DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division
6 CCR 1007-2

Statement of Basis and Purpose AND SPECIFIC STATUTORY AUTHORITY for
Amendments to the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2 Part 1) – Amendment of § 1.5.2 

(Adopted by the Solid and Hazardous Waste Commission on August 18, 2009)
Basis and Purpose
This amendment to 6 CCR 1007-2, Section 1.5.2 is made pursuant the authority granted to the Solid and Hazardous Commission in Sections 25-15-302(4.5) and 30-20-109, C.R.S.
This amendment revises section 1.5.2 to include sections 14 through 17 in the list of regulatory sections that an applicant may submit, and the Department can grant a waiver request for.
In accordance with the current requirements of 6 CCR 1007-2, section 1.5.2 for the Department’s consideration of a specific written waiver request application and documentation, the Department may, after consultation with the governing body having jurisdiction, waive compliance with the standards in sections 2 through 13 of the regulations provided that the application satisfies the following criteria:
•	The benefits derived from meeting a standard do not bear a reasonable relationship to the economic, environmental, and energy impacts or other factors which are particular to the facility; and
•	Such waiver is consistent with the purposes of the Act and solid waste regulations; and
•	Such waiver is not deemed to constitute a major variation from the requirements of these regulations; and 
•	The waiver will not cause or allow the violation of any air or water quality standard or federal or local restrictions.
This amendment corrects the inadvertent omission of including a reference to sections 14 through 17 in section 1.5.2 when these sections were originally added to the solid waste regulations.