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 10 - MOBILE HOME WATER QUALITY (§§ 25-8-1001 — 25-8-1008) › Section 25-8-1001 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
"Action plan" means the statewide action plan created by the division in accordance with section
25-8-1004
.
(2)
"Colorado EnviroScreen" means the environmental justice mapping tool developed and administered by the department and Colorado state university, or any successor tool.
(3)
"Department" means the state department of public health and environment.
(4)
"Division" means the water quality control division in the department.
(5)
"Division of housing" means the division of housing in the department of local affairs.
(6)
(a)
"Finished water" means water that is supplied to a distribution system of a mobile home park and intended for distribution and human consumption.
(b)
"Finished water" includes drinking water present anywhere in the distribution system.
(7)
"Fund" means the mobile home park water quality fund created in section
25-8-1006
.
(8)
"Grant program" means the mobile home water quality grant program created in section
25-8-1005
.
(9)
"Local government" means:
(a)
A statutory or home rule county, municipality, or city and county; or
(b)
Any special district that owns or operates facilities that supply water to or take wastewater from a mobile home park.
(10)
"Mobile home park" or "park" has the meaning set forth in section
38-12-201.5 (6)
.
(11)
"Park owner" means each person that owns a mobile home park, acting individually or jointly, and the agent of the park owner with respect to matters concerning the park.
(12)
"Ombudsperson" means the environmental justice ombudsperson appointed under section
25-1-134
or the ombudsperson's designee.
(13)
"Remediation" means the resolution of all water quality issues of a finished water source so that the finished water is safe and healthy to drink. "Remediate" has a corresponding meaning.
(14)
"Testing program" means the program to test mobile home park water quality created in accordance with section
25-8-1002 (1)(a)
.
(15)
"Water quality issue" means, with regard to finished water or water supply, that:
(a)
The finished water fails to comply with the primary drinking water quality standards established by rule under sections
25-8-202
and
25-8-204
or with any maximum contaminant level established by the United States environmental protection agency; or
(b)
The division has made a written determination that the finished water or water supply is of sufficiently low quality to present a risk to the welfare, health, or safety of individuals who consume the water.
(16)
"Water supply" means the supply of a source of finished water to a park's residents. "Water supply" includes primary source water, wells, rivers, water systems, and water purchased from another water system.
Added by 2023 Ch. 376,§ 1, eff. 6/5/2023.
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 10 - MOBILE HOME WATER QUALITY (§§ 25-8-1001 — 25-8-1008) › Section 25-8-1003 - Remediation

(1)
If testing conducted in accordance with the testing program identifies a water quality issue in finished water, the division shall:
(a)
Perform or require additional testing, if necessary, of the finished water or water supply at the park, and this testing may include continued testing, testing of multiple points in the water supply outside the mobile home, and testing of flow rates and of water pressure;
(b)
Notify the division of housing and the persons listed in section
25-8-1002 (3)(b)(I)
;
(c)
Timely review the remediation plan described in subsection (2)(c) of this section and either:
(I)
Approve the plan; or
(II)
Deny the plan with a written explanation of the reason the plan was denied and make recommendations for addressing the reason the plan was denied; and
(d)
When the water quality issue has been remediated, notify the division of housing.
(2)
Upon receiving the notice made under subsection (1)(b) of this section, the park owner shall:
(a)
Comply with any orders of the division related to the water quality issue;
(b)
Not impose the cost of compliance with this subsection (2) on park residents;
(c)
Within one hundred twenty days after receiving the notice, prepare and submit to the division a remediation plan, which must be designed to address the water quality issue described in the notice and must include deadlines, with status update requirements, to address the water quality issue;
(d)
Complete the remediation plan based on a schedule approved by the division; and
(e)
Consult with the division and provide a reasonable and sufficient amount of accessible drinking water or department-approved filters, if either one or both are necessary, to address acute health risks.
(3)
To address a water quality issue, the department may issue an order requiring the park owner to:
(a)
Perform additional water testing;
(b)
Perform temporary measures necessary to address acute health risks;
(c)
Make additional reports to the division concerning the water quality issue; or
(d)
Create a remediation plan, implement a remediation plan, or respond to the division in connection with a remediation plan.
(4)
An order issued under subsection (3)(d) of this section becomes effective upon issuance to the park owner. A park owner may file a request for a hearing, pursuant to section
24-4-105
, on any issue raised by the order if filed within twenty days after the order is mailed.
(5)
This section does not require a park owner to remediate a water quality issue within a mobile home.
Added by 2023 Ch. 376,§ 1, eff. 6/5/2023.
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 10 - MOBILE HOME WATER QUALITY (§§ 25-8-1001 — 25-8-1008) › Section 25-8-1004 - Action plan

