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 18 - PRODUCER RESPONSIBILITY REGULATIONS
Current through Register Vol. 48, No. 6, March 25, 2025
18.1 GENERAL PROVISIONS
The overall purpose of these rules is to implement the Producer Responsibility Program for Statewide Recycling Act ("Producer Responsibility Act'") as found in sections 25-17-701 through 25-17-716, Colorado Revised Statutes, (C.R.S.).
The Solid and Hazardous Waste Commission is authorized pursuant to sections 703, 705, 710, and 713 of the Producer Responsibility Act to establish rules for the administration, operation, and enforcement of the Program.
This Section 18 applies to all persons, unless otherwise exempted, who are designated as producers of covered materials including packaging materials and paper products as defined in section 703 of the Producer Responsibility Act.
Computation of dates
If any of the deadlines noted below fall on a Saturday, Sunday or holiday, the computation of time pursuant to § 2-4-108, C.R.S. (2024) will be used.
The department, the advisory board, the Producer Responsibility Organizations (PRO), additional PROs, and any other person administering a plan approved by the department must:
The department may share information properly identified as confidential or proprietary with the PRO or additional PRO if the party that submitted it agrees to disclosure or the department provides notice to the party that submitted the information and the party does not dispute the disclosure.
The person submitting the information has the burden to identify and demonstrate the submitted information is proprietary or confidential at the time of submission. The person submitting the information must describe with particularity which information it considers proprietary or confidential and why. If part of a document is proprietary or confidential and part is not, the producer must submit two copies of the document, one unredacted and marked confidential and one redacted. The department need only protect or withhold information clearly and properly identified at the time of submission.
Facilities may request confidential business information protection on the amount and destination of materials recovered for recycling data submitted to the department as permitted by section 30-20-122(2), C.R.S. (2024).
Public Records Officer
Hazardous Materials and Waste Management Division
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Producers, the PRO, any additional PRO, and any person administering a plan approved by the department under the Program must preserve all books and records in accordance with state and federal laws. In particular, producers, the PRO, any additional PRO, and any person administering a plan approved by the department under the Program must maintain all documents and records necessary for the department to determine compliance with the Program for a period of 5 years. Such records must be open to inspection by the department at any time as permitted under Section 18.11.1.
If requested by the department, producers, the PRO, any additional PRO, and any person administering a plan approved by the department must submit documents and records to the department within ten business days or the timeline specified by the department, whichever is later. In particular, producers, the PRO, any additional PRO, and any person administering a plan approved by the department must submit documents and records related to the calculation and payment of producer responsibility dues, recycling rates, collection rates, post consumer-recycled-content rates, and any other materials necessary for the department to determine compliance with the Program to the department within ten business days or the timeline specified by the department, whichever is later.
If the PRO, any additional PRO, and any person administering a plan approved by the department ceases to exist or ceases to administer the program, they must transfer all producer data to another PRO designated by the department under section 705(1)(b) of the Producer Responsibility Act to administer the program or if no other PRO exists, then they must transfer the data to the department to be managed by the department until transferred to another designated PRO.
The PRO, any additional PRO, and any person administering a plan approved by the department must cause an annual financial audit of the program or any other plan approved by the department to be conducted by an independent third-party auditor.
The audit must include a detailed list of the Program's or plan's costs and revenues from the producer responsibility dues.
A copy of the annual audit must be included in the annual program plan submitted to the advisory board before March 31 of the second year of the program's implementation, and by March 31 each year thereafter.
If requested by the department, producers, the PRO, any additional PRO, and any person administering a plan approved by the department must conduct audits of records pertaining to covered material tracking. Audits may include random bale tracking to verify chain of custody of materials. Audits must demonstrate and certify that the end markets meet the standards of "responsible" as defined by the Producer Responsibility Act.
Results of an audit must be included in the annual report. Producers, the PRO, any additional PRO, and any person administering a plan approved by the department must indicate what information is requested to be deemed confidential.
The following definitions apply throughout Section 18.
