DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division
6 CCR 1007-2
PART 1 - REGULATIONS PERTAINING TO SOLID WASTE SITES AND FACILITIES

Waste Grease Regulations

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

1) Add Section 18 Regulations (Waste Grease Transporter, Facilities, and Personal Users of Waste Grease) to read as follows: 

SECTION 18

WASTE GREASE TRANSPORTERS, FACILITIES, AND PERSONAL
USERS OF WASTE GREASE

18.1	Scope and Applicability

18.2	General Provisions 

18.3	Standards for Waste Grease Transporters

18.4	Standards for Waste Grease Facilities

18.5 	Standards for Personal Use of Waste Grease Other than For Use as Biofuel

18.6	Standards for Personal Use of Waste Grease as Biofuel
SECTION 18.1- SCOPE and APPLICABILITY 

The transport, storage, processing and disposal of waste grease must be done in accordance with this Section 18 of the Regulations and may also be subject to other requirements of these Regulations including, but not limited to, Sections 1, 7 and 8.   

18.1.1	WASTE GREASE TRANSPORTERS

Sections 18.2 and 18.3 apply to any person transporting trap grease or yellow grease including commercial freight carriers under contract with a waste grease transporter.

18.1.2	WASTE GREASE FACILITIES

Sections 18.2 and 18.4 apply to all facilities, unless otherwise exempted, that collect, store, process, or dispose of trap grease or yellow grease in any manner. 

18.1.3	PERSONAL USE OF WASTE GREASE OTHER THAN FOR USE AS BIOFUEL

Sections 18.2 and 18.5 apply to any person collecting, transporting, using, or storing waste grease for personal use other than for use as biofuel.

18.1.4	PERSONAL USE OF WASTE GREASE AS BIOFUEL

Sections 18.2 and 18.6 apply to any person collecting, transporting, using, or storing waste grease for personal use as biofuel.

18.1.5	AUTHORITY 

These rules are adopted pursuant to Section 30-20-123 (9)(a), C.R.S.

18.1.6	EXEMPTIONS

This Section 18 does not apply to:

(A)		A domestic wastewater treatment works, as defined in Section 25-8-103, C.R.S., that processes waste grease as part of its operations that are regulated by the Department pursuant to Article 8 of Title 25, C.R.S.

(B)		Any person who is not engaged in the business of knowingly collecting, transporting, or disposing of waste grease.  If a solid waste hauler discovers waste grease in a quantity regulated by the Department, the solid waste hauler must notify the Department immediately.  The Department will determine if the solid waste hauler has to register in order to collect, transport, or dispose of the waste grease.  

(C)		A person who only travels through the state with waste grease as part of interstate commerce and does not collect, deposit, transfer, store or dispose of any waste grease within this state.

(D)		A person who transports products made from waste grease for sale or other distribution. 

(E)		Household hazardous waste roundup events, community cleanup events, and other one-time or occasional collection events where waste grease is accepted for drop-off by private citizens and where the waste grease is picked up by a registered Waste Grease Transporter or transported to a registered Waste Grease Transporter, a registered Waste Grease Facility or domestic wastewater treatment works as defined in Section 25-8-103, C.R.S. at the conclusion of the event. 

(F)		A permanent household hazardous waste collection facility or other local government agency-owned or approved facility where waste grease is accepted for drop-off by private citizens and where the waste grease is picked up by a registered Waste Grease Transporter within ninety (90) calendar days of when the facility accumulates fifty-five (55) gallons of waste grease.

Note: 	Waste grease that is mixed with hazardous waste must be managed and disposed of in accordance with the Colorado Hazardous Waste Act, Sections 25-15-101 C.R.S., et seq., as amended and its implementing regulations at 6 CCR 1007-3.

(G)	     Response activities performed or approved by the governing body having jurisdiction. However, waste grease collected from a response activity must ultimately be transported to a registered waste grease facility or a domestic wastewater treatment plant. 

(H)		The collection, processing or storage of waste grease in a grease trap, grease interceptor, waste grease bin/barrel or similar grease removal device at the point of waste grease generation. 
SECTION 18.2 - GENERAL PROVISIONS

18.2.1 COMPLIANCE WITH OTHER LAWS

Waste Grease Facilities, Waste Grease Transporters, Personal Users of Waste Grease Other than For Use as Biofuel, and Personal Users of Waste Grease as Biofuel must comply with all local, state, and federal laws, regulations, ordinances, and other requirements.

18.2.2 OPERATIONS COVERED BY MULTIPLE PARTS OF THIS SECTION 18

Waste Grease Facilities, Waste Grease Transporters, Personal Users of Waste Grease Other than For Use as Biofuel, and Personal Users of Waste Grease as Biofuel may perform activities at their facilities that are regulated by multiple parts of this Section 18.  If so, these entities must register accordingly and comply with the requirements of all applicable parts of these regulations.  

