reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 3 - STATE HAZARDOUS WASTE MANAGEMENT PROGRAM (§§ 25-15-301 — 25-15-328) › Section 25-15-321 - Creation, modification, and termination of an environmental covenant

(1)
An environmental covenant under this part 3 may be created only by the owner of the property through a written grant to the department by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such a restriction under this article.
(2)
The department is authorized to accept, refuse to accept, conditionally accept, hold, modify, and terminate environmental covenants.
(3)
Instruments creating, modifying, or terminating an environmental covenant shall be recorded as any other instrument affecting title to and interests in real property.
(4)
If the only uses allowed under the proposed environmental covenant are prohibited by existing ordinance or resolution, the department shall condition its acceptance of the covenant upon the applicant's demonstration that such applicant has obtained approval from the relevant authority that would allow for one or more of the proposed uses.
(5)
Persons proposing to create, modify, or terminate an environmental covenant shall provide written notice of their intention to all persons holding an interest of record in the real property that will be subject to the environmental covenant, to all persons known to them to have an unrecorded interest in the property, and to all affected persons in possession of the property prior to such creation, modification, or termination, and shall provide the department with:
(a)
A copy of the notice provided;
(b)
A list of the persons to whom notice was given and the address or other location to which the notice was directed; and
(c)
Such title information as the department may require.
(6)
The department shall review and make a determination regarding all applications for creating, modifying, or terminating an environmental covenant within sixty days after receipt of such application, including the information described in subsection (5) of this section.
(7)
Any determination by the department regarding a proposal to create, modify, or terminate an environmental covenant shall be subject to appeal in accordance with section
25-15-305
.
L. 2001: Entire section added, p. 456, § 2, effective July 1. L. 2008: (6) amended, p. 173, § 7, effective March 24.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 3 - STATE HAZARDOUS WASTE MANAGEMENT PROGRAM (§§ 25-15-301 — 25-15-328) › Section 25-15-322 - Enforcement - remedies

(1)
An environmental covenant or restrictive notice imposed at any environmental remediation project shall be enforceable as provided in this section, even if the environmental remediation project is not otherwise subject to this part 3.
(2)
In the event of an actual or threatened failure to comply with an environmental covenant or restrictive notice, the department may issue an order under this section requiring compliance with the terms of the environmental covenant or restrictive notice and may request the attorney general to bring suit in district court to enforce the terms of the environmental covenant or restrictive notice, to enforce the order issued pursuant to this section, or to seek other appropriate injunctive relief. An administrative order issued under this subsection (2) shall be subject to appeal in accordance with section
25-15-308
.
(3)
If a court of competent jurisdiction determines that an environmental covenant or restrictive notice is void or otherwise unenforceable, the department may take such action as may be authorized by any other law.
(4)
The grantor of an environmental covenant may file suit in district court to enjoin actual or threatened violations of the covenant. Any third-party beneficiary specifically named in an environmental covenant or restrictive notice may file suit in district court to enjoin actual or threatened violations of the covenant or restrictive notice. The person who requested creation of a restrictive notice may file suit in district court to enjoin actual or threatened violations of the restrictive notice.
(5)
An affected local government, as defined in section
25-15-324
, may file suit in district court to enjoin actual or threatened violations of any environmental covenant or restrictive notice that applies to land within its jurisdiction.
(6)
(Deleted by amendment, L. 2008, p. 174, § 9, effective March 24, 2008.)
(7)
A court of competent jurisdiction is authorized to issue orders requiring compliance with an environmental covenant or restrictive notice, to enjoin actual or threatened violations of environmental covenants or restrictive notices, and to grant such other injunctive relief as it may deem appropriate.
L. 2001: Entire section added, p. 457, § 2, effective July 1. L. 2008: Entire section amended, p. 174, § 9, effective March 24.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 3 - STATE HAZARDOUS WASTE MANAGEMENT PROGRAM (§§ 25-15-301 — 25-15-328) › Section 25-15-323 - Registry of environmental covenants and notices of environmental use restrictions

