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CDPHE Proposed Amendments to the Solid Waste Regulations
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
Thursday, January 16, 2020, 2:30 PM - 4:00 PM MST
Category: Other Events

The Colorado Department of Public Health and Environment (CDPHE) Solid Waste and Materials Management Program is proposing to amend Section 4 (Financial Assurance Requirements) of the Solid Waste Regulations (6 CCR 1007-2). Proposed changes will include the modification of Section 4.6.7 (Local Government Financial Test) and the deletion of Section 4.6.9 (Local Government Guarantee) as a financial assurance mechanism.

Modifications to Section 4.6.7 - Local Government Financial Test

Section 4.6.7 allows local governments that own and/or operate a solid waste disposal site to use a financial test to demonstrate financial assurance for closure, post-closure and corrective action cost up to a specified maximum limit. As it currently stands, local governments are required to submit multiple forms of documentation which determines whether they pass or fail the financial test. To simplify this process, the CDPHE will require the submission of the Comprehensive Annual Financial Report (CAFR). The overall suggested changes will enhance the efficiency of the submission/review process and the cumbersome administrative processes that burden local government owners and operators.

The proposed rule changes consist of amending and clarifying criteria associated with the four components outlined below:

1. Financial Component
Based on this section, the local government must satisfy either the bond rating requirement or the financial ratio alternative. The proposed changes would be to eliminate the subsections (1)(a)(b)(i)(ii) and (3)(a)(b)(c)(d).

2. Public Notice Component
This section states that the local government must disclose, within its annual budget or financial report, the estimated costs of its closure, post-closure, and corrective action obligations. The proposed changes are to provide clarity and remove language found to be irrelevant in subsection (B).

3. Record keeping and Reporting Requirements
A local government must review its financial situation every year and must demonstrate they have the means for closure, post-closure, and corrective action costs. The local government must also place this information into the facilities operating record. The proposed changes are to provide clarity and remove language to be found irrelevant in subsection (C).

4. Calculation of Cost to be Assured
Currently, the financial test limits the amount of closure, post-closure, and corrective action costs for which a local government may demonstrate financial assurance through the use of the test, in proportion to a local government’s financial capacity as represented by its annual revenues. The proposed changes would be to eliminate the subsections (D)(1)(2)(3).

Eliminate Section 4.6.9 - Local Government Reserved

Section 4.6.9 allows local governments to guarantee the closure, post-closure and corrective action costs of other solid waste disposal site owners and operators through the use of the financial test. The local government guarantor would assume responsibility for the obligations of the owner or operator if the owner or operator fails to do so, and provide proof that it passes the financial test requirements. However, if a privately owned facility fails to operate its landfill appropriately, this could be a financial risk to the local government.

Meeting Info:
Thursday, January 16, 2020
2:30-4:00 pm
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
Conference Room C1A

Call in information:
‪+1 904-323-4762
PIN: ‪615 529#

You can read a copy of the proposed amended section in full here.

Updated proposed regulations and the agenda will be posted on CDPHE’s website (https://www.colorado.gov/pacific/cdphe/sw-proposed-rulemakings-stkh-proc) at least four business days prior to the stakeholder meeting