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

Proposed Section 8 (Recycling & Beneficial Use) Regulations

1) Section 1.2 is being amended by deleting the definition of “Recycling operation” and revising the following definitions to read as follows: 

“Commercial wastes” means all solid wastes generated by stores, hotels, markets, offices, restaurants, warehouses, construction and demolition debris and other non-manufacturing activities, excluding community and industrial wastes.

“Industrial wastes” means all solid wastes, including mill tailings and mining wastes, resulting from the manufacture of products or goods by mechanical or chemical processes that are not a hazardous waste regulated under 6 CCR 1007-3, the Colorado Hazardous Waste Regulations.  Such waste may include, but is not limited to, construction and demolition debris, and waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.  This term does not include oil and gas wastes regulated by the Colorado Oil and Gas Conservation Commission.

“Intermediate processing facility” means a facility designed to remove recycables recyclables from unprocessed municipal solid waste, commonly referred to as a Dirty-MRF.

“Material recovery facility (MRF)” means a facility designed to receive and process recyclable materials. consisting of structures, machinery, devices, or persons to sort, bale, or otherwise manage or process source separated recyclable materials prior to conveyance to end markets.

“Processing” means performing a type of solid waste disposal, including but not limited to incineration, and composting. operations to solid waste and recyclable materials that allows for the purpose of proper solid waste disposal, recycling, composting, or incineration including but not limited to the operations of separating material by type, grade or color, sorting, crushing, grinding, shredding, baling, removing contaminants and modifying material properties.

“Recycling operation” means a separate facility, or a part of a solid waste disposal facility at which recyclable materials may be separated from other materials for further processing or marketing.

“Three year rolling average” means for an existing recycling facility an arithmetical average of the quantity (by weight or volume) of recyclable materials recycled at the facility during the previous three calendar years. This average shall be at least 75% by weight or volume (determined using a consistent measure) of the total amount of recyclable materials accumulated and currently in storage over a 3-year rolling average.  This average shall be updated each calendar year.  A new recycling facility shall use its first year’s quantity for its second year’s quantity, and the average of its first two years’ quantities to calculate its third year’s quantity. Thereafter it shall use the most current three years’ average.

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

“Construction and demolition debris”  means waste that is generated from construction, remodeling, repairs, or demolition of buildings, pavements, and other structures which includes but is not limited to, lumber, bricks, carpets, ceramics, sheetrock, metals, drywall, window glass, metal and plastic piping, paint and any other non-hazardous  materials resulting from construction and demolition operations. 

“Drop-off site” means a recycling consolidation site with no on-site processing; only collection of materials in a bin, roll-off, or other type of container. 

“Environmental Media” means earth materials including soil, sand, silt, gravel, rock, stone, sediment, and other naturally occurring solids.  

“Industrial recycling operation” means any site and facility operated for the purpose of processing, reclaiming, sorting, and recycling recyclable materials generated from industrial operations which includes but is not limited to construction and demolition debris, and other recyclable materials as determined by the Department. 

“On-site recycling” means recycling operations where the processing of recyclable materials occurs on the same site or under the same ownership from where the recyclable materials are generated and that recycle and store only materials generated on site or under continuous ownership and meet the performance standards set forth in Section 8. 

"Product" means the material or the good generated as a result of processing source separated recyclable materials for which no further processing is required prior to final utilization.

“Recyclable materials” means any type of discarded or waste material that is not regulated under Section 25-8-205(1)(e), C.R.S., and can be reused, remanufactured, reclaimed, or recycled but not including recycled auto parts or excluded scrap metal that is being recycled, or scrap this is composed of worn out metal or metal product that has outlived its original use, commonly referred to as obsolete scrap. 

“Recyclable material end user” includes all manufacturing operations that perform processing of municipal solid waste recyclable materials to be utilized as a raw material for fabrication of a product for normal business operations.

“Recyclable material generator” includes any business or institution that annually generates and consolidates over 100 tons of municipal solid waste recyclable material and ships directly to end markets or processing facilities out of state for recycling.

