First Regular Session
Sixty-second General Assembly
LLS NO. 99-0333.01 Jane Brown HOUSE BILL 99-1064
STATE OF COLORADO
BY REPRESENTATIVE Clarke
LOCAL GOVERNMENT
A BILL FOR AN ACT
101 CONCERNING ADDITIONAL RESTRICTIONS ON APPLICATIONS FOR
102 HIGH-IMPACT SOLID WASTE MANAGEMENT FACILITIES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates a rebuttable presumption against approving any
application to build or operate a high-impact solid waste management
facility that is within a 12-mile radius of a similar facility, a superfund
site, or a disposal site for radioactive waste. Such presumption may be
rebutted by a showing that no other suitable site is available within the
disposal district or a 12-mile radius of the site because of geological
constraints or evidence that other sites are inappropriate because all such
sites conflict with existing comprehensive land use plans, disturb the
habitat of a recognized endangered species, will adversely affect the
public use of a local, state, or federal facility, or are in a 100-year
floodplain.
Requires that any application for the construction or operation of
a high-impact solid waste management facility include findings by the
host communities with respect to the above-described rebuttable
presumption.
Repeals the existing exemption of transfer stations from state
regulation as a solid wastes disposal site and facility.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 25-15-200.3, Colorado Revised Statutes, is
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 amended BY THE ADDITION OF A NEW SUBSECTION to read:
2 25-15-200.3. Definitions. As used in this part 2, unless the
3 context otherwise requires:
4 (5.5) "HIGH-IMPACT SOLID WASTE MANAGEMENT FACILITY" HAS
5 THE SAME MEANING AS SET FORTH IN SECTION 30-20-101 (2.5), C.R.S.
6 SECTION 2. 25-15-203 (1), Colorado Revised Statutes, is
7 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
8 25-15-203. Grounds for approval. (1) The board of county
9 commissioners or the governing body of the municipality, as the case may
10 be, may approve an application for a certificate of designation only upon
11 a finding of all of the following factors:
12 (g) HOST COMMUNITIES HAVE DETERMINED THAT THE SITE MEETS
13 ALL CRITERIA SET FORTH IN SUBSECTION (1.8) OF THIS SECTION
14 CONCERNING THE REBUTTABLE PRESUMPTION AGAINST APPROVAL OF
15 CERTAIN APPLICATIONS. THIS PARAGRAPH (g) SHALL APPLY ONLY TO
16 APPLICATIONS CONCERNING HIGH-IMPACT SOLID WASTE MANAGEMENT
17 FACILITIES.
18 SECTION 3. 25-15-203, Colorado Revised Statutes, is amended
19 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
20 read:
