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~.. <br />~~G ~ ~~~ <br />;~~ MEMORANDUM OF UNDERSTANDING ,,~~'y<c9~ `/J'~'~~ r, . <br />BETWEEN THE <<S ,v.~ 9y <br />THE COLORADO DEPARTMENT OF HEALTH 't,, ~: ~ <br />AND ~F:~,,_ <br />THE DIVISION OF MINERALS "= i <br />CONCERNING SOLID WASTE ISSUES <br />This memorandum of understanding is written by the Colorado Department of Health, <br />Hazardous Materials and Waste Management Division and the Division of INinerals and <br />Geology (DMG) to clarify selected solid waste issues at mine sites. This rciemorandum <br />is intended as policy guidance, and does not create any legal rights, set any legal <br />standards, or function in any form as "law". <br />The MOU reflects the following requirements of the Solid Waste Disposal Facilities Act <br />(SWDFA) and the Mined Land Reclamation Act (MLRA): <br />a. Persons who dispose of their own waste on their own property do not need <br />a Certificate of Designation (CD). Such persons must, however, comply with the <br />substantive standards of the SWDFA and its regulations. Section 30-20-iC2 (3), C.R.S. <br />(1986). <br />b. "(A)ny person who is engaged in mining operations pursuant to ~i permit <br />issued by the Mined Land Reclamation Board or Division which contains an approved <br />plan of reclamation may dispose of solid waste generated by such operations within <br />the permitted area for such operations...(S)uch waste disposal site and facility shall be <br />an approved site far which obtaining a Certificate of Designation under the provisions <br />of section 30-20-105 shall be unnecessary." Section 30-20-102(4), C.R.S. ;1986). <br />c. "Any site and facility operated for the purpose of processing, reclaiming, or <br />recycling recyclable wastes shall not be considered a solid waste disposal site and <br />facility and shall not require a Certificate of Designation as a solid waste disposal site <br />and facility." Section 30-20-102(5), C.R.S. (1992 supp.). <br />1. IMPORTED WASTE. Except as noted below in item (3), any facility whit:h imports <br />waste from off-site requires a CD under the SWDFA. For example, if a gravel pit which <br />has a h".:ned Land Reclamation Board permit wishes to put fly ash from off-site into the <br />pit, the facility must first obtain a CD under the SWDFA prior to placement of fly ash as <br />amine site. The DMG ma~.• condition a new permit or modification to an existing <br />permit that requires an operator obtain an appropriate CD prior to placement of off-site <br />wastes at the mine site (Except as noted in item (3), below). <br />2. CUSTOM MILLS. A mill is not a custom mill if the mill site and sources of material <br />for processing in the mill are under fv1LR8 permit(s). Such MLRB permits Tust be <br />held by the same person(s), company, or partnership. Custom mills require a CD <br />under the SWDFA, and do not need a Mined Land Reclamation Board permit. Even if <br />