Colorado Revised Statutes

Colo. Rev. Stat. § 24-60-2206 (2026)

Site recommendation by counties

✓ current as of July 2026
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(1) Prior to any action by the department for the assessment and evaluation of potential areas for a facility under section 24- 60-2207, the department shall first cooperate with and provide counties in this state the opportunity to recommend facility sites within their boundaries. In making such recommendation, the board of county commissioners shall consider the factors set forth in section 24-60-2207 (1)(b) and shall provide reasonable opportunity for public comment.

(2) In making such recommendation, the board of county commissioners shall also consider comments from the department and the Rocky Mountain low-level radioactive waste board; except that the board of county commissioners shall make the final determination as to the designation of a facility site pursuant to part 1 of article 20 of title 30, C.R.S.

(3) Any person who proposes to operate a facility shall first apply, pursuant to part 1 of article 20 of title 30, C.R.S., for a certificate of designation to the board of county commissioners of the county in which the proposed facility site is located. Such site and facility shall be reviewed and approved by such board of county commissioners prior to the issuance of any license pursuant to part 1 of article 11 of title 25, C.R.S.

(4) If no board of county commissioners in this state recommends a facility site by January 1, 1984, the department may proceed to prepare its statewide assessment and evaluation and its alternative plan pursuant to section 24-60-2207.

Source: L. 82: Entire part added, p. 403, § 1, effective July 1. L. 2003: (2) amended, p. 914, § 18, effective August 6.

Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: Bd. of Cnty. Commissioners v. Colorado Dep't of Pub. Health & Env't, 218 P.3d 336 (Colo. 2009).
Bd. of Cnty. Commissioners v. Colorado Dep't of Pub. Health & Env't, 218 P.3d 336 (Colo. 2009). · cites it 40× “The Department and Clean Harbors argue that, because the County in this case did not make such a recommendation by that date, section 24-60-2206 is inapplicable here. Instead, they argue that section 24-60-2207, which applies to site recommendations made by the Department based…”
— Colo. Rev. Stat. § 24-60-2206(1) — 1 case
Bd. of Cnty. Commissioners v. Colorado Dep't of Pub. Health & Env't, 218 P.3d 336 (Colo. 2009). “The Department and Clean Harbors argue that, because the County in this case did not make such a recommendation by that date, section 24-60-2206 is inapplicable here. Instead, they argue that section 24-60-2207, which applies to site recommendations made by the Department based…”
— Colo. Rev. Stat. § 24-60-2206(3) — 1 case
Bd. of Cnty. Commissioners v. Colorado Dep't of Pub. Health & Env't, 218 P.3d 336 (Colo. 2009). “The Department and Clean Harbors argue that, because the County in this case did not make such a recommendation by that date, section 24-60-2206 is inapplicable here. Instead, they argue that section 24-60-2207, which applies to site recommendations made by the Department based…”
— Colo. Rev. Stat. § 24-60-2206(4) — 1 case
Bd. of Cnty. Commissioners v. Colorado Dep't of Pub. Health & Env't, 218 P.3d 336 (Colo. 2009). “The Department and Clean Harbors argue that, because the County in this case did not make such a recommendation by that date, section 24-60-2206 is inapplicable here. Instead, they argue that section 24-60-2207, which applies to site recommendations made by the Department based…”
— Colo. Rev. Stat. § 24-60-2206(8) — 1 case
Bd. of Cnty. Commissioners v. Colorado Dep't of Pub. Health & Env't, 218 P.3d 336 (Colo. 2009). “The Department and Clean Harbors argue that, because the County in this case did not make such a recommendation by that date, section 24-60-2206 is inapplicable here. Instead, they argue that section 24-60-2207, which applies to site recommendations made by the Department based…”
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