DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Amendments to Change “Hazardous Waste Commission” References to “Solid and Hazardous Waste Commission”
1) The definition of “Commission” in Section 260.10 is revised to read as follows: 

§ 260.10 Definitions

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"Commission" means the Solid and Hazardous Waste Commission created pursuant to section 25-15-302, C.R.S.

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2) Paragraph (a) of Section 260.20 is revised to read as follows: 

§ 260.20 General.

(a) In accordance with the Colorado Administrative Procedures Act, C.R.S. 1988, 24‑4‑101 et seq., and with the Procedural Rules for the Hazardous Waste Commission as found in Part 7 of these regulations, to the extent that there is no conflict with the following provisions, any person may petition the Commission to modify or revoke any provision in Parts 260 through 267, 268, and 273 of these regulations.  This section sets forth general requirements which apply to all such petitions.  Section 260.21 sets forth additional requirements for petitions to add a testing or analytical method to Part 261, 264 or 265 of these regulations.  Section 260.22 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from § 261.3 of these regulations or the lists of hazardous wastes in Subpart D of Part 261 of these regulations.  Section 260.23 sets forth additional requirements for petitions to amend Part 273 of these regulations to include additional hazardous wastes or categories of hazardous waste as universal waste.

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3) Paragraph (e) of Part 99 is revised to read as follows: 

PART 99 - NOTIFICATION

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(e) Persons who have previously filed a notification of regulated waste activity with the Department or EPA are required to file an updated notification with the Department whenever the location and/or general description of activities of such persons change.  No updated notification shall be required solely for changes in the identified or listed hazardous wastes handled by such person.  The updated notification, if necessary, shall be filed annually at the time the Solid and Hazardous Waste Commission Fee is due pursuant to 6 CCR 1007-3, § 6.04.

4) Paragraph (c) of Section 101.4 is revised to read as follows: 

§ 101.4 APPEALS OF ADMINISTRATIVE ENFORCEMENT ACTIONS

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(c)  APPEALS OF ADMINISTRATIVE DETERMINATIONS

All appeals of determinations by the Division of Administrative Hearings regarding Compliance Orders and Emergency Orders shall be taken in accordance with § 25-15-308(3)(h), C.R.S., and shall be filed with the Denver District Court no later than thirty calendar days after the effective date of the determination.  All appeals of determinations by the Division of Administrative Hearings regarding Administrative Penalty Assessments shall be taken in accordance with § 25-15-308(3)(i), C.R.S., and shall be filed with the Administrator of the Solid and Hazardous Waste Commission no later than thirty calendar days after the effective date of the determination.  

5) The Title of Part 6 is revised to read as follows: 

 PART 6 SOLID AND HAZARDOUS WASTE COMMISSION FEES

6) Section 6.01 of Part 6 is revised to read as follows: 

§ 6.01 Authority.

Authority for the Solid and Hazardous Waste Commission to promulgate these rules is found at section 25‑15‑314(a) and (b), C.R.S.  These rules are intended to be consistent with the requirements of section 25‑15‑301, et seq., C.R.S.

7) Paragraph (a) of Section 6.02 is revised to read as follows: 

§ 6.02 Scope and Purpose.

(a) These rules shall govern the assessment of fees by the Solid and Hazardous Waste Commission on generators and transporters of hazardous waste and facilities that treat, store or dispose of hazardous waste. These fees are assessed against those entities that have a Colorado Environmental Protection Agency identification number.  The fee schedule is based upon and is intended to cover the reasonable costs actually associated with the operations of the Commission.

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8) The definition of “Commission” in paragraph (b) of Section 6.03 is revised to read as follows: 

§ 6.03 Definitions.
For purposes of this part, the following definitions shall apply:
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(b) "Commission" means the Solid and Hazardous Waste Commission created pursuant to section 25‑15‑302, C.R.S.
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9) Paragraph (b) of Section 6.04 is revised to read as follows: 

§ 6.04 Annual Commission Fee.

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(b) Any entity that falls into two or more of the above categories, shall pay the fee for each such category.  Any entity or person required to pay an annual fee under § 6.04 shall pay that fee by September 15 of each year.  If the fee is not paid timely, the matter shall be referred to the enforcement section for action.  Delinquent accounts will also be turned over to State Collections for action.  Payment shall be made to the Colorado Department of Public Health and Environment and said monies shall be credited to the Solid and Hazardous Waste Commission Fund.

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10) Paragraph (b) of Section 6.05 is revised to read as follows: 

§ 6.05 Filing Fee.

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(b) Payment shall be made to the Colorado Department of Public Health and Environment and said monies shall be credited to the Solid and Hazardous Waste Commission Fund.

11) Section 6.06 of Part 6 is revised to read as follows: 

§ 6.06 Purpose.

