This amendment to 6 CCR 1007-3, Part 261 is made pursuant
to the authority granted to the Solid and Hazardous Waste Commission in §
25-15-302(2),
C.R.S.
Amendment of § 261.2(f)(1) Documentation of
claims that materials are not solid wastes or are conditionally exempt from
regulation
This amendment modifies paragraph (f)(1) of § 261.2 of
the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to clarify that any
person conducting recycling must be able to demonstrate that the recycling is
legitimate, irrespective of whether or not the Division is pursuing an
enforcement action.
A person claiming that a waste is not a solid waste or that
a waste is conditionally exempt from regulation (e.g., because it is recycled
in accordance with § 261.2(e)) must be prepared to demonstrate that the
conditions for the exclusion are being met. Generators must be able to provide
documentation supporting their claim, such as proof the material is being
reused in a production process or that there is a known market for the material
(§ 261.2(f)). An example of appropriate documentation would include a
contract showing that a second person uses the material as an ingredient in a
production process. In addition, owners or operators of facilities claiming
that they actually are recycling materials must show that they have the
necessary equipment to do so.
In determining whether their recycling is legitimate,
owners or operators must address the requirements in § 261.2(f)(2), which
specify that legitimate recycling must involve a material that provides a
useful contribution to the recycling process or to a product or intermediate of
the recycling process, and the recycling process must produce a valuable
product or intermediate. Materials that are not legitimately recycled are
discarded and are solid waste.
This change will assist owners and operators in proactively
maintaining documentation of claims that a material is not solid waste or is
conditionally exempt from regulation rather than trying to re-create
documentation retroactively as part of an enforcement action. This change may
also potentially reduce the incidence of enforcement actions if documentation
is readily available.
The Commission has evaluated the information presented at
the rulemaking hearing, as well as the information in the Statement of Basis
and Purpose. The Commission finds that this rule is necessary to protect the
public health and the environment of the state.
Statement of Basis and Purpose - Rulemaking Hearing
of November 20, 2012
Notes
6 CCR 1007-3-8.80
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
