CDPHE Proposed Amendments to the Solid Waste Regulations
Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246
Thursday, January 16, 2020, 2:30 PM - 4:00 PM MDT
Category: Other Events
The Colorado Department of Public Health and Environment (CDPHE) Solid Waste and Materials Management Program is proposing to amend Section 4 (Financial Assurance Requirements) of the Solid Waste Regulations (6 CCR 1007-2). Proposed changes will include the modification of Section 4.6.7 (Local Government Financial Test) and the deletion of Section 4.6.9 (Local Government Guarantee) as a financial assurance mechanism. Modifications to Section 4.6.7 - Local Government Financial Test Section 4.6.7 allows local governments that own and/or operate a solid waste disposal site to use a financial test to demonstrate financial assurance for closure, post-closure and corrective action cost up to a specified maximum limit. As it currently stands, local governments are required to submit multiple forms of documentation which determines whether they pass or fail the financial test. To simplify this process, the CDPHE will require the submission of the Comprehensive Annual Financial Report (CAFR). The overall suggested changes will enhance the efficiency of the submission/review process and the cumbersome administrative processes that burden local government owners and operators. The proposed rule changes consist of amending and clarifying criteria associated with the four components outlined below: 1. Financial Component 2. Public Notice Component 3. Record keeping and Reporting Requirements 4. Calculation of Cost to be Assured Eliminate Section 4.6.9 - Local Government Reserved Section 4.6.9 allows local governments to guarantee the closure, post-closure and corrective action costs of other solid waste disposal site owners and operators through the use of the financial test. The local government guarantor would assume responsibility for the obligations of the owner or operator if the owner or operator fails to do so, and provide proof that it passes the financial test requirements. However, if a privately owned facility fails to operate its landfill appropriately, this could be a financial risk to the local government. Meeting Info: Call in information: You can read a copy of the proposed amended section in full here. Updated proposed regulations and the agenda will be posted on CDPHE’s website (https://www.colorado.gov/pacific/cdphe/sw-proposed-rulemakings-stkh-proc) at least four business days prior to the stakeholder meeting |