Hazardous Waste Sites

C.R.S. tit. 25, art. 16
in effect

C.R.S. § 25-16-101 Legislative declaration

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.

C.R.S. § 25-16-102 Definitions

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.

C.R.S. § 25-16-103 Authorization to participate - implementation

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.

C.R.S. § 25-16-104 Financial participation

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.

C.R.S. § 25-16-104.5 Solid waste user fee - imposed - rate - legislative declaration - rules - repeal

25-16-104.5. Solid waste user fee - imposed - rate - legislative declaration - rules - repeal. (1) Repealed. (1.5) The general assembly hereby finds and declares that, for purposes of this section, a user fee is intended to be a charge imposed upon waste producers in addition to any charge specified by contract. Any such user fee imposed by this section shall be itemized and depicted on any bill, receipt, or other mechanism used for solid waste management services rendered to any person disposing of solid waste and shall be in addition to the costs of any other solid waste management services provided. (1.7) (a) On or after July 1, 2010, the commission shall promulgate rules that establish a solid waste user fee upon each person disposing of solid waste at an attended solid waste disposal site. The operator of the site at the time of disposal shall collect the fee from waste producers or other persons disposing of solid waste. The effective date and amount of the fee shall be set by rule of the commission, and the amount shall be sufficient to offset: (I) The department's direct and indirect costs associated with implementation of the solid waste management program under section 30-20-101.5, C.R.S.; (II) The department's direct and indirect costs for the implementation of its responsibilities under the federal act, as described in this part 1, and to provide matching funds and cover future maintenance costs pursuant to section 25-16-103; and (III) The anticipated payments to the department of law, pursuant to subparagraph (II) of paragraph (b) of this subsection (1.7), for the direct and indirect costs of the department of law for the implementation of its responsibilities under the federal act, as described in this part 1, which costs are distinct from those described in subparagraph (II) of this paragraph (a). (b) (I) The portion of the fee collected for the costs described in subparagraph (I) of paragraph (a) of this subsection (1.7) shall be transmitted to the department for deposit into the solid waste management fund created in section 30-20-118, C.R.S. (II) The portions of the fee imposed under this subsection (1.7) that are collected for the costs described in subparagraphs (II) and (III) of paragraph (a) of this subsection (1.7) shall be transmitted to the department for deposit into the hazardous substance response fund created in section 25-16-104.6. The department may expend money from the portion of the fee collected under subparagraph (III) of paragraph (a) of this subsection (1.7) to compensate the department of law for all or a portion of the expenses incurred for services rendered under the federal act and the OPA, as billed to the department by the department of law. The department may expend money from the fees collected under this subsection (1.7) to finance the radon education and awareness program, established in section 25-11-114 (2), and the radon mitigation assistance program, established in section 25-11-114 (3). (c) The fee established by the commission under this subsection (1.7) shall not exceed fifty cents per cubic yard of solid waste, of which no more than three and one-half cents shall pay for the costs described in subparagraph (III) of paragraph (a) of this subsection (1.7). m, established in section 25-11-114 (2), and the radon mitigation assistance program, established in section 25-11-114 (3). (c) The fee established by the commission under this subsection (1.7) shall not exceed fifty cents per cubic yard of solid waste, of which no more than three and one-half cents shall pay for the costs described in subparagraph (III) of paragraph (a) of this subsection (1.7). (d) The department shall give the operators of attended solid waste disposal sites written notice of changes to the solid waste user fees no later than ninety days before the effective date of the changes. Failure to provide the notice required by this paragraph (d) shall invalidate the rules that changed the fees. (2) (a) Repealed. (a.5) Notwithstanding any provision of law to the contrary, one hundred percent of the moneys collected pursuant to subparagraph (II) of paragraph (a) of subsection (1.7) of this section from persons disposing of solid waste at an attended solid waste disposal site where a local government solid waste disposal fee is imposed to fund hazardous substance response activities at sites designated on the national priority list pursuant to the federal act shall be transmitted to the owner of the solid waste disposal site to the extent that the moneys are used to fund the response activities at the sites on the national priority list. The balance of any moneys described under this paragraph (a.5) that are not used to fund such response activities shall be credited to the hazardous substance response fund created in section 25-16-104.6. (b) At the end of each fiscal year, the state treasurer shall transfer any moneys in the solid waste management fund created in section 30-20-118, C.R.S., that exceed sixteen and one-half percent of the moneys expended from such fund during the fiscal year to the hazardous substance response fund created in section 25-16-104.6. (3) to (3.7) Repealed. (3.9) (a) Beginning July 1, 2024, and subject to subsection (1.5) of this section, in addition to any other user fee imposed by