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 3 - STANDARDS FOR SOLID WASTE DISPOSAL LANDFILL SITES AND FACILITIES
Universal Citation: 1000 CO Code Regs 3
Current through Register Vol. 48, No. 6, March 25, 2025
3.0 PURPOSE, SCOPE AND APPLICABILITY
3.0.1 It is the purpose and intent of these regulations as they apply to solid waste landfills (MSWLFs) to be equivalent to but not more stringent than the 40 CFR Part 258 while allowing the maximum flexibility of interpretation and application based upon the characteristics of the chosen site.
3.0.2 This Section 3 also applies to non-MSWLF sites and facilities. On a case-by-case demonstration basis, the application of these requirements to non-MSWLFs may be altered provided that the alternative standard is as protective of the environment and public health as the requirement specified in these regulations.
3.1 LOCATION RESTRICTIONS AND SITE STANDARDS
3.1.1 Landfills that accept putrescible wastes which occur within 10,000 feet (3048 meters) of any airport runway used by turbojet, or within 5,000 feet (1,523 meters) of any airport runway used only by piston-type aircraft shall not pose a bird hazard to aircraft. The applicant shall submit reasonable evidence regarding the ability to mitigate a bird hazard, to the Department and the local governing authority having jurisdiction for their review. Owners or operators proposing to site new facilities or expand existing facilities within a five (5) Mile radius of an airport runway that is used by turbojet or piston-type aircraft shall notify the Department and the local governing body having jurisdiction and the Federal Aviation Administration (FAA).
3.1.2 New landfills and expansions of existing landfills shall not be located in wetlands, unless the owner or operator can demonstrate that the proposed operation can meet the restrictions set forth in 40 CFR 258.12.
3.1.3 New landfills and expansions of existing landfills shall not be located within 200 feet (60 meters) of a fault that has had a displacement in holocene time unless the owner or operator demonstrates to the Department that an alternate setback distance of less than 200 feet (60 meters) will be effective or equally effective in the prevention of damage to the structural integrity of the facility and will be protective of human health and the environment.
3.1.4 New landfills and expansion of existing landfills shall not be located in seismic impact zones, unless the owner or operator demonstrates to the Department that all components, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. The owner or operator shall place the demonstration in the operating record of the facility and submit it to the Department and local governing body having jurisdiction.
3.1.5 Owners or operators of new landfills, existing landfills and expansions of existing landfills located in an unstable area must demonstrate that engineering measures have been incorporated into the facility's design to ensure that the integrity of the structural components of the facility will not be disrupted. The owner or operator shall place the demonstration in the operating record of the facility and submitted to the Department and the local governing body having jurisdiction. The owner or operator shall consider the following factors, at a minimum, when determining whether an area is unstable:
(A) On-site or local soil conditions that may result in significant differential settling;
(B) On-site or local geologic or geomorphologic features; and
(C) On-site or local human-made features or events (both surface and subsurface).
3.1.6 The topography of the site shall maximize protection against prevailing winds on-site and minimize the amount of precipitation catchment area upgradient of the site.
3.1.7 Landfills shall not be located in a floodplain as defined herein.
3.1.8 Landfills shall isolate wastes from the public and the environment. Sites and facilities shall demonstrate suitable isolation to the Department and governing body having jurisdiction by, at a minimum, addressing all Sections in 3.2 and CFR 258.40 in sufficient detail and clarity to justify to the Department and governing body having jurisdiction that wastes and any potential leachate will be controlled within the fill area. Emphasis will be placed on favorable geologic conditions over engineered improvements of marginal geological conditions.
3.1.9 Landfills shall not place wastes below or into surface water or ground water. The operation of sites and facilities that place waste into ground water after the effective date of these regulations is prohibited.
3.2 DESIGN REQUIREMENTS
All portions of the facility design and investigations must be reviewed and sealed by a Colorado professional engineer or reviewed by a professional geologist, as appropriate.
3.2.1
Geologic data The engineering design and operations report shall include, as a minimum, the following geologic data:
(A) Types and regional thickness of unconsolidated soils materials;
(B) Types and regional thickness of consolidated bedrock materials;
(C) Regional and local geologic structure, including bedrock strike and dip, and fracture patterns; and
(D) Geologic hazards, including but not limited to slope stability, faulting, folding, rockfall, landslides, subsidence or erosion potential, that may affect the design and operation of the facility for solid wastes disposal.
