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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-201 - Certificate required - disposal prohibited - exceptions

(1)
Any person who operates a hazardous waste disposal site shall first obtain a certificate of designation from the board of county commissioners if the site is in the unincorporated portion of any county, or from the governing body of a municipality if the site is in an incorporated area.
(2)
Hazardous waste disposal by any person is prohibited except on or at a hazardous waste disposal site for which a certificate of designation has been obtained as provided in this part 2.
(3)
Any existing hazardous waste disposal site which has obtained and possesses a certificate of designation pursuant to part 1 of article
20
of title
30
, C.R.S., and which meets all applicable requirements and regulations under the federal act shall be deemed to have a certificate of designation issued pursuant to this part 2 and shall be fully subject to the provisions of this part 2 which apply to certificates of designation issued pursuant to this part 2.
(4)
Notwithstanding the provisions of subsections (1) and (2) of this section, any person other than a governmental unit may dispose of his own hazardous waste on his own property, as long as such hazardous waste disposal site is part of that originally zoned or otherwise approved for the activity that generates the hazardous waste, the owner has notified the local government or the department of the types and methods of hazardous waste disposal, and such disposal complies with the rules and regulations of the commission issued pursuant to this part 2 and does not constitute a public nuisance. For the purposes of this part 2, the site of such hazardous waste disposal shall be an approved site for which obtaining a certificate of designation under the provisions of this part 2 shall be unnecessary. This subsection (4) shall not preclude any person from applying for a certificate of designation for the disposal of his own hazardous waste on his own property.
(5)
Notwithstanding the provisions of subsections (1) and (2) of this section, any person who is engaged in mining operations pursuant to a permit issued by the mined land reclamation board or office of mined land reclamation which contains an approved plan of reclamation may dispose of hazardous waste generated by such operations within the permitted area for such operations. For the purposes of this part 2, the site of such hazardous waste disposal shall be an approved site for which obtaining a certificate of designation under the provisions of this part 2 shall be unnecessary.
L. 81: Entire article R&RE, p. 1346, § 1, effective July 1. L. 92: (4) amended, p. 1258, § 18, effective August 1; (5) amended, p. 1971, § 76, 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-203 - Grounds for approval

(1)
The board of county commissioners or the governing body of the municipality, as the case may be, may approve an application for a certificate of designation only upon a finding of all of the following factors:
(a)
The department has made a recommendation of approval pursuant to section
25-15-202(4)(c)(III)
.
(b)
The site would not pose a significant threat to the safety of the public, taking into consideration:
(I)
The density of population areas neighboring the site;
(II)
The density of population areas adjacent to the portion of the delivery roads within a fifty-mile radius of the site;
(III)
The risk of accidents during the transportation of waste to or at the site.
(c)
The applicant has demonstrated a need for the facility by Colorado hazardous waste generators.
(d)
The applicant has documented its financial ability to operate the proposed site.
(e)
The applicant, taking into account its prior performance record, if any, in the treatment, storage, or disposal of hazardous waste, has documented sufficient reliability, expertise, and competency to operate and manage the proposed facility.
(f)
The site conforms to officially adopted land use plans, policies, regulations, and resolutions.
(2)
The board of county commissioners or the governing body of the municipality, as the case may be, shall notify the department of any approval of an application for a certificate of designation within five days after such approval.
L. 81: Entire article R&RE, p. 1348, § 1, effective July 1. L. 83: Entire section R&RE, p. 1091, § 6, effective June 3.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-204 - Certificate

(1)
The certificate of designation shall identify the general types of waste which may be accepted or which shall be rejected.
(2)
The certificate of designation shall be displayed in a prominent place at the hazardous waste disposal site.
(3)
Repealed.
(4)
The certificate of designation may provide such conditions as may reasonably be necessary for the safe operation of such site including but 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.
(5)
Repealed.
(6)
A certificate of designation issued pursuant to this part 2 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. 81: Entire article R&RE, p. 1348, § 1, effective July 1. L. 83: (1) amended and (3) and (5) repealed, pp. 1092, 1105, §§ 7, 28(1), effective June 3.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-205 - Permit required for operation - burial of liquids prohibited

