Hazardous Waste

C.R.S. tit. 25, art. 15
in effect

C.R.S. § 25-15-101 Definitions

25-15-101. Definitions. As used in this article 15, unless the context otherwise requires: (1) "Commission" means the solid and hazardous waste commission created in part 3 of this article. (2) "Department" means the department of public health and environment created by section 25-1-102. (3) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. (4) "Domestic sewage" means untreated sanitary wastes that pass through a sewer system. (4.3) "Environmental covenant" means an instrument containing environmental use restrictions created pursuant to section 25-15-321. (4.5) "Environmental remediation project" means closure of a hazardous waste management unit or solid waste disposal site or any remediation of environmental contamination, including determinations to rely solely or partially on environmental use restrictions to protect human health and the environment but excluding interim measures that are not intended as the final remedial action, that is conducted under any of the following: (a) Subchapter III or IX of the federal "Resource Conservation and Recovery Act of 1976", 42 U.S.C. secs. 6921 to 6939e and 6991 to 6991i, as amended; (b) Section 7002 or 7003 of the federal "Resource Conservation and Recovery Act of 1976", 42 U.S.C. secs. 6972 and 6973, as amended; (c) The federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 et seq., as amended; (d) The federal "Uranium Mill Tailings Radiation Control Act of 1978", 42 U.S.C. sec. 7901 et seq., as amended; (e) Part 1 of article 11 of this title, including any decommissioning of sites licensed under that part; (f) Part 3 of article 11 of this title; (g) Part 3 of article 15 of this title; and (h) Article 20 of title 30, C.R.S. (4.7) "Environmental use restriction" means a prohibition of one or more uses of or activities on specified real property, including drilling for or pumping groundwater; a requirement to perform certain acts, including requirements for maintenance, operation, or monitoring necessary to preserve such prohibition of uses or activities; or both, where such prohibitions or requirements are relied upon in the remedial decision for an environmental remediation project for the purpose of protecting human health or the environment. (5) "Federal act" means the federal "Solid Waste Disposal Act", as amended by the federal "Resource Conservation and Recovery Act of 1976", as amended, 42 U.S.C. sec. 6901 et seq. (5.5) "Hazardous substance" means any substance that is defined as a hazardous substance, pollutant, or contaminant under the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 et seq., as amended, or its implementing regulations. (6) (a) "Hazardous waste" means any material, alone or mixed with other materials, which has no commercial use or value, or which is discarded or is to be discarded by the possessor thereof, either of which because its quantity, concentration, or physical or chemical characteristics may: (I) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (II) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. use its quantity, concentration, or physical or chemical characteristics may: (I) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (II) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (b) "Hazardous waste" does not include: (I) Solid or dissolved material in discharges which are point sources subject to permits under section 402 of the "Federal Water Pollution Control Act", as amended; (II) Source, special nuclear, or byproduct material as defined by the federal "Atomic Energy Act of 1954", as amended; (III) (A) Agricultural, horticultural, or floricultural waste from the raising of crops or animals, including animal manures, that are returned to the soil as fertilizers or soil conditioners. (B) Nothing in sub-subparagraph (A) of this subparagraph (III), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation. (IV) Solid or dissolved material in domestic sewage; (V) Irrigation return flows; (VI) Inert materials deposited for construction fill or topsoil placement in connection with actual or contemplated construction at such location or for changes in land contour for agricultural and mining purposes, if such depositing does not fall within the definition of treatment, storage, or disposal of hazardous waste; (VII) Any waste or other materials exempted or otherwise not regulated as a hazardous waste under the federal act, except as provided in section 25-15-302 (4); (VIII) Indigenous waste from prospecting and mining operations which is disposed of in accordance with the requirements of an approved reclamation plan contained in a permit issued pursuant to article 32 of title 34, C.R.S., or article 33 of title 34, C.R.S.; (IX) Waste from oil and gas operations, as defined in section 34-60-103, or from deep geothermal operations, as defined in section 37-90.5-103 (3), including, but not limited to, drilling fluids, produced water, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal resources, that is disposed of in accordance with the requirements of the energy and carbon management commission pursuant to article 90.5 of title 37 and article 60 of title 34, as applicable; and (X) Exploration and production waste, as defined in section 34-60-103. (c) Any material which would be hazardous waste subject to the provisions of this article except for the fact that it has commercial use or value may be subject to regulations promulgated by the commission when it is transported or stored prior to reuse. (7) "Hazardous waste generation" means the act or process of producing hazardous waste. (8) "Hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, treatment, recovery, and disposal of hazardous waste. (9) "Inert material" means non-water-soluble and nondecomposable inert solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids according to rules and regulations of the commission. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and other non-water-soluble and nondecomposable inert solids including those the commission may identify by regulation. ot significantly affect the inert nature of such solids according to rules and regulations of the commission. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and other non-water-soluble and nondecomposable inert solids including those the commission may identify by regulation. (10) "Manifest" means the document used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of storage, treatment, or disposal. (10.5) "Notice of environmental use restrictions" or "restrictive notice" means an instrument containing environmental use restrictions created pursuant to section 25-15-321.5. (11) "Operation", when used in connection with hazardous waste management, means the use of procedures, equipment, personnel, and other resources to provide hazardous waste management. (12) "Operator" means the person operating a hazardous waste management facility or site either by contract or permit. (12.5) "Owner", as used in sections 25-15-317 to 25-15-326, means the record owner of real property and, if any, any other person or entity otherwise legally authorized to make decisions regarding the transfer of the subject property or placement of encumbrances on the subject property, other than by the exercise of eminent domain. (13) "Person" means any individual, public or private corporation, partnership, association, firm, trust or estate; the state or any executive department, institution, or agency thereof; any municipal corporation, county, city and county, or other political subdivision of the state; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. (13.5) "Remedial decision" means the administrative determination by the department, the United States environmental protection agency, or other appropriate government entity under the laws cited in subsection (4.5) of this section, that establishes the remedial requirements for the environmental remediation project. (14) "Resource recovery", when used in connection with hazardous waste, means the operation of preparing and treating any such material or portion thereof for recycling or reuse or the recovery of material or energy. (15) "Storage", when used in connection with hazardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of hazardous waste. The term "storage" does not apply to any hazardous waste generation if such waste is retained on the site by the generator in quantities or for time periods exempted by rules and regulations promulgated by the commission. (16) "Transportation", when used in connection with hazardous waste, means the off-site movement of hazardous waste to any intermediate point or any point of storage, treatment, or disposal. (17) "Treatment", when used in connection with an operation involved in hazardous waste management, means any method, technique, or process, including neutralization or incineration, designed to change the physical, chemical, or biological character or composition of a hazardous waste, so as to neutralize such waste or to render such waste less hazardous, safer for transport, amenable for recovery or reuse, amenable for storage, or reduced in volume. (18) "Treatment, storage, or disposal site or facility" means a location at which hazardous waste is subjected to treatment, storage, or disposal and may include a facility where hazardous waste is generated.

