Overview of Senate Bill 05-0141

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Overview of Senate Bill 05-0141

• Limitations on Disposal of Wastes Related to
  Motorized Equipment

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Other States

• Disposal bans are part of recycling policy in
  many states.
• 47 states had some form of waste ban.
• The majority of states have banned one or more of
  the items banned in Colorado.

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What Wastes Will Be Banned from Land Disposal in
Colorado?

• Residentially-Generated
• Lead Acid Batteries
• Used Oil
• Waste Tires
• Landfills and transfer stations may still collect
  these wastes for recycling purposes.

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Effective Dates

• By January 1, 2006, landfills were required to
  submit amended waste acceptance plans.
• The ban takes effect on July 1, 2007.

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Prohibited land disposal includes placing these
items

• In a landfill or transfer station
• In a dumpster or other trash receptacle destined
  for the landfill
• In a treatment, storage or disposal facility

• In sewers
• Down the drain
• In surface or groundwater
• On the ground

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Purposes of the Act

• Promote resource use and recycling of these items
• Prevent land disposal of items that can adversely
  affect human health and the environment
• Fill gap in Subtitle C Regulations

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Examples of Environmental Insult
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Lead Acid Batteries / Used Oil

• Current Practice
• Exempt from RCRA Subtitle C when generated by a
  household
• Many landfills have voluntarily excluded these
  HHW from the working face when discovered.

• SB 05-0141
• Individuals cannot place these items in the trash
• Requires waste haulers to notify customers of
  this
• Landfills revise waste characterization plans
  accordingly

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Waste Tires

• Current Practice
• Tires have not been banned from MSW landfill
  disposal in Colorado.
• Some MSW landfills have refused to accept them.
• Most commercial tires recycled or monofilled.

• SB 05-0141
• Residentially generated tires may no longer be
  disposed of at an MSW Landfill or transfer
  station.
• Commercially generated tires not specifically
  addressed, but not many end up at MSW landfills
  anyway.

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Exceptions - Tires

• Tires may still be land disposed in a tire
  monofill having a certificate of designation.
• The disposal ban does not include bicycle tires
  or other tires from any other human-powered
  device.

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Entities Affected by SB 05-0141

• Individuals
• Retailers
• Wholesalers
• Collection or Recycling Facilities
• Waste Haulers
• Landfills
• Transfer Stations

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Obligations of Individuals

• Must deliver prohibited waste to
• A retailer or wholesaler engaged in collection or
  recycling
• A collection or recycling facility
• Tires may be disposed of in a monofill with a
  certificate of designation.
• If in an area where no recycling options exist,
  must verify that this is the case prior to
  disposal.

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Obligations of Retailers

• Not required to engage in collection for
  recycling, but if elect to, must deliver
  prohibited waste to
• A wholesaler
• Manufacturer, in the case of batteries
• A collection facility or recycler.
• Tires may be disposed of in a monofill with a
  certificate of designation.

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Obligations of Waste Haulers

• Waste haulers are responsible for notifying their
  residential customers that land disposal of these
  wastes is prohibited.
• Regulations will address what constitutes
  sufficient notice, and what frequency is required
  to educate new residential customers.

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Obligations of Landfills

• Must submit to the Department by January 1, 2006
  an amended waste characterization plan.
• Must implement by July 1, 2007 waste acceptance
  procedures aimed at minimizing the disposal of
  lead-acid batteries, used oil, and waste tires.

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MANAGEMENT OF RESIDENTIAL LEAD ACID BATTERIES
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MANAGEMENT OF RESIDENTIAL LEAD ACID BATTERIES
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MANAGEMENT OF LEAD ACID BATTERIES
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RESIDENTIAL USED OIL MANAGEMENT
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MANAGEMENT OF RESIDENTIAL WASTE TIRES
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Rationale for developing regulations

• Due Diligence
• A person is given the opportunity to establish
  that no reasonable options for recycling are
  available. What constitutes reasonable?
• Rural landfills in particular will have to
  develop a consistent policy based on options
  available locally.
• We believe a registration program will enhance
  the ability of both individuals and landfills to
  make these determinations.

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Rationale for developing regulations (continued)

• Consistency with other regulatory programs
• Used oil collected from do-it-yourselfers is
  subject to Part 279 of the Colorado HW
  Regulations.
• Section 15 tire hauler regulations
• Regulations will help clarify these
  interrelationships.

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Part 279 Requirements

• A do-it-yourselfer (DIY) used oil collection
  center is any site or facility that
  accepts/aggregates and stores used oil collected
  only from household do-it-yourselfers
• Owners or operators of all DIY used oil
  collection centers must comply with the generator
  standards in Subpart C of Part 279

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Part 279 Requirements

• Subpart C - Used Oil Generator Requirements
• Mark or label tanks and containers as Used Oil
• Containers in good condition
• Clean up releases

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Used Oil Labeling - NOT!
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Used Oil Labeling - NOT!
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Proper Used Oil Labeling
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Proper Used Oil Labeling
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Containers in Good Condition?
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Cleanup Releases of Used Oil
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Rationale for developing regulations (continued)

• Inspections / Enforcement
• Department was given the responsibility to
  enforce the law.
• We believe the regulated universe is so large as
  to warrant a self-certification program.
• This enables the Department to achieve reasonable
  rates of compliance.

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Self-Certification vs. Registration

• Registration - One time deal
• Self-certification - Provide on annual basis

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Self-Certification

• Retailers, wholesalers, collection facilities and
  recyclers
• Residential lead-acid batteries, used oil sent to
  recycler not land disposed
• Tires either monofilled or recycled

• Waste Haulers
• Notified customers that land disposal of
  residential lead-acid batteries, used oil and
  waste tires is prohibited

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Time frame for regulation development

• Discussion draft reviewed internally March to
  June 2006
• Stakeholder meetings Summer / Fall 2006
• Board of Health hearing January 2007

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Annual Reporting - May 1st

• Recycling Facilities (Section 8)
• Scrap Tire Facilities (Section 10)
• Composting Facilities (Section 14)
• Reporting forms available online at
• http/www.cdphe.state.co.us/hm/forms.asp

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Regulations Stakeholder Involvement

• Asbestos Soil Mgmt. Ends Feb. 06
• Composting Ongoing
• Section 15 Tire Hauler Regulations Begins March
  8, 2006
• Financial Assurance Begins Summer 2006

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Guidance Under Development or Planned

• TENORM Guidance Document
• Drinking Water Treatment Sludge
• Comment period extends through April 7, 2006
• http//www.cdphe.state.co.us/wq/TENORM/Publiccomme
  nt.html
• Geotechnical Workgroup Begins Summer 2006