"Additional materials list" ("AML") means covered materials not on the Minimum Recyclables List that may be collected in different geographic areas through curbside services, drop-off centers, or other means.
"Additional producer responsibility organization" means a nonprofit organization designated by the department as an additional producer responsibility organization pursuant to section 708(2)(b) of the Producer Responsibility Act.
"Advisory board" means the producer responsibility program for statewide recycling advisory board created in section 704(1) of the Producer Responsibility Act.
"Agricultural employer" has the same meaning as section 8-3-104(1), C.R.S. (2024), and means a person that:
"Alternative collection program" means a program for the management of packaging material that is operated by an individual producer that has been approved by the department in accordance with section 705 of the Producer Responsibility Act.
"Amended plan proposal" means an amended plan proposal for the implementation of the program submitted to the advisory board after the advisory board's initial review of the plan proposal in accordance with section 705(5) of the Producer Responsibility Act.
"Brand" means any mark, word, name, symbol, design, device or graphical element, or a combination thereof, including a registered or unregistered trademark, that identifies a product and distinguishes the product from other products.
"Cellulosic" or "Cellulosic fibers" means fibers derived from plant matter including, but not limited to, seed fibers, bast fibers, and leaf fibers.
"Collection" means the gathering and transportation of covered materials from covered entities for the purpose of recycling.
"Collection rate" means the weight of covered materials that are collected under the program in a calendar year divided by the weight of covered materials used for products sold or distributed by producers within or into the state in the same calendar year, expressed as a percentage.
"Commercial enterprise" means a corporation, partnership, limited liability company, association, public corporation, or any other legal or commercial entity whose primary business is selling or distributing products to consumers.
"Commission" means the Solid and Hazardous Waste Commission created under section 25-15-302(1)(a), C.R.S. (2024).
"Compost" means the material or product that is developed under controlled conditions and that results from biological degradation processes by which organic wastes decompose.
"Compost facility" means a site where compost is produced and includes only those compost facilities that readily accept and process packaging material collected from consumers.
"Compostable" means a covered material associated with organic waste streams that is capable of undergoing aerobic biological decomposition in a controlled composting system as demonstrated by meeting ASTM D6400 (2023), ASTM D6868 (2021), or ASTM D8410 (2022) or any successor standards.
"Confidential or proprietary information" means information that, if made public:
"Consumer" means any person who purchases or receives covered materials in the state and is located at a covered entity.
"Contamination" means discarded materials delivered to a recycling, compost or other processing facility in an amount or concentration that negatively impacts the value of the material being collected or negatively impacts a processor's ability to sort that material.
"Convenience standards" means convenient and equitable access to recycling for all readily recyclable materials at no charge to the covered entity in a manner as convenient as the collection of solid waste.
"Coordination plan" means a coordination plan submitted by an additional PRO approved by the department pursuant to section 708 of the Producer Responsibility Act
"Covered entity" means the following locations in the state from which covered materials are collected:
"Covered materials" includes:
"Department" means the Department of Public Health and Environment created in Section 24-1-119, C.R.S. (2024).
"Durable product" means a product that will remain usable for its original intended purpose for at least five years.
"Eco-modulation bonus schedule" RESERVED
"Environmentally sound management practices" means policies that ensure compliance with all applicable environmental laws, including laws addressing:
"Executive director" means the executive director of the department or the executive director's designee.
"Final plan" means the plan proposal or amended plan proposal that has been designated as the final plan by the department pursuant to section 705(5)(c)(I) of the Producer Responsibility Act or the final plan as amended by the coordination plan pursuant to section 708(2)(c) of the Producer Responsibility Act.
"Front Range" means the counties of Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the Cities and Counties of Broomfield and Denver.
"Hospitality locations" means visitor accommodations such as hotels and motels, campgrounds, event venues, stadiums, food and drink establishments that predominantly generate the same kinds of covered materials that residential covered entities do.