C.R.S. § 25-15-102 Effective dates

25-15-102. Effective dates. (1) Parts 1 and 2 of this article shall take effect July 1, 1981. (2) Section 25-15-302 shall take effect January 1, 1982. (3) Part 3 of this article, except section 25-15-302, shall take effect November 2, 1984.

C.R.S. § 25-15-103 Technical assistance

25-15-103. Technical assistance. The department may upon request provide technical advice to hazardous waste generators, to owners or operators of treatment plants, storage facilities, or disposal sites, and to counties and municipalities in which such facilities may be located in order to assure that appropriate measures are taken to protect the public health, safety, and welfare and the environment. The department may charge its actual costs of providing compliance assistance; except that, for company-specific compliance assistance, the department shall not charge fees for the first two hours in any given fiscal year.

C.R.S. § 25-15-104 Disposal service

25-15-104. Disposal service. In order to encourage proper disposal of small quantities of hazardous wastes by individuals and local governmental agencies when such wastes cannot be reasonably handled by commercial services, the department may receive such hazardous wastes from such individuals or local governmental agencies and arrange for their proper detoxification, storage, reuse, or disposal. The department may impose a reasonable fee for such services to recover the actual costs thereof.

C.R.S. § 25-15-200.1 Short title

25-15-200.1. Short title. This part 2 shall be known and may be cited as the "State Hazardous Waste Siting Act".

C.R.S. § 25-15-200.2 Legislative declaration

25-15-200.2. Legislative declaration. (1) The general assembly hereby finds that adverse public health and environmental impacts can result from the improper land disposal of hazardous waste and that the need for establishing safe sites with adequate capacity for the disposal of hazardous waste is a matter of statewide concern, and the provisions of this part 2 are therefore enacted to provide an effective method of establishing such sites. (2) It is the intent of the general assembly that generators of hazardous waste be encouraged to use on-site and off-site alternative treatment methods to reduce the amount of hazardous waste that must be discharged into the environment and the associated hazards to the health and welfare of the citizens of this state. Alternative management technologies which detoxify, stabilize, and reduce the amount of hazardous waste that must be buried are available. For such purpose, the provisions of this part 2 are enacted to allow the development of safe alternative methods for the treatment of hazardous waste and to provide a means for the designation of hazardous waste disposal sites when such methods are unable to obviate the need for hazardous waste disposal on land. Whereas the state of Colorado may be responsible for the perpetual care of hazardous waste land disposal facilities, alternative technologies such as incineration, resource recovery, or physical, chemical, or biological degradation should be implemented to the maximum extent possible.

