Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-3 - HAZARDOUS WASTE
Part 264 - HAZARDOUS WASTE - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
Subpart G - Closure and Post-Closure
Section 6 CCR 1007-3-264.119 - Post Closure Notices

Universal Citation: 1000 CO Code Regs 6 CCR 1007-3-264.119

Current through Register Vol. 47, No. 17, September 10, 2024

(a) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator must identify the type, location, and quantity of the hazardous wastes to the best of his/her knowledge and in accordance with any records he/she has kept.

(b) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator must:

(1) Record an environmental covenant as required in accordance with C.R.S. § § 25-15-317 et seq. The covenant shall contain:

(i) a statement that the land has been used to manage hazardous wastes;

(ii) appropriate environmental use restrictions, as defined in § 25-15-101 (4.7), C.R.S.; and

(iii) a notation that the survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by § § 264.116 and 264.119(a) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the Director of the Colorado Department of Public Health and Environment; and

(2) Submit a certification, signed by the owner or operator, that he/she has recorded the notation specified in paragraph (b)(1) of this section, including a copy of the document in which the notation has been placed, to the Department.

(c) If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, he/she must request a modification to the post closure permit in accordance with the applicable requirements in Part 100, or in accordance with the provisions of the enforceable document, if one is used in lieu of a post-closure permit. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the criteria of § 264.117(c). The owner or operator must further comply with the modification and termination provisions of any environmental covenant. By removing hazardous waste, the owner or operator may become a generator of hazardous waste and must manage it in accordance with all applicable requirements of these regulations. If he/she is granted a permit modification or otherwise granted approval to conduct such removal activities, the owner or operator may request that the Department approve either:

(1) The removal of the notation on the deed to the facility property or other instrument normally examined during title search;

(2) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste; or

(3) Modification or termination of the environmental covenant, as appropriate.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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