3.2.2
Hvdrologic data The engineering design and operations report shall include, as a minimum, the following hydrological data:
(A) Lakes, rivers, streams, springs, or bogs, on-site or within two miles of the site boundary;
(B) Depth to and thickness of perched zones and uppermost aquifers;
(C) Ground water wells within one mile of the site boundary, including well depth, depth to water, screened intervals, yields and the aquifers tapped;
(D) Hydrologic properties of the perched zones and uppermost aquifer, including flow directions, flow rates, porosity, coefficient of storage, permeability, and potentiometric surface;
(E) Site location in relation to the base floodplain of nearby drainages;
(F) An evaluation of the potential for impacts to existing surface water and ground water quality from the proposed facility for solid waste disposal; and
(G) The existing quality of ground water beneath the proposed facility.
3.2.3
Engineering data The engineering design and operations report shall contain, as a minimum, the following engineering data:
(1) The type, quantity and location of material that will be required for use as a daily and intermediate cover over the life of the site and facility;
(2) The type and quantity of material that will be required for use as liner material or final cover, including its compaction density and moisture content specifications, and the design permeability;
(3) Maps and plans, drawn to a convenient common scale, that show the following:
(a) The location and depth of cut for liners;
(b) The daily or intermediate cover, and final cover;
(c) The location and depths of proposed fill or processing areas;
(d) The location, dimensions, and grades of all surface water diversion structures;
(e) The location and dimensions of all surface water containment structures, including those designed to impound contaminated runoff leachate, sludge, or liquids for evaporative treatment;
(f) The spatial distribution of engineering, geologic and hydrologic data, and relationship to the proposed facility;
(g) The location of all proposed facility structures and access roads;
(h) The location of all proposed monitoring points for surface water and ground water quality and explosive gases;
(i) The final contours and grades of the fill surface after closure;
(j) The location of fencing to be placed on-site;
(k) The location of each discrete phase of development; and
(I) The design details of the final cap, liner and leachate collection system.
3.2.4 Construction details for all proposed monitoring points for surface water and ground water quality and explosive gases.
3.2.5
Liner/design components
(A) Demonstration shall be made, to the Department and the local governing body having jurisdiction, that the design developed for the facility will comply with Section 2.1.15 at the relevant point of compliance. The owner/operator shall consider at least the following factors:
(1) Barrier layer permeability;
(2) Barrier layer thickness;
(3) Barrier layer porosity;
(4) Slope of the barrier layer;
(5) Hydraulic head on the barrier layer;
(6) Distance to relevant point of compliance;
(7) Distance and characteristics, including quality, of the uppermost aquifer or monitored unit;
(8) Climatic factors;
(9) The estimated volume, physical characteristics and chemical characteristics of the leachate, and
(10) The chemical compatibility of the barrier layer to estimated leachate chemical characteristics;
(11) The distance ground water beneath the site would flow during the facility's operating life and post-closure care period. Distance to domestic wells or springs shown to tap the uppermost aquifer downgradient of the site shall be presented.
(B) The design shall consist of two components: the barrier layer and the leachate collection/removal system. When approving a design that complies with this section, the Department shall consider the ability of the design to comply with Subsection 2.1.15 at the relevant point of compliance taking into consideration site characteristics and site operations.
(C) Barrier layer: the barrier layer shall be an engineered improvement that meets the performance standard of 40 CFR Part 258.40(a)(1) and shall be one of the following:
(1) Natural lithology with recompaction natural lithology with recompaction can be used as a barrier layer when:
(a) A minimum thickness of 20 feet of soils and/or bedrock with in-situ hydraulic conductivity demonstrated through field testing to be less than or equal to 1.0 * 10-6 cm/sec, are present at the base of an excavation of a sanitary landfill; and
(b) The upper 12-inches is recompacted to achieve a hydraulic conductivity of less than or equal to 1 * 10-7 cm/sec.
(2) Soil liner: a soil liner shall consist of at least 3-foot of compacted soil with an adequate moisture content and with a hydraulic conductivity less than or equal to 1 * 107 cm/sec.
(3) Composite liner: a composite liner shall consist of two components: The upper component shall consist of a minimum 30-mil flexible membrane line (FML), and the lower component shall consist of at least a two-foot layer of compacted soil with a hydraulic conductivity less than or equal to 1 * 10-7 cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60-mil thick. The FML component shall be installed in direct and uniform contact with the compacted soil component.
(4) Alternative designs: alternatives to the above designs may be approved by the Department based on waste type and site specific technical information. Proposals for alternative designs shall demonstrate that the facility can comply with Subsection 2.1.15 at the relevant point of compliance and for MSWLF with 40 CFR Part 258.40(a)(1). A alternative designs include, but are not limited to the following:
(1) Geosynthetic clay liners;
(2) Natural lithology without recompaction;
(3) Soil admixtures;
(4) Geomembranes;
(5) Polymers, and
(6) Variations of design components described in this Section 3.2.5.
(D) Leachate collection and leachate removal system
(1) A leachate collection system shall be designed and constructed to maintain less than a twelve (12) inch depth of leachate over the barrier layer, and to promote transport of leachate from the most distant point of the leachate collection system to the leachate removal system in less than twelve (12) months (assuming a saturated drainage media). Factors to be considered in the design of a leachate collection system include, but are not limited to, the following:
(a) Waste type;
(b) Anticipated leachate generation rate;
(c) Slope length;
(d) Percent slope;
(e) Barrier layer;
(f) Hydraulic conductivity of the drainage layer, and
(g) Long term performance during the active life and post-closure care period.
(2) A leachate removal system shall be designed, constructed and operated to:
(I) Allow the leachate collection system to perform as designed; and
(II) Account for potential increased hydraulic head in the removal system.
3.2.6 Surface water control systems shall be designed, constructed and maintained to:
(a) Restrict flow onto the active portion of the landfill during peak discharge from a 25-year, 24-hour storm; and
(b) Control the water volume resulting from a 25-year, 24-hour storm from the active portion of the landfill. (See also Section 2.5.7).
3.2.7 Prior to the acceptance of waste, the owner or operator must submit a report to the Department and the local governing body having jurisdiction documenting that the designed construction has been completed in accordance with the approved plan. The report shall be signed by a Colorado registered professional engineer, approved by the Department and placed in the operating record.
3.3 OPERATING CRITERIA
3.3.1
General data The engineering design and operations report shall include, as a minimum, the following general data:
(A) Mailing address, county and legal description of the landfill for solid wastes disposal, township, section, quarter section and range;
(B) Area site, in acres;
(C) Type of landfill for solid waste disposal proposed for the site; and
(D) Discussion of landfills service area, including transportation corridors and surrounding access.
3.3.2
Operational data The engineering design and operations report shall include, as a minimum, the following operational data:
(A) The qualifications, names, and addresses of the persons operating the landfill and having the authority to take corrective action in the event of noncompliance;
(B) The hours of the day and days of the week that the landfill will be operating;
(C) The types and daily volumes in yards per day and/or gallons per month of wastes to be received; expected life of site. If sludge is to be received, its quality should be determined in accordance with Department technical guidelines. A listing of the waste stream types to be approved for routine receipt;
(D) The number, classification, and job descriptions of personnel projected to be employed at the landfill when operating at full capacity;
(E) Number, description, and uses of all equipment projected to be employed at the landfill when operating at full capacity;
(F) The size and types of disposal cells or processing areas to be constructed;
(G) The frequency of the application of adequate cover;
(H) The types and heights of fencing to be placed on-site;
(I) Provisions to minimize nuisance conditions on-site;
(J) Provisions for fire protection to eliminate open burning on-site, and to prevent the spread of open burning to adjoining property;
(K) Provisions for the retrieval of windblown solid wastes, on or off-site;
(L) Conceptual plans to be implemented if the contamination of surface waters or ground waters occur, or if nuisance conditions are confirmed beyond the site boundary; and
(M) The amounts and sources of water to be used on site for the control of nuisance conditions, fire protection, construction purposes and personnel use.
3.3.3 Quality assurance and quality control reports shall be developed and implemented for all engineered structures at the landfill.