3) The existing Section 8 Regulations are being deleted in their entirety and replaced with new Section 8 (Recycling & Beneficial Use) Regulations to read as follows: 

Section 8
Recycling & Beneficial Use

8.1.1 Purpose

Section 8 is a fully integrated framework to provide a regulatory structure for sites and facilities that manage recyclable materials. Section 8 additionally sets the requirements for beneficial use of solid waste projects. Section 8 is designed to manage recycling facilities and beneficial use based on the classification of materials and facilities accepting recyclable materials. The regulations set forth in Section 8 are classified and defined into the following sub-categories:
8.2 	Municipal Solid Waste (MSW) Drop-off sites and recyclable material generators;
8.3	MSW Material recovery facilities;
8.4 	MSW Recyclable material end users; 
8.5 	Industrial recycling operations; and
8.6 	Beneficial use projects.

8.1.2 Scope and Applicability

The scope of this section applies to any site and facility operated for the purpose of processing, reclaiming, or recycling recyclable materials that qualify for the statutory exemption from the requirement to obtain a certificate of designation and as a solid waste disposal site and facility as provided in § 30-20-102(5), C.R.S.  Also included in this section are all sites subject to the reporting requirements of § 30-20-122, C.R.S. 

8.1.3 Minimum Site and Facility Standards

(A)	A recycling facility that does not comply with the requirements set forth in Section 8 is a solid waste disposal site and facility and is, therefore, subject to Section 1 and all other applicable sections of the Solid Waste Regulations.
 
(B)	A recycling facility shall be operated in order to prevent ground water contamination and the creation of off-site odors as a result of processing, reclaiming, recycling, or storage prior to recycling.

(C)	To qualify as a recycling facility, a facility must be able to meet the required three year rolling average material turnover rate set forth in this section and defined in the solid waste definitions.

(D)	Recycling facilities shall comply with the health laws, standards, rules, and regulations of the Department, the Water Quality Control Commission, the Air Quality Control Commission, and all applicable local laws and ordinances.

8.1.4 Exemptions
	
This section 8 does not apply to the following:

(A)	Biosolids and activities regulated under section 25-8-205(1)(e), C.R.S;

(B)	Composting facilities that are regulated under Section 14 of these regulations, unless recycling operations are conducted at that facility;

(C)	Waste grease recycling regulated under Section 18 of these regulations, unless recycling operations are conducted at that facility;

(D)	Waste tire collection facilities or waste tire processors or end-users that are regulated under Section 10 of these regulations, unless recycling operations are conducted at that facility;

(E)	Facilities that collect and process only scrap automobiles, scrap appliances, or other processed scrap metal, unprocessed home scrap metal, unprocessed prompt scrap metal, and obsolete scrap metal, as those terms are defined in section 30-20-101, C.R.S.;

(F)	Facilities that collect and process only shredded circuit boards; 

(G)	Recyclable hazardous waste and household hazardous waste; and

(H)	Household hazardous waste roundup events, community cleanup events, and other one-time or occasional collection events where yard waste and other recyclable materials are accepted for drop-off by private citizens for cleanup events. 

8.2 MSW Drop-off Sites and Recyclable Material Generators 

8.2.1 Scope and Applicability

Section 8.2 is applicable to all municipal solid waste drop-off sites and recyclable material generators that meet the following criteria and operations:

(A)	All sites defined as a drop-off site; and

(B)	All sites defined as a recyclable material generator.

8.2.2 Exemptions

All drop off sites and recyclable material generators that meet the following criteria are exempt from the registering and the reporting requirements:

(A)	Drop-off sites and recyclable material generators where the collected recyclable materials are sent to be processed at a registered recycling facility operating in Colorado;

(B)	Non-baled recyclable material storage, and drop-off sites with containers less than  a total of twelve  cubic yards of recyclable material storage; and

(C)	Industrial recycling operations, which are exempt from Section 8.2 but subject to Section 8.5. 

8.2.3 Minimum Material Turnover

Recyclable material at drop-off sites and at recyclable material generator locations shall be collected and managed at a rate to prevent an overflow of material from containers, bins, or other adequate storage methods.

8.2.4	Reporting and Recordkeeping

(A)	Recyclable material generators which collect and send recyclable material directly out of state for recycling and/or processing shall register with the Division and submit the Recycling Facility Annual Reporting Form to the Department by March 1st of each year for the previous calendar year. The annual report shall provide the following information:

(1) 	Types of materials recovered for recycling based on the Department’s material classification;

(2) 	Amount in tons of each material recovered for recycling;

(3)	Destination of each material and amount per destination; and 

(4)	Company name, address, and phone number, and email.

