6 CCR 1007-3-2.100 - Definitions

For purposes of this part:

(a) "Department" means the Colorado Department of Public Health and Environment.

(b) "Division" means the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment

(c) "Director" means the director of the Hazardous Materials and Waste Management Division.

(d) "EPA" means the US. Environmental Protection Agency.

(e) "Federal Act or RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

(f) "Hazardous waste" means a hazardous waste as defined in Part 261 of these regulations.

(g) "Proceeding" means any rulemaking, adjudication, or licensing conducted by the Division under the State Act or under regulations which implement the State Act including the issuance of administrative orders and the approval or disapproval of plans (e.g. closure plans) submitted by persons subject to regulation under the State Act, but not including determinations under this subpart.

(h) "Record" means any document, writing, photograph, sound or magnetic recording, drawing, or other similar thing by which information has been preserved, from which the information can be retrieved and copied, and which is, was, or is alleged to be possessed by the Division. It may include copies held by State or Federal agencies. The term includes informal writings (such as drafts and the like), and also includes information preserved in a form which must be translated or deciphered by machine in order to be intelligible to humans. The term includes documents and the like which were created or acquired by the Division, predecessors, its officers, and its employees by use of Government funds or in the course of transacting official business. However, the term does not include materials which are legally owned by a Division officer or employee in his or her purely personal capacity. Nor does the term include materials published by organizations and which are readily available to the public, such as books, journals, and periodicals available through reference libraries, even if such materials are in the possession of the Division.

(i) "Request" means a request to inspect or obtain a copy of one or more records.

(j) "Requestor" means any person who has submitted a request to the Division.

Notes

6 CCR 1007-3-2.100

37 CR 24, December 25, 2014, effective 3/2/2015 38 CR 11, June 10, 2015, effective 6/30/2015 39 CR 05, March 10, 2016, effective 3/30/2016 39 CR 11, June 10, 2016, effective 6/30/2016 40 CR 06, March 25, 2017, effective 4/14/2017 40 CR 11, June 10, 2017, effective 6/30/2017 40 CR 21, November 10, 2017, effective 11/30/2017 41 CR 06, March 25, 2018, effective 4/14/2018 41 CR 11, June 10, 2018, effective 6/30/2018 41 CR 24, December 25, 2018, effective 1/14/2019 42 CR 06, March 25, 2019, effective 4/14/2019 42 CR 06, March 25, 2019, effective 5/30/2019 42 CR 11, June 10, 2019, effective 6/30/2019 43 CR 12, June 25, 2020, effective 7/15/2020 44 CR 06, March 25, 2021, effective 4/14/2021 44 CR 11, June 10, 2021, effective 6/30/2021 44 CR 24, December 25, 2021, effective 1/14/2022 45 CR 11, June 10, 2022, effective 6/30/2022 45 CR 17, September 10, 2022, effective 9/10/2022 45 CR 17, September 10, 2022, effective 9/30/2022 45 CR 23, December 10, 2022, effective 1/30/2023