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

1)  Section 1.2 is amended by adding the following definitions in alphabetical order to read as follows: 
Section 1.2 Definitions
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“Agent of a wholesaler” as used in Section 16 of these Regulations mean a person who is authorized by the Wholesaler to act for or in place of the Wholesaler to transact the Wholesaler’s business as it relates to the distribution of new tires, lubricating oil, or new lead-acid batteries to retailers and the transportation of waste tires, used oil, or used lead-acid batteries to a separate Wholesaler engaged in the business of recycling collection.  
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“Collection facility” as used in Section 16 of these Regulations means any facility that accepts, aggregates and stores used oil, used lead-acid batteries or waste tires generated elsewhere for transport to a location described in Sections 16.4, 16.5 or 16.6 of these Regulations. 
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“Consumer product” as used in Section 16 of these Regulations means any device that is primarily intended for personal or household use and is typically sold, distributed, or made available to the general population through retail or mail-order distribution.  Such term does not include vehicles, motorcycles, wheelchairs, boats, or other forms of motive power.  The term does include, but is not limited to, computers, games, telephones, radios, and similar electronic devices.
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“De minimis quantities of used oil” as used in Section 16 of these Regulations means small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations; except that the term shall not include used oil discarded as a result of abnormal operations resulting in substantial leaks, spills, or other releases.
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“Do-It-Yourselfer (DIY)” as used in Section 16 of these Regulations means an individual who generates household “do-it-yourselfer” used oil.
“Do-It-Yourselfer used oil collection center” as used in Section 16 of these Regulations means any site or facility that accepts, aggregates and stores used oil collected only from household do-it-yourselfers.
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“Land disposal” as used in Section 16 of these Regulations means placing, discarding, or otherwise disposing of residentially generated solid wastes:
(a)	In any solid wastes disposal site and facility, transfer station, or treatment, storage or disposal facility operated by the state, a local government, or a private entity;
(b)	In sewers, drainage systems, septic tanks, surface or ground waters, watercourses, or any body of water; or
(c)	On the ground.
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“Lead-acid battery” as used in Section 16 of these Regulations means a battery that: 
(a)	Consists of lead and sulfuric acid;
(b)	Is used as a power source; and
(c)	Is not intended as a power source for consumer products.
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“Lubricating oil” as used in Section 16 of these Regulations means the fraction of crude oil or synthetic oil used to reduce friction in motorized equipment.  “Lubricating oil” includes rerefined oil.
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“Person” as used in Section 16 of these Regulations means an individual.  “Person” shall not include waste haulers, as defined in this Section.
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“Recycling facility” means a separate facility, or a part of a solid waste disposal facility, where recycling operations are conducted.
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“Residentially generated” as used in Section 16 of these Regulations means used lead-acid batteries, used oil, and waste tires generated by a person or by removal of said items from a personal vehicle not used primarily for a commercial or business purpose.
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“Retailer” as used in Section 16 of these Regulations means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that engages in the sale of new lead-acid batteries, lubricating oil, or new tires directly to the end user.
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“Secondary lead smelter” as used in Section 16 of these Regulations means a facility that recycles lead-bearing scrap materials into elemental lead or lead alloys by smelting.
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“Self-certification checklist” means a checklist of regulatory requirements applicable to entities affected by one or more Sections of these Regulations.
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“Tire” as used in Section 16 of these Regulations means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway.
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“Used lead-acid battery” as used in Section 16 of these Regulations means any lead-acid battery that is no longer functional or no longer used for its primary purpose.
“Used oil” as used in Section 16 of these Regulations means any residentially generated motor oil, refined from crude oil or a synthetic oil, that has been used and as a result of that use is contaminated by physical or chemical impurities.
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“Waste tire monofill” as used in Section 16 of these Regulations means any duly licensed and permitted solid wastes disposal site and facility or section of solid waste disposal site and facility at which only waste tires are accepted.
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“Wholesaler” as used in Section 16 of these Regulations means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that sells new lead-acid batteries, lubricating oil, or new tires for resale.
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2) New Section 16 is added to read as follows: 

SECTION 16
DISPOSAL OF MOTORIZED EQUIPMENT WASTES

16.1	Scope and Applicability
These regulations apply to the management and disposal of used lead-acid batteries, used oil and waste tires that are residentially generated, under authority of CRS Title 30, Article 20, Part 1 and Part 10.  