(B) 	Facilities may request confidential business information on the amount and destination of materials recovered for recycling data submitted per § 24-72-204(3)(a)(IV), C.R.S.

(C) 	Recyclable material generators and operators of drop-off sites that collect and send recyclables directly out of state may provide one Recycling Facility Annual Reporting Form for multiple recycling site locations documenting the total amount of each material collected for recycling statewide specifying material collected per location in the report. 

8.3 MSW Material Recovery Facilities 

8.3.1	Scope and Applicability

(A)	Section 8.3 applies to material recovery facilities (MRFs) as defined in the solid waste definitions. 

(B)	A material recovery facility that does not comply with or meet the conditions identified in this section will be considered a solid waste disposal site and facility that is subject to Section 1 and all other applicable sections of the Solid Waste Regulations.

(C)	A facility that manages municipal solid waste recyclable materials is subject to section 8.3.

8.3.2 Exemptions

The following operations are exempt from Section 8.3:

(A)	Drop-off sites subject to Section 8.2; 

(B)	Industrial recycling operations subject to Section 8.5; 

(C)	Composting operations subject to Section 14 of the regulations pertaining to solid waste.

8.3.3 Facility Registration

All Material Recovery Facilities shall register with the Department and submit the following required information on the Recycling Facility Initial Registration Form:

(A)	The name, physical and mailing address of the facility, including a business and corporate name as necessary;

(B)	The name and address of the owner and the operator;

(C)	The emergency contact for a 24-hour contact; and

(D)	Types of recyclable material collected based on the Department’s material classification.

8.3.4 General Site Requirements 

(A)	All sites defined as material recovery facilities shall have an operations plan detailing how the facility qualifies for § 30-20-102(5), C.R.S. and how it will operate and ensure the facility does not become a solid waste disposal site and facility. The operations plan must be kept on-site or at a Department-approved off-site location.  Facilities may request a plan review by the Department.  The operations plan shall include the following:

(1)	A physical description of the facility and the types of recyclable materials managed; 

(2)	Methods to control public access and prevent unauthorized vehicle traffic and illegal dumping by adequate fencing or other security means;

(3)	Emergency response procedures including procedures to prevent and control fires;

(4)	Procedures for preventing receipt of unauthorized waste; and
										
(5)	A closure plan including a plan for the disposition of collected materials on-site at the time of closure.

(B)	Following a 1-year accumulation period, the weight or volume of recyclable materials that are recycled shall be at least 75% of the total weight or volume (determined using a consistent measure) of recyclable materials received and currently in storage over a 3-year rolling average. 

(C)	Upon filing a written justification to the Department, a recycling facility may implement a commodity and site-specific variance to the accumulation period and/or minimum recycling rate requirement, and/or material specific variance to the accumulation period and/or recycling rate. The Department reserves the right to deny such a submittal based on the grounds of the facility operating in a manner that is producing, or could lead to nuisance conditions.  

(D)	Intermediate processing facilities which accept recyclable material combined with municipal solid waste shall comply with all regulations in Section 7 regarding transfer stations.

(E)	Electronic recycling facilities shall comply with all applicable local, State and Federal requirements.

8.3.5 Recordkeeping and Reporting

(A)	All material recovery facilities shall complete the Recycling Facility Annual Reporting Form and submit to the Department by March 1st of each year for the previous calendar year. The annual report shall provide the following information:

(1) 	Types of materials recovered for recycling based on the Department’s material classification;

(2)	 Amount in tons of each material recovered for recycling; 

(3)	 Destination of each material and amount per destination to prevent double counting; and

(4) 	Amount of material remaining on-site.

(B)	Facilities may request confidential business protection on weight or volume data and destination of materials submitted per § 24-72-204(3)(a)(IV), C.R.S.

(C)	All material recovery facilities shall maintain records on-site for at least the previous three years. 

8.3.6 Closure Requirements

(A)	No person shall close a material recovery facility without notifying the Department in writing at least sixty (60) calendar days in advance of initiating closure.

(B)	Prior to completing the closure activities, all recyclable materials and solid waste shall be processed, reclaimed, or recycled so that potential off-site odors, ground water contamination, and nuisance conditions shall be addressed. Any material remaining on-site following closure renders the site a solid waste disposal site. 