C.R.S. § 25-15-200.3 Definitions

25-15-200.3. Definitions. As used in this part 2, unless the context otherwise requires: (1) Repealed. (2) "Existing hazardous waste disposal site" means a hazardous waste disposal site which is in active operation prior to July 1, 1981. (3) "Governmental unit" means the state of Colorado, every county, city and county, municipality, school district, special district, and authority located in this state, every public body corporate created or established under the constitution or any law of this state, and every board, commission, department, institution, or agency of any of the foregoing or of the United States. (4) (a) "Hazardous waste disposal" means any final action to abandon, deposit, inter, or otherwise discard hazardous waste after its use has been achieved or a use is no longer intended or any discharging of hazardous waste into the environment. (b) The term includes the off-site surface impoundment of hazardous waste such as a holding, storage, settling, or aeration pit, pond, or lagoon, except as provided in paragraph (c) of this subsection (4) or section 25-15-201 (4). (c) The term does not include: (I) (A) Recycling, reclaiming, incineration, processing, or other treatment of hazardous waste. (B) For the purposes of this subparagraph (I), the surface impoundment which is part of a sewage treatment works or feedlot operation shall be considered as treatment and not disposal. (C) Any recycling, reclaiming, incineration, processing, or treatment facility shall be subject to all local land use regulations. (II) The beneficial use, including use for fertilizer, soil conditioner, fuel, or livestock feed, of sludge from wastewater treatment plants if such sludge meets all applicable standards of the department. (5) "Hazardous waste disposal site" means all contiguous land, including publicly-owned land, under common ownership which is used for hazardous waste disposal; except that such term shall not include any site which is in compliance with an approved reclamation plan contained in a permit issued pursuant to article 32 of title 34, C.R.S., or article 33 of title 34, C.R.S. (6) "Publicly owned land" means any land owned by the federal government or any agency thereof or land owned by the state or any agency or political subdivision thereof.

C.R.S. § 25-15-201 Certificate required - disposal prohibited - exceptions

25-15-201. Certificate required - disposal prohibited - exceptions. (1) Any person who operates a hazardous waste disposal site shall first obtain a certificate of designation from the board of county commissioners if the site is in the unincorporated portion of any county, or from the governing body of a municipality if the site is in an incorporated area. (2) Hazardous waste disposal by any person is prohibited except on or at a hazardous waste disposal site for which a certificate of designation has been obtained as provided in this part 2. (3) Any existing hazardous waste disposal site which has obtained and possesses a certificate of designation pursuant to part 1 of article 20 of title 30, C.R.S., and which meets all applicable requirements and regulations under the federal act shall be deemed to have a certificate of designation issued pursuant to this part 2 and shall be fully subject to the provisions of this part 2 which apply to certificates of designation issued pursuant to this part 2. (4) Notwithstanding the provisions of subsections (1) and (2) of this section, any person other than a governmental unit may dispose of his own hazardous waste on his own property, as long as such hazardous waste disposal site is part of that originally zoned or otherwise approved for the activity that generates the hazardous waste, the owner has notified the local government or the department of the types and methods of hazardous waste disposal, and such disposal complies with the rules and regulations of the commission issued pursuant to this part 2 and does not constitute a public nuisance. For the purposes of this part 2, the site of such hazardous waste disposal shall be an approved site for which obtaining a certificate of designation under the provisions of this part 2 shall be unnecessary. This subsection (4) shall not preclude any person from applying for a certificate of designation for the disposal of his own hazardous waste on his own property. (5) Notwithstanding the provisions of subsections (1) and (2) of this section, any person who is engaged in mining operations pursuant to a permit issued by the mined land reclamation board or office of mined land reclamation which contains an approved plan of reclamation may dispose of hazardous waste generated by such operations within the permitted area for such operations. For the purposes of this part 2, the site of such hazardous waste disposal shall be an approved site for which obtaining a certificate of designation under the provisions of this part 2 shall be unnecessary.

