reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-104.2 - Contracting - rules

(1)
The board may select and appoint one or more independent nonprofit corporations to carry out the administration of the program and examinations. The board may promulgate a rule establishing the scope and standards of the independent nonprofit corporation's duties. The contract must specifically address each duty or function required by law.
(2)
To qualify for consideration to administer the duties of this section, a nonprofit corporation must have expertise in training and testing procedures as well as demonstrated knowledge of water and wastewater treatment, collection, and distribution systems.
(3)
With the prior approval of the board for each agreement, a nonprofit corporation contracted by the board may enter into subsidiary agreements with other nonprofit corporations, educational institutions, and for-profit corporations to carry out the duties assigned by the board.
(4)
The board is responsible for and retains the final authority for all actions and decisions carried out on behalf of the board by a nonprofit corporation, educational institution, or for-profit corporation. The board may modify, suspend, or reverse any action or decision of any nonprofit corporation, educational institution, or for-profit corporation.
Added by 2013 Ch. 391,§ 5, eff. 7/1/2013.
L. 2013: Entire section added, (SB 13-150), ch. 391, p. 2273, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-104.3 - Duties of the division - investigations

The division shall investigate instances of possible misconduct by water and wastewater facility operators, report the results of any investigation to the board, and make recommendations regarding appropriate disciplinary action to the board.
Added by 2013 Ch. 391,§ 5, eff. 7/1/2013.
L. 2013: Entire section added, (SB 13-150), ch. 391, p. 2274, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-104.4 - Exemptions

(1)
The board may exempt wastewater facilities or classes of facilities from the requirement to operate under the supervision of a certified operator if the exemption does not endanger the public health or the environment. In determining whether to provide such an exemption, the board may consider the following criteria:
(a)
Discharges of limited duration;
(b)
The sensitivity of the receiving waters;
(c)
The level of toxic pollutants in the discharge; and
(d)
Situations where chemical, mechanical, or biological treatment techniques are not required to meet permit limits, including sedimentation ponds at mining operations for construction materials, as defined by section
34-32.5-103(3)
, C.R.S.
(2)
The board may exempt water facilities or classes of facilities from the requirement to operate under the supervision of a certified operator if the exemption does not endanger public health or the environment. In determining whether to provide such an exemption, the board may consider:
(a)
The classification of the facility as public or nonpublic under the Colorado primary drinking water regulation;
(b)
The applicability of the Colorado primary drinking water regulation to the facility or class of facilities; and
(c)
A distribution system having a minimal number of connections.
Added by 2013 Ch. 391,§ 5, eff. 7/1/2013.
L. 2013: Entire section added, (SB 13-150), ch. 391, p. 2274, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-105 - Water treatment facility operator

(1)
Persons who by specifically relevant examination, education, and experience are found to be qualified for certification as water treatment facility operators or water distribution system operators shall be certified as having the minimum qualifications required for each of the respective classes as established by the board by rules promulgated in accordance with article
4
of title
24
, C.R.S.
(a) to (d)
(Deleted by amendment, L. 2000, p. 771, § 5, effective May 23, 2000.)
L. 73: p. 749, § 1. C.R.S. 1963: § 66-38-5. L. 96: IP(1) and (1)(d) amended, p. 358, § 4, effective July 1. L. 2000: (1) amended, p. 771, § 5, effective May 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-106 - Domestic wastewater treatment facility operator

(1)
Persons who by specifically relevant examination, education, and experience are found to be qualified for certification as domestic wastewater treatment facility operators or wastewater collection system operators shall be certified as having the minimum qualifications required for each of the respective classes as established by the board by rules promulgated in accordance with article
4
of title
24
, C.R.S.
(a) to (d)
(Deleted by amendment, L. 2000, p. 772, § 6, effective May 23, 2000.)
L. 73: p. 749, § 1. C.R.S. 1963: § 66-38-6. L. 96: IP(1) and (1)(d) amended, p. 359, § 5, effective July 1. L. 2000: (1) amended, p. 772, § 6, effective May 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-106.2 - Industrial wastewater treatment facility operator