(C)	Closure shall be completed within one hundred eighty (180) calendar days of initiating closure activities.

(D)	Facilities shall submit a final report to the Department within ninety (90) calendar days of completing closure.

8.4 MSW Recyclable Material End Users 

8.4.1 Scope and Applicability

This section applies to all recyclable material end users, which includes but is not limited to all facilities which utilize municipal solid waste recyclable materials to be processed into a product as defined in the solid waste definitions. 

	8.4.2 Exemptions
	
	The following operations are exempt from Section 8.4:
	
(A)	On-site recycling facilities that process only recyclable materials generated on-site; 

(B)	Industrial recycling operations subject to Section 8.5. 

(C)	Composting operations subject to Section 14 of the Solid Waste Regulations.

(D)	Facilities which utilize a recycled material feedstock which has already been processed into a product.

8.4.3 Facility Registration

All recyclable material end users shall register with the Department and submit the following required information on the Recycling Facility Initial Registration Form:

(A)	The name, physical and mailing address of the facility, including a business and corporate name as necessary;

(B)	The name and address of the owner and the operator;

(C)	The emergency contact for a 24-hour contact; and

(D)	Types of recyclable material collected.

8.4.4 General Site Requirements

All sites classified as a recyclable material end user shall follow best management practices for storage and utilization of the specific recyclable material which includes at a minimum:

(A)	Recyclable materials shall be stored indoors, covered, or properly managed in order to prevent ground water contamination and off site odors. 

(B)	Following a 1-year accumulation period, the weight or volume of recyclable materials that are recycled shall be at least 75% of the total weight or volume (determined using a consistent measure) (based on the amount of recyclable materials received and currently in storage over a 3-year rolling average.

(C)	Upon filing a written justification to the Department, a recycling facility may implement a commodity and site-specific variance to the accumulation period and/or recycling rate, and/or material specific variance to the accumulation period and/or recycling rate. The Department reserves the right to deny such a submittal based on the grounds of the facility operating in a manner that is producing, or could lead to nuisance conditions. 

(D)	A recyclable material end user that does not comply with or meet the conditions identified in this section will be considered a solid waste disposal site and facility and is, therefore, subject to Section 1 and all other applicable sections of the Solid Waste Regulations.

8.4.5 Recordkeeping and Reporting

(A)	All recycling facilities are required to complete the annual Recycling Facility Annual Reporting Form and submit to the Department by March 1st of each year for the previous calendar year. The annual report shall provide all information required by the Department to properly complete the legislative requirement of recycling data including:

(1) 	Types of materials recovered for recycling based on the Department’s material classification;

(2)	 Amount in tons of each material recovered for recycling; and
	
(3)	 Amount of material remaining on-site.

(B)	Facilities may request confidential business protection on weight or volume data and receipt of materials submitted per § 24-72-204(3)(a)(IV), C.R.S.

(C)	Recyclable material end users shall maintain records on-site for at least the previous three years.

8.4.6 Closure Requirements

(A)	No person shall close a recycling facility without notifying the Department in writing at least sixty (60) calendar days in advance of the closure date.

(B)	Prior to completing the closure activities, all recyclable materials and solid waste shall be processed, reclaimed, or recycled so that potential off-site odors, ground water contamination, and nuisance conditions shall be addressed. Any material remaining on-site following closure renders the site a solid waste disposal site. 

(C)	Closure shall be completed within one hundred eighty (180) calendar days of initiating closure activities.

(D)	Facilities shall submit a final report to the Department within ninety (90) calendar days of completing closure.

8.5 Industrial Recycling Operations

8.5.1 Scope and Applicability

Section 8.5 applies to industrial recycling operations, operated for the purpose of processing, reclaiming, or recycling recyclable materials. Industrial recycling operations include the following recyclable materials:

(A)	Construction & demolition debris;

(B)	Other recyclable materials as approved by the Department.

8.5.2 Recyclable Material Performance Criteria 

The Department will consider the following criteria in making determinations to define what materials shall be deemed to be recyclable materials as a result of processing, reclaiming, recycling, or storage prior to recycling:

(A) 	Adherence to established engineering or other appropriate specifications;

(B) 	Adherence to established product, end user specifications or customer conditions of acceptance;  

(C) 	Environmental impacts; 

(D) 	Demonstrated benefit associated with the use; and

(E) 	Actual use as a substitute for, or in conjunction with, a commercial product or raw material.

