(1)The rules promulgated by the solid and
hazardous waste commission and implemented by the department shall contain the
following minimum standards:
(a)Such sites and facilities shall be located, operated, and maintained in a
manner so as to control obnoxious odors and prevent rodent and insect breeding
and infestation, and they shall be kept adequately covered during their use.
(b)Such sites and facilities shall comply with the health laws, standards,
rules, and regulations of the department, the water quality control commission, and
all applicable zoning laws and ordinances.
(c)No radioactive materials or materials contaminated by radioactive
substances shall be disposed of in sites or facilities not specifically designated for
that purpose.
(d)A site and facility opera
Free access — add to your briefcase to read the full text and ask questions with AI
(1) The rules promulgated by the solid and
hazardous waste commission and implemented by the department shall contain the
following minimum standards:
(a) Such sites and facilities shall be located, operated, and maintained in a
manner so as to control obnoxious odors and prevent rodent and insect breeding
and infestation, and they shall be kept adequately covered during their use.
(b) Such sites and facilities shall comply with the health laws, standards,
rules, and regulations of the department, the water quality control commission, and
all applicable zoning laws and ordinances.
(c) No radioactive materials or materials contaminated by radioactive
substances shall be disposed of in sites or facilities not specifically designated for
that purpose.
(d) A site and facility operated as a sanitary landfill shall provide means of
finally disposing of solid wastes on land in a manner to minimize nuisance
conditions such as odors, windblown debris, insects, rodents, and smoke; and shall
provide compacted fill material; shall provide adequate cover with suitable material
and surface drainage designed to prevent ponding and water and wind erosion and
prevent water and air pollution; and, upon being filled, shall be left in a condition of
orderliness and good esthetic appearance and capable of blending with the
surrounding area. In the operation of such a site and facility, the solid wastes shall
be distributed in the smallest area consistent with handling traffic to be unloaded;
shall be placed in the most dense volume practicable using moisture and
compaction or other method approved by the department; shall be fire, insect, and
rodent resistant through the application of an adequate layer of inert material at
regular intervals; and shall have a minimum of windblown debris which shall be
collected regularly and placed into the fill.
(e) Sites and facilities shall be adequately fenced so as to prevent waste
material and debris from escaping therefrom, and material and debris shall not be
allowed to accumulate along the fence line.
(f) Solid wastes deposited at any site and facility shall not be burned, other
than by incineration in accordance with a certificate of designation issued pursuant
to section 30-20-105; except that, in extreme emergencies resulting in the
generation of large quantities of combustible materials, authorization for burning
under controlled conditions may be given by the department.
(g) All facilities shall have a waste characterization plan approved by the
department that is consistent with the certificate of designation for the facility. The
plan shall outline screening methodologies and waste handling procedures and
shall include a hazardous waste exclusion plan.
(h) Material that is beneficially used shall be incorporated into the soil in the
shortest time frame that is practicable, allowing for weather conditions. Materials
that may be beneficially used under this section may not be stockpiled for long
periods or used in such a manner that the material constitutes a public nuisance.
(i) Minimum standards for facilities that do not need a certificate of
designation under section 30-20-102 (5) shall include an annual report of quantities
of materials managed at the site.
(j) Such minimum standards shall require the reporting, documentation, or
remediation of spills at illegal disposal sites, abandoned disposal sites, or
contaminated sites.
(2) Any provision of section 25-7-108, C.R.S., to the contrary notwithstanding,
the board of county commissioners in any county with less than twenty-five
thousand population, according to the latest federal census, and any municipality
within a county which county has a population under ten thousand and subject to
approval of the board of county commissioners, is authorized to develop
regulations, by resolution or ordinance, permitting the noncommercial burning of
trash in the unincorporated area and, if appropriate, the incorporated areas of said
county; except that no permit shall be issued which shall allow the county, or
municipality if appropriate, to exceed primary and secondary ambient air quality
standards as prescribed by federal laws and regulations adopted pursuant thereto,
or which would contribute to any other county or municipality exceeding primary or
secondary ambient air quality standards as prescribed by federal laws and
regulations adopted pursuant thereto.
(3) As used in subsection (2) of this section, noncommercial burning of
trash includes the burning of wood waste in wigwam wood waste burners.