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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 3 - ADMINISTRATION (§§ 25-8-301 — 25-8-311) › Section 25-8-310 - Education program - storm water

(1)
The division may develop education programs for use by state and local governmental entities.
(2)
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:
(a)
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;
(b)
The disposal of leaves, litter, pet wastes, and debris in street gutters and storm drains;
(c)
The disposal of used oil, antifreeze, paints, and other household chemicals in storm sewers or drains; and
(d)
Soil erosion on property due to lack of planting of ground cover and stabilization of erosion-prone areas.
(3)
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.
L. 2007: Entire section added, p. 1252, § 2, effective August 3.
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 4 - PROCEDURES (§§ 25-8-401 — 25-8-406) › Section 25-8-402 - Procedures to be followed in classifying state waters and setting standards and control regulations

(1)
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.
(2)
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.
(3)
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.
(4)
Standards or regulations promulgated pursuant to this section shall take effect as provided in section
24-4-103(5)
, C.R.S.
(5)
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.
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.
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 4 - PROCEDURES (§§ 25-8-401 — 25-8-406) › Section 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.
L. 81: Entire article R&RE, p. 1325, § 1, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 4 - PROCEDURES (§§ 25-8-401 — 25-8-406) › Section 25-8-405 - Samples - secret processes

(1)
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.
(2)
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.
L. 81: Entire article R&RE, p. 1326, § 1, effective July 1. L. 88: (1) amended, p. 1020, § 4, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 4 - PROCEDURES (§§ 25-8-401 — 25-8-406) › Section 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
.
L. 85: Entire section added, p. 909, § 9, effective June 4.
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 5 - PERMIT SYSTEM (§§ 25-8-501 — 25-8-509) › Section 25-8-503.5 - General permits - process for changing permit requirements

(1)
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:
(a)
Prepare a statement of basis and purpose explaining the need for the proposed requirements;
(b)
Present evidence supporting the need for the proposed requirements, including information regarding pollutant potential and available controls, incidents of environmental damage, and permit violations;
(c)
Before implementing the proposed requirements, provide public notice of, and consider comments received from affected parties about, the proposed requirements; and
(d)
Upon request by an affected party, consider and give due weight to a cost-benefit analysis:
(I)
Received by the division during the comment phase set forth in paragraph (c) of this subsection (1);
(II)
Concerning one or more proposed requirements that are not already required by federal or state statute or rule;
(III)
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
(IV)
Paid for by the affected party.
(2)
Nothing in subsection (1) of this section confers rule-making authority on the division.
(3)
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.
Added by 2013 Ch. 385,§ 1, eff. 6/5/2013.
L. 2013: Entire section added, (SB 13-073), ch. 385, p. 2251, § 1, effective June 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 5 - PERMIT SYSTEM (§§ 25-8-501 — 25-8-509) › Section 25-8-504 - Agricultural wastes

(1)
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.
(2)
(a)
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.
(b)
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.
(3)
No permit or fee shall ever be required pursuant to this part 5 for the diversion of water from natural surface streams.
(4)
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
.
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.
(1) 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.
(2) The vote count on the measure at the general election held November 3, 1998, was as follows:
FOR: 790,852
AGAINST: 438,873
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 5 - PERMIT SYSTEM (§§ 25-8-501 — 25-8-509) › Section 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.
L. 81: Entire article R&RE, p. 1332, § 1, effective July 1.
For circumstances that will result in the repeal of this section, see § 25-8-507.
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 5 - PERMIT SYSTEM (§§ 25-8-501 — 25-8-509) › Section 25-8-506 - [Repealed]

Repealed by 2023 Ch. 216,§ 7, eff. 5/17/2023.
L. 81: Entire section amended, p. 1340, § 1, effective July 1. L. 98: (2) amended, p. 1336, § 52, effective June 1. L. 2005: (4)(b) repealed, p. 284, § 27, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 5 - PERMIT SYSTEM (§§ 25-8-501 — 25-8-509) › Section 25-8-507 - Program repeal

If final federal agency action is taken revoking or withdrawing prior federal approval of all or any part of the state permit program, sections
25-8-203
,
25-8-204
,
25-8-501
,
25-8-502
,
25-8-503
, and
25-8-505
and regulations adopted to implement such provisions are repealed as of the date of that final federal action.
L. 85: Entire section added, p. 911, § 13, effective June 4.
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 5 - PERMIT SYSTEM (§§ 25-8-501 — 25-8-509) › Section 25-8-508 - Industrial pretreatment program - creation - fees