16.2	General Provisions
(A)	Land disposal of residentially generated used lead-acid batteries, used oil and waste tires is prohibited.  Land disposal includes, but is not limited to, placing, discarding, or otherwise disposing of these wastes:
(1) 	At a solid waste disposal site and facility; 
(2)	At a transfer station; 
(3)	At a hazardous waste treatment, storage or disposal facility; 
(4)	In sewers;
(5)	In septic tanks; 
(6)	In drainage systems; 
(7)	In surface or groundwaters; 
(8)	In watercourses; 
(9)	In any body of water; or 
(10)	On the ground.
(B)	Placement of these wastes in a receptacle or collection device destined for land disposal, such as a dumpster, is prohibited.  
(C)	Acceptance of these wastes at a solid waste disposal site or facility or transfer station is prohibited, except for the purpose of recycling or collection facility operations.  
(D)	Each entity affected by this Section must comply with all other applicable Colorado statutes and Regulations of the Department, and with all applicable local zoning laws and ordinances.

16.3  Due Diligence Exemption 
16.3.1 Individuals 
Individuals residing in areas without recycling facilities or collection facilities are given the opportunity to demonstrate a lack of reasonable recycling options.  In order to exercise this option, the individual must conduct due diligence to establish that reasonable options are not available.  A finding of due diligence shall be based, at a minimum, on an individual’s inquiry into local recycling options accomplished by querying the local telephone directory and contacting the county or municipality of residence regarding the availability of local recycling facilities, collection centers, or collection events.  In the event that due diligence is exercised and no reasonable recycling option is identified, an individual may dispose of used lead-acid batteries, used oil and/or waste tires in a solid waste disposal site and facility or transfer station.  The individual must contact the intended recipient solid waste disposal site and facility or transfer station to make sure that the facility will accept the used lead-acid batteries, used oil, and/or waste tires.  Nothing in this Section precludes any solid waste disposal site and facility or transfer station from refusing to accept these items on a site-specific basis.
16.3.2 Solid Waste Disposal Sites and Facilities
Each solid waste disposal site and facility must evaluate any due diligence determinations made by individuals, consistent with waste screening criteria already implemented for other waste streams in accordance with Section 2.1.2 of these Regulations.  The individual may be required by the solid waste disposal site and facility to document the due diligence that was performed if such a requirement is identified in the facility’s waste characterization plan required in Section 16.10 of these Regulations.
16.3.3 Collection Facilities
Due diligence is only available to individuals; collection facilities are prohibited from the provisions of due diligence under this exemption.

16.4 Management of Residentially Generated Used Lead-acid Batteries
16.4.1 Used Lead-acid Battery Disposal 
(A) 	Land disposal of residentially generated used lead-acid batteries is prohibited.
(B)	A person shall manage residentially generated used lead-acid batteries by delivery to one of the following entities:
(1)	A retailer or wholesaler engaged in used lead-acid battery collection or recycling;
(2)	A secondary lead smelter;
(3)	A collection facility engaged in used lead-acid battery collection; or
(4)	A recycling facility engaged in used lead-acid battery recycling.
16.4.2 Used Lead-acid Battery Management Standards 
(A)  A retailer, wholesaler, or collection facility that accepts and stores residentially generated used lead-acid batteries shall manage the batteries in a manner that prevents the release of waste or waste constituents to the environment, as follows:
(1)	Any used lead-acid battery that shows evidence of leakage, spillage, or damage that could cause leakage, shall be placed in a container.  The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage;
(2)	Batteries that are not leaking and are in good condition must be stored on pallets or in a comparable manner that keeps all batteries off the ground;
(3)	Batteries stored outside shall be protected from the weather;
(4)	Used lead-acid batteries must be stored in a designated accumulation area indicated by signs, markings, or other identifiers; and
(5)	Any release associated with the storage or recycling of lead-acid batteries must be immediately contained and remediated.
(B) A retailer, wholesaler, or collection facility that accepts and stores residentially generated used lead-acid batteries in accordance with this Section and also accepts and stores used lead-acid batteries regulated under the Colorado Hazardous Waste Regulations 6 CCR 1007-3, may manage residentially generated used lead-acid batteries in accordance with:
(1)	Section 16.4.2(A) above; 
(2)	Hazardous waste requirements for Universal Wastes at 6 CCR 1007-3, Part 273; or
(3)	Hazardous waste requirements for lead-acid batteries being reclaimed in accordance with 6 CCR 1007-3, Part 267, Subpart G.
16.4.3  Retailer Deposit System
Any retailer selling replacement lead-acid batteries may accept from customers used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A lead-acid battery retailer that chooses to set up a deposit system may collect a deposit of at least ten dollars on the sale of an automotive-type replacement lead-acid battery not accompanied by the return of a used lead-acid battery.  The retailer shall return the deposit if the person who paid the deposit returns a used lead-acid battery to the retailer within thirty (30) calendar days of the date of sale. 
16.4.4 Retailer Disposal Options
A retailer accepting used lead-acid batteries from customers in the State shall dispose of said batteries by delivery to one of the following:
(A)	The agent of a lead-acid battery wholesaler or a secondary lead smelter;
(B)	A battery manufacturer for delivery to a secondary lead smelter; 
(C)	A collection facility engaged in used lead-acid battery collection; or
(D) 	A recycling facility engaged in used lead-acid battery recycling.
16.4.5 Lead-acid battery wholesalers
Any wholesaler selling replacement lead-acid batteries may accept from customers, at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers.
16.4.6	Household Hazardous Waste Collection Event Exemption
Used lead-acid batteries that are collected during any periodic household hazardous waste collection event (where such wastes are not accepted on a continuous basis) shall be exempt from the standards in 16.4.2, provided that the used lead-acid batteries are managed to prevent release to the environment and are transferred from the site within thirty (30) calendar days following each collection event.