The department shall create and maintain a registry of all environmental covenants and notices of environmental use restrictions, including any modification or termination thereof.
L. 2001: Entire section added, p. 458, § 2, effective July 1. L. 2008: Entire section amended, p. 175, § 10, effective March 24.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 3 - STATE HAZARDOUS WASTE MANAGEMENT PROGRAM (§§ 25-15-301 — 25-15-328) › Section 25-15-324 - Coordination with affected local governments

(1)
For purposes of this part 3, "affected local government" means every county, city and county, or municipality in which land subject to an environmental covenant or restrictive notice is located. The department shall provide each affected local government with a copy of every environmental covenant and restrictive notice within such local government's jurisdiction and shall also provide a copy of any documents modifying or terminating such environmental covenant or restrictive notice.
(2)
Whenever an affected local government receives an application affecting land use or development of land that is subject to an environmental covenant or restrictive notice and that may relate to or impact such covenant or restrictive notice, the affected local government shall notify the department of the application. The department shall evaluate whether the application is consistent with the environmental covenant or restrictive notice and shall notify the affected local government of the department's determination in a timely fashion, considering the time frame for the local government's review of the application.
L. 2001: Entire section added, p. 458, § 2, effective July 1. L. 2008: Entire section amended, p. 175, § 11, effective March 24.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 3 - STATE HAZARDOUS WASTE MANAGEMENT PROGRAM (§§ 25-15-301 — 25-15-328) › Section 25-15-325 - Other interests not impaired

Except as specifically provided in an environmental covenant or restrictive notice or pursuant to section
25-15-326
, no transfer of a water right or any change of a point of diversion at any time, nor any interest in real property cognizable under statute, common law, or custom in effect in this state prior to July 1, 2001, nor any lease or sublease thereof at any time shall be impaired, invalidated, or in any way adversely affected by sections
25-15-317
to
25-15-326
. All interests not transferred or conveyed in the environmental covenant shall remain in the grantor of the environmental covenant, including the right to engage in all uses of the lands affected by the environmental covenant that are not inconsistent with the environmental covenant and not expressly prohibited by the environmental covenant or by law.
L. 2001: Entire section added, p. 458, § 2, effective July 1. L. 2008: Entire section amended, p. 175, § 12, effective March 24.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 3 - STATE HAZARDOUS WASTE MANAGEMENT PROGRAM (§§ 25-15-301 — 25-15-328) › Section 25-15-326 - Validation

(1)
Any document recorded by the owner of real property that restricts or requires certain uses or activities relating to such real property, including any restrictions on drilling for or pumping groundwater, to protect human health or the environment by limiting exposure to hazardous substances or by ensuring the integrity of a response action, shall be considered valid and enforceable by its terms, regardless of whether such document is denominated an easement, covenant, deed restriction, or some other instrument.
(2)
The provisions of subsection (1) of this section shall apply only to:
(a)
Documents that were required as part of an environmental remediation decision that was rendered prior to July 1, 2001; and
(b)
Documents recorded in connection with a voluntary cleanup plan approved under section
25-16-306
or petition for a no action determination approved under section
25-16-307
.
(3)
Nothing in this section shall impair the validity or enforceability of an environmental covenant created under section
25-15-321
.
L. 2001: Entire section added, p. 458, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 3 - STATE HAZARDOUS WASTE MANAGEMENT PROGRAM (§§ 25-15-301 — 25-15-328) › Section 25-15-327 - Applicability

The requirements of section
25-15-320
apply to remedial decisions made on or after July 1, 2001, that would create one or more of the conditions described in section
25-15-320(2)
.
L. 2001: Entire section added, p. 459, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 4 - INFECTIOUS WASTE (§§ 25-15-401 — 25-15-407) › Section 25-15-401 - Legislative declaration

