C.R.S. Section 30-20-1404
Waste tire administration, enforcement, market development, and cleanup fund

  • creation
  • rules

(1)

There is hereby created in the state treasury the waste tire administration, enforcement, market development, and cleanup fund, referred to in this section as the “fund”, consisting of the fee revenue credited pursuant to section 30-20-1403 and any other money appropriated to it. The general assembly shall annually appropriate the money in the fund to the department for its direct and indirect administrative and enforcement costs in administering and enforcing this part 14. The state treasurer shall credit all interest earned on the investment of money in the fund to the fund. Any unexpended and unencumbered money in the fund in excess of sixteen and one-half percent of the previous fiscal year’s expenditures at the end of any fiscal year shall be credited:

(a)

Through December 31, 2025, to the end users fund created in section 30-20-1405; and

(b)

On and after January 1, 2026, to the general fund.

(2)

The department shall use the money in the fund for:

(a)

Collecting the fee assessed in section 30-20-1403 (1);

(b)

Inspecting retailers to determine whether all fees are being collected;

(c)

Enforcing the requirements of this part 14 pursuant to existing authority, including sections 30-20-113 and 30-20-114;

(d)

Developing a system to address the receipt by registered persons of unmanifested waste tires from unregistered haulers;

(e)

Repealed.

(f)

Hiring a contractor to clean up waste tires and tire-derived product that have been illegally disposed of or have been disposed of at a landfill pursuant to section 30-20-1009 (2) and funding a grant program to reimburse local governing authorities for cleaning up waste tires and tire-derived products that have been illegally disposed of or have been disposed of at a landfill pursuant to section 30-20-1009 (2);

(g)

Financing one-time or occasional community cleanup events where waste tires are accepted for drop-off by persons not engaged in commercial or industrial activity and where, at the conclusion of the event, the waste tires are either picked up by a registered waste tire hauler or transported to a registered waste tire hauler or to any registered facility;

(h)

Training and hiring contractors to provide training in the implementation of this part 14;

(i)

Providing grants to law enforcement, fire departments, local health departments, state agencies, and any other applicable entities for purchasing equipment and supplies to implement this part 14;

(j)

Training of and enforcement by entities that enforce this part 14;

(k)

Awarding grants and developing educational programs for enforcement, fire prevention and suppression, proper waste tire management and disposal, training, and customer technical assistance;

(l)

Maintaining an online complaint form and processes for law enforcement, fire departments, and citizens to report potential waste tire violations;

(m)

and (n) Repealed.

(o)

Encouraging waste tire market development; and

(p)

Reimbursing the division of fire prevention and control in the department of public safety for:

(I)

Inspections of facilities where waste tires are present conducted by the division to determine whether the waste tire collection facilities, waste tire processors, and waste tire monofills are in compliance with the rules promulgated by the director of the division pursuant to section 24-33.5-1203.5 (2); and

(II)

Technical and other assistance the division provides to the department or the public related to waste tires, including assistance related to:

(A)

The development of fire prevention education materials; and

(B)

Review of fire prevention plans.

(3)

If the department is denied access or if consent to access has not been given to clean up a site where the department reasonably believes waste tires exist illegally, the department may obtain from the district court for the judicial district in which the property is located a warrant to enter the property and remove the waste tires.

(4)

Intentionally left blank —Ed.

(a)

In addition to any penalties assessed, the department may issue an order requiring the owner or operator to compensate the department for the cost of remediation of the site, and the department may request the attorney general to bring suit for compensation from the owner or operator for money expended remediating the site. The department shall use the recovered moneys to reimburse the fund for actual costs of remediating the site and of seeking compensation pursuant to this section. The state treasurer shall credit all additional moneys to the general fund.

(b)

The department may place a lien on a property on which the department funds the remediation of waste tires pursuant to this section until the costs of remediation have been repaid to the department. If complete repayment has not been made before a sale of the property, the department shall be repaid in full, to the extent possible, from proceeds of the sale.

(5)

Intentionally left blank —Ed.

(a)

In providing assistance pursuant to this section, the department shall give primary consideration to protection of public health and the environment.

(b)

In awarding contracts for services pursuant to this section, the department may give preferential bidding treatment to individuals or entities that will recycle, pursuant to rules of the department concerning recycling, and reuse, rather than dispose of, the waste tires.

(6)

The department shall, either itself or through a contractor, create a priority abatement list of illegal waste tire disposal sites.

(7)

The department and the department of transportation shall coordinate with one another to systematically investigate and research the use of tire-derived aggregates in technically feasible and economically viable civil applications associated with the department of transportation’s roadway mission. The department shall include any findings regarding tire-derived aggregates, as appropriate, in the department’s annual report to the general assembly.

(8)

Notwithstanding any other provision of this section, on June 30, 2020, the state treasurer shall transfer five million three hundred seventy-two thousand four hundred fifteen dollars from the fund to the general fund.

