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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 1 - CLEAN-UP (§§ 25-16-101 — 25-16-105) › Section 25-16-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that the existence of facilities subject to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", including old radium mill residue deposits, poses a potential and significant health hazard. This article is therefore enacted to protect the public health, safety, and welfare by cooperating with the federal government in providing for the disposal and control of such wastes in a safe and environmentally sound manner to prevent or minimize other environmental impacts from such wastes and by providing for the creation of a hazardous substance response fund to provide the necessary state's share of the response costs of cleaning up such sites.
(2)
The general assembly also finds and declares that in order to further the purposes of section
30-20-100.5
, C.R.S., it is necessary for a portion of the solid waste user fee imposed under section
25-16-104.5
to be used for the purposes specified in part 1 of article
20
of title
30
, C.R.S.
L. 84: Entire article RC&RE, p. 785, § 1, effective April 12. L. 85: Entire section amended, p. 915, § 1, effective July 1. L. 98: Entire section amended, p. 879, § 1, effective July 1.
For the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", see 42 U.S.C. § 9601 et seq.
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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 1 - CLEAN-UP (§§ 25-16-101 — 25-16-105) › Section 25-16-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Attended solid waste disposal site" means a site established pursuant to part 1 of article
20
of title
30
, C.R.S., at which an attendant is present during the normal hours of operation on or after December 31, 1984. This term shall not include any site which is deemed to hold a certificate of designation, but for which such certificate is not required, pursuant to section
30-20-102(4)
, C.R.S.; nor shall it include any site used by a person for disposal of solid waste on his own property pursuant to section
30-20-102(3)
, C.R.S.
(1.5)
"Commission" means the solid and hazardous waste commission created in section
25-15-302
.
(2)
"Department" means the department of public health and environment.
(3)
"Federal act" means the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", as from time to time amended.
(4)
"Hazardous substance" has the same meaning as that ascribed to it in the federal act.
(5)
"National contingency plan" has the same meaning as that ascribed to it in the federal act and the OPA.
(5.3)
"Oil" has the same meaning as that ascribed to it in the OPA.
(5.6)
"OPA" means the federal "Oil Pollution Act of 1990",
33 U.S.C. sec. 2701
et seq., as amended.
(6)
"Remedial action" has the same meaning as that ascribed to it in the federal act.
(7)
"Removal" has the same meaning as that ascribed to it in the federal act.
(8)
"Response" has the same meaning as that ascribed to it in the federal act.
(9)
"Responsible party" has the same meaning as that ascribed to it in the federal act and the OPA.
(10)
"Solid waste" has the same meaning as that ascribed to it in section
30-20-101(6)
, C.R.S.
(11)
"Waste producer" means any legal person who contracts for the transportation of waste ultimately destined for an attended solid waste disposal site.
Amended by 2016 Ch. 53,§ 1, eff. 8/10/2016.
L. 84: Entire article RC&RE, p. 785, § 1, effective April 12. L. 85: Entire section R&RE, p. 915, § 2, effective July 1. L. 94: (2) amended, p. 2792, § 533, effective July 1. L. 2010: (1.5) added, (HB 10-1329), ch. 358, p. 1702, §1, effective June 7. L. 2016: (5) and (9) amended and (5.3) and (5.6) added, (SB 16-092), ch. 53, p. 123, § 1, effective August 10.
(1) For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. (2) For the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", see 42 U.S.C. § 9601 et seq.
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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 1 - CLEAN-UP (§§ 25-16-101 — 25-16-105) › Section 25-16-103 - Authorization to participate - implementation

(1)
The general assembly hereby authorizes the department of public health and environment to participate in federal implementation of the federal act and the OPA and, for such purpose, the department has the authority to participate in the selection and performance of responses and remedial actions and to enter into cooperative agreements with the federal government providing for remedial actions and responses. The department, with the consent of the governor, has the authority to decline to participate with the federal government on remedial actions which the department determines are not in the interest of the state. Any cooperative agreements entered into under this article may provide assurances acceptable to the federal government that:
(a)
The state will assure all future maintenance of the removal and remedial actions provided for the expected life of such actions;
(b)
The state will assure the availability of an acceptable hazardous waste disposal facility for any necessary off-site storage, destruction, treatment, or secure disposition of the hazardous substances.
(2)
Any state matching payment required by a cooperative agreement entered into pursuant to this section must be approved by the general assembly acting by bill.
Amended by 2016 Ch. 53,§ 2, eff. 8/10/2016.
L. 84: Entire article RC&RE, p. 785, § 1, effective April 12. L. 88: IP(1) amended, p. 1050, § 1, effective April 4. L. 94: IP(1) amended, p. 2792, § 534, effective July 1. L. 2016: IP(1) amended, (SB 16-092), ch. 53, p. 123, § 2, effective August 10.
(1) For the approval by the general assembly of the state matching payment as required by subsection (2) of this section, see L. 85, p. 919, § 7. (2) For the legislative declaration contained in the 1994 act amending the introductory portion to subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 1 - CLEAN-UP (§§ 25-16-101 — 25-16-105) › Section 25-16-104 - Financial participation

