§ 25-15-203 — Grounds for approval

(1) The board of county commissioners or
the governing body of the municipality, as the case may be, may approve an
application for a certificate of designation only upon a finding of all of the following
factors:

(a) The department has made a recommendation of approval pursuant to
section 25-15-202 (4)(c)(III).

(b) The site would not pose a significant threat to the safety of the public,
taking into consideration:

(I) The density of population areas neighboring the site;

(II) The density of population areas adjacent to the portion of the delivery
roads within a fifty-mile radius of the site;

(III) The risk of accidents during the transportation of waste to or at the site.

(c) The applicant has demonstrated a need for the facility by Colorado
hazardous waste generators.

(d) The applicant has documented its financial ability to operate the
proposed site.

(e) The applicant, taking into account its prior performance record, if any, in
the treatment, storage, or disposal of hazardous waste, has documented sufficient
reliability, expertise, and competency to operate and manage the proposed facility.

(f) The site conforms to officially adopted land use plans, policies,
regulations, and resolutions.

(2) The board of county commissioners or the governing body of the
municipality, as the case may be, shall notify the department of any approval of an
application for a certificate of designation within five days after such approval.

Legislative History

Source: L. 81: Entire article R&RE, p. 1348, � 1, effective July 1. L. 83: Entire section R&RE, p. 1091, � 6, effective June 3.