reglab/housing_qa huggingface dataset:
CO Code § 25-8-302 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 3 - Administration|§ 25-8-302. Duties of Division

  The division shall:   Carry out the enforcement provisions of this article, including the seeking of criminal prosecution of violations and such other judicial relief as may be appropriate;    Administer the permit system as provided in part 5 of this article;    Monitor waste discharges and the state waters as provided in section 25-8-303;    Submit an annual report to the commission as provided in section 25-8-305;    Maintain a mailing list of persons requesting notice of actions by the division or by the commission and notify persons on the list of such actions, for which service the division shall assess a fee to cover the costs thereof;    Review and certify, conditionally certify, or deny requests for certifications under the provisions of section 401 of the federal act and this article, known as “401 certificates”. Conditions attached to the division's certification shall only implement rules which the commission has made applicable to 401 certifications. General or nationwide permits under section 404 of the federal act shall be certified for use in Colorado without the imposition of any additional state conditions. Appeals by an affected entity of a final 401 certification decision of the division shall be heard in accordance with section 24-4-105, C.R.S., of the “State Administrative Procedure Act”.    Perform such other duties as may lawfully be assigned to it.        History. Source: L. 81: Entire article R&RE, p. 1321, § 1, effective July 1. L. 82: (1)(b) amended, p. 625, § 29, effective April 2. L. 85: (1)(f) amended, p. 908, § 6, effective June 4.
CO Code § 25-8-303 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 3 - Administration|§ 25-8-303. Monitoring

  The division shall take such samplings as may be necessary to enable it to determine the quality of every reasonably accessible segment of state waters, wherever practical. In sampling such waters the division shall give consideration to characteristics such as those listed in section 25-8-204 (2), but if pollution is suspected the sampling shall not be limited or restricted by reason of the fact that no water quality standard has been promulgated for the suspected type of pollution.    As to every segment of state waters so sampled, the division shall endeavor to determine the nature and amount of each pollutant, whether a new or different water quality standard is needed, the source of each pollutant, the place where each such pollutant enters the water, and the names and addresses of each person responsible for or in control of each entry.    As to each separate pollution source identified, the division shall:   Determine what control regulations are applicable, if any;    Determine whether the discharge is covered by a permit and whether or not any condition of the permit is being violated;    Determine what further control measures with respect to such pollution source are practicable.       The division shall inform the commission of any unusual problem which creates difficulties in abating pollution.     History. Source: L. 81: Entire article R&RE, p. 1321, § 1, effective July 1.
CO Code § 25-8-304 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 3 - Administration|§ 25-8-304. Monitoring, Recording, and Reporting

  The owner or operator of any facility, process, or activity from which a discharge of pollutants is made into state waters or into any municipal domestic wastewater treatment works shall, according to standard procedures and methods prescribed by the division:   Establish and maintain records;    Make reports;    Install, calibrate, use, and maintain monitoring methods and equipment, including biological and indicator pollutant monitoring methods;    Sample discharges;    Provide additional reasonably available information relating to discharges into domestic wastewater treatment works.        History. Source: L. 81: Entire article R&RE, p. 1322, § 1, effective July 1.
CO Code § 25-8-305 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 3 - Administration|§ 25-8-305. Annual Report

 Notwithstanding section 24-1-136 (11)(a)(I) , on or before October 1 of each year, the division through the executive director shall report to the commission on the effectiveness of this article and shall include in such report any recommendations it may have with respect to any regulatory or legislative changes that may be needed or desired. The report must include the then-current information that has been obtained pursuant to section 25-8-303 and information concerning the status of the division's implementation of the discharge permit program established in part 5 of this article. The report shall be filed with the house agriculture, livestock, and natural resources committee and the senate agriculture, natural resources, and energy committee, or any successor committees.   History. Source: L. 81: Entire article R&RE, p. 1322, § 1, effective July 1. L. 2000: Entire section amended, p. 191, § 2, effective March 23. L. 2008: Entire section amended, p. 1907, § 103, effective August 5. L. 2017: Entire section amended, (SB 17-056), ch. 33, p. 94, § 6, effective March 16.
CO Code § 25-8-306 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 3 - Administration|§ 25-8-306. Authority to Enter and Inspect Premises and Records

