reglab/housing_qa huggingface dataset:
CO Code § 25-15-304 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-304. Hazardous Waste Service Fund Created

  There is created in the state treasury a hazardous waste service fund, which shall consist of fees collected pursuant to section 25-15-302 (3.5) to reimburse the state for its annual program expenses incurred in the maintenance, monitoring, and other supervision of the lands and facilities used for the storage, treatment, and disposal of hazardous waste. Such money shall be appropriated annually to the department by the general assembly which shall review such expenditures to assure that they are used to accomplish the purposes of this section. All unappropriated balances in the hazardous waste service fund shall remain therein and shall not revert to the general fund.    Notwithstanding subsection (1) of this section, on June 30, 2020, the state treasurer shall transfer four hundred twenty-two thousand four hundred eleven dollars from the hazardous waste service fund to the general fund.     History. Source: L. 81: Entire article R&RE, p. 1357, § 1, effective July 1. L. 2000: Entire section amended, p. 1071, § 5, effective July 1. L. 2020: Entire section amended,(HB 20-1406), ch. 178, p. 813, § 15, effective June 29.    Editor's note:   Although the act repealing and reenacting this article was effective July 1, 1981, this section was not effective until November 2, 1984. (See § 25-15-102 (3) .)
CO Code § 25-15-306 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-306. Local Control of Facilities - Authorization by Department - Allocation of Fees

 The department may enter into an agreement with a county, a city and county, or a municipality within whose jurisdiction is located one or more hazardous waste treatment, storage, or disposal sites or facilities for such local government to provide inspection, monitoring, and emergency response for such sites and facilities. The department shall make available to any such local government a reasonable portion of the fees appropriated from the hazardous waste service fund for conducting such functions. The department shall have the power to reassume any such function granted a local government if it appears to the department that the appropriate expertise is unavailable or that the resources provided are not appropriately applied for the agreed purpose, or if the department and the local government mutually so agree.   History. Source: L. 81: Entire article R&RE, p. 1357, § 1, effective July 1.    Editor's note:   Although the act repealing and reenacting was effective July 1, 1981, this section was not effective until November 2, 1984. (See § 25-15-102 (3) .)
CO Code § 25-15-307 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-307. Coordination With Other Programs

  The department shall coordinate the hazardous waste program with all other programs within the department and with other agencies of federal, state, or local government which are related to hazardous waste.    For the purposes of the administration and enforcement of this part 3, the department shall coordinate its activities with those of the Colorado state patrol relating to the transportation of hazardous materials. Rules and regulations of the commission relating to the transportation of hazardous waste shall be consistent with the rules and regulations of the Colorado state patrol on the transportation of hazardous materials promulgated pursuant to article 20 of title 42, C.R.S.     History. Source: L. 81: Entire article R&RE, p. 1357, § 1, effective July 1. L. 87: (2) amended, p. 1570, § 4, effective July 1. L. 92: (2) amended, pp. 1246, 1260, §§ 9, 24, effective August 1. L. 94: (2) amended, p. 2563, § 72, effective January 1, 1995.    Editor's note:   Although the act repealing and reenacting this article was effective July 1, 1981, this section was not effective until November 2, 1984. (See § 25-15-102 (3) .)
CO Code § 25-15-311 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-311. Disposition of Fines and Penalties

 All receipts from penalties or fines collected under the provisions of sections 25-15-309 and 25-15-310 shall be credited to the general fund of the state.   History. Source: L. 81: Entire article R&RE, p. 1358, § 1, effective July 1.    Editor's note:   Although the act repealing and reenacting this article was effective July 1, 1981, this section was not effective until November 2, 1984. (See § 25-15-102 (3) .)
CO Code § 25-15-313 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-313. Right to Claim Reimbursement

  A public entity, political subdivision of the state, or unit of local government is hereby given the right to claim reimbursement from the parties or persons responsible for the hazardous waste abandonment or hazardous waste spill for costs resulting from action taken to remove, contain, or otherwise mitigate the effects of a hazardous waste abandonment or hazardous waste spill.    As used in this section, “abandonment” means the act of leaving a thing with the intent not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.    Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provision of law.    Claims for reimbursement made pursuant to this section shall be in accordance with article 22 of title 29, C.R.S.     History. Source: L. 83: Entire section added, p. 1106, § 1, effective June 3.
CO Code § 25-15-314 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-314. Solid and Hazardous Waste Commission Funding

