Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-2 - SOLID WASTE SITES AND FACILITIES
Part 1 - SOLID WASTE SITES AND FACILITIES
Part B - REQUIREMENTS AND INFORMATION CONCERNING ALL SOLID WASTE DISPOSAL SITES AND FACILITIES IN THE STATE OF COLORADO
Section 16 - MATERIALS PROHIBITED FROM DISPOSAL
Current through Register Vol. 48, No. 6, March 25, 2025
16.1 SCOPE AND APPLICABILITY
These regulations apply to the management and disposal of materials prohibited from land disposal in a solid waste site and facility under authority of CRS Title 30, Article 20, Part 1 and Part 10 and CRS Title 25, Article 17, Part 3. These Section 16 regulations are classified into the following sub-categories:
16.2 Management of Residentially Generated Used Lead-acid Batteries
16.3 Management of Residentially Generated Used Oil
16.4 [Reserved]
16.5 Management of Residentially Generated Waste Electronic Devices.
Individuals residing in areas without recycling facilities or collection facilities are given the opportunity to demonstrate a lack of reasonable recycling options. In order to exercise this option, the individual must conduct due diligence to establish that reasonable options are not available. A finding of due diligence shall be based, at a minimum, on an individual's inquiry into local recycling options accomplished by querying the local telephone directory and contacting the county or municipality of residence regarding the availability of local recycling facilities, collection centers, or collection events. In the event that due diligence is exercised and no reasonable recycling option is identified, an individual may dispose of used lead-acid batteries and/or used oil in a solid waste disposal site and facility or transfer station. The individual must contact the intended recipient solid waste disposal site and facility or transfer station to make sure that the facility will accept the used lead-acid batteries and/or used oil. Nothing in this Section precludes any solid waste disposal site and facility or transfer station from refusing to accept these items on a site-specific basis.
Each solid waste disposal site and facility must evaluate any due diligence determinations made by individuals, consistent with waste screening criteria already implemented for other waste streams in accordance with Section 2.1.2 of these Regulations. The individual may be required by the solid waste disposal site and facility to document the due diligence that was performed if such a requirement is identified in the facility's waste characterization plan required in Section 16.6 of these Regulations.
Due diligence is only available to individuals; collection facilities are prohibited from the provisions of due diligence under this exemption.
16.2 MANAGEMENT OF RESIDENTIARY GENERATED USED LEAD-ACID BATTERIES
Any retailer selling replacement lead-acid batteries may accept from customers used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A lead-acid battery retailer that chooses to set up a deposit system may collect a deposit of at least ten dollars on the sale of an automotive-type replacement lead-acid battery not accompanied by the return of a used lead-acid battery. The retailer shall return the deposit if the person who paid the deposit returns a used lead-acid battery to the retailer within thirty (30) calendar days of the date of sale.
A retailer accepting used lead-acid batteries from customers in the State shall dispose of said batteries by delivery to one of the following:
Any wholesaler selling replacement lead-acid batteries may accept from customers, at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers.
Residentially generated used lead-acid batteries that are collected during any periodic household hazardous waste collection event (where such wastes are not accepted on a continuous basis) shall be exempt from the standards in 16.2.2, provided that the residentially generated used lead-acid batteries are managed to prevent release to the environment and are transferred from the site within thirty (30) calendar days following each collection event.
16.3 MANAGEMENT OF RESIDENTIALLY GENERATED USED OIL
A collection facility that accepts and stores residentially generated used oil must manage the oil as follows:
16.4 [Reserved]
16.5 MANAGEMENT OF RESIDENTIALLY GENERATED WASTE ELECTRONIC DEVICES
Notwithstanding Subsection (A) of this Section, a person may dispose of a waste electronic device at a solid waste disposal site and facility only following approval by majority vote of the county commissioners exempting residents from this Section 16.5 for no more than a two year period if the county:
A board of county commissioners shall only vote to exempt residents from this Section 16.5, if the county does not meet the minimum access to electronics recycling which includes:
A retailer, wholesaler, or collection facility not subject to Section 8 that accepts and stores residentially generated waste electronic devices shall manage the used electronic devices in a manner that prevents the release of waste or waste constituents to the environment.
All solid waste disposal sites and facilities, transfer stations, and waste haulers shall post, in a conspicuous location at the facility, a sign stating that waste electronic devices will not be accepted for land disposal.
16.6 Waste Characterization Plans
Each solid waste site and disposal facility shall amend its waste characterization plan to include waste acceptance procedures designed to minimize the disposal of residentially generated waste electronic devices, used lead-acid batteries and used oil. Such procedures shall be implemented no later than July 1, 2013. Solid waste sites and disposal facilities shall include these waste screening procedures in the waste characterization and disposal plan required by Section 2.1.2(C). The prohibition on disposal of these waste types shall be incorporated into employee training required by Section 2.1.2(B)(3). Any solid waste disposal site and facility in substantial compliance with its waste characterization plan developed pursuant to section 30-20-110(1) (g), and Section 2.1.2 of the Regulations, shall be deemed to be in compliance with this Section, so long as such waste characterization plan contains waste acceptance procedures to minimize the disposal of waste electronic devices, lead-acid batteries and used oil consistent with the requirements of this Section.