8.5.3 Exemptions

The following operations are exempt from Section 8.5:

(A)	 On-site recycling operations where the processing of recyclable materials occurs on the same site from where the recyclable materials are generated and that recycle and store only materials generated on-site and meet the performance criteria of 8.5.2. Creation of ground water contamination, off-site odors, and speculative accumulation of waste materials voids this exemption. 

(B)	Concrete and asphalt operations when the material is managed like a commodity by meeting the following conditions:

(1)	material is managed and separated into commodity specific piles processed for reuse;

(2)	material is managed in active piles separated by material type or use within the past year; and

(3)	Incoming loads shall have all non-concrete, non-asphalt and non-rebar material removed from concrete and asphalt materials within thirty (30) calendar days and non-concrete, non-asphalt and non-rebar material shall not exceed 10% of the total material onsite by weight or volume.  

(C)	 Environmental media storage and reuse.

8.5.4 Facility Registration

All industrial recycling operations shall register with the Department and submit the following required information on the Recycling Facility Initial Registration Form:

(A)	The name, physical and mailing address of the facility, including a business and corporate name as necessary;

(B)	The name and address of the owner and the operator;

(C)	The emergency contact for a 24-hour contact; and

(D)	Types of recyclable material collected.

8.5.5	General Site Requirements

(A)	All sites defined as Industrial recycling operations shall have an operations plan detailing how the facility will operate in accordance with § 30-20-102(5), C.R.S.  Facilities may request a plan review by the Department. The operations plan shall include the following:

(1)	A physical description of the facility and the types of recyclable materials managed; 

(2)	Methods to prevent unauthorized vehicle traffic and illegal dumping by adequate fencing or other security means;

(3)	Procedures for preventing receipt of unauthorized waste; and

(4)	A closure plan including a plan for the disposition of collected materials on-site at the time of closure.

(B)	All recycling operations that process liquid or leachable recyclable materials shall have a design and operations plan approved by the Department prior to receiving recyclable materials to document the operations will not contaminate ground water. The Department will then determine whether the facility is operated for the purpose of processing, reclaiming, or recycling recyclable materials under § 30-20-102(5), C.R.S. 

(C)	Following a 1-year accumulation period, the weight or volume of recyclable materials that are recycled shall be at least 75% of the total weight or volume (determined using a consistent measure) of recyclable materials received and currently in storage over a 3-year rolling average. 

(D)	Upon filing a written justification to the Department, a recycling facility may implement a commodity and site-specific variance to the accumulation period and/or recycling rate, and/or material specific variance to the accumulation period and/or recycling rate. The Department reserves the right to deny such a submittal based on the grounds of the facility operating in a manner that is producing, or could lead to nuisance conditions. 

8.5.6 Recordkeeping and Reporting

(A)	All industrial recycling operations shall complete the Recycling Facility Annual Reporting Form and submit to the Department by March 1st of each year for the previous calendar year. The annual report shall provide all information required by the Department to properly complete the legislative requirement of recycling data including:

(1) 	Types of materials recovered for recycling based on the Department’s material classification;

(2) 	Amount in tons of each material recovered for recycling; 

(3) 	Destination per material and amount per destination to prevent double counting; and

(4) Amount of material remaining on-site.

(B)	Facilities may request confidential business protection on weight or volume data and destination of materials submitted per § 24-72-204(3)(a)(IV), C.R.S.

(C)	All industrial recycling operations shall keep and maintain records on-site for at least the previous three years. 

8.5.7 Closure Requirements

(A)	No person shall close a recycling facility without notifying the Department in writing at least sixty (60) calendar days in advance of the closure date. 

(B)	Prior to completing the closure activities, all recyclable materials and solid waste shall be processed, reclaimed, or recycled so that potential off-site odors, ground water contamination, and nuisance conditions shall be addressed. Any material remaining on-site following closure renders the site a solid waste disposal site. 

(C)	Closure shall be completed within one hundred eighty (180) calendar days of initiating closure activities.

(D)	Facilities shall submit a final report to the Department within ninety (90) calendar days of completing closure.

