6 CCR 1007-3-8.77 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 100 and 260 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § 100.32(a)(1)(xii) & Addition of "Environmental use restriction" and "Notice of environmental use restriction" definitions to § 260.10

These proposed amendments are a clarifying change to the document review regulations. The regulations currently allow the Department to charge document review fees for time spent reviewing, evaluating and responding to "documents submitted or required to be submitted in connection with" certain specified subjects, including "Environmental Covenants or documents required under § 25-15-320(3), C.R.S."6 CCR 1007-3 , § 100.32(a)(1)(xii). This regulation was adopted before certain statutory amendments to the Environmental Covenant statute. Those amendments created an alternative mechanism to an environmental covenant called a "notice of environmental use restrictions." While the language of the existing regulation is broad enough to include notices of environmental use restrictions (as they are submitted as an alternative to an environmental covenant in cases where a covenant would otherwise be required), expressly including the term removes any confusion that may exist on this point.

Definitions of "Environmental use restriction" and "Notice of environmental use restriction" are also being added to § 260.10 of the Regulations as part of this rulemaking.

Statement of Basis and Purpose - Rulemaking Hearing of November 15, 2011

Notes

6 CCR 1007-3-8.77

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