(1)
Operation of a hazardous waste disposal site for which a certificate of designation has been issued shall not begin until the applicant obtains for such operation a federal permit issued under the federal act or a state permit issued under part 3 of this article.
(2)
A certificate of designation for a hazardous waste disposal site shall not become effective until such time as the certificated facility has received a permit under section 3005 (c) of the federal act or the equivalent state permit.
(3)
The burial of liquid hazardous waste both on-site and off-site is prohibited in this state. The commission may develop rules and regulations which phase out the land disposal of highly mobile, toxic, and persistent waste.
L. 81: Entire article R&RE, p. 1349, § 1, effective July 1. L. 83: Entire section amended, p. 1092, § 8, effective June 3. L. 92: (3) amended, p. 1259, § 20, 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-206 - Substantial change in ownership, design, or operation

(1)
A substantial change in the ownership of a hazardous waste disposal site, including an assignment or a transfer of the certificate of designation therefor, or in the design or operation of a hazardous waste disposal site, as "substantial change" is defined in rules and regulations of the commission, shall be submitted to the board of county commissioners or the governing body of the municipality for its approval before such change shall become effective; except that, in the case of a hazardous waste disposal site which was designated by the council pursuant to section
25-15-217
, as said section existed upon its repeal, such change shall be subject to approval by the department.
(2)
Any approval of a substantial change under this section shall be made only upon the finding of all of the factors required in section
25-15-203
.
(3)
The application for approval of a substantial change under this section shall be accompanied by a fee established by the jurisdiction whose approval is required for such substantial change, which fee shall not exceed ten thousand dollars and which fee may be refunded in whole or in part. If the department is not the approving jurisdiction, up to fifty percent of such fee shall be transmitted to the department to offset the costs of the department's review pursuant to section
25-15-202(4)
, including possible costs of reimbursement to other state agencies which assist in such review.
L. 81: Entire article R&RE, p. 1349, § 1, effective July 1. L. 83: Entire section amended, p. 1092, § 9, effective June 3. L. 92: (1) amended, p. 1259, § 21, effective August 1. L. 2005: (1) amended, p. 285, § 28, effective August 8.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-206.5 - Revocation or suspension of certificate

(1)
The jurisdiction which granted the certificate of designation may revoke or suspend the certificate of designation of any hazardous waste disposal site if it finds that:
(a)
There was a material misrepresentation or misstatement of fact in the application for the certificate of designation;
(b)
The hazardous waste disposal site is not being operated in substantial compliance with any term, condition, or limitation of its certificate of designation or any applicable rule or regulation adopted pursuant to this part 2; or
(c)
The owner or operator of the site has failed to pay the annual fee to the county or municipality as required by section
25-15-214(1)
.
(2)
The revocation or suspension of a certificate of designation shall not relieve the owner or operator of the hazardous waste disposal site from any legal liability.
L. 83: Entire section added, p. 1093, § 10, effective June 3.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-207 - Judicial review

(1)
The award, denial, revocation, or suspension of a certificate of designation by the board of county commissioners or by the governing body of the municipality shall be subject to judicial review in the district court for the judicial district in which the hazardous waste disposal site is located or is proposed to be located. Any request for such judicial review must be made within thirty days of such award, denial, revocation, or suspension. If the court finds no error, it shall affirm the action. If the court finds that the action is arbitrary and capricious, not in accord with the procedures or procedural limitations of this part 2, 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 remand the case to the board of county commissioners or to the governing body of the municipality for further proceedings as may be appropriate.
(2)
In the case of any action or decision of the council or department pursuant to section
25-15-206
, judicial review shall be in the district court for the judicial district within which the hazardous waste disposal site is or may be located and shall be in accordance with section
24-4-106
, C.R.S.
L. 81: Entire article R&RE, p. 1349, § 1, effective July 1. L. 83: Entire section amended, p. 1093, § 11, effective June 3. L. 2005: (2) amended, p. 285, § 29, effective August 8.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-208 - Commission to promulgate rules and regulations - limitations