(1)
Persons who by specifically relevant examination, education, and experience are found to be qualified for certification as industrial wastewater treatment facility operators shall be certified as having the minimum qualifications required for each of the respective classes as established by the board by rules promulgated in accordance with article
4
of title
24
, C.R.S.
(a) to (c)
(Deleted by amendment, L. 2000, p. 773, § 7, effective May 23, 2000.)
L. 96: Entire section added, p. 359, § 6, effective July 1. L. 2000: (1) amended, p. 773, § 7, effective May 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-106.3 - Multiple facility operator

Persons who by specifically related examination, education, and experience are found to be qualified for certification in more than one category of facility operators shall be certified as having the minimum qualifications required for such applicable multiple facility operator classes as the board may establish by rules promulgated in accordance with article
4
of title
24
, C.R.S. Such classes of multiple facility operators shall be designed to minimize the number of separate examinations and separate operator certifications that must be held by persons working for small systems, persons in the private sector performing work for a municipality or industry, and other categories and classes where a multiple facility operator certification would be efficient and meet the goals of this article. Such multiple facility certifications may contain conditions established by the board restricting the certification to specific facilities, types of facilities, or activities.
L. 2000: Entire section added, p. 773, § 8, effective May 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-106.5 - Education and experience - substitution allowed

Water and wastewater facility operator applicants must have a high school diploma or have successfully completed the high school equivalency examination, as defined in section
22-33-102
(8.5), C.R.S.; except that experience or relevant training may be substituted for the high school diploma or successful completion of the high school equivalency examination. Education, training as established under section
25-9-104(2)
, and cross-experience may be substituted for experience requirements for certification as a water facility operator, as a water distribution system operator, as a domestic wastewater facility operator, as a wastewater collection system operator, as an industrial wastewater treatment facility operator, or as a multiple facility operator; except that at least fifty percent of any experience requirement must be met by actual on-site operating experience in a water facility or a wastewater facility, as the case may be. For the lowest classification of operator in each category, the board may establish rules allowing complete substitution of education for experience for any applicant who passes the applicable examination. For purposes of this section, "cross-experience" means that experience as a wastewater treatment facility operator may be substituted for experience requirements for certification as a water treatment facility operator and vice versa.
Amended by 2014 Ch. 102,§ 17, eff. 4/7/2014.
L. 77: Entire section added, p. 1296, § 1, effective May 26. L. 88: Entire section amended, p. 1043, § 1, effective July 1. L. 96: Entire section amended, p. 360, § 7, effective July 1. L. 2000: Entire section amended, p. 774, § 9, effective May 23. L. 2012: Entire section amended, (HB 12-1345), ch. 188, p. 749, § 40, effective May 19. L. 2014: Entire section amended, (SB 14-058), ch. 102, p. 383, § 17, effective April 7.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-108 - Fees - rules - fund created

(1)
(a)
Each application for certification shall be accompanied by a fee in the amount of fifteen dollars that is not refundable. The board shall adopt rules that set program fees in addition to the nonrefundable application fee in accordance with article
4
of title
24
, and the fees must reflect the actual costs of administering the program as set forth in section
25-9-104(1)
.
(b)
The water and wastewater facility operators fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the board may expend money from the fund for the administration of this article 9.
(c)
The fees may be collected and retained by a nonprofit corporation selected and appointed by the board pursuant to section
25-9-104.2
to pay for its actual costs to administer the program as approved by the board through duly adopted rules. However, any such nonprofit corporation shall remit to the state treasurer a portion of the fee in the amount of five dollars for each new and renewal certificate. The state treasurer shall credit the money to the fund pursuant to subsection (1)(b) of this section.
(d)
With the approval of the board, all money may be paid to the nonprofit corporation and, except for the five dollars for new and renewal certifications, may be retained by the nonprofit corporation to defray program expenses. Alternatively, if certification and renewal fees are received directly by the board, all money shall be deposited with the state treasurer pursuant to subsection (1)(b) of this section.
(2)
Notwithstanding the amount specified for any fee in subsection (1) of this section, the board by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section
24-75-402(3)
, C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the board by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section
24-75-402(4)
, C.R.S.
Amended by 2020 Ch. 273,§ 4, eff. 7/11/2020.
L. 73: p. 751, § 1. C.R.S. 1963: § 66-38-8. L. 98: Entire section amended, p. 1336, § 53, effective June 1. L. 2000: (1) amended, p. 775, § 11, effective May 23. L. 2020: (1) amended, (HB 20-1215), ch. 1336, p. 1336, § 4, effective July 11.
Section 6 of chapter 273 (HB 20-1215), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after July 11, 2020.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-109 - Use of title