C.R.S. § 25-15-202 Application for certificate - review by department and Colorado geological survey - hearing

25-15-202. Application for certificate - review by department and Colorado geological survey - hearing. (1) Any person desiring to operate a hazardous waste disposal site shall make application for a certificate of designation to the board of county commissioners of the county or to the governing body of the municipality in which such site is proposed to be located. (2) The application shall be accompanied by a fee established by the board of county commissioners or the governing body of the municipality by resolution or ordinance, which fee shall not exceed fifty thousand dollars and which fee may be refunded in whole or in part. Fifty percent of such fee shall be transmitted to the department to offset the costs of the department's review pursuant to subsection (4) of this section, including possible costs of reimbursement to other state agencies which assist in such review. The application shall set forth the following: The location of the site; the types of waste to be accepted or rejected; the types of waste disposal; the method of supervision; and the anticipated access routes in the county in which the site is located. The application shall also contain such data as may reasonably be required by rules of the commission developed pursuant to section 25-15-208 to enable the department and the Colorado geological survey to perform their duties under subsection (4) of this section. (3) The clerk of the county or municipality shall promptly notify the county commissioners and the governing body of any other county or municipality within twenty miles of a proposed hazardous waste disposal site of the filing of an application for a certificate of designation therefor. (4) (a) Within ten working days of an application for a certificate of designation and prior to further consideration, the board of county commissioners or the governing body of the municipality, as the case may be, shall forward a copy of the application to the department and to the Colorado geological survey. (b) The Colorado geological survey shall review each application received by it and make a recommendation to the department on the geological suitability of the proposed hazardous waste disposal site for land disposal of hazardous waste, based upon the geological, hydrological, climatological, geochemical, and geomorphological characteristics of the site. Such recommendation shall be submitted to the department within sixty days of the Colorado geological survey's receipt of the application. (c) Within ninety days of its receipt of the application, the department shall make findings of fact on the technical merits of the application and provide such findings of fact to the board of county commissioners or the governing body of the municipality. The findings of fact shall at a minimum include: (I) A determination as to whether the site could be designed and operated in compliance with applicable rules and regulations adopted by the commission pursuant to section 25-15-208; (II) A determination as to whether the site is located within an area designated to be optimally suitable for hazardous waste disposal by the most recent study of the Colorado geological survey made pursuant to section 25-15-216 and, if not, as to whether the site is suitable for the land disposal of hazardous waste as demonstrated by reliable geologic, hydrologic, and other scientific data; (III) A recommendation to the board of county commissioners or the governing body of a municipality, as the case may be, as to whether the application for a certificate of designation should be approved. A recommendation for approval may only be made upon affirmative findings of facts under subparagraphs (I) and (II) of this paragraph (c). reliable geologic, hydrologic, and other scientific data; (III) A recommendation to the board of county commissioners or the governing body of a municipality, as the case may be, as to whether the application for a certificate of designation should be approved. A recommendation for approval may only be made upon affirmative findings of facts under subparagraphs (I) and (II) of this paragraph (c). (5) The application shall be considered by the board of county commissioners or the governing body of the municipality, as the case may be, at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing and shall state that the matter to be considered is the applicant's proposal for a hazardous waste disposal site. The notice shall be published in a newspaper having general circulation in the region in which the proposed hazardous waste disposal site is located at least ten but no more than thirty days prior to the date of the hearing.

C.R.S. § 25-15-203 Grounds for approval

25-15-203. Grounds for approval. (1) The board of county commissioners or the governing body of the municipality, as the case may be, may approve an application for a certificate of designation only upon a finding of all of the following factors: (a) The department has made a recommendation of approval pursuant to section 25-15-202 (4)(c)(III). (b) The site would not pose a significant threat to the safety of the public, taking into consideration: (I) The density of population areas neighboring the site; (II) The density of population areas adjacent to the portion of the delivery roads within a fifty-mile radius of the site; (III) The risk of accidents during the transportation of waste to or at the site. (c) The applicant has demonstrated a need for the facility by Colorado hazardous waste generators. (d) The applicant has documented its financial ability to operate the proposed site. (e) The applicant, taking into account its prior performance record, if any, in the treatment, storage, or disposal of hazardous waste, has documented sufficient reliability, expertise, and competency to operate and manage the proposed facility. (f) The site conforms to officially adopted land use plans, policies, regulations, and resolutions. (2) The board of county commissioners or the governing body of the municipality, as the case may be, shall notify the department of any approval of an application for a certificate of designation within five days after such approval.

C.R.S. § 25-15-204 Certificate

25-15-204. Certificate. (1) The certificate of designation shall identify the general types of waste which may be accepted or which shall be rejected. (2) The certificate of designation shall be displayed in a prominent place at the hazardous waste disposal site. (3) Repealed. (4) The certificate of designation may provide such conditions as may reasonably be necessary for the safe operation of such site including but not limited to the provision by the site owner or operator of additional fire protection, security, or trained personnel for monitoring, inspections, and incident responses. (5) Repealed. (6) A certificate of designation issued pursuant to this part 2 shall be deemed to satisfy any requirement imposed by part 1 of article 20 of title 30, C.R.S., for a certificate of designation as a solid wastes disposal site and facility.

