6 Colo. Code Regs. § 1007-4-1

Current through Register Vol. 47, No. 20, October 25, 2024

Section 6 CCR 1007-4-1 - ADMINISTRATIVE INFORMATION

1.1Authority These regulations are promulgated pursuant to the Solid Waste-to-Energy Incineration Systems Act,Title 30, Article 20, Part 9 and Title 31, Article 15, Part 10, C.R.S. 1983. ,

1.2Definitions as used in these regulations, unless the context otherwise requires:

1.2.1 "Act" means the Solid Waste-to-Energy Incineration Systems Act,Title 30, Article 20, Part 9 and Title 31, Article 15, Part 10, C.R.S. 1983.

1.2.2 "Amended Application" means a document which proposes modifications to an existing site or facility that constitute a substantial change in operations.

1.2.3 "Approved solid waste-to-energy facility" means a site or facility for which a certificate of approval from the Hazardous Materials and Waste Management Division,, has been obtained if the facility is sited and operated by a county or Municipality separately or by an intergovernmental agreement. For privately operated facilities not operated under contract to a county and/or municipality, an "approved solid waste-to-energy facility" means a site or facility for which a certificate of designation has been obtained pursuant to the Solid Waste Disposal Sites and Facilities Act.

1.2.4 "Department" means the Colorado Department of Public Health and Environment.

1.2.5 "Hazardous Waste" - Any solid waste included by definition in Section 25-15-101(6) C.R.S.(1989) of the Colorado Hazardous Waste Act.

1.2.6 "Infectious Waste" - Waste containing pathogens or biologically active material which because of its type, concentration and quantity could present a potential hazard to human health when improperly handled, stored, processed, transported or disposed of.

1.2.7 "Management" - means the handling, storage, collection, transportation and disposal of solid waste.

1.2.8 "Municipal Solid Waste" - Solid waste from community, commercial and industrial sources that does not contain hazardous wastes as defined in Section 25-15-101(6) C.R.S.(1989) of the Colorado Hazardous Waste Act unless otherwise regulated by the Department.

1.2.9 "Municipal Solid Waste-to-Energy Incineration Facility" A facility utilizing municipal solid waste as a primary or supplemental fuel for the conversion of heat into steam, electrical power, or other form of energy. The facility includes all on-site waste processing activities, support facilities, access roads, air and water pollution control and treatment systems, and any other activities resulting from municipal solid waste-to-energy incineration operations.

1.2.10 "Municipal Solid Waste Incinerator Ash" -means the bottom ash, flyash or air pollution control residues and other residuals of the combustion process from the operation of incinerator or energy recovery, facilities managing municipal solid waste.

1.2.11 "Person" - means an individual, partnership, private or municipal corporation, firm, or other association of persons.

1.2.12 "Processing" - the act of changing the physical or chemical properties of a waste.

1.2.13 "Recyclable materials" - means a type of material that is subject to reuse or recycling.

1.2.14 "Solid Waste" - means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities. "Solid Waste" does not include any solid or dissolved materials in domestic sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions of the "Colorado Water Qualify Control Act", Title 25, Article 8C.R.S.(1989), or materials handled at facilities licensed pursuant to the provisions of the "Radiation Control Act" Title 25, Article 11, C.R.S. (1989).

1.2.15 "Special Waste" any solid waste which requires special handling or disposal procedures. Special wastes include, but are not limited to: asbestos, bulk tires or other bulk materials, sludges and infectious waste.

1.2.16 "State Certificate of Approval" Certificate issued by the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division.

1.2.17 "State Certificate of Approval Application" - A document containing an engineering design and operations report prepared in accordance with sections 2.1through 3.1.4of these regulations.

1.2.18 "Substantial change in operations - means any redesign or planned construction which the Department determines could significantly change the planned design performance of a waste-to-energy facility as originally approved, such as an increase in volume above the approved capacity, the addition of a category of wastes or other waste handling processes that have not been previously reviewed and accepted as complying with these regulations, or the selling or transferring of the facility and State Certificate of Approval to a new operator.

1.3Scope

1.3.1 No person may operate a solid waste-to-energy facility sited and operated by a county or municipality separately or according to an intergovernmental agreement, without first obtaining a State Certificate of Approval from the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division upon completion of the solid waste-to-energy facility application review process.

1.3.2 Privately operated solid waste-to-energy facilities located in the unincorporated portion of any county and not under contract to a county and/or municipality must obtain a Certificate of Designation from the board of county commissioners as required by the Solid Waste Disposal Sites and Facilities Act and outlined in Section 1.6of the Solid Waste Disposal Sites and Facilities Regulations.

1.3.3 Approval by the Hazardous Materials and Waste Management Division shall not relieve the applicant of the obligation to comply with the requirements of other public agencies, including but not limited to, the Air Pollution Control Division, the Water Quality Control Division and local government permitting and zoning authorities.

1.3.4 The Department shall be requested in writing, by the board of county commissioners or the governing body of the municipality in which the facility is located, to begin the technical review process. Applicants are encouraged to coordinate the state and local review processes.

1.3.5 The construction, operation and closure of all solid waste-to-energy facilities shall comply with the designs, specifications and procedures outlined in the State Certificate of Approval application, or amended State Certificate of Approval application as approved by the Department: and with the provisions of these regulations.

1.3.6 Technical guidelines, including specific: technical factors, will be developed as necessary and issued by the Department to assist the applicant, local governments, and the public.

1.3.7 An amended Certificate of Approval application shall be made for a substantial change in operations as defined in Section 1.2 of these regulations, and shall be referred to the Department for review and approval before such changes shall become: effective. The applicant should also investigate the local review process for any requirements for a "substantial change" in operations.

1.3.8 In its consideration of an application, and in the exercise of its regulatory authority to assure compliance with theses regulations, the Department may waive compliance with any standard in these regulations provided that:

(a) The benefits derived from meeting a standard do not bear a reasonable relationship to the economic, environmental, and energy impacts or other factors which are particular to the facility; or

(b) Such waiver is consistent with the purposes of the act and these regulations; and

(c) Such waiver is not deemed to constitute a material variation from the requirements of these regulations; and

(d) The waiver will not cause or allow the violation of any air or water quality standard.

1.3.9 A concise general statement of the Basis and Purpose for these regulations has been prepared and adopted by the Department, and is hereby incorporated into these Department regulations by reference, pursuant to the Colorado Administrative Procedures Act, Title 24-4.103, C.R.S. (1989).

6 CCR 1007-4-1