(1)
The division shall establish an industrial pretreatment program for the state which is designed to eliminate problems that occur when pollutants from industrial wastewaters are discharged into publicly owned treatment works, including health hazards caused to the public and to workers in sewers and treatment plants, pollution of state waters, interference with the operation of treatment plants or increased expense to dispose of sludges, damage to the pipes and equipment that may occur from pollutants, and the potential for explosion caused by highly volatile wastes. The program shall be adopted by the commission pursuant to section
25-8-205
and shall be adequate to comply with requirements set forth in section 307 (a), (b), and (c) of the federal act.
(2)
The division is authorized to require compliance with applicable pretreatment requirements and standards by any domestic wastewater treatment works or by any industrial user of such treatment works. The division may grant a variance from applicable requirements only to the extent authorized in the federal act or implementing regulations.
L. 90: Entire section added, p. 1337, § 2, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 5 - PERMIT SYSTEM (§§ 25-8-501 — 25-8-509) › Section 25-8-509 - Permit conditions concerning use and disposal of biosolids

The division is authorized to impose, as conditions to the issuance of permits, requirements, prohibitions, standards, and concentration limitations on the use and disposal of biosolids in accordance with the regulations promulgated by the commission pursuant to section
25-8-205(1)(e)
. The requirements, prohibitions, standards, and concentration limitations imposed by the division shall not be more restrictive than the requirements adopted for the solid wastes disposal sites and facilities pursuant to part 1 of article
20
of title
30
, C.R.S., except as necessary to be consistent with section 405 of the federal act.
L. 93: Entire section added, p. 1579, § 4, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-601 - Division to be notified of suspected violations and accidental discharges - penalty

(1)
Any person or any agency of the state or federal government may apply to the division to investigate and take action upon any suspected or alleged violation of any provision of this article or of any order, permit, or regulation issued or promulgated under authority of this article.
(2)
Any person engaged in any operation or activity which results in a spill or discharge of oil or other substance which may cause pollution of the waters of the state contrary to the provisions of this article 8, as soon as the person has knowledge thereof, shall notify the division of such discharge. Any person who fails to notify the division as soon as practicable commits a class 2 misdemeanor and shall be punished by a fine of not more than ten thousand dollars. Notification received pursuant to this subsection (2) or information obtained by the exploitation of such notification shall not be used against any such person in a criminal case except prosecution for perjury, for false swearing, or for failure to comply with a clean-up order issued pursuant to section
25-8-606
.
(3)
Any penalty collected under this section shall be credited to the general fund.
Amended by 2021 Ch. 462, § 465, eff. 3/1/2022.
L. 81: Entire article R&RE, p. 1332, § 1, effective July 1. L. 83: (3) amended, p. 1080, § 4, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 3237, p. 3237, § 465, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-602 - Notice of alleged violations

(1)
Whenever the division has reason to believe that a violation of an order, permit, or control regulation issued or promulgated under authority of this article has occurred, the division shall cause written notice to be served personally or by certified mail, return receipt requested, upon the alleged violator or his agent for service of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute a violation, and it may include the nature of any corrective action proposed to be required.
(2)
Each cease-and-desist and clean-up order issued pursuant to sections
25-8-605
and
25-8-606
shall be accompanied by or have incorporated in it the notice provided for in subsection (1) of this section unless such notice has been given prior to issuance of such cease-and-desist or clean-up order.
L. 81: Entire article R&RE, p. 1333, § 1, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-603 - Hearing procedures for alleged violations

(1)
In any notice given under section
25-8-602
, the division shall require the alleged violator to answer each alleged violation and may require the alleged violator to appear before it for a public hearing to provide such answer. Such hearing shall be held no sooner than fifteen days after service of the notice; except that the division may set an earlier date for hearing if it is requested by the alleged violator.
(2)
If the division does not require an alleged violator to appear for a public hearing, the alleged violator may request the division to conduct such a hearing. Such request shall be in writing and shall be filed with the division no later than thirty days after issuance of a notice under section
25-8-602
. If such a request is filed, a hearing shall be held within a reasonable time.
(3)
If a hearing is held pursuant to the provisions of this section, it shall be public and, if the division deems it practicable, shall be held in any county in which the violation is alleged to have occurred. The division shall permit all parties to respond to the notice served under section
25-8-602
, to present evidence and argument on all issues, and to conduct cross-examination required for full disclosure of the facts.
(4)
Hearings held pursuant to this section shall be conducted in accordance with section
24-4-105
, C.R.S.
L. 81: Entire article R&RE, p. 1333, § 1, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-604 - Suspension, modification, and revocation of permit

