DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-2
PART 1  REGULATIONS PERTAINING TO SOLID WASTE SITES AND FACILITIES
PART A  GENERAL REQUIREMENTS AND INFORMATION CONCERNING ALL SOLID WASTE DISPOSAL SITES AND FACILITIES IN THE STATE OF COLORADO
SECTION 1  ADMINISTRATIVE INFORMATION
1.7 SOLID WASTE AUTHORIZATION AND FEES

Amendments adopted by the Solid and Hazardous Waste Commission on November 16, 2010:

Solid Waste User Fee (SWUF) Amendments to § 1.7.1 and § 1.7.4 
1) Revise Section 1.7.1 to read as follows:
1.7.1     Authorization  The Department is authorized per Section 25-16-104.5, C.R.S. and Section 30-20-109, C.R.S., as amended, to collect solid waste user fees, hourly activity fees and annual facility fees.  

2) Revise Section 1.7.4 to read as follows:
1.7.4     Solid Waste User Fee
A.	Beginning April 1, 2011 the operator of each attended solid waste disposal site shall, at the time of disposal, collect a solid waste user fee from waste producers or other persons disposing of solid waste at the following rates:

1)	Thirteen cents ($0.13) per cubic yard or forty-three cents ($0.43) per ton on each load transported into the solid waste disposal site for disposal by any vehicle, or an equivalent amount determined using the conversion factors in subsection 1.7.4(A)(4) to support the costs described in § 25-16-104.5(1.7)(a)(I), C.R.S.;	Solid Waste User Fee	Cubic Yard Rate	Ton Rate	
		Solid Waste Program
§ 25-16-104.5(1.7)(a)(I)	$0.13	$0.43	
2)
	Sixteen cents ($0.16) per cubic yard or fifty-three cents ($0.53) per ton on each load transported into the solid waste disposal site for disposal by any vehicle, or an equivalent amount determined using the conversion factors in subsection 1.7.4(A)(4) to support the costs described in § 25-16-104.5(1.7)(a)(II), C.R.S.; and	Hazardous Substance Response Fund
§ 25-16-104.5(1.7)(a)(II)	$0.16	$0.53	
		Department of Law
§ 25-16-104.5(1.7)(a)(III)	$0.03	$0.10	
3)	Three cents ($0.03) per cubic yard or ten cents ($0.10) per ton on each load transported into the solid waste disposal site for disposal by any vehicle, or an equivalent amount determined using the conversion factors in subsection 1.7.4(A(4) to support the costs described in § 25-16-104.5(a)(III), C.R.S.	Total SWUF
Note: Does not include $0.07/yd3 RREO fee as defined in § 25-16-104.5(3.9)	$0.32	$1.06	
B.   Equivalent rate structure:  A facility may request that the Department approve an equivalent rate structure for the facility that is based upon the population of the defined service area for the facility. The service area population shall be based upon official Colorado demographic figures that are established under the most recent national census. Each facility using an equivalent rate structure must update its demographic data every five years to ensure that its service area population remains subject to the equivalent rate structure.
1.    The equivalent rate structure will only be available to facilities that have a service area population of no more than 3500 people. All other facilities must utilize the fee structure set forth in § 25-16-104.5, C.R.S.
2.    A facility must request an equivalent rate structure in writing. The facility shall submit the applicable population data, and a map and/or description of the service area to the Department as part of its request.
3.   The equivalent rate structure shall be based on the following formula:
4.5 lbs./person/day x 365 days/year divided by 2,000 lbs./ton = X tons/year
(X tons/year x 3.333 cubic yards/ton) x (the cubic yard rate that is established in current statute) = the dollar amount to be paid per annum.
C.	Allowable expenditures and reporting:  Local jurisdictions operating disposal facilities and collecting user fees are allowed to use these fees to cover their expenses in performing response activities at National Priority List (NPL) sites, pursuant to  § 25-16-104.5(3)(b), C.R.S. The following provisions set forth the reporting requirements, allowable expenses, and other aspects of fee collection and retention or use under this citation.
1.    A jurisdiction must obtain approval from the Department to use or retain for future use, fees as provided in statute. The jurisdiction shall submit a written request including the name of the site, what response activities are to be taken, the requirement for taking such action (e.g., a Record of Decision, Consent Decree or an Order), and estimates of how much money will be expended and over what period of time. The information provided must demonstrate compliance with the provisions of  § 25-16-104.5, C.R.S. and these regulations, which shall be the criteria for approval or disapproval by the Department. The Department will use its best efforts to complete its review of such requests within 30 days.