18.2.3	WASTE GREASE SOURCES AND GENERATORS

A person who arranges for transportation or disposal of waste grease must only contract with, engage, employ, or use a person who is registered as a Waste Grease Transporter, is a Personal User of Waste Grease as Biofuel who uses waste grease for personal use as biofuel as defined in part 18.6 of this Section, or is registered as a Personal User of Waste Grease Other than For Use as Biofuel who uses waste grease for personal use other than for biofuel as defined in part 18.5 of this Section.

SECTION 18.3 - STANDARDS FOR WASTE GREASE TRANSPORTERS

18.3.1	GENERAL 

This Section 18.3 applies to any person transporting waste grease including commercial freight carriers under contract with a waste grease transporter.

(A)	A person may only transport waste grease to the following types of facilities, sites and users in Colorado:
	
1.	A registered waste grease facility;

2.	A domestic wastewater treatment works, as defined in Section 25-8-103 C.R.S., that processes waste grease as part of its operations that are regulated by the Department pursuant to Article 8 of Title 25, C.R.S.;

3.	To their own facility pursuant to Section 18.3.8 of these Regulations.

(B)	A person registered as a Waste Grease Transporter pursuant to Section 18.3.2 of these Regulations may collect waste grease from a generator/source of waste grease who is not registered as a Waste Grease Facility only if the Waste Grease Transporter creates a manifest for the load of waste grease pursuant to Section 18.3.4 of these Regulations, and ensures delivery of the waste grease only to a facility listed in Section 18.3.1(A) above. 

(C)	All Waste Grease Transporters shall collect litter in and around any area used to store waste grease at their facility in order to avoid a fire hazard or a nuisance and control the growth of vegetation to minimize potential fuel sources.

(D)	Waste Grease Transporters shall ensure that all grease, greasy liquid, water and solids from each grease trap or grease interceptor is removed during each time of removal.  
1.	
18.3.2  REGISTRATION FOR WASTE GREASE TRANSPORT
(A)	No person shall transport a load of more than 55 gallons of waste grease at one time unless he/she has registered with the Department by submitting an application for Waste Grease Certificate of Registration as a Colorado Waste Grease Transporter (Form WG-1) to the Hazardous Materials and Waste Management Division of the Department and received a Waste Grease Certificate of Registration from the Department.  

(B)	An application for a Waste Grease Certificate of Registration as a Waste Grease Transporter shall be submitted on Form WG-1, available by contacting the Department or at the Department’s website.   The application shall be delivered to the Department and shall include, at a minimum, the following information:
(1)	The business name of the Waste Grease Transporter and any other names under which the Waste Grease Transporter may do business;
(2)	The principal business address of the Waste Grease Transporter and any other address where the Waste Grease Transporter shall conduct commercial transportation of waste grease for storage or disposal activities in this state;
(3)	A business telephone number(s);
(4)	The name and address of the principal officer of a corporate Waste Grease Transporter or the owner(s) of a Waste Grease Transporter operating a proprietorship or partnership;
(5)	The original signature and date of signature of the Waste Grease Transporter applicant; 
(6)	The number of vehicles the Waste Grease Transporter uses to transport waste grease in Colorado; 
(7)	A vehicle description sheet which lists each vehicle the Waste Grease Transporter will use to transport waste grease, and includes, as appropriate, the following information for each vehicle: the size/capacity of the tank used to hold waste grease, the license plate number, the state in which the vehicle is registered, the Vehicle Identification Number (“VIN”) or other unique vehicle identifier, the make/model and year, and the registered owner; and 
(8)	Evidence that a surety bond or other debt instrument or method of financial assurance has been posted in accordance with Section 18.3.5 of these Regulations.
(C)	The Department shall issue an initial Waste Grease Certificate of Registration and corresponding vehicle decals to a waste grease transporter if the waste grease transporter has submitted an application to the Department containing all information required in Section 18.3.2(B) above. The Department shall issue subsequent Waste Grease Certificate of Registrations and corresponding vehicle decals in following years to a waste grease transporter if the waste grease transporter has submitted an application to the Department containing all information required in Section 18.3.2(B) above and has submitted the annual report required by Section 18.3.6 below.

(D)	The Waste Grease Certificate of Registration for a Waste Grease Transporter shall be valid from the date of issuance to July 15 of the following year.

(E)	A Waste Grease Transporter is not authorized to transport waste grease after the July 15 expiration date unless the Waste Grease Transporter has submitted a complete application to the Department to renew the Waste Grease Certificate of Registration as a Waste Grease Transporter pursuant to this section.

(F)	All Waste Grease Transporters who continue transporting waste grease shall submit an application for renewal no later than June 1 of each year.

(G)	A legible copy of the Waste Grease Certificate of Registration shall be maintained and made available for inspection at the Waste Grease Transporter’s principal place of business and in each vehicle used by the Waste Grease Transporter for transporting waste grease in Colorado.