16.5 Management of Residentially Generated Used Oil 
16.5.1 Used Oil Disposal
(A)	Land disposal of residentially generated used oil is prohibited.
(B)	Notwithstanding Subsection (A) of this Section, a person may dispose of an item or substance that contains de minimis quantities of used oil in a solid waste disposal site and facility under Subsection (A) of this Section if:
(1)	All oil has been removed from the item or substance to the extent reasonably possible; and
(2)	No free-flowing oil remains in the item or substance.
(C)	A person shall dispose of used oil by delivery to one of the following entities:
(1)	A retailer engaged in used oil collection or recycling; 
(2)	A wholesaler engaged in used oil collection or recycling; 
(3)	A collection facility engaged in used oil collection; or 
(4)	A recycling facility engaged in used oil recycling. 
(D)	A retailer shall dispose of used oil by delivery to one of the following entities:
(1)	The agent of a wholesaler engaged in used oil recycling;
(2)	A collection facility engaged in used oil collection for recycling; or
(3)	A recycling facility engaged in used oil recycling.
16.5.2	Used Oil Management Standards
A collection facility that accepts and stores residentially generated used oil must manage the oil as follows:
(A)	For transport to an appropriate recycling facility, the collection facility must comply with requirements set forth in the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Part 279.30 for do-it-yourselfer (DIY) used oil collection centers.  Owners or operators of all DIY used oil collection centers must comply with the generator standards in 6 CCR 1007-3, Part 279, Subpart C. 
(B)	For the co-mingling of used oil generated by household DIY with commercially generated used oil, the collection facility must comply with requirements set forth in the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Part 279.31 for used oil collection centers.