21 25-15-203. Grounds for approval. (1.5) NOTWITHSTANDING
22 ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE DEPARTMENT
23 SHALL NOT PROCESS ANY APPLICATION FOR A HIGH-IMPACT SOLID WASTE
24 MANAGEMENT FACILITY UNTIL HOST COMMUNITIES HAVE ISSUED
25 DEFINITIVE FINDINGS THAT THE SITE MEETS ALL NECESSARY CRITERIA SET
26 FORTH IN SUBSECTION (1.8) OF THIS SECTION.
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1 (1.8) THERE SHALL BE A REBUTTABLE PRESUMPTION AGAINST THE
2 APPROVAL OF ANY APPLICATION TO BUILD OR OPERATE A HIGH-IMPACT
3 SOLID WASTE MANAGEMENT FACILITY WITHIN A TWELVE-MILE RADIUS OF
4 ANOTHER HIGH-IMPACT SOLID WASTE MANAGEMENT FACILITY, A SITE
5 LISTED ON THE NATIONAL PRIORITIES LIST PURSUANT TO THE FEDERAL
6 "COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
7 LIABILITY ACT OF 1980", AS AMENDED, A PERMANENT DISPOSAL SITE OR
8 FACILITY FOR RADIOACTIVE MATERIALS AS DEFINED IN SECTION 25-11-101
9 (3), OR A URANIUM MILL TAILINGS DISPOSAL SITE AS SET FORTH IN SECTION
10 25-11-302. SUCH PRESUMPTION SHALL BE HONORED BY THE DEPARTMENT,
11 ANY GOVERNING BODY HAVING JURISDICTION OVER THE SITE, AND ANY
12 OTHER GOVERNMENTAL ENTITY WITH ZONING AUTHORITY CONCERNING
13 SUCH FACILITY. SUCH PRESUMPTION MAY BE REBUTTED BY A SHOWING
14 THAT NO OTHER SUITABLE SITE IS AVAILABLE FOR THE FACILITY WITHIN
15 THE DISPOSAL DISTRICT, AS DESCRIBED IN SECTION 30-20-202 (1), C.R.S.,
16 OR, IF THE SITE IS NOT WITHIN A DISPOSAL DISTRICT, WITHIN A
17 TWELVE-MILE RADIUS OF THE SITE EITHER BECAUSE OF GEOLOGICAL
18 CONSTRAINTS AT SUCH OTHER SITES OR BECAUSE ANY OTHER POTENTIAL
19 SITE:
20 (a) CONFLICTS WITH EXISTING COMPREHENSIVE LAND USE PLANS
21 OF A LOCAL GOVERNMENTAL ENTITY;
22 (b) DISTURBS THE HABITAT OF AN ENDANGERED SPECIES, AS
23 RECOGNIZED BY THE UNITED STATES FISH AND WILDLIFE SERVICE OR THE
24 COLORADO DEPARTMENT OF NATURAL RESOURCES;
25 (c) WILL ADVERSELY AFFECT THE PUBLIC USE OF A LOCAL, STATE,
26 OR FEDERAL FACILITY, INCLUDING PARKS AND WILDLIFE MANAGEMENT
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1 AREAS; OR
2 (d) IS LOCATED WITHIN A ONE-HUNDRED-YEAR FLOODPLAIN,
3 REDUCES THE TEMPORARY WATER STORAGE CAPACITY OF A FLOODPLAIN,
4 OR WOULD RESULT IN SUCH A DISPERSAL, LEACHING, OR SEEPAGE OF THE
5 SOLID WASTE AS WOULD POSE A HAZARD TO HUMAN HEALTH OR THE
6 ENVIRONMENT.
7 SECTION 4. 25-15-502, Colorado Revised Statutes, is amended
8 BY THE ADDITION OF A NEW SUBSECTION to read:
9 25-15-502. Definitions. As used in this part 5, unless the context
10 otherwise requires:
11 (4) "HIGH-IMPACT SOLID WASTE MANAGEMENT FACILITY" HAS THE
12 SAME MEANING AS SET FORTH IN SECTION 30-20-101 (2.5), C.R.S.
13 SECTION 5. 25-15-505 (1) (c) and (1) (d), Colorado Revised
14 Statutes, are amended, and the said 25-15-505 (1) is further amended BY
15 THE ADDITION OF A NEW PARAGRAPH, to read:
16 25-15-505. Grounds for approval. (1) A governing body
17 having jurisdiction shall approve or disapprove an application for a
18 hazardous waste incinerator site certificate of designation within one
19 hundred eighty days after receiving such application. Such governing
20 body having jurisdiction may approve an application for a certificate of
21 designation upon a finding of all of the following factors:
22 (c) That the applicant, taking into account such applicant's prior
23 performance records, if any, in the treatment, storage, disposal, or
24 incineration of hazardous waste, has documented sufficient reliability,
25 expertise, and competency to operate and manage the proposed hazardous
26 waste incinerator; and
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1 (d) That the proposed site conforms to the comprehensive land use