(1)
By March 1, 2026, the division shall develop an action plan to address and improve water quality in mobile home parks. The action plan must comply with subsection (3) of this section.
(2)
In developing the action plan, the division shall:
(a)
Conduct outreach to park residents to:
(I)
Gather information to develop the action plan; and
(II)
Receive input about water quality concerns, including concerns related to water safety, color, odor, and taste;
(b)
Coordinate with residents of parks to identify opportunities to improve the quality of finished water in and the water supply for parks;
(c)
Ensure that communications with members of the public concerning the action plan are available in English, Spanish, and any other language requested by a resident or that the division determines is necessary for public outreach;
(d)
Consult with or coordinate with some or all of the following entities: The park owner, park residents, nonprofit organizations, public institutions of higher education, the water provider, county health departments, and the ombudsperson;
(e)
Consider the results of the testing program and any other water quality testing conducted to date;
(f)
Assess water supply infrastructure for a sampling of parks based on prioritization criteria in section
25-8-1002 (1)(d)
, and this assessment must assess for the presence of lead pipes or decaying or aging pipes, the sizing of pipes, and water pressure levels to determine if infrastructure is impairing water quality; and
(g)
Collect relevant data about finished water at parks.
(3)
The action plan must:
(a)
Include a status report of the testing program conducted to date, and the status report must specify the number of parks tested, the testing locations, and a summary of findings to date;
(b)
Develop a strategy to test water quality at any parks not yet tested;
(c)
Identify opportunities to improve the quality of finished water in and the water supply for parks, including opportunities to address color, taste, and odor concerns;
(d)
In cooperating and consulting with the division of housing, identify opportunities for potential funding to improve the quality of finished water and the water supply and to enforce this part 10;
(e)
Include timelines for implementation of the action plan; and
(f)
Include a written description of how park resident feedback was and was not incorporated.
(4)
The division shall coordinate with the division of housing to identify potential money, including grant money from the grant program, to support remediation of a water quality issue at a park.
Added by 2023 Ch. 376,§ 1, eff. 6/5/2023.
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 10 - MOBILE HOME WATER QUALITY (§§ 25-8-1001 — 25-8-1008) › Section 25-8-1005 - Mobile home water quality grant program - created - grant application and award process - reporting - funding

(1)
(a)
The mobile home water quality grant program is created to provide grants to park owners, nonprofit entities, and local governments to address water quality issues and wastewater problems in mobile home parks.
(b)
Grant recipients may use the money received through the grant program to remediate water quality issues in a park or, subject to division approval, improve water quality in a park.
(2)
(a)
The division shall administer the grant program and, subject to available appropriations, shall award grants as provided in this section.
(b)
The division shall, in collaboration with the division of housing, develop policies to implement the grant program in accordance with this section. At a minimum, the policies must specify:
(I)
The deadlines for applying for, awarding, and disbursing grants;
(II)
The procedures for applying for a grant;
(III)
The criteria used to evaluate a grant application; and
(IV)
The criteria for determining the amount of a grant.
(3)
To receive a grant, a park owner, nonprofit entity, or local government must submit an application to the division in accordance with the policies developed pursuant to subsection (2) of this section. At a minimum, the application must include the following information:
(a)
The name of the park owner, nonprofit entity, local government, or agency of a local government applying for the grant;
(b)
The park that would benefit from the grant;
(c)
A reference to the notice received in accordance with section
25-8-1003 (1)(b)
on the mobile home park's water quality issue; and
(d)
The planned remediation or improvement to be accomplished with the grant.
(4)
(a)
The division shall review the applications received under this section and shall prioritize funding for applications based on:
(I)
The severity of the water quality issue;
(II)
The number of people affected by the water quality issue; and
(III)
The costs to remediate the water quality issue or improve water quality.
(b)
Subject to available appropriations, on or before July 1, 2025, and on or before July 1 of each year thereafter, the division shall award grants as provided in this section and the policies adopted in accordance with this section.
(5)
The general assembly shall annually appropriate money from the fund to the department for allocation to the division to implement the grant program. The division may use up to ten percent of the money annually appropriated for the grant program to pay the direct and indirect costs that the division incurs to administer the grant program.
Added by 2023 Ch. 376,§ 1, eff. 6/5/2023.
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 10 - MOBILE HOME WATER QUALITY (§§ 25-8-1001 — 25-8-1008) › Section 25-8-1006 - Mobile home park water quality fund