C.R.S. § 25-15-205 Permit required for operation - burial of liquids prohibited

25-15-205. Permit required for operation - burial of liquids prohibited. (1) Operation of a hazardous waste disposal site for which a certificate of designation has been issued shall not begin until the applicant obtains for such operation a federal permit issued under the federal act or a state permit issued under part 3 of this article. (2) A certificate of designation for a hazardous waste disposal site shall not become effective until such time as the certificated facility has received a permit under section 3005 (c) of the federal act or the equivalent state permit. (3) The burial of liquid hazardous waste both on-site and off-site is prohibited in this state. The commission may develop rules and regulations which phase out the land disposal of highly mobile, toxic, and persistent waste.

C.R.S. § 25-15-206 Substantial change in ownership, design, or operation

25-15-206. Substantial change in ownership, design, or operation. (1) A substantial change in the ownership of a hazardous waste disposal site, including an assignment or a transfer of the certificate of designation therefor, or in the design or operation of a hazardous waste disposal site, as "substantial change" is defined in rules and regulations of the commission, shall be submitted to the board of county commissioners or the governing body of the municipality for its approval before such change shall become effective; except that, in the case of a hazardous waste disposal site which was designated by the council pursuant to section 25-15-217, as said section existed upon its repeal, such change shall be subject to approval by the department. (2) Any approval of a substantial change under this section shall be made only upon the finding of all of the factors required in section 25-15-203. (3) The application for approval of a substantial change under this section shall be accompanied by a fee established by the jurisdiction whose approval is required for such substantial change, which fee shall not exceed ten thousand dollars and which fee may be refunded in whole or in part. If the department is not the approving jurisdiction, up to fifty percent of such fee shall be transmitted to the department to offset the costs of the department's review pursuant to section 25-15-202 (4), including possible costs of reimbursement to other state agencies which assist in such review.

C.R.S. § 25-15-206.5 Revocation or suspension of certificate

25-15-206.5. Revocation or suspension of certificate. (1) The jurisdiction which granted the certificate of designation may revoke or suspend the certificate of designation of any hazardous waste disposal site if it finds that: (a) There was a material misrepresentation or misstatement of fact in the application for the certificate of designation; (b) The hazardous waste disposal site is not being operated in substantial compliance with any term, condition, or limitation of its certificate of designation or any applicable rule or regulation adopted pursuant to this part 2; or (c) The owner or operator of the site has failed to pay the annual fee to the county or municipality as required by section 25-15-214 (1). (2) The revocation or suspension of a certificate of designation shall not relieve the owner or operator of the hazardous waste disposal site from any legal liability.

C.R.S. § 25-15-207 Judicial review

25-15-207. Judicial review. (1) The award, denial, revocation, or suspension of a certificate of designation by the board of county commissioners or by the governing body of the municipality shall be subject to judicial review in the district court for the judicial district in which the hazardous waste disposal site is located or is proposed to be located. Any request for such judicial review must be made within thirty days of such award, denial, revocation, or suspension. If the court finds no error, it shall affirm the action. If the court finds that the action is arbitrary and capricious, not in accord with the procedures or procedural limitations of this part 2, unsupported by substantial evidence when the record is considered as a whole, or otherwise contrary to law, then the court shall hold unlawful and set aside the action and remand the case to the board of county commissioners or to the governing body of the municipality for further proceedings as may be appropriate. (2) In the case of any action or decision of the council or department pursuant to section 25-15-206, judicial review shall be in the district court for the judicial district within which the hazardous waste disposal site is or may be located and shall be in accordance with section 24-4-106, C.R.S.

C.R.S. § 25-15-208 Commission to promulgate rules and regulations - limitations

25-15-208. Commission to promulgate rules and regulations - limitations. (1) The commission may promulgate rules and regulations establishing criteria for the engineering design of hazardous waste disposal sites and for the location of such sites to the extent that site characteristics are integrally related to the safe engineering design of such sites. Such rules and regulations shall take into account at least the following: Protection of surface and subsurface waters, suitable physical characteristics, distance from waste generation centers, access routes, distance from water wells, and final closure. (2) The commission may also promulgate rules and regulations establishing what constitutes a substantial change in ownership, design, or operation of a hazardous waste disposal site under section 25-15-206. (3) The rules and regulations promulgated by the commission pursuant to this section shall be based upon generally accepted scientific data.

C.R.S. § 25-15-209 Inventory required

25-15-209. Inventory required. The operator of every hazardous waste disposal site shall maintain an inventory of the types of hazardous wastes accepted for disposal at such site, and a copy of such inventory shall be provided to any person upon request and upon payment of a reasonable charge for the costs of the reproduction. Upon a closure of the site, a final inventory shall be prepared and filed with the department where it shall remain available for public inspection and copying at a reasonable cost.

