DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

(Adopted by the Solid and Hazardous Waste Commission on August 16, 2011)

Amendment of § 100.32(a)(1)(xii) & Addition of “Environmental use restriction” and “Notice of environmental use restriction” definitions to § 260.10

1) Revise paragraph (a)(1)(xii) of Section 100.32 to read as follows: 

§ 100.32 DOCUMENT REVIEW AND ACTIVITY FEES
(a) Applicability.  Facilities subject to regulation under Parts 264 or 265 of these regulations are subject to the following fees:
(1) Document Review Fees.  The Document Review Fees shall provide reimbursement to the Department for professional staff and administrative personnel time spent reviewing, evaluating and responding to any and all documents submitted or required to be submitted in connection with the following:
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(xii) Environmental Covenants, Notices of environmental use restrictions, ordinances and resolutions described in § 25-15-320(3)(b)(II), and intergovernmental agreements described in § 25-15-320(3)(b)(III), C.R.S.
  	For purposes of this section, "evaluating" includes time spent determining whether the document is adequate for its intended purpose and/or complies with regulatory requirements.  The term "responding" includes Department determinations to approve, approve with conditions, request additional information or modify, or disapprove, revoke, reissue, terminate or deny the permit, closure plan or other document.  The term "reviewing" includes reviews of information submitted to the Department by the facility or its agents, regardless of whether the documents require a determination by the Department.
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2) Revise Section 260.10 of Part 260 by adding definitions of “Environmental use restriction” and “Notice of environmental use restriction” to read as follows: 

§ 260.10 Definitions

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"Environmental use restriction" means a prohibition of one or more uses of or activities on specified real property, including drilling for or pumping groundwater; a requirement to perform certain acts, including requirements for maintenance, operation, or monitoring necessary to preserve such prohibition of uses or activities; or both, where such prohibitions or requirements are relied upon in the remedial decision for an environmental remediation project for the purpose of protecting human health or the environment.

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“Notice of environmental use restriction” means an instrument containing environmental use restrictions created pursuant to section 25-15-321.5, C.R.S.

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3) Add Section 8.77 {Statement of Basis and Purpose for the Rulemaking Hearing of August 16, 2011} to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of August 16, 2011
8.77 	Basis and Purpose.
These amendments to 6 CCR 1007-3, Parts 100 and 260 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Amendment of § 100.32(a)(1)(xii) & Addition of “Environmental use restriction” and “Notice of environmental use restriction” definitions to § 260.10
These proposed amendments are a clarifying change to the document review regulations.  The regulations currently allow the Department to charge document review fees for time spent reviewing, evaluating and responding to “documents submitted or required to be submitted in connection with” certain specified subjects, including  “Environmental Covenants or documents required under § 25-15-320(3), C.R.S.”  6 CCR 1007-3, § 100.32(a)(1)(xii).  This regulation was adopted before certain statutory amendments to the Environmental Covenant statute.  Those amendments created an alternative mechanism to an environmental covenant called a “notice of environmental use restrictions.”  While the language of the existing regulation is broad enough to include notices of environmental use restrictions (as they are submitted as an alternative to an environmental covenant in cases where a covenant would otherwise be required), expressly including the term removes any confusion that may exist on this point.
Definitions of “Environmental use restriction” and “Notice of environmental use restriction” are also being added to § 260.10 of the Regulations as part of this rulemaking.