(1)
The mobile home park water quality fund is created in the state treasury. The fund consists of money credited to the fund in accordance with section
25-8-1007 (3)
and any other money that the general assembly may appropriate or transfer to the fund.
(2)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3)
Subject to annual appropriation by the general assembly, the division shall, as necessary to address a park's water quality issues or improve a park's water quality, expend money from the fund to implement this part 10, including the grant program.
Added by 2023 Ch. 376,§ 1, eff. 6/5/2023.
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 10 - MOBILE HOME WATER QUALITY (§§ 25-8-1001 — 25-8-1008) › Section 25-8-1007 - Enforcement

(1)
The division has authority to test and require remediation of park finished water, regardless of the type of water source.
(2)
The division shall, as necessary to address a park's water quality issues, issue a cease-and-desist order for a violation of this part 10 in accordance with section
25-8-605
.
(3)
(a)
If a park owner fails to comply with cease-and-desist order, create a remediation plan, implement a remediation plan, or respond to the division in connection with a remediation plan, the division may impose a civil penalty of up to ten thousand dollars plus an additional five thousand dollars for each full calendar month after the first calendar month for which the violation continues. The division must impose a civil penalty in accordance with article
4
of title
24
.
(b)
The division shall transfer a civil penalty collected pursuant to this subsection (3) to the state treasurer, who shall credit the civil penalty to the fund.
(c)
If a park owner threatens to evict a park resident for filing a water quality complaint or for requesting remediation to address a water quality issue, the park owner has violated section
38-12-203 (3)
and is subject to the penalties set forth in section
38-12-203 (3)
.
(4)
This section does not provide an exclusive remedy and does not limit the right of park residents to take legal action against the park owner. Exhaustion of the administrative remedy provided in this section is not required before a resident may bring a legal action.
Added by 2023 Ch. 376,§ 1, eff. 6/5/2023.
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 10 - MOBILE HOME WATER QUALITY (§§ 25-8-1001 — 25-8-1008) › Section 25-8-1008 - This part 10 does not affect other statutory protections