this section, on or after July 1, 2007, there is imposed a user fee to fund the Colorado circular communities enterprise created in section 25-16.5-109 (3)(a). The operator of an attended solid waste disposal site located outside of the front range, including sites located in the counties of Custer, Fremont, Morgan, and Otero, unless modified pursuant to subsection (3.9)(c)(II) of this section, shall collect the fee at the time of disposal. The fee shall be imposed and passed through to waste producers and other persons disposing of waste at the following rate or at an equivalent rate established by the commission: (I) Two cents per load transported by a motor vehicle that is commonly used for the noncommercial transport of persons over public highways; (II) Four cents per load transported by a truck, as defined in section 42-1-102 (108), that is commonly used for the noncommercial transport of persons and property over the public highways; and (III) An amount, per cubic yard per load transported by any commercial vehicle or other vehicle not included in the vehicles described in subsection (3.9)(a)(I) and (3.9)(a)(II) of this section, on and after January 1, 2016, of fourteen cents per cubic yard per load, which amount is equivalent to forty-seven cents per ton. (b) Beginning July 1, 2024, any user fee collected by the operator of a solid waste disposal site or facility pursuant to subsection (3.9)(a) of this section shall be transmitted by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit one hundred percent of the money to the Colorado circular communities cash fund created in section 25-16.5-109 (4), to fund the Colorado circular communities enterprise pursuant to section 25-16.5-109. site or facility pursuant to subsection (3.9)(a) of this section shall be transmitted by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit one hundred percent of the money to the Colorado circular communities cash fund created in section 25-16.5-109 (4), to fund the Colorado circular communities enterprise pursuant to section 25-16.5-109. (c) (I) Subject to subsections (1.5) and (3.9)(c)(II) of this section, in addition to any other user fee imposed by this section, on or after September 1, 2019, there is imposed a user fee to finance the Colorado circular communities enterprise created in section 25-16.5-109. At the time of disposal, the operator of an attended solid waste disposal site located in the front range shall collect the fee, which may be passed through to waste producers and other persons disposing of waste, in an amount per cubic yard per load transported by any commercial vehicle, or by other vehicle not included in the vehicles described in subsection (3.9)(a)(I) or (3.9)(a)(II) of this section, as set forth in the following schedule: (A) On and after July 1, 2024, but before January 1, 2025, seventy-four cents per cubic yard per load, which is equivalent to two dollars and forty-seven cents per ton; and (B) On and after January 1, 2025, seventy-eight cents per cubic yard per load, which is equivalent to two dollars and sixty cents per ton. (II) Solid waste disposal sites or facilities located in the county of Custer, Fremont, Morgan, or Otero shall collect the fee specified in this subsection (3.9)(c) on loads that originate from the front range. (III) Beginning July 1, 2024, an operator of a solid waste disposal site or facility subject to this subsection (3.9)(c) shall transmit the user fee collected pursuant to this subsection (3.9)(c) by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit it to the Colorado circular communities cash fund created in section 25-16.5-109 (4) to finance the Colorado circular communities enterprise pursuant to section 25-16.5-109. (IV) An operator of an attended solid waste disposal site located in the front range need not collect the fee specified in this subsection (3.9)(c) on a load that contains any of the following materials that are separated out from the rest of the load: Asbestos-containing material, asbestos waste, friable asbestos-containing material as that term is defined in section 25-7-502 (6), friable asbestos, nonfriable asbestos waste, regulated asbestos-contaminated soil, nonregulated asbestos-contaminated soil, pathological waste, pharmaceutical waste, ash, biohazardous waste, infectious waste as that term is defined in section 25-15-402 (1)(a), medical waste, exploration and production waste as that term is defined in section 30-20-109 (1.5)(a)(I), technologically enhanced naturally occurring radioactive material as that term is defined in section 25-11-201 (1)(f), grit and sludge, automobile shredder residue, dead animals, special waste liquids, or contaminated soils. (c.5) As used in this subsection (3.9), "front range" means the counties of Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver. tive material as that term is defined in section 25-11-201 (1)(f), grit and sludge, automobile shredder residue, dead animals, special waste liquids, or contaminated soils. (c.5) As used in this subsection (3.9), "front range" means the counties of Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver. (d) This subsection (3.9) is repealed, effective September 1, 2032. (4) The department shall credit an amount equal to two and one-half percent of the money collected as fees by a solid waste disposal site or facility in order to defray the costs of such collection. (5) Any operator who fails to collect or to transmit, within thirty days of the day specified in subsection (2) of this section, the fee imposed pursuant to this section is liable for payment of a civil penalty of ten percent of the total amount of fee money uncollected or untransmitted. Collection of such penalty and fee shall be in the manner provided for the collection and enforcement of taxes pursuant to article 21 of title 39, C.R.S. (6) and (7) Repealed.