Only a person who has been qualified by the board as a certified operator and who possesses a valid certificate attesting to this certification in this state shall have the right and privilege of using the title "certified water treatment facility operator, class ....", "certified domestic wastewater treatment facility operator, class ....", "certified industrial wastewater treatment facility operator, class ....", "certified wastewater collection system operator, class ....", "certified water distribution system operator, class ....", or "multiple facilities operator, class ....".
L. 73: p. 751, § 1. C.R.S. 1963: § 66-38-9. L. 96: Entire section amended, p. 361, § 9, effective July 1. L. 2000: Entire section amended, p. 776, § 12, effective May 23. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2104, §120, effective August 11.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 10 - ON-SITE WASTEWATER TREATMENT SYSTEMS ACT (§§ 25-10-101 — 25-10-113) › Section 25-10-101 - Short title

This article shall be known and may be cited as the "On-site Wastewater Treatment Systems Act".
L. 97: Entire article amended with relocations, p. 122, § 1, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 481, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 10 - ON-SITE WASTEWATER TREATMENT SYSTEMS ACT (§§ 25-10-101 — 25-10-113) › Section 25-10-102 - Legislative declaration

(1)
The general assembly declares it to be in the public interest to establish minimum standards and rules for on-site wastewater treatment systems in the state and to provide the authority for the administration and enforcement of those minimum standards and rules:
(a)
To preserve the environment and protect the public health and water quality;
(b)
To eliminate and control causes of disease, infection, and aerosol contamination; and
(c)
To reduce and control the pollution of the air, land, and water.
L. 97: Entire article amended with relocations, p. 122, § 1, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 481, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 10 - ON-SITE WASTEWATER TREATMENT SYSTEMS ACT (§§ 25-10-101 — 25-10-113) › Section 25-10-105 - Minimum standards - variances

(1)
Rules adopted by local boards of health under section
25-10-104(2) or (4)
or promulgated by the commission under section
25-10-104(1)
govern all aspects of the location, design, construction, performance, alteration, installation, and use of on-site wastewater treatment systems and must include minimum standards established by the commission.
(2)
(a)
A local board of health may grant variances to OWTS rules in accordance with the criteria adopted by the commission under this article.
(b)
Applicants for a variance from OWTS rules have the burden of supplying the local board of health with information demonstrating that conditions exist that warrant the granting of the variance.
Amended by 2013 Ch. 316,§ 78, eff. 8/7/2013.
L. 97: Entire article amended with relocations, p. 126, § 1, effective July 1. L. 2004: (1)(f) to (1)(h) and (1)(l) amended, p. 1312, § 61, effective May 28. L. 2006: (1)(g) and (2)(a) amended, p. 1130, § 8, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 485, § 1, effective August 8. L. 2013: (1) amended, (HB 13-1300), ch. 316, p. 1689, § 78, effective August 7.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 10 - ON-SITE WASTEWATER TREATMENT SYSTEMS ACT (§§ 25-10-101 — 25-10-113) › Section 25-10-107 - Fees - repeal

