap metal, if recycled, is not included within
the definition of solid waste and will not be subject to regulation
as solid waste.
SECTION 2. 3020101,
Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING
NEW SUBSECTIONS to read:
3020101. Definitions.
As used in this part 1, unless the context otherwise requires:
(2.3) "EXCLUDED SCRAP METAL"
MEANS PROCESSED SCRAP METAL, UNPROCESSED HOME SCRAP METAL, AND
UNPROCESSED PROMPT SCRAP METAL.
(2.6) "HOME SCRAP METAL" MEANS
SCRAP METAL GENERATED BY STEEL MILLS, FOUNDRIES, AND REFINERIES,
INCLUDING, BUT NOT LIMITED TO, TURNINGS, CUTTINGS, PUNCHINGS,
AND BORINGS.
(3.5) "PROCESSED SCRAP METAL"
MEANS SCRAP METAL THAT HAS BEEN MANUALLY OR PHYSICALLY ALTERED
TO SEPARATE IT INTO DISTINCT MATERIALS TO ENHANCE ECONOMIC VALUE
OR TO IMPROVE THE HANDLING OF MATERIALS. PROCESSED SCRAP METAL
INCLUDES, BUT IS NOT LIMITED TO:
(a) SCRAP METAL THAT HAS BEEN BALED, SHREDDED,
SHEARED, CHOPPED, CRUSHED, FLATTENED, CUT, MELTED, OR SEPARATED
BY METAL TYPE; AND
(b) FINES, DROSSES, AND RELATED MATERIALS
THAT HAVE BEEN AGGLOMERATED.
(3.7) "PROMPT SCRAP METAL" MEANS
SCRAP METAL GENERATED BY THE METAL WORKING OR FABRICATION INDUSTRIES,
INCLUDING, BUT NOT LIMITED TO, TURNINGS, CUTTINGS, PUNCHINGS,
AND BORINGS. "PROMPT SCRAP METAL" INCLUDES INDUSTRIAL
METAL SCRAP AND NEW SCRAP METAL.
(5.5) "SHREDDED CIRCUIT BOARDS"
MEANS SHREDDED ELECTRONIC CIRCUIT BOARDS THAT:
(a) ARE STORED IN CONTAINERS THAT ARE
SUFFICIENT TO PREVENT ANY RELEASE TO THE ENVIRONMENT PRIOR TO
RECOVERY; AND
(b) DO NOT CONTAIN MERCURY SWITCHES, MERCURY
RELAYS, NICKELCADMIUM BATTERIES, OR LITHIUM BATTERIES.
SECTION 3. 3020101
(6) (b) (V), Colorado Revised Statutes, is amended, and the said
3020101 (6) (b) is further amended BY THE ADDITION
OF THE FOLLOWING NEW SUBPARAGRAPHS, to read:
3020101. Definitions.
As used in this part 1, unless the context otherwise requires:
(6) (b) "Solid waste" does
not include:
(V) Materials handled at facilities licensed
pursuant to the provisions on radiation control in article 11
of title 25, C.R.S.; or
(VII) EXCLUDED SCRAP METAL THAT IS BEING
RECYCLED; OR
(VIII) SHREDDED CIRCUIT BOARDS THAT ARE
BEING RECYCLED.
SECTION 4. Effective
date applicability. This act shall take
effect upon passage and shall apply to materials existing on said
date and materials produced on or after said date.
SECTION 5. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO