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- Unique to these examples is the interplay both by consultants, Operators, and
<br />the Office of the term waste. Whether explicitly referred to or implied, that
<br />unutilized commercially viable product, sand, would be treated as `waste.' None
<br />of the terminology or actions by the Operators, consultants, or the office appeared
<br />to concern itself with the possibility that what was being wasted was product,
<br />while failing to fully consider the long term suitability, stability, and safety of the
<br />reclaimed land itself.
<br />Notice some of the normal def rdtions of waste as determined from
<br />Dictionary.com:
<br />Waste:
<br />1. To consume, spend, or employ uselessly or without adequate return; use to
<br />no avail or profit; squander; `to waste money; to waste words.'
<br />2. To fail or neglect to use.
<br />3. To destroy, devastate, or ruin.
<br />4. To be consumed, spent, or employed uselessly or without giving full value
<br />or being fully utilized or appreciated.
<br />5. Useless consumption or expenditure; use without adequate return; and act
<br />or instance of wasting.
<br />6. Anything unused, unproductive, or not properly utilized.
<br />We do not believe it is lawful to sell waste. None of the materials we extract,
<br />process, sell, or utilize on our properties fit the definition of waste, either above,
<br />or under Colorado law:
<br />"Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water
<br />supply treatment plant, air pollution control facility, or other discarded material;
<br />including solid, liquid, semisolid, or contained gaseous material resulting from industrial
<br />operations, commercial operations or community activities. "Solid waste" does not
<br />include any solid or dissolved materials in domestic sewage, or agricultural wastes, or
<br />solid or dissolved materials in irrigation return flows, or industrial discharges which are
<br />point sources subject to permits under the provisions of the "Colorado Water Quality
<br />Control Act ", Title 25, Article 8, CRS or materials handled at facilities licensed pursuant
<br />to the provisions on "Radiation Control Act" in Title 25, Article 11, CRS. "Solid waste"
<br />does not include: (a) Materials handled at facilities licensed pursuant to the provisions on
<br />radiation control in Article 1 t of Title 25, C.R.S.; or (b) Excluded scrap metal that is
<br />being recycled; or(c) Shredded circuit boards that are being recycled.
<br />"Inert material" means non -water soluble and non- putrescible solids together with such
<br />minor amounts and types of other materials as will not significantly affect the inert nature
<br />of such solids. The term includes, but is not limited to, earth, sand, gravel rock, concrete
<br />which has been in a hardened state for at least sixty days, masonry, asphalt paving
<br />fragments, and other inert solids.
<br />What becomes clear by examining the various meanings and legal parameters of
<br />the term waste is the product stockpile is not a waste material (noun), but the
<br />Varra Companies, Inc. correspondence of 30 March 2015 to the Colorado Office of Mined Land Reclamation in 12
<br />reply to the OMLR Inspection Report of 28 August 2014 — Kurtz Project — M -1999 -006
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