This part 10 does not affect or supersede the protections granted to park residents pursuant to other statutes, including article
12
of title
38
. If a court determines that a provision of this part 10 conflicts with a provision of article
12
of title
38
, the court shall apply the statute that grants the stronger protection to the park resident.
Added by 2023 Ch. 376,§ 1, eff. 6/5/2023.
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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that the organization of a Cherry Creek basin water quality authority will:
(a)
Be for the public benefit and advantage of the people of the state of Colorado;
(b)
Benefit the inhabitants and landowners within the authority by preserving water quality in Cherry Creek and Cherry Creek reservoir;
(c)
Benefit the people of the state of Colorado by preserving waters for recreation, fisheries, water supplies, and other beneficial uses;
(d)
Promote the health, safety, and welfare of the people of the state of Colorado.
(2)
It is further declared that the authority will provide for effective efforts by the various counties, municipalities, special districts, and landowners within the boundaries of the authority in the protection of water quality.
(3)
It is further declared that the authority should provide that new developments and construction activities pay their equitable proportion of costs for water quality preservation and facilities.
(4)
This article, being necessary to secure the public health, safety, convenience, and welfare, shall be liberally construed to effect its purposes.
L. 88: Entire article added, p. 1029, § 1, effective April 28.
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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Agricultural lands" means all lands except land rezoned by a county or municipality for business, commercial, residential, or similar uses or subdivided lands. Those include property consisting of a lot one acre or more in size which contains a dwelling unit.
(2)
"Authority" means the Cherry Creek basin water quality authority created pursuant to section
25-8.5-103
.
(3)
"Board" means the governing body of the authority provided for in section
25-8.5-106
.
(3.5)
"Conservation district" means any conservation district created pursuant to article
70
of title
35
, C.R.S.
(4)
"County" means any county enumerated in article
5
of title
30
, C.R.S.
(5)
"Municipality" means a municipality as defined in section
31-1-101 (6)
, C.R.S.
(6)
"Publication" means three consecutive weekly advertisements in a newspaper or newspapers of general circulation within the boundaries of the authority. It shall not be necessary that an advertisement be made on the same day of the week in each of the three weeks, but not less than twelve days, excluding the day of first publication, shall intervene between the first publication and the last publication. Publication shall be complete on the date of the last publication.
(7)
"Resolution" means an ordinance as passed by a member municipality or a resolution as passed by a member county or special district.
(8)
(Deleted by amendment, L. 2002, p. 517, § 12, effective July 1, 2002.)
(9)
"Special district" means any district created pursuant to article
1
of title
32
, C.R.S., which has the power to provide sanitation services or water and sanitation services and has wastewater treatment facilities within the boundaries of the authority.
(10)
"Wastewater treatment facility" means a facility providing wastewater treatment services which has a designed capacity to receive sewage for treating, neutralizing, stabilizing, and reducing pollutants contained therein prior to the disposal or discharge of the treated sewage. "Wastewater treatment facility" does not include any pretreatment facilities, lift stations, interceptor lines, or other transmission facilities to transmit sewage effluent outside the boundaries of the authority.
L. 88: Entire article added, p. 1030, § 1, effective April 28. L. 2002: (3.5) added and (8) amended, p. 517, § 12, 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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-103 - Creation and organization

The Cherry Creek basin water quality authority is hereby created. The authority shall be a quasi-municipal corporation and political subdivision of the state, with the powers provided in this article.
L. 88: Entire article added, p. 1030, § 1, effective April 28.
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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-105 - Authority members

(1)
The following entities shall be members of the authority:
(a)
Each county that has property within the authority's boundaries shall have one member;
(b)
Each municipality that has property within the authority's boundaries shall have one member;
(c)
The special districts that include in their service areas property within the Cherry Creek basin and that own and operate wastewater treatment services facilities in the Cherry Creek basin shall collectively be represented by a single member of the authority. For the purposes of this paragraph (c), wastewater treatment services shall mean a wastewater treatment facility with a designed capacity to receive more than two thousand gallons of sewage per day.
(d)
A total of seven members shall be appointed by the governor to represent sports persons, recreational users, and concerned citizens. A minimum of two of these appointees shall be residents of Colorado and shall be from bona fide sports persons' or recreational organizations that have members who use the reservoir. A minimum of two of these appointees shall be from bona fide citizen or environmental organizations interested in preserving water quality with members who use the reservoir or live within Cherry Creek basin. At least three of the appointed members shall have backgrounds in or professional training regarding water quality issues. The term of appointment is four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year.
Amended by 2022 Ch. 2,§80, eff. 2/25/2022.
L. 88: Entire article added, p. 1032, § 1, effective April 28. L. 2001: (1) amended, p. 896, § 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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-106 - Board of directors

