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'/~I Y~ 1 IJ f. II((~~' ~I ~, ,1 {,~ X11',' (.\~~ aUG 3 ( iyy2 Memorandum of Understand9n Solid Waste Issues at Mining SMCi~1;DC~t~~r.,:„~Lr,glS ANn WASt [ A!AN,;GCMCN7 This memorandum of understanding is written by the Colorado De~ pactment of Health and the Mined Land Reclamation Division to clarify selected solid waste issues at mining sites. 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 MOU 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, oomply with the substantive standards of the SWD['A 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...(S)uch solid wastes disposal site and Facility shall be an approved site Eor which obtaining a certificate of designation under the provisions of seckion 30-20-105 shall be unnecessary." § 30-20-102(4), C.R.S. (1986). 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 slte and facility and shall not require a certificate of designation a6 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(s); except that such regulations shall not 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." § 30-20-102(5), C.R.S. (1992 legis- lative revisions). 1. Imparted Waste. Except as noted balaw in item (3), any facil- ity which imports waste from off-site requires a Certificate of Designation under the Solid Waste Disposal Facilities Act. For example, if a gravel pit which has a Mined Land permit wlahes to puC fly ash Erom oFF-site into the pit, the facility must F1rst obtain a Certificate of Designation under the SWDFA.