  The commission is hereby authorized to promulgate rules regarding the following:     The establishment of fees to offset the reasonable costs actually associated with the operations of the commission. Such fees may be imposed upon generators and transporters of hazardous wastes and upon facilities that treat, store, or dispose of hazardous wastes. Such fees may be based upon a consideration of the quantity of hazardous wastes that is generated, transported, treated, stored, or disposed and the impact on small businesses. The fees imposed by this subparagraph (I) shall not exceed an amount equal to one-half of the appropriation made by the general assembly annually pursuant to section 25-15-315. (a) (I) The establishment of fees to offset the reasonable costs actually associated with the operations of the commission. Such fees may be imposed upon generators and transporters of hazardous wastes and upon facilities that treat, store, or dispose of hazardous wastes. Such fees may be based upon a consideration of the quantity of hazardous wastes that is generated, transported, treated, stored, or disposed and the impact on small businesses. The fees imposed by this subparagraph (I) shall not exceed an amount equal to one-half of the appropriation made by the general assembly annually pursuant to section 25-15-315.    In addition to the fees imposed pursuant to subparagraph (I) of this paragraph (a), an amount equal to one-half of the appropriation made by the general assembly annually pursuant to section 25-15-315 shall be appropriated from the solid waste management fund created in section 30-20-118, C.R.S., to be expended for the commission's direct and indirect costs pursuant to this article.       The establishment of a nominal filing fee to help defray reasonable administrative costs actually associated with processing petitions for interpretive rulings pursuant to sections 25-15-305 and 25-15-308. No filing fee established pursuant to the provisions of this paragraph (b) shall exceed one hundred dollars.       All moneys collected pursuant to this section by the commission shall be transmitted to the state treasurer, who shall credit the same to the solid and hazardous waste commission fund created pursuant to section 25-15-315.      History. Source: L. 92: Entire section added, p. 1253, § 13, effective August 1. L. 2006: (1)(a) and (2) amended, p. 1132, § 11, effective July 1.
CO Code § 25-15-315 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-315. Solid and Hazardous Waste Commission Fund - Creation

 There is hereby established in the state treasury a fund to be known as the solid and hazardous waste commission fund, which shall consist of moneys collected pursuant to section 25-15-314 . All moneys in such fund shall be subject to annual appropriation by the general assembly to the department for the purpose of covering the reasonable costs actually associated with the operation of the solid and hazardous waste commission. All moneys in the solid and hazardous waste commission fund that are not appropriated shall remain in such fund and shall not be transferred or revert to the general fund at the end of any fiscal year. In accordance with section 24-36-114 , C.R.S., all interest derived from the deposit and investment of moneys in the solid and hazardous waste commission fund shall be credited to the general fund.   History. Source: L. 92: Entire section added, p. 1254, § 13, effective August 1. L. 2005: Entire section amended, p. 287, § 32, effective August 8. L. 2006: Entire section amended, p. 1132, § 12, effective July 1.
CO Code § 25-15-316 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-316. Prior Acts Validated and Rules Continued

  All acts, orders, and rules adopted by the state board of health under the authority of this article prior to August 1, 1992, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with this article, be deemed and held to be legal and valid in all respects, as though issued by the commission under the authority of this article. No provision of this part 3 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.    All acts, orders, and rules adopted by the state board of health under the authority of part 1 of article 20 of title 30, C.R.S., prior to July 1, 2006, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with said provisions, be deemed and held to be legal and valid in all respects, as though issued by the commission under the authority of said provisions. No provision of this part 3 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.     History. Source: L. 92: Entire section added, p. 1254, § 13, effective August 1. L. 2006: Entire section amended, p. 1132, § 13, effective July 1.
CO Code § 25-15-317 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-317. Legislative Declaration