C.R.S. § 25-15-209.5 Inspection required

25-15-209.5. Inspection required. A department employee shall inspect each off-site hazardous waste disposal site during times when hazardous wastes are ordinarily received. Such inspection shall be conducted at intervals determined by rule and regulation of the commission based on the volume and toxicity of the wastes being received. Such department employee shall be permitted reasonable access to disposal operations for the purpose of monitoring and inspecting such operations. Such department employee, whose salary and benefits shall be paid out of the department's share of the annual fee collected by the county or municipality pursuant to section 25-15-214 (1), shall have training and experience in relevant aspects of hazardous waste management.

C.R.S. § 25-15-209.6 Performance audits

25-15-209.6. Performance audits. Each designated and permitted hazardous waste disposal site shall be subject to a performance audit at least once every five years, for the purpose of reviewing the systems that provide assurance the site is protecting human health and the environment. Such performance audit shall be conducted by the department.

C.R.S. § 25-15-210 Sites deemed public nuisance - when

25-15-210. Sites deemed public nuisance - when. Any hazardous waste disposal site that is found to be abandoned or that is operated or maintained in a manner so as to violate any of the provisions of this part 2 or any rule or regulation adopted pursuant thereto shall be deemed a public nuisance, and such violation may be enjoined by the district court for the judicial district wherein the violation occurred in an action brought by the department, the board of county commissioners of the county wherein the violation occurred, or the governing body of the municipality wherein the violation occurred.

C.R.S. § 25-15-211 Violation - criminal penalty

25-15-211. Violation - criminal penalty. Any person who violates any provision of this part 2 commits a petty offense and shall be punished as provided in section 18-1.3-503. Each day of violation shall be deemed a separate offense under this section. Except in regard to matters of statewide concern as expressed in section 25-15-200.2 (1), nothing in this part 2 shall preclude or preempt a county, a city, a city and county, or an incorporated town from the enforcement of its local resolutions or ordinances or of its land use plans, policies, or regulations.

C.R.S. § 25-15-212 Violation - civil penalty - reimbursement of costs

25-15-212. Violation - civil penalty - reimbursement of costs. (1) Any person who violates any provision of this part 2 shall be subject to a civil penalty of not more than ten thousand dollars per day of violation. Such penalty shall be determined and collected by the district court for the judicial district in which such violation occurs upon action instituted by the department, the board of county commissioners of the county in which the violation occurs, or the governing body of the municipality in which the violation occurs. In determining the amount of any such penalty, the court shall take into account the seriousness of the violation, whether the violation was willful or due to mistake, the economic impact of the penalty on the violator, and any other relevant factors. All penalties collected pursuant to this section shall be transmitted to the state treasurer and credited to the general fund. Except in regard to matters of statewide concern as expressed in section 25-15-200.2 (1), nothing in this part 2 shall preclude or preempt a county, city, city and county, or an incorporated town from enforcement of its local resolutions or ordinances or of its land use plans, policies, or regulations. (2) If the violation for which a penalty has been assessed and paid into the general fund pursuant to this section results in a county, city, municipality, or town incurring costs to remove, contain, or otherwise mitigate the effects of the hazardous waste which was involved in the court action, such entity shall be entitled to reimbursement for its costs, which reimbursement shall not exceed the amount of the penalty collected. A claim for reimbursement shall be filed with the state treasurer. Reimbursement shall be paid by the state treasurer out of those funds attributable to such penalty.

C.R.S. § 25-15-213 County or municipal hazardous waste disposal site fund - tax - fees

25-15-213. County or municipal hazardous waste disposal site fund - tax - fees. Any county or municipality that operates a county or municipal hazardous waste disposal site or sites is authorized to establish a county or municipal hazardous waste disposal site fund. The board of county commissioners of such county or the governing body of the municipality may levy a hazardous waste disposal site tax in addition to any other tax authorized by law, on the taxable property within said county or municipality, the proceeds of which shall be deposited to the credit of said fund and appropriated to pay the cost of land, labor, equipment, and services needed in the operation of county or municipal hazardous waste disposal sites. Any such county or municipality is also authorized, after a public hearing, to fix, modify, and collect service charges from users of county or municipal hazardous waste disposal sites for the purpose of financing the operations at those sites.

