§ 30-20-103.7 — Review of applications by private contractors

Colorado § 30-20-103.7

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

Text

(1) (a) Upon
issuing an initial approval of an application for a solid wastes disposal site and
facility under the provisions of section 30-20-103 (2), the department shall
determine whether it will be able to complete review of such application within one
hundred fifty days. If the department determines that it is capable of completing
the review within the required time period, it shall commence review under the
provisions of section 30-20-103. If the department determines that it cannot
complete the review of an application within such time period, the department shall
offer the applicant the option of having such application reviewed by a private
contractor within one hundred fifty days or having such application reviewed by the
department. If the applicant chooses to have such application reviewed by the
department, the department shall not be required to complete its review within the
one-hundred-fifty-day time period.

(b) A county shall not reject an application for a solid wastes disposal site
and facility solely because the review of such application was performed by a
private contractor under the provisions of this section.

(2) (a) The department shall maintain a register of private contractors to
review applications for solid wastes disposal sites and facilities. The department is
hereby authorized to contract with such private contractors pursuant to the
provisions of part 14 of article 30 of title 24, C.R.S., for inclusion on such register.
Any such contract shall be between the department and the private contractor. An
applicant shall be responsible for the fee charged by a private contractor for the
review of such applicant's application, but shall not be a party to such contract. The
department shall contract with a sufficient number of private contractors to allow
reassignment of an application if it is necessary to disqualify one or more private
contractors because of conflicts of interest or other reasons.

(b) If the department assigns an application to a private contractor under the
provisions of this section, such private contractor shall provide the department and
the applicant with the fee schedule of such private contractor and with an estimate
of the fee to be charged for the review of such application.

(c) Upon being notified of the identity of the assigned private contractor and
upon receiving such private contractor's fee schedule and estimated fee, an
applicant has the option to allow the application review to commence or to reject
the private contractor. If such applicant rejects a private contractor, the
department shall assign a second private contractor. If such applicant rejects the
second private contractor, the department shall review such applicant's
application, but the department shall not be required to complete such review
within the one-hundred-fifty-day time period.

(d) The review of an application for a solid wastes disposal site and facility
by a private contractor shall be based upon the same criteria as is used by the
department of public health and environment under the provisions of section 30-20-103.

(e) During the review period for an application, a private contractor shall
contact the applicant and the department concerning any problems such private
contractor finds in such application and shall offer the applicant an opportunity to
provide such materials or explanations as the private contractor determines are
necessary to complete review of such application or to make necessary
amendments to such application.

(3) Any moneys which are collected by the department from solid wastes
disposal site and facility applicants in payment for private contractor application
review fees shall be transmitted to the state treasurer, who shall credit the same to
the solid waste management fund created in section 30-20-118. Such moneys
collected for the fees charged by private contractors shall be annually
appropriated by the general assembly to the department for the sole purpose of
transferring such fees to such private contractors in payment for their services.

Legislative History

Source: L. 91: Entire section added, p. 956, � 2, effective July 1. L. 94: (2)(d) amended, p. 2800, � 558, effective March 9.