(H)	A Waste Grease Certificate of Registration is not transferable by the Waste Grease Transporter to whom it was issued to any other person or entity. 

(I)	The Department may revoke a Waste Grease Transporter’s Certificate of Registration for failure to comply with the Act and the Regulations.

18.3.3 WASTE GREASE TRANSPORTER DECALS

(A)	No person shall transport a load of more than 55 gallons of waste grease at one time in Colorado without having received a Waste Grease Transporter vehicle decal(s).  An application for a Waste Grease Certificate of Registration submitted pursuant to Section 18.3.2 above shall also serve as the application for a Waste Grease Transporter’s vehicle decal(s).

(B)	Waste Grease Transporters will receive decals for each vehicle from the Department along with their Waste Grease Certificate of Registration.

(C)	Each Waste Grease Transporter vehicle decal shall be valid until July 15 of the following year and will have a unique number.    

(D)	A Waste Grease Transporter vehicle decal must be affixed to the lower left hand corner of the windshield of each vehicle the Waste Grease Transporter uses to transport waste grease, or in some other manner so the decal is visible on vehicles that do not have a windshield.  

(E)	A Waste Grease Transporter vehicle decal is not transferable by the Waste Grease Transporter to whom it was issued to any other person or entity and shall not be used for any vehicle not listed by the Registered Waste Grease Transporter on its application for a Waste Grease Certificate of Registration as a Waste Grease Transporter. 

(F)	Commercial freight carriers must obtain a temporary decal from the registered Waste Grease Transporter who contracts with them.  A registered Waste Grease Transporter can apply for a set of five (5) temporary Waste Grease Transporter decals at the time of registration, or as needed, to be used only for commercial freight carriers.  Such decals must include the original registration number, and the word “TEMP-1” up to “TEMP-5.”  The temporary decals must be displayed on the lower left hand side of the windshield at all times when the vehicle is under contract for waste grease transportation.  Upon termination of contract, temporary decal(s) must be returned within twenty-four (24) hours to the registered Waste Grease Transporter.  Commercial freight carriers must comply with Sections 18.3.1, 18.3.4, and 18.3.8.  

18.3.4 MANIFEST REQUIREMENTS

(A)	No Waste Grease Transporter may accept waste grease without properly completing a manifest pursuant to Section 18.3.4 of these Regulations.

(B)	Paper or electronic copies of manifests for all shipments of waste grease accepted by a Waste Grease Transporter shall be maintained on-site at the Waste Grease Transporter’s place of business and available for inspection for three (3) years from the date of delivery.

(C)	A person transporting a load of more than 55 gallons of waste grease at one time must use the Uniform Waste Grease Manifest form WG-2, available by contacting the Department or at the Department’s website.  Each manifest will have a unique number that will be provided by the Waste Grease Transporter. 

(D)	The Uniform Waste Grease Manifest must be filled out and contain the following information:

(1)	The name, address, and telephone number of the generator(s) or source(s) of the waste grease in the load;

(2)	The amount in gallons of waste grease in the load picked up by the waste grease transporter at each generator or source;

(3)	The name, address, telephone number and Waste Grease Certificate of Registration number of the Waste Grease Transporter and the Waste Grease Transporter vehicle decal number of the vehicle used to transport the waste grease;

(4)	The date(s) of transport;

(5)	The name, address, telephone number and Waste Grease Certificate of Registration number and Waste Grease Facility decal number of the registered destination facility, if applicable, to which the waste grease will be delivered; and

(6)	The signatures, under penalty of perjury, of the Waste Grease Transporter and the secondary Waste Grease Transporter (if any).

(E)	A person transporting a load of more than 55 gallons of waste grease at one time must do the following:
	
(1)	Carry the Uniform Waste Grease Manifest of each load in the vehicle while transporting the waste grease described on the Manifest;
(2)	Provide a completed copy of the Uniform Waste Grease Manifest for each load to the applicable waste grease generator/source of waste grease within thirty (30) days of delivery to the destination facility;
(3)	Provide a completed copy of the Uniform Waste Grease Manifest for each load to the registered Waste Grease Facility within one business day of delivery; and
(4)	Make a copy of any Uniform Waste Grease Manifest available to the Department upon request.

18.3.5 FINANCIAL ASSURANCE
	A person transporting a load of more than 55 gallons of waste grease at one time must acquire and maintain financial assurance in the amount of $10,000 for the cleanup and proper disposal of waste grease in accordance with Section 1.8 of these Regulations.	