(1)
The commission may promulgate rules and regulations establishing criteria for the engineering design of hazardous waste disposal sites and for the location of such sites to the extent that site characteristics are integrally related to the safe engineering design of such sites. Such rules and regulations shall take into account at least the following: Protection of surface and subsurface waters, suitable physical characteristics, distance from waste generation centers, access routes, distance from water wells, and final closure.
(2)
The commission may also promulgate rules and regulations establishing what constitutes a substantial change in ownership, design, or operation of a hazardous waste disposal site under section
25-15-206
.
(3)
The rules and regulations promulgated by the commission pursuant to this section shall be based upon generally accepted scientific data.
L. 81: Entire article R&RE, p. 1349, § 1, effective July 1. L. 83: Entire section R&RE, p. 1094, § 12, effective June 3. L. 92: Entire section amended, p. 1260, § 22, 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-209 - Inventory required

The operator of every hazardous waste disposal site shall maintain an inventory of the types of hazardous wastes accepted for disposal at such site, and a copy of such inventory shall be provided to any person upon request and upon payment of a reasonable charge for the costs of the reproduction. Upon a closure of the site, a final inventory shall be prepared and filed with the department where it shall remain available for public inspection and copying at a reasonable cost.
L. 81: Entire article R&RE, p. 1350, § 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-209.5 - Inspection required

A department employee shall inspect each off-site hazardous waste disposal site during times when hazardous wastes are ordinarily received. Such inspection shall be conducted at intervals determined by rule and regulation of the commission based on the volume and toxicity of the wastes being received. Such department employee shall be permitted reasonable access to disposal operations for the purpose of monitoring and inspecting such operations. Such department employee, whose salary and benefits shall be paid out of the department's share of the annual fee collected by the county or municipality pursuant to section
25-15-214(1)
, shall have training and experience in relevant aspects of hazardous waste management.
L. 83: Entire section added, p. 1094, § 13, effective June 3. L. 92: Entire section amended, p. 1260, § 23, 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-209.6 - Performance audits

Each designated and permitted hazardous waste disposal site shall be subject to a performance audit at least once every five years, for the purpose of reviewing the systems that provide assurance the site is protecting human health and the environment. Such performance audit shall be conducted by the department.
L. 83: Entire section added, p. 1094, § 13, effective June 3. L. 94: Entire section amended, p. 633, § 1, effective April 14.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-210 - Sites deemed public nuisance - when

Any hazardous waste disposal site that is found to be abandoned or that is operated or maintained in a manner so as to violate any of the provisions of this part 2 or any rule or regulation adopted pursuant thereto shall be deemed a public nuisance, and such violation may be enjoined by the district court for the judicial district wherein the violation occurred in an action brought by the department, the board of county commissioners of the county wherein the violation occurred, or the governing body of the municipality wherein the violation occurred.
L. 81: Entire article R&RE, p. 1350, § 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-211 - Violation - criminal penalty

Any person who violates any provision of this part 2 commits a petty offense and shall be punished as provided in section
18-1.3-503
. Each day of violation shall be deemed a separate offense under this section. Except in regard to matters of statewide concern as expressed in section
25-15-200.2 (1)
, nothing in this part 2 shall preclude or preempt a county, a city, a city and county, or an incorporated town from the enforcement of its local resolutions or ordinances or of its land use plans, policies, or regulations.
Amended by 2021 Ch. 462, § 474, eff. 3/1/2022.
L. 81: Entire article R&RE, p. 1350, § 1, effective July 1. L. 83: Entire section amended, p. 1095, § 14, effective June 3. L. 2002: Entire section amended, p. 1537, § 270, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3239, § 474, 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-212 - Violation - civil penalty - reimbursement of costs

(1)
Any person who violates any provision of this part 2 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, the board of county commissioners of the county in which the violation occurs, or the governing body of the municipality in which the violation occurs. 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 and credited to the general fund. Except in regard to matters of statewide concern as expressed in section
25-15-200.2(1)
, nothing in this part 2 shall preclude or preempt a county, city, city and county, or an incorporated town from enforcement of its local resolutions or ordinances or of its land use plans, policies, or regulations.
(2)
If the violation for which a penalty has been assessed and paid into the general fund pursuant to this section results in a county, city, municipality, or town incurring costs to remove, contain, or otherwise mitigate the effects of the hazardous waste which was involved in the court action, such entity shall be entitled to reimbursement for its costs, which reimbursement shall not exceed the amount of the penalty collected. A claim for reimbursement shall be filed with the state treasurer. Reimbursement shall be paid by the state treasurer out of those funds attributable to such penalty.
L. 81: Entire article R&RE, p. 1350, § 1, effective July 1. L. 83: (1) amended, p. 1095, § 15, effective June 3.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-213 - County or municipal hazardous waste disposal site fund - tax - fees