(1)
A local board of health may set fees for permits. The permit fees may be no greater than required to offset the actual indirect and direct costs of the local public health agency's services. With respect to any permit, the local board of health shall set the fee for the permit so as to recover, as nearly as can be practically established, the costs associated with that permit. Upon request, the local board of health shall provide the permittee with a statement that specifies how the permit fee was calculated. A local board of health may also set fees for soil evaluation and other services as requested by the applicant. The fees may be no greater than required to offset the actual indirect and direct costs of the services.
(2)
Local boards of health may set fees for percolation tests and other soil evaluation services that are performed by the local public health agency. The fees may be no greater than required to offset the actual indirect and direct costs of such services.
(3)
In addition to the fees established in this section, the division may assess a fee of twenty-three dollars for each permit authorized for a new, repaired, or upgraded on-site wastewater treatment system. Of that fee, the county in which the on-site wastewater treatment system is or will be located shall retain three dollars to cover the county's administrative costs and shall transmit twenty dollars to the state treasurer, who shall deposit that sum in the public and private utilities sector fund created in section
25-8-502
(1.5)(a)(V).
(4)
Subsection (3) of this section and this subsection (4) are repealed, effective July 1, 2026.
Amended by 2023 Ch. 216,§ 8, eff. 5/17/2023.
Amended by 2020 Ch. 20, § 1, eff. 9/14/2020.
Amended by 2017 Ch. 356, § 4, eff. 7/1/2017.
L. 97: Entire article amended with relocations, p. 130, § 1, effective July 1. L. 2007: (3) added, p. 1457, § 4, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 490, p. 490, § 1, effective August 8. L. 2017: (3) amended, (HB 17-1285), ch. 1878, p. 1878, § 4, effective July 1. L. 2020: (1) amended, (HB 20 -1094), ch. 76, p. 76, § 1, effective September 14.
The former § 25-10-107 was relocated to §
25-10-108
in 1997.
For the legislative declaration in HB 17-1285, see section 1 of chapter 356, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 10 - ON-SITE WASTEWATER TREATMENT SYSTEMS ACT (§§ 25-10-101 — 25-10-113) › Section 25-10-108 - Performance evaluation and approval of systems employing new technology

(1)
A systems contractor, a professional engineer, or a manufacturer of on-site wastewater treatment systems that employ new technology may apply to the division for a determination of reliability of the system. The division may hold a public hearing to determine whether the particular design or type of system, based upon improvements or developments in the technology of sewage treatment, has established a record of performance reliability that would justify approval of applications for such systems by the health officer without mandatory review by the local board of health. If the division determines, based upon reasonable performance standards and criteria, that reliability has been established, the division shall so notify each local board of health, and applications for permits for the systems may thereafter be acted upon by the health officer, the health officer's designated representative, or the local board of health's designated representative, in the same manner as applications for systems described in section
25-10-106
. The division shall not arbitrarily deny any person the right to a hearing on an application for a determination of reliability under this section.
(2)
Except for designs or types of systems that have been approved by the division pursuant to subsection (1) of this section, the local public health agency may approve an application for a type of system not otherwise provided for in section
25-10-106
, only if the system has been designed by a professional engineer and only if the application provides for the installation of a backup system, of a type previously approved by the division under subsection (1) of this section, in the event of failure of the primary system. A local public health agency shall not arbitrarily deny any person the right to consideration of an application for such a system and shall apply reasonable performance standards in determining whether to approve an application.
L. 97: Entire article amended with relocations, p. 131, § 1, effective July 1. L. 2004: Entire section amended, p. 1313, § 63, effective May 28. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 490, § 1, effective August 8.
This section is similar to former § 25-10-107 as it existed prior to 1997, and the former § 25-10-108 was relocated to §
25-10-109
.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 10 - ON-SITE WASTEWATER TREATMENT SYSTEMS ACT (§§ 25-10-101 — 25-10-113) › Section 25-10-109 - Licensing of systems contractors and systems cleaners

(1)
The local board of health may adopt rules that provide for the licensing of systems contractors. The local public health agency may charge a fee, not to exceed actual costs, for the initial license of a systems contractor and for a renewal of the license. Initial licensing and renewals thereof shall be for a period of not less than one year. The local board of health may revoke the license of a systems contractor for violation of this article or the rules adopted under this article or for other good cause shown, after a hearing conducted upon reasonable notice to the systems contractor and at which the systems contractor may be present, with counsel, and be heard.
(2)
The local board of health may adopt rules that provide for the licensing of systems cleaners, pursuant to section
25-10-104(2)
. The local public health agency may charge a fee, not to exceed actual costs, for the initial license of a systems cleaner and for the renewal of the license. Initial licensing and renewals thereof shall be for a period of not less than one year. The local board of health may suspend or revoke the license of a systems cleaner for violation of this article or the rules adopted under this article or for other good cause shown after a hearing conducted upon reasonable notice to the systems cleaner and at which the systems cleaner may be present, with counsel, and be heard.
L. 97: Entire article amended with relocations, p. 131, § 1, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 491, § 1, effective August 8.
This section is similar to former § 25-10-108 as it existed prior to 1997, and the former § 25-10-109 was relocated to §
25-10-110
.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 10 - ON-SITE WASTEWATER TREATMENT SYSTEMS ACT (§§ 25-10-101 — 25-10-113) › Section 25-10-110 - Enforcement by local public health agencies and local boards of health