(1)
The governing body of the authority shall be a board of directors which shall exercise and perform all powers, rights, privileges, and duties invested or imposed by this article.
(2)
Each authority member shall appoint one representative and two alternates to serve on the board. The representative and alternates for the special district authority member shall be chosen by unanimous consent of the special districts referenced in section
25-8.5-105(1)(c)
, or included under section
25-8.5-119
. Any county, municipality, or special district that provides wastewater treatment services by contract with another entity that is a member of the authority shall not be entitled to a separate member on the board, and such a special district shall not be entitled to representation by the special district member.
(3)
Directors shall be appointed for terms of two years. Notice of each appointment shall be given to the recording secretary for the authority.
(4)
No director shall receive compensation as an employee of the authority. Reimbursement of actual expenses for directors shall not be considered compensation.
(5)
An appointment to fill a vacancy on the board shall be made by the authority member for the remainder of the unexpired term.
(6)
If a board member or designated alternate fails to attend two consecutive regular meetings of the board, the authority may submit a written request to the appointing authority member to have its representative attend the next regular meeting. If, following such request, said representative fails to attend the next regular board meeting, the board may appoint an interim representative from the authority member's jurisdiction to serve until the authority member appoints a new representative.
(7)
An authority member, at its discretion, may remove from office any board member or designated alternate representing the authority member and appoint a successor.
(8)
The board shall elect one of its members as chairman of the authority and one of its members as secretary-treasurer and shall appoint a recording secretary who may be a member of the board.
(9)
The recording secretary shall keep in a visual text format that may be transmitted electronically a record of all of the authority's meetings, resolutions, certificates, contracts, bonds given by employees or contractors, and all corporate acts which shall be open to inspection of all interested parties.
(10)
The secretary-treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the authority.
L. 88: Entire article added, p. 1032, § 1, effective April 28. L. 2001: (2) amended, p. 897, § 2, effective August 8. L. 2009: (9) amended, (HB 09-1118), ch. 130, p. 561, §3, 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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-107 - Voting

(1)
Each authority member, through its designated director or designated alternate acting in the director's place, shall be entitled to one vote.
(2)
Board action upon proposed waste load allocations, site location or site plans selected pursuant to section
25-8-702
, discharge permits secured pursuant to section
25-8-501
, amendments to the authority's wastewater management plan, and all budget and funding decisions shall require an affirmative vote of a majority of all authority members. Any vote by the special district member on such board action shall reflect the majority of the represented special districts.
(3)
All decisions of the board not enumerated in subsection (2) of this section shall be made and decided by a majority of the quorum. A quorum requires that at least fifty percent of all authority members be present.
(4)
A director shall disqualify himself from voting on any issue in which he has a conflict of interest unless such director has disclosed such conflict of interest in compliance with section
18-8-308
, C.R.S., in which case such disclosure shall cure the conflict. A director shall abstain from voting if the director would obtain a personal financial gain from the contract or services being voted upon by the authority.
(5)
Notwithstanding subsection (2) of this section, any vote regarding a change in the levy and collection of ad valorem taxes pursuant to section
25-8.5-111(1)(p)(I)
shall be limited to authority members representing municipalities or counties within the authority's boundaries.
L. 88: Entire article added, p. 1033, § 1, effective April 28. L. 2001: (2) and (3) amended and (5) added, p. 897, § 3, 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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-108 - Ex officio members

(1)
Ex officio members shall be provided with notice of the authority meetings. Ex officio members shall not serve on the board. Ex officio members are not voting members. The following shall be considered ex officio members:
(a)
Every conservation district of which more than two-thirds of its territory is included within the authority's boundaries;
(b)
Any other governmental or quasi-governmental agency designated as an ex officio member by the authority.
L. 88: Entire article added, p. 1034, § 1, effective April 28. L. 2002: (1)(a) amended, p. 517, § 13, 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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-109 - Meetings

(1)
The board shall fix the time and place at which its regular meetings shall be held and provide for the calling and holding of special meetings.
(2)
Notice of the time and place designated for all regular meetings shall be posted at the office of the county clerk and recorder of each of the counties included within the authority. Such notices shall remain posted and shall be changed in the event that the time or place of such regular meetings is changed.
(3)
Special meetings of the board shall be held at the call of the chairman or upon request of two board members. The authority shall inform all board members five calendar days before the special meeting and shall post notice in accordance with subsection (2) of this section at least three days before the special meeting of the date, time, and place of such special meeting and the purpose for which it is called.
(4)
All business of the board shall be conducted only during said regular or special meetings, and all said meetings shall be open to the public, but the board may hold executive sessions as provided in part 4 of article
6
of title
24
, C.R.S.
L. 88: Entire article added, p. 1034, § 1, effective April 28. L. 91: (4) amended, p. 821, § 5, effective June 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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-110 - Powers of board - organization - administration