Any county or municipality that operates a county or municipal hazardous waste disposal site or sites is authorized to establish a county or municipal hazardous waste disposal site fund. The board of county commissioners of such county or the governing body of the municipality may levy a hazardous waste disposal site tax in addition to any other tax authorized by law, on the taxable property within said county or municipality, the proceeds of which shall be deposited to the credit of said fund and appropriated to pay the cost of land, labor, equipment, and services needed in the operation of county or municipal hazardous waste disposal sites. Any such county or municipality is also authorized, after a public hearing, to fix, modify, and collect service charges from users of county or municipal hazardous waste disposal sites for the purpose of financing the operations at those sites.
L. 81: Entire article R&RE, p. 1351, § 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-214 - Hazardous waste disposal site fund - fees

(1)
Any hazardous waste disposal site which is issued a certificate of designation on or after July 1, 1981, or which receives approval for a substantial change in ownership as required in section
25-15-206(1)
on or after said date shall be required, contingent upon the issuance of a federal or state permit by the county or municipality in which it is located, to pay to the county or municipality in which it is located an annual fee for the purpose of offsetting the estimated direct costs of increased state, county, and municipal services created by the hazardous waste disposal site, including, but not limited to, the improvement and maintenance of roads and bridges, fire protection, law enforcement, monitoring by county or municipal health officials, and emergency preparation and response. The amount of the fee shall be two percent of the annual estimated gross revenue received by the hazardous waste disposal site. Out of the annual fee, the board of county commissioners or the governing body of the municipality shall provide for the reimbursement of governmental units for their estimated direct costs of increased services created by the hazardous waste disposal site. In the event that the site owner or operator fails to pay the annual fee, the board of county commissioners or the governing body of the municipality may suspend the site's certificate of designation until the annual fee has been paid.
(2)
Any county or municipality is authorized to establish a hazardous waste disposal site fund. All fees collected pursuant to subsection (1) of this section shall be deposited to the credit of said fund and appropriated for the purposes for which collected.
L. 81: Entire article R&RE, p. 1351, § 1, effective July 1. L. 83: (1) amended, p. 1095, § 16, effective June 3.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-215 - Contracts with governmental units authorized

(1)
Any governmental unit may contract for the operation of a hazardous waste disposal site.
(2)
Any city, city and county, county, or incorporated town acting by itself or in association with any other such governmental unit may establish and operate a hazardous waste disposal site under such terms and conditions as may be approved by the governing bodies of the governmental units involved. In the event such site is not operated by the governmental unit involved, any contract to operate such a site shall be awarded on a competitive bid basis if there is more than one applicant for a contract to operate such site.
(3)
Any hazardous waste disposal site established in accordance with this section shall be required to obtain a certificate of designation pursuant to this part 2.
L. 81: Entire article R&RE, p. 1351, § 1, effective July 1. L. 83: (3) added, p. 1096, § 17, effective June 3.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-216 - Colorado geological survey to designate optimally suitable areas

Subject to available appropriations, the Colorado geological survey shall conduct a study of the geological suitability of areas of the state for hazardous waste disposal sites. Such study shall designate those areas of the state which the Colorado geological survey finds to be optimally suitable for hazardous waste disposal based upon detailed criteria relating to hydrology, geology, geochemistry, structural geology, geomorphology, climatology, and mineral resources. The designation of optimally suitable areas and the criteria utilized shall be produced in a publication available to the public at a reasonable cost.
L. 83: Entire section added, p. 1096, § 18, effective June 3. L. 2012: Entire section amended, (HB 12-1355), ch. 247, p. 1197, § 5, effective June 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-217 - [Repealed]

L. 83: Entire section added, p. 1096, § 18, effective June 3. L. 91: (2) and (6) amended and (8) to (11) repealed, pp. 892, 883, §§ 21, 1, effective June 5. L. 2005: Entire section repealed, p. 285, § 30, effective August 8.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-218 - [Repealed]

