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2009-04-20_GENERAL DOCUMENTS - M2009076 (6)
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2009-04-20_GENERAL DOCUMENTS - M2009076 (6)
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Last modified
8/24/2016 3:45:43 PM
Creation date
12/10/2010 1:36:51 PM
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Template:
DRMS Permit Index
Permit No
M2009076
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
4/20/2009
Doc Name
Declaratory Order Presentation- Part 1
From
Venture Resources
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DRMS
Permit Index Doc Type
Gen. Correspondence
Media Type
D
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No
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I. <br />his/her own property (and is not a governmental unit), they do not have to obtain a <br />certificate of designation, as long as the operation complies with the regulatory <br />• requirements. The person would not have to obtain a certificate of designation if they <br />comply with solid waste rules and regulations and do not let their property become a <br />nuisance. Some people interpret the exemption to mean that if you do not dispose of any <br />waste other than their own, they are not required to follow the Solid Waste rules and <br />regulations. That is not a correct interpretation. <br />What this exemption means is that so long as you take care of your property, and your <br />disposal practices are to ensure that your property is meeting the minimum standards of <br />the regulations, you do not need a certificate of designation. The minimum standards of <br />the regulations require such things as: taking reasonable measures to collect, contain and <br />dispose of litter; ensuring that noise, dust, and odors do not pose a health hazard; <br />managing the site so that birds, insects, rodents, and other vectors do not pose a health <br />hazard; and providing adequate cover so water does not pond on the site, and that wind <br />erosion and/or water pollution does not become a problem. The minimum standards also <br />contain a requirement that a facility or property shall submit a design and operations <br />report to the Department for review and approval prior to disposing waste. In addition, <br />once an owner sells his or her property, or ceases on-site disposal activities, the owner is <br />required to leave the site in an orderly manner and with a good aesthetic appearance. The <br />property owner will also have to inform prospective purchasers of the site, that solid <br />waste had been disposed of on the property. Failure to follow these requirements is a <br />violation of the Colorado law subject to enforcement. <br />• Requirements: <br />Any person wishing to dispose of their waste on their own property must: <br />1. Inform the local government (county or municipality) having jurisdiction since they <br />may have an ordinance that either limits the disposal of materials on private property <br />or forbid it to occur. This is to be done in writing. <br />2. Once the local government has approved the concept of the disposal the landowner <br />should submit to this Department and the local government the following: proof of <br />ownership, a description of the location and an address of the property, a description <br />of the material proposed to be disposed, photographs of the area in question, <br />information on the soil type and ground water level, distances to water courses and <br />wells, distances to the property lines, and distances to the nearest residences both on <br />and off the property. The owner is not to proceed with his plans until he obtains a <br />positive response from both the Department and the local governing authority. <br />• Solid Waste Guidance <br />One's Own Waste <br />February 25, 2003
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