"Inbound contamination rate" means the percentage of covered material collected and sent to a MRF, compost facility or other processor of covered materials that is not recyclable either due to improper recycling behavior or covered materials that are not recyclable.
"Individual program plan" or "IPP" means a plan developed by a producer who chooses to assume responsibility to comply with the Producer Responsibility Act individually. To have a valid plan, a producer must submit an IPP to, and receive approval from, the advisory board and department pursuant to section 705(8) of the Producer Responsibility Act.
"Local government" means a home rule or statutory county, municipality, or city and county.
"Materials recovery facility" ("MRF") means a facility for processing covered materials that are collected for recycling before they are conveyed to end-market businesses. For the purposes of this definition, "end-market business" means a business, or a portion of a business, that processes recyclable materials into new products or reuses recyclable materials in new products sold or otherwise furnished to end users."
"Mechanical recycling" means a form of recycling that does not change the basic molecular structure of the material being recycled.
"Minimum recyclable list" ("MRL") means the uniform, statewide list of covered materials based on whether the covered material is readily recyclable, including the availability of recycling services, recycling collection and processing infrastructure, and recycling end markets for covered materials, as determined by the needs assessment and as updated by the PRO in compliance with the Producer Responsibility Act.
"Multifamily residences" means a building or buildings that are occupied or are arranged, designed, and intended to be occupied, by two or more families, and contain more than one dwelling unit, but does not include hotels, motels, or boarding houses, or single family residences with two or more dwelling units.
"Multiple times" in regard to packaging designed for reuse or refill, means that the material is used five or more times.
"Needs assessment" means the assessment of the state's recycling needs conducted pursuant to section 705(3).
"Nonprofit organization" means a tax-exempt charitable or social welfare organization operating under 26 U.S.C. §§ 501(c)(3) or 501(c)(4) (2024) of the federal "Internal Revenue Code of 1986", as amended.
"Nonresidential locations" means locations identified in the final plan including public places, small businesses, schools as defined in Section 22-1-132(2)(c), C.R.S. (2024), hospitality locations, and state and local government buildings.
"Packaging material" means any material, regardless of recyclability, that is intended for single or short-term use and is used for the containment, protection, handling, or delivery of products to the consumer at the point of sale, including through an internet transaction.
Packaging material includes products supplied to or purchased by consumers for the express purpose of facilitating food or beverage consumption and that are:
Packaging material includes paper, plastic, glass, metal, cartons, flexible foam, rigid packaging, or other materials or combination of these materials.
Packaging material does not include:
"Paper" means material of any type of cellulosic fiber source including but not limited to wood, wheat, rice, cotton, bananas, eucalyptus, bamboo, hemp, and sugar cane (bagasse) fiber sources.
"Paper products" means paper and other cellulosic fibers, whether or not they are used as a medium for text or images, including:
Paper products does not include newspapers used for a print publication that primarily include content derived from primary sources related to news and current events.
"Person" means any individual, public or private corporation, partnership, association, firm, trust or estate, franchisee or franchisor; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
"Plan" means a plan approved by the department pursuant to the Program.
"Plan proposal" means the plan proposal for the implementation of the program submitted to the advisory board in accordance with section 705 of the Producer Responsibility Act.
"Plastic" means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and flexible forms. Plastic includes, without limitation, polyethylene terephthalate (PET), high density polyethylene (HDPE), polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene (PS), polylactic acid (PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate (PHA) and polyhydroxy butyrate (PHB).
Plastic does not include natural rubber or naturally occurring polymers such as proteins or starches. Packaging that is primarily made from another material other than plastic shall not be considered plastic packaging.
"Postconsumer recycled material" means only those covered materials that have served their intended end use as consumer items and that have been separated or diverted from the waste stream for the purposes of collection and recycling as a secondary material feedstock. Postconsumer recycled material includes returns of material from the distribution chain. Postconsumer recycled material does not include waste generated during or after the completion of a manufacturing process.