8.6 Beneficial Use

8.6.1 Scope and Applicability for Beneficial Use

(A)	This section applies to the beneficial use of solid wastes, including but not limited to those listed in a table found on the Pre-Approved Beneficial Uses Table.  The following tables referenced in this Section 8.6  are on the Division’s website:

(1)	Table 1A: Category 1 Total Elemental Analysis Table.  Table 1A provides total elemental analysis testing criteria for Category 1 beneficial use materials.

(2)	Table 1B: Category 1 and 2 Analyte Mobility Analysis Table.  Table 1B provides water leaching testing criteria for Category 1 & 2 beneficial use materials.

(3)	Table 2: Beneficial Use-by-Category Table.  Table 2 defines allowable beneficial uses based on Category of Material.

(4)	Table 3: Pre-Approved Beneficial Uses Table.  Table 3 provides pre-approved beneficial uses that do not require testing and characterization under Section 8.6.

(B)	This section serves to encourage the utilization of solid wastes. 

(C)	Proposals for those beneficial uses not listed in the Pre-Approved Beneficial Use Table will be reviewed by the Department according to the criteria set forth in this Section, resulting in the issuance of a Beneficial Use Determination (BUD) by the Department.  

(D)	Persons requesting the beneficial use of solid waste may propose alternative material characterization and beneficial use evaluation processes as identified in § 8.6.5(E). 

8.6.2	Performance and Storage Standards

(A)	Waste management, including handling, processing, treatment, storage, and ultimate disposition of wastes, may not have:

(1) 	A negative impact on groundwater quality; and

(2) 	Environmental impacts exceeding:
i.	Those expected from available commercial products or raw materials;
ii.	Department-approved unrestricted use concentrations that are protective of ground and surface water; or
iii.	Any residual constituents exceeding background concentrations for those constituents.

(B)	The weight or volume of recyclable materials that are recycled shall be at least 90% of the total weight or volume (determined using a consistent measure) of recyclable materials received and currently in storage over a 3-year rolling average. 

(C)	Waste usage shall comply with applicable federal, state, and local  requirements;

(D)	Upon failing to meet any of the above performance standards, the Department may revoke the beneficial use approval, and the Solid Waste regulations shall apply; and

(E)	Use of the waste material shall meet the following criteria:

(1)	Adherence to established engineering or other appropriate specifications;

(2)	Adherence to established product, end user specifications or customer conditions of acceptance;

(3)	Demonstrated benefit associated with the use; and

(4)	Actual use as a substitute for, or in conjunction with, a commercial product or raw material.

(F)	Any waste generation facility storing waste for beneficial use shall remove the waste prior to discontinued use and provide written notification to the Department describing the closure activities that have taken place.  

8.6.3  [Reserved]

8.6.4 Department Approved Beneficial Uses

The Department has approved beneficial uses specified in the Pre-Approved Beneficial Use Table. A person may use wastes specified on the Pre-Approved Beneficial Use Table and meet the performance standards listed in 8.6.2 without prior approval from the Department, unless there is reason to believe the waste contains contaminants that exceed the Department approved unrestricted use concentrations that are protective of ground and surface water, or background constituent concentrations or alternative criteria approved by the Department.  

8.6.5 Beneficial Use Waste Material Characterization

(A)	Non-characterized materials or categorized uses:

	Testing programs and beneficial uses for wastes not specifically listed in the Category 1 Total Elemental Analysis Table, Category 1 and 2 Analyte Mobility Analysis Table and the Beneficial Use by Category Table and the Pre-Approved Beneficial Use Table shall be approved by the Department on a case-by-case basis.  Wastes or uses not listed on Category 1 Total Elemental Analysis Table, Category 1 and 2 Analyte Mobility Analysis Table and the Beneficial Use by Category Table and the Pre-Approved Beneficial Use Table shall follow the characterization testing requirements described in Section 8.6.5, unless another characterization method or process is approved by the Department.  The characterization results shall be reported to the Department as specified in Section 8.6.5 (E).  The Department will assign an appropriate category.  

(B)	Initial Characterization:

	Any waste stream proposed for a specific beneficial use shall be properly characterized prior to beneficial use to determine its category under Section 8.6.6.