Source: Section 30-20-1404 — Waste tire administration, enforcement, market development, and cleanup fund - creation - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-30.­pdf (accessed Oct. 20, 2023).

30‑20‑100.5
Legislative declaration 30‑20‑101
Definitions 30‑20‑101.5
Additional powers of the department - legislative declaration 30‑20‑102
Unlawful to operate site and facility without certificate of designation - rules - exceptions 30‑20‑102.5
Requirement for certificate of designation deemed satisfied - when 30‑20‑103
Application for certificate 30‑20‑103.5
Existing solid wastes disposal sites and facilities - application procedures 30‑20‑103.7
Review of applications by private contractors 30‑20‑104
Factors to be considered 30‑20‑104.5
Closure and postclosure care estimates - corrective action cost estimates - financial assurance requirements - rules 30‑20‑105
Certificate - state financial assurance requirements 30‑20‑107
Designation of exclusive sites and facilities 30‑20‑107.5
Operation of landfill gas facilities within solid wastes disposal sites and facilities 30‑20‑108
Contracts with governmental units authorized 30‑20‑109
Commission to promulgate rules - definitions 30‑20‑110
Minimum standards 30‑20‑110.5
Beneficial use of biosolids - water quality control commission to set fees - fund created - repeal 30‑20‑111
Departments to render assistance 30‑20‑112
Revocation of certificate 30‑20‑113
Inspection - enforcement - nuisances - violations - civil penalty 30‑20‑114
Violation - penalty 30‑20‑115
Solid wastes disposal site and facility fund - tax - fees 30‑20‑116
Privately owned solid wastes disposal site and facility - user fees 30‑20‑117
Siting and operation of solid waste-to-energy incineration system 30‑20‑118
Solid waste management fund - created 30‑20‑119
Disposal of low-level radioactive waste 30‑20‑120
Imminent and substantial endangerment from solid waste - definitions 30‑20‑122
Additional duties of the department - data collection on recycling, solid waste, and solid waste diversion - report 30‑20‑124
Closed landfill remediation grant program - creation - administration - application process - uses of grant program money - advisory committee - rules - fund - evaluation - report - definitions - repeal 30‑20‑201
Legislative declaration 30‑20‑202
Creation - proviso 30‑20‑203
Powers 30‑20‑204
Budget 30‑20‑205
Character of this part 2 30‑20‑301
Definitions 30‑20‑302
Public improvements within and without boundaries 30‑20‑303
Anticipation warrants 30‑20‑304
Power to lease 30‑20‑305
Terms and interest 30‑20‑306
Revenue and sinking fund - pledge of general income prohibited 30‑20‑307
Donations or gifts 30‑20‑308
Authentication before delivery 30‑20‑309
Obligations payable from project revenue only 30‑20‑310
Numbering and retirement 30‑20‑401
Definitions 30‑20‑402
Powers 30‑20‑403
Authorization of facilities and bonds 30‑20‑404
Bond provisions 30‑20‑405
Signatures on bonds 30‑20‑406
Tax exemption 30‑20‑407
Covenants in bond resolution 30‑20‑408
No county liability on bonds 30‑20‑409
Remedies of bondholders 30‑20‑410
Refunding bonds 30‑20‑411
Incontestable recital in bonds 30‑20‑412
Application of bond proceeds 30‑20‑413
Continuing rights of bondholders 30‑20‑414
Validation 30‑20‑415
Effect of and limitations upon validation 30‑20‑416
Compulsory sewer connections - owner to be notified 30‑20‑417
Resolution adopted 30‑20‑418
Cost of connection 30‑20‑419
Appropriation from system 30‑20‑420
Failure to pay rates and charges - lien 30‑20‑421
Prior rates and charges declared valid 30‑20‑422
Construction of this part 4 30‑20‑501
Short title 30‑20‑502
Legislative declaration 30‑20‑503
Definitions 30‑20‑504
Authority of governing body 30‑20‑505
Organization petition - contents 30‑20‑506
Bond of petitioners 30‑20‑507
Notice of hearing 30‑20‑508
Hearing - dismissal - findings - declaration - when action barred 30‑20‑509
Recording of resolution 30‑20‑510
Governing body constitutes board - duties 30‑20‑511
Meetings 30‑20‑512
General powers of district 30‑20‑512.5
Local improvement districts - authority to establish 30‑20‑513
Determination of special benefits - factors considered 30‑20‑514
Power to levy taxes 30‑20‑515
Determining and fixing rate of levy 30‑20‑516
Levies to cover deficiencies 30‑20‑517
County officers to levy and collect taxes - liens 30‑20‑518
Property sold for taxes 30‑20‑519
Reserve fund 30‑20‑520
Inclusion or exclusion - petition - notice - hearing - order 30‑20‑521
Liability of property 30‑20‑522
Board can issue bonds - form - legislative declaration 30‑20‑527
Procedure 30‑20‑528
Correction of faulty notices 30‑20‑529
Early hearings 30‑20‑530
