Chapter 13: Waste Facility Siting
The siting of solid waste disposal facilities is a complex process, involving both state and local governments. The siting of solid waste disposal sites is the joint responsibility of both the Colorado Department of Public Health and Environment (CDPHE) and the local county or municipality having land use jurisdiction over the site. This chapter describes the major steps and requirements for obtaining siting approval for solid waste disposal facilities.
§ 13.1 Solid Waste Facility Siting
§ 13.1.1 Joint Responsibility of the State and Local Governing Body
§ 13.1.2 Solid Waste Certificate of Designation (CD)—CD Application, Review, and Approval Process
§ 13.1.3 Public Participation in the CD Process
§ 13.1.4 Solid Waste CD Amendments
§ 13.1.5 Revocation, Suspension, and Termination
§ 13.1.6 Exemptions to the Requirement for a CD
§ 13.1.7 Solid Waste Landfill Fees
§ 13.2 Hazardous Waste Facility Siting
§ 13.2.1 Joint Responsibility of the State and Local Governing Body
§ 13.2.2 Required Colorado Hazardous Waste Act Permit—Authority and Applicability
§ 13.2.3 Permitting Process for a Colorado Hazardous Waste Act Permit
§ 13.2.4 Exclusions
§ 13.2.5 Hazardous Waste CD—CD Application, Review and Approval Process
§ 13.2.6 Amendments to a Hazardous Waste CD
§ 13.2.7 Revocation, Suspension, and Termination
§ 13.2.8 Public Participation
Colorado Hazardous Waste Act Permit
Certificate of Designation
§ 13.2.9 Hazardous Waste Landfill Fees
§ 13.2.10 Emerging Issues Related to NORM and TENORM
LYNN M. KORNFELD, ESQ.
Faegre & Benson LLP
Lynn M. Kornfeld serves as special counsel in the Denver office of Faegre & Benson LLP. She specializes in environmental administrative, regulatory, and land use matters. Ms. Kornfeld has advised a broad range of companies on compliance issues arising under the major federal and state environmental regulatory schemes (including the CWA, RCRA, CAA, CERCLA, EPCRA, TSCA), and has represented clients in defense of federal and state administrative enforcement actions arising under those programs. Ms. Kornfeld’s land use experience includes assisting the owner of a commercial hazardous waste treatment, storage and disposal facility in obtaining a RCRA Subtitle C permit and a radioactive materials license, and participating in the successful defense of administrative challenges to both agency approvals. She has also participated in the siting, zoning, permitting, and expansion of solid waste landfills, and the resolution of zoning issues related to solid waste transfer stations. Ms. Kornfeld has also helped numerous clients resolve the complex environmental, regulatory, and real estate issues associated with brownfield properties. Before joining the firm, Ms. Kornfeld worked for the Denver and Washington D.C. offices of Patton Boggs, LLP, where she represented a manufacturing company in a national, EPA multi-media enforcement action under the CWA, CAA, and RCRA, and a large utility company in resolution of a multi-million dollar enforcement action under the CAA’s New Source Review program.
JACY T. ROCK, ESQ.
Faegre & Benson LLP
Jacy T. Rock is an associate in the Denver office of Faegre & Benson LLP who specializes in environmental, administrative, and regulatory litigation. She has worked on litigation arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and the Administrative Procedures Act (APA). Ms. Rock’s experience also includes litigation concerning federal, state, and local regulation of solid, hazardous, and radioactive waste disposal sites, and state air quality statutes and regulations. While in law school, Ms. Rock worked in the Northwest Airlines Legal Department, where she focused on issues related to federal preemption, and was a student law clerk for the Honorable Justice Robert Kyle of the Federal District Court for Minnesota.
