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Montezuma County authorizes landfill manager to seek party status in state air-quality rulemaking; declines formal partnership with CDPHE on composting action
Summary
The Board of County Commissioners authorized the county landfill manager to seek party status in Colorado Air Quality Control Commission rulemaking on Regulation 31 and recorded that the county will not join a CDPHE enforcement action under the Solid Waste Act related to a composting matter.
The Montezuma County Board of County Commissioners on May 13 authorized the county landfill manager to request party status in a Colorado Air Quality Control Commission rulemaking tied to Regulation 31 and recorded that the county will not participate as a partner with the Colorado Department of Public Health and Environment (CDPHE) in a separate enforcement action under the Solid Waste Act.
The board voted to authorize a letter to the Colorado Air Quality Control Commission and CDPHE to appoint the landfill manager as the county’s representative in the Regulation 31 rulemaking. County staff said the designation will allow the landfill manager to participate directly in the legal rulemaking process.
County Attorney Steven (county attorney) told commissioners he had notified the attorney from the Colorado Attorney General’s office who represents CDPHE that the board was not prepared to enter into a partnership with the state on the composting enforcement at this time. Steven said CDPHE plans to begin enforcement under the Solid Waste Act, and the county will not be a party to that litigation “right now.”
Steven also said the landfill manager has the most operational knowledge of the landfill and that the county attorney’s office will work with him through the rulemaking process. The board moved and seconded authorization for the landfill manager to submit the party-status request; the motion carried with the board's affirmative votes.
The action follows discussion at an earlier workshop and public comment during which the county’s role in solid-waste regulation and coordination with state agencies was raised. The board also noted a separate, related public meeting scheduled with state legislators and agency representatives to address Regulation 31 and landfill concerns.
No additional county litigation or partnership commitment on the composting matter was authorized at the meeting. Commissioners and staff said county involvement in the CDPHE enforcement action remains off the table while the county pursues participation in the rulemaking as a separate party.
Looking ahead, staff said the county attorney’s office will assist the landfill manager with filings and navigation of the administrative rulemaking process. A public meeting with state legislators and agency staff is scheduled for May 17 to discuss the regulation and landfill matters further.