3.3.4
Cover material requirements
(A) The owners or operators of all landfills must cover disposed solid waste with six (6) inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.
(B) Alternative materials of an alternative thickness (other than at least six (6) inches of earthen material) may be approved by the Department and the governing body having jurisdiction, if the owner or operator demonstrates that the alternative material and thickness control nuisance conditions and scavenging without presenting a threat to human health and the environment.
(C) The Department and the governing body having jurisdiction may grant a temporary waiver from the requirement of daily and intermediate cover requirements, if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical. Alternate approaches to daily cover as described above will be considered on a case-by-case basis for non-MSWLF's.
3.3.5 Sufficient amounts of adequate cover shall be readily available for use throughout the site's life and for closure to minimize nuisance conditions as necessary.
3.3.6 Adequate amounts of water shall be available for construction purposes and to minimize nuisance conditions, as necessary.
3.3.7 Leachate and landfill gas condensate may be recirculated over the landfill with specific approval by the Department and the local governing authority.
3.3.8
Training
(A) Owners and operators of all solid waste landfills shall develop and implement a training program at the facility that ensures facility personnel are thoroughly trained in facility operations relevant to each person's job duties at the facility.
(1) For purposes of this Section 3.3.8, "facility personnel" means all personnel who work at a solid waste landfill and whose duties include implementing Section 3 of the Regulations and the requirements of the Engineering Design and Operations Plan for the landfill, and whose actions or failure to act may result in noncompliance with these requirements. Facility personnel includes: landfill managers, supervisors, operators and facility personnel that collect groundwater samples or methane gas samples, conduct facility inspections, check leachate levels, and/or review waste profiles or waste acceptance documentation.
(B) The training program must include a written training plan that identifies the introductory and continuing annual training each employee at the landfill will receive related to the management of solid waste that ensures compliance with the solid waste regulations and the facility's Engineering Design and Operations Plan (EDOP). At a minimum, the training plan must include:
(1) A description of personnel training that ensures that hazardous waste, polychlorinated biphenyls, and other prohibited wastes, as specified in the facility's EDOP, are identified and restricted from disposal at the facility; and
(2) A description of personnel training that ensures that facility personnel are thoroughly familiar with applicable portions of the facility's EDOP such that compliance with all aspects of the EDOP is ensured.
(C) The following training records must be maintained at the facility:
(1) The name, job title and job duties for each employee at the landfill related to the management of solid waste;
(2) Written documentation that records the type, date, and amount of initial and annual training provided to each facility employee consistent with the training plan, and
(3) Documentation that facility personnel have received training within six (6) months of being initially employed at the facility or being transferred to a position involving the management of solid waste.
(4) Training records must be made available for review during an inspection for all current facility personnel and maintained on-site for three years.
3.3.9
TENORM Requirements for Landfills
Prior to disposing of TENORM above the exempt limits in 6 CCR 1007-1, Part 20, landfills shall be registered and are subject to the following requirements and limitations, unless they are in compliance with alternative non-exempt TENORM management and disposal requirements approved by the Department under 6 CCR 1007-1, Part 20.9 and incorporated into the facility EDOP:
A. Must comply with 6 CCR 1007-1, Part 20.
B. Must have an approved Waste Characterization Plan (either stand alone or as an appendix to the facility's Engineering Design and Operation Plan) that allows acceptance of TENORM waste at concentrations, excluding natural background, up to 50 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210 and Polonium-210. The Waste Characterization Plan must have waste acceptance procedures specific to TENORM wastes.
C. Must have an engineered liner or barrier layer with hydraulic conductivity less than or equal to 1x107 cm/sec in accordance with Section 3.2.5 (C)(2) or (3) of this Section, or in accordance with Section 3.2.5(C)(4) of this Section subject to site-specific Division approval.
D. Must have a leachate collection system that meets the requirements Section 3.2.5(d) of this Section.
E. Must have a groundwater monitoring system in compliance with Sections 2.1.15 and 2.2 of these regulations.
F. Must have a minimum of 4 meters of materials not subject to 6 CCR 1007-1, Part 20, in addition to the engineered liner or barrier layer, between the lowest placement of Non-Exempt TENORM and groundwater.
