2009-04-20_GENERAL DOCUMENTS - M2009076 ‎(6)‎

• Permit No: M2009076
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 4/20/2009
• Doc Name: Declaratory Order Presentation- Part 1
• From: Venture Resources
• To: DRMS
• Permit Index Doc Type: Gen. Correspondence
• Media Type: D
• Archive: No

10
STATE OF COLORADO
•
•
Bill Owens, Governor
Douglas H. Benevento, Acting Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division
Denver, Colorado 80246-1530 8100 Lowry Blvd.
Phone [phone] Denver, Colorado 80230-6928
TDD Line [phone] [phone]
Located in Glendale, Colorado
http://www.cdphe.state.co. us
SOLID WASTE GUIDANCE DOCUMENT
Title: Concerning One's Own Waste On One's Own Property
Date: February 25, 2003
Purpose: To clarify the statutory exemption for a Certificate of Designation for solid waste
disposal of one's own waste on one's'own property and to establish consistent
interpretation of this section of the solid waste statute.
Proposed Distribution: Any interested party, by request, and the Division Homepage.
Statement of Fact: The Division has recognized the need to establish an improved level of
consistency in the interpretation and application of the statutory exemption
to a Certificate of Designation (CD) for solid waste disposal on one's own
property. The Division seeds to promote consistency by summarizing the
requirements and expectations of a landowner and the Division.
Background and Discussion:
oF. cO?o
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t t
*1 67*
Colorado Department
of Public Health
and Environment
The Colorado solid waste statute does allow for the disposal of a person's own waste on
his own property without a Certificate of Designation for that disposal under law. This
exemption is found in section 30-20-102(3), C.R.S. It says:
"Notwithstanding the provisions of subsections (1) and (2) of this section, any person other than a
governmental unit may dispose of his own solid waste on his own property, as long as such solid
wastes disposal site and facility complies with the rules and regulations of the state board of
health and does not constitute a public nuisance. For the purposes of this part 1, such solid 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. This subsection (3) shall not
preclude any person from applying for a certificate of designation for the disposal of his own solid
wastes on his own property." [Emphasis added]
While the phrase "one's own waste" is used, it is often misused or misunderstood.
According to the Colorado Solid Waste Act, each solid waste facility is required to get a
Certificate of Designation before operating. However, according to section 30-20-
102(3), Colorado Revised Statutes, if a person [or entity] disposes of his/her waste on
Solid Waste Guidance
One's Own Waste
February 25, 2003