As used in this part 5, unless the context otherwise requires:
"Existing hazardous waste incinerator" means a hazardous waste incinerator that wasin active operation, as authorized by applicable federal and state laws and regulations, on or before August 21, 1991.
(1.5) "Existing hazardous waste processor" means a hazardous waste processing facility that was in active operation, regardless of the amount of hazardous waste treated annually, as authorized by applicable federal and state laws and rules, on or before March 22, 2002.
"Governing body having jurisdiction" means the board of county commissioners if ahazardous waste incinerator or processor site is located in any unincorporated portion of a county and means the governing body of the appropriate municipality if a hazardous waste incinerator or processor site is located within an incorporated area.
(a) "Hazardous waste incinerator" means:
Any hazardous waste incinerator as defined in regulations of the commission promulgated pursuant to section 25-15-302; or
Any boiler or industrial furnace that burns hazardous waste, as defined in subpart Bof part 260 of title 40, code of federal regulations, as from time to time amended, until such time as the commission, pursuant to section 25-15-302, promulgates a definition of boiler or industrial furnace, at which time such state definition shall operate in lieu of the foregoing federal definition. Such term shall include, but is not limited to, any cement kiln, lime kiln, aggregate kiln, or blast furnace.
(b) The term "hazardous waste incinerator" excludes any facility for incineration of a hazardous waste performing on-site remediation pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980".
(4) (a) "Hazardous waste processing" means both of the following, except as provided in paragraph (b) of this subsection (4):
Any treatment method, technique, or process designed to change the physical, chemical, or biological character or composition of acute hazardous waste, as defined in rules of the commission promulgated pursuant to part 3 of this article, in order to neutralize such waste, reduce the volume of such waste, or render such waste less hazardous, safer for transport, amenable to recovery or use, or amenable to storage; and
Any acute hazardous waste processing, as defined in rules of the commission promulgated pursuant to section 25-15-302.
(b) "Hazardous waste processing" does not include:
The treatment of less than one thousand kilograms of acute hazardous waste per year;
The treatment, storage, or disposal of hazardous waste pursuant to a certificate ofdesignation issued under, or otherwise regulated by, part 2 of this article;
The processing of hazardous waste that is not listed as acute hazardous waste inrules of the commission promulgated pursuant to part 3 of this article;
The processing of any hazardous waste pursuant to any record of decision, consentdecree, or administrative order authorized by or made pursuant to applicable federal or state laws and rules, as amended or revised, or any record of decision issued pursuant to a periodic revision of a record of decision that was made on or before March 22, 2002;
The performance of on-site processing or treatment of hazardous waste associatedwith efforts to clean up contaminated soil, groundwater, or surface water pursuant to federal or state environmental laws;
The processing of hazardous waste incidental to commercial manufacturing;
The treatment, storage, management, or processing of solid waste pursuant to acertificate of designation issued under article 20 of title 30, C.R.S.;
The conduct of any activities pursuant to an approved reclamation plan containedin a permit issued under, or otherwise regulated by, article 32 or 33 of title 34, C.R.S.; or (IX) The conduct of any activities regulated under article 60 of title 34, C.R.S.
"Hazardous waste processor" means a facility that engages in hazardous waste processing subject to the requirement for a part B permit or interim status under rules of the commission promulgated pursuant to section 25-15-302.
"Hazardous waste processor site" means a location where hazardous waste is:
Processed; or
Generated or stored by the owner of a hazardous waste processor or by an affiliate orcustomer of a hazardous waste processor who produces hazardous waste.
Source: L. 92: Entire part added, p. 1264, § 1, effective July 1; (3)(a) and (3)(b) amended, p. 1261, § 26, effective August 1. L. 93: (3) amended, p. 267, § 1, effective April 3. L. 2002: (1.5), (4), (5), and (6) added and (2) amended, p. 87, § 2, effective March 22.