(1)
The general assembly hereby finds that there is a need for more clarity and uniformity regarding the definition of infectious waste and in the requirements for the handling, treatment, and disposal thereof and that the absence of such clarity and the inappropriate designation of general waste as infectious waste will result in further substantial and unnecessary costs, disparity, and confusion in the management of infectious waste, ultimately affecting many business and residential operations and facilities, including the operations and quality of care rendered by health-care providers.
(2)
For the purposes set forth in subsection (1) of this section, the provisions of this part 4 are enacted as a matter of statewide concern. The provisions of this part 4 shall not apply to infectious waste which is also deemed to be hazardous waste pursuant to section
25-15-101(6)
, nor shall infectious waste be deemed hazardous waste solely because it is characterized as infectious waste.
(3)
The general assembly further finds that, because of the nature of infectious waste and the manner of its designation as provided in this part 4 and because this part 4 recommends portions of the guidelines of the United States environmental protection agency, no rules or regulations governing the generators of infectious waste are necessary for nor shall be applicable to the implementation of this part 4. This limitation shall not be construed to limit any other rule-making which is permitted under other authorizing statutes.
L. 89: Entire part added, p. 1175, § 1, effective April 23. L. 92: (2) amended, p. 1261, § 25, effective August 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 4 - INFECTIOUS WASTE (§§ 25-15-401 — 25-15-407) › Section 25-15-402 - Infectious waste - definitions

(1)
For the purposes of this part 4 and statewide applicability:
(a)
"Infectious waste" means waste capable of producing an infectious disease and requires the consideration of certain factors necessary for induction of disease. These factors include:
(I)
Presence of a pathogen of sufficient virulence;
(II)
Dose;
(III)
Portal of entry;
(IV)
Resistance of host.
(b)
For a waste to be infectious, it must contain pathogens with sufficient virulence and quantity so that exposure to the waste by a susceptible host could result in disease. All the factors specified in paragraph (a) of this subsection (1) must be present simultaneously for disease transmission to occur and must be present in a manner which constitutes a substantial risk of infection to humans.
(2)
(a)
Infectious waste shall be designated as such by the generator in accordance with this part 4. Such designation shall not be based solely upon any source or type of waste but shall be based upon the factors specified in subsection (1) of this section.
(b)
It is recommended by the general assembly that the following categories of waste, as published in the "EPA Guide for Infectious Waste Management", May 1986, by the United States environmental protection agency, be designated as infectious:
(I)
Isolation wastes from persons diagnosed as having a disease caused by an organism requiring, pursuant to recommendations by the centers for disease control in the 1988 publication "Biosafety in the Microbiological and Biomedical Laboratory" (second edition), biosafety level IV containment;
(II)
Cultures and stocks of infectious agents and associated biologicals;
(III)
Human blood and blood products and body fluids consisting of serum, plasma and other blood components, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic fluid;
(IV)
Human pathological/anatomical waste consisting of tissues and body parts that are discarded from surgical, obstetrical, autopsy, and laboratory procedures;
(V)
Contaminated sharps;
(VI)
Contaminated laboratory or research animal carcasses, body parts, and bedding.
L. 89: Entire part added, p. 1176, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 4 - INFECTIOUS WASTE (§§ 25-15-401 — 25-15-407) › Section 25-15-402.5 - Disposition of fetal tissue

(1)
As used in this section, unless the context otherwise requires, "fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.
(2)
Nothing in this part 4 shall be deemed to prohibit the treatment of the remains from a fetal death pursuant to article
135
of title
12
.
Amended by 2019 Ch. 136,§ 167, eff. 10/1/2019.
L. 2001: Entire section added, p. 1032, § 1, effective June 5.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 4 - INFECTIOUS WASTE (§§ 25-15-401 — 25-15-407) › Section 25-15-403 - Generator management plan

(1)
Each generator of infectious waste shall develop and implement an on-site infectious waste management plan which is appropriate for the particular facility. Such plan shall include:
(a)
The designation of infectious waste generated by the facility;
(b)
The handling of infectious waste which includes segregation, identification, packaging, storage, transportation, treatment techniques for each waste type, if applicable, and disposal;
(c)
Contingency planning for spills or loss of containment;
(d)
Staff training and the designation of a person responsible for implementation of the management plan;
(e)
If on-site treatment is not available, the management plan shall provide for appropriate off-site treatment or disposal.
(2)
The management plan, including the documentation provided in section
25-15-404(2)
, shall be available for inspection to the hauler of any waste, to the disposal facility, and to the licensing or regulatory agency, if applicable, of the generator.
L. 89: Entire part added, p. 1177, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 4 - INFECTIOUS WASTE (§§ 25-15-401 — 25-15-407) › Section 25-15-404 - On-site disinfection

