DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

State Board of Health/Hazardous Materials and Waste Management Division

6 CCR 1007-2

Part 1 - Regulations Pertaining to Solid Waste Sites and Facilities

Section 1.2 Definitions
Add the following new definitions:
“Passenger tire equivalents” means a conversion measurement that is used to estimate waste motor vehicle tire weights and volume amounts defined as an average sized whole passenger/light truck tire weighing twenty (20) pounds and occupying a volume of four (4) cubic feet.
“Tire” means a pneumatic rubber covering designed to encircle the wheel of a motor vehicle, as such term is defined in section 42-1-102 (58) C.R.S., in which a person or property is or may be transported or drawn upon a highway.
“Transportation” means transport of persons or property by motor vehicle, bus, truck, railroad, light rail, mass transit, airplane, bicycle, or any other form of transport.  Transportation includes pedestrian transportation.
“Waste hauler” means any individual or any employee or agent of a partnership, private, county, or municipal corporation, firm, board of a metropolitan district, or other association of persons that haul waste under contract, agreement, or as otherwise provided by law, to Solid Wastes Disposal Sites and Facilities.
“Waste motor vehicle tire” means a tire used for a motor vehicle, as such term is defined in section 42-1-102 (58), C.R.S. (except that motor vehicle shall not include motorcycles), which is no longer suitable for its original intended purpose because of wear, damage, or defect.
“Waste motor vehicle tire hauler” means a person who commercially transports waste motor vehicle tires for compensation.
“Waste motor vehicle tire monofill” means any duly licensed and permitted Solid Wastes Disposal Site and Facility or section of Solid Wastes Disposal Site and Facility at which waste motor vehicle tires are accepted.
“Waste motor vehicle tire recycling facility” means a commercial waste motor vehicle tire management facility that is regulated under the Recycling Section 8 of these Regulations (6 CCR 1007-2).
“Waste motor vehicle tire storage site” means a commercial waste motor vehicle tire management facility that is regulated under the Scrap Tire Facilities Section 10 of these Regulations (6 CCR 1007-2).
“Waste tire” means a light-duty whole tire used on a passenger-type vehicle or truck that is no longer suitable for its original intended purpose because of wear, damage, or defect.  “Waste Tire” does not include waste tires from any device moved exclusively by human power.

Add the new Section 15 as follows:
SECTION 15
WASTE MOTOR VEHICLE TIRE HAULERS
15.1	PURPOSE
The purpose of this section 15 is to provide a regulatory structure for the commercial transportation of waste motor vehicle tires for storage and/or disposal in this state in accordance with Colorado Revised Statute 25-17-204 (“the Act”).
15.2	SCOPE AND APPLICABILITY
15.2.1	The Regulations of this section apply to commercial Waste Motor Vehicle Tire Haulers and address registration, recordkeeping, enforcement, and surety requirements.
15.2.2	Nothing in this section shall preclude or preempt a local governing authority from enforcement of local ordinances related to waste motor vehicle tires that are at least as restrictive as the regulations of this section.
15.2.3	EXEMPTIONS – The requirements of this section do not apply to:
(A)	Waste Haulers who operate a vehicle that is primarily engaged in the process of collection and transportation of solid wastes (e.g., municipal solid waste, construction and demolition debris, etc.) other than waste motor vehicle tires;
(B)	Waste Haulers that only travel through the state with waste motor vehicle tires as part of interstate commerce and do not deposit, transfer, store or dispose of any waste motor vehicle tires within this state;
(C)	Persons who transport products made from recycled waste motor vehicle tires for sale or other distribution; or
(D)	Commercial freight carriers that haul waste motor vehicle tires under contract with a Waste Motor Vehicle Tire Hauler.
15.3	REGISTRATION REQUIREMENTS FOR COMMERCIAL WASTE MOTOR VEHICLE TIRE HAULERS
15.3.1	Waste motor vehicle tires may only be transported to the following types of facilities, sites and users in this state for storage and/or disposal:
(A)	A waste motor vehicle tire storage site;
(B)	A waste motor vehicle tire monofill site;
(C)	A municipal or privately owned solid waste landfill site that is operating in compliance with the requirements of applicable law;
(D)	A beneficial user of waste motor vehicle tires;
(E)	A waste motor vehicle tire recycling facility; or
(F)	A facility that possesses a valid air quality permit if the permit allows for an approved beneficial use of the waste motor vehicle tires and the facility is not used to store waste motor vehicle tires for more than a ninety (90) calendar day period prior to any beneficial use.
