CO Code § 25-15-301 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 15 - Hazardous Waste|Part 3 - State Hazardous Waste Management Program|§ 25-15-301. Powers and Duties of Department

  The department shall be the entity in the state responsible for the regulation of hazardous waste management; however, the department may, in accordance with section 25-15-306, enter into agreements with local governments to conduct specified activities involving monitoring, inspections, and technical services but not permit issuance or enforcement.    Pursuant to rules and regulations as provided for in section 25-15-302, the department shall:   Issue permits for treatment, storage, and disposal facilities, provide for the inspection of such operations, and enforce the limitations and conditions of such permits, including any conditions and schedules established to correct noncompliance; and    Assure that all generators, transporters, storers, treaters, and disposers of hazardous waste have received appropriate identification by the department, use a manifest system, and provide periodic reports on wastes manifested.       The department, by its duly authorized representatives, shall have the power to enter and inspect any property, premises, or place in which hazardous waste is reasonably believed to be located or in which relevant records may be located for the purpose of determining the compliance or noncompliance with any provision of this part 3, any rules and regulations promulgated pursuant to this part 3, or any order or permit, or term or condition thereof, issued pursuant to this part 3. Unless an emergency exists or the department has reason to believe that any unlawful activity is being conducted or will be conducted, the department shall provide prior notification of such inspection, which inspection shall be during normal business hours. If such entry or inspection is denied or not consented to and no emergency exists, the department is empowered to and shall obtain from the district court for the judicial district in which such property, premises, or place is located a warrant to enter and inspect any such property, premises, or place prior to entry and inspection. The district courts of this state are empowered to issue such warrants upon a showing that such entry and inspection is required to verify that the purposes of this part 3 are being carried out. Any information relating to proprietary processes or methods of manufacture or production obtained in the course of the inspection shall be kept confidential in accordance with section 24-72-204 (3)(a)(IV), C.R.S., of the open records law. If samples are taken, the owner and operator of the premises from which such samples are taken shall be entitled to a receipt for such samples and, upon request, a sufficient portion to perform an analysis equivalent to that which the department may perform.      In the event of an emergency involving hazardous waste which presents an immediate and substantial threat to the public health and safety or the environment, the department shall have the authority to issue such orders as may be appropriate to protect the public health and safety or the environment, including emergency authorization to transport, treat, store, or dispose of hazardous waste.    Any person against whom an emergency order is issued pursuant to this subsection (4) shall be entitled to an immediate hearing as provided in section 24-4-105 (12), C.R.S.       In order to provide for the essential long-term care of hazardous waste consistent with adequate protection of the public health and safety and the environment, the department may acquire by gift, purchase, transfer from another state department or agency, or other transfer any and all lands, buildings, and grounds that have been designated as a hazardous waste site and may lease such properties to others for hazardous waste management. Any such acquisition shall be subject to the provisions of section 25-15-303 (4).      History. Source: L. 81: Entire article R&RE, p. 1352, § 1, effective July 1. L. 83: (3) amended, p. 1101, § 19, effective November 2, 1984. L. 92: (3) amended, p. 1236, § 4, effective August 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) .)   ANNOTATION   Law reviews. For article, “Regulation of Spills of Hazardous Materials”, see 12 Colo. Law. 277 (1983).   County exercises a separate power from that of the department of public health and environment in the issuance of permits under this section, and therefore has standing to challenge the department's permitting decisions. Adams Bd. of County Comm'rs v. Colo. Dept. of Pub. Health & Env't, 218 P.3d 336 (Colo. 2009).   Exclusive authority for enforcement of § 25-15-301 et seq. is the department of health, and attorney general has no authority to bring suit for violations except upon request of the department. Harris v. Jefferson County Court, 808 P.2d 364 (Colo. App. 1991).