Subject to the provisions of section
25-16-103
, the general assembly accepts the provisions of section 104 (c)(3)(C) of the federal act requiring the state to pay or assure payment of the necessary state share of response costs, as appropriated by the general assembly, including all future operation and maintenance costs. Any remedial action requiring state matching payment shall be explicitly approved by the general assembly acting by bill and shall be subject to appropriation.
L. 84: Entire article RC&RE, p. 785, § 1, effective April 12. L. 88: Entire section amended, p. 1050, § 2, effective April 4.
Cross references:
For the approval by the general assembly of the state matching payment as required by this section, see L. 85, p. 919, § 7.
For the approval by the general assembly of the state matching payment as required by this section, see L. 85, p. 919, § 7.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 1 - CLEAN-UP (§§ 25-16-101 — 25-16-105) › Section 25-16-104.7 - Natural resource damage recoveries - fund created

(1)
Except as provided in subsection (3) of this section, money recovered through litigation by the state acting as trustee of natural resources pursuant to the federal act or the OPA, and any interest derived therefrom, are credited to the natural resource damage recovery fund, which fund is hereby created. The department may expend the custodial money in the fund without further appropriation for purposes authorized by the federal act or the OPA, including the restoration, replacement, or acquisition of the equivalent of natural resources that have been injured, destroyed, or lost as a result of a release of a hazardous substance or oil. In addition, the department shall use the money in the natural resource damage recovery fund in a manner that is consistent with any judicial order, decree, or judgment governing the use of any particular recovery credited to the fund.
(2)
Repealed.
(3)
To the extent authorized by law, and consistent with a final judicial order or decree in any litigation by the state acting as trustee of natural resources pursuant to the federal act or the OPA, any recovery of natural resource damage assessment or other costs, including litigation costs and fees, shall be credited to the fund from which such costs were originally paid.
(4)
Repealed.
Amended by 2016 Ch. 53,§ 5, eff. 8/10/2016.
Amended by 2013 Ch. 84,§ 1, eff. 3/29/2013.
L. 85: Entire section added, p. 918, § 3, effective July 1. L. 90: Entire section R&RE, p. 1350, § 2, effective July 1. L. 2005: (2) repealed, p. 287, § 33, effective August 8. L. 2007: (1) amended and (3) added, p. 325, § 1, effective April 2; (3) amended, p. 1504, § 2, effective May 31. L. 2010: (4) added, (HB 10-1325), ch. 30, p. 110, §1, effective March 18. L. 2013: (1), (4)(b), and (4)(c) amended and (4)(b.5) added, (SB 13-113), ch. 84, p. 269, § 1, effective March 29. L. 2016: (1) and (3) amended, (SB 16-092), ch. 53, p. 125, § 5, effective August 10.
Subsection (4)(c) provided for the repeal of subsection (4), effective July 1, 2020. (See L. 2013, p. 269.)
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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 1 - CLEAN-UP (§§ 25-16-101 — 25-16-105) › Section 25-16-104.8 - [Repealed]

L. 90: Entire section added, p. 1350, § 3, effective July 1. L. 2000: Entire section repealed, p. 462, § 6, effective August 2.
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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 1 - CLEAN-UP (§§ 25-16-101 — 25-16-105) › Section 25-16-104.9 - Hazardous substance site response fund - creation - transfer - use - definition - repeal