Upon a finding and determination, after hearing, that a violation of a permit provision has occurred, the division may suspend, modify, or revoke the pertinent permit or take such other action with respect to the violation as may be authorized pursuant to regulations promulgated by the commission.
L. 81: Entire article R&RE, p. 1333, § 1, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-605 - Cease-and-desist orders

If the division determines, with or without hearing, that a violation of any provision of this article or of any order, permit, or control regulation issued or promulgated under authority of this article exists, the division may issue a cease-and-desist order. Such order shall set forth the provision alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of must be terminated.
L. 81: Entire article R&RE, p. 1333, § 1, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-606 - Clean-up orders

The division may issue orders to any person to clean up any material which he, his employee, or his agent has accidentally or purposely dumped, spilled, or otherwise deposited in or near state waters which may pollute them. The division may also request the district attorney to proceed and take appropriate action under section
16-13-305
and sections
16-13-307
to
16-13-315
, C.R.S., or section
18-4-511
, C.R.S.
L. 81: Entire article R&RE, p. 1334, § 1, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-607 - Restraining orders and injunctions

(1)
The division may request the district attorney for the judicial district with jurisdiction pursuant to subsection (2) of this section or the attorney general to bring, and if so requested it shall be the duty of such district attorney or the attorney general to bring, a suit for a temporary restraining order, preliminary injunction, or permanent injunction to prevent any threatened violation of this article or any order, permit, or control regulation issued or promulgated pursuant to this article which violation poses imminent and substantial endangerment to the beneficial uses of state waters and which cannot be timely prevented by a permit modification or permit enforcement action, or any continued violation of this article, or any order, permit, or control regulation issued or promulgated pursuant to this article. In any suit for a violation of an order, the final findings of the division, after opportunity for a hearing, based upon evidence in the record, shall be prima facie evidence of the facts found in such record.
(2)
Suits under this section shall be brought in the district or county court for the district or county in which the violation or threatened violation occurs. Emergencies shall be given precedence over all other matters pending in such court. The institution of such injunction proceeding by the division shall confer upon such court exclusive jurisdiction to determine finally the subject matter of the proceeding; except that the exclusive jurisdiction of the court shall apply only to such injunctive proceeding and shall not preclude assessment of civil penalties or any other enforcement action or sanction authorized by this article.
L. 81: Entire article R&RE, p. 1334, § 1, effective July 1. L. 94: Entire section amended, p. 643, § 1, effective April 14; (1) amended, p. 1650, § 96, effective May 31.
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-608.5 - [Repealed]

Added by 2013 Ch. 186,§1, eff. 5/10/2013.
L. 2013: Entire section added, (HB 13-1191), ch. 186, p. 754, § 1, effective May 10.
Subsection (4) provided for the repeal of this section, effective September 1, 2016. (See L. 2013, p. 754.)
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-610 - Falsification and tampering - penalties

(1)
Any person who knowingly makes any material false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this article 8 or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article 8 commits a class 2 misdemeanor.
(2)
Prosecution under this section shall be commenced upon request by the division or a peace officer, who must present evidence based on reasonable suspicion to either the attorney general or a district attorney for the district in which an alleged violation occurs. No criminal violation will be charged without probable cause.
(3)
If two separate offenses under this section occur in two separate occurrences during a period of two years, notwithstanding section
18-1.3-501
, the maximum fine and period of imprisonment for the second offense are double the amounts specified in section
18-1.3-501
.
(4)
Any penalty collected under this section shall be credited to the general fund.
Amended by 2021 Ch. 462, § 467, eff. 3/1/2022.
Amended by 2020 Ch. 219, § 4, eff. 7/2/2020.
L. 81: Entire article R&RE, p. 1335, § 1, effective July 1. L. 83: (2) amended, p. 1080, § 7, effective July 1. L. 2020: Entire section amended, (HB 20-1143), ch. 1083, p. 1083, § 4, effective July 2. L. 2021: (1) and (3) amended, (SB 21-271), ch. 3238, p. 3238, § 467, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-611 - Proceedings by other parties