(1)
The board has the following powers relating to carrying on the affairs of the authority:
(a)
To organize, adopt bylaws and rules of procedure, and select a chairman and chairman pro tempore;
(b)
To make and pass resolutions and orders which are necessary for the governance and management of the affairs of the authority, for the execution of the powers vested in the authority, and for carrying out the provisions of this article;
(c)
To fix the location of the principal place of business of the authority and the location of all offices maintained under this article;
(d)
To prescribe by resolution a system of business administration, to create any and all necessary offices, to establish the powers and duties and compensation of all employees, and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the authority;
(e)
To appoint and retain employees, agents, and consultants to make recommendations, coordinate authority activities, conduct routine business of the authority, and act on behalf of the authority under such conditions and restrictions as shall be fixed by the board;
(f)
To prescribe a method of auditing and allowing or rejecting claims and demands and a method for the letting of contracts on a fair and competitive basis for the construction of works, structures, or equipment or for the performance or furnishing of such labor, materials, or supplies as may be required for the carrying out of any of the purposes of this article.
L. 88: Entire article added, p. 1034, § 1, effective April 28.
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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-112 - Power to issue bonds

To carry out the purposes of this article, the board is authorized to issue revenue or assessment bonds of the authority. Bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum interest rate set forth in the resolution adopted by the board authorizing the issuance of the bonds, payable semiannually, and shall be due and payable serially, either annually or semiannually, commencing not later than three years after date of issuance. The form and terms of said bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium not exceeding three percent of the principal thereof. Said bonds shall be executed in the name and on behalf of the authority, signed by the chairman of the board with the seal of the authority affixed thereto, and attested by the secretary of the board. Said bonds shall be in such denominations as the board shall determine, and the bonds and coupons shall bear the original or facsimile signature of the chairman of the board.
L. 88: Entire article added, p. 1036, § 1, effective April 28.
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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-113 - Revenue refunding bonds

Any revenue bonds issued by the authority may be refunded by the authority, or by any successor thereof, in the name of the authority, subject to the provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, by the issuance of bonds to refund, pay, and discharge all or any part of such outstanding bonds, including any interest on the bonds in arrears or about to become due, for the purpose of avoiding or terminating any default in the payment of the interest on and principal of the bonds, of reducing interest costs or effecting other economies, or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any system appertaining thereto or for any combination of such purposes. Refunding bonds may be delivered in exchange for the outstanding bonds refunded or may be sold as provided in this article for an original issue of bonds.
L. 88: Entire article added, p. 1036, § 1, effective April 28.
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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-114 - Use of proceeds of revenue refunding bonds

The proceeds of revenue refunding bonds shall either be immediately applied to the retirement of the bonds being refunded or be placed in escrow in any state or national bank within the state which is a member of the federal deposit insurance corporation to be applied to the payment of the bonds being refunded upon their presentation therefor; but, to the extent any incidental expenses have been capitalized, such refunding bond proceeds may be used to defray such expenses, and any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon or the principal thereof, or both interest and principal, or may be deposited in a reserve therefor, as the board may determine. Any such escrow shall not necessarily be limited to proceeds of refunding bonds but may include other moneys available for its purpose. Any proceeds in escrow, pending such use, may be invested or reinvested in securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S. Such proceeds and investments in escrow, together with any interest to be derived from any such investment, shall be in an amount at all times sufficient as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom to pay the bonds being refunded as they become due at their respective maturities or due at any designated prior redemption dates in connection with which the board shall exercise a prior redemption option. Any purchase of any refunding bond issued under this article shall in no manner be responsible for the application of the proceeds thereof by the authority or any of its officers, agents, or employees.
L. 88: Entire article added, p. 1037, § 1, effective April 28. L. 89: Entire section amended, p. 1111, § 18, 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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-115 - Facilities - comprehensive program

