6 CCR 1007-3-8.85 - Basis and Purpose

These amendments to 6 CCR 1007-3, Part 7 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Section 25-15-302(7)(b), C.R.S.

Deletion and Replacement of Existing Part 7 Regulations (Procedural Rules of the Hazardous Waste Commission) with New Part 7 Regulations (Procedural Rules of the Solid and Hazardous Waste Commission)

The fundamental purpose of these rules is to establish procedural rules by which the Solid and Hazardous Waste Commission ("Commission") shall conduct its meetings, formal rulemaking, reviews of administrative penalties and informal hearings. The rules also set forth any prehearing proceedings and procedures that the Commission may impose. The rules are intended to assure that such procedures and hearings before the Commission are fair and impartial, comply with the requirements of the Colorado Administrative Procedures Act, Sections 24-4-101, et seq., C.R.S., the Colorado Hazardous Waste Act, Sections 25-15-301, et seq., C.R.S. ("CHWA"), and the Solid Waste Disposal Sites and Facilities Act, Sections 30-20-101 et seq. ("SWDA"), and to foster substantive discussion on the issues and minimize burdensome procedures.

The original basis for these regulations was the passage of Senate Bill 116, during the 1991-1992 legislative sessions. CHWA created the Hazardous Waste Commission and authorized it to promulgate rules for the operation of the Commission and hearings and proceedings before the Commission. CHWA also authorized the Commission to be the promulgating and adopting entity for hazardous waste regulations in the state, a duty previously performed by the Colorado State Board of Health, to issue interpretive rules and to review the amounts of administrative penalties affirmed by an administrative law judge.

These rules were first amended on September 21, 1993 to correct typographical errors and inadvertent omissions. In 2006, as a result of Senate Bill 06-171, the Hazardous Waste Commission was renamed the Solid and Hazardous Waste Commission and assumed rulemaking responsibilities from the State Board of Health over solid waste. The SWDA authorized the Commission to be the promulgating and adopting entity for solid waste regulations in the state. These Part 7 rules were amended on May 17, 2011 to reflect this name change.

The 2015 amendments are intended to incorporate better prehearing processes, define potential, apparent and actual conflicts of interests required for disclosure by Commissioners, as well as clarify the informal hearing and formal rulemaking processes.

These rules are based on specific requirements set forth in Sections 25-15-301, et seq., C.R.S., and the requirements set forth in Sections 30-20-101 et seq., C.R.S., and the requirements of the Administrative Procedures Act, Sections 24-4-101, et seq., C.R.S.

Statement of Basis and Purpose Rulemaking Hearing of February 16, 2016

Notes

6 CCR 1007-3-8.85
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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