(1)
As used in this section, "fund" means the hazardous substance site response fund created in subsection (2) of this section.
(2)
(a)
The hazardous substance site response fund is created in the state treasury. The fund consists of any money transferred pursuant to section
24-75-220 (4)(a)
(III.5). The general assembly may appropriate money in the fund to the department for the purposes specified in section
25-16-104
.
(b)
(I)
On May 1, 2023, the state treasurer shall transfer one million eight hundred thousand dollars from the fund to the hazardous substance response fund created in section
25-16-104.6 (1)(a)
.
(II)
This subsection (2)(b) is repealed, effective July 1, 2024.
(3)
Any moneys in the fund not expended may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund are credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and may not be credited or transferred to the general fund or any other fund.
(4)
(a)
(I)
On May 1, 2024, the state treasurer shall transfer to the hazardous substance response fund created in section 25-16-104.6 four million dollars from the hazardous substance site response fund.
(II)
This subsection (4)(a) is repealed, effective July 1, 2025.
(b)
(I)
On May 1, 2025, the state treasurer shall transfer to the hazardous substance response fund created in section 25-16-104.6 the unexpended and unencumbered money in the hazardous substance site response fund.
(II)
This subsection (4)(b) is repealed, effective July 1, 2026.
Amended by 2024 Ch. 85,§ 2, eff. 4/18/2024.
Amended by 2023 Ch. 82,§ 2, eff. 4/17/2023.
Added by 2014 Ch. 299, § 1, eff. 5/31/2014.
L. 2014: Entire section added, (HB 14-1339), ch. 299, p. 1252, § 1, 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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 1 - CLEAN-UP (§§ 25-16-101 — 25-16-105) › Section 25-16-105 - [Repealed]

L. 84: Entire article RC&RE, p. 785, § 1, effective April 12. L. 85: Entire section amended, p. 921, § 3, effective February 19. L. 88: Entire section repealed, p. 1052, § 6, effective April 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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 2 - [Repealed] (§ 25-16-201) › Section 25-16-201 - [Repealed]

L. 85: Entire part added, p. 921, § 2, effective February 19; (1)(b) added by revision, p. 918, § 5; (1) amended, p. 918, § 4, effective July 1. L. 88: (1)(a) amended, p. 1051, § 5, effective April 4. L. 90: (2) repealed, p. 1351, § 4, effective July 1.
Subsection (1)(b) provided for the repeal of subsection (1), effective January 1, 1990. (See L. 85, p. 918.)
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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 3 - VOLUNTARY CLEAN-UP AND REDEVELOPMENT ACT (§§ 25-16-301 — 25-16-312) › Section 25-16-301 - Short title

This part 3 shall be known and may be cited as the "Voluntary Clean-up and Redevelopment Act".
L. 94: Entire part added, p. 1948, § 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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 3 - VOLUNTARY CLEAN-UP AND REDEVELOPMENT ACT (§§ 25-16-301 — 25-16-312) › Section 25-16-302 - Legislative declaration

(1)
The general assembly hereby declares that the purpose of this part 3 is to provide for the protection of human health and the environment and to foster the transfer, redevelopment, and reuse of facilities and sites that have been previously contaminated with hazardous substances or petroleum products. The general assembly further declares that this program is intended to permit and encourage voluntary clean-ups of contaminated property by providing persons interested in redeveloping existing industrial sites with a method of determining what the clean-up responsibilities will be when they plan the reuse of existing sites. It is the further intent of the general assembly that this voluntary program operate in such a way as to:
(a)
Eliminate impediments to the sale or redevelopment of previously contaminated property;
(b)
Encourage and facilitate prompt clean-up activities; and
(c)
Minimize administrative processes and costs.
L. 94: Entire part added, p. 1948, § 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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 3 - VOLUNTARY CLEAN-UP AND REDEVELOPMENT ACT (§§ 25-16-301 — 25-16-312) › Section 25-16-304 - Voluntary clean-up plan

(1)
Any person who owns real property which has been contaminated with hazardous substances or petroleum products may submit an application for the approval of a voluntary clean-up plan to the department under the provisions of this section.
(2)
A voluntary clean-up plan shall include:
(a)
An environmental assessment of the real property which describes the contamination, if any, on the property and the risk the contamination currently poses to public health and the environment;
(b)
A proposal, if needed, to remediate any contamination or condition which has or could lead to a release which poses an unacceptable risk to human health or the environment, considering the present and any differing proposed future use of the property and a timetable for implementing the proposal and for monitoring the site after the proposed measures are completed;
(c)
A description of applicable promulgated state standards establishing acceptable concentrations of constituents in soils, surface water, or groundwater and, for constituents present at the site for which such state standards do not exist, a description of proposed clean-up levels and any current risk to human health or the environment based upon the current or proposed use of the site.
L. 94: Entire part added, p. 1950, § 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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 3 - VOLUNTARY CLEAN-UP AND REDEVELOPMENT ACT (§§ 25-16-301 — 25-16-312) › Section 25-16-305 - Remediation alternatives