  The division has the power, upon presentation of proper credentials, to enter and inspect at any reasonable time and in a reasonable manner any property, premise, or place for the purpose of investigating any actual, suspected, or potential source of water pollution, or ascertaining compliance or noncompliance with any control regulation or any order promulgated under this article. Such entry is also authorized for the purpose of inspecting and copying records required to be kept concerning any effluent source.    In the making of such inspections, investigations, and determinations, the division, insofar as practicable, may designate as its authorized representatives any qualified personnel of the department of agriculture. The division may also request assistance from any other state or local agency or institution.    If such entry or inspection is denied or not consented to, the division is empowered to and shall obtain, from the district or county court for the judicial district or county in which such property, premise, or place is located, a warrant to enter and inspect any such property, premise, or place prior to entry and inspection. The district and county courts of the state of Colorado are empowered to issue such warrants upon a proper showing of the need for such entry and inspection.     History. Source: L. 81: Entire article R&RE, p. 1322, § 1, effective July 1.
CO Code § 25-8-307 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 3 - Administration|§ 25-8-307. Emergencies

 Whenever the division determines, after investigation, that any person is discharging or causing to be discharged or is about to discharge into any state waters, directly or indirectly, any pollutant which in the opinion of the division constitutes a clear, present, and immediate danger to the health or livelihood of members of the public, the division shall issue its written order to said person that he must immediately cease or prevent the discharge of such pollutant into such waters and thereupon such person shall immediately discontinue such discharge. Concurrently with the issuance of such order, the division may seek a restraining order or injunction pursuant to section 25-8-607 .   History. Source: L. 81: Entire article R&RE, p. 1322, § 1, effective July 1.
CO Code § 25-8-308 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 3 - Administration|§ 25-8-308. Additional Authority and Duties of Division - Penalties

  In addition to the authority specified elsewhere in this article 8, the division has the power to:   Conduct or cause to be conducted studies, research, and demonstrations with respect to water pollution and the control, abatement, or prevention thereof, as requested by the commission;    Furnish technical advice and services relating to water pollution problems and control techniques;    Designate one or more persons or agencies in any area of the state as a water quality control authority, as agent of the division, to exercise and perform such powers and duties of the division as may be specified in such designation;    Administer, in compliance with regulations and the priority ranking adopted by the commission, loans and grants from the federal government and from other public sources;    Advise, consult, cooperate, and enter into agreements with other agencies of the state, the federal government, other states, and interstate agencies, and with groups, political subdivisions, and industries affected by the provisions of this article and the policies of the commission; but any such agreement involving, authorizing, or requiring compliance in this state with any standard or regulation shall not be effective unless or until the commission has held a hearing with respect to such standard or regulation and has adopted the same in compliance with this article;    Certify, when requested, the existence of any facility, land, building, machinery, equipment, treatment works, or sewage or disposal systems as have been acquired, constructed, or installed in conformity with the purposes of this article;    Take such action in accordance with rules and orders promulgated by the commission as may be necessary to prevent, abate, and control pollution;    Implement a program, in accordance with section 25-8-205.7, 25-8-205.8, or 25-8-205.9 and rules and orders of the commission, for the reuse of reclaimed domestic wastewater for purposes other than drinking.       Except as provided in section 25-8-608, all fines and penalties for violations of this article 8 must be transmitted to the state treasurer for deposit to the credit of the general fund.     History. Source: L. 81: Entire article R&RE, p. 1323, § 1, effective July 1. L. 83: (2) amended, p. 1079, § 3, effective July 1. L. 2000: (1)(h) added, p. 252, § 3, effective March 31. L. 2006: (2) amended, p. 1273, § 1, effective May 26. L. 2017: (2) amended,(SB 17-294), ch. 264, p. 1408, § 88, effective May 25. L. 2018: IP(1) and (1)(h) amended,(SB 18-038), ch. 400, p. 2369, § 4, effective August 8; IP(1) and (1)(h) amended,(HB 18-1069), ch. 179, p. 1224, § 4, effective August 8; IP(1) and (1)(h) amended,(HB 18-1093), ch. 171, p. 1201, § 4, effective August 8.    Editor's note:   Amendments to subsection (1)(h) by SB 18-038, HB 18-1069, and HB 18-1093 were harmonized.
CO Code § 25-8-310 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 3 - Administration|§ 25-8-310. Education Program - Storm Water