(C)	Characterization Methods:

(1) 	The limits of quantitation used in the characterization shall be at or below the concentration listed in Category 1 Total Elemental Analysis Table and Category 1 and 2 Analyte Mobility Analysis Table for each parameter for the specific target category.  All material sampling, total elemental analyses and analyses of leach testing shall be performed using EPA SW-846 methods, unless otherwise approved by the Department.  The Department may require additional tests to characterize waste materials prior to beneficial use.  The limit of detection and the limit of quantitation shall be reported with the sample results. If a substance is reported below the limit of quantitation, the detected value with the appropriate qualifier shall be reported.

(2) 	All wastes to be beneficially used in accordance with these regulations shall be determined not to be a hazardous waste as defined under § 25-15-302, C.R.S.  

(3) 	All wastes which are characterized to determine eligibility for Category 1 and 2 under Section 8.6.6 shall be analyzed using EPA SW-846 methods for determining the mobility of analytes in liquid, soils and wastes, or other methods as approved by the Department.

(4) 	All wastes characterized to determine eligibility for Category 1 under Section 8.6.6 shall be analyzed using EPA SW-846 methods for determining total elemental analytes present in liquids, soils or waste, or methods as approved by the Department.

(5) 	All waste shall be evaluated through geotechnical engineering methods or other appropriate means to show suitability for intended beneficial uses.  

(D)	Recharacterization:

	Wastes that are beneficially used under this section shall be recharacterized after the initial characterization in accordance with this section, unless the Department approves an alternative recharacterization method and/or frequency.  Persons may use knowledge of the constituents, materials and beneficial use in lieu of the following material characterization process, if the constituents, materials and beneficial uses have not changed since the initial BUD. In these cases the person must provide a statement to the Department by March 1 each year following the initial BUD.  

(1)	Representative sampling of each Category 1 waste shall be performed in the same manner as specified for the initial characterization once each year.

(2)	Representative sampling of each Category 2 waste shall be performed in the same manner as specified for the initial characterization once every 2 years.

(3)	Notwithstanding the frequencies set forth in (D)(1)-(D)(2) above, representative sampling of each waste shall be performed whenever there is any change in the waste generation process.

(E)	Department notification:

(1)	Each waste generator or user shall submit initial characterization results, proposed categorization under Section 8.6.6, and estimated quantities to be beneficially used to the Department for approval prior to the beneficial use of waste materials.  

(2)	Test results from waste recharacterization shall be submitted within thirty (30) calendar days of receipt of recharacterization results.  Recharacterization due to processing changes shall be submitted to the Department prior to the beneficial use of the waste.

8.6.6 Beneficial Use Materials Categories

(A)	Category 1: Wastes containing constituent concentrations less than those specified in  Category 1 Total Elemental Analysis Table and Category 1 and 2 Analyte Mobility Analysis Table may be used as Category 1 beneficial use materials.

(B)	Category 2: If a waste does not meet the criteria for Category 1, the characterization test as approved by the Department shall be run on a representative number of samples of the final product.  Waste products containing constituent concentrations less than those specified in Category 1 and 2 Analyte Mobility Analysis Table may be used as Category 2 beneficial use materials.

(C)	Category 3: Wastes that are characterized as non-hazardous may be used in liquid waste solidification applications where the material is disposed of at the same permitted solid waste disposal site and facility.  The site of final disposal shall be permitted to accept such wastes as defined in the facility Design and Operations Plan.

8.6.7 Beneficial Uses

(A)	Once characterization is completed, use the Beneficial Use-by-Category Table for a list potential beneficial uses; and

(B)	Wastes may not be placed below groundwater, or into permanent standing water, unless they are a part of a solidified application that has been demonstrated to not impact groundwater.  A waiver for approval may be granted for unsolidified uses that are demonstrated to not have a negative impact on groundwater geologically and chemically.  

8.6.8 Recordkeeping and Reporting

(A)	Ongoing beneficial use operations shall complete the Industrial Recycling Facility Annual Reporting Form and submit to the Department by March 1st of each year for the previous calendar year. The annual report shall provide all information required by the Department to properly complete the legislative requirement of recycling data including:

(1)	Types of wastes beneficially used;

(2) 	Amount in tons of each waste recovered for beneficial use; and

(3) 	Destination per waste and amount per destination to prevent double counting.

(B)	Facilities may request confidential business protection on weight or volume data submitted per § 24-72-204(3)(a)(IV), C.R.S.

(C)	All waste beneficial use operations shall keep and maintain records on-site for at least the previous three years.