§ 30-20-103 — Application for certificate

(1) Any person desiring to own or
operate a solid wastes disposal site and facility shall make application to the
governing body having jurisdiction over the area in which such site and facility is or
is proposed to be located for a certificate of designation. Such application shall be
accompanied by a fee to be established by the governing body having jurisdiction,
which fee shall be based on the anticipated costs that may be incurred by such
governing board in the application review and approval process and shall not be
refundable. The application shall set forth the location of the site and facility; the
type of site and facility; the type of processing to be used, such as sanitary landfill,
composting, or incineration; the hours of operation; the method of supervision; the
rates to be charged, if any; and such other information as may be required by the
governing body having jurisdiction over the area. The application shall also contain
such engineering, geological, hydrological, and operational data as may be required
by the department by rule. All such applications shall be referred to the department
for review and for recommendation as to approval or disapproval, which shall be
based upon criteria established by the solid and hazardous waste commission, the
water quality control commission, and the air quality control commission. Such
review and recommendation of an application by the department shall include a
technical review of the environmental and public health issues provided in section
30-20-110 that are raised by the proposed site and facility. As a part of the
department's review of an application for a solid wastes site and facility, the
department shall provide a period of not less than thirty days during which
members of the public may review and make comments concerning such
application.

(2) Upon receiving an application for a solid wastes disposal site and facility,
the department shall perform an initial examination to establish the completeness
of the information submitted. Such initial examination shall be completed within
thirty days after the department receives such application. The department shall
mail written notification to the applicant within such time period of the
department's decision either to begin its review of such application or to reject such
application because of incompleteness.

(3) After the initial approval of an application pursuant to the provisions of
subsection (2) of this section, the department shall determine whether it shall
complete the review of the application or whether it shall offer the applicant the
option of having such application reviewed by a private contractor. Such
determination shall be made pursuant to the provisions of section 30-20-103.7 (1). If
the department reviews such application, the department shall complete such
review within one hundred fifty days after the date of issuance of its initial approval
of such application.

Legislative History

Source: L. 67: p. 759, � 3. C.R.S. 1963: � 36-23-3. L. 71: p. 341, � 4. L. 79: Entire section amended, p. 1059, � 7, effective June 20. L. 84: Entire section amended, p. 819, � 1, effective July 1. L. 91: Entire section amended, p. 965, � 4, effective June 5; entire section amended, p. 955, � 1, effective July 1. L. 2006: (1) amended, p. 1134, � 16, effective July 1.