18.3.6 ANNUAL REPORT
	A person who transports a load of more than 55 gallons of waste grease at one time must submit an annual report to the Department on the Waste Grease Transporter Annual Report Form (Form WG-3).  This form may be obtained by contacting the Department or is available at the Department’s website.
(A)	The report shall account for the amount of waste grease transported by the person during the previous calendar year (beginning January 1 and ending December 31).  Waste grease quantities shall be reported in gallons.    
(B)	The annual report must be delivered to the Department by February 1 of each year and must include the following:
(1)	The total number of waste grease pickups and the total amount of waste grease collected by the waste grease transporter from within Colorado for the applicable reporting period;
(2)	The total amount of waste grease that is brought to Colorado locations by the waste grease transporter from out-of-state sources during the applicable reporting period; 
(3)	The total amount of waste grease that is taken from Colorado locations by the waste grease transporter to out-of-state destinations during the applicable reporting period; 
(4)	The total number of waste grease drop-offs and the final disposition of the total amount of waste grease collected during the applicable reporting period by listing each waste grease facility and the total quantities of waste grease that the waste grease transporter has delivered to each waste grease facility and/or domestic wastewater treatment works; and
(5)	Documentation that the financial assurance is current.

18.3.7 ANNUAL REGISTRATION FEE

 A Waste Grease Transporter shall pay an annual registration fee pursuant to Section 1.7.5 of these Regulations.

18.3.8 WASTE GREASE TRANSPORTER STORAGE REQUIREMENTS

Notwithstanding the requirements of Section 18.2.2. of these Regulations and 
the definition of “Waste Grease Facility” in Section 1.2, a Waste 
Grease Transporter may store waste grease in the initial vehicle used for collecting the waste grease or in a vehicle used for off-site transport from the Waste Grease Transporter’s facility, for up to 21days without becoming a Waste Grease Facility.  

18.4 - STANDARDS FOR WASTE GREASE FACILITIES

18.4.1	GENERAL	 	

This Section 18.4 applies to all waste grease facilities that collect, store, process, or dispose of waste grease pursuant to Sections 30-20-113, C.R.S. or 30-20-123, C.R.S., except as exempted in 18.1.6 of these Regulations. In addition to the requirements imposed by this Section 18.4, Waste Grease Facilities that process or end-use grease are subject to the recycling requirements of Section 8 of these Regulations.

18.4.2 WASTE GREASE FACILITY REGISTRATON REQUIREMENTS
(A)	No person shall operate a Waste Grease Facility without having received Waste Grease Certificate of Registration from the Department.  

(B)	An application for a Waste Grease Certificate of Registration as a Waste Grease Facility shall be submitted on Form WG-1, available by contacting the Department or at the Department’s website.  The application shall be delivered to the Department and shall include, at a minimum, the following information:
(1)	The business name of the Waste Grease Facility and any other names under which the Waste Grease Facility may do business;
(2)	The principal business address of the Waste Grease Facility;
(3)	A business telephone number(s);
(4)	The name and address of the principal officer of a corporate Waste Grease Facility or the owner(s) of a Waste Grease Facility operating a proprietorship or partnership;
(5)	The original signature and date of signature of the Waste Grease Facility applicant; 
(6)	Evidence that financial assurance has been posted in accordance with Section 18.4.7 of these Regulations.	

(C)	The Department shall issue a Waste Grease Certificate of Registration and corresponding facility decal to a person if the person has submitted an application to the Department containing all information required in Section 18.4.2(B) above and has submitted the annual report required by Section 18.4.8 of these Regulations.

(D)	The Waste Grease Certificate of Registration for a Waste Grease Facility shall be valid from the date of issuance to July 15 of the following year.

(E)	A Waste Grease Facility is not authorized to accept, collect, store, process, or dispose of waste grease after the July 15 expiration date unless the Waste Grease Facility has submitted a complete application to the Department to renew the Waste Grease Certificate of Registration as a Waste Grease Facility pursuant to this section. 

(F)	All Waste Grease Facilities who continue accepting, collecting, storing, processing, or disposing of waste grease shall submit an application for renewal no later than June 1 of each year. 

(G)	A legible copy of the Waste Grease Certificate of Registration shall be maintained and made available for inspection at the Waste Grease Facility.

(H)	A Waste Grease Certificate of Registration is not transferable by the Waste Grease Facility to whom it was issued to any other person or entity. 

(I)	The Department may revoke a Waste Grease Certificate of Registration for failure to comply with the Act and the Regulations.

18.4.3 WASTE GREASE FACILITY DECALS

(A)	An application for a Waste Grease Certificate of Registration submitted pursuant to Section 18.4.2 above shall also serve as the application for a Waste Grease Facility decal.

(B)	Waste Grease Facilities will receive a Waste Grease Facility decal from the Department along with their Waste Grease Certificate of Registration. 

(C)	Waste Grease Facility decals shall be valid until July 15 of the following year and will have a unique number that will be assigned by the Department.  Prior to the expiration date, a Waste Grease Facility must submit a new application for a Waste Grease Certificate of Registration pursuant to Section 18.4.2 above.

(D)	A Waste Grease Facility must post or affix their Waste Grease Facility decal to a prominent location at the address used to store/accumulate waste grease.