 The general assembly declares that it is in the public interest to ensure that environmental remediation projects protect human health and the environment. The general assembly finds that environmental remediation projects may leave residual contamination at levels that have been determined to be safe for a specific use, but not all uses, and may incorporate engineered structures that must be maintained or protected against damage to remain effective. The general assembly finds that in such cases, it is necessary to provide an effective and enforceable means of ensuring the conduct of any required maintenance, monitoring, or operation, and of restricting future uses of the land, including placing restrictions on drilling for or pumping groundwater for as long as any residual contamination remains hazardous. The general assembly, therefore, declares that it is in the public interest to create environmental covenants and notices of environmental use restrictions because such covenants and restrictive notices are necessary for the protection of human health and the environment.   History. Source: L. 2001: Entire section added, p. 452, § 2, effective July 1. L. 2008: Entire section amended, p. 169, § 2, effective March 24.
CO Code § 25-15-318 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-318. Nature of Environmental Covenants

  An environmental covenant shall be perpetual unless by its terms it is limited to a specific duration, unless the department approves a request to terminate or modify it pursuant to section 25-15-319 (1)(h), or unless it is terminated by a court of competent jurisdiction. An environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed or through adverse possession, nor may an environmental covenant be extinguished, limited, or impaired by reason of the doctrines of abandonment, waiver, lack of enforcement, or other common law principles relating to covenants, or by the exercise of eminent domain.    Notwithstanding any other provision of law, including any common-law requirement for privity of estate, an environmental covenant shall run with the land and shall bind the owner of the land, the owner's successors and assigns, and any person using the land. An environmental covenant shall not be deemed unenforceable on the basis of:   A lack of privity of contract;    A lack of benefit to a particular parcel of land;    Failure of the environmental covenant to expressly state that it runs with the land; or    Any other inconsistency with common-law requirements applicable to common-law covenants.       The requirements and restrictions of an environmental covenant are requirements under this part 3 but may only be enforced as provided in section 25-15-322. The creation of an environmental covenant does not trigger the application of any other requirement of this part 3.    The department shall not acquire any liability under state law by virtue of accepting an environmental covenant, nor shall any named beneficiary of an environmental covenant acquire any liability under state law by virtue of being such a beneficiary.     History. Source: L. 2001: Entire section added, p. 453, § 2, effective July 1. L. 2008: (2) amended, p. 170, § 3, effective March 24.
CO Code § 25-15-318.5 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-318.5. Nature of a Notice of Environmental Use Restrictions

  A notice of environmental use restrictions is an agency action based on the state's police power.    A notice of environmental use restrictions is binding on current and subsequent owners of the affected land and any person using or possessing an interest in the land.    The requirements and restrictions contained in a notice of environmental use restrictions are requirements under this part 3, but may be enforced only as provided in section 25-15-322. The creation of a notice of environmental use restrictions does not trigger the application of any other requirement of this part 3.     History. Source: L. 2008: Entire section added, p. 170, § 4, effective March 24.
CO Code § 25-15-321 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-321. Creation, Modification, and Termination of an Environmental Covenant

  An environmental covenant under this part 3 may be created only by the owner of the property through a written grant to the department by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such a restriction under this article.    The department is authorized to accept, refuse to accept, conditionally accept, hold, modify, and terminate environmental covenants.    Instruments creating, modifying, or terminating an environmental covenant shall be recorded as any other instrument affecting title to and interests in real property.    If the only uses allowed under the proposed environmental covenant are prohibited by existing ordinance or resolution, the department shall condition its acceptance of the covenant upon the applicant's demonstration that such applicant has obtained approval from the relevant authority that would allow for one or more of the proposed uses.    Persons proposing to create, modify, or terminate an environmental covenant shall provide written notice of their intention to all persons holding an interest of record in the real property that will be subject to the environmental covenant, to all persons known to them to have an unrecorded interest in the property, and to all affected persons in possession of the property prior to such creation, modification, or termination, and shall provide the department with:   A copy of the notice provided;    A list of the persons to whom notice was given and the address or other location to which the notice was directed; and    Such title information as the department may require.       The department shall review and make a determination regarding all applications for creating, modifying, or terminating an environmental covenant within sixty days after receipt of such application, including the information described in subsection (5) of this section.    Any determination by the department regarding a proposal to create, modify, or terminate an environmental covenant shall be subject to appeal in accordance with section 25-15-305.     History. Source: L. 2001: Entire section added, p. 456, § 2, effective July 1. L. 2008: (6) amended, p. 173, § 7, effective March 24.
CO Code § 25-15-322 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-322. Enforcement - Remedies

