6 CCR 1007-3-8.64 - Basis and Purpose

These amendments to 6 CCR 1007-2, Part 3 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Inspection of Off-Site Hazardous Waste Disposal Sites

These amendments to 6 CCR 1007-2, Part 3 revise the inspection frequency for the Department's inspection of off-site hazardous waste disposal sites. As specified in Section 25-15-209.5, C.R.S., such inspection shall be conducted at intervals determined by rule and regulation of the Commission based on the volume and toxicity of the wastes being received. The State's only hazardous waste disposal facility is the Clean Harbors Deer Trail LLC facility (formerly Highway 36 Land Development Company.)

The existing regulations require the Department to conduct inspections of off-site hazardous waste facilities a minimum of once per month and potentially four times a month based on volume of waste received. Experience has demonstrated that inspection frequency based on volume of waste received does not provide an effective or efficient benefit to human health or the environment. The volume of waste received at the facility has increased at times over the years. However, the types and toxicity of the waste received at the facility has not changed. In fact, some of the wastes received at the facility are high volume-low toxicity wastes that require very routine and simple waste handling. The current regulations do not allow the Division to account for these high volume-low toxicity wastes in conducting inspections. These amendments proposed here require the Department to inspect the facility once a month regardless of volume or toxicity of the wastes received at the facility, but allows flexibility for additional inspections. The Department is committed and will continue to inspect the facility more frequently if the type of wastes received, the type of waste management activities, compliance history, or findings of previous inspections warrant a greater frequency.

Statement of Basis and Purpose - Rulemaking Hearing of May 15, 2007

Notes

6 CCR 1007-3-8.64
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

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