Colorado Revised Statutes

Colo. Rev. Stat. § 30-20-100.5 (2026)

Legislative declaration

✓ current as of July 2026

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(1) The general assembly hereby finds and declares that:

(a) Proper disposal of solid wastes is a matter of mixed statewide and local concern;

(b) Improper disposal of solid wastes poses significant public health risks, environmental hazards, and long-term liability for the citizens of the state; (b.5) State and local governments have a joint responsibility to work in partnership to address environmental and public health risks that may result from local-government-owned landfills, and public officials must ensure the safe and cost-effective management and disposal of solid waste for their communities;

(c) (I) Colorado citizens are increasingly voicing their concerns about solid waste issues. Such concerns include the following:

(A) How citizens can make maximum use of waste reduction and recycling programs as part of such citizens' personal environmental commitment;

(B) Concerns of citizens relating to the siting of a solid wastes site and facility near their homes; and

(C) Challenges to public officials to react responsibly to assure safe and cost-effective solid waste management and disposal for their community over the next five to ten years.

(II) Reflecting such concerns, private citizens and companies have joined with local and state officials to address the needs of Colorado concerning solid waste.

(d) Optimal solid waste management in Colorado should include the following elements:

(I) The state government, local governments, and private companies and citizens of Colorado each must play important roles in the management of solid waste in Colorado.

(II) A statewide system of integrated solid waste management planning is necessary to meet Colorado's solid waste disposal needs over the next twenty years. Local governments and their citizens should be encouraged to work toward consensus concerning their solid waste disposal needs and concerning the types and numbers of solid wastes sites and facilities necessary or desirable in their areas.

(III) State and local efforts in this area must be focused toward the reduction of the volume and toxicity of the waste stream. Realistic waste reduction goals should be established and state and local solid waste management goals should strive to achieve such goals through source reduction, recycling, composting, and similar waste management strategies.

(IV) Renewed efforts and new mechanisms are needed to ensure the full participation of the public in all phases of solid waste decision-making. All participants and concerned parties must contribute to a continuing, dedicated effort to inform and educate the public concerning solid waste and its impact on public health and the environment.

(V) A strong component of statewide waste management efforts shall be the minimization of illegal disposal of solid wastes through the provision of the appropriate kinds and numbers of solid waste sites and facilities as needed to handle, treat, and dispose of solid waste in all areas of the state.

Source: L. 91: Entire section added, p. 963, § 1, effective June 5. L. 2023: (1)(b.5) added, (HB 23-1194), ch. 225, p. 1160, § 1, effective August 7.

Cross references: For the legislative declaration in HB 23-1194, see section 1 of chapter 225, Session Laws of Colorado 2023.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 1996–2025 · leading case: Bd. of Cnty. Commissioners of the Cnty. of La Plata, Colorado v. Colorado Dep't of Pub. Health & Env't, 488 P.3d 1065 (Colo. 2021).

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Bd. of Cnty. Commissioners of the Cnty. of La Plata, Colorado v. Colorado Dep't of Pub. Health & Env't, 488 P.3d 1065 (Colo. 2021). · cites it 2× “¶1 In these two related cases , the La Plata County Board of County Commissioners (the " County " ) challenges the Colorado Department of Public Health and Environment 's (the " Department's " ) authority to bring an enforcement action against the County under the Solid Wastes…”

v. Colorado Dep't of Pub. Health & Env't, 2020 COA 50 (Colo. Ct. App. 2020). · cites it 3× “requirement, rule, or certificate of designation and may request the attorney general to bring suit for injunctive relief or for penalties,” § 30-20-113(2)(a), C.”

Dill v. Bd. of Cnty. Commissioners of Lincoln Cnty., 928 P.2d 809 (Colo. Ct. App. 1996). · cites it 4× “” Sections 30-20-100.5(l)(a) and 3G-20-100.”

Bd. of Cnty. Commissioners v. Colorado Dep't of Pub. Health & Env't, 218 P.3d 336 (Colo. 2009). · cites it 2× “[1] See Solid Waste Disposal Act, §§ 30-20-100.5 to -122, C.R.S. (2009); Hazardous Waste Siting Act, §§ 25-15-200.”

Sheep Mountain All. v. Bd. of Cnty. Commissioners, 271 P.3d 597 (Colo. Ct. App. 2011). “In section IV, the Zoning Resolution permits solid waste disposal as a special use in agricultural districts if approved pursuant to the solid waste disposal sites and facilities act, sections 30-20-100.5 to -128, C.R.S.2011, "not including hazardous waste disposal.”

Smith v. Medina (D. Colo. 2023). · cites it 2× “See Colo. Rev. Stat. § 30-20-100.5 (1)(b) (“Improper disposal of solid wastes poses significant public health risks, environmental hazards, and long-term liability for the citizens of the state.”

Heartland v. CDPHE (Colo. Ct. App. 2025). “See §§ 30-20-100.5 to -124, C.R.S. 2024. Any person or entity owning or operating a solid waste facility “shall first obtain a certificate of designation from the governing body having jurisdiction over the area in which such site and facility is located.”

Goodman v. South Suburban (Colo. Ct. App. 2025). “In that case, La Plata County argued that the CGIA barred the CDPHE’s efforts to bring an enforcement action against the county for alleged violations of the Solid Wastes Disposal Sites and Enforcement Act, sections 30-20-100.5 to -122, C.R.S. 2020.”

— Colo. Rev. Stat. § 30-20-100.5(1)(b) — 1 case

v. Colorado Dep't of Pub. Health & Env't, 2020 COA 50 (Colo. Ct. App. 2020). “requirement, rule, or certificate of designation and may request the attorney general to bring suit for injunctive relief or for penalties,” § 30-20-113(2)(a), C.”

— Colo. Rev. Stat. § 30-20-100.5(l)(a) — 1 case

Dill v. Bd. of Cnty. Commissioners of Lincoln Cnty., 928 P.2d 809 (Colo. Ct. App. 1996). “” Sections 30-20-100.5(l)(a) and 3G-20-100.”

— Colo. Rev. Stat. § 30-20-100.5(l)(d)(II) — 1 case

Dill v. Bd. of Cnty. Commissioners of Lincoln Cnty., 928 P.2d 809 (Colo. Ct. App. 1996). “” Sections 30-20-100.5(l)(a) and 3G-20-100.”

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