(1)
The factual or legal basis for proceedings or other actions that result from a violation of any control regulation inure solely to, and shall be for the benefit of the people of, the state generally, and it is not intended by this article, in any way, to create new private rights or to enlarge existing private rights. A determination that water pollution exists or that any standard has been disregarded or violated, whether or not a proceeding or action may be brought by the state, shall not create any presumption of law or finding of fact which shall inure to or be for the benefit of any person other than the state.
(2)
A permit issued pursuant to this article may be introduced in any court of law as evidence that the permittee's activity is not a public or private nuisance. Introduction into evidence of such permit and evidence of compliance with the permit conditions shall constitute a prima facie case that the activity to which the permit pertains is not a public or private nuisance.
L. 81: Entire article R&RE, p. 1335, § 1, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-612 - Remedies cumulative

(1)
It is the purpose of this article to provide additional and cumulative remedies to prevent, control, and abate water pollution and protect water quality.
(2)
No action pursuant to section
25-8-609
shall bar enforcement of any provision of this article or of any rule or order issued pursuant to this article by any authorized means.
(3)
Nothing in this article shall abridge or alter rights of action or remedies existing on or after July 1, 1981, nor shall any provision of this article or anything done by virtue of this article be construed as estopping individuals, cities, towns, counties, cities and counties, or duly constituted political subdivisions of the state from the exercise of their respective rights to suppress nuisances.
L. 81: Entire article R&RE, p. 1336, § 1, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 6 - VIOLATIONS, REMEDIES, AND PENALTIES (§§ 25-8-601 — 25-8-613) › Section 25-8-613 - Limitation on actions

An action or other proceeding brought by the division pursuant to this part 6 alleging a violation of this article 8 or of any rule of the commission or order of the division must be commenced within five years after the date when the alleged violation is discovered or should have been discovered by the exercise of reasonable diligence.
Added by 2022 Ch. 460,§3, eff. 6/8/2022.
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 7 - DOMESTIC WASTEWATER TREATMENT WORKS (§§ 25-8-701 — 25-8-703) › Section 25-8-701 - Definitions

As used in this part 7, unless the context otherwise requires:
(1)
"Construction" means entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings which are to be part of a domestic wastewater treatment works.
(2)
"Eligible project" means a project for the planning, design, or construction of domestic wastewater treatment works or of facilities for the discharge of wastewater or backwash water from public water treatment plants that is, in the judgment of the division, necessary for the accomplishment of the state water quality control program and that conforms with applicable rules of the commission.
(3)
Repealed.
Amended by 2014 Ch. 9,§ 2, eff. 8/6/2014.
L. 81: Entire article R&RE, p. 1336, § 1, effective July 1. L. 2014: (2) amended and (3) repealed, (SB 14-025), ch. 9, p. 93, § 2, effective August 6.
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 7 - DOMESTIC WASTEWATER TREATMENT WORKS (§§ 25-8-701 — 25-8-703) › Section 25-8-702 - Approval for commencement of construction

(1)
No person shall commence the construction of any domestic wastewater treatment works or the enlargement of the capacity of an existing domestic wastewater treatment works, unless the site location and the design for the construction or expansion have been approved by the division.
(2)
In evaluating the suitability of a proposed site location for a domestic wastewater treatment works, the division shall:
(a)
Consider the local long-range comprehensive plan for the area as it affects water quality and any approved regional wastewater management plan for the area;
(b)
Determine that the plant on the proposed site will be managed to minimize the potential adverse impacts on water quality; and
(c)
Encourage the consolidation of wastewater treatment facilities whenever feasible.
(3)
Ninety days prior to commencement of construction of an interceptor line, the entity responsible for that line shall notify the planning agency and the division of such construction. This notification shall be accompanied with a certification by the agency receiving the wastewater for treatment that it has or will have the capacity to treat the projected wastewater from that interceptor line in accordance with the treatment agency's site approval and discharge permit. Within thirty days of receipt of notification, the planning agency, or the division, if a planning agency does not exist, shall certify that the proposed interceptor line has the capacity to carry the projected flow. In the event the entity responsible for an interceptor line does not have the said certification from the treatment agency and the planning agency, the entity shall be required to apply for a site location approval prior to commencement of construction.
(4)
The decision of the division concerning approval of the site location or design may be appealed to the commission. The commission shall hold a hearing on the site location or design in accordance with the provisions of section
24-4-105
, C.R.S., and the decision of the commission shall be final administrative action for the purposes of section
24-4-106
, C.R.S.
L. 81: Entire article R&RE, p. 1336, § 1, effective July 1. L. 88: (1) R&RE and (2)(a) amended, p. 1021, §§ 8, 9, 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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 7 - DOMESTIC WASTEWATER TREATMENT WORKS (§§ 25-8-701 — 25-8-703) › Section 25-8-703 - [Repealed]