C.R.S. § 25-15-214 Hazardous waste disposal site fund - fees

25-15-214. Hazardous waste disposal site fund - fees. (1) Any hazardous waste disposal site which is issued a certificate of designation on or after July 1, 1981, or which receives approval for a substantial change in ownership as required in section 25-15-206 (1) on or after said date shall be required, contingent upon the issuance of a federal or state permit by the county or municipality in which it is located, to pay to the county or municipality in which it is located an annual fee for the purpose of offsetting the estimated direct costs of increased state, county, and municipal services created by the hazardous waste disposal site, including, but not limited to, the improvement and maintenance of roads and bridges, fire protection, law enforcement, monitoring by county or municipal health officials, and emergency preparation and response. The amount of the fee shall be two percent of the annual estimated gross revenue received by the hazardous waste disposal site. Out of the annual fee, the board of county commissioners or the governing body of the municipality shall provide for the reimbursement of governmental units for their estimated direct costs of increased services created by the hazardous waste disposal site. In the event that the site owner or operator fails to pay the annual fee, the board of county commissioners or the governing body of the municipality may suspend the site's certificate of designation until the annual fee has been paid. (2) Any county or municipality is authorized to establish a hazardous waste disposal site fund. All fees collected pursuant to subsection (1) of this section shall be deposited to the credit of said fund and appropriated for the purposes for which collected.

C.R.S. § 25-15-215 Contracts with governmental units authorized

25-15-215. Contracts with governmental units authorized. (1) Any governmental unit may contract for the operation of a hazardous waste disposal site. (2) Any city, city and county, county, or incorporated town acting by itself or in association with any other such governmental unit may establish and operate a hazardous waste disposal site under such terms and conditions as may be approved by the governing bodies of the governmental units involved. In the event such site is not operated by the governmental unit involved, any contract to operate such a site shall be awarded on a competitive bid basis if there is more than one applicant for a contract to operate such site. (3) Any hazardous waste disposal site established in accordance with this section shall be required to obtain a certificate of designation pursuant to this part 2.

C.R.S. § 25-15-216 Colorado geological survey to designate optimally suitable areas

25-15-216. Colorado geological survey to designate optimally suitable areas. Subject to available appropriations, the Colorado geological survey shall conduct a study of the geological suitability of areas of the state for hazardous waste disposal sites. Such study shall designate those areas of the state which the Colorado geological survey finds to be optimally suitable for hazardous waste disposal based upon detailed criteria relating to hydrology, geology, geochemistry, structural geology, geomorphology, climatology, and mineral resources. The designation of optimally suitable areas and the criteria utilized shall be produced in a publication available to the public at a reasonable cost.

C.R.S. § 25-15-217 Circumstances allowing state designation of a hazardous waste disposal site - conditions and limitations

25-15-217. Circumstances allowing state designation of a hazardous waste disposal site - conditions and limitations. (Repealed)

C.R.S. § 25-15-218 State hazardous waste siting council - composition

25-15-218. State hazardous waste siting council - composition. (Repealed)

C.R.S. § 25-15-219 Department to study need for disposal sites and feasibility of alternative technologies

25-15-219. Department to study need for disposal sites and feasibility of alternative technologies. (1) The department shall conduct a study assessing the need for hazardous waste disposal sites in this state. Such study shall identify the volumes and types of hazardous wastes generated in this state and the appropriateness and feasibility of treatment and disposal technologies as alternatives to land disposal. To offset the cost of such study, the department is authorized to expend a maximum of sixty thousand dollars out of the annual appropriation to the department from the hazardous waste service fund pursuant to section 25-15-304. (2) The department may also develop and submit to the general assembly proposed legislation to encourage the development and utilization of alternative technologies for hazardous waste management, which may include, by way of example, tax incentives for the purchase of equipment to implement alternative technologies.