C.R.S. § 25-16-104.6 Fund established - administration - revenue sources - use

25-16-104.6. Fund established - administration - revenue sources - use. (1) (a) There is hereby established in the state treasury the hazardous substance response fund. The fund is composed of money that the general assembly may choose to appropriate from the general fund, money derived from the fee imposed pursuant to section 25-16-104.5, and any interest derived therefrom; money recovered from responsible parties pursuant to the federal act or the OPA that is not generated by the state litigating as trustee for natural resources pursuant to section 25-16-104.7; money recovered through litigation by the state pursuant to the federal act or the OPA that is designated for future response cost; any money transferred to the fund pursuant to section 25-16-104.9; and any other money derived from public or private sources that may be credited to the fund. Money in the fund shall be annually appropriated by the general assembly, subject to section 25-16-104, remains available for the purposes of this article 16, and does not revert to the general fund of the state at the end of any fiscal year. If the fund balance exceeds ten million dollars in any state fiscal year and the fund balance is not projected to fall below ten million dollars within twenty-four months, the department shall evaluate the need to reduce fees to bring the balance of the fund below ten million dollars and shall present the evaluation to the commission. (b) Repealed. (c) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, on April 20, 2009, the state treasurer shall deduct seventeen million four hundred sixty-eight thousand five hundred seventeen dollars from the hazardous substance response fund and transfer such sum to the general fund. (d) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, on June 1, 2009, the state treasurer shall deduct twelve million five hundred thousand dollars from the hazardous substance response fund and transfer such sum to the general fund. (e) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, on July 1, 2009, the state treasurer shall deduct two million five hundred thousand dollars from the hazardous substance response fund and transfer such sum to the general fund. (f) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, for the state fiscal year commencing July 1, 2010, the state treasurer shall make a one-time transfer from the hazardous substance response fund to the solid waste management fund created in section 30-20-118, C.R.S., of up to four hundred thousand dollars, to be used in connection with the department's solid waste management activities. (2) The general assembly may appropriate up to two and one-half percent of the money in the hazardous substance response fund for the department's costs of administration and its costs of collection of fees or civil penalties pursuant to section 25-16-104.5. In addition, the department is authorized, subject to appropriation by the general assembly, to use the money in the fund for the following purposes: (a) To maintain an inventory of all sites and facilities at which hazardous substances have been disposed of in the state; (b) To supply such state matching funds as may be needed to perform response actions at any site where action is being taken pursuant to the federal act; (c) To provide any post-cleanup monitoring and maintenance required pursuant to the federal act; (d) To provide for future response costs in connection with state activities at natural resource damage sites; (e) To provide such state matching funds as may be needed to perform remediation activities at sites subject to remediation under the "Federal Water Pollution Control Act", 33 U.S.C. sec. 1251 et seq., where such remediation activities would keep the site from being added to the national priorities list established pursuant to the federal act; th state activities at natural resource damage sites; (e) To provide such state matching funds as may be needed to perform remediation activities at sites subject to remediation under the "Federal Water Pollution Control Act", 33 U.S.C. sec. 1251 et seq., where such remediation activities would keep the site from being added to the national priorities list established pursuant to the federal act; (f) To remediate sites: (I) That do not have a responsible party that will perform a remediation; (II) That have been determined to present a threat to human health or the environment; and (III) Where the remediation will allow the redevelopment of the property for the public good; (g) Repealed. (h) To finance the radon education and awareness program, established in section 25-11-114 (2), and the radon mitigation assistance program, established in section 25-11-114 (3). (2.5) Money in the hazardous substance response fund may be appropriated as follows: (a) To finance any litigation arising under this part 1, the federal act, or the OPA on behalf of the state; (b) For the enforcement of court-approved remedies under the federal act out of moneys in the hazardous substance response fund received for future response costs, excluding fines, under the federal act. (2.7) (Deleted by amendment, L. 2007, p. 1503, § 1, effective May 31, 2007.) (3) Before the department supplies hazardous substance response fund money as state matching funds for a particular site pursuant to paragraph (b) of subsection (2) of this section, the executive director of the department shall first make a written determination that no potentially responsible party or parties have offered to implement a proper removal and remedial action plan at such site at their own expense, consistent with the national contingency plan established pursuant to the federal act. (4) It is the intent of the general assembly that state matching moneys be appropriated only from the hazardous substance response fund or the hazardous substance site response fund.

