As used in this part 1, unless the context otherwise
requires:
(1) Approved site or facility means a site or facility for which a certificate of
designation has been obtained, as provided in this part 1.
(1.5) Closed site or facility means a site or facility that has been closed in
accordance with provisions of the federal regulations pursuant to subtitle D of the
federal Resource Conservation and Recovery Act of 1976, as amended, as
published in 40 CFR 258.60, and in the manner specified in the approved certificate
of designation application at the time of approval of the site or facility or in a
closure plan that has been approved by the department.
(2) Department means the department of public health and environment.
(2.3) Excluded scrap metal means processed scrap metal, unprocessed
home scrap metal, and unprocessed prompt scrap metal.
(2.5) Governing body having jurisdiction means the board of county
commissioners if a site and facility is located in any unincorporated portion of a
county and means the governing body of the appropriate municipality if a site and
facility is located within an incorporated area.
(2.6) Home scrap metal means scrap metal generated by steel mills,
foundries, and refineries, including, but not limited to, turnings, cuttings, punchings,
and borings.
(2.7) Landfill gases means gases formed by the decomposition of buried
solid waste. Landfill gases include, but are not limited to, methane.
(2.8) Municipality means a home rule or statutory city, town, or city and
county or a territorial charter city.
(3) Person means an individual, partnership, private or municipal
corporation, firm, board of a metropolitan district or sanitation district, or other
association of persons.
(3.5) Processed scrap metal means scrap metal that has been manually or
physically altered to separate it into distinct materials to enhance economic value
or to improve the handling of materials. Processed scrap metal includes, but is not
limited to:
(a) Scrap metal that has been baled, shredded, sheared, chopped, crushed,
flattened, cut, melted, or separated by metal type; and
(b) Fines, drosses, and related materials that have been agglomerated.
(3.7) Prompt scrap metal means scrap metal generated by the metal
working or fabrication industries, including, but not limited to, turnings, cuttings,
punchings, and borings. Prompt scrap metal includes industrial metal scrap and
new scrap metal.
(4) Recyclable materials means any type of discarded or waste material
that is not regulated under section 25-8-205 (1)(e), C.R.S., and can be reused,
remanufactured, reclaimed, or recycled, but not including recycled auto parts or
excluded scrap metal that is being recycled, or scrap that is composed of worn out
metal or a metal product that has outlived its original use, commonly referred to as
obsolete scrap.
(5) Recycling operation means that part of a solid wastes disposal facility
or a part of a general disposal facility at which recyclable materials may be
separated from other materials for further processing.
(5.5) Shredded circuit boards means shredded electronic circuit boards
that:
(a) Are stored in containers that are sufficient to prevent any release to the
environment prior to recovery; and
(b) Do not contain mercury switches, mercury relays, nickel-cadmium
batteries, or lithium batteries.
(5.8) Solid and hazardous waste commission means the solid and
hazardous waste commission created in section 25-15-302, C.R.S.
(6) (a) Solid waste means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control facility, and
other discarded material, including solid, liquid, semisolid, or contained gaseous
material resulting from industrial or commercial operations or from community
activities.
(b) Solid waste does not include:
(I) Any solid or dissolved materials in domestic sewage;
(II) Agricultural wastes;
(III) Solid or dissolved materials in irrigation return flows;
(IV) Industrial discharges which are point sources subject to permits under
the provisions of the Colorado Water Quality Control Act, article 8 of title 25,
C.R.S.;
(V) Materials handled at facilities licensed pursuant to the provisions on
radiation control in article 11 of title 25, C.R.S.;
(VI) Exploration and production wastes, as defined in section 34-60-103,
except as the exploration and production wastes may be deposited at a commercial
solid waste facility;
(VII) Excluded scrap metal that is being recycled; or
(VIII) Shredded circuit boards that are being recycled.
(7) Solid wastes disposal means the storage, treatment, utilization,
processing, or final disposal of solid wastes.
(8) Solid wastes disposal site and facility means the location and facility at
which the deposit and final treatment of solid wastes occur.
(8.5) (Deleted by amendment, L. 2006, p. 1133, � 14, effective July 1, 2006.)
(9) Transfer station means a facility at which refuse, awaiting
transportation to a disposal site, is transferred from one type of containerized
collection receptacle and placed into another or is processed for compaction.
(10) Water quality control commission means the water quality control
commission created in section 25-8-201, C.R.S.