15.3.2	On or after January 1, 2006, no person shall transport waste motor vehicle tires in this state unless the person has registered with the Department by submitting an APPLICATION FOR CERTIFICATE OF REGISTRATION AS A COLORADO WASTE MOTOR VEHICLE TIRE HAULER (FORM TH-1) to the Solid Waste Unit within the Hazardous Materials and Waste Management Division of the Department.  The application may be obtained by contacting the Department.
15.3.3	Once a completed application is submitted to the Department, it will serve as the certificate of registration, provided that an accompanying surety bond has been posted in accordance with subsection 15.3.7, pending designation of a registration number onto the application form and issuance of a legible copy of such to the applicant by the Department.
15.3.4	An application for a certificate of registration (Form TH-1) must be submitted to the Department via certified mail and must include the following:
(A)	The business name of the Waste Motor Vehicle Tire Hauler and any other names under which the Waste Motor Vehicle Tire Hauler may do business;
(B)	The principal business address of the Waste Motor Vehicle Tire Hauler and any other address where the Waste Motor Vehicle Tire Hauler shall conduct commercial transportation of waste motor vehicle tires for storage or disposal activities in this state;
(C)	A business telephone number(s);
(D)	The name and address of the principal officer of a corporate Waste Motor Vehicle Tire Hauler or the owner or owners of a Waste Motor Vehicle Tire Hauler operating a proprietorship or partnership;
(E)	The original signature and date of signature of the Waste Motor Vehicle Tire Hauler applicant; and
(F)	Evidence that a surety bond has been posted in accordance with subsection 15.3.7.
15.3.5	Failure to submit a complete and proper application for certificate of registration (Form TH-1) will result in the Department’s denial of the application.
15.3.6	The Waste Motor Vehicle Tire Hauler must retain a legible copy of its certificate of registration at the Waste Motor Vehicle Tire Hauler’s principal business address and any other address at which the Waste Motor Vehicle Tire Hauler does business in Colorado.  A legible copy must also be carried in each vehicle owned or rented by the Waste Motor Vehicle Tire Hauler that is used for hauling waste motor vehicle tires.  Such copy must be shown to a Department representative upon request.
15.3.7	A Waste Motor Vehicle Tire Hauler must acquire and maintain a surety bond in the amount of $10,000 submitted on a form prepared by the Department (Form TH-2).  This form may be obtained by contacting the Department.  Those Waste Motor Vehicle Tire Haulers registered prior to the effective date of this section 15 must acquire and maintain such surety bond within ninety (90) calendar days of the effective date of this section 15.  The purpose of the surety bond is to provide limited financial assurance for the cleanup and proper disposal of waste motor vehicle tires delivered by a Waste Motor Vehicle Tire Hauler to any facility, site or user other than those set forth in subsection 15.3.1.
(A)	The surety bond provided to the Department must be issued subject to the laws and jurisdiction of the State of Colorado and must be issued by a surety company authorized by the commissioner of insurance to do business in Colorado.  The surety bond provided to the Department must have original signatures.  The wording of the surety bond must be identical to the wording on Form TH-2.
(B)	The surety bond must name the Director, Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division as the obligee for the surety bond.
(C)	The surety bond must be continuous in nature, unless canceled by the surety company.  The Department must be notified sixty (60) calendar days prior to cancellation of the surety bond.  Notice must be provided in writing via certified mail to the Division Director.   
(D)	In the event of cancellation of a surety bond, the Waste Motor Vehicle Tire Hauler must provide a replacement surety bond, executed by an authorized surety company, within thirty (30) calendar days of the Department’s receipt of the notice of cancellation of the existing surety bond.  Should the Waste Motor Vehicle Tire Hauler fail to submit alternate bond coverage by the thirty-first (31) calendar day following receipt by the Department of the Notice of Cancellation, the Waste Motor Vehicle Tire Hauler’s certificate of registration shall be immediately suspended.  
(E)	The Surety’s liability is limited to the amount of the surety bond.  The amount of monies recoverable from the Waste Motor Vehicle Tire Hauler, however, is not limited to the amount of the bond.  A Waste Motor Vehicle Tire Hauler shall be responsible for paying for any financial obligations, beyond $10,000 should the Department successfully obtain the $10,000 from the Surety pursuant to the terms of the surety bond, caused by improper disposal of waste motor vehicle tires by the Waste Motor Vehicle Tire Hauler or the Waste Motor Vehicle Tire Hauler’s employee while acting within the scope of employment, as determined by the Department.  