County jurisdiction unimpaired 30‑20‑531
Method not exclusive 30‑20‑532
Confirmation of board actions and powers 30‑20‑533
Exemption from taxation 30‑20‑534
Limitation of actions 30‑20‑601
Power to make local improvements 30‑20‑601.5
Legislative declaration - inclusion of energy efficiency and renewable energy production projects in local improvement districts 30‑20‑602
Definitions 30‑20‑603
Improvements and funding authorized - how instituted - conditions - definitions 30‑20‑604
Cost assessed in accordance with benefits 30‑20‑604.5
District sales tax 30‑20‑605
Property of irregular form - assessment 30‑20‑606
Determination of special benefits - factors considered 30‑20‑607
Statement of expenses - apportionment 30‑20‑608
Notice of apportionment 30‑20‑609
Hearing on objections 30‑20‑610
Assessment constitutes a lien - filing with county clerk and recorder - corrections 30‑20‑611
Assessment roll 30‑20‑612
When assessments payable - installments 30‑20‑613
Effect of payment in installments 30‑20‑614
How installments paid - interest 30‑20‑615
Penalty for default - payment of balance 30‑20‑616
Payment in full - assessment roll returned - payment of share 30‑20‑617
Sale of property for nonpayment - county may purchase property on default 30‑20‑618
Power of board to contract debt - question submitted to voters 30‑20‑619
Issuing bonds - property specially benefited 30‑20‑619.5
Issuing refunding bonds 30‑20‑620
Bonds negotiable - interest 30‑20‑622
Contracts for construction - bond - default 30‑20‑623
Provisions to be inserted 30‑20‑624
Utility connections may be ordered before paving - costs - default 30‑20‑625
No action maintainable - exception - grounds - limitations 30‑20‑626
Requirements of publication of notice 30‑20‑627
Local improvements completed - dissolution 30‑20‑628
County treasurer - policies and procedures 30‑20‑701
Legislative declaration 30‑20‑702
County may establish districts 30‑20‑702.5
Acquisition of land by Larimer county authorized 30‑20‑703
Powers of county commissioners 30‑20‑704
Budget 30‑20‑705
Purpose 30‑20‑801
Creation of cemetery districts 30‑20‑802
Petition for creation of district 30‑20‑803
Board of directors - meetings 30‑20‑804
District officers 30‑20‑805
Powers of district 30‑20‑806
Taxation 30‑20‑807
Cemetery district fund 30‑20‑808
Abandoned graves - right to reclaim 30‑20‑901
Legislative declaration 30‑20‑902
Definitions 30‑20‑903
County authority relating to solid waste-to-energy incineration systems 30‑20‑904
Department of public health and environment rules 30‑20‑1001
Definitions 30‑20‑1002
Lead-acid batteries - disposal limitations 30‑20‑1003
Lead-acid batteries - collection for recycling 30‑20‑1004
Lead-acid battery wholesalers 30‑20‑1005
Used oil disposal limitations 30‑20‑1009
Inspection - enforcement - nuisances - violations - civil penalty 30‑20‑1010
Violation - penalty 30‑20‑1101
Short title 30‑20‑1102
Legislative declaration 30‑20‑1103
Definitions 30‑20‑1104
Integrated project delivery contracts - authorization - effect of other laws 30‑20‑1105
Integrated project delivery contracting process - prequalification of participating entities - apprentice training 30‑20‑1106
Requests for proposals - evaluation and award of integrated project delivery contracts 30‑20‑1107
Supplemental provisions 30‑20‑1108
Types of contracts 30‑20‑1201
Short title 30‑20‑1202
Definitions 30‑20‑1203
Eligible clean energy project financing - county approval - private activity bond financing 30‑20‑1301
Short title 30‑20‑1302
Legislative declaration 30‑20‑1303
Definitions 30‑20‑1304
Power to create federal mineral lease districts 30‑20‑1305.5
Powers of a district 30‑20‑1306
Board of directors - appointment or election - removal 30‑20‑1307
Board of directors - powers and duties 30‑20‑1401
Legislative declaration - rules - enforcement - recyclable material 30‑20‑1402
Definitions 30‑20‑1403
Waste tire fee - distribution - rules 30‑20‑1404
Waste tire administration, enforcement, market development, and cleanup fund - creation - rules 30‑20‑1405
End users fund - creation - quarterly rebates - rules - repeal 30‑20‑1407
Scope 30‑20‑1408
Waste tire haulers 30‑20‑1409
Waste tire generators - requirements - exemptions 30‑20‑1410
Used tire management 30‑20‑1411
Waste tire collection facility - requirements - exemptions 30‑20‑1412
Waste tire processors - requirements 30‑20‑1413
Mobile processors - requirements 30‑20‑1414
Limitations on the disposal of tires 30‑20‑1415
Waste tire monofills - requirements 30‑20‑1416
End users 30‑20‑1417
Decals - manifests
Green check means up to date. Up to date

Current through Fall 2024

§ 30-20-1404’s source at colorado​.gov