(1)
Remediation alternatives shall be based on the actual risk to human health and the environment currently posed by contaminants on the real property, considering the following factors:
(a)
The present or proposed uses of the site;
(b)
The ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels which exceed applicable promulgated state standards or, in the absence of such standards, which represent an unacceptable risk to human health or the environment;
(c)
The potential risks associated with proposed clean-up alternatives and the economic and technical feasibility and reliability of such alternatives.
L. 94: Entire part added, p. 1951, § 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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 3 - VOLUNTARY CLEAN-UP AND REDEVELOPMENT ACT (§§ 25-16-301 — 25-16-312) › Section 25-16-308 - Environmental assessment - requirements

(1)
The department may only accept environmental assessments under this part 3 that are prepared by a qualified environmental professional. A qualified environmental professional is a person with education, training, and experience in preparing environmental studies and assessments.
(2)
The environmental assessment described in section
25-16-304(2)(a)
shall include the following information:
(a)
The legal description of the site and a map identifying the location and size of the property;
(b)
The physical characteristics of the site and areas contiguous to the site, including the location of any surface water bodies and groundwater aquifers;
(c)
The location of any wells located on the site or on areas within a one-half mile radius of the site and a description of the use of those wells;
(d)
The current and proposed use of on-site groundwater;
(e)
The operational history of the site and the current use of areas contiguous to the site;
(f)
The present and proposed uses of the site;
(g)
Information concerning the nature and extent of any contamination and releases of hazardous substances or petroleum products which have occurred at the site including any impacts on areas contiguous to the site;
(h)
Any sampling results or other data which characterizes the soil, groundwater, or surface water on the site; and
(i)
A description of the human and environmental exposure to contamination at the site based upon the property's current use and any future use proposed by the property owner.
L. 94: Entire part added, p. 1954, § 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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 3 - VOLUNTARY CLEAN-UP AND REDEVELOPMENT ACT (§§ 25-16-301 — 25-16-312) › Section 25-16-309 - Coordination with other laws

(1)
Nothing in this part 3 shall absolve any person from obligations under any other law or regulation, including any requirement to obtain permits or approvals for work performed under a voluntary clean-up plan.
(2)
If the United States environmental protection agency indicates that it is investigating a site which is the subject of an approved voluntary clean-up plan or no action petition, the department shall actively pursue a determination by the United States environmental protection agency that the property not be addressed under the federal act or, in the case of property being addressed through a voluntary clean-up plan, that no further federal action be taken with respect to the property at least until the voluntary clean-up plan is completely implemented.
L. 94: Entire part added, p. 1955, § 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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 3 - VOLUNTARY CLEAN-UP AND REDEVELOPMENT ACT (§§ 25-16-301 — 25-16-312) › Section 25-16-310 - Enforceability of voluntary clean-up plans and no action determinations

(1)
Voluntary clean-up plans are not enforceable against a property owner; except that, if the department can demonstrate that a property owner who initiated a voluntary clean-up under an approved plan has failed to fully and properly implement that plan, the department may require further action if the action is authorized by other laws or regulations of this state.
(2)
Information provided by a property owner to support a voluntary clean-up plan or no action petition shall not provide the department with an independent basis to seek penalties from the property owner pursuant to state environmental statutes or regulations. If, pursuant to other state statutes or regulations, the department initiates an enforcement action against the property owner subsequent to the submission of a voluntary clean-up plan or no action petition regarding the contamination addressed in the plan or petition, the voluntary disclosure of the information in the plan or petition shall be considered by the enforcing authority to reduce or eliminate any penalties assessed to the property owner.
L. 94: Entire part added , p. 1955, § 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 16 - HAZARDOUS WASTE SITES (§§ 25-16-101 — 25-16-312) › Part 3 - VOLUNTARY CLEAN-UP AND REDEVELOPMENT ACT (§§ 25-16-301 — 25-16-312) › Section 25-16-311 - [Repealed]

L. 94: Entire part added, p. 1956, § 1, effective July 1. L. 99: Entire section repealed, p. 265, § 1, effective April 9.
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 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-101 - Short title

This article shall be known and may be cited as the "Pollution Prevention Act of 1992".
The short title of this article 16.5 is the "Colorado Sustainability Act".
Amended by 2024 Ch. 192,§ 1, eff. 7/1/2024.
L. 92: Entire article added, p. 1326, § 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 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-103 - Definitions