The primary responsibility for the enforcement of this article and the rules adopted under this article lies with local public health agencies and local boards of health. If a local public health agency or local board of health substantially fails to administer and enforce this article and the rules adopted under this article, the department may assume any functions of the local public health agency or board of health as may be necessary to protect the public health and water quality.
L. 97: Entire article amended with relocations, p. 132, § 1, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 491, § 1, effective August 8.
This section is similar to former § 25-10-109 as it existed prior to 1997, and the former § 25-10-110 was relocated to §
25-10-111
.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 10 - ON-SITE WASTEWATER TREATMENT SYSTEMS ACT (§§ 25-10-101 — 25-10-113) › Section 25-10-111 - Authority of local boards of health to deny permits for on-site wastewater treatment systems in unsuitable areas

Nothing in this article preempts or affects the ability of a local board of health to prohibit issuance of OWTS permits, in accordance with applicable land use laws and procedures, for defined areas in which the local board of health determines that construction and use of additional on-site wastewater treatment systems may constitute a hazard to public health or water quality.
L. 97: Entire article amended with relocations, p. 132, § 1, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 491, § 1, effective August 8.
This section is similar to former § 25-10-110 as it existed prior to 1997, and the former § 25-10-111 was relocated to §
25-10-112
.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 10 - ON-SITE WASTEWATER TREATMENT SYSTEMS ACT (§§ 25-10-101 — 25-10-113) › Section 25-10-112 - General prohibitions - rules

(1)
No city, county, or city and county shall issue to any person:
(a)
A permit to construct or remodel a building or structure that is not serviced by a sewage treatment works until the local public health agency has issued a permit for an on-site wastewater treatment system; or
(b)
A city, county, or city and county occupancy permit for the use of a building that is not serviced by a sewage treatment works until the local public health agency makes a final inspection of the on-site wastewater treatment system, as provided for in section
25-10-106(1)(h)
, and the local public health agency approves the installation.
(2)
Construction of new cesspools is prohibited.
(3)
A person shall not connect more than one dwelling, commercial, business, institutional, or industrial unit to the same on-site wastewater treatment system unless such multiple connection was specified in the application submitted and in the permit issued for the system.
(4)
No person shall construct or maintain any dwelling or other occupied structure that is not equipped with adequate facilities for the sanitary disposal of sewage.
(5)
All persons shall dispose of septage removed from systems in the process of maintenance or cleaning at an approved site and in an approved manner under this article.
L. 97: Entire article amended with relocations, p. 132, § 1, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 492, § 1, effective August 8.
This section is similar to former § 25-10-111 as it existed prior to 1997, and the former § 25-10-112 was relocated to §
25-10-113
.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 1 - GENERAL PROVISIONS (§§ 25-11-101 — 25-11-114) › Section 25-11-101.5 - Coordination of regulatory interpretations regarding in situ leach uranium mining

The general assembly recognizes that the proper and orderly regulation of in situ leach mining, as defined in section
34-32-103
, C.R.S., for uranium ore has aspects that may involve more than one regulatory agency of state government and that the statutes that each agency is responsible for administering may, due to the use of terms of art and other technical words, phrases, and definitions, hold the potential of being interpreted inconsistently or to be held in conflict with each other. It is the intent of the general assembly that, with regard to in situ leach mining for uranium ore, the relevant agencies coordinate to the maximum extent practicable to resolve any such conflicts or inconsistencies.
L. 2010: Entire section added, (HB 10-1348), ch. 388, p. 1818, §1, effective June 8.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 1 - GENERAL PROVISIONS (§§ 25-11-101 — 25-11-114) › Section 25-11-102 - Agreements for transfer of functions from federal government to state government

(1)
The governor, on behalf of this state, is authorized, from time to time, to enter into agreements with the federal government providing for the assumption by this state through the department, and the discontinuance by the federal government, of any responsibilities within the state of Colorado relating to the protection of persons and property from the hazards of radioactive materials and other sources of radiation.
(2)
The governor, on behalf of this state, is authorized, from time to time, to enter into agreements with the federal government, other states, or interstate agencies whereby the department shall perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections or other functions relating to control of sources of radiation.
(3)
No such agreement entered into pursuant to the provisions of subsections (1) or (2) of this section shall transfer to, delegate to, or impose upon the department any power, authority, or responsibility that is not fully consistent with the provisions of this article.
L. 65: p. 716, § 2. C.R.S. 1963: § 66-26-2. L. 2010: (1) and (2) amended, (HB 10-1149), ch. 282, p. 1310, §2, effective May 26.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 1 - GENERAL PROVISIONS (§§ 25-11-101 — 25-11-114) › Section 25-11-105 - Radiation advisory committee

