CO Code § 30-20-110 (2021)
2021 Colorado Code|Title 30 - Government - County|Article 20 - Public Improvements|Part 1 - Solid Wastes Disposal Sites and Facilities|§ 30-20-110. Minimum Standards

  The rules promulgated by the solid and hazardous waste commission and implemented by the department shall contain the following minimum standards:   Such sites and facilities shall be located, operated, and maintained in a manner so as to control obnoxious odors and prevent rodent and insect breeding and infestation, and they shall be kept adequately covered during their use.    Such sites and facilities shall comply with the health laws, standards, rules, and regulations of the department, the water quality control commission, and all applicable zoning laws and ordinances.    No radioactive materials or materials contaminated by radioactive substances shall be disposed of in sites or facilities not specifically designated for that purpose.    A site and facility operated as a sanitary landfill shall provide means of finally disposing of solid wastes on land in a manner to minimize nuisance conditions such as odors, windblown debris, insects, rodents, and smoke; and shall provide compacted fill material; shall provide adequate cover with suitable material and surface drainage designed to prevent ponding and water and wind erosion and prevent water and air pollution; and, upon being filled, shall be left in a condition of orderliness and good esthetic appearance and capable of blending with the surrounding area. In the operation of such a site and facility, the solid wastes shall be distributed in the smallest area consistent with handling traffic to be unloaded; shall be placed in the most dense volume practicable using moisture and compaction or other method approved by the department; shall be fire, insect, and rodent resistant through the application of an adequate layer of inert material at regular intervals; and shall have a minimum of windblown debris which shall be collected regularly and placed into the fill.    Sites and facilities shall be adequately fenced so as to prevent waste material and debris from escaping therefrom, and material and debris shall not be allowed to accumulate along the fence line.    Solid wastes deposited at any site and facility shall not be burned, other than by incineration in accordance with a certificate of designation issued pursuant to section 30-20-105; except that, in extreme emergencies resulting in the generation of large quantities of combustible materials, authorization for burning under controlled conditions may be given by the department.    All facilities shall have a waste characterization plan approved by the department that is consistent with the certificate of designation for the facility. The plan shall outline screening methodologies and waste handling procedures and shall include a hazardous waste exclusion plan.    Material that is beneficially used shall be incorporated into the soil in the shortest time frame that is practicable, allowing for weather conditions. Materials that may be beneficially used under this section may not be stockpiled for long periods or used in such a manner that the material constitutes a public nuisance.    Minimum standards for facilities that do not need a certificate of designation under section 30-20-102 (5) shall include an annual report of quantities of materials managed at the site.    Such minimum standards shall require the reporting, documentation, or remediation of spills at illegal disposal sites, abandoned disposal sites, or contaminated sites.       Any provision of section 25-7-108, C.R.S., to the contrary notwithstanding, the board of county commissioners in any county with less than twenty-five thousand population, according to the latest federal census, and any municipality within a county which county has a population under ten thousand and subject to approval of the board of county commissioners, is authorized to develop regulations, by resolution or ordinance, permitting the noncommercial burning of trash in the unincorporated area and, if appropriate, the incorporated areas of said county; except that no permit shall be issued which shall allow the county, or municipality if appropriate, to exceed primary and secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto, or which would contribute to any other county or municipality exceeding primary or secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto.    As used in subsection (2) of this section, ”noncommercial burning of trash“ includes the burning of wood waste in wigwam wood waste burners.     History. Source: L. 67: P. 761, § 10. C.R.S. 1963: § 36-23-10 . L. 71: P. 344, § 11. L. 79: (3) added, p. 1059, § 8, effective June 20; (1)(f) amended and (2) added, p. 1148, § 2, effective June 29. L. 81: IP(1) amended, p. 1359, § 4, effective June 19. L. 89: (2) amended, p. 1284, § 1, effective April 12. L. 98: IP(1) amended and (1)(g) to (1)(j) added, p. 884, § 10, effective July 1. L. 2006: IP(1) amended, p. 1136, § 20, effective July 1.    Cross references:   For the ”Colorado Air Pollution Prevention and Control Act“, see article 7 of title 25; for water quality control, see article 8 of title 25.   ANNOTATION   Noncommercial burning may not be authorized by implication or inaction but only by regulations adopted in accordance with subsection (2) of this section. Westfall v. Town of Hugo, 851 P.2d 299 (Colo. App. 1993).   Applied in City & County of Denver v. Eggert, 647 P.2d 216 (Colo. 1982).