(F)	The owner or operator may cancel the surety if the Department has given prior written consent. The Department will provide such written consent when:
(1)	An owner or operator substitutes alternate financial assurance as specified in this section; or
(2)	When the Waste Motor Vehicle Tire Hauler has completed all activities required by the Department under this section 15 including written notification that the Waste Motor Vehicle Tire Hauler is no longer in business and/or the date that the waste motor vehicle tire hauling activities ceased.
15.3.8	The following information must be displayed in permanent marking on each side of each piece of equipment owned by the Waste Motor Vehicle Tire Hauler that is used for the hauling of waste motor vehicle tires, in a color sharply in contrast to the background color of the piece of equipment and so that it is large enough to be easily read at a distance of fifty (50) feet during daylight hours while the equipment is stationary.
(A)	The name of the registered Waste Motor Vehicle Tire Hauler under whose authority the equipment is being operated.
(B)	The certificate of registration number of the Waste Motor Vehicle Tire Hauler, as assigned by the Department.  The Waste Motor Vehicle Tire Hauler must apply the following letters and symbol “CO TH” preceding the assigned certificate of registration number.
15.4	RECORD KEEPING AND ANNUAL REPORTING REQUIREMENTS FOR COMMERCIAL WASTE MOTOR VEHICLE TIRE HAULERS
15.4.1	A Waste Motor Vehicle Tire Hauler must create a manifest for each load of waste motor vehicle tires.  Receipts, invoices, bills of lading, or other record-keeping forms may be used in lieu of a manifest but the following information must be documented in a legible manner for each load of waste motor vehicle tires hauled and disposed of by the Waste Motor Vehicle Tire Hauler.  All generators and haulers of commercial waste motor vehicle tires in Colorado must use this manifest.
(A) The manifest or other record keeping form must include the:
(1)	Name of the generator of the waste motor vehicle tires;
(2)	Quantity of waste motor vehicle tires in the load either measured by actual number of waste motor vehicle tires by category (e.g., passenger car/light-duty truck tires, semi-truck tires, etc.), volume of waste motor vehicle tires measured in cubic feet or weight of waste motor vehicle tires measured in tons; 
(3)	Name and certificate of registration number of the Waste Motor Vehicle Tire Hauler;
(4)	Date of transport;
(5)	Destination of waste motor vehicle tires;
(6)	Signature and date of signature of the generator, the Waste Motor Vehicle Tire Hauler, and the destination facility.
15.4.2	A Waste Motor Vehicle Tire Hauler must do the following:
(A)	Carry a manifest (or other record-keeping form) of each load in the vehicle while hauling the waste motor vehicle tires described on the record.
(B)	Retain a completed copy of the manifest (or other record-keeping form) of each load for a minimum of three (3) years.
(C)	Provide a completed copy of the manifest (or other record-keeping form) of each load to the applicable waste motor vehicle tire generator and destination facility within thirty (30) calendar days after the hauler takes possession of the waste motor vehicle tires.
(D)	Make a copy of any manifest (or any other record-keeping form) available to the Department upon request.
15.4.3	A Waste Motor Vehicle Tire Hauler must report annually to the Department on a form created by the Department, COMMERCIAL WASTE MOTOR VEHICLE TIRE HAULER ANNUAL REPORT (Form TH-3).
(A)	The report shall account for the number of waste motor vehicle tires transported by the Waste Motor Vehicle Tire Hauler during the previous calendar year beginning January 1 and ending December 31.  Waste motor vehicle tire quantities are to be reported exclusively by actual count of motor vehicle tires by category (e.g., passenger car/light-duty truck tires, semi-truck tires, etc.), or exclusively by weight in tons.  Passenger tire equivalents may be used to convert from one category to the other.  If both weight and volume of the waste motor vehicle tires are known, then the weight of the waste motor vehicle tires must be used to determine the number of passenger tire equivalents.  