(E)	A Waste Grease Facility decal is not transferable by the Waste Grease Facility to whom it was issued to any other person or entity. 

18.4.4 MANIFEST REQUIREMENTS

(A)	No Waste Grease Facility may accept a shipment of waste grease from a Waste Grease Transporter without an accompanying manifest properly completed pursuant to Section 18.3.4 of these Regulations.

(B)	Paper or electronic copies of manifests for all shipments of waste grease accepted by a registered Waste Grease Facility shall be maintained on-site at the facility and available for inspection for three (3) years from the date of delivery.

(C)	No Waste Grease Facility may offer a shipment of waste grease without an accompanying manifest properly completed by the Waste Grease Transporter pursuant to Section 18.3.4 of these Regulations.

(D)	Manifests for all shipments of waste grease offered by the Waste Grease Facility shall be maintained on-site at the facility and available for inspection for three (3) years from the date of pick-up.

18.4.5	STANDARDS FOR WASTE GREASE FACILITIES 	
 	
(A)	All Waste Grease Facilities shall maintain all‑weather access roads to those areas of the facility where waste grease is stored. 

(B)	All Waste Grease Facilities shall collect litter in and around any area used to store waste grease in order to avoid a fire hazard or a nuisance and control the growth of vegetation to minimize potential fuel sources. 
	
(C)	The operator shall maintain a working telephone at each Waste Grease Facility.

(D) 	All Waste Grease Facilities shall control public access, prevent unauthorized access, provide for site security both during and after hours, and prevent illegal dumping or theft of waste grease.  

(E)	Prominent signs in English and any other language predominant in the area surrounding the facility shall be posted in public view at the entrance to each Waste Grease Facility with the name of the facility, the hours the facility is open for public use, a listing of the wastes accepted at the facility, and a phone number for a 24-hour emergency contact.

(F)	Contingency Plan: All Waste Grease Facilities shall develop and maintain a contingency plan to be implemented when there is any planned or unplanned release of waste grease.
(1)	The contingency plan must contain provisions for assessing the full nature and extent of release to delineate the impact to soil, groundwater or surface water, for remedying such impact, and for returning the waste grease facility to compliance.  If a waste grease facility has an approved Spill Prevention Control and Countermeasures (SPCC) Plan, then the Department will accept a modified SPCC Plan that also incorporates the additional requirements as specified in these Solid Waste Regulations.  If the facility does not have an approved SPCC Plan, then the Contingency Plan must include all of the provisions identified in this Section 18 of the Solid Waste Regulations.

(2)	The owner or operator shall notify the Department and the local governing authority within twenty-four (24) hours of any identified release from a waste grease facility or ancillary equipment or any incident requiring implementation of the Contingency Plan.  Within two (2) weeks of the incident, the owner or operator shall provide written notification to the Department outlining actions taken.

(3)	Within forty-five (45) calendar days of any identified release from a waste grease facility or ancillary equipment or any incident requiring implementation of the Contingency Plan, the owner or operator shall submit a detailed, written assessment of the impact of the release, repair completion and verification, and the need for additional monitoring and proposed corrective action to the Department and local governing authority.  Repairs affecting an engineered feature at the facility must be certified by a registered professional engineer (P.E.), in accordance with these Regulations. 
 
(G)	Waste Grease Facilities shall arrange for the commercial transport of waste grease only with a waste grease transporter who is currently registered pursuant to section 18.3.2 of these Regulations

(H)	Waste Grease Facilities that process waste grease must annually process 100% of the three-year rolling average annual amount, in gallons, of waste grease that the Waste Grease Facility accepted during the previous three years. 

(I)	Waste Grease Facilities that convert waste grease into an end product must annually convert 100% of the three-year rolling average annual amount, in gallons, of waste grease that the Waste Grease Facility accepted during the previous three years.

(J)	Waste Grease Facilities that do not process waste grease or do not convert waste grease into an end product must either comply with Section 7 of these Regulations or obtain a Certificate of Designation, as appropriate.

18.4.6 CLOSURE OF WASTE GREASE FACILITIES

 (A)	All Waste Grease Facilities shall be closed and maintained in accordance with Sections 2.5, 2.6, and 18.4 of these Regulations.

(B)      Closure Plan Requirements for Waste Grease Facilities.
	
	A closure plan shall be prepared as part of an Engineering Design and Operations Plan and shall describe the steps necessary to close the Waste Grease Facility at any point during its active life and at the end of the facility’s active life.  The facility shall remove all solid waste and residual contamination to meet unrestricted use concentrations.  The closure plan, at a minimum, shall include provisions for removal of all solid waste at the site, including:

(1)	Proposed plans and procedures for sampling and testing soil based on visual identification of staining or other indications of residual contamination; 

(2)	Provisions for sampling and analyses of soil for potential hazardous characteristics and provisions for final disposal.  Soils will need to meet unrestricted use concentrations or background levels whichever is greater; and

(3)	A schedule for completing all activities necessary to satisfy the closure criteria of this section.