"Producer" means:
"Producer Responsibility Act" means the "Producer Responsibility Program for Statewide Recycling Act," as codified at Title 25, Article 17, Part 7.
"Producer responsibility dues" means the amounts established in section 705(4)(i)(II) of the Producer Responsibility Act that a producer participating in the program pays annually into the program pursuant to section 709(1) of the Producer Responsibility Act.
"Producer Responsibility Organization" or "Organization" or "PRO" means the nonprofit organization designated to implement the program pursuant to section 705(1)(b)(II) of the Producer Responsibility Act.
"Producer Responsibility Program for Statewide Recycling" or "Program" means the regulatory program created in accordance with the Producer Responsibility Act.
"Product" means an economic good that is distributed, marketed or sold to a consumer. Product includes material sold in bulk for use at a later time in containing, protecting, delivering, or presenting items.
"Public place" means an indoor or outdoor location where trash services are offered in the state that is open to and generally used by the public. "Public Place" includes streets; sidewalks; plazas; town squares; state-owned or local-government-owned parks, beaches, and forests; other state-owned or local-government-owned land open for recreation or other public uses; and transportation facilities, including bus and train stations and airports.
"Public place" does not include industrial, commercial, or privately-owned property.
"Readily recyclable material" means a covered material that is included on the minimum recyclable list.
"Recycling" means the reprocessing, by means of a manufacturing process, of a used material into a product or a secondary raw material. "Recycling" does not include:
"Recycling rate" means the weight of covered materials that are recycled under the program in a calendar year divided by the weight of covered materials used for products sold or distributed by producers within or into the state in the same calendar year, expressed as a percentage. "Recycling rate" is measured at the point where collected covered materials have been prepared for sale or delivery to material reclaimers or end markets after processing at a materials recovery facility or similar establishment that sells directly to reclaimers or end markets.
"Recycling services" means services provided for the recycling of covered materials, including the collection, transportation, and processing of covered materials from the consumer to the end market. "Recycling services" includes curbside services and drop-off centers.
"Recycling services costs" means the costs of recycling programs to provide recycling services, including applicable costs related to:
"Residential" means all single-family or multifamily residences in the state.
"Responsible end market" means a materials market in which the recycling of materials or the disposal of contaminants is conducted in a way that:
"Retail food establishment" has the same meaning as the definition in Section 25-4-1602(14), C.R.S. (2024), of the Food Protection Act. Specifically, "retail food establishment" means "a retail operation that stores, prepares, or packages food for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premises or whether there is a charge for such food[.]" § 25-4-1602(14), C.R.S. (2024).
"Retailer" means a person that sells to consumers within or into the state, including sales made through an internet transaction, products for which covered materials are used.
"Reuse" or "Refill" means the return into the marketplace of a covered material that:
For purposes of this definition, 1) returnable reusable packaging: is packaging designed to be recirculated multiple times for the same or similar purpose in its original format in a system for reuse, that is owned by producers or a third party and is returned to producers or a third party after each use; and 2) refillable packaging: is packaging designed to be refilled by consumers multiple times for the same or similar purpose in its original format, and that is sold or provided to consumers once for the duration of its usable life, and where the producer has made the same or similar product available for consumers to refill five multiple times without the need for additional packaging.
"Service packaging" means material that is added at the point of sale by retail, food service, or other service entities to facilitate the delivery or consumption of products, which includes but is not limited to all bags, boxes, cups, plates, containers and other items for the direct or indirect containment of products.
Examples of service packaging include but are not limited to:
"Service provider" means a public or private entity, other than the producer responsibility organization, that provides recycling services in the state.
"Single-use" means conventionally disposed of after a single use or not sufficiently durable or washable to be, or not designed to be, reusable or refillable.
"Small business" means an individual business at a physical business location that has less than the total annual gross sales as adjusted annually by the Consumer Price Index as specified in Section 1.8.2.
"State or local government buildings" means structures occupied by any person which are either owned by a local government or the state, or utilized by a local government or the state through leases of one year of duration or longer.