(1)
The governor shall appoint a radiation advisory committee of nine members, no more than four of whom represent any one political party and three of whom represent industry, three the healing arts, and three the public and private institutions of higher education. Members of the committee serve at the discretion of the governor and are reimbursed for necessary and actual expenses incurred in attendance at meetings or for authorized business of the committee. The committee shall furnish to the department such technical advice as may be desirable or required on matters relating to the radiation control program.
(2)
Repealed.
Amended by 2019 Ch. 5,§ 2, eff. 8/2/2019.
L. 65: p. 719, § 5. C.R.S. 1963: § 66-26-5. L. 86: Entire section amended, p. 420, § 43, effective March 26. L. 89: (2) repealed, p. 1147, § 3, effective April 6. L. 2019: (1) amended, (SB 19-045), ch. 26, p. 26, § 2, effective August 2.
For the legislative declaration in SB 19-045, see section 1 of chapter 5, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 1 - GENERAL PROVISIONS (§§ 25-11-101 — 25-11-114) › Section 25-11-105.5 - [Repealed]

L. 93: Entire section added, p. 702, § 5, effective July 1.
Subsection (2) provided for the repeal of this section, effective July 1, 1998. (See L. 93, p. 702.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 1 - GENERAL PROVISIONS (§§ 25-11-101 — 25-11-114) › Section 25-11-106 - Injunction proceedings

If, in the judgment of the department, any person has engaged in or is about to engage in an act or practice that constitutes a violation of this part 1 or of any license, registration, rule, or order issued under this part 1, the attorney general shall, at the request of the department, apply to the district court for an order enjoining the act or practice or for an order directing compliance with this part 1 and all rules and orders and the terms and conditions of a license or registration issued under this part 1.
L. 65: p. 719, § 6. C.R.S. 1963: § 66-26-6. L. 79: Entire section amended, p. 1065, § 4, effective July 1; entire section amended, p. 1071, § 6, effective 1/1/1980. L. 2010: Entire section amended, (HB 10 -1149), ch. 282, p. 1315, § 5, effective May 26.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 1 - GENERAL PROVISIONS (§§ 25-11-101 — 25-11-114) › Section 25-11-108 - Exemptions

(1)
Sections
25-11-103
and
25-11-104
do not apply to the following sources or conditions:
(a)
Electrical or other equipment or material that is not intended primarily to produce radiation and that, by nature of design, does not produce radiation at the point of nearest approach at a weekly rate higher than one-tenth the appropriate limit generally accepted by the medical profession for any critical organ exposed. The production testing or production servicing of such equipment shall not be exempt.
(b)
Radiation machines during process of manufacture or in storage or transit. The production testing or production servicing of such machines shall not be exempt.
(c)
Repealed.
(d)
Sound and radio waves and visible infrared and ultraviolet light.
(2)
No exemptions under this section are granted for those quantities or types of activities which do not comply with the established rules and regulations promulgated by the atomic energy commission or any successor thereto.
(3)
Section
25-11-107
shall not apply to unmined minerals containing radioactive materials including such as are involved in mining operations.
(4)
(Deleted by amendment, L. 2010, (HB 10-1149), ch. 1320, p. 1320, § 7, effective May 26, 2010.)
(5)
Any person may file application for exemption under this section for activities including, but not limited to, licensed sources of radiation for educational or noncommercial public displays or scientific collections.
Amended by 2015 Ch. 79, § 4, eff. 8/5/2015.
L. 65: p. 719, § 8. C.R.S. 1963: § 66-26-8. L. 79: (3) amended and (4) and (5) added, p. 1066, § 6, effective July 1. L. 2001: (1)(c) amended, p. 1275, § 38, effective June 5. L. 2010: (3) and (4) amended, (HB 10 -1149), ch. 282, p. 1320, §7, effective May 26. L. 2015: IP(1) amended and (1)(c) repealed, (HB 15-1145), ch. 79, p. 221, § 4, effective August 5.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 1 - GENERAL PROVISIONS (§§ 25-11-101 — 25-11-114) › Section 25-11-109 - [Repealed]