C.R.S. § 25-16-104.7 Natural resource damage recoveries - fund created

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.

C.R.S. § 25-16-104.9 Hazardous substance site response fund - creation - transfer - use - definition - repeal

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) Repealed. (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.

C.R.S. § 25-16-105 Repeal of part - repeal of various sections

25-16-105. Repeal of part - repeal of various sections. (Repealed)

C.R.S. § 25-16-201 CERCLA recovery fund - creation - repeal of subsection

25-16-201. CERCLA recovery fund - creation - repeal of subsection. (Repealed)

C.R.S. § 25-16-301 Short title

25-16-301. Short title. This part 3 shall be known and may be cited as the "Voluntary Clean-up and Redevelopment Act".

C.R.S. § 25-16-302 Legislative declaration

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.

C.R.S. § 25-16-303 Voluntary clean-up and redevelopment program - general provisions - fees - access to property during reviews

25-16-303. Voluntary clean-up and redevelopment program - general provisions - fees - access to property during reviews. (1) The program established in this part 3 shall be voluntary and may be initiated by: (a) The submission to the department of an application for approval of a voluntary clean-up plan pursuant to section 25-16-304 for properties where remediation may be necessary to protect human health and the environment in light of the current or proposed use of the property; or (b) The submission to the department of a no action petition pursuant to section 25-16-307 for properties where remediation is complete or not necessary to protect human health and the environment in light of the current or proposed use of the property. (2) No person, financial institution, or other entity financing a commercial real estate transaction shall require a purchaser to participate in the voluntary program contained in this part 3, and no entity of Colorado state government regulating any person, financial institution, or other entity financing a commercial real estate transaction shall require evidence of participation in this program to be a component of standard real estate loan documentation. (3) (a) The program contained in this part 3 is voluntary and may only be initiated by the owner of the subject real property. (b) The provisions of this part 3 shall not apply to the following: (I) Property that is listed or proposed for listing on the national priorities list of superfund sites established under the federal act; (II) Property that is the subject of corrective action under orders or agreements issued pursuant to the provisions of part 3 of article 15 of this title or the federal "Resource Conservation and Recovery Act of 1976", as amended; (III) Property that is subject to an order issued by or an agreement with the water quality control division pursuant to part 6 of article 8 of this title; (IV) A facility which has or should have a permit or interim status pursuant to part 3 of article 15 of this title for the treatment, storage, or disposal of hazardous waste; or (V) Property that is subject to the provisions of part 2 of article 20.5 of title 8, C.R.S. (4) (a) Each application for approval of a voluntary clean-up plan and each petition for a no action determination shall be accompanied by a filing fee determined by the department at a level sufficient to cover the direct and indirect costs of the department in processing applications for approval of voluntary clean-up plans and petitions for no action under this part 3, but such filing fee shall not exceed two thousand dollars. (b) (I) The department shall establish and publish