(1)
Any infectious waste which has been appropriately treated at the site of generation by the generator so as to render it noninfectious shall not thereafter be deemed infectious for purposes of handling or disposal.
(2)
Appropriate treatment shall include any method of treatment which renders the infectious waste noninfectious. Use of a treatment method recommended by the United States environmental protection agency, as published in the "EPA Guide for Infectious Waste Management", May 1986, shall be conclusively presumed to be an appropriate treatment method. Any method of treatment shall include:
(a)
Documentation by the generator that the method of treatment utilized for his operation is effective in rendering infectious waste noninfectious in such operation;
(b)
Written standard operating procedures for the use of or implementation of the treatment method;
(c)
Regular monitoring of the standard operating procedures and the effectiveness of such disinfective method.
(3)
Upon request of the chairman of either the senate or house of representatives committees on health, environment, welfare, and institutions, or any successor committees, the department of public health and environment shall make a report to the senate and house of representatives committees on health, environment, welfare, and institutions, or any successor committees, on the current status, in view of scientific knowledge and technology, of the recommendations contained in the "EPA Guide for Infectious Waste Management", May 1986, and may make any additional recommendations it deems necessary.
L. 89: Entire part added, p. 1177, § 1, effective April 23. L. 94: (3) amended, p. 2792, § 531, effective July 1. L. 2007: (3) amended, p. 2042, § 68, effective June 1.
For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 4 - INFECTIOUS WASTE (§§ 25-15-401 — 25-15-407) › Section 25-15-405 - Appropriate treatment and disposal - nonliability

(1)
A generator of infectious waste using an appropriate treatment method with appropriate documentation as provided in section
25-15-404(2)
and, in good faith, utilizing disposal facilities for such waste shall not be civilly or criminally liable for injuries or damages allegedly resulting from the infectious character of such waste; except that any generator who does not use an appropriate treatment method or any generator who fails to utilize disposal facilities in good faith shall not be relieved of civil or criminal liability.
(2)
When any infectious waste has been appropriately treated, the generator shall either identify it as such or provide the hauler and disposal facility with a written statement that its general waste includes infectious waste which has been appropriately treated to render it noninfectious.
L. 89: Entire part added, p. 1177, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 4 - INFECTIOUS WASTE (§§ 25-15-401 — 25-15-407) › Section 25-15-406 - Penalty

(1)
(a)
Any generator who knowingly removes, causes to be removed, or allows to be removed from the site of generation any infectious waste which he knew was not appropriately treated and not identified as untreated when such infectious waste was so removed from the site of generation shall be subject to the civil penalties set forth in paragraph (b) of this subsection (1).
(b)
Upon conviction of a first offense, a generator shall be subject to a civil penalty of not more than three thousand dollars per day for each day of violation, not to exceed fifteen thousand dollars. Upon conviction of a second or subsequent offense which occurs within five years of a previous conviction, a generator shall be subject to a civil penalty of three thousand dollars per day for each day of violation, not to exceed twenty-five thousand dollars.
(2)
(a)
Any person who knowingly hauls untreated infectious waste and recklessly spills or loses such waste or knowingly disposes of such waste at an unlawful site or disposal or treatment facility shall be subject to the civil penalties set forth in paragraph (b) of this subsection (2).
(b)
Upon conviction of a first offense, a person shall be subject to a civil penalty of not more than three thousand dollars per day for each day of violation, not to exceed fifteen thousand dollars. Upon conviction of a second or subsequent offense which occurs within five years of a previous conviction, a person shall be subject to a civil penalty of three thousand dollars per day, not to exceed twenty-five thousand dollars.
(3)
All civil penalties set forth in this section shall be determined by a court of competent jurisdiction upon action instituted by the department of public health and environment.
L. 89: Entire part added, p. 1178, § 1, effective April 23. L. 94: (3) amended, p. 2792, § 532, effective July 1.
For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 4 - INFECTIOUS WASTE (§§ 25-15-401 — 25-15-407) › Section 25-15-407 - Presumption of noninfectiousness