(B)	The annual report must be received by the Department, via certified mail, by March 1 of each year following receipt of certificate of registration and must include the following:
(1)	Quantity of waste motor vehicle tires collected by the Waste Motor Vehicle Tire Hauler from within Colorado for the applicable reporting period;
(2)	Quantity of waste motor vehicle tires that are brought to Colorado locations by the Waste Motor Vehicle Tire Hauler from out-of-state sources during the applicable reporting period;
(3)	Final disposition of all the waste motor vehicle tires collected during the applicable reporting period by listing each waste motor vehicle tire storage site, waste motor vehicle tire monofill site, or municipal or privately owned solid waste landfill site, recycling site, or other beneficial site of end use, and the total quantities of waste motor vehicle tires that the waste tire hauler has delivered to each.
(4)	Documentation that the surety bond is paid and current.
15.4.4	A Waste Motor Vehicle Tire Hauler must notify the Department in writing of any change in the information contained in the certificate of registration application form.  This notification must be received by the Department as part of the annual report (Form TH-3) filed by the Waste Motor Vehicle Tire Hauler and must be included in the annual report due to the Department no later than March 1 immediately following the change(s) in information.  A failure to properly inform the Department of changes to a certificate of registration in accordance with this section shall result in immediate suspension of the certificate of registration and may result in revocation of the certificate of registration.
15.5	COMMERCIAL WASTE MOTOR VEHICLE TIRE HAULERS: INSPECTIONS AND ENFORCEMENT
15.5.1	Inspections.  Inspections of a Waste Motor Vehicle Tire Hauler’s business location(s) and vehicle(s) and equipment owned or operated by a Waste Motor Vehicle Tire Hauler may be conducted by authorized representatives of the Department to evaluate compliance with the Act and the Regulations of this section 15.
(A)	Authorized representatives of the Department will have access to all such business locations and vehicles and equipment owned or operated by a Waste Motor Vehicle Tire Hauler during normal working hours.
(B)	Inspections will be made upon consent or pursuant to a search warrant issued by the Colorado District Court in the judicial district where the business or vehicle and/or equipment owned or operator by a Waste Motor Vehicle Tire Hauler is located, when it is demonstrated to the court that entry to such business location or vehicle and/or equipment owned or operated by a Waste Motor Vehicle Tire Hauler is required to verify compliance with the Act.
(C)	No prior notification is required for such inspections.
15.5.2	Enforcement.  Whenever the Department determines that any person is or has been in violation of any standard, regulation, rule, or order established, issued, or adopted under the provisions of the Act, the Department may take appropriate steps to address the violations.
(A)	Suspending/Revoking a Waste Motor Vehicle Tire Hauler Certificate of Registration.  The Department may suspend or revoke the Waste Motor Vehicle Tire Hauler’s certificate of registration when the Department determines that any person is or has been in violation of any standard, regulation, rule, or order established, issued, or adopted under the provision of the Act.
(B)	Initiating and Resolving Compliance Advisories.  A Compliance Advisory may be issued when the Department deems it appropriate to notify the respondent that a violation has occurred or is occurring. It shall include the factual basis for the violations. It does not constitute an agency action subject to appeal, but does constitute notice to the respondent of the violation(s). 
(1) Compliance Advisories may be resolved by: 
(a) 	An Informal Conference that shall be available to the respondent. The Informal Conference may be either by telephone, in person or by mail. The respondent shall be given the opportunity to submit additional materials addressing the basis for the Department’s belief that a violation has occurred or is occurring. 
(b) 	A No Violations Letter that shall be issued by the Department, if, after receipt of the facility’s response, the Department determines that some or all of the violations did not occur. It shall inform the respondent in writing and attach a copy of the correspondence to the Compliance Advisory in the respondent’s file. 
(c) 	A No Further Action Letter that shall be issued by the Department to the respondent, if, after the InformalConference or submittal of additional information, the Department finds, based upon the available information, that compliance with some or all of the violations in the Compliance Advisory has been achieved. A copy of the No Further Action Letter shall be attached to the Compliance Advisory in the respondent’s file. 
(i) 	A No Further Action letter shall serve to document, which violations have been remedied as of the date of issuance of such letter, and shall inform the respondent that no further action regarding those violations is necessary by the respondent to come into compliance with the specified requirements. 
(ii) 	The issuance of such No Further Action letter shall not preclude the Department from issuing an Administrative Enforcement Action in accordance with subsection C below or from initiating a criminal action pursuant to section 25-17-204(4), C.R.S. for the violation(s) cited in the Compliance Advisory.
