§ 25-15-201 — Certificate required - disposal prohibited - exceptions

(1) Any
person who operates a hazardous waste disposal site shall first obtain a certificate
of designation from the board of county commissioners if the site is in the
unincorporated portion of any county, or from the governing body of a municipality
if the site is in an incorporated area.

(2) Hazardous waste disposal by any person is prohibited except on or at a
hazardous waste disposal site for which a certificate of designation has been
obtained as provided in this part 2.

(3) Any existing hazardous waste disposal site which has obtained and
possesses a certificate of designation pursuant to part 1 of article 20 of title 30,
C.R.S., and which meets all applicable requirements and regulations under the
federal act shall be deemed to have a certificate of designation issued pursuant to
this part 2 and shall be fully subject to the provisions of this part 2 which apply to
certificates of designation issued pursuant to this part 2.

(4) Notwithstanding the provisions of subsections (1) and (2) of this section,
any person other than a governmental unit may dispose of his own hazardous waste
on his own property, as long as such hazardous waste disposal site is part of that
originally zoned or otherwise approved for the activity that generates the
hazardous waste, the owner has notified the local government or the department of
the types and methods of hazardous waste disposal, and such disposal complies
with the rules and regulations of the commission issued pursuant to this part 2 and
does not constitute a public nuisance. For the purposes of this part 2, the site of
such hazardous waste disposal shall be an approved site for which obtaining a
certificate of designation under the provisions of this part 2 shall be unnecessary.
This subsection (4) shall not preclude any person from applying for a certificate of
designation for the disposal of his own hazardous waste on his own property.

(5) Notwithstanding the provisions of subsections (1) and (2) of this section,
any person who is engaged in mining operations pursuant to a permit issued by the
mined land reclamation board or office of mined land reclamation which contains an
approved plan of reclamation may dispose of hazardous waste generated by such
operations within the permitted area for such operations. For the purposes of this
part 2, the site of such hazardous waste disposal shall be an approved site for which
obtaining a certificate of designation under the provisions of this part 2 shall be
unnecessary.

Legislative History

Source: L. 81: Entire article R&RE, p. 1346, � 1, effective July 1. L. 92: (4) amended, p. 1258, � 18, effective August 1; (5) amended, p. 1971, � 76, effective July 1.