C.R.S. Section 25-15-202
Application for certificate

  • review by department and Colorado geological survey
  • hearing

(1)

Any person desiring to operate a hazardous waste disposal site shall make application for a certificate of designation to the board of county commissioners of the county or to the governing body of the municipality in which such site is proposed to be located.

(2)

The application shall be accompanied by a fee established by the board of county commissioners or the governing body of the municipality by resolution or ordinance, which fee shall not exceed fifty thousand dollars and which fee may be refunded in whole or in part. Fifty percent of such fee shall be transmitted to the department to offset the costs of the department’s review pursuant to subsection (4) of this section, including possible costs of reimbursement to other state agencies which assist in such review. The application shall set forth the following: The location of the site; the types of waste to be accepted or rejected; the types of waste disposal; the method of supervision; and the anticipated access routes in the county in which the site is located. The application shall also contain such data as may reasonably be required by rules of the commission developed pursuant to section 25-15-208 to enable the department and the Colorado geological survey to perform their duties under subsection (4) of this section.

(3)

The clerk of the county or municipality shall promptly notify the county commissioners and the governing body of any other county or municipality within twenty miles of a proposed hazardous waste disposal site of the filing of an application for a certificate of designation therefor.

(4)

Intentionally left blank —Ed.

(a)

Within ten working days of an application for a certificate of designation and prior to further consideration, the board of county commissioners or the governing body of the municipality, as the case may be, shall forward a copy of the application to the department and to the Colorado geological survey.

(b)

The Colorado geological survey shall review each application received by it and make a recommendation to the department on the geological suitability of the proposed hazardous waste disposal site for land disposal of hazardous waste, based upon the geological, hydrological, climatological, geochemical, and geomorphological characteristics of the site. Such recommendation shall be submitted to the department within sixty days of the Colorado geological survey’s receipt of the application.

(c)

Within ninety days of its receipt of the application, the department shall make findings of fact on the technical merits of the application and provide such findings of fact to the board of county commissioners or the governing body of the municipality. The findings of fact shall at a minimum include:

(I)

A determination as to whether the site could be designed and operated in compliance with applicable rules and regulations adopted by the commission pursuant to section 25-15-208;

(II)

A determination as to whether the site is located within an area designated to be optimally suitable for hazardous waste disposal by the most recent study of the Colorado geological survey made pursuant to section 25-15-216 and, if not, as to whether the site is suitable for the land disposal of hazardous waste as demonstrated by reliable geologic, hydrologic, and other scientific data;

(III)

A recommendation to the board of county commissioners or the governing body of a municipality, as the case may be, as to whether the application for a certificate of designation should be approved. A recommendation for approval may only be made upon affirmative findings of facts under subparagraphs (I) and (II) of this paragraph (c).

(5)

The application shall be considered by the board of county commissioners or the governing body of the municipality, as the case may be, at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing and shall state that the matter to be considered is the applicant’s proposal for a hazardous waste disposal site. The notice shall be published in a newspaper having general circulation in the region in which the proposed hazardous waste disposal site is located at least ten but no more than thirty days prior to the date of the hearing.

