As used in this part 4, unless the context otherwise
requires:
(1)(a) Architectural paint means an interior or exterior architectural
coating sold in a container of five gallons or less.
(b)Architectural paint does not include industrial, original equipment
manufacturer, or specialty coatings as those terms are defined by the commission
by rule.
(2)Commission means the solid and hazardous waste commission created
in section 25-15-302.
(3)Curbside service means a waste collection, recycling, and disposal
service that provides pickup of covered architectural paint from residences,
including single- and multi-family dwelling units, and small businesses in quantities
that a residence or small business would reasonably generate.
(4)Department means the department of public hea
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As used in this part 4, unless the context otherwise
requires:
(1) (a) Architectural paint means an interior or exterior architectural
coating sold in a container of five gallons or less.
(b) Architectural paint does not include industrial, original equipment
manufacturer, or specialty coatings as those terms are defined by the commission
by rule.
(2) Commission means the solid and hazardous waste commission created
in section 25-15-302.
(3) Curbside service means a waste collection, recycling, and disposal
service that provides pickup of covered architectural paint from residences,
including single- and multi-family dwelling units, and small businesses in quantities
that a residence or small business would reasonably generate.
(4) Department means the department of public health and environment
created in section 24-1-119, C.R.S.
(5) Distributor means a person who has a contractual relationship with one
or more producers to market and sell architectural paint to retailers.
(6) Energy recovery means a process by which all or part of architectural
paint materials are processed in order to use the heat content or another form of
energy from the materials.
(7) Environmentally sound management practices means policies that a
producer or a stewardship organization implements to ensure compliance with all
applicable environmental laws, including laws addressing:
(a) Record keeping;
(b) Tracking and documenting the disposal of architectural paint within and
outside the state; and
(c) Environmental liability coverage for professional services and contractor
operations.
(8) Executive director means the executive director of the department or
the executive director's designee.
(9) Paint stewardship assessment means an amount that a producer
participating in a paint stewardship program adds to the purchase price of a
container of architectural paint sold in Colorado that covers the cost of collecting,
transporting, and processing postconsumer architectural paint statewide.
(10) Paint stewardship program means a program created in accordance
with section 25-17-405.
(11) Postconsumer architectural paint means unused architectural paint
that the purchaser of the paint no longer wants.
(12) Producer means an original producer of architectural paint that sells,
offers for sale, or distributes architectural paint within or into Colorado under either
the producer's own name or a brand that the producer manufactures.
(13) Recycling means a process that transforms discarded products,
components, or by-products into new usable or marketable materials that may
involve a change in the product's identity. Recycling does not mean energy
recovery or energy generation by means of combusting discarded products,
components, or by-products with or without other waste products.
(14) Retailer means a person that sells or offers for sale architectural paint
within or into Colorado.
(15) Reuse means the return of a product that has already been used into
the marketplace for use in the same manner as originally intended without a
change in the product's identity.
(16) Sell means to transfer title for consideration, including remote sales
conducted through sales outlets, catalogs, or online. Sell does not include sales
or donations of architectural paint in the original container for reuse.
(17) Stewardship organization means a corporation, nonprofit organization,
or other legal entity created or contracted by one or more producers to implement a
paint stewardship program.