COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
WATER QUALITY CONTROL COMMISSION
5 CCR 1002-64
BIOSOLIDS REGULATION
REGULATION NO. 64
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64.7	FEES 
A.	Assessment of Fees and Billing
(1)	A non-refundable fee of one dollar and eighty-seven cents ($1.87) per dry ton of biosolids shall be assessed to generators whose biosolids are used for beneficial purposes.  The Division will notify generators when adjustments are made to the fee schedule and the effective date for implementing the changes.
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64.30	STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; (January 2008 Hearing)
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S, provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission.  The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., the following Statement of Basis and Purpose.
BASIS AND PURPOSE
The Commission found that the reduction of the biosolids fees from $2.11 per dry ton to $1.87 per dry ton was necessary because the biosolids program has generated more revenue in the past three years than the legislature has given the program the authority to spend.  Therefore the Division is seeking a fee reduction to avoid exceeding the allowable 16.5 % statutory fund balance carryover established under the TABOR amendment.  The cost to operate the biosolids program has been below the revenues the program has generated.