(C)	At least sixty (60) days in advance of the proposed closure date, the owner or operator must notify the Department and the local governing authority and place signs of suitable size at the entrance to the site and facility.

(D)	The owner or operator of the facility must complete closure activities of the facility in accordance with the closure plan and within one hundred eighty (180) calendar days following the final receipt of waste grease. Extensions of the closure period may be granted by the Department if the owner or operator demonstrates that closure will take longer than one hundred eighty (180) calendar days and the owner/operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment.

(E)	Owners or operators of all Waste Grease Facilities shall submit a Closure Certification Report to the Department within sixty calendar days of completion of closure activities.  The Closure Certification Report shall document that all the requirements and conditions of the closure plan have been achieved, including any analytical results, needed to support the unrestricted use condition of the facility. The report must be signed and sealed by Colorado registered professional engineer and is subject to review and approval by the Department.

18.4.7 FINANCIAL ASSURANCE
	All Waste Grease Facilities must acquire and maintain financial assurance for any required reclamation and for closure of the Facility in accordance with Section 1.8 of these Regulations. 

18.4.8 ANNUAL REPORT
	All Waste Grease Facilities must submit an annual report to the Department on the Waste Grease Facility Annual Report Form (Form WG-4).  This form may be obtained by contacting the Department or is available at the Department’s website.
(A)	The report shall account for the amount of waste grease collected, stored, processed, and/or disposed of by the facility during the previous calendar year (beginning January 1 and ending December 31).  Waste grease quantities shall be reported exclusively in gallons. 
(B)	The annual report must be delivered to the Department, by February 1 of each year and must include the following:
(1)	The number of loads and amount of waste grease the facility collected, stored, processed, and/or disposed of for the applicable reporting period;
(2)	The number of loads and amount of waste grease the facility shipped off-site for the applicable reporting period.
	(3)	Documentation that the financial assurance is paid and current.

18.4.9 ANNUAL REGISTRATION FEE

 A Waste Grease Facility shall pay an annual registration fee pursuant to Section 1.7.5 of these Regulations.

18.5 - STANDARDS FOR PERSONAL USE OF WASTE GREASE OTHER THAN FOR USE AS BIOFUEL

18.5.1	GENERAL	 	

This Section 18.5 applies to a person collecting or transporting waste grease for personal use other than for use as biofuel pursuant to Sections 30-20-113, C.R.S. or 30-20-123, C.R.S., except as exempted in Section 18.1.6 of these Regulations.

18.5.2	PERSONAL USE OF WASTE GREASE OTHER THAN FOR USE AS BIOFUEL REGISTRATON REQUIREMENTS 
(A)	No person shall collect or transport waste grease for personal use, other than for use as biofuel, without having received Waste Grease Certificate of Registration from the Department.  

(B)	An application for a Waste Grease Certificate of Registration as a Personal User of Waste Grease Other than For Use as Biofuel shall be submitted on Form WG-1, available by contacting the Department or at the Department’s website.  The application shall be delivered to the Department and shall include, at a minimum, the following information:
(1)	The name of the Personal User of Waste Grease Other than For Use as Biofuel;
(2)	The principal address of the Personal User of Waste Grease Other than For Use as Biofuel;
(3)	A principal telephone number(s);
(4)	The original signature and date of signature of the Personal User of Waste Grease Other than For Use as Biofuel; 
 (5)	A vehicle description sheet which lists each vehicle the Personal User of Waste Grease Other than For Use as Biofuel will use to transport waste grease, and includes the following information for each vehicle: the license plate number, the state in which the vehicle is registered, the Vehicle Identification Number (“VIN”), the make/model and year, and the registered owner; and 
(6)	Evidence that an annual fee for each Personal User of Waste Grease Other than For Use as Biofuel has been posted in accordance with Section 18.5.4 of these Regulations.

(C)	The Department shall issue a Waste Grease Certificate of Registration to a person if the person has submitted an application to the Department containing all information required in Section 18.5.2 (B) above.

(D)	The Waste Grease Certificate of Registration for a Personal User of Waste Grease Other than For Use as Biofuel shall be valid from the date of issuance to July 15 of the following year.

(E)	A Personal User of Waste Grease Other than For Use as Biofuel is not authorized to accept, collect, store, process, or dispose of waste grease after the July 15 expiration date unless the Personal User of Waste Grease Other than Use as Biofuel has submitted a complete application to renew the Waste Grease Certificate of Registration as a Personal User of Waste Grease Other than Use as Biofuel from the Department. 

(F)	A Personal User of Waste Grease Other than For Use as Biofuel who continues accepting, collecting, storing, processing, or disposing of waste grease shall submit an application for renewal no later than June 1 of each year. 

