§ 30-20-101.5 — Additional powers of the department - legislative declaration

Colorado § 30-20-101.5

• Jurisdiction: Colorado
• Title 30: Government
• Art.: Public Improvements

Text

(1) The general assembly hereby finds and declares that a solid waste management
program shall be created in and administered by the department and shall be
implemented to protect human health and the environment in a manner that:

(a) Promotes a community ethic to reduce or eliminate waste problems;

(b) Is credible and accountable to the industry and the public;

(c) Is innovative and cost effective; and

(d) Protects the environmental quality of life for affected residents as
required by the requirements of this part 1 and any rules promulgated in connection
therewith.

(2) The department shall develop, implement, and continuously improve as
necessary policies and procedures for carrying out its statutory responsibilities at
the lowest possible cost while satisfying the legislative intent expressed in
subsection (1) of this section. At a minimum, the policies and procedures shall, to
the extent practicable, include the establishment of the following:

(a) Cost-effective level-of-effort guidelines for reviewing submittals,
including without limitation permit applications and design and operation plans to
assure conformity with regulatory requirements, taking into consideration the
degree of risk addressed and the complexity of the issues raised;

(b) Cost-effective level-of-effort guidelines for performing inspections that
focus on major violations of regulatory requirements that pose an immediate and
significant threat to human health and the environment;

(c) Cost-effective level-of-effort guidelines for enforcement activity;

(d) Schedules for the timely completion of department activities including
without limitation submittal reviews, inspections, and inspection reports;

(e) A prioritization methodology for completing activities that focuses on
actual risk to human health and the environment;

(f) A preference for compliance assistance with at least ten percent of the
annual budget amount of the program being allocated to compliance assistance
efforts;

(g) A preference for alternative dispute resolution mechanisms to timely
resolve disputed issues; and

(h) A mechanism that continuously assesses and provides incentives for
further improvements and policies and procedures of the department.

(3) Notwithstanding section 24-1-136 (11)(a)(I), on or before February 1, 2008,
and not later than February 1 of each year thereafter, the department shall submit a
report to the standing committee of reference in each house of the general
assembly exercising jurisdiction over matters concerning public health and the
environment that describes the status of the solid waste management program, the
department's efforts to satisfy its statutory responsibilities at the lowest possible
cost while meeting the legislative intent specified in subsection (1) of this section,
and the department's implementation of the authority to accept environmental
covenants created pursuant to section 25-15-321.

Legislative History

Source: L. 2007: Entire section added, p. 1142, � 9, effective July 1. L. 2017: (3) amended, (SB 17-056), ch. 33, p. 96, � 14, effective March 16.