§ 25-15-301 — Powers and duties of department

(1) The department shall be
the entity in the state responsible for the regulation of hazardous waste
management; however, the department may, in accordance with section 25-15-306,
enter into agreements with local governments to conduct specified activities
involving monitoring, inspections, and technical services but not permit issuance or
enforcement.

(2) Pursuant to rules and regulations as provided for in section 25-15-302,
the department shall:

(a) Issue permits for treatment, storage, and disposal facilities, provide for
the inspection of such operations, and enforce the limitations and conditions of
such permits, including any conditions and schedules established to correct
noncompliance; and

(b) Assure that all generators, transporters, storers, treaters, and disposers
of hazardous waste have received appropriate identification by the department, use
a manifest system, and provide periodic reports on wastes manifested.

(3) The department, by its duly authorized representatives, shall have the
power to enter and inspect any property, premises, or place in which hazardous
waste is reasonably believed to be located or in which relevant records may be
located for the purpose of determining the compliance or noncompliance with any
provision of this part 3, any rules and regulations promulgated pursuant to this part
3, or any order or permit, or term or condition thereof, issued pursuant to this part 3.
Unless an emergency exists or the department has reason to believe that any
unlawful activity is being conducted or will be conducted, the department shall
provide prior notification of such inspection, which inspection shall be during
normal business hours. If such entry or inspection is denied or not consented to and
no emergency exists, the department is empowered to and shall obtain from the
district court for the judicial district in which such property, premises, or place is
located a warrant to enter and inspect any such property, premises, or place prior
to entry and inspection. The district courts of this state are empowered to issue
such warrants upon a showing that such entry and inspection is required to verify
that the purposes of this part 3 are being carried out. Any information relating to
proprietary processes or methods of manufacture or production obtained in the
course of the inspection shall be kept confidential in accordance with section 24-72-204 (3)(a)(IV), C.R.S., of the open records law. If samples are taken, the owner
and operator of the premises from which such samples are taken shall be entitled
to a receipt for such samples and, upon request, a sufficient portion to perform an
analysis equivalent to that which the department may perform.

(4) (a) In the event of an emergency involving hazardous waste which
presents an immediate and substantial threat to the public health and safety or the
environment, the department shall have the authority to issue such orders as may
be appropriate to protect the public health and safety or the environment, including
emergency authorization to transport, treat, store, or dispose of hazardous waste.

(b) Any person against whom an emergency order is issued pursuant to this
subsection (4) shall be entitled to an immediate hearing as provided in section 24-4-105 (12), C.R.S.

(5) In order to provide for the essential long-term care of hazardous waste
consistent with adequate protection of the public health and safety and the
environment, the department may acquire by gift, purchase, transfer from another
state department or agency, or other transfer any and all lands, buildings, and
grounds that have been designated as a hazardous waste site and may lease such
properties to others for hazardous waste management. Any such acquisition shall
be subject to the provisions of section 25-15-303 (4).

Legislative History

Source: L. 81: Entire article R&RE, p. 1352, � 1, effective July 1. L. 83: (3) amended, p. 1101, � 19, effective November 2, 1984. L. 92: (3) amended, p. 1236, � 4, effective August 1.