  An environmental covenant or restrictive notice imposed at any environmental remediation project shall be enforceable as provided in this section, even if the environmental remediation project is not otherwise subject to this part 3.    In the event of an actual or threatened failure to comply with an environmental covenant or restrictive notice, the department may issue an order under this section requiring compliance with the terms of the environmental covenant or restrictive notice and may request the attorney general to bring suit in district court to enforce the terms of the environmental covenant or restrictive notice, to enforce the order issued pursuant to this section, or to seek other appropriate injunctive relief. An administrative order issued under this subsection (2) shall be subject to appeal in accordance with section 25-15-308.    If a court of competent jurisdiction determines that an environmental covenant or restrictive notice is void or otherwise unenforceable, the department may take such action as may be authorized by any other law.    The grantor of an environmental covenant may file suit in district court to enjoin actual or threatened violations of the covenant. Any third-party beneficiary specifically named in an environmental covenant or restrictive notice may file suit in district court to enjoin actual or threatened violations of the covenant or restrictive notice. The person who requested creation of a restrictive notice may file suit in district court to enjoin actual or threatened violations of the restrictive notice.    An affected local government, as defined in section 25-15-324, may file suit in district court to enjoin actual or threatened violations of any environmental covenant or restrictive notice that applies to land within its jurisdiction.    (Deleted by amendment,L. 2008, p. 174, § 9, effective March 24, 2008.)    A court of competent jurisdiction is authorized to issue orders requiring compliance with an environmental covenant or restrictive notice, to enjoin actual or threatened violations of environmental covenants or restrictive notices, and to grant such other injunctive relief as it may deem appropriate.     History. Source: L. 2001: Entire section added, p. 457, § 2, effective July 1. L. 2008: Entire section amended, p. 174, § 9, effective March 24.
CO Code § 25-15-323 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-323. Registry of Environmental Covenants and Notices of Environmental Use Restrictions

 The department shall create and maintain a registry of all environmental covenants and notices of environmental use restrictions, including any modification or termination thereof.   History. Source: L. 2001: Entire section added, p. 458, § 2, effective July 1. L. 2008: Entire section amended, p. 175, § 10, effective March 24.
CO Code § 25-15-324 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-324. Coordination With Affected Local Governments

  For purposes of this part 3, “affected local government” means every county, city and county, or municipality in which land subject to an environmental covenant or restrictive notice is located. The department shall provide each affected local government with a copy of every environmental covenant and restrictive notice within such local government's jurisdiction and shall also provide a copy of any documents modifying or terminating such environmental covenant or restrictive notice.    Whenever an affected local government receives an application affecting land use or development of land that is subject to an environmental covenant or restrictive notice and that may relate to or impact such covenant or restrictive notice, the affected local government shall notify the department of the application. The department shall evaluate whether the application is consistent with the environmental covenant or restrictive notice and shall notify the affected local government of the department's determination in a timely fashion, considering the time frame for the local government's review of the application.     History. Source: L. 2001: Entire section added, p. 458, § 2, effective July 1. L. 2008: Entire section amended, p. 175, § 11, effective March 24.
CO Code § 25-15-325 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-325. Other Interests Not Impaired

 Except as specifically provided in an environmental covenant or restrictive notice or pursuant to section 25-15-326 , no transfer of a water right or any change of a point of diversion at any time, nor any interest in real property cognizable under statute, common law, or custom in effect in this state prior to July 1, 2001, nor any lease or sublease thereof at any time shall be impaired, invalidated, or in any way adversely affected by sections 25-15-317 to 25-15-326 . All interests not transferred or conveyed in the environmental covenant shall remain in the grantor of the environmental covenant, including the right to engage in all uses of the lands affected by the environmental covenant that are not inconsistent with the environmental covenant and not expressly prohibited by the environmental covenant or by law.   History. Source: L. 2001: Entire section added, p. 458, § 2, effective July 1. L. 2008: Entire section amended, p. 175, § 12, effective March 24.