The fundamental purpose of these rules is to establish the fees which will be imposed by the Solid and Hazardous Waste Commission ("Commission") to individual generators, transporters, and treatment, storage or disposal facilities ("TSDFs") to fund the reasonable costs of the operation of the Commission.  These rules also set the amount of the filing fee to be paid by a party requesting an interpretive rule.  These rules are promulgated pursuant to section 25‑15‑314(1), C.R.S.  The rules are needed because the Commission is a cash funded program and without the implementation of fees to pay for the reasonable expenses and operating costs of the Commission, the Commission cannot perform its statutorily mandated duties of promulgating hazardous waste rules, issuing interpretive rules and reviewing administrative penalties.

12) The Title of Part 7 is revised to read as follows: 

PART 7  PROCEDURAL RULES FOR THE SOLID AND HAZARDOUS WASTE COMMISSION

13) Section 7.01 of Part 7 is revised to read as follows: 

§ 7.01 Authority.

Authority for the Solid and Hazardous Waste Commission to promulgate these rules is found at section 25-15-302(7)(b), C.R.S.  These rules are intended to be consistent with the requirements of the State Administrative Procedure Act, section 24-4-101 et seq., C.R.S., and section 25-15-301, et seq., C.R.S.  Where there is a conflict between the requirements of the State Administrative Procedure Act and section 25-15-301, et seq., C.R.S. the provisions of section 25-15-301, et seq., C.R.S. shall prevail.

14) Paragraphs (a) and (c) of Section 7.02 are revised to read as follows: 

§ 7.02 Scope and Purpose.
(a) These rules shall govern all procedures and hearings before the Solid and Hazardous Waste Commission and are intended to assure that such procedures and hearings are fair and impartial as required by section 25-15-302(7)(b), C.R.S.
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(c) It is the intent of the Solid and Hazardous Waste Commission to conduct its duties and responsibilities in a way which fosters substantive discussion on the issues and minimizes burdensome procedures which impede the Commission's substantive work.  

15) The definitions of “Commission” and “Commissioner” in paragraphs (b) and (c) of Section 7.03 are revised to read as follows: 

§ 7.03 Definitions.

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(b) "Commission" means the Hazardous Waste Commission created pursuant to section 25-15-302, C.R.S.

(c) "Commissioner" means a duly appointed member of the Hazardous Waste Commission.

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16) Section 7.12 of Part 7 is revised to read as follows: 

§ 7.12 Purpose.

The fundamental purpose of these rules is to establish procedural rules by which the Solid and Hazardous Waste Commission ("Commission") shall conduct its meetings, formal rule-making, reviews of administrative penalties and informal proceedings.  The rules also set forth any pre-hearing proceedings and procedures that the Commission may impose.  These rules are promulgated pursuant to section 25-15-302(7)(b), C.R.S.  The rules are intended to assure that such procedures and hearings before the Commission are fair and impartial, comply with the requirements of the Colorado Administrative Procedures Act, section 24-4-101 et seq., C.R.S., and 25-15-301, et seq., C.R.S., and to foster substantive discussion on the issues and minimize burdensome procedures.

17) Section 7.13 of Part 7 is revised to read as follows: 

§ 7.13 Basis.

The basis for these regulations was the passage of Senate Bill 116, during the 1991-1992 legislative session.  That Act created the Hazardous Waste Commission and authorized it to promulgate rules for the operation of the Commission and hearings and proceedings before the Commission.  The Act also authorized the Commission to be the promulgating and adopting entity for hazardous waste regulations in the state, a duty previously performed by the Colorado State Board of Health, to issue interpretive rules and to review the amounts of administrative penalties affirmed by an administrative law judge. 

These rules are based on specific requirements set forth in section 25-15-301, et seq., C.R.S. and the requirements of the Administrative Procedures Act, section 24-4-101, et seq., C.R.S.

These rules were amended on September 21, 1993 to correct typographical errors and inadvertent omissions. 

In 2006, as a result of Senate Bill 06-171, the Hazardous Waste Commission was renamed the Solid and Hazardous Waste Commission and assumed rulemaking responsibilities from the State Board of Health over solid waste.  These Part 7 rules were amended on May 17, 2011 to reflect this name change.  

18) Section 8.76 {Statement of Basis and Purpose for the Rulemaking Hearing of May 17, 2011} is added to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of May 17, 2011
8.76 	Basis and Purpose.
These amendments to 6 CCR 1007-3, Parts 260, 99, 101, 6 and 7 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Amendment to Change “Hazardous Waste Commission” References to “Solid and Hazardous Waste Commission”
In 2006, as a result of Senate Bill 06-171, the Hazardous Waste Commission was renamed the Solid and Hazardous Waste Commission and assumed rulemaking responsibilities from the State Board of Health over solid waste.  These amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Parts 260, 99, 101, 6 and 7 are made to reflect this name change.