"Supplemental collection" means a collection system, other than the primary curbside collection system, for covered materials that are not readily recyclable.
"Unfilled food and beverage packaging material" Means a product that is not used as packaging when supplied to or purchased by consumers individually or in bulk but are then used by consumers at a later point for the express purpose of facilitating food or beverage consumption.
"Unsafe" or "Unsanitary" means likely to cause disease or otherwise endanger health.
"Use in a commercial enterprise" or "Used in a commercial enterprise" means, with respect to a physical good, directly associated with commercial activity, regardless of whether any brand or trademark (as defined in this section) is present on the physical good itself.
18.2 PRODUCERS
Section 18.2 obligates producers, who are not otherwise exempt, to join, pay membership dues, and provide information to the PRO or any additional PRO. Compliance with this Section 18 does not relieve any producer from their obligations to comply with any other applicable federal, state or local statutes, regulations, requirements or ordinances.
The following producers are subject to the Program in order of who is first obligated, if the product is sold or distributed in Colorado (except for paragraph E):
Internet transactions involve two obligated producers, both who are equally obligated:
For any other producers of covered materials not obligated in (A) through (D), the producer is the person that first distributes the material in or into the state.
If a product has two or more items that are associated with different brands and are marketed in a single package, the producer is the brand who is contracting the manufacturing of the product using packaging materials following the order of obligation in (A).
Where the producer is a business operated wholly or in part as a franchise, the producer is the franchisor, if that franchisor has franchisees that operate in Colorado.
The following categories of producers are exempt from the Program under section 713 of the Producer Responsibility Act:
Effective July 1, 2025, a producer must not sell or distribute any products that use covered materials in the state unless the producer is participating in the Program.
No later than January 1, 2026, and annually thereafter by a date determined by the PRO, a producer must pay producer responsibility dues to the PRO based on the funding mechanism described in the Plan Proposal pursuant to section 705(4)(i) of the Producer Responsibility Act.
Producers must submit documents and records to the PRO if they believe they are exempt for covered material.
A person shall not charge any kind of point-of-sale or point-of-collection fee to consumers to recoup its costs in meeting the obligations of or complying with the Producer Responsibility Act.
18.3 COVERED MATERIALS - MINIMUM RECYCLABLE LIST
This Section 18.3 applies to all covered material categories of packaging and paper products. Compliance with this Section 18 does not relieve any producer from his/her obligation to comply with any other applicable federal, state or local statutes, regulations, requirements or ordinances.
The categories described below are not intended to be all-inclusive, but rather are set forth to assist producers such as manufacturers, brand or trademark owners or licensees, distributors, importers, shippers, and packagers in determining the appropriate category of a covered material. The department recognizes that case-by-case determinations may be necessary concerning selection of an appropriate category for a particular covered material. Accordingly, the department may require that analytical and/or process information be supplied by the producer to assist in making such determinations.
Producers must submit documents and records to the PRO if they believe they are exempt for covered material.
Covered materials include the following material-specific categories:
Producers of compostable packaging material are subject to the requirements in sections 25-17-803 and 25-17-804 C.R.S. (2024).
The following materials are exempt from the definition of a covered material as specified by section 703(13)(b) of the Producer Responsibility Act:
The Commission may exempt any other material that, based on an analysis by the PRO of the operational and financial impacts of the proposed changes and after consultation with the advisory board, it determines by rule to not be a covered material.
Pursuant to section 703(25)(a)(II)(B) of the Producer Responsibility Act, packaging materials for products supplied to or purchased by consumers for the express purpose of facilitating food or beverage consumption, that are designed for reuse or refill, are not covered materials.
The following recyclable material categories shall be used for purposes of updating the Minimum Recyclable List (MRL) and Additional Materials List (AML), and to establish recycling and collection rate targets for the program:
The recyclable material categories include:
Pursuant to section 705 of the Producer Responsibility Act, the PRO must propose a list of covered materials for inclusion in the minimum recyclable list (MRL). Covered materials which are included on the final MRL are then considered "readily recyclable materials."