Repealed by 2014 Ch. 9,§3, eff. 8/6/2014.
L. 81: Entire article R&RE, p. 1337, § 1, effective July 1. L. 2001: (1), (3), (4), and (6) amended, p. 100, § 1, effective March 20. L. 2006: (1)(b)(II) amended, p. 211, § 1, effective March 31. L. 2014: Entire section repealed, (SB 14-025), ch. 9, p. 93, § 3, effective August 6.
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 8 - STORM WATER MANAGEMENT SYSTEM ADMINISTRATORS (§§ 25-8-801 — 25-8-803) › Section 25-8-801 - Definitions

As used in this part 8, unless the context otherwise requires:
(1)
"Administrator" or "storm water management system administrator" means a nonprofit entity designated by the division to conduct the activities required under this part 8.
(2)
"Advisory board" means an oversight group, established as a required element within each storm water management system administrator's program, that is made up of volunteers representing industry sector stakeholders active in the program, including nonprofit administrator representatives, participants, participating MS4s, and third-party auditors. While acting in the capacity of a board of directors, the advisory board has the authority to establish all program policies and procedures, collect and maintain program records, compile annual participant performance summary reports, and take all necessary actions to maintain the department's designation of the administrator.
(3)
"CDPS" means the Colorado discharge permit system.
(4)
"CDPS MS4 permit" means a CDPS permit for storm water discharges associated with an MS4.
(5)
"CDPS storm water construction permit" means a CDPS permit for storm water discharges associated with construction activities.
(6)
"MS4" means a municipal separate storm sewer system.
(7)
"MS4 permittee" means a governmental entity with a CDPS permit for storm water discharges associated with an MS4.
(8)
"Participant" means a person that is required to obtain a CDPS storm water construction permit from the division and that volunteers to participate in a storm water management system program administered by a storm water management system administrator.
(9)
"SWMP" means a storm water management plan as defined in the CDPS permit for storm water discharges associated with construction activities.
(10)
"Third-party auditor" means a person who meets the professional qualifications defined in the administrator's written program and who operates independently from, and is not an employee of, any participant or MS4 in the administrator's program.
L. 2011: Entire part added, (HB 11-1026), ch. 159, p. 546, §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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 8 - STORM WATER MANAGEMENT SYSTEM ADMINISTRATORS (§§ 25-8-801 — 25-8-803) › Section 25-8-803 - Storm water management system administrator audits to support MS4 permittees' programs

(1)
MS4 permittees may choose to work with any administrator to assist the MS4 permittee in complying with the terms and conditions of the MS4 permittee's CDPS MS4 permit. An MS4 permittee may utilize all, or portions of, the storm water management system administrator's program as part of the MS4 permittee's program for oversight of construction sites to demonstrate compliance with the requirements of the MS4 permittee's CDPS permit for storm water discharges associated with an MS4.
(2)
The division may consider third-party audits conducted pursuant to a storm water management system administrator's program to be part of the MS4 permittee's compliance oversight program required by its CDPS MS4 permit if the MS4 permittee formally utilizes the storm water management system administrator's program that conducted the audit, and the MS4 permittee implements procedures to demonstrate and report to the division, upon division request, that the administrator's program is meeting the requirements for third-party audits in section
25-8-802(1) and (3)
for participant construction activities located within the jurisdiction of the MS4 permittee.
(3)
An MS4 permittee may reduce compliance oversight activities for facilities authorized to discharge under a CDPS storm water construction permit that are operated by participants in a storm water management system administrator's program based on a determination by the MS4 permittee that the participants or participant facilities have a demonstrated record of reduced potential for occurrences of noncompliance and reduced risk of negative impacts on receiving waters. This part 8 does not prohibit or restrict any compliance oversight, including inspections, by an MS4 permittee.
(4)
Modification of the MS4 permittee's program is subject to division approval in accordance with the requirements of the applicable CDPS MS4 permit.
(5)
An MS4 permittee's use of a storm water management system administrator's program is strictly voluntary, and an MS4 permittee may end its use of the program at any time upon written notice to the administrator.
(6)
Nothing in this part 8 grants regulatory authority to a storm water management system administrator or the authority to impose any fine.
(7)
Nothing in this part 8 preempts or supersedes any authority of an MS4 permittee or any other local agency.
(8)
Nothing in this part 8 removes, reduces, or transfers the responsibility for compliance with an MS4 permit from the MS4 permittee.
L. 2011: Entire part added, (HB 11-1026), ch. 159, p. 549, §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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 9 - TESTING OF DRINKING WATER IN SCHOOLS, CHILD CARE CENTERS, AND FAMILY CHILD CARE HOMES (§§ 25-8-901 — 25-8-905) › Section 25-8-902 - School and child care clean drinking water fund - creation