Repealed by 2015 Ch. 79,§5, eff. 8/5/2015.
L. 79: Entire section added, p. 1066, § 7, effective July 1. L. 2003: Entire section amended, p. 711, § 44, effective July 1. L. 2015: Entire section repealed, (HB 15-1145), ch. 79, p. 221, § 5, effective August 5.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 1 - GENERAL PROVISIONS (§§ 25-11-101 — 25-11-114) › Section 25-11-114 - Legislative declaration - public education regarding radon gas - assistance to low-income individuals for radon mitigation in their homes

(1)
The general assembly finds, determines, and declares that:
(a)
Radon, an odorless, colorless, radioactive gas, is the leading cause of lung cancer deaths among nonsmokers in the nation and is the second leading cause of lung cancer deaths overall;
(b)
Radon originates from the decay of naturally occurring uranium in Colorado granite, soil, and bedrock and can accumulate in structures at dangerous risk levels to humans;
(c)
Indoor radon ranks among the most serious environmental health problems;
(d)
Colorado ranks seventh in the nation for highest potential radon risk;
(e)
All of Colorado's counties are at high risk for radon, and fifty percent of Colorado homes have radon levels that should be mitigated;
(f)
An estimated five hundred Coloradans die from radon-induced lung cancer annually, causing more deaths than drunk driving, house fires, carbon monoxide, and drowning combined; and
(g)
Increased education and awareness of the harmful effects of radon exposure will help save the lives of Coloradans and reduce the burden of health-care costs from radon-induced lung cancer.
(2)
The department shall establish a radon education and awareness program. As a part of the program, the department shall:
(a)
Provide radon information and education statewide to citizens, businesses, and others in need of information;
(b)
Work collaboratively with radon contractors and citizens to resolve questions and concerns regarding the installation of safe, healthy, and efficient radon mitigation systems; and
(c)
Collaborate with local governments to provide information on best practices for radon mitigation strategies.
(3)
Effective January 1, 2017, the department shall establish a radon mitigation assistance program to provide financial assistance to low-income individuals for radon mitigation in their homes. The state board of health shall set the program requirements, including eligibility requirements for financial assistance.
(4)
The department shall use money in the hazardous substance response fund, established in section
25-16-104.6
, to finance the radon education and awareness program and the radon mitigation assistance program.
Added by 2016 Ch. 128,§ 1, eff. 8/10/2016.
L. 2016: Entire section added, (HB 16-1141), ch. 128, p. 364, § 1, effective August 10.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 2 - URANIUM OR THORIUM FACILITIES (§§ 25-11-201 — 25-11-203) › Section 25-11-202 - Disposal of foreign radioactive waste prohibited

The disposal of any radioactive waste which originates or has been used outside this state and has not been used in this state is prohibited except as provided in section
25-11-203
.
L. 79: Entire part added, p. 1067, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 3 - DISPOSAL OF URANIUM MILL TAILINGS (§§ 25-11-301 — 25-11-305) › Section 25-11-301 - Legislative declaration

(1)
The general assembly hereby finds and declares that the existence of uranium mill tailings at active and inactive mill operations poses a potential and significant radiation health hazard. This part 3 is therefore enacted to protect the public health, safety, and welfare by cooperating with the federal government in providing for the stabilization, disposal, and control of such tailings in a safe and environmentally sound manner to prevent or minimize other environmental impacts from such tailings.
(2)
The general assembly recognizes the need for the state to expend such funds as are necessary to provide land annotation and site information for purposes of protecting prospective purchasers or users of mill sites designated for cleanup pursuant to public law 95-604. The general assembly therefore declares its intent to assist local governments with the identification, removal, storage, and disposal of tailing deposits associated with such designated mill sites for which remedial action is not taken pursuant to the federal "Uranium Mill Tailings Radiation Control Act of 1978".
L. 79: Entire part added, p. 1069, § 1, effective 1/1/1980. L. 97: Entire section amended, p. 337, § 2, effective April 16.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 3 - DISPOSAL OF URANIUM MILL TAILINGS (§§ 25-11-301 — 25-11-305) › Section 25-11-302 - Terms defined