(G)	A legible copy of the Waste Grease Certificate of Registration shall be maintained by the Personal User of Waste Grease Other than For Use as Biofuel and made available for inspection.

(H)	A Waste Grease Certificate of Registration is not transferable by the Personal User of Waste Grease Other than For Use as Biofuel to whom it was issued to any other person or entity. 

(I)	The Department may revoke a Personal User of Waste Grease Other than For Use as Biofuel’s Certificate of Registration for failure to comply with the Act and the Regulations.

18.5.3	STANDARDS FOR PERSONAL USE OF WASTE GREASE OTHER THAN FOR USE AS BIOFUEL 	 	

All Personal Users of Waste Grease Other than For Use as Biofuel shall not barter, trade, or sell any portion of the waste grease to any person or take any waste grease from any container that is owned by a registrant unless written permission has been granted by the registrant.
(A)	All Personal Users of Waste Grease Other than For Use as Biofuel shall not transport more than 55 gallons of waste grease at a time.   
(B)	All Personal Users of Waste Grease Other than For Use as Biofuel shall not store more than 165 gallons of waste grease at a time, which includes the quantity of waste grease being transported.

18.5.4 ANNUAL FEE

 A Personal User of Waste Grease Other than For Use as Biofuel shall pay an annual registration fee pursuant to Section 1.7.5 of these Regulations.

18.6 STANDARDS FOR PERSONAL USE OF WASTE GREASE AS 
        BIOFUEL

18.6.1	GENERAL	 	

This Section 18.6 applies to a person collecting or transporting waste grease for personal use of the waste grease as biofuel pursuant to Sections 30-20-113, C.R.S. or 30-20-123, C.R.S., except as exempted in Section 18.1.6 of these Regulations.

18.6.2	STANDARDS FOR PERSONAL USE OF WASTE GREASE AS BIOFUEL	 	
A personal user of waste grease as biofuel shall not barter, trade, or sell any portion of the waste grease to any other person or take any waste grease from any container that is owned by a registrant unless written permission has been granted by the registrant. 

2) Amend Section 1.2 by adding the following definitions in alphabetical order to read as follows: 

“Collect” as used in Sections 18 of these Regulations means to gather or acquire waste grease from sources of waste grease; except that “collect” does not include moving waste grease from one area or container to another area or container on the same premises.

“Manifest” as used in Section 18 of these Regulations means the document for identifying the quantity, composition, origin, routing, and destination of waste grease during its transportation from the point of generation to the point of storage, treatment, or disposal.

“Personal use of waste grease as biofuel” means that the person collecting or transporting the waste grease intends to use the waste grease as biofuel.

“Personal use of waste grease other than for use as biofuel” means that the person collecting or transporting the waste grease intends to use the waste grease for some other purpose than biofuel.

“Process” means any physical, chemical, or biological treatment that is performed to make the waste grease more available for recycling or reuse, reduced for volume or toxicity, or produces a final residual material that is suitable for disposal.  “Process” does not include the filtering of waste grease where such filtering takes place in an enclosed grease trap fitter with mechanisms for such filtering. 

“Registrant” as used in Section 18 of these Regulations means a person registered under Section 18.

“Source of waste grease” means the location at which waste grease was initially generated. 

“Store” as used in Section 18 of these Regulations means to possess, impound, contain, or control waste grease; except that “store” does not apply to the temporary retention of waste grease on the premises where the waste grease was initially generated.

“Transport” as used in Section 18 of these Regulations means to use a vehicle to haul, ship, carry, convey, or transfer waste grease from one place to another.  “Transport” does not include moving waste generated on site into another on-site container, whether indoors or outdoors.

“Trap grease” means the residual yellow grease, waste water, and debris principally derived from food preparation or processing, or waste that is intercepted by and contained in grease traps or grease interceptors.

“Waste grease” means trap grease or yellow grease in a quantity in excess of 25 gallons.

“Waste grease facility” as used in Section 18 of these Regulations means any real property location used for the collection, transportation, storage, processing, or disposal of waste grease, including, without limitation, a processing plant, transfer station, or trans-shipment location.  “Facility” does not include a domestic wastewater treatment works as defined in section 25-8-103, C.R.S., that processes waste grease as part of its operations that are regulated by the Department pursuant to Article 8 of Title 25, C.R.S.  Facility does not include the real property of a personal user of waste grease.

“Waste grease generator” means a person who initially generates waste grease.

“Waste grease transporter” means a person who transports waste grease.

“Yellow grease” means used cooking oil, spent shortenings, or other inedible kitchen grease or waste vegetable oil produced by restaurant and food facilities.