L. 83: Entire section added, p. 1099, § 18, effective June 3. L. 91: Entire section repealed, p. 883, § 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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-219 - Department to study need for disposal sites and feasibility of alternative technologies

(1)
The department shall conduct a study assessing the need for hazardous waste disposal sites in this state. Such study shall identify the volumes and types of hazardous wastes generated in this state and the appropriateness and feasibility of treatment and disposal technologies as alternatives to land disposal. To offset the cost of such study, the department is authorized to expend a maximum of sixty thousand dollars out of the annual appropriation to the department from the hazardous waste service fund pursuant to section
25-15-304
.
(2)
The department may also develop and submit to the general assembly proposed legislation to encourage the development and utilization of alternative technologies for hazardous waste management, which may include, by way of example, tax incentives for the purchase of equipment to implement alternative technologies.
L. 83: Entire section added, p. 1100, § 18, effective June 3.
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 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-220 - [Repealed]

L. 83: Entire section added, p. 1100, § 18, effective June 3. L. 2005: Entire section repealed, p. 286, § 31, effective August 8.
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 25-15-304 - Hazardous waste service fund created

(1)
There is created in the state treasury a hazardous waste service fund, which shall consist of fees collected pursuant to section
25-15-302
(3.5) to reimburse the state for its annual program expenses incurred in the maintenance, monitoring, and other supervision of the lands and facilities used for the storage, treatment, and disposal of hazardous waste. Such money shall be appropriated annually to the department by the general assembly which shall review such expenditures to assure that they are used to accomplish the purposes of this section. All unappropriated balances in the hazardous waste service fund shall remain therein and shall not revert to the general fund.
(2)
Repealed.
Amended by 2022 Ch. 421,§64, eff. 8/10/2022.
Amended by 2020 Ch. 178,§15, eff. 6/29/2020.
L. 81: Entire article R&RE, p. 1357, § 1, effective July 1. L. 2000: Entire section amended, p. 1071, § 5, effective July 1. L. 2020: Entire section amended, (HB 20-1406), ch. 813, p. 813, § 15, effective June 29.
Although the act repealing and reenacting this article was effective July 1, 1981, this section was not effective until November 2, 1984. (See §
25-15-102(3)
.)
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 25-15-306 - Local control of facilities - authorization by department - allocation of fees

The department may enter into an agreement with a county, a city and county, or a municipality within whose jurisdiction is located one or more hazardous waste treatment, storage, or disposal sites or facilities for such local government to provide inspection, monitoring, and emergency response for such sites and facilities. The department shall make available to any such local government a reasonable portion of the fees appropriated from the hazardous waste service fund for conducting such functions. The department shall have the power to reassume any such function granted a local government if it appears to the department that the appropriate expertise is unavailable or that the resources provided are not appropriately applied for the agreed purpose, or if the department and the local government mutually so agree.
L. 81: Entire article R&RE, p. 1357, § 1, effective July 1.
Although the act repealing and reenacting was effective July 1, 1981, this section was not effective until November 2, 1984. (See §
25-15-102(3)
.)
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 25-15-307 - Coordination with other programs

(1)
The department shall coordinate the hazardous waste program with all other programs within the department and with other agencies of federal, state, or local government which are related to hazardous waste.
(2)
For the purposes of the administration and enforcement of this part 3, the department shall coordinate its activities with those of the Colorado state patrol relating to the transportation of hazardous materials. Rules and regulations of the commission relating to the transportation of hazardous waste shall be consistent with the rules and regulations of the Colorado state patrol on the transportation of hazardous materials promulgated pursuant to article
20
of title
42
, C.R.S.
L. 81: Entire article R&RE, p. 1357, § 1, effective July 1. L. 87: (2) amended, p. 1570, § 4, effective July 1. L. 92: (2) amended, pp. 1246, 1260, §§ 9, 24, effective August 1. L. 94: (2) amended, p. 2563, § 72, effective 1/1/1995.
Although the act repealing and reenacting this article was effective July 1, 1981, this section was not effective until November 2, 1984. (See §
25-15-102(3)
.)
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 25-15-311 - [Effective Until 8/7/2024] Disposition of fines and penalties