hourly rates for review charges performed by the department in connection with applications for approval of voluntary clean-up plans and petitions for no action under this part 3. Within thirty days after the department's approval or denial of a voluntary clean-up plan or no action petition, the department shall bill an applicant or petitioner for all direct and indirect charges of review of applications and petitions under this part 3 in accordance with the hourly rate structure established pursuant to this subparagraph (I). The department's charges shall be billed against the application fee paid pursuant to this subsection (4) in accordance with subparagraph (II) of this paragraph (b). (II) (A) If the department bills charges in an amount less than the application fee, the department shall return any unused balance to the applicant or petitioner after the department's final determination in the matter has been made. (B) If the department bills charges that exceed the application fee, the department may bill the applicant or petitioner for direct and indirect charges that the department incurs in excess of the application fee up to a maximum of an additional one thousand dollars. ll return any unused balance to the applicant or petitioner after the department's final determination in the matter has been made. (B) If the department bills charges that exceed the application fee, the department may bill the applicant or petitioner for direct and indirect charges that the department incurs in excess of the application fee up to a maximum of an additional one thousand dollars. (C) If the department determines that review of the application cannot be completed for three thousand dollars or less due to the size or complexity of the site, the department shall contact the applicant or petitioner prior to incurring additional charges. The applicant or petitioner shall then be given the opportunity to either negotiate an agreement containing an upper limit on the department's charges and complete the review, or withdraw the application and receive a refund of the unbilled balance of fees already paid to the department. Agreements negotiated pursuant to this sub-subparagraph (C) shall be in writing and shall be signed by authorized representatives of the parties. (D) The department shall make its best efforts to determine whether the application review will exceed three thousand dollars within the first ten hours of review or, if the applicant or petitioner requests a pre-application conference, within ten business days after such conference. (c) All moneys collected pursuant to this subsection (4) shall be transmitted to the state treasurer, who shall credit the same to the hazardous substance response fund, created in section 25-16-104.6 (1). Moneys collected pursuant to this subsection (4) shall be subject to annual appropriation by the general assembly only to defray the direct and indirect costs of the department in processing voluntary clean-up plans and petitions for no action determination as specified in this part 3. (5) During the time allocated for review of applications for voluntary clean-up plans and petitions for no action determination under this part 3, the department shall, upon reasonable notice to the property owner, have access at all reasonable times to the subject real property.

C.R.S. § 25-16-304 Voluntary clean-up plan

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.

C.R.S. § 25-16-305 Remediation alternatives

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.

C.R.S. § 25-16-306 Approval of voluntary clean-up plan - time limits - contents of notice - conditions under which approval is void - expiration of approval