C.R.S. § 25-15-301 Powers and duties of department

25-15-301. Powers and duties of department. (1) The department shall be the entity in the state responsible for the regulation of hazardous waste management; however, the department may, in accordance with section 25-15-306, enter into agreements with local governments to conduct specified activities involving monitoring, inspections, and technical services but not permit issuance or enforcement. (2) Pursuant to rules and regulations as provided for in section 25-15-302, the department shall: (a) Issue permits for treatment, storage, and disposal facilities, provide for the inspection of such operations, and enforce the limitations and conditions of such permits, including any conditions and schedules established to correct noncompliance; and (b) Assure that all generators, transporters, storers, treaters, and disposers of hazardous waste have received appropriate identification by the department, use a manifest system, and provide periodic reports on wastes manifested. (3) The department, by its duly authorized representatives, shall have the power to enter and inspect any property, premises, or place in which hazardous waste is reasonably believed to be located or in which relevant records may be located for the purpose of determining the compliance or noncompliance with any provision of this part 3, any rules and regulations promulgated pursuant to this part 3, or any order or permit, or term or condition thereof, issued pursuant to this part 3. Unless an emergency exists or the department has reason to believe that any unlawful activity is being conducted or will be conducted, the department shall provide prior notification of such inspection, which inspection shall be during normal business hours. If such entry or inspection is denied or not consented to and no emergency exists, the department is empowered to and shall obtain from the district court for the judicial district in which such property, premises, or place is located a warrant to enter and inspect any such property, premises, or place prior to entry and inspection. The district courts of this state are empowered to issue such warrants upon a showing that such entry and inspection is required to verify that the purposes of this part 3 are being carried out. Any information relating to proprietary processes or methods of manufacture or production obtained in the course of the inspection shall be kept confidential in accordance with section 24-72-204 (3)(a)(IV), C.R.S., of the open records law. If samples are taken, the owner and operator of the premises from which such samples are taken shall be entitled to a receipt for such samples and, upon request, a sufficient portion to perform an analysis equivalent to that which the department may perform. (4) (a) In the event of an emergency involving hazardous waste which presents an immediate and substantial threat to the public health and safety or the environment, the department shall have the authority to issue such orders as may be appropriate to protect the public health and safety or the environment, including emergency authorization to transport, treat, store, or dispose of hazardous waste. (b) Any person against whom an emergency order is issued pursuant to this subsection (4) shall be entitled to an immediate hearing as provided in section 24-4-105 (12), C.R.S. (5) In order to provide for the essential long-term care of hazardous waste consistent with adequate protection of the public health and safety and the environment, the department may acquire by gift, purchase, transfer from another state department or agency, or other transfer any and all lands, buildings, and grounds that have been designated as a hazardous waste site and may lease such properties to others for hazardous waste management. Any such acquisition shall be subject to the provisions of section 25-15-303 (4).

C.R.S. § 25-15-301.5 Additional powers of department - legislative declaration - report

25-15-301.5. Additional powers of department - legislative declaration - report. (1) The general assembly hereby finds, determines, and declares that the hazardous waste control program shall be implemented to protect human health and the environment in a manner that: (a) Maintains program authorization by the federal government; (b) Promotes a community ethic to reduce or eliminate waste problems; (c) Is credible and accountable to industry and the public; (d) Is innovative and cost-effective; and (e) Protects the environmental quality of life for impacted residents as required by other provisions of this part 3 and rules promulgated in connection therewith. (2) The department shall develop, implement, and continuously improve policies and procedures for carrying out its statutory responsibilities at the lowest possible cost without jeopardizing the intent stated in subsection (1) of this section. At a minimum, these policies and procedures shall, to the extent practicable, include the following: (a) Establish cost-effective level-of-effort guidelines for reviewing submittals including, but not limited to, permit applications and corrective action plans, to assure conformity with regulatory requirements, taking into consideration the degree of risk addressed and the complexity of the issues raised; (b) Establish cost-effective level-of-effort guidelines for performing inspections that focus on major violations of regulatory requirements that pose an immediate and significant threat to human health and the environment; (c) Streamline the corrective action process with features that include, without limitation, the following: (I) Cost-effective level-of-effort guidelines for site investigations and remediation that focus on result-based outcomes and performance-based oversight by the department; (II) Cost-effective level-of-effort guidelines for reviewing site investigation reports and corrective action plans; (III) The use of enforceable institutional controls to avoid unnecessary cleanup costs; and (IV) Realistic cleanup standards that address actual risk to human health and the environment on a site-specific basis and that take into account any applicable institutional controls. (d) Establish cost-effective level-of-effort guidelines for enforcement activities; (e) Establish schedules for timely completion of department activities including, but not limited to, submittal reviews, inspections and inspection reports, and corrective action activities; (f) Establish a prioritization methodology for completing activities that focuses on actual risk to human health and the environment; (g) Establish a preference for compliance assistance with at least ten percent of the annual budget amount being allocated to compliance assistance efforts; (h) Establish a preference for alternative dispute resolution mechanisms to timely resolve disputed issues; and (i) Establish a mechanism that continually values and provides incentives for further improvements in the policies and procedures of the department. (3) Notwithstanding section 24-1-136 (11)(a)(I), the department is directed to submit a report to the general assembly on or before February 1, 2002, and annually on or before each February 1 thereafter that describes the status of the hazardous waste control program, the department's efforts to carry out its statutory responsibilities at the lowest possible cost without jeopardizing the intent stated in subsection (1) of this section, and the department's implementation of the authority to accept environmental covenants created pursuant to section 25-15-321.

C.R.S. § 25-15-302 Solid and hazardous waste commission - creation - membership - rules - fees - administration - definitions

25-15-302. Solid and hazardous waste commission - creation - membership - rules - fees - administration - definitions. (1) (a) There is created in the department of public health and environment a solid and hazardous waste commission, referred to in this part 3 as the "commission", which is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment. The commission consists of nine citizens of