As used in this part 5, unless the context otherwise
requires:
(1) Existing hazardous waste incinerator means a hazardous waste
incinerator that was in active operation, as authorized by applicable federal and
state laws and regulations, on or before August 21, 1991.
(1.5) Existing hazardous waste processor means a hazardous waste
processing facility that was in active operation, regardless of the amount of
hazardous waste treated annually, as authorized by applicable federal and state
laws and rules, on or before March 22, 2002.
(2) Governing body having jurisdiction means the board of county
commissioners if a hazardous waste incinerator or processor site is located in any
unincorporated portion of a county and means the governing body of the
appropriate municipality if a hazardous waste incinerator or processor site is
located within an incorporated area.
(3) (a) Hazardous waste incinerator means:
(I) Any hazardous waste incinerator as defined in regulations of the
commission promulgated pursuant to section 25-15-302; or
(II) Any boiler or industrial furnace that burns hazardous waste, as defined in
subpart B of part 260 of title 40, code of federal regulations, as from time to time
amended, until such time as the commission, pursuant to section 25-15-302,
promulgates a definition of boiler or industrial furnace, at which time such state
definition shall operate in lieu of the foregoing federal definition. Such term shall
include, but is not limited to, any cement kiln, lime kiln, aggregate kiln, or blast
furnace.
(b) The term hazardous waste incinerator excludes any facility for
incineration of a hazardous waste performing on-site remediation pursuant to the
federal Comprehensive Environmental Response, Compensation, and Liability Act
of 1980.
(4) (a) Hazardous waste processing means both of the following, except as
provided in paragraph (b) of this subsection (4):
(I) Any treatment method, technique, or process designed to change the
physical, chemical, or biological character or composition of acute hazardous
waste, as defined in rules of the commission promulgated pursuant to part 3 of this
article, in order to neutralize such waste, reduce the volume of such waste, or
render such waste less hazardous, safer for transport, amenable to recovery or use,
or amenable to storage; and
(II) Any acute hazardous waste processing, as defined in rules of the
commission promulgated pursuant to section 25-15-302.
(b) Hazardous waste processing does not include:
(I) The treatment of less than one thousand kilograms of acute hazardous
waste per year;
(II) The treatment, storage, or disposal of hazardous waste pursuant to a
certificate of designation issued under, or otherwise regulated by, part 2 of this
article;
(III) The processing of hazardous waste that is not listed as acute hazardous
waste in rules of the commission promulgated pursuant to part 3 of this article;
(IV) The processing of any hazardous waste pursuant to any record of
decision, consent decree, or administrative order authorized by or made pursuant to
applicable federal or state laws and rules, as amended or revised, or any record of
decision issued pursuant to a periodic revision of a record of decision that was
made on or before March 22, 2002;
(V) The performance of on-site processing or treatment of hazardous waste
associated with efforts to clean up contaminated soil, groundwater, or surface
water pursuant to federal or state environmental laws;
(VI) The processing of hazardous waste incidental to commercial
manufacturing;
(VII) The treatment, storage, management, or processing of solid waste
pursuant to a certificate of designation issued under article 20 of title 30, C.R.S.;
(VIII) The conduct of any activities pursuant to an approved reclamation plan
contained in a permit issued under, or otherwise regulated by, article 32 or 33 of
title 34, C.R.S.; or
(IX) The conduct of any activities regulated under article 60 of title 34, C.R.S.
(5) Hazardous waste processor means a facility that engages in hazardous
waste processing subject to the requirement for a part B permit or interim status
under rules of the commission promulgated pursuant to section 25-15-302.
(6) Hazardous waste processor site means a location where hazardous
waste is:
(a) Processed; or
(b) Generated or stored by the owner of a hazardous waste processor or by
an affiliate or customer of a hazardous waste processor who produces hazardous
waste.