It is conclusively presumed that any infectious waste which has been appropriately treated and documented in section
25-15-404(2)
either on the site or off the site is not infectious after it has been so treated.
L. 89: Entire part added, p. 1178, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-501 - Short title

This part 5 shall be known and may be cited as the "State Hazardous Waste Incinerator or Processor Siting Act".
L. 92: Entire part added, p. 1264, § 1, effective July 1. L. 2002: Entire section amended, p. 87, § 1, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-503 - Certificate required - incineration or processing of hazardous waste prohibited - exceptions

(1)
Any person desiring to own or operate a hazardous waste incinerator or processor shall first obtain a certificate of designation from the governing body having jurisdiction over the area in which such proposed hazardous waste incinerator or processor site is located.
(2)
Hazardous waste incineration or processing by any person is prohibited except on or at a hazardous waste incinerator or processor site for which a certificate of designation has been obtained as provided in this part 5.
(3)
Notwithstanding the provisions of subsections (1) and (2) of this section and section
25-15-507
, any existing hazardous waste incinerator or processor shall be an approved activity for which obtaining a certificate of designation under the provisions of this part 5 shall be unnecessary.
L. 92: Entire part added, p. 1265, § 1, effective July 1. L. 2002: Entire section amended, p. 89, § 3, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-504 - Application for certificate - review by governing body

(1)
Any person desiring to own or operate a hazardous waste incinerator or processor shall make application to the governing body having jurisdiction over the area in which such incinerator, incinerator site, processor, or processor site is or is proposed to be located for a certificate of designation.
(2)
An application made pursuant to the provisions of subsection (1) of this section shall be accompanied by a fee to be established by the governing body having jurisdiction. Such fee shall be based on the reasonable anticipated costs that may be incurred by such governing body in the application review and approval process imposed by this article. Such fee shall be for the reasonable costs necessary in the application review and hearing process imposed by this article and shall not exceed one hundred thousand dollars. The local governing body having jurisdiction shall provide an accounting of the actual costs incurred by such body in the application review and hearing process and shall refund any payment in excess of such costs within ninety days after completion of the certification process.
(3)
An application made pursuant to the provisions of subsection (1) of this section shall set forth the location of the incinerator or processor site and incinerator or processor, the types of hazardous waste to be accepted or rejected, the types of incinerator or processor by-product disposal, the method of supervision, the anticipated access routes in the county in which the site is located, and such other information as may be required by the governing body having jurisdiction.
(4)
The clerk of the governing body having jurisdiction shall promptly notify the county commissioners and the governing body of any other county or municipality within twenty miles of a proposed hazardous waste incinerator or processor upon the filing of any application for a certificate of designation for such incinerator, processor, or site.
L. 92: Entire part added, p. 1265, § 1, effective July 1. L. 2002: Entire section amended, p. 89, § 4, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-506 - Certificate

(1)
A certificate of designation for a hazardous waste incinerator or processor site shall identify the general types of waste that shall be incinerated or processed and the types of waste that shall be rejected by such hazardous waste incinerator or processor site, subject to a more specific statement of waste to be rejected in the hazardous waste permit issued pursuant to part 3 of this article or the federal act.
(2)
Such certificate of designation shall be displayed in a prominent place at the hazardous waste incinerator or processor site.
(3)
Such certificate of designation may provide such conditions as may reasonably be necessary for the safe operation of such site. Such conditions may include but are not limited to the provision by the site owner or operator of additional fire protection, security, or trained personnel for monitoring, inspections, and incident responses.
(4)
A certificate of designation issued pursuant to this part 5 shall be deemed to satisfy any requirement imposed by part 1 of article
20
of title
30
, C.R.S., for a certificate of designation as a solid wastes disposal site and facility.
L. 92: Entire part added, p. 1268, § 1, effective July 1. L. 2002: (1) and (2) amended, p. 91, § 6, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-507 - Substantial change in ownership, design, or operation