(1)
The school and child care clean drinking water fund is created in the department.
(2)
The fund includes any money that is transferred to the fund and any money that the general assembly may appropriate to the fund.
(3)
Money in the fund at the end of each state fiscal year remains in the fund and does not revert to the general fund; except that any money remaining in the fund on June 29, 2026, reverts to the general fund.
(4)
The department is the administrator of the fund for auditing purposes.
(5)
The department shall expend money from the fund only:
(a)
To help schools, child care centers, and family child care homes comply with this part 9; and
(b)
To reimburse eligible schools, child care centers, and family child care homes as needed for costs associated with complying with this part 9, in the following order of priority:
(I)
Child care centers and family child care homes;
(II)
Eligible schools for which testing results show relatively high levels of lead;
(III)
Eligible schools that are receiving money pursuant to Title I of the federal "Elementary and Secondary Education Act of 1965",
20 U.S.C. sec. 6301
et seq., as amended; and
(IV)
On and after June 1, 2023, subject to available appropriations, eligible schools that serve students in sixth, seventh, or eighth grade.
(6)
Notwithstanding any provision of this section to the contrary, the department shall not expend money from the fund:
(a)
To replace or repair any lead service line; or
(b)
To reimburse a child care center, family child care home, or eligible school for costs associated with complying with this part 9 if the child care center, family child care home, or eligible school has already received money from the fund to reimburse the child care center, family child care home, or eligible school for a test of each drinking water source, as described in section
25-8-903 (1)
, and:
(I)
None of the results of such testing showed the presence of lead in an amount of at least five parts per billion; or
(II)
If the results of such testing showed the presence of lead in an amount of at least five parts per billion, the child care center, family child care home, or eligible school has also received reimbursement for:
(A)
Any remediation efforts performed in response to such testing; and
(B)
A confirmation test of each drinking water source at the child care center, family child care home, or eligible school, as described in section
25-8-903 (2)(c)
.
Amended by 2023 Ch. 300,§ 1, eff. 6/1/2023.
Added by 2022 Ch. 382, § 1, eff. 8/10/2022.
2022 Ch. 382, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 9 - TESTING OF DRINKING WATER IN SCHOOLS, CHILD CARE CENTERS, AND FAMILY CHILD CARE HOMES (§§ 25-8-901 — 25-8-905) › Section 25-8-904 - Report and recommendation regarding expansion required - legislative declaration

(1)
It is the general assembly's intent that, subject to the availability of future appropriations, the requirements described in this part 9 concerning the testing and remediation of drinking water sources in eligible schools should be expanded to apply to schools other than those schools that are eligible schools, and such schools should also be made eligible to receive reimbursement for costs incurred in complying with such requirements. To this end, the department is required to advise the general assembly in the form of the report described in subsection (2) of this section.
(2)
On or before February 28, 2024, the department shall report to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or to any successor committees, concerning the department's activities under this part 9. Specifically, the department shall include in the report the amount of money, if any, that remains in the fund on the date of the report. If the department determines that sufficient money remains in the fund, then eligible schools that serve any of grades six through eight shall comply with the testing requirement described in section
25-8-903 (1)(a)(I)
on or before November 30, 2024. The department shall post notice of its determination on its public website as soon as practicable.
Added by 2022 Ch. 382, § 1, eff. 8/10/2022.
2022 Ch. 382, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 9 - TESTING OF DRINKING WATER IN SCHOOLS, CHILD CARE CENTERS, AND FAMILY CHILD CARE HOMES (§§ 25-8-901 — 25-8-905) › Section 25-8-905 - Repeal of part

This part 9 is repealed, effective June 30, 2026.
Added by 2022 Ch. 382,§1, eff. 8/10/2022.
2022 Ch. 382, was passed without a safety clause. See Colo. Const. art. V, § 1(3).