25-16-306. Approval of voluntary clean-up plan - time limits - contents of notice - conditions under which approval is void - expiration of approval. (1) (a) The department shall provide formal written notification that a voluntary clean-up plan has been approved or disapproved within no more than forty-five days after a request by a property owner, unless the property owner and the department agree to an extension of the review to a date certain. Such review shall be limited to a review of the materials submitted by the applicant and documents or information readily available to the department. If the department fails to act on an application within the time limits specified in this subsection (1), the voluntary clean-up plan shall be deemed approved. If the department has received eight applications for review of voluntary clean-up plans or no action petitions in a calendar month, the department may notify any additional applicants in that month that their plan or petition will be considered the following month, and the forty-five day period for department review shall begin on the first day of the month following receipt of the plan or petition. (b) The department shall approve a voluntary clean-up plan if, based on the information submitted by the property owner, the department concludes that the plan will: (I) Attain a degree of clean-up and control of hazardous substances or petroleum products, or both, that complies with all promulgated applicable state requirements, regulations, criteria, or standards; (II) For constituents not governed by subparagraph (I) of this paragraph (b), reduce concentrations such that the property does not present an unacceptable risk to human health or the environment based upon the property's current use and any future uses proposed by the property owner. (c) In the event that a voluntary clean-up plan is not approved by the department, the department shall promptly provide the property owner with a written statement of the reasons for such denial. If the department disapproves a voluntary clean-up plan based upon the applicant's failure to submit the information required by section 25-16-304, the department shall notify the applicant of the specific information omitted by the applicant. (d) The approval of a voluntary clean-up plan by the department applies only to conditions on the property and state standards that exist as of the time of submission of the application. (2) Written notification by the department that a voluntary clean-up plan is approved shall contain the basis for the determination and the following statement: Based upon the information provided by [insert name(s) of property owner(s)] concerning property located at [insert address], it is the opinion of the Colorado Department of Public Health and Environment that upon completion of the voluntary clean-up plan no further action is required to assure that this property, when used for the purposes identified in the voluntary clean-up plan, is protective of existing and proposed uses and does not pose an unacceptable risk to human health or the environment at the site. (3) (a) Failure of a property owner to materially comply with the voluntary clean-up plan approved by the department pursuant to this section shall render the approval void. (b) Submission of materially misleading information by the applicant in the context of the voluntary clean-up plan shall render the department approval void. (4) (a) If a voluntary clean-up plan is not initiated within twelve months and completed within twenty-four months after approval by the department, such approval shall lapse; except that the department may grant an extension of the time limit for completion of the voluntary clean-up plan. on by the applicant in the context of the voluntary clean-up plan shall render the department approval void. (4) (a) If a voluntary clean-up plan is not initiated within twelve months and completed within twenty-four months after approval by the department, such approval shall lapse; except that the department may grant an extension of the time limit for completion of the voluntary clean-up plan. (b) A property owner desiring to implement a voluntary clean-up plan after the time limits permitted in paragraph (a) of this subsection (4) shall submit a written petition for reapplication accompanied by written certification of a qualified environmental professional that the conditions on the subject real property are substantially similar to those that existed at the time of the original approval. (c) Reapplications pursuant to paragraph (b) of this subsection (4) shall be subject to limited review by the department, which shall complete such review within thirty days of receipt of a petition for reapplication; except that any reapplication that involves real property, the condition of which has substantially changed since approval of the original voluntary clean-up plan, shall be treated as a new application and shall be subject to all the requirements of this part 3. (5) (a) Within forty-five days after the completion of the voluntary clean-up described in the voluntary clean-up plan approved by the department, the property owner shall provide to the department a certification from a qualified environmental professional that the plan has been fully implemented. (b) If the owner is applying for the tax credit provided in section 39-22-526 (1), C.R.S., or to transfer a transferable expense amount pursuant to section 39-22-526 (2), C.R.S., the owner shall submit to the department the certification along with an application pursuant to section 25-16-303. The certification shall, in addition to certifying that the plan has been fully implemented, disclose the costs of implementation and include supporting documentation of those costs. The department shall then certify the accuracy of the costs and issue the property owner a certificate stating that the clean-up has occurred and the costs of such clean-up. The property owner may submit this certificate to the department of revenue to claim a tax credit or transfer a transferable expense amount under section 39-22-526, C.R.S.

