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R III ~IIIIIIIIIIIIIII STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Dedicated to protecting and improvrn~ the health and environment o(the people oI Colorado 4300 Cherry Creek Dr. S Laboratory building Denver, Colorado 00222-15JU •1210 L 1 tlh Avcnuc Phone 007) 692 ?000 Dcmmr, Colorado A0220 371 G UO}7 G'I I -d 700 February 1, 1994 Forrest V. Luke Trapper Mining, Inc. P.O. Box 187 Craig, CO 81626 Re: Trapper Mine/Solid Waste Regulations SW MOF TRA #lA Dear Mr. Luke: ~ ' . ^ . 1-. OF ~~[p ~'o imp .tic ~ O .. r876 Fuy Ruiner Governor PaVicia A. Nolan, MD, MPH Cxcanive Director I am responding to your inquiry dated January 20, 1994 concerning various questions of interpretation of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (fi CCR 1007-2, Part 1). In preparing this reply, [reviewed your referenced correspondence of February 11, 1993. In the second paragraph of the 1993 letter Mr. Henderson makes the statement that "...Neither of these activities is regulated as a solid waste under 6 CCR 1007- 2..." The reference in the 1993 letter was to "...mine-generated wastes..." and to "...fly ash, bottom ash and scrubber sludge generated by the..." power plant. ~s it is written, the interpretation is on]y partly correct. The mine-generated wastes are not covered under 6 CCR 1007-2. However, the ash and sludge are solid wastes that are covered by 6 CCR 1007- 2 and CRS 30-20-100.5 et sea; specifically 30-20-101(6). I apologize for not correcting this at the time of the original letter. This Division has a memorandum of understanding with the Division of Minerals and Geology that, in part, addresses situations where a mining operation is disposing of solid waste material that is not mine-generated wastes. Since your facility has a Certificate of Designation from 1981, the facility is in conformance with the joint interpretation of the two Divisions concerning non-mine-generated wastes. In your January 20, 1994 letter, paragraph #3, you make certain statements concerning Section 2.0 of 6 CCR 1007-2 as it may apply to your facility. Section 2.0 is designed to apply to all solid waste disposal sites and facilities, as may be applicable to a specific site. Likewise, Section 3.0 is intended to apply to all landfills, as may be applicable to the site and waste stream; please refer sections 1.3.11 and 3.02. In revie\ving your facility's tile, 1 concur that the facility is in compliance with the solid waste regulations. The last comment in your January 211, 1994 letter concerns the 515 million reclamation performance bond with the Division of Minerals and Geology and how that may relate to