(1)
Any substantial change in the ownership of a hazardous waste incinerator or processor, including but not limited to an assignment or a transfer of the certificate of designation, or in the design or operation of a hazardous waste incinerator, incinerator site, processor, or processor site shall be submitted to the governing body having jurisdiction for its approval. Approval by the governing body having jurisdiction shall be required before such a substantial change may become effective. For the purposes of this section, "substantial change" shall have such meaning as is provided for such term in the rules of the commission promulgated pursuant to section
25-15-510
.
(2)
Except as provided in subsection (3) of this section, approval of a substantial change under this section shall be made if the governing body having jurisdiction finds all of the factors required by the provisions of section
25-15-505(1)
and has considered the factor provided in section
25-15-505(2)
.
(3)
A substantial change involving only a change in ownership, including an assignment or transfer of the certificate of designation, shall be made if the governing body having jurisdiction finds the factors required in section
25-15-505(1)(b) and (1)(c)
.
(4)
An application for approval of a substantial change under this section shall be accompanied by a fee established by the governing body having jurisdiction, which fee shall not exceed ten thousand dollars and which fee may be refunded in whole or in part.
L. 92: Entire part added, p. 1268, § 1, effective July 1; (1) amended, p. 1261, § 28, effective August 1. L. 2002: (1) amended, p. 92, § 7, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-508 - Revocation or suspension of certificate

(1)
A governing body having jurisdiction that has granted a certificate of designation for a hazardous waste incinerator or processor may revoke or suspend such certificate of designation if such governing body having jurisdiction finds that:
(a)
There was a material misrepresentation or misstatement of fact in the application for such certificate of designation;
(b)
Such hazardous waste incinerator or processor is not being operated in substantial compliance with any term, condition, or limitation of its certificate of designation or any applicable rule adopted pursuant to this part 5; or
(c)
The owner or operator of such hazardous waste incinerator or processor has failed to pay the annual fee to the governing body having jurisdiction as required by the provisions of section
25-15-515(1)
.
(2)
The revocation or suspension of a certificate of designation shall not relieve the owner or operator of the hazardous waste incinerator or processor from any legal liability.
L. 92: Entire part added, p. 1269, § 1, effective July 1. L. 2002: Entire section amended, p. 92, § 8, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-509 - Judicial review

The award, denial, revocation, or suspension of a certificate of designation by the governing body having jurisdiction shall be subject to judicial review in the district court for the judicial district in which the hazardous waste incinerator or processor is located or is proposed to be located. Any request for such judicial review shall be made within thirty days after such award, denial, revocation, or suspension. If the court finds that the governing body having jurisdiction has acted reasonably and in accordance with the procedures and procedural limitations of this part 5, the court shall affirm the action of the governing body having jurisdiction. If the court finds that the action is arbitrary and capricious, not in accord with the procedures or procedural limitations of this part 5, unsupported by substantial evidence when the record is considered as a whole, or otherwise contrary to law, then the court shall hold unlawful and set aside the action and shall remand the case to the governing body having jurisdiction for further proceedings as appropriate.
L. 92: Entire part added, p. 1269, § 1, effective July 1. L. 2002: Entire section amended, p. 92, § 9, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-510 - Rules - limitations

(1)
The commission may promulgate rules establishing what constitutes a substantial change in ownership, design, or operation of a hazardous waste incinerator or processor under the provisions of section
25-15-507
.
(2)
The regulations promulgated by the commission pursuant to this section shall be based upon generally accepted scientific data.
L. 92: Entire part added, p. 1269, § 1, effective July 1; entire section amended, p. 1262, § 29, effective August 1. L. 2002: (1) amended, p. 93, § 10, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-511 - List of hazardous wastes - final inventory