16.6 Management and Disposal of Residentially Generated Waste Tires
For purposes of this Section, waste tire shall refer to a whole tire, as defined in Section 1.2 of these Regulations and in CRS Title 30, Article 20, Part 10.
16.6.1 Waste Tire Disposal 
(A)	Land disposal of residentially generated waste tires is prohibited.  
(B)	A person or commercial tire hauler shall dispose of residentially generated waste tires by delivery to one of the following entities:
(1)	A retailer engaged in waste tire collection or recycling;
(2)	A wholesaler engaged in waste tire collection or recycling;
(3)	A waste tire monofill that has a certificate of designation;
(4)	A collection facility engaged in waste tire collection; or 
(5)	A recycling facility engaged in waste tire recycling.
16.6.2 Retail Disposal System 
A retailer selling replacement tires in the State may accept from customers, at the point of transfer, waste tires of the same general type and in a quantity at least equal to the number of new tires purchased, if offered by customers.  A retailer shall dispose of waste tires by delivery to one of the following:
(A)	The agent of a tire wholesaler;
(B)	A collection facility engaged in waste tire collection; 
(C)	A recycling facility engaged in waste tire recycling; or
(D)	A waste tire monofill that has a certificate of designation.
16.6.3 Wholesale Disposal System 
A wholesaler selling tires in the State may accept from customers, at the point of transfer, waste tires of the same general type and in a quantity at least equal to the number of new tires purchased, if offered by customers.  A wholesaler shall dispose of waste tires by delivery of waste tires to:
(A)	A waste tire monofill that has a certificate of designation; 
(B)	A collection facility engaged in waste tire collection; or 
(C)	A recycling facility engaged in waste tire recycling.
16.6.4 Collection Facility Disposal System
A collection facility shall dispose of waste tires by delivery to a waste tire monofill having a certificate of designation or to a recycling facility engaged in waste tire recycling.
16.6.5 Waste Tire Management Standards 
Collection facilities shall not store tires for a time period longer than two years.  Collection facilities shall store waste tires in accordance with tire pile storage criteria found in Section 10.2.9 (B) of these Regulations and in accordance with all local ordinances and fire protection codes.  Collection facilities shall not store tires in a manner that creates nuisance conditions. Collection facilities may petition the Department on a site-specific basis for a waiver of the two-year waste tire storage time limit, per the provisions set forth in Section 1.5 of these Regulations.
16.6.6	Household Hazardous Waste Collection Event Exemption
Tires that are collected during any periodic household hazardous waste collection event (where such wastes are not accepted on a continuous basis) shall be exempt from the standards in 16.6.5 provided that the waste tires are transferred from the site within thirty (30) calendar days following each collection event.

16.7 Waste Hauler Requirements
Waste haulers must provide notice to their existing customers on or before July 1, 2007, as well as new customers thereafter, that the land disposal of residentially generated used lead-acid batteries, used oil and waste tires is prohibited beginning on July 1, 2007.  The notice shall explain the disposal options available under Sections 16.4, 16.5 and 16.6 of these Regulations for these three waste types.  

16.8 Recordkeeping
Retailers, wholesalers and collection facilities must keep records to demonstrate compliance with this Section.  At a minimum, such records shall include documentation of waste types and volumes, annual reports if applicable, and shipping manifests or records of shipment.  Records shall be maintained onsite for a minimum of 3 years, or as long as the material remains onsite, whichever is greater.

16.9 Enforcement
16.9.1 Violations
Any person who disposes of solid wastes in a manner inconsistent with any of the provisions of C.R.S. 30-20-1001 et. seq. and this Section of the Regulations shall be deemed in violation of an enforceable requirement.  
16.9.2 Criminal Penalties
Any person disposing of residentially generated used lead-acid batteries, used oil or waste tires after July 1, 2007 in violation of C.R.S. 30-20-1001 et. seq. and this Section of the Regulations is guilty of a petty offense punishable by a fine up to one hundred dollars per offense. Each day of violation constitutes a separate offense.  A separate violation occurs for each used lead-acid battery, quart of used oil, and each waste tire disposed of in violation of this Section of the Regulations.   
16.9.3 Inspections
The Department may inspect retailers, wholesalers, collection facilities and recycling facilities to verify compliance with this Section of the Regulations.  As an alternative to physically inspecting the above facilities, the Department may require the above facilities to complete and return a self-certification checklist.  

16.10 Waste Characterization Plans 
Each solid waste site and disposal facility shall amend its waste characterization plans to include waste acceptance procedures designed to minimize the disposal of residentially generated used lead-acid batteries, used oil and waste tires.  Such procedures shall be implemented no later than July 1, 2007.  Solid waste sites and disposal facilities shall include these waste screening procedures in the waste characterization and disposal plan required by Section 2.1.2(C).  The prohibition on disposal of these waste types shall be incorporated into employee training required by Section 2.1.2(B)(3).  Any solid waste disposal site and facility in substantial compliance with its waste characterization plan developed pursuant to section 30-20-110 (1) (g), and Section 2.1.2 of the Regulations, shall be deemed to be in compliance with this Section, so long as such waste characterization plan contains waste acceptance procedures to minimize the disposal of lead-acid batteries, used oil, and waste tires consistent with the requirements of this Section.