The PRO must develop the MRL based on, at a minimum, the availability of:
When developing the MRL, the PRO may consider, as part of the above factors, industry guidelines or worker safety, upon consultation with the advisory board and as approved by the department.
The PRO may evaluate the materials on the AML using the same criteria as on the MRL.
18.4 COVERED ENTITIES
This Section 18.4 applies to all covered entities in the Program. Participation in this Section 18 is not obligated by any covered entity.
The categories described below are not intended to be all-inclusive, but rather are set forth to assist in determining the appropriate category of a covered entity. The department recognizes that case-by-case determinations may be necessary concerning selection of an appropriate category for a particular covered entity. Accordingly, the department may require that additional information be supplied by the covered entity to assist in making such determinations.
Residential covered entities include all single-family or multifamily residences in the state.
Pursuant to Section 2-2-803, C.R.S. (2024), tribal nations with jurisdiction in Colorado may opt into the Program as covered entities, if legal and appropriate given the nature and funding source of the Program.
Tribal entities wishing to opt into the Program should submit a request in writing to the department and the PRO.
18.5 PRODUCER RESPONSIBILITY ORGANIZATION (PRO)
Section 18.5 applies to Producer Responsibility Organization (PRO). Compliance with this Section 18 does not relieve the PRO from its obligation to comply with any other applicable federal, state or local statutes, regulations, requirements or ordinances.
As specified by section 705(3) of the Producer Responsibility Act, the PRO must consult with the advisory board throughout the needs assessment process and in determining which projected scenario to implement in its plan proposal.
The PRO must fully address in the needs assessment all criteria required under section 705(3) of the Producer Responsibility Act. The PRO must also address any additional criteria identified by the advisory board and department.
Proposed Budget and Description of Due Setting
Any surplus money generated by the program must be placed back into the program for program improvements or a reduction in producer responsibility dues during the next fiscal year, and may not be used for financial reserves.
A financial reserve sufficient to operate the program in a fiscally prudent and responsible manner must be maintained, with a minimum of three months' operating costs and a maximum of six months operating costs.
The department may waive the requirements in (b) if the PRO requests a waiver and demonstrates the waiver would be fiscally prudent. The department may consult with the advisory board on the waiver request as needed.
A producer or group of producers of a covered material may request a special assessment paid by the producers of that covered material to cover system improvements that improve the collection and recycling of that covered material or facilitate the addition of the covered material to the list of readily recyclable materials.
The PRO must update the producer responsibility dues schedule annually. These updates must reflect changes in program costs and relevant plan revisions. When setting and revising the annual producer responsibility dues schedule, the PRO must solicit and incorporate input from all producers.
The PRO must submit an annual report describing the progress of the Program to the advisory board before March 31 of the second year of the program's implementation, and by March 31 each year thereafter. The PRO's annual report must comply with all of the requirements of section 709 of the Producer Responsibility Act.
The advisory board must review the report and forward it to the department with any recommendations and reasoning supporting the recommendations.
The PRO must comply with all of the recordkeeping, production, and audit requirements in Section 18.1.5.
The PRO must consult with the additional PRO while the additional PRO is developing a coordination plan.
The PRO must comply with any additional PRO coordination plan approved by the department.
If the coordination plan conflicts with the final plan or any other plan approved by the department pursuant to the Producer Responsibility Act, the provisions of the coordination plan prevail.
A coordination plan approved or ordered by the department is valid until revoked or until a new coordination plan is approved or ordered by the department.
18.6 INDIVIDUAL PROGRAM PLAN (IPP) REQUIREMENTS
Section 18.6 applies to producers who are operating under a department-approved Individual Program Plan (IPP). Compliance with this Section 18 does not relieve the producer from their obligation to comply with any other applicable federal, state or local statutes, regulations, requirements or ordinances.