2 plans and relevant land use regulations of the governing body having
3 jurisdiction; except that, to the extent the commission has promulgated a
4 regulation imposing a condition on incinerator operation pursuant to
5 section 25-15-302, such comprehensive land use plans and regulations
6 shall not impose a condition more stringent than that contained in such
7 state regulation; AND
8 (e) HOST COMMUNITIES HAVE DETERMINED THAT THE SITE MEETS
9 ALL CRITERIA SET FORTH IN SUBSECTION (3.5) OF THIS SECTION
10 CONCERNING THE REBUTTABLE PRESUMPTION AGAINST APPROVAL OF
11 CERTAIN APPLICATIONS. THIS PARAGRAPH (e) SHALL APPLY ONLY TO
12 APPLICATIONS CONCERNING HIGH-IMPACT SOLID WASTE MANAGEMENT
13 FACILITIES.
14 SECTION 6. 25-15-505 (3), Colorado Revised Statutes, is
15 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
16 25-15-505. Grounds for approval. (3) (c) NOTWITHSTANDING
17 ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE DEPARTMENT
18 SHALL NOT PROCESS ANY APPLICATION FOR A HIGH-IMPACT SOLID WASTE
19 MANAGEMENT FACILITY UNTIL HOST COMMUNITIES HAVE ISSUED
20 DEFINITIVE FINDINGS THAT THE SITE MEETS ALL NECESSARY CRITERIA SET
21 FORTH IN SUBSECTION (3.5) OF THIS SECTION.
22 SECTION 7. 25-15-505, Colorado Revised Statutes, is amended
23 BY THE ADDITION OF A NEW SUBSECTION to read:
24 25-15-505. Grounds for approval. (3.5) THERE SHALL BE A
25 REBUTTABLE PRESUMPTION AGAINST THE APPROVAL OF ANY APPLICATION
26 TO BUILD OR OPERATE A HIGH-IMPACT SOLID WASTE MANAGEMENT
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1 FACILITY WITHIN A TWELVE-MILE RADIUS OF ANOTHER HIGH-IMPACT SOLID
2 WASTE MANAGEMENT FACILITY, A SITE LISTED ON THE NATIONAL
3 PRIORITIES LIST PURSUANT TO THE FEDERAL "COMPREHENSIVE
4 ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF
5 1980", AS AMENDED, A PERMANENT DISPOSAL SITE OR FACILITY FOR
6 RADIOACTIVE MATERIALS AS DEFINED IN SECTION 25-11-101 (3), OR A
7 URANIUM MILL TAILINGS DISPOSAL SITE AS SET FORTH IN SECTION
8 25-11-302. SUCH PRESUMPTION SHALL BE HONORED BY THE DEPARTMENT,
9 ANY GOVERNING BODY HAVING JURISDICTION OVER THE SITE, AND ANY
10 OTHER GOVERNMENTAL ENTITY WITH ZONING AUTHORITY CONCERNING
11 SUCH FACILITY. SUCH PRESUMPTION MAY BE REBUTTED BY A SHOWING
12 THAT NO OTHER SUITABLE SITE IS AVAILABLE FOR THE FACILITY WITHIN
13 THE DISPOSAL DISTRICT, AS DESCRIBED IN SECTION 30-20-202 (1), C.R.S.,
14 OR, IF THE SITE IS NOT WITHIN A DISPOSAL DISTRICT, WITHIN A
15 TWELVE-MILE RADIUS OF THE SITE EITHER BECAUSE OF GEOLOGICAL
16 CONSTRAINTS AT SUCH OTHER SITES OR BECAUSE ANY OTHER POTENTIAL
17 SITE:
18 (a) CONFLICTS WITH EXISTING COMPREHENSIVE LAND USE PLANS
19 OF A LOCAL GOVERNMENTAL ENTITY;
20 (b) DISTURBS THE HABITAT OF AN ENDANGERED SPECIES, AS
21 RECOGNIZED BY THE UNITED STATES FISH AND WILDLIFE SERVICE OR THE
22 COLORADO DEPARTMENT OF NATURAL RESOURCES;
23 (c) WILL ADVERSELY AFFECT THE PUBLIC USE OF A LOCAL, STATE,
24 OR FEDERAL FACILITY, INCLUDING PARKS AND WILDLIFE MANAGEMENT
25 AREAS; OR
26 (d) IS LOCATED WITHIN A ONE-HUNDRED-YEAR FLOODPLAIN,
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1 REDUCES THE TEMPORARY WATER STORAGE CAPACITY OF A FLOODPLAIN,
2 OR WOULD RESULT IN SUCH A DISPERSAL, LEACHING, OR SEEPAGE OF THE
3 SOLID WASTE AS WOULD POSE A HAZARD TO HUMAN HEALTH OR THE
4 ENVIRONMENT.
5 SECTION 8. 30-20-100.5, Colorado Revised Statutes, is
6 amended BY THE ADDITION OF A NEW SUBSECTION to read:
7 30-20-100.5. Legislative declaration. (2) THE GENERAL
8 ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT, WHILE
9 HIGH-IMPACT SOLID WASTE MANAGEMENT FACILITIES ARE ESSENTIAL,
10 SOME FACILITIES MAY PLACE A HARDSHIP ON THE HOST COMMUNITY
11 WITHOUT AWARDING RECIPROCAL BENEFITS TO THE LOCAL RESIDENTS OF
12 SUCH COMMUNITY. THE GENERAL ASSEMBLY FURTHER FINDS THAT
13 NATIONAL TRENDS INDICATE A TENDENCY TO CONCENTRATE HIGH-IMPACT
14 SOLID WASTE MANAGEMENT FACILITIES IN LOWER-INCOME OR MINORITY
15 COMMUNITIES. THE GENERAL ASSEMBLY HEREBY DECLARES THAT THIS
16 STATE SHALL TAKE SUCH MEASURES AS ARE NECESSARY TO PREVENT ANY
17 COMMUNITY IN THIS STATE FROM BECOMING AN INVOLUNTARY HOST TO
18 HIGH-IMPACT SOLID WASTE MANAGEMENT FACILITIES.
19 SECTION 9. 30-20-101 (2.3), (2.5), and (2.7), Colorado Revised
20 Statutes, are amended, and the said 30-20-101 is further amended BY
21 THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to
22 read:
23 30-20-101. Definitions. As used in this part 1, unless the context
24 otherwise requires:
25 (2.1) "EXCLUDED SCRAP METAL" MEANS PROCESSED SCRAP METAL,
26 UNPROCESSED HOME SCRAP METAL, AND UNPROCESSED PROMPT SCRAP
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1 METAL.
2 (2.2) "GOVERNING BODY HAVING JURISDICTION" MEANS THE
3 BOARD OF COUNTY COMMISSIONERS IF A SITE AND FACILITY IS LOCATED IN
4 ANY UNINCORPORATED PORTION OF A COUNTY AND MEANS THE
5 GOVERNING BODY OF THE APPROPRIATE MUNICIPALITY IF A SITE AND
6 FACILITY IS LOCATED WITHIN AN UNINCORPORATED AREA.
7 (2.3) "Excluded scrap metal" means processed scrap metal,
8 unprocessed home scrap metal, and unprocessed prompt scrap metal.
9 "HAZARDOUS WASTE" HAS THE SAME MEANING AS SET FORTH IN SECTION
10 25-15-101 (6), C.R.S.
11 (2.4) "HAZARDOUS WASTE DISPOSAL SITE" HAS THE SAME MEANING
12 AS SET FORTH IN SECTION 25-15-200.3 (5), C.R.S.
13 (2.5) "Governing body having jurisdiction" means the board of
14 county commissioners if a site and facility is located in any
15 unincorporated portion of a county and means the governing body of the
16 appropriate municipality if a site and facility is located within an
17 unincorporated area. "HIGH-IMPACT SOLID WASTE MANAGEMENT
18 FACILITY" MEANS A SOLID WASTES DISPOSAL SITE AND FACILITY AS
19 DEFINED IN SECTION 30-20-101 (8), HAZARDOUS WASTE INCINERATOR AS
20 DEFINED IN SECTION 25-15-502 (3), C.R.S., OR HAZARDOUS WASTE
21 TREATMENT, STORAGE, OR DISPOSAL SITE OR FACILITY AS DEFINED IN
22 SECTION 25-15-101 (18), C.R.S.
23 (2.7) "Municipality" means a home rule or statutory city, town, or
24 city and county or a territorial charter city. "HOST COMMUNITY" MEANS
25 ANY GOVERNMENTAL UNIT WITH ZONING AUTHORITY AND LOCATED
26 WHOLLY OR PARTIALLY WITHIN A TWELVE-MILE RADIUS OF THE SITE OF A
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1 PROPOSED HIGH-IMPACT SOLID WASTE MANAGEMENT FACILITY.
2 (2.8) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY,
3 TOWN, OR CITY AND COUNTY OR A TERRITORIAL CHARTER CITY.
4 SECTION 10. Repeal. 30-20-102 (7), Colorado Revised Statutes,
5 is repealed as follows:
6 30-20-102. Unlawful to operate site and facility without
7 certificate of designation - exceptions. (7) A transfer station shall not
8 be deemed to be a solid wastes disposal site and facility and shall not
9 require a certificate of designation as a solid wastes disposal site and
10 facility. The department shall promulgate regulations establishing health
11 and safety standards for the operation of transfer stations.
12 SECTION 11. 30-20-104 (1), Colorado Revised Statutes, is
13 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
14 30-20-104. Factors to be considered. (1) In considering an
15 application for a proposed solid wastes disposal site and facility, the
16 governing body having jurisdiction shall take into account:
17 (e) HOST COMMUNITIES HAVE DETERMINED THAT THE SITE MEETS
18 ALL CRITERIA SET FORTH IN SUBSECTION (4) OF THIS SECTION CONCERNING
19 THE REBUTTABLE PRESUMPTION AGAINST APPROVAL OF CERTAIN
20 APPLICATIONS. THIS PARAGRAPH (e) SHALL APPLY ONLY TO APPLICATIONS
21 CONCERNING HIGH-IMPACT SOLID WASTE MANAGEMENT FACILITIES.
22 SECTION 12. 30-20-104 (3), Colorado Revised Statutes, is
23 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
24 30-20-104. Factors to be considered. (3) (c) NOTWITHSTANDING
25 ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE DEPARTMENT
26 SHALL NOT PROCESS ANY APPLICATION FOR A HIGH-IMPACT SOLID WASTE
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1 MANAGEMENT FACILITY UNTIL HOST COMMUNITIES HAVE ISSUED
2 DEFINITIVE FINDINGS THAT THE SITE MEETS ALL NECESSARY CRITERIA SET
3 FORTH IN SUBSECTION (4) OF THIS SECTION.
4 SECTION 13. 30-20-104, Colorado Revised Statutes, is amended
5 BY THE ADDITION OF A NEW SUBSECTION to read:
6 30-20-104. Factors to be considered. (4) THERE SHALL BE A
7 REBUTTABLE PRESUMPTION AGAINST THE APPROVAL OF ANY APPLICATION
8 TO BUILD OR OPERATE A HIGH-IMPACT SOLID WASTE MANAGEMENT
9 FACILITY WITHIN A TWELVE-MILE RADIUS OF ANOTHER HIGH-IMPACT SOLID
10 WASTE MANAGEMENT FACILITY, A SITE LISTED ON THE NATIONAL
11 PRIORITIES LIST PURSUANT TO THE FEDERAL "COMPREHENSIVE
12 ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF
13 1980", AS AMENDED, A PERMANENT DISPOSAL SITE OR FACILITY FOR
14 RADIOACTIVE MATERIALS AS DEFINED IN SECTION 25-11-101 (3), C.R.S., OR
15 A URANIUM MILL TAILINGS DISPOSAL SITE AS DEFINED IN SECTION
16 25-11-302, C.R.S. SUCH PRESUMPTION SHALL BE HONORED BY THE
17 DEPARTMENT, ANY GOVERNING BODY HAVING JURISDICTION OVER THE SITE,
18 AND ANY OTHER GOVERNMENTAL ENTITY WITH ZONING AUTHORITY
19 CONCERNING SUCH FACILITY. SUCH PRESUMPTION MAY BE REBUTTED BY
20 A SHOWING THAT NO OTHER SUITABLE SITE IS AVAILABLE FOR THE FACILITY
21 WITHIN THE DISPOSAL DISTRICT, AS DESCRIBED IN SECTION 30-20-202 (1),
22 OR, IF THE SITE IS NOT WITHIN A DISPOSAL DISTRICT, WITHIN A
23 TWELVE-MILE RADIUS OF THE SITE EITHER BECAUSE OF GEOLOGICAL
24 CONSTRAINTS AT SUCH OTHER SITES OR BECAUSE ANY OTHER POTENTIAL
25 SITE:
26 (a) CONFLICTS WITH EXISTING COMPREHENSIVE LAND USE PLANS OF
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1 A LOCAL GOVERNMENTAL ENTITY;
2 (b) DISTURBS THE HABITAT OF AN ENDANGERED SPECIES, AS
3 RECOGNIZED BY THE UNITED STATES FISH AND WILDLIFE SERVICE OR THE
4 COLORADO DEPARTMENT OF NATURAL RESOURCES;
5 (c) WILL ADVERSELY AFFECT THE PUBLIC USE OF A LOCAL, STATE,
6 OR FEDERAL FACILITY, INCLUDING PARKS AND WILDLIFE MANAGEMENT
7 AREAS; OR
8 (d) IS LOCATED WITHIN A ONE-HUNDRED-YEAR FLOODPLAIN,
9 REDUCES THE TEMPORARY WATER STORAGE CAPACITY OF A FLOODPLAIN,
10 OR WOULD RESULT IN SUCH A DISPERSAL, LEACHING, OR SEEPAGE OF THE
11 SOLID WASTE AS WOULD POSE A HAZARD TO HUMAN HEALTH OR THE
12 ENVIRONMENT.
13 SECTION 14. Effective date - applicability. (1) This act shall
14 take effect at 12:01 a.m. on the day following the expiration of the
15 ninety-day period after final adjournment of the general assembly that is
16 allowed for submitting a referendum petition pursuant to article V, section
17 1 (3) of the state constitution; except that, if a referendum petition is filed
18 against this act or an item, section, or part of this act within such period,
19 then the act, item, section, or part, if approved by the people, shall take
20 effect on the date of the official declaration of the vote thereon by
21 proclamation of the governor.
22 (2) The provisions of this act shall apply to applications submitted
23 on or after the applicable effective date of this act.