As used in this article 16.5, unless the context otherwise requires:
(1)
"Circular economy" has the meaning set forth in section 25-17-601 (2).
(2)
"Colorado circular communities enterprise" or "enterprise" means the Colorado circular communities enterprise created in section 25-16.5-109 (3).
(3)
"Department" means the department of public health and environment.
(4)
"Federal act" means the federal "Emergency Planning and Community Right-to-know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499.
(5)
"Hazardous substance" means those chemicals defined as hazardous substances under section 313 of the federal "Superfund Amendments and Reauthorization Act of 1986" (SARA Title III), as amended, and sections 101 (14) and 102 of the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" (CERCLA), 42 U.S.C. sec. 9601 et seq., as amended.
(6)
"Local government" means a statutory or home rule city, county, or city and county.
(7)
"Organic materials" has the meaning set forth in section 25-17-901 (5).
(8)
"School" means:
(a)
a school of a school district;
(b)
a district charter school, as defined in section 22-11-103 (12);
(c)
An institute charter school, as defined in section 22-30.5-502 (6);
(d)
An approved facility school, as defined in section 22-2-402 (1); or
(e)
a board of cooperative services, as defined in section 22-5-103 (2).
(9)
"State institution of higher education" has the meaning set forth in section 23-18-102 (10).
(10)
"Sustainability" means nonregulatory activities that, for both current and future generations, protect the environment, support local and state economics, and promote public health.
(11)
"Waste diversion and aversion" or "waste diversion or aversion" means the sustainable design, production, distribution, consumption, recoverability, reuse, waste prevention, repair, collection, and recycling of a variety of materials, including construction and demolition materials, single-stream materials, technology and electronic materials; food recovery; and the composting of raw and reused materials, including organic materials.
Amended by 2024 Ch. 192,§ 1, eff. 7/1/2024.
L. 92: Entire article added, p. 1327, § 1, effective July 1. L. 94: (3) amended, p. 2793, § 536, effective July 1.
(1) For the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" (CERCLA), see Pub.L. 96-510. (2) For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-104 - Recycling resources economic opportunity fund - creation -repeal

(1)
(a)
The recycling resources economic opportunity fund, referred to in this section as the "fund", is created in the state treasury. Money in the fund is annually appropriated to the department for use in accordance with subsection (2) of this section. The fund consists of all money that may be available to the fund, including money made available from gifts, grants, or donations.
(b)
All interest derived from the deposit of money in the fund shall be credited to the fund. Except as provided in subsection (4) of this section, at the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund.
(2)
Money in the fund shall be used to pay for administrative costs incurred by the department in implementing House Bill 07-1288, enacted in 2007.
(3)
Except as otherwise provided in this section, money in the fund shall not be used for the administration, implementation, or enforcement of any state law or rule.
(4)
On September 30, 2025, the state treasurer shall transfer any money remaining in the fund to the Colorado circular communities fund created in section 25-16.5-109 (4).
(5)
This section is repealed, effective October 1, 2025.
Amended by 2024 Ch. 192,§ 1, eff. 7/1/2024.
L. 92: Entire article added, p. 1328, § 1, effective July 1. L. 95: (2) repealed, p. 116, § 3, effective March 31; (2) repealed, p. 181, § 2, effective April 7. L. 2005: (1) amended, p. 287, § 34, 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 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-105 - Recycling resources economic opportunity program - grants -repeal