G. Must place 6 inches of cover materials not subject to 6 CCR 1007-1, Part 20 on all TENORM at the end of each operating day.
H. Must have a minimum of 3 meters of materials not subject to 6 CCR 1007-1, Part 20 requirements above the non-exempt TENORM prior to closure of any area. This may include the final cover system.
I. Must sample and characterize leachate for each TENORM isotope received by the facility.
1. If concentrations of TENORM isotopes are detected in the leachate in excess of the groundwater standards these isotopes must be included in the groundwater monitoring plan.
2. Leachate containing concentrations of TENORM isotopes less than 100 pCi/L may be applied to the working face of the landfill.
3. TENORM registrants per 6 CCR 1007-1, Part 20 shall not perform any other method of recirculation or application of leachate containing concentrations of TENORM isotopes in excess of groundwater standards within the facility without prior written approval from the Department.
J. Must place any drill cuttings from methane gas collection system installation within the facility on the working face and treated as TENORM waste.
K. For sites where solidification activities are approved within the Engineering Design and Operations Plan, must place the Non-exempt TENORM materials received by the facility for solidification within the solidification basins and must commence the solidification process within 24 hours of receipt.
L. Following closure of the landfill, must place an environmental covenant or restrictive notice on the facility property in accordance with C.R.S §
25-15-320 and shall include a specific provision which requires that any future buildings, residential or commercial, constructed on the permitted site post closure, require radon resistant construction, post construction assessment and testing, and radon mitigation sufficient to meet any federal, local, or Colorado standards on indoor radon concentrations. Alternatively, the environmental covenant may prohibit construction of any buildings on the site. Note: Irrespective of TENORM considerations, solid waste landfills will trigger an institutional control requirement at closure.
3.4 RECORDKEEPING
An operating record shall be maintained and include, as a minimum, the following:
(A) Incoming waste volumes,
(B) Water quality monitoring results,
(C) Explosive gas monitoring results,
(D) Construction as-built details, and
(E) Variations from approved operations procedures.
(F) Any demonstration and waiver documentation required in these regulations.
3.4.1 Following closure of landfills, the owner or operator shall:
(A) Record a notation on the deed to the facility property, or some other instrument that is normally examined during title search; and
(B) Notify the Department and the local governing body having jurisdiction that notation has been recorded and a copy has been placed in the operating record.
The notation on the deed must in perpetuity notify any potential purchaser of the property that:
(1) The land has been used as a landfill facility; and
(2) Its use is restricted under Section 3.6.1 (7)
The Department after consultation with the local governing body having jurisdiction may grant permission to remove the notation from the deed if all wastes are removed from the facility.
3.5 CLOSURE
The owner or operator of a solid waste site and facility shall develop a closure plan which meets the following minimum criteria.
3.5.1
(A) The closure plan shall be prepared and submitted to the Department for approval. The closure plan shall describe the steps necessary to close the landfill at any point during its active life. The closure plan, at a minimum, shall include the following information:
(1) A description of the final cover system, designed in accordance with Section 3.5.2 and 3.5.3, And the methods and procedures to be used to install the cover;
(2) An estimate of the largest area of the landfill ever requiring a final cover during the active life; and
(3) A schedule for completing all activities necessary to satisfy the closure criteria of this section.
(B) Discrete units of a landfill may be closed independently of closure of the entire facility.
3.5.2 The final grades shall promote surface water run-off and minimize erosion, and shall have slopes no less than 5% (20:1) and no greater than 25% (4:1). Variations from these standards may be acceptable if demonstrations of the adequacy of proposed variance are made to the Department by the owner or operator.
3.5.3 The final cover permeability shall not exceed that of the liner; and the final cover design shall be comprised of one (1) of the following types:
(A) A soil final cover design shall consist of the following:
(1) An infiltration layer consisting of a minimum of 18 inches of earthen material that has a permeability of less than or equal to the permeability of any bottom liner system or natural subsoils present, or a permeability no greater than 1 x 105 cm/sec, whichever is less, and
(2) An erosion layer of earthen material a minimum of 6 inches in thickness that is capable of sustaining native plant growth.
(B) A composite final cover design shall consist of the following components:
(1) foundation layer to be comprised of a minimum six (6) inch soil layer, located immediately above the refuse, to provide a suitable foundation for placement of the geomembrane.