All receipts from penalties or fines collected under the provisions of sections
25-15-309
and
25-15-310
shall be credited to the general fund of the state.
L. 81: Entire article R&RE, p. 1358, § 1, effective July 1.
Although the act repealing and reenacting this article was effective July 1, 1981, this section was not effective until November 2, 1984. (See §
25-15-102(3)
.)
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 25-15-311 - [Effective 8/7/2024] Disposition of fines and penalties - repeal

(1)
Except as described in subsection (2) of this section, all receipts from penalties or fines collected under sections
25-15-309
and
25-15-310
shall be credited to the general fund of the state.
(2)
(a)
On and after July 1, 2025, all receipts from penalties or fines collected under sections 25-15-309 and 25-15-310 shall be credited to the rural housing and development asbestos and lead paint abatement fund created in section 25-16-312; except that, for the 2025-26 state fiscal year and the 2026-27 state fiscal year, the credits described in this subsection (2) continue only until such time as the total amount of penalties and fines collected pursuant to sections 25-7-511, 25-15-309, and 25-15-310 and credited to the rural housing and development asbestos and lead paint abatement fund equals two hundred thousand dollars.
(b)
This subsection (2) is repealed, effective June 30, 2027.
Amended by 2024 Ch. 356,§ 3, eff. 8/7/2024.
L. 81: Entire article R&RE, p. 1358, § 1, effective July 1.
Although the act repealing and reenacting this article was effective July 1, 1981, this section was not effective until November 2, 1984. (See §
25-15-102(3)
.)
2024 Ch. 356, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 25-15-312 - [Repealed]

L. 81: Entire article R&RE, p. 1358, § 1, effective July 1. L. 83: Entire section repealed, p. 1105, § 28(2), effective 11/2/1984.
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 25-15-313 - Right to claim reimbursement

(1)
A public entity, political subdivision of the state, or unit of local government is hereby given the right to claim reimbursement from the parties or persons responsible for the hazardous waste abandonment or hazardous waste spill for costs resulting from action taken to remove, contain, or otherwise mitigate the effects of a hazardous waste abandonment or hazardous waste spill.
(2)
As used in this section, "abandonment" means the act of leaving a thing with the intent not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.
(3)
Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provision of law.
(4)
Claims for reimbursement made pursuant to this section shall be in accordance with article
22
of title
29
, C.R.S.
L. 83: Entire section added, p. 1106, § 1, effective June 3.
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 25-15-314 - Solid and hazardous waste commission funding

(1)
The commission is hereby authorized to promulgate rules regarding the following:
(a)
(I)
The establishment of fees to offset the reasonable costs actually associated with the operations of the commission. Such fees may be imposed upon generators and transporters of hazardous wastes and upon facilities that treat, store, or dispose of hazardous wastes. Such fees may be based upon a consideration of the quantity of hazardous wastes that is generated, transported, treated, stored, or disposed and the impact on small businesses. The fees imposed by this subparagraph (I) shall not exceed an amount equal to one-half of the appropriation made by the general assembly annually pursuant to section
25-15-315
.
(II)
In addition to the fees imposed pursuant to subparagraph (I) of this paragraph (a), an amount equal to one-half of the appropriation made by the general assembly annually pursuant to section
25-15-315
shall be appropriated from the solid waste management fund created in section
30-20-118
, C.R.S., to be expended for the commission's direct and indirect costs pursuant to this article.
(b)
The establishment of a nominal filing fee to help defray reasonable administrative costs actually associated with processing petitions for interpretive rulings pursuant to sections
25-15-305
and
25-15-308
. No filing fee established pursuant to the provisions of this paragraph (b) shall exceed one hundred dollars.
(2)
All moneys collected pursuant to this section by the commission shall be transmitted to the state treasurer, who shall credit the same to the solid and hazardous waste commission fund created pursuant to section
25-15-315
.
L. 92: Entire section added, p. 1253, § 13, effective August 1. L. 2006: (1)(a) and (2) amended, p. 1132, § 11, 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 25-15-315 - Solid and hazardous waste commission fund - creation