(1)
To ensure continuity of operations, any grant agreement or contract that the department entered into pursuant to this section as it existed before House Bill 24-1449 was enacted in 2024 is transferred or assigned to the Colorado circular communities enterprise board established pursuant to section 25-16.5-109 (3). The department may assign any contract or agreement to the Colorado circular communities enterprise board until January 31, 2025. The department may administer the services on the enterprise's behalf in the interim to the extent necessary to maintain operations. The enterprise shall compensate the department at fair market value for any interim services that the department provides.
(2)
The Colorado circular communities enterprise shall administer any grants that the pollution prevention advisory board has approved prior to the board's repeal pursuant to House Bill 24-1449, enacted in 2024.
(3)
This section is repealed, effective October 1, 2025.
Amended by 2024 Ch. 192,§ 1, eff. 7/1/2024.
Amended by 2020 Ch. 289, § 2, eff. 9/14/2020.
Amended by 2017 Ch. 33, § 8, eff. 3/16/2017.
Amended by 2013 Ch. 384, § 2, eff. 8/7/2013.
L. 92: Entire article added, p. 1329, § 1, effective July 1. L. 95: Entire section amended, p. 181, § 3, effective April 7. L. 96: (1)(f) repealed, p. 1260, § 164, effective August 7. L. 2007: (1)(j.5) and (2) added, p. 1602, §§ 2, 3, effective May 31; (1)(h), (1)(i), (1)(j), (1)(k), (1)(l), and (1)(m) added, p. 1135, § 4, effective July 1. L. 2008: (1)(m)(I) amended, p. 71, § 8, effective March 18. L. 2010: (1)(j.5), (1)(k), and (2) amended, (HB 10-1018), ch. 2163, p. 2163, § 3, effective June 10. L. 2012: (1)(m)(I) amended, (HB 12-1315), ch. 974, p. 974, § 34, effective July 1. L. 2013: IP(1), (1)(i), and (1)(k)(I) amended, (SB 13-050), ch. 2248, p. 2248, § 2, effective August 7. L. 2017: (1)(m)(I) amended, (SB 17 -056), ch. 94, p. 94, § 8, effective March 16. L. 2020: (1)(n) added, (SB 20-055), ch. 1430, p. 1430, § 2, effective September 14.
Subsection (1)(k)(I)(A) provided for the repeal of subsection (1)(k)(I)(A), effective July 1, 2011. (See L. 2010, p. 2163.)
For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2007 act enacting subsections (1)(h), (1)(i), (1)(j), (1)(k), (1)(l), and (1)(m), see section 2 of chapter 278, Session Laws of Colorado 2007.
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 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-106 - Statewide voluntary sustainability program

(1)
The department shall establish a statewide, voluntary program that:
(a)
Encourages, supports, and rewards businesses, such as for-profit entities, nonprofits, local governments, schools, and state institutions of higher education; and
(b)
Moves the state toward evidenced sustainability.
(2)
In implementing the statewide, voluntary program, the department may:
(a)
Provide assessments and technical assistance to businesses seeking to increase sustainability in their operations;
(b)
Facilitate business collaborations and peer-to-peer support;
(c)
Establish regional partnerships and partnerships with local governments, where partners consistently apply the department framework for achieving sustainable business operations;
(d)
Support businesses in marketing their sustainability achievements and efforts;
(e)
Recognize businesses' sustainability achievements;
(f)
Promote funding opportunities that can assist businesses with achieving their sustainability goals;
(g)
Provide services and funding to assist small businesses; and
(h)
At the discretion of the department, deliver additional sustainability services to meet business needs.
Amended by 2024 Ch. 192,§ 1, eff. 7/1/2024.
L. 92: Entire article added, p. 1329, § 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 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-107 - Pollution prevention fees

(1)
(a)
The department shall charge and collect pollution prevention fees from any reporting facility that is required to file a report with the department pursuant to the federal act as follows:
(I)
Facilities required to report pursuant to section 11002 of the federal act shall pay an annual fee not to exceed ten dollars per reporting facility;
(II)
Each facility required to report pursuant to section 11022 of the federal act is required to pay an annual fee not to exceed ten dollars for every hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency; and
(III)
Each facility required to report pursuant to section 11023 of the federal act shall pay an annual fee not to exceed twenty-five dollars for every extremely hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency.
(b)
The department shall charge and collect pollution prevention fees from any federal agency from which, pursuant to federal Executive Order No. 12856, as published in 58 Fed. Reg. 41981 (1993), the department has the authority to collect pollution prevention fees.
(c)
Any retail motor fuel outlet that is required to report pursuant to the federal act shall pay one-half of the fee set forth in subsection (1)(a) of this section.
(d)
Any single reporting organization that owns or operates multiple reporting facilities is not required to pay more than a total of one thousand dollars for all pollution prevention fees required by this section.
(e)
Agricultural businesses that are required to report under the federal act are not required to pay the pollution prevention fees set forth in this subsection (1).
(f)
It is the intent of the general assembly that the department collect all fees from any reporting facility required to report under the federal act, including the pollution prevention fee, in a single, centralized billing procedure.
(2)
The department shall transmit any money collected pursuant to subsection (1) of this section to the state treasurer and the state treasurer shall credit the money to the pollution prevention fund created in section 25-16.5-108.
Amended by 2024 Ch. 192,§ 1, eff. 7/1/2024.
L. 92: Entire article added, p. 1331, § 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 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-108 - Pollution prevention fund - created