(2) The barrier layer shall consist of a geomembrane which has a minimum 30-mil thickness and displays properties adequate for its intended purpose.
Factors to be considered in determining barrier adequacy shall include, but are not limited to the following:
(1) The effects of landfill settlement,
(2) Permeability,
(3) Seam strength,
(4) Friction properties, and
(5) Puncture resistance.
(6) Rooting layer comprised of a soil capable of supporting a root system and of sufficient thickness to protect the barrier layer and a seed bed layer of soil capable of supporting plant germination. The minimum thickness of the former layer shall be eighteen inches and the latter layer shall be six inches.
(C) Alternatives to the above designs may be approved by the Department based on waste type and site specific technical information. Proposals for alternative designs shall demonstrate that the final cover system will minimize infiltration and erosion, and comply with Subsection 2.1.15 at the relevant point of compliance. Alternative designs include, but are not limited to the following:
(1) Geocomposite materials,
(2) Soil admixtures,
(3) Polymers and
(4) Variations of design components described in this Section 3.5.3.
3.5.4 The final cover shall be designed so that landfill gases will not adversely affect cover performance as described in this Section 3.5.
3.5.5 Upon approval, and prior to beginning closure of each landfill phase, an owner or operator must notify the Department and place notice of the intent to close the phase in the operating record.
3.5.6 The owner or operator must commence closure activities of each landfill phase no later than 30 days after final refuse grades are reached. Extensions beyond the 30-day deadline for beginning closure may be granted by the Department if the owner or operator demonstrates that all steps necessary to prevent threats to human health and the environment from the active landfill phase will be taken.
3.5.7 The owner or operator must complete closure activities of each landfill phase, in accordance with the closure plan, within one hundred eighty (180) days following the beginning of closure as specified in this section. Extensions of the closure period may be granted by the Department if the owner or operator demonstrates that closure will of necessity, take longer than one hundred eighty (180) days and the owner/operator has taken and will continue to take all steps to prevent threats to human health and the environment.
3.5.8 Following closure of each landfill phase, the owner or operator must submit a report to the Department documenting that closure has been completed in accordance with the approved closure plan. The report, which must be signed by a Colorado registered professional engineer, shall be approved by the Department and placed in the operating record.
3.6 POST-CLOSURE CARE AND MAINTENANCE
3.6.1
(A) Following closure of each landfill or landfill phase, the owner or operator must conduct post-closure care which shall consist of at least the following:
(1) Provisions to prevent nuisance conditions;
(2) Maintaining the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover;
(3) Monitoring the ground water in accordance with the requirements of Subsection 2.2 And maintaining the ground water monitoring system, if applicable;
(4) Maintaining and operating the leachate collection system in accordance with the requirements in Section 3.2.5 (C). The Department may allow the owner or operator to stop managing leachate if the owner or operator demonstrates that leachate no longer poses a threat to human health and the environment;
(5) Maintaining and operating the gas monitoring system in accordance with the requirements Subsection 2.3.
(6) Name, address, and telephone number of the person or office to contact about the facility during the post-closure period; and
(7) A description of the planned uses of the property during the post-closure period. Post-closure use of the property shall not disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the monitoring systems unless necessary to comply with the requirements in the Department's regulations. The Department may approve any other disturbance if the owner or operator demonstrates that disturbance of the final cover, liner or other component of the containment system, including any removal of waste, will not increase the potential threat to human health or the environment.
(B) Discrete landfill units that can be monitored and maintained separately may be allowed to begin and end the post-closure period independent of closure of the entire facility.
3.6.2 Following completion of the post-closure care period the owner or operator must notify the Department that a certification signed by an independent Colorado registered professional engineer or approved by the Department and the local governing body having jurisdiction, verifying that post-closure care has been completed in accordance with the post-closure plan, has been placed in the operating record.
3.6.3 Post-closure care must be conducted for a minimum of thirty (30) years.
The length of the post-closure care period may be:
(A) Decreased by the Department after consultation with the local governing body having jurisdiction if the owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment; or
(B) Increased by the Department after consultation with the local governing body having jurisdiction if it is determined that the lengthened period is necessary to protect human health and the environment.
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