(1)
The authority, acting by and through the board, may acquire, construct, lease, rent, improve, equip, relocate, maintain, and operate water quality control facilities, any project, or any part thereof for the benefit of the authority and the inhabitants thereof, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable.
(2)
(a)
The authority shall develop a comprehensive program for the water quality control facilities specified in subsection (1) of this section. A comprehensive program may consist of one project or more than one project.
(b)
A hearing on the proposed comprehensive program shall be scheduled, and notice of the hearing shall be given by publication and posted in the office of the county clerk and recorder of each member county. Upon closure of the hearing, the board may either require changes to be made in the comprehensive program or the board may approve or reject the comprehensive program as prepared.
(c)
If any substantial changes to the comprehensive program are ordered at any time, a further hearing shall be held pursuant to notice which shall be given by publication.
L. 88: Entire article added, p. 1037, § 1, effective April 28.
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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-116 - Coordination with drainage and flood control measures

(1)
Any exercise by the authority of the powers granted by section
25-8.5-111
or
25-8.5-115
which affects drainage and flood control shall be consistent with and conform to the drainage and flood control program of the urban drainage and flood control district adopted pursuant to section
32-11-214
, C.R.S., the resolutions, rules, regulations, and orders of the district issued pursuant to section
32-11-218(1)(e)
, C.R.S., and any flood plain zoning resolutions, rules, regulations, and orders of any public body having jurisdiction to adopt the same.
(2)
Construction by the authority of drainage or water quality control facilities which might or will affect drainage or flood control within the boundaries of the urban drainage and flood control district shall not be undertaken until a proposal therefor has been presented to and approved by the board of directors of said district. Such proposal shall demonstrate compliance with the requirements of subsection (1) of this section, and the board shall apply the same standards of flood control and drainage criteria for approval thereof as it applies for review of proposals presented for approval pursuant to section
32-11-221
, C.R.S. The provisions of section
32-11-221
, C.R.S., shall apply to the presentation, consideration, and determination by said board of directors of any such proposal or modification thereof.
L. 88: Entire article added, p. 1038, § 1, effective April 28.
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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-117 - Transfer of powers

(1)
Upon the adoption of the board of directors of the urban drainage and flood control district and the board of directors of the authority created herein of a joint resolution delegating the agreed-upon responsibility to the urban drainage and flood control district for carrying out and meeting, within the district's boundaries, the compliance requirements and the permitting requirements imposed with respect to storm water runoff quality by the federal "Water Quality Act of 1987" and any regulations and standards adopted pursuant thereto or pursuant to state law, all powers contained in this act to deal with water quality control and compliance relating to the agreed-upon aspects of storm water runoff and nonpoint sources of pollution, including financial powers and special assessment powers but not including ad valorem taxation powers, shall be transferred to the urban drainage and flood control district.
(2)
Upon the transfer of powers as provided in subsection (1) of this section, any allocation of waste loads affecting storm water runoff or nonpoint sources of pollution proposed or adopted by the authority shall be effective only upon adoption thereof or concurrence therewith by the board of directors of the urban drainage and flood control district.
(3)
If the urban drainage and flood control district accepts the responsibility and the transfer of powers as provided in subsection (1) of this section, after completion of a plan for water quality controls by the authority which involves storm drainage runoff or nonpoint sources and after commencement of implementation of such plan, the district shall be bound to carry out the plan as it relates to the storm water and nonpoint source powers transferred to it within the time requirements, if any, of the plan.
L. 88: Entire article added, p. 1038, § 1, effective April 28.
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 8.5 - CHERRY CREEK BASIN WATER QUALITY AUTHORITY (§§ 25-8.5-101 — 25-8.5-120) › Section 25-8.5-120 - Exclusion of property