(1)
There is created in the state treasury the pollution prevention fund. Any money collected pursuant to section 25-16.5-107 is credited to the fund. All interest derived from the deposit and investment of money in the fund is credited to the general fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.
(2)
The money generated from the pollution prevention fees pursuant to section 25-16.5-107 is annually appropriated to the department to cover the direct and indirect costs for sustainability services set forth in section 25-16.5-106. The money in the fund shall not be used for the enforcement of any state law or regulation governing environmental protection.
Amended by 2024 Ch. 192,§ 1, eff. 7/1/2024.
L. 92: Entire article added, p. 1332, § 1, effective July 1. L. 94: (1)(e) amended, p. 2793, § 537, effective July 1. L. 95: (1)(a) and (3) amended and (1)(a.5) added, p.182, § 4, effective April 7.
For the legislative declaration contained in the 1994 act amending subsection (1)(e), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-110 - [Repealed] Stakeholder feedback - report

(1)
Stakeholders may provide the department with feedback about the effectiveness of the enterprise, including any factors that facilitate or inhibit progress, which factors may relate to the enterprise itself or to other areas such as the circular economy development center or producer responsibility program. At any time the department chooses, the department shall share the feedback with the board to inform the board's strategies and decisions.
(2)
By January 1, 2030, the department, after engaging stakeholders, shall submit a report to the committees of reference of the general assembly with jurisdiction over environmental matters regarding the enterprise and any recommendations. The department's recommendations in the report may include:
(a)
The statutory repeal date of the enterprise, if any;
(b)
Enterprise fee amounts, including a proposed schedule for fee increases or a recommendation to move to a single, statewide fee; and
(c)
Progress toward delivering statewide services.
Amended by 2024 Ch. 192,§ 1, eff. 7/1/2024.
L. 92: Entire article added, p. 1333, § 1, effective July 1. L. 96: Entire section repealed, p. 1261, § 165, effective August 7.
For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
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 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-112 - [Repealed]

Repealed by subsection (5), eff. 9/1/2022.
Added by 2020 Ch. 289, § 1, eff. 9/14/2020.
L. 2020: Entire section added, (SB 20-055), ch. 1428, p. 1428, § 1, effective September 14.
Section 8 of chapter 289 (SB 20-055), Session Laws of Colorado 2020, provides that the act adding this section applies to conduct occurring on or after September 14, 2020.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-113 - [Repealed]

Repealed by subsection (3), eff. 9/1/2022.
Added by 2020 Ch. 289, § 1, eff. 9/14/2020.
L. 2020: Entire section added, (SB 20-055), ch. 1430, p. 1430, § 1, effective September 14.
Section 8 of chapter 289 (SB 20-055), Session Laws of Colorado 2020, provides that the act adding this section applies to conduct occurring on or after September 14, 2020.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 17 - WASTE DIVERSION AND RECYCLING (§§ 25-17-101 — 25-17-903) › Part 1 - RECYCLING OF PRODUCTS (§§ 25-17-101 — 25-17-108) › Section 25-17-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that the recycling of materials and products is a matter of statewide concern and that such recycling should be promoted in cooperation with units of local government in light of its economic and environmental benefits. The general assembly further finds that the recycling of materials and products will decrease the amount of materials and products which is disposed of in landfills and will also spur economic development in the recycling industry in Colorado. It is the intent of the general assembly in adopting this act to encourage the development of the recycling industry and the development of markets for recycled materials and products.
(2)
The general assembly further finds and declares that:
(a)
Proper management of waste in all forms is necessary to protect the public health and environment for the citizens of this state;
(b)
The diversion of waste from the waste stream by encouraging available, affordable, and innovative alternatives to disposal is a key strategy in any state-local waste management policy;
(c)
A comprehensive, cooperative, and integrated approach to waste management is necessary to achieve the goal of diverting waste from the municipal waste stream;
(d)
Such an approach should foster public and private initiatives to reduce and divert waste through: Source reductions; recycling, including the secondary use of waste material or products in all forms; composting as a recycling option for materials such as yard debris, food scraps, and soiled or otherwise unrecyclable paper which are not recovered using traditional recycling methods; and other waste management strategies and disposal alternatives; and
(e)
The state's waste management policies should include a combination of tax incentives, procurement policies, and economic development incentives: To encourage government entities and businesses and individuals to reduce sources of waste, recycle, and compost; to encourage the development of the recycling industry; and to encourage the development of markets for reusable, recycled, and composted products and materials.
L. 89: Entire section added, p. 1180, § 1, effective July 1. L. 93: Entire section amended, p. 2133, § 6, effective June 12.
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 17 - WASTE DIVERSION AND RECYCLING (§§ 25-17-101 — 25-17-903) › Part 1 - RECYCLING OF PRODUCTS (§§ 25-17-101 — 25-17-108) › Section 25-17-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Cathode ray tube product" means an item of scientific equipment or a consumer electronic product that contains a glass tube used to provide an electronic visual display. The term includes, but is not limited to, televisions, computer monitors, and oscilloscopes.
(1.5)
"Label" means one of the code labels described in section
25-17-103
that is molded into the bottom of a plastic container.
(2)
"Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow.
(3)
"Plastic bottle" means a plastic container that has a neck that is smaller than the body of the container, accepts a screw-type, snap-cap, or other closure, and has a capacity of sixteen fluid ounces or more but less than five gallons.
(4)
"Rigid plastic container" means any formed or molded container other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.
L. 89: Entire article added, p. 1180, § 1, effective July 1. L. 2001: (1) amended and (1.5) added, p. 1470, § 1, effective June 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 17 - WASTE DIVERSION AND RECYCLING (§§ 25-17-101 — 25-17-903) › Part 1 - RECYCLING OF PRODUCTS (§§ 25-17-101 — 25-17-108) › Section 25-17-103 - Labeling and coding