For the purposes of this part 3, the terms "processing site" and "residual radioactive material" shall have the meanings specified in section 101 (6) and (7), respectively, of Public Law 95-604, as from time to time amended.
L. 79: Entire part added, p. 1069, § 1, effective 1/1/1980.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 3 - DISPOSAL OF URANIUM MILL TAILINGS (§§ 25-11-301 — 25-11-305) › Section 25-11-303 - Authorization to participate - implementation

(1)
The general assembly hereby authorizes the department of public health and environment to participate in federal implementation of the "Uranium Mill Tailings Radiation Control Act of 1978", and for such purpose the department has the authority to:
(a)
Enter into cooperative agreements with the secretary of energy to perform remedial actions at processing sites designated by the secretary;
(b)
Obtain written consent from the record owner of a designated processing site to perform remedial actions at such site;
(c)
Provide for reimbursement for the actual cost of any remedial action in accordance with the terms of Public Law 95-604;
(d)
Repealed.
(e)
Participate in the selection and performance of remedial actions in which the state pays a portion of the cost;
(f)
Participate in the following activities for which the state may pay any portion or all of the costs:
(I)
Land annotation and information gathering, identification, removal, and disposal of tailing deposits associated with mill sites designated for cleanup pursuant to public law 95-604 that remain outside of the disposal cells constructed for remedial purposes pursuant to the federal "Uranium Mill Tailings Radiation Control Act of 1978"; and
(II)
The groundwater restoration phase of the federal "Uranium Mill Tailings Radiation Control Act of 1978".
Amended by 2015 Ch. 79, § 9, eff. 8/5/2015.
Amended by 2013 Ch. 316, § 79, eff. 8/7/2013.
L. 79: Entire part added, p. 1069, § 1, effective 1/1/1980. L. 86: (1)(d) R&RE, p. 980, § 1, effective May 16. L. 94: IP(1) amended, p. 2791, § 528, effective July 1. L. 97: (1)(f) added, p. 337, § 3, effective April 16. L. 2013: (1)(d)(IV) repealed, (HB 13-1300), ch. 316, p. 1689, § 79, effective August 7. L. 2015: (1)(d) repealed, (HB 15-1145), ch. 79, p. 228, § 9, effective August 5.
For the legislative declaration contained in the 1994 act amending the introductory portion to subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 3 - DISPOSAL OF URANIUM MILL TAILINGS (§§ 25-11-301 — 25-11-305) › Section 25-11-304 - Financial participation

(1)
The general assembly accepts the provisions of section 107 (a) of Public Law 95-604 requiring the state to pay ten percent of the actual cost of any remedial action and administrative costs from nonfederal moneys.
(2)
The state of Colorado may receive a share of the net profits derived from the recovery of minerals from residual radioactive materials at any designated processing site within the state in accordance with the provisions of section 108 (b) of Public Law 95-604.
L. 79: Entire part added, p. 1070, § 1, effective 1/1/1980.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 11 - RADIATION CONTROL (§§ 25-11-101 — 25-11-305) › Part 3 - DISPOSAL OF URANIUM MILL TAILINGS (§§ 25-11-301 — 25-11-305) › Section 25-11-305 - Restriction - termination

(1)
Nothing in this part 3 shall supersede the provisions of part 1 of this article.
(2)
The authority to participate in federal implementation of remedial actions at designated processing sites shall terminate at such time as the authority of the federal government to perform remedial action terminates under the provisions of section 112 (a) of Public Law 95-604.
L. 79: Entire part added, p. 1070, § 1, effective 1/1/1980.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 12 - NOISE ABATEMENT (§§ 25-12-101 — 25-12-110) › Section 25-12-101 - Legislative declaration

The general assembly finds and declares that noise is a major source of environmental pollution which represents a threat to the serenity and quality of life in the state of Colorado. Excess noise often has an adverse physiological and psychological effect on human beings, thus contributing to an economic loss to the community. Accordingly, it is the policy of the general assembly to establish statewide standards for noise level limits for various time periods and areas. Noise in excess of the limits provided in this article constitutes a public nuisance.
L. 71: p. 647, § 1. C.R.S. 1963: § 66-35-1.