Source: Section 25-15-202 — Application for certificate - review by department and Colorado geological survey - hearing, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑15‑101
Definitions 25‑15‑102
Effective dates 25‑15‑103
Technical assistance 25‑15‑104
Disposal service 25‑15‑200.1
Short title 25‑15‑200.2
Legislative declaration 25‑15‑200.3
Definitions 25‑15‑201
Certificate required - disposal prohibited - exceptions 25‑15‑202
Application for certificate - review by department and Colorado geological survey - hearing 25‑15‑203
Grounds for approval 25‑15‑204
Certificate 25‑15‑205
Permit required for operation - burial of liquids prohibited 25‑15‑206
Substantial change in ownership, design, or operation 25‑15‑206.5
Revocation or suspension of certificate 25‑15‑207
Judicial review 25‑15‑208
Commission to promulgate rules and regulations - limitations 25‑15‑209
Inventory required 25‑15‑209.5
Inspection required 25‑15‑209.6
Performance audits 25‑15‑210
Sites deemed public nuisance - when 25‑15‑211
Violation - criminal penalty 25‑15‑212
Violation - civil penalty - reimbursement of costs 25‑15‑213
County or municipal hazardous waste disposal site fund - tax - fees 25‑15‑214
Hazardous waste disposal site fund - fees 25‑15‑215
Contracts with governmental units authorized 25‑15‑216
Colorado geological survey to designate optimally suitable areas 25‑15‑219
Department to study need for disposal sites and feasibility of alternative technologies 25‑15‑301
Powers and duties of department 25‑15‑301.5
Additional powers of department - legislative declaration - report 25‑15‑302
Solid and hazardous waste commission - creation - membership - rules - fees - administration - definitions 25‑15‑303
Requirements for hazardous waste treatment, storage, and disposal sites and facilities - permits 25‑15‑304
Hazardous waste service fund created 25‑15‑305
Judicial review 25‑15‑306
Local control of facilities - authorization by department - allocation of fees 25‑15‑307
Coordination with other programs 25‑15‑308
Prohibited acts - enforcement 25‑15‑309
Administrative and civil penalties 25‑15‑310
Criminal offenses - penalties 25‑15‑311
Disposition of fines and penalties 25‑15‑313
Right to claim reimbursement 25‑15‑314
Solid and hazardous waste commission funding 25‑15‑315
Solid and hazardous waste commission fund - creation 25‑15‑316
Prior acts validated and rules continued 25‑15‑317
Legislative declaration 25‑15‑318
Nature of environmental covenants 25‑15‑318.5
Nature of a notice of environmental use restrictions 25‑15‑319
Contents of environmental covenants and notices of environmental use restrictions 25‑15‑320
Environmental covenants - when required - waiver 25‑15‑321
Creation, modification, and termination of an environmental covenant 25‑15‑321.5
Notice of environmental use restrictions - creation, modification, and termination 25‑15‑322
Enforcement - remedies 25‑15‑323
Registry of environmental covenants and notices of environmental use restrictions 25‑15‑324
Coordination with affected local governments 25‑15‑325
Other interests not impaired 25‑15‑326
Validation 25‑15‑327
Applicability 25‑15‑328
Household medication take-back program - creation - collection and disposal of medication injection devices - liability - definitions - cash fund - rules 25‑15‑401
Legislative declaration 25‑15‑402
Infectious waste - definitions 25‑15‑402.5
Disposition of fetal tissue 25‑15‑403
Generator management plan 25‑15‑404
On-site disinfection 25‑15‑405
Appropriate treatment and disposal - nonliability 25‑15‑406
Penalty 25‑15‑407
Presumption of noninfectiousness 25‑15‑501
Short title 25‑15‑502
Definitions 25‑15‑503
Certificate required - incineration or processing of hazardous waste prohibited - exceptions 25‑15‑504
Application for certificate - review by governing body 25‑15‑505
Grounds for approval 25‑15‑506
Certificate 25‑15‑507
Substantial change in ownership, design, or operation 25‑15‑508
Revocation or suspension of certificate 25‑15‑509
Judicial review 25‑15‑510
Rules - limitations 25‑15‑511
List of hazardous wastes - final inventory 25‑15‑512
Inspections of hazardous waste incinerator or processor sites 25‑15‑513
Violation - criminal penalty 25‑15‑514
Violation - civil penalty - reimbursement of costs 25‑15‑515
Annual fees - commercial hazardous waste incinerator or processor funds 25‑15‑601
Short title 25‑15‑602
Legislative declaration 25‑15‑603
Definitions - repeal 25‑15‑604
Prohibition on the sale or distribution of certain consumer products that contain intentionally added PFAS chemicals - product label requirements for cookware
Green check means up to date. Up to date

Current through Fall 2024

§ 25-15-202’s source at colorado​.gov