The operator of any hazardous waste incinerator or processor site shall maintain a list of the hazardous wastes accepted for incineration or processing at such site. Such list shall indicate the types of hazardous waste accepted for incineration or processing at such hazardous waste incinerator or processor and the location of such waste. A copy of such list shall be provided to any person upon request and upon payment of a reasonable charge for the costs of the reproduction of such list. Upon the closure of a hazardous waste incinerator or processor site, a final inventory of hazardous wastes shall be prepared and filed with the department. The department shall make any such final inventory available for public inspection and copying at reasonable cost.
L. 92: Entire part added, p. 1270, § 1, effective July 1. L. 2002: Entire section amended, p. 93, § 11, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-512 - Inspections of hazardous waste incinerator or processor sites

(1)
The department shall conduct inspections of each hazardous waste incinerator or processor site at intervals determined by rules of the commission based upon the volume and toxicity of the wastes being received at such site. Such inspections shall include, but are not limited to, inspections conducted during the reception of hazardous wastes, during the incineration of hazardous wastes, during the processing of hazardous wastes, and during the shipment of incineration or processing by-products. The department shall be permitted reasonable access to all operations at any hazardous waste incinerator or processor site for the purpose of monitoring and inspecting such operations. Unless an emergency exists at such site, or unless the department has reason to believe that unlawful activity is being conducted or will be conducted at such site, the department shall provide prior notification of the inspection and shall conduct such inspection during normal business hours.
(2)
The governing body having jurisdiction over any hazardous waste incinerator or processor site or the governing body of any other county or municipality having jurisdiction over such site pursuant to an intergovernmental agreement shall have physical and structural access to such site during the operating hours of such site for the purpose of periodic inspections by the agents of such governing body.
L. 92: Entire part added, p. 1270, § 1, effective July 1. L. 93: (1) amended, p. 1787, § 70, effective June 6. L. 2002: Entire section amended, p. 93, § 12, effective March 22.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-513 - Violation - criminal penalty

Any person who violates any provision of this part 5 commits a petty offense and shall be punished as provided in section
18-1.3-503
.
Amended by 2021 Ch. 462, § 475, eff. 3/1/2022.
L. 92: Entire part added, p. 1270, § 1, effective July 1. L. 2002: Entire section amended, p. 1538, § 271, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 3239, p. 3239, § 475, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-514 - Violation - civil penalty - reimbursement of costs

(1)
Any person who violates any provision of this part 5 shall be subject to a civil penalty of not more than ten thousand dollars per day of violation. Such penalty shall be determined and collected by the district court for the judicial district in which such violation occurs upon action instituted by the department or the governing body having jurisdiction. In determining the amount of any such penalty, the court shall take into account the seriousness of the violation, whether the violation was willful or due to mistake, the economic impact of the penalty on the violator, and any other relevant factors. All penalties collected pursuant to this section shall be transmitted to the state treasurer, who shall credit fifty percent of such moneys to the general fund and shall transmit the remaining fifty percent of such moneys to the governing body having jurisdiction.
(2)
If the violation of the provisions of this part 5 for which a penalty has been assessed and paid into the general fund pursuant to the provisions of subsection (1) of this section results in a county, municipality, or other local government incurring costs to remove, contain, or otherwise mitigate the effects of the hazardous waste which was involved in the violation, such local government shall be entitled to reimbursement for such costs. A local government requesting reimbursement of such costs shall file a claim for reimbursement with the state treasurer. The state treasurer shall make reimbursements out of any funds attributable to the civil penalty imposed for such violation pursuant to the provisions of subsection (1) of this section.
L. 92: Entire part added, p. 1271, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 5 - HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITES (§§ 25-15-501 — 25-15-515) › Section 25-15-515 - Annual fees - commercial hazardous waste incinerator or processor funds