(d) 	If, in the case of a Compliance Advisory, no Informal Conference is held or if after the Informal Conference the Department determines that some or all the violations cited in the Compliance Advisory are correct, the Department may issue a Compliance Order.
(C)	Initiating Administrative Enforcement Actions.  A Compliance Order may be issued whenever the Department finds, based upon information provided to the Department, discovered by the Department during an inspection or otherwise in the possession of the Department, that the respondent is or has been in violation of the Act, any subsequent rule or regulation or any certificate of registration, or previously issued Compliance Order. 
(1) 	All Compliance Orders shall be served upon the respondent by registered mail, return receipt requested, or via personal service. 
(2) 	A Compliance Order shall identify the factual and legal elements of each violation. A Compliance Order may be prohibitory or mandatory in effect and may state what steps the respondent must take to prevent or remediate any violations. 
(D)	Resolving Compliance Orders.  An Informal Conference shall be available to the respondent to whom a Compliance Order has been issued. 	
(1)	The Informal Conference may be either by telephone, in person or by mail. 
(a) 	The respondent may offer any evidence or argument concerning the existence or gravity of the violations alleged in the Compliance Order at an Informal Conference. 
(b) 	The respondent may also discuss the terms of the order and may request further explanation of the violations. 
(c) 	The respondent need not be represented by legal counsel at the Informal Conference, although the respondent may choose to do so. 
(d) 	A respondent’s acceptance of an offer for an Informal Conference does not stay the effectiveness of any provision of a Compliance Order pursuant to Section 24-4-105, C.R.S. that is specified to be effective immediately unless otherwise agreed to in writing by the Department. Failure to accept an offer to attend an Informal Conference shall not preclude a respondent from filing an appeal of the Compliance Order. 
(2) 	Following the Informal Conference, the Department may reissue the Compliance Order as originally issued, modify the order, or withdraw the order. 
(a)	A modified or reissued Compliance Order shall become effective upon receipt by the respondent unless provided otherwise in such Compliance Order and is subject to appeal in accordance with subsection E below. 
(b)	If after consideration of any information provided by the respondent, the Department determines that all of the violations did not occur, the Department shall withdraw the Compliance Order.  A copy of the letter withdrawing the Compliance Order shall be included in the administrative record for the Compliance Order in the respondent’s file.  
(3) 	Unless otherwise provided for in a Compliance Order, if no Informal Conference is held or if a Compliance Order is originally issued as fully effective, the Compliance Order shall be subject to appeal in accordance with subsection E below. 
(4) 	If after consideration of any information provided by the respondent, the Department determines that some of the violations did not occur; the Department shall issue a No Violation Letter identifying such violations. A copy of the No Violation Letter shall be included in the administrative record for the Compliance Order in the respondent’s file.   
(5) 	If after consideration of information provided by the respondent, the Department determines that the respondent has come into compliance with some or all of the violations, the Department shall issue a No Further Action Letter to the respondent and include said letter in the administrative record for the Compliance Order in the respondent’s file.  
(a) 	A No Further Action Letter shall serve to document which violations have been remedied as of the date of the letter. 
(b) 	The issuance of such No Further Action letter shall not preclude the Department from issuing a Compliance Order in accordance with this Section or from initiating a criminal action pursuant to Section 25-17-204(4), C.R.S. for the violations cited in the Compliance Order.
(E)	Appeals of Compliance Orders.  After the Compliance Order is effective, but within thirty (30) calendar days of the effective date, the respondent may file a notice of appeal requesting an adjudicatory hearing pursuant to 	provisions of Section 24-4-105, C.R.S., with the Division of Administrative Hearings and the Department. 
(1)	Failure to file such notice of appeal within thirty (30) calendar days shall terminate the respondent’s right to challenge the Compliance Order.
(2) 	The filing of a notice of appeal shall not stay the respondent’s obligation to comply with an effective Compliance Order. 
(3)	All Compliance Orders are effective upon receipt unless provided otherwise in the Compliance Order.
(4) 	Within thirty (30) calendar days of the date that the administrative law judge issues his/her decision, the Executive Director of the Department shall review the decision and make a determination regarding the final agency action. The respondent’s obligations under the Compliance Order shall not be stayed pending determination of the final agency action by the Executive Director.
(5)	All appeals of determinations of final agency action by the Executive Director shall be filed with the Denver District Court no later than thirty (30) calendar days after the respondent’s receipt of the determination.