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g'•.+;;~d FF.'EIFI~.H, ~. F+;GE O5 83118?1993 15:1':: 9=8;74 Memorandum of Under9tand Solid Waste ISSUeS at Mlning aUG 3 t ]yy2 ~ _ SM8&~32p1'~US ic;i:; fRIAIS AND WA$T[; MANAGEMENT This memorandum of understanding is written by the Colorado 0®- partment of Health and the Mined Land Reclamation Division to clarify selected solid waste issues at mining bites. The memo- randum is intended only as an outline of policy guidance, and does not create any legal rights, set any legal standards, or function in any Eorm as "law." The MOO reflects the following requirements of the Solid Waste Disposal Facilities Act: a. Persons who dispose of their own waste on their own prop- erty do not need a CD. Such persons must, however, comply with the substantive standards of the SWDCA and its regula- tions. § 30-20-102{3}, C.A,$, (1986). b. "(A]ny person who is engaged in mining operations pur- suant to a permit issued by the mined land reclamation board or division which contains an approved plan of reclamation may dispose of solid wastes generated by such operations within the permitted area for such operationa...(5]uch solid wastes disposal site and Facility shall be an approved site for which obtaining a certificate of designation under the provisions of section 30-2o-105 shall be unnecessary." § 30-20'102(4), C.R.S. f1986). c. "Any site and facility operated for the purpose of proc- essing, reclaiming, or recycling recyclable wastes shall not be considered a solid wastes disposal site and facility and shall not require a certificate of designation as a solid wastes disposal site and facility. The Department shall promulgate regulations to define what materials shall be deemed to be recyclable materials for purposes of this sub- section(5); except that such regulations shall net define the term recyclable materials to include materials that are likely to contaminate ground water or create off-site odors as a result of processing, reclaiming, recycling, or storage prior to recycling." § 30-20-1a2(5), C.R.S. (1992 legis- lative revisions). 1. Imported Waste. Except as noted below in item (3), any facil- ity which imports waste from oEE-site requires a Certificate of Designation under the Solid Waste Disposal Facilities Act. For example, if a gravel pit which has a Mined T,and permit wishes to puC fly ash from off-site into the pit, the facility must first obtain a Certificate of Designation under the $WDFA.