A producer must notify the department in writing of its intent to submit an IPP proposal by January 1, 2024, and by each January 1 thereafter. The notification must include the producer's name, email, phone, a primary contact, and an initial explanation as to why the producer believes they qualify for an IPP.
On January 1, 2025, and each January 1 thereafter, as an alternative to participating in the program, a producer may submit to the advisory board in writing an IPP proposal.
Requirements
The IPP must comply with the requirements of section 705(4) of the Producer Responsibility Act as applicable and must describe in detail:
Advisory board consultation, department approval
The advisory board must review and make recommendations on, and the department must approve or reject, any IPP proposals in accordance with the procedures set forth in section 705(5) of the Producer Responsibility Act.
After the department approves the IPP proposal, the department must designate the IPP proposal as the plan that the producer is authorized to implement and administer as an alternative to participating in the program.
The producer implementing an approved individual program plan must submit any amendments to the plan to the advisory board in accordance with section 705(6) of the Producer Responsibility Act. The advisory board must review and make recommendations on, and the department must approve or reject, any amendments to the plan in accordance with 705(6) of the Producer Responsibility Act.
Producers operating under an IPP must comply with all requirements in Section 18.1.5.
Producers operating under an IPP must comply with the reporting requirements of Section 18.2.6 of these rules.
18.7 ADDITIONAL PRODUCER RESPONSIBILITY ORGANIZATION (PRO)
Section 18.7 applies to any additional Producer Responsibility Organization (PRO). Compliance with this Section 18 does not relieve the additional PRO from their obligation to comply with any other applicable federal, state or local statutes, regulations, requirements or ordinances.
The department may designate a nonprofit organization as an additional producer responsibility organization if the department, in coordination with the advisory board, determines that the designation of the additional producer responsibility organization is necessary to increase recycling rates, expand recycling services to covered entities that are not covered under the final plan, or provide recycling services for a specific type of covered material.
On January 1, 2029, and every January 1 thereafter, a nonprofit organization may request that the department designate a nonprofit organization as an additional PRO.
The additional PRO must consult with the PRO when developing a coordination plan.
The additional PRO must submit a coordination plan to the department for approval in accordance with the rules promulgated by the department and section 708 of the Producer Responsibility Act.
The additional PRO must comply with any coordination plan approved by the department. If the coordination plan conflicts with the final plan or any other plan approved by the department pursuant to the Producer Responsibility Act, the provisions of the coordination plan prevail. A coordination plan approved or ordered by the department is valid until revoked or until a new coordination plan is approved or ordered by the department.
A coordination plan approved or ordered by the department must be immediately implemented by the PRO and any additional producer responsibility organizations designated by the department.
If the coordination plan conflicts with the final plan or any other plan approved by the department, the provisions of the coordination plan shall prevail.
A coordination plan approved or ordered by the department is valid until revoked or until a new coordination plan is approved or ordered by the department.
Producers operating as an additional producer responsibility organization must comply with all requirements in Section 18.5.5.
Producers operating as an additional producer responsibility organization must comply with all requirements in Section 18.1.5.
18.8 EDUCATION AND OUTREACH PROGRAM
The PRO must develop and implement a statewide education and outreach program that is designed to increase the recycling and reuse of covered materials pursuant to section 707 of the Producer Responsibility Act.
The PRO's education and outreach program must provide clear and concise recycling instructions that are consistent statewide and accessible for all demographic groups, coordinate with existing recycling education materials and services provided throughout the state, and be designed to help the state achieve the minimum collection rate and minimum recycling rate targets established in the final plan under section 705(4)(p) of the Producer Responsibility Act and reduce levels and impacts of inbound contamination from covered materials at materials recovery facilities and compost facilities.
The PRO must develop an education and outreach program proposed methodology for evaluating and reporting on the effectiveness of the education and outreach program.
The PRO must consult with the advisory board and other entities providing recycling education in the state on the development and distribution of education outreach services and materials.