(1)
Any owner of property within the boundaries of the authority may petition to be excluded from the authority.
(2)
In order for such property to be excluded, the board must determine that the property does not receive wastewater treatment services or have an on-site wastewater treatment system located within the authority and either:
(a)
Was improperly included within the authority; or
(b)
Is not tributary to the basin, waters, or watersheds governed by the authority or will not benefit from projects or improvements provided by the authority.
(3)
Any petition for exclusion shall specify the property to be excluded and evidence that the property complies with the criteria of subsection (2) of this section.
(4)
The authority shall provide notice of the date, time, and place of the authority's meeting to consider the petition for exclusion.
(5)
The authority may approve, modify, or deny a petition for exclusion.
(6)
If the authority approves a petition for exclusion of property, the authority shall file a copy of said resolution with the division of local government and with the county, municipality, or special district authority members which includes within its boundaries the excluded property, record a copy of the resolution in the office of the county clerk and recorder in the county in which said excluded property is located, and file a copy with the county assessor in such county.
L. 88: Entire article added, p. 1041, § 1, effective April 28. L. 2012: IP(2) amended, (HB 12-1126), ch. 137, p. 499, § 6, 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 9 - WATER AND WASTEWATER TREATMENT FACILITY OPERATORS (§§ 25-9-101 — 25-9-110) › Section 25-9-101 - Legislative declaration

To assure adequate operation of water and wastewater facilities, and to preserve the public peace, health, and safety, this article 9 and any rules authorized pursuant thereto are enacted to provide for the examination, classification, and certification of water and wastewater facility operators and to establish minimum standards therefor based upon their knowledge and experience, to provide procedures for certification, to encourage career and technical education for such operators, to provide a penalty for the wrongful use of the title "certified operator", to require each water and wastewater facility to be under the supervision of a certified operator, to provide for the classification of all water and wastewater facilities in the state, and to provide a penalty for the operation of a water or wastewater facility without supervision of a certified operator.
Amended by 2017 Ch. 264,§ 91, eff. 5/25/2017.
L. 73: p. 747, § 1. C.R.S. 1963: § 66-38-1. L. 2000: Entire section amended, p. 767, § 1, effective May 23. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1409, § 91, effective May 25.
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 25-9-103 - Water and wastewater facility operators certification board - composition - repeal of article

(1)
There is created the water and wastewater facility operators certification board, which constitutes a section of the division of administration of the department and consists of the following ten members appointed by the governor:
(a)
A certified water treatment or domestic wastewater treatment facility operator with the highest level of certification available in Colorado;
(b)
A certified industrial wastewater treatment facility operator or other representative of a private entity that operates an industrial wastewater treatment facility;
(c)
A city manager, manager of a special district, or utility manager in a city, county, or city and county that operates a domestic water or wastewater treatment facility;
(d)
A representative of the department of public health and environment, who shall be an ex officio, nonvoting member;
(e)
A certified water distribution or wastewater collection system operator with the highest level of certification available in Colorado;
(f)
A representative of water or wastewater facilities serving rural areas; and
(g)
Four members appointed to achieve geographical representation and to reflect the various interests in the water and wastewater facility certification program. At least one of such members shall reside west of the continental divide, and at least one shall reside in the rural portion of the eastern plains of Colorado.
(2)
At least four of the voting members of the board shall be certified water or wastewater facility operators, including representatives of both the water and wastewater industries.
(3)
(a)
Appointments of members to the board are for terms of four years.
(b)
(Deleted by amendment, L. 2020.)
(4)
This article 9 is repealed, effective September 1, 2031. Before the repeal, the water and wastewater facility operators certification board is scheduled for review in accordance with section
24-34-104
.
Amended by 2022 Ch. 2, § 81, eff. 2/25/2022.
Amended by 2020 Ch. 273, § 2, eff. 7/11/2020.
Amended by 2013 Ch. 391,§ 3, eff. 7/1/2013.
Amended by 2013 Ch. 391,§ 2, eff. 7/1/2013.
L. 73: p. 748, § 1. C.R.S. 1963: § 66-38-3. L. 88: (4) added, p. 931, § 17, effective April 28. L. 91: (4) amended, p. 688, § 58, effective April 20. L. 96: Entire section amended, p. 357, § 2, effective July 1. L. 2000: (1) and (4) amended, p. 768, § 3, effective May 23. L. 2004: Entire section amended, p. 280, § 3, effective July 1. L. 2011: (3) amended, (SB 11-021), ch. 66, p. 174, § 1, effective July 1. L. 2013: IP(1), (1)(f), and (4) amended, (SB 13-150), ch. 391, pp. 2270, 2269, §§ 3, 2, effective July 1. L. 2020: (3) and (4) amended, (HB 20-1215), ch. 1335, p. 1335, § 2, 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.