  The division may develop education programs for use by state and local governmental entities.    The educational programs developed in accordance with subsection (1) of this section shall be designed to inform the public about storm water quality problems resulting from:   The washing of motor vehicles on nonpermeable surfaces and the advantages of washing motor vehicles at car wash facilities that comply with recognized industry water conservation and water quality control standards;    The disposal of leaves, litter, pet wastes, and debris in street gutters and storm drains;    The disposal of used oil, antifreeze, paints, and other household chemicals in storm sewers or drains; and    Soil erosion on property due to lack of planting of ground cover and stabilization of erosion-prone areas.       The division may obtain gifts, grants, and donations to fund the costs of developing the education programs described in subsection (1) of this section. If the funding necessary to comply with said subsection (1) is not obtained, the division shall not be required to comply with said subsection (1) until such funding is obtained.     History. Source: L. 2007: Entire section added, p. 1252, § 2, effective August 3.
CO Code § 25-8-402 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 4 - Procedures|§ 25-8-402. Procedures to Be Followed in Classifying State Waters and Setting Standards and Control Regulations

  Prior to the classification of state waters and promulgating any water quality standard or any control regulation authorized in this article, the commission shall conduct a public hearing thereon as provided in section 24-4-103, C.R.S. Notice of any such hearing shall conform to the requirements of section 24-4-103, C.R.S., but such notice shall be given at least sixty days prior to the hearing and shall include each proposed standard or regulation.    Any person desiring to propose a standard or regulation differing from the standard or regulation proposed by the commission shall file such other written proposal with the commission not less than twenty days prior to the hearing, and, when on file, such proposal shall be open for public inspection.    Witnesses at the hearing shall be subject to cross-examination by or on behalf of the commission, by or on behalf of persons who have proposed standards or regulations pursuant to subsection (2) of this section, and by or on behalf of persons who have obtained party status to the proceeding.    Standards or regulations promulgated pursuant to this section shall take effect as provided in section 24-4-103 (5), C.R.S.    Any emergency rule-making proceedings by the commission shall be conducted pursuant to section 24-4-103 (6), C.R.S., and not pursuant to this section. Any rule adopted pursuant to such proceedings may be effective for a specified period longer than one hundred twenty days, but not later than one year, if the commission determines that such longer period is necessary to complete rule-making pursuant to section 24-4-103, C.R.S., to reconsider the emergency rule.     History. Source: L. 81: Entire article R&RE, p. 1324, § 1, effective July 1. L. 85: (5) added, p. 908, § 8, effective June 4. L. 88: (1) amended, p. 1020, § 3, effective July 1. L. 2010: (5) amended, (HB 10-1346), ch. 137, p. 461, § 2, effective April 15.
CO Code § 25-8-403 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 4 - Procedures|§ 25-8-403. Administrative Reconsideration

 During the time permitted for seeking judicial review of any final order or determination of the commission or division, any party directly affected by such order or determination may apply to the commission or division, as appropriate, for a hearing or rehearing with respect to, or reconsideration of, such order or determination. The determination by the commission or division of whether to grant or deny the application for a hearing, rehearing, or reconsideration shall be made within ten days after receipt by the commission or division of such application. Such determination by the commission may be made by telephone or mail or at a meeting, but in any event shall be confirmed at the next meeting of the commission. If the application for a hearing, rehearing, or reconsideration is granted, the order or determination to which such application pertains shall not be considered final for purposes of judicial review, and the commission or the division may affirm, reverse, or modify, in whole or in part, the pertinent order or determination; thereafter such order or determination shall be final and not subject to stay or reconsideration under this section.   History. Source: L. 81: Entire article R&RE, p. 1325, § 1, effective July 1.    ANNOTATION   Applied in Colorado Water Quality Control Comm'n v. Town of Frederick, 641 P.2d 958 (Colo. 1982).
CO Code § 25-8-405 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 4 - Procedures|§ 25-8-405. Samples - Secret Processes

  If samples of water or water pollutants are taken for analysis, the person believed to be responsible for any suspected violation or who is or will be subject to any remedial action shall be notified immediately of the collection of the samples and a representative portion of the sample shall be furnished immediately upon request to said person. A representative portion of such sample shall be furnished to any suspected violator whenever any remedial action is taken with respect thereto by the division. A duplicate of every analytical report pertaining to such sample shall also be furnished as soon as practicable to such person. Any request for a sample split shall be made within six months of the notification of the collection of samples.    Any information relating to any secret process, method of manufacture or production, or sales or marketing data which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the commission or the division, but shall be kept confidential. Any person seeking to invoke the protection of this subsection (2) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data.     History. Source: L. 81: Entire article R&RE, p. 1326, § 1, effective July 1. L. 88: (1) amended, p. 1020, § 4, effective July 1.
CO Code § 25-8-406 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 4 - Procedures|§ 25-8-406. Administrative Stays - Renewal Permits