(1)
(a)
The owner or operator of any hazardous waste incinerator or processor for which a certificate of designation has been issued pursuant to this article shall be required, contingent upon the issuance of federal or state permits, to pay the governing body having jurisdiction an annual fee for the purpose of offsetting the estimated direct costs necessitated by such hazardous waste incinerator or processor. The governing body having jurisdiction shall provide the owner or operator of such hazardous waste incinerator or processor with an accounting of the basis of such fees. Such costs may include but are not limited to the improvement and maintenance of roads and bridges; fire protection; law enforcement; monitoring by county or municipal health officials pursuant to the requirements of state law, rules, and the certificate of designation; and emergency preparation and response. The amount of such fee shall be no more than the greater of two percent of the annual estimated operating cost of or the annual estimated gross revenue received for the incineration or processing of hazardous wastes by the hazardous waste incinerator or processor. The governing body having jurisdiction may provide reimbursement out of such fee moneys to other governmental units for the reasonable direct costs to such governmental units of increased services necessitated by such hazardous waste incinerator or processor.
(b)
In lieu of the annual fees imposed under paragraph (a) of this subsection (1), the governing body may request that the owner or operator of any hazardous waste incinerator or processor site make a lump-sum payment covering the total amount of fees imposed under this section. Such lump sum payment shall not be made unless the governing body having jurisdiction and the owner or operator of a hazardous waste incinerator or processor agree to such payment.
(2)
In the event that the owner or operator of a hazardous waste incinerator or processor site fails to pay the annual fee imposed pursuant to the provisions of subsection (1) of this section, the governing body having jurisdiction may suspend the certificate of designation for such site until such annual fee has been paid.
(3)
Any governing body having jurisdiction is authorized to establish a hazardous waste incinerator or processor fund. All fees collected pursuant to subsection (1) of this section shall be deposited to the credit of said fund and appropriated by the governing body for the purposes for which such fees are collected.
L. 92: Entire part added, p. 1271, § 1, effective July 1. L. 2002: Entire section amended, p. 94, § 13, effective March 22. L. 2004: (1)(b) amended, p. 1202, § 67, effective August 4.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 6 - PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS (§§ 25-15-601 — 25-15-605) › Section 25-15-601 - Short title

The short title of this part 6 is the "Perfluoroalkyl and Polyfluoroalkyl Chemicals Protection Act".
Amended by 2024 Ch. 147,§ 1, eff. 5/1/2024.
Added by 2022 Ch. 338, § 1, eff. 6/3/2022.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 6 - PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS (§§ 25-15-601 — 25-15-605) › Section 25-15-602 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Contamination of the soil and water in the state from PFAS chemicals poses a significant threat to the environment of the state and the health of its residents;
(b)
A growing body of scientific research has found that exposure to PFAS chemicals may lead to serious and harmful health effects;
(c)
The full extent of the contamination of PFAS chemicals in the soil and water of the state is not currently known but is anticipated to be widespread and to require a significant expenditure of resources to be identified and remediated;
(d)
PFAS chemicals continue to be used in products across a variety of industries and for many different purposes;
(e)
PFAS chemicals are not necessary in many products and could be replaced with less harmful chemicals or technologies; and
(f)
If the widespread sale and distribution of products that contain intentionally added PFAS chemicals and the installation of artificial turf that contains intentionally added PFAS chemicals continue in the state:
(I)
There is a larger risk of PFAS chemicals migrating into the natural environment;
(II)
Residents of the state will likely suffer adverse health effects from exposure to PFAS chemicals; and
(III)
The state and local communities will be burdened with the testing, monitoring, and clean-up costs necessary to keep residents safe from exposure to PFAS chemicals.
(2)
The general assembly therefore determines and declares that it is imperative for the health and safety of the state's residents to create a regulatory scheme that:
(a)
Phases out the sale or distribution of certain products and product categories in the state that contain intentionally added PFAS chemicals; and
(b)
Prohibits the installation of artificial turf that contains intentionally added PFAS chemicals.
Amended by 2024 Ch. 147,§ 2, eff. 5/1/2024.
Added by 2022 Ch. 338, § 1, eff. 6/3/2022.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 6 - PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS (§§ 25-15-601 — 25-15-605) › Section 25-15-605 - Prohibition on the installation of artificial turf that contains intentionally added PFAS chemicals

(1)
On and after January 1, 2026, a person shall not install artificial turf that contains intentionally added PFAS chemicals on any portion of property in the state.
(2)
Nothing in this section prohibits a person from maintaining artificial turf installed before January 1, 2026.
Added by 2024 Ch. 147,§ 5, eff. 5/1/2024.