On or after July 1, 1992, no person shall distribute, sell, or offer for sale in this state any plastic bottle or rigid plastic container manufactured on or after July 1, 1992, unless the product is labeled with a code indicating the plastic resin used to produce the bottle or container. Plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. Such code shall consist of a number placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the arrow. The triangle, formed by the three arrows curved at their midpoints, shall depict a clockwise path around the code number. The numbers and letters used shall be as follows: 1=PETE (polyethylene terephthalate), 2=HDPE (high density polyethylene), 3=V (vinyl), 4=LDPE (low density polyethylene), 5=PP (polypropylene), 6=PS (polystyrene), 7=OTHER (includes multi-layer).
L. 89: Entire article added, p. 1181, § 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 17 - WASTE DIVERSION AND RECYCLING (§§ 25-17-101 — 25-17-903) › Part 1 - RECYCLING OF PRODUCTS (§§ 25-17-101 — 25-17-108) › Section 25-17-104 - Local government preemption - repeal

(1)
No unit of local government shall require or prohibit the use or sale of specific types of plastic materials or products or restrict or mandate containers, packaging, or labeling for any consumer products.
(2)
This section is repealed, effective July 1, 2024.
Repealed by 2021 Ch. 440, § 1, eff. 7/1/2024.
L. 89: Entire article added, p. 1181, § 1, effective July 1. L. 93: Entire section amended, p. 2134, § 7, effective June 12. L. 2021: (2) added by revision, (HB 21-1162), ch. 440, pp. 2910, 2916, §§ 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 17 - WASTE DIVERSION AND RECYCLING (§§ 25-17-101 — 25-17-903) › Part 1 - RECYCLING OF PRODUCTS (§§ 25-17-101 — 25-17-108) › Section 25-17-105 - Pilot program - recycled plastic and products - rules

(1)
The executive director of the department of local affairs may establish a pilot program for the purpose of encouraging private industry to engage in the research and development of new technologies for recycling plastics. The executive director of the department of local affairs may cooperate with any other entity of state government, including institutions of higher education, in developing the pilot program.
(2)
The executive director of the department of local affairs may make grants or loans to private industry for the research and development authorized by subsection (1) of this section. Said grants and loans shall be made only to private industries for location or expansion in Colorado.
(3)
The executive director of the department of local affairs is hereby authorized to accept any grants or loans from any public or private source for the purpose of encouraging plastics recycling. None of such moneys shall be used for overhead or administrative costs of the department.
(4)
The executive director of the department of local affairs may establish a pilot program for the purpose of encouraging private enterprises and state and local government entities to develop and implement waste diversion strategies or programs. The executive director of such department is hereby authorized to accept grants or loans from any public or private source for the purpose of implementing this section. The executive director may make grants or loans from such moneys to such entities for the development of waste diversion strategies.
L. 89: Entire article added, p. 1181, § 1, effective July 1. L. 93: (4) added, p. 2134, § 8, effective June 12.