 If a permittee requests a hearing pursuant to section 24-4-105 , C.R.S., challenging final action by the division in regard to any terms and conditions of a renewal permit, said permit shall become effective in its entirety unless a stay is granted pursuant to this section. The division may stay any contested terms and conditions of a permit for good cause shown. The division shall act on any stay request within ten days of receipt thereof. Any stay granted under this section shall expire when a final determination is made after the conclusion of the hearing held pursuant to section 24-4-105 , C.R.S. During the period of any such stay, the corresponding terms and conditions of the prior permit shall be in effect. Action by the division granting or denying a stay pursuant to this section shall be final agency action subject to de novo determination pursuant to section 25-8-404 .   History. Source: L. 85: Entire section added, p. 909, § 9, effective June 4.
CO Code § 25-8-503.5 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 5 - Permit System|§ 25-8-503.5. General Permits - Process for Changing Permit Requirements

  With respect to a general permit listed in section 25-8-502 (1)(b)(I)(G), when proposing new or amended permit requirements for dischargers to meet, to obtain, or to maintain authorization for discharges under the permit, the division shall:   Prepare a statement of basis and purpose explaining the need for the proposed requirements;    Present evidence supporting the need for the proposed requirements, including information regarding pollutant potential and available controls, incidents of environmental damage, and permit violations;    Before implementing the proposed requirements, provide public notice of, and consider comments received from affected parties about, the proposed requirements; and    Upon request by an affected party, consider and give due weight to a cost-benefit analysis:   Received by the division during the comment phase set forth in paragraph (c) of this subsection (1);    Concerning one or more proposed requirements that are not already required by federal or state statute or rule;    Prepared by a third party chosen from an approved list of analysts, as developed by the division in consultation with representatives of the industries that are subject to general permitting; and    Paid for by the affected party.          Nothing in subsection (1) of this section confers rule-making authority on the division.    A party may appeal a general permit issued under section 25-8-502 (1)(b)(I)(G) pursuant to the appeals process set forth in section 24-4-105, C.R.S.     History. Source: L. 2013: Entire section added, (SB 13-073), ch. 385, p. 2251, § 1, effective June 5.
CO Code § 25-8-504 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 5 - Permit System|§ 25-8-504. Agricultural Wastes

  Neither the commission nor the division shall require any permit for any flow or return flow of irrigation water into state waters except as may be required by the federal act or regulations. The provisions of any permit that are so required shall not be any more stringent than, and shall not contain any condition for monitoring or reporting in excess of, the minimum required by the federal act or regulations.      Neither the commission nor the division shall require any permit for animal or agricultural waste on farms, ranches, and horticultural or floricultural operations, except as may be required by the federal act or regulations. The provisions of any permit that are so required shall not be any more stringent than, and shall not contain any condition for monitoring or reporting in excess of, the minimum required by the federal act or regulations.    Nothing in paragraph (a) of this subsection (2), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.       No permit or fee shall ever be required pursuant to this part 5 for the diversion of water from natural surface streams.    Nothing in this section shall be construed to affect the requirement of permits for housed commercial swine feeding operations pursuant to section 25-8-501.1.      History. Source: L. 81: Entire article R&RE, p. 1332, § 1, effective July 1. Initiated 98: (4) added, effective upon proclamation of the Governor, December 30, 1998. L. 2005: (2) amended, p. 350, § 7, effective August 8.    Editor's note:    Subsection (4) was enacted by an initiated measure that was adopted by the people at the general election held November 3, 1998. The measure enacting subsection (4) was effective upon the proclamation of the Governor, December 30, 1998.    The vote count on the measure at the general election held November 3, 1998, was as follows:     FOR: :u780 790,852   AGAINST: :u780 438,873   ANNOTATION   Law reviews. For article, “The Emerging Relationship Between Environmental Regulations and Colorado Water Law”, see 53 U. Colo. L. Rev. 597 (1982).
CO Code § 25-8-505 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 8 - Water Quality Control|Part 5 - Permit System|§ 25-8-505. Permit Conditions Concerning Publicly Owned Wastewater Treatment Works

 The division is authorized to impose, as conditions in permits for the discharge of pollutants from publicly owned wastewater treatment works, appropriate measures to establish and insure compliance by industrial users with any system of user charges or industrial cost recovery.   History. Source: L. 81: Entire article R&RE, p. 1332, § 1, effective July 1.    Cross references:   For circumstances that will result in the repeal of this section, see § 25-8-507 .   ANNOTATION   Law reviews. For article, “Liabilities of Nonoperating Mineral Interest Owners”, see 51 U. Colo. L. Rev. 153 (1980).   Applied in Nat'l Wildlife Fed'n v. Cotter Corp., 646 P.2d 393 (Colo. App. 1981).