About the Commission

The commission, a Type 1 agency located within the Colorado Department of Public Health and Environment but with authority independent of the executive director, is charged with promulgating and adopting rules pertaining to solid and hazardous waste; setting fees and issuing interpretive rules for hazardous waste; and hearing appeals of administrative law judges determinations regarding the amounts of administrative penalties for hazardous waste matters. 

The federal government authorizes Colorado to implement a state hazardous waste program in lieu of a federal program as long as the state program meets certain criteria.  One of the major tasks of the commission is to ensure that the state hazardous waste rules are consistent with the U.S. Environmental Protection Agencies requirements so that Colorado will not lose its authorization and federal funds.  The commission has the authority to adopt rules that are more stringent than the federal requirements and to list or define as a hazardous waste a waste not regulated by the federal rules, if the commission makes a written finding after public hearing and substantial evidence in the record that it is necessary to protect public health and environment.  Six votes are needed and the commission also must issue an opinion referring to and evaluating public health and environmental information and studies that form the basis of the rules.  The rules regarding mining and mineral processing wastes, including exploration, mining, milling and smelting and refining waste, must be identical to the federal hazardous waste rules.

Your opinion is important to us. If you have comments regarding this information, or wish to have additional information included, please send your e-mail to: cdphe.hwcrequests@state.co.us