Colorado Revised Statutes Title 25. Health § 25-16-104.5. Solid waste user fee--imposed--rate--legislative declaration--rules--repeal

(I) The department's direct and indirect costs associated with implementation of the solid waste management program under section 30-20-101.5, C.R.S.;

(II) The department's direct and indirect costs for the implementation of its responsibilities under the federal act, as described in this part 1, and to provide matching funds and cover future maintenance costs pursuant to section 25-16-103; and

(III) The anticipated payments to the department of law, pursuant to subparagraph (II) of paragraph (b) of this subsection (1.7), for the direct and indirect costs of the department of law for the implementation of its responsibilities under the federal act, as described in this part 1, which costs are distinct from those described in subparagraph (II) of this paragraph (a).

(b)(I) The portion of the fee collected for the costs described in subparagraph (I) of paragraph (a) of this subsection (1.7) shall be transmitted to the department for deposit into the solid waste management fund created in section 30-20-118, C.R.S.

(II) The portions of the fee imposed under this subsection (1.7) that are collected for the costs described in subparagraphs (II) and (III) of paragraph (a) of this subsection (1.7) shall be transmitted to the department for deposit into the hazardous substance response fund created in section 25-16-104.6. The department may expend money from the portion of the fee collected under subparagraph (III) of paragraph (a) of this subsection (1.7) to compensate the department of law for all or a portion of the expenses incurred for services rendered under the federal act and the OPA, as billed to the department by the department of law. The department may expend money from the fees collected under this subsection (1.7) to finance the radon education and awareness program, established in section 25-11-114(2), and the radon mitigation assistance program, established in section 25-11-114(3).

(I) Two cents per load transported by a motor vehicle that is commonly used for the noncommercial transport of persons over public highways;

(II) Four cents per load transported by a truck, as defined in section 42-1-102(108), that is commonly used for the noncommercial transport of persons and property over the public highways; and

(III) An amount, per cubic yard per load transported by any commercial vehicle or other vehicle not included in the vehicles described in subsection (3.9)(a)(I) and (3.9)(a)(II) of this section, on and after January 1, 2016, of fourteen cents per cubic yard per load, which amount is equivalent to forty-seven cents per ton.

(c)(I) Subject to subsections (1.5) and (3.9)(c)(II) of this section, in addition to any other user fee imposed by this section, on or after September 1, 2019, there is imposed a user fee to finance the Colorado circular communities enterprise created in section 25-16.5-109. At the time of disposal, the operator of an attended solid waste disposal site located in the front range shall collect the fee, which may be passed through to waste producers and other persons disposing of waste, in an amount per cubic yard per load transported by any commercial vehicle, or by other vehicle not included in the vehicles described in subsection (3.9)(a)(I) or (3.9)(a)(II) of this section, as set forth in the following schedule:

(II) Solid waste disposal sites or facilities located in the county of Custer, Fremont, Morgan, or Otero shall collect the fee specified in this subsection (3.9)(c) on loads that originate from the front range.

(III) Beginning July 1, 2024, an operator of a solid waste disposal site or facility subject to this subsection (3.9)(c) shall transmit the user fee collected pursuant to this subsection (3.9)(c) by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit it to the Colorado circular communities cash fund created in section 25-16.5-109(4) to finance the Colorado circular communities enterprise pursuant to section 25-16.5-109.

(IV) An operator of an attended solid waste disposal site located in the front range need not collect the fee specified in this subsection (3.9)(c) on a load that contains any of the following materials that are separated out from the rest of the load: Asbestos-containing material, asbestos waste, friable asbestos-containing material as that term is defined in section 25-7-502(6), friable asbestos, nonfriable asbestos waste, regulated asbestos-contaminated soil, nonregulated asbestos-contaminated soil, pathological waste, pharmaceutical waste, ash, biohazardous waste, infectious waste as that term is defined in section 25-15-402(1)(a), medical waste, exploration and production waste as that term is defined in section 30-20-109(1.5)(a)(I), technologically enhanced naturally occurring radioactive material as that term is defined in section 25-11-201(1)(f), grit and sludge, automobile shredder residue, dead animals, special waste liquids, or contaminated soils.