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111 IIII111111111111 <br />STATE OF CU~Ui~vO <br />COLORADO DEPARTMENT OF HEALTH <br />Dedicated to protecting and improving the hzahh and <br />em•ironment o(the people o(Colorarlo <br />J3W Cherry Creek Dr. S. Laboratory Oulding <br />Denver, Colorado 80222-1570 4270 [. 11th Tvenue <br />Phone (303) 64?-'_000 Denver, Colorado ri0?20-371! <br />1303) 0`11 -4700 <br />February 1, 1994 <br />Forrest V, Luke <br />Trapper Mining, Inc. <br />P.O. Box 187 <br />Craig, CO 81626 <br />Re: Trapper Mine/Solid Waste Regulations <br />SW MOF TRA #lA <br />Dear Mr. Luke: <br />~~ <br />~-~ .-. <br />i .~ <br />..: 1 <br />OF Cp(O <br />~~ <br />'c <br />•~~~ <br />78]6 ~ <br />Foy Ramer <br />Governor <br />Paincia A. Nolan, MD, MPI I <br />Exennivc Direnor <br />I am responding to your inquiry dated January 20, 1994 concerning various yues[ions of <br />interpretation of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 <br />CCR 1007-2, Part 1). In preparing this reply, I reviewed your referenced correspondence of <br />February 11, 1993. In the second paragraph of the 1993 letter Mr. Henderson makes the <br />statement that "...Neither of these activities is regulated as a solid waste under 6 CCR 1007- <br />2..." The reference in the 1993 letter was to "...mine-generated wastes..." and to "...tly ash, <br />bottom ash and scrubber sludge generated by the..:' power plant. As it is written, the <br />interpretation is only partly correct. The mine-generated wastes are not covered under 6 <br />CCR 1007-2. However, the ash and sludge are solid wastes that are covered by 6 CCR 1007- <br />2 and CRS 30-20-100.5 et secl; specifically 30-20-101(6). I apologize for not correcting this <br />at the time of the original letter. <br />This Division has a memorandum of understanding with the Division of Minerals and <br />Geology that, in part, addresses situations where a mining operation is disposing of solid <br />waste material that is not mine-generated wastes. Since your facility has a Certificate of <br />~_ Designation from 1981, the facility is in conformance with the joint interpretation of the hvo <br />Divisions concerning non-mine-generated wastes. <br />In your January 20, 1994 letter, paragraph #3, you make certain statements concerning <br />Section 2.0 of 6 CCR ]007-2 as it may apply to your facility. Section 2.0 is designed to apply <br />to all solid waste disposal sites and facilities, as may be applicable to a specific site. <br />Likewise, Section 3.0 is intended to apply to all landfills, as may be applicable to the site <br />and waste stream; please refer sections 1.3.11 and 3.0.2. In reviewing your facility's file, I <br />concur that [he facility is in compliance with the solid waste regulations. <br />The last comment in your January 2(I, 1994 letter concerns the $15 million reclamation <br />performance bond with the Division of Minerals and Geology and how that may relate to <br />