Additional duties of the department - data collection on recycling, solid waste, and solid waste diversion - report.

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(1) (a) The department shall collect information and data on recycling, solid waste, and solid waste diversion. Data required to be collected by the department on recycling, solid waste, and solid waste diversion as required by this subsection (1) shall include without limitation:

  1. Statewide and regional solid waste stream components such as type of material, quantities of each material, and flow of each material;

  2. The proportion of solid waste generated in the state that has been diverted to otheruses that may be based upon a model established by the federal environmental protection agency for the purpose of calculating a recycling rate;

  3. Reutilized materials, amounts, and rates;

  4. Technical and innovative solid waste management developments;

  5. A statewide inventory of sites and facilities performing recycling or other solid waste processing or diversion;

  6. The number of jobs created and any other economic impacts resulting from theawarding of recycling resources economic opportunity grants made available pursuant to section

25-16.5-106.7, C.R.S.; and

(VII) Other data as necessary to further the purposes of this part 1.

(b) On or before February 1, 2009, and annually on or before February 1 of each calendar year thereafter, the department shall submit a report to the standing committee of reference in each house of the general assembly exercising jurisdiction over matters concerning public health and the environment that includes a summary of the information or data collected pursuant to paragraph (a) of this subsection (1) and all evaluations and conclusions drawn from the information or data collected.

(2) The department shall hold any information or data submitted to it by solid waste entities pursuant to subsection (1) of this section as confidential business information upon request of the submitting entity if the information or data satisfies the definition of trade secret as specified in sections 7-7-102 (4) and 18-4-408 (2)(d), C.R.S. The burden of proving that the information or data is protected as a trade secret shall be upon the party asserting the claim.

Source: L. 2007: Entire section added, p. 1145, § 11, effective July 1.

Cross references: For the short title "Recycling Resources Economic Opportunity Act" and legislative declaration contained in the 2007 act enacting this section, see sections 1 and 2 of chapter 278, Session Laws of Colorado 2007.


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