3) Amend the introductory paragraph of Section 1.5.2 to read as follows:
 
1.5 WAIVER PROCESSES AND PROCEDURES

1.5.1	******* 

1.5.2	Based upon written specific waiver documentation, in their consideration of an application, and in the exercise of their regulatory authority to assure compliance with these regulations, the Department after consultation with the governing body having jurisdiction may waive compliance with standards in Sections 2 through 18 provided that the application satisfies criteria (A) and (B) and (C) and (D) below:

(A)  The benefits derived from meeting a standard do not bear a reasonable relationship to the economic, environmental, and energy impacts or other factors which are particular to the facility; and

(B)  Such waiver is consistent with the purposes of the Act and these regulations; and

(C)  Such waiver is not deemed to constitute a major variation from the requirements of these regulations; and

(D)  The waiver will not cause or allow the violation of any air or water quality standard or federal or local restrictions.

1.5.3	*******   

4) Amend Section 1.7.3 to read as follows:
 
1.7 	SOLID WASTE AUTHORIZATION AND FEES

1.7.1	******* 

1.7.2	*******  

1.7.3 	Annual Fees
(A) 	Applicability:
(1)	An operating fee of $1,000 per year shall be paid annually by solid waste sites and facilities regulated under the following Parts that are not subject to the Solid Waste User Fee, except Part 8 as noted below:
a.	Part 7 (Transfer Stations),
b.	Part 8 Recycling: Facility annual fee is $150/facility/year,
c.	Part 9 (Surface Impoundment Facilities)
d.	Part 11 (Solid Waste Incinerator Facilities), 
e.	Part 13 (Medical Waste Facilities), 
f.	Part 14 (Compost Facilities), 
g.	Part 18 (Waste Grease Transporters, Facilities, and Personal Users of Waste Grease): Annual fee per Section 1.7.5 of these regulations, and
h.	Unattended facilities regulated under Parts 1 and 2 of these regulations that do not pay fees under section 25-16-104.5, C.R.S., including:
		i.	Surface Impoundments,
		ii.	Landfills, and
		iii.	Monofills
(2)	The facilities listed in Section 1.7.3(A)(1) above are subject to the annual operating fee from the time such facilities first begin operating until final closure is certified and shall provide payment to provide reimbursement to the Department for those costs incurred in tracking, compliance monitoring, compliance assistance, plan review, enforcement, and other recurring activities that are reasonable and necessary to ensure compliance with these regulations.  
(3)	A post-closure fee of $1,000 per year shall be paid annually by solid waste sites and facilities regulated under the following Parts that are not subject to the Solid Waste User Fee, except Part 8 as noted below:  
a.	Part 2,
b.	Part 3,
c.	Part 7 (Transfer Stations),
d.	Part 8 Recycling: annual fee is $150/facility/year,
e.	Part 9 (Surface Impoundment Facilities), 
f.	Part 11 (Solid Waste Incinerator Facilities), 
g.	Part 13 (Medical Waste Facilities), 
h.	Part 14 (Compost Facilities), 
i.	Part 18 (Waste Grease Transporters, Facilities, and Personal Users of Waste Grease): Annual fee per Section 1.7.5 of these regulations, and
j.	Unattended facilities regulated under Parts 1 and 2 of these regulations, including:
i.	Surface impoundments,
ii.	Landfills, and
iii.	Monofills
(4)	The facilities listed in Section 1.7.3(A)(3) above are subject to the post-closure fee for the duration of the post-closure care period and shall provide payment to provide reimbursement to the Department for those costs incurred in tracking, compliance monitoring, compliance assistance, plan review, enforcement, and other recurring activities that are reasonable and necessary to ensure compliance with these regulations.
(B)	Payment:  All owners and operators of facilities subject to the fees of this section shall provide timely payment of the annual fees to the Treasurer of the State of Colorado, as provided in this section. All annual fees shall be credited to the Solid Waste Management Fund created in section 30-20-118, C.R.S. A late payment fee of 2% per month or portion thereof shall be assessed on any unpaid balance subject to the limitations of 24-79.5-101, et seq. C.R.S.

5) Add Section 1.7.5 to read as follows:

1.7.5   Waste Grease Transporters, Facilities, and Personal Users of Waste Grease Annual Fees

(A)	 Authorization: The Department is authorized per Section 30-20-123(9)(a.5), C.R.S. as amended, to collect an annual registration fee for Waste Grease Transporters, Facilities and Personal Users of Waste Grease. 

(B)	Applicability: Beginning January 30, 2012 all “Waste Grease Transporters”, “Waste Grease Facilities” and “Personal Users of Waste Grease Other than For Use as Biofuel”, as defined in Section 1.2 of these regulations are subject to the following annual fees as noted below:

1.	Waste Grease Transporter: $570 per vehicle per year, and $25 per set of five (5) temporary decals 

2.	Waste Grease Facility: $1,140 per year

3.	Personal Users of Waste Grease Other than For Use as Biofuel: $96 per year.

(C) 	The fees must be paid to the Treasurer of the State of Colorado by remitting to:

Hazardous Materials and Waste Management Division
Solid Waste and Materials Management Program
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530