C.R.S. § 25-16-307 No action determinations

25-16-307. No action determinations. (1) A property owner may file with the department a written petition to request a no action determination pursuant to this section. The department shall provide formal written notification that a no action petition has been approved or disapproved within no more than forty-five days after a request by a property owner, unless the property owner and the department agree to an extension of the review to a date certain. Such review shall be limited to a review of the materials submitted by the applicant and documents or information readily available to the department. If the department fails to act on a petition within the time limits specified in this subsection (1), the no action petition shall be deemed approved. If the department has received eight applications for review of voluntary clean-up plans or no action petitions in a calendar month, the department may notify any additional applicants in that month that their plan or petition will be considered the following month, and the forty-five day period for department review shall begin on the first day of the month following receipt of the plan or petition. (2) (a) The department shall issue a written determination approving a no action petition when: (I) The environmental assessment described in section 25-16-308 performed by a qualified environmental professional indicates the existence of contamination which does not exceed applicable promulgated state standards or contamination which does not pose an unacceptable risk to human health and the environment; or (II) The department finds that contamination or a release or threatened release of a hazardous substance or petroleum product originates from a source on adjacent or nearby real property if a person or entity responsible for such a source of contamination is or will be taking necessary action, if any, to address the contamination. (b) The department shall provide formal written notification of a no action determination, which shall contain the basis for the determination and the following statement: Based upon the information provided by [insert name(s) of property owner(s)] concerning property located at [insert address], it is the opinion of the Colorado department of public health and environment that no further action is required to assure that this property, when used for the purposes identified in the no action petition, is protective of existing and proposed uses and does not pose an unacceptable risk to human health or the environment at the site. (c) The approval of a no action petition by the department applies only to conditions on the property and state standards that exist as of the time of submission of the petition. (3) Submission of materially misleading information by the applicant in the context of a no action petition shall render the department approval void. (4) In the event that a no action petition is not approved by the department, the department shall promptly provide the property owner with a written statement of the reasons for such denial. If the department disapproves a no action petition based upon the applicant's failure to submit required information, the department shall notify the applicant of the specific information omitted.

C.R.S. § 25-16-308 Environmental assessment - requirements

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.

C.R.S. § 25-16-309 Coordination with other laws

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.

C.R.S. § 25-16-310 Enforceability of voluntary clean-up plans and no action determinations

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.

C.R.S. § 25-16-312 Rural housing and development asbestos and lead paint abatement pilot grant program - fund created - definition - rules - repeal

25-16-312. Rural housing and development asbestos and lead paint abatement pilot grant program - fund created - definition - rules - repeal. (1) The rural housing and development asbestos and lead paint abatement pilot grant program, referred to in this section as the "pilot grant program", is established in the department. The pilot grant program may award grants, beginning July 1, 2025, to local governments in rural communities to offset costs associated with the abatement of asbestos and lead paint in: (a) Housing; (b) Commercial buildings; and (c) Other development projects. (2) To be eligible for a grant from the pilot grant program, a local government must submit an application to the department. The application must: (a) For renovation or demolition sites, include an inspection report consistent with the rules adopted pursuant to section 25-7-503 detailing asbestos-containing materials in excess of trigger levels; (b) For renovation of lead-based paint abatement sites, include a description of eligibility that the facility meets the definition in section 25-7-1102 (2) or (7); (c) For both asbestos and lead-based paint abatement, renovation, or demolition, include documentation demonstrating that the applicant has acquired any necessary permits and regulatory approval from the air pollution control division; and (d) Include an assessment of the needs of the local government's rural communities specific to: (I) The health and environmental impacts of asbestos- and lead-paint-contaminated structures; (II) The presence or lack of certified asbestos abatement or lead paint abatement personnel or supervisors operating within, or traveling to, rural communities for abatement projects; (III) The cost of acquiring certified asbestos abatement or lead paint abatement personnel or supervisors within rural communities; (IV) The proximity to, and availability of, asbestos and lead paint disposal facilities; and (V) Community impacts on economic development and affordable housing. (3) (a) The rural housing and development asbestos and lead paint abatement fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money generated from penalties and fines collected pursuant to sections 25-15-309 and 25-15-310, as described in section 25-15-311; penalties collected pursuant to section 25-7-511; and any other money that the general assembly may appropriate or transfer to the fund. (b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (c) The state treasurer shall credit any unexpended and unencumbered money remaining in the fund at the end of a state fiscal year to the fund; except that, on June 30, 2027, the state treasurer shall credit any unexpended and unencumbered money remaining in the fund to the general fund. (d) Subject to annual appropriation by the general assembly, the department may expend money to award grants as described in subsection (1) of this section. (4) As used in this section, unless the context requires otherwise, "rural community" has the meaning set forth in section 39-22-526 (1)(b)(II). (5) This section is repealed, effective July 1, 2027.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-25.docxFetched: 10/6/2026

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