2.    A jurisdiction may retain fees pending the Department's decision and any appeal thereof; however, the jurisdiction may not expend such fees until approval is granted by the Department. The Department shall provide a jurisdiction with a written statement of reasons for any disapproval or partial disapproval. A jurisdiction may appeal the Department's determination in accordance with the Colorado Administrative Procedures Act, Section 24-4-105 C.R.S.
3.    A jurisdiction that expends fee monies on designated sites listed on the NPL shall be subject to quarterly reporting requirements. The jurisdiction shall report to the Department all fee monies collected, monies remitted to the solid waste management fund, and monies expended pursuant to statute to fund response activities at NPL sites during the previous quarter. The jurisdiction shall further describe the expended funds on a site specific and activity specific basis, including the site name and the nature of the expenditure. If credits are requested against future expenditures as per paragraph 6 of this subsection, the jurisdiction shall specify the amount, site name and proposed activities. The jurisdiction shall also report the amount of interest or dividend gained on any retained fees and how it was retained, used or remitted on a site-specific basis.
4.    A jurisdiction shall remit any fees and accrued interest not retained or used for allowable expenses as described herein to the Department on a quarterly basis.
5.    If a jurisdiction has received settlement monies for response activities from other responsible parties, the jurisdiction must first use such settlement monies for those response activities before using retained fees. In order to obtain Department approval to retain and spend retained fees on NPL sites where such settlement monies have been received, the jurisdiction must submit information on the settlement to the Department, with an accounting of these monies to show that they have been expended.
6.    Only the costs of response activities at sites on the NPL where the local jurisdiction is required to perform such activities as a consequence of being a potentially responsible party (as defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the National Contingency Plan) or as a result of a Record of Decision, Order, Consent Decree, Consent Agreement, or other agreement between the local jurisdiction and the U.S. Environmental Protection Agency, qualify for retention and expenditure of collected fees. Allowable expenses include, but are not limited to: the costs of producing required documents such as Remedial Investigations, Feasibility Studies, Records of Decision, and Remedial Designs; the cost of constructing remedial or removal actions; and legal costs associated with the negotiation of orders with the U.S. Environmental Protection Agency. Allowable expenses do not include, without limitation: certain litigation costs, including cost recovery; costs incurred as a regulatory oversight agency that are not required by the U.S. Environmental Protection Agency; additional actions taken at the discretion of the jurisdiction that are not required by the U.S. Environmental Protection Agency; and costs associated with sites that are not on the NPL.
7.    Upon approval from the Department, a jurisdiction may be credited fees for future allowable expenses, if it can be shown that the expenditure and remittance of fees as described above will not cover the estimated allowable expenses. This need must be demonstrated by showing projected allowable expenditures against expected revenues from retained fees. The approval of the Department will be based on compliance with § 25-16-104.5, C.R.S. and these regulations regarding allowable expenses. In addition, the Department may consider other factors such as the time period of retention, in assessing such a request.
D.   Audit:  The Department may audit a facility in order to ascertain whether or not the facility is in compliance with these regulations and the governing statute.
1.    An operator of a solid waste disposal facility shall retain all records regarding the collection and remittance of solid waste user fees for a period of three years.
2.    A jurisdiction shall retain all records relating to its retention and/or expenditure of solid waste user fees for a minimum of three years, at which time it may request that the records no longer be retained.