CLEANING UP THE PUBLIC DOMAIN: THE STATE PERSPECTIVE

• Jurisdiction: United States

Cleaning up the Public Domain: The Next Frontier
(Mar 1996)
CHAPTER 2C
CLEANING UP THE PUBLIC DOMAIN: THE STATE PERSPECTIVE
Howard A. Roitman
Rick Brown
Hazardous Materials and Waste Management Division Colorado Department of Public Health and Environment
Denver, Colorado

1. Sources of Colorado Department of Public Health and the Environment (CDPHE) authority over public lands

Cooperation and Coordination essential regardless of authority. CDPHE utilizes the concept of evaluating multiple regulatory options and "tailoring" the options to the specific situation. Creativity, Cooperation and Flexibility are the key to success.

A. CERCLA — CRS 25-16-101 et seq describes CDPHE's role in implementing this federal law.

1. Establishes HSRF and allows State to maintain an inventory of all sites at which hazardous substances were disposed.

2. CDPHE has limited independent authority (can not issue orders), but can bring suit and has independently utilized NRDS when appropriate in coordination with the other two state trustees.

3. CDPHE has key role in ARARs identification and has independent enforcement authority [as provided in CERCLA 114(a) and 302(d)].

B. Clean Water Act (CWA) — Provisions of the CWA are utilized through the CERCLA ARARs process but are also applied independently and/or through the voluntary cleanup process.

1. Non-point source cleanup programs through Section 319 have been successful but are dependant on private and other public sources of cost sharing. This is a possible underutilized vehicle where private industry could assist in cleanups where private and public ownership may be unclear or at issue and not have to directly confront liability issues.

2. Point source discharges continue to be the most difficult/sensitive areas; especially with regard to mining sites. Section 401 provides authority to regulate point sources of pollution.

3. Authority to regulate storm water runoff was establish in the 1987 CWA amendments with EPA publishing

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its final rule to allow general permit in November 1990.

C. RCRA subtitle D — We may see more use of the state solid waste program in the management of federal land cleanup.

D. RCRA subtitle C

E. Voluntary Cleanup and Redevelopment Act — CRS 25-16-301 et seq

II. Examples of Creative Partnerships — The emphasis here must be on risk taking by all parties and a willingness to be creative and flexible.

A. Use of MOA's or MOU's — The importance of these mechanisms can not...