18.9 PRODUCER ECO-MODULATION (RESERVED)
18.10 PRO REIMBURSEMENT TO CDPHE
By August 1, 2026, the PRO must reimburse the department for all costs incurred with administering, implementing and enforcing the program since the effective date of the Producer Responsibility Act, up to June 30, 2026.
By August 1, 2027 and each year after, the PRO and an Additional PRO, as applicable, must reimburse the department for all costs incurred with administering, implementing and enforcing the program for the prior year.
Annual costs reimbursed by the PRO will be prorated by the department to reflect contributions from producers participating in IPPs.
18.11 INSPECTION - ENFORCEMENT - PENALTIES
The department may inspect any documents and records of producers, the PRO, any additional PRO, or a person administering a plan approved under the Producer Responsibility Act in order to determine compliance with this Section 18 and the Producer Responsibility Act. The department may also request in writing that the producer provide any relevant documents to it. The producer must make these records available for inspection at any time. Notice is not required before such inspections. Inspections will take place during normal working hours.
The department may enforce against a producer, the PRO, any additional PRO, or a person administering a plan approved under the Act pursuant to section 710 of the Producer Responsibility Act should the producer fail to allow inspection of records or fail to provide records within ten business days or by the timeline specified by the department, whichever is later.
Should the producer, PRO, additional PRO, or person administering a plan approved under the Act refuse entry for inspection of records or fail to provide records as specified above, the department may seek a search warrant in the judicial district where the site or facility is located, when it is demonstrated to the court that inspection of such records is required to verify compliance with the Producer Responsibility Act.
Whenever the department reasonably believes a producer, the PRO, any additional PRO, or a person administering a plan approved under the Producer Responsibility Act is violating or has been in violation of the Producer Responsibility Act, regulations developed under the Producer Responsibility Act, plans submitted pursuant to the Producer Responsibility Act, or orders issued pursuant to the Producer Responsibility Act, the department may issue a compliance advisory. The compliance advisory must include the factual basis for the violation(s).
Issuance of a compliance advisory constitutes notice to the person of the violation(s) but does not constitute a final agency action subject to appeal. The department must serve the compliance advisory on the person alleged to be in violation either through email, mail at the person's last known address, or personal service.
The department may issue a compliance advisory in addition to, or as an alternative to, the issuance of a penalty order.
An alleged violator in receipt of a compliance advisory may request the department hold a compliance conference via telephone, video call, or in person within 20 days after receipt of a compliance advisory or compliance order. The main purpose of this conference is for the alleged violator to present additional materials addressing the department's compliance concerns and add relevant information into the administrative record.
Whenever the department finds that a producer, the PRO, any additional PRO, or a person administering a plan approved under the Act is violating the Producer Responsibility Act, regulations developed under the Producer Responsibility Act, plans submitted pursuant to the Producer Responsibility Act, or orders issued pursuant to the Producer Responsibility Act, the department may issue an administrative penalty order. The department must serve the penalty order to the person found in violation through certified mail, return receipt requested or personal service. The order is effective on the date specified in it.
The department must assess penalties as follows:
The producer, PRO, any additional PRO, or a person administering a plan approved under the Producer Responsibility Act, may request the Commission hold a hearing on the penalty order. Such request must be made in writing and submitted to the department by certified mail, return receipt requested or personal service within 35 calendar days after the effective date of the penalty order. The hearing request must also include the name and contact information of the entity contesting the order, a detailed statement of the basis for its disagreement with the penalty assessed, an estimate of the time needed for hearing, and a copy of the penalty order contested.
If the violator files a request for hearing, the requirement to pay a penalty is stayed pending a final decision by the Commission after a hearing on the merits.
At any time the department finds that a producer, PRO, any additional PRO, or any person administering a plan approved under the Producer Responsibility Act is in violation, it may commence a civil action for injunctive relief in the district court of the judicial district in which the violation occurs. The department may file a civil action for injunctive relief in addition to, or as an alternative to, the issuance of a penalty or compliance order.
Judicial review of any final agency action under this Section is available as permitted by § 24-4-106, C.R.S. (2024).
