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Colorado Department of Public Health and Environment The siting, permitting and regulation of solid waste disposal sites is an area of dual jurisdiction between the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the Division) and local governing authorities. Persons proposing a facility in unincorporated portions of any county must apply to the commissioners of the county in which the site is to be located. If the facility is proposed to be within the corporate boundaries of a municipality, they must apply to the governing body of the municipality. Each party has assigned roles and responsibilities. (6 CCR 1007 -2 Section 1.3.1) What is a certificate of designation (CD)? A certificate of designation is a document issued by the local governing body authorizing the use of land for a solid waste disposal site or facility. The CD is issued if it has been determined that the technical standards set out in regulation are met and after local issues are considered and satisfied. Who must obtain a CD? Anyone operating a facility for solid waste disposal where processing, treatment, or final disposal of solid waste is performed must obtain a certificate of designation (6 CCR 1007 -2 Section 1.3.3). Examples of such facilities include municipal solid waste landfills, certain private solid waste landfills, composting facilities, and solid waste incinerators. Exceptions to the requirement to obtain a CD include: • those sites at which any person, other than a governmental unit, disposes of one's own waste on one's own property, as long as the Division has determined that the site complies with state regulations and is not a public nuisance based on a review of an engineering design and operations report prepared and submitted by the operator; • facilities at which persons are engaged in mining operations under a permit issued by the Division of Minerals and Geology of the Colorado Department of Natural Resources for mining wastes or other solid waste Compliance Bulletin Solid Waste CERTIFICATE OF DESIGNATION (CD) AS A SOLID WASTE DISPOSAL SITE reviewed/revised December 2010 Page 1 of 2 generated within the permitted area; • sites operated for the legitimate purpose of processing, reclaiming, or recycling recyclable materials as long as the materials are not likely to contaminate groundwater or create off -site odors as a result of these operations; • sites where sludge is applied for beneficial purposes (fertilizer, soil conditioner, or livestock feed) as long as the sludge meets all State Board of Health and Department of Agriculture requirements; • hazardous waste disposal sites issued a CD under the Colorado Hazardous Waste regulations; and • solid waste transfer stations that meet the requirements of Section 7 of the State solid waste regulations. (6 CCR 1007 -2 Section 1.4) Who do you contact to obtain a CD? Obtaining a certificate of designation begins with the local governing authorities. Persons interested in obtaining a CD should contact the county commissioners, planning department, or municipal government, based on the location of the proposed facility. (6 CCR 1007 -2 Section 1.6.1) Is there an application form? There is no standard application form to fill out. Applicants should contact the local governing authority to determine their requirements. Copies of the Colorado Solid Waste Regulations may be obtained from the Division and are available in downloadable format on the Internet. What happens after the local governing authority receives the application? The local governing body forwards copies of the application packet to the Division for technical review and recommendation of approval or disapproval. The local governing body may also conduct their own review at this time. An application completeness determination must be made by the Division within 30 days of receipt of the