GENERAL53546

• Permit No: M1983141
• IBM Index Class Name: General Documents
• Doc Date: 9/9/1994
• Doc Name: FAX COVER
• From: DMG
• To: RALPH BENTON
• Media Type: D
• Archive: No

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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
THE COLORADO DEPARTMENT OF HEALTH
AND
THE DIVISION OF MINERALS
CONCERNING SOLID WASTE ISSUES
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This memorandum of understanding is written by the Colorado Department of Health,
Hazardous Materials and Waste Management Division and the Division of Minerals and
Geology (DMG) to clarify selected solid waste issues at mine sites. This memorandum
is intended as policy guidance, and does not create any legal rights, set any legal
standards, or function in any form as "law".
The MOU reflects the following requirements of the Solid Waste Disposal Facilities Act
(SWDFA) and the Mined Land Reclamation Act (MLRA):
a. Persons who dispose of their own waste on their own property do not need
a Certitcate of Designation (CD). Such persons must, however, comply with the
substantive standards of the SWDFA and its regulations. Section 30-20-102 (3), C.R.S.
(1986).
b. °(A)ny person who is engaged in mining operations pursuant to a permit
issued by the Mined Land Reclamation Board or Division which contains an approved
plan of reclamation may dispose of solid waste generated by such operations within
the permitted area for such operations...(S)uch waste disposal site and facility shall be
an approved site for which obtaining a Certificate of Designation under the provisions
of section 30-20-105 shall be unnecessary.' Section 30-20-102{4), C.R.S. (1986).
c. "Any site and facility operated for the purpose of processing, reclaiming, or
recycling recyclable wastes shall not be considered a solid waste disposal site and
facility and shall not require a Certificate of Designation as a solid waste disposal site
and facility." Section 30-20-102(5), C.R.S. (1992 supp.).
1. IMPORTED WASTE. Except as noted below in item (3), any facility which imports
waste from off-site requires a CD under the SWDFA. For example, 'rf a gravel pit which
has a Mined Land Reclamation. Board permit wishes to put fly ash from off-site into the
pit, the facility must first obtain a CD under the SWDFA prior to placement of fly ash as
amine site. The DMG may condition a new permit or modification o an existing
permit that requires an operator obtain an appropriate CD prior to placement of off-site
wastes at the mine site (Except as noted in item (3}, below).
2. CUSTOM MILLS. A mill is not a custom mill if the mi11 site and sources of material
for processing in the mill are under MLRB permit(s). Such MLRB permits must be
held by the same person(s), company, or partnership. Custom mills require a CD
under the SWDFA, and do not need a Mined Land Reclamation Board permit. Even if