There is hereby established in the state treasury a fund to be known as the solid and hazardous waste commission fund, which shall consist of moneys collected pursuant to section
25-15-314
. All moneys in such fund shall be subject to annual appropriation by the general assembly to the department for the purpose of covering the reasonable costs actually associated with the operation of the solid and hazardous waste commission. All moneys in the solid and hazardous waste commission fund that are not appropriated shall remain in such fund and shall not be transferred or revert to the general fund at the end of any fiscal year. In accordance with section
24-36-114
, C.R.S., all interest derived from the deposit and investment of moneys in the solid and hazardous waste commission fund shall be credited to the general fund.
L. 92: Entire section added, p. 1254, § 13, effective August 1. L. 2005: Entire section amended, p. 287, § 32, effective August 8. L. 2006: Entire section amended, p. 1132, § 12, 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 25-15-316 - Prior acts validated and rules continued

(1)
All acts, orders, and rules adopted by the state board of health under the authority of this article prior to August 1, 1992, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with this article, be deemed and held to be legal and valid in all respects, as though issued by the commission under the authority of this article. No provision of this part 3 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.
(2)
All acts, orders, and rules adopted by the state board of health under the authority of part 1 of article
20
of title
30
, C.R.S., prior to July 1, 2006, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with said provisions, be deemed and held to be legal and valid in all respects, as though issued by the commission under the authority of said provisions. No provision of this part 3 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.
L. 92: Entire section added, p. 1254, § 13, effective August 1. L. 2006: Entire section amended, p. 1132, § 13, 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 25-15-317 - Legislative declaration

The general assembly declares that it is in the public interest to ensure that environmental remediation projects protect human health and the environment. The general assembly finds that environmental remediation projects may leave residual contamination at levels that have been determined to be safe for a specific use, but not all uses, and may incorporate engineered structures that must be maintained or protected against damage to remain effective. The general assembly finds that in such cases, it is necessary to provide an effective and enforceable means of ensuring the conduct of any required maintenance, monitoring, or operation, and of restricting future uses of the land, including placing restrictions on drilling for or pumping groundwater for as long as any residual contamination remains hazardous. The general assembly, therefore, declares that it is in the public interest to create environmental covenants and notices of environmental use restrictions because such covenants and restrictive notices are necessary for the protection of human health and the environment.
L. 2001: Entire section added, p. 452, § 2, effective July 1. L. 2008: Entire section amended, p. 169, § 2, 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 25-15-318 - Nature of environmental covenants

(1)
An environmental covenant shall be perpetual unless by its terms it is limited to a specific duration, unless the department approves a request to terminate or modify it pursuant to section
25-15-319(1)(h)
, or unless it is terminated by a court of competent jurisdiction. An environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed or through adverse possession, nor may an environmental covenant be extinguished, limited, or impaired by reason of the doctrines of abandonment, waiver, lack of enforcement, or other common law principles relating to covenants, or by the exercise of eminent domain.
(2)
Notwithstanding any other provision of law, including any common-law requirement for privity of estate, an environmental covenant shall run with the land and shall bind the owner of the land, the owner's successors and assigns, and any person using the land. An environmental covenant shall not be deemed unenforceable on the basis of:
(a)
A lack of privity of contract;
(b)
A lack of benefit to a particular parcel of land;
(c)
Failure of the environmental covenant to expressly state that it runs with the land; or
(d)
Any other inconsistency with common-law requirements applicable to common-law covenants.
(3)
The requirements and restrictions of an environmental covenant are requirements under this part 3 but may only be enforced as provided in section
25-15-322
. The creation of an environmental covenant does not trigger the application of any other requirement of this part 3.
(4)
The department shall not acquire any liability under state law by virtue of accepting an environmental covenant, nor shall any named beneficiary of an environmental covenant acquire any liability under state law by virtue of being such a beneficiary.
L. 2001: Entire section added, p. 453, § 2, effective July 1. L. 2008: (2) amended, p. 170, § 3, 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 25-15-318.5 - Nature of a notice of environmental use restrictions

(1)
A notice of environmental use restrictions is an agency action based on the state's police power.
(2)
A notice of environmental use restrictions is binding on current and subsequent owners of the affected land and any person using or possessing an interest in the land.
(3)
The requirements and restrictions contained in a notice of environmental use restrictions are requirements under this part 3, but may be enforced only as provided in section
25-15-322
. The creation of a notice of environmental use restrictions does not trigger the application of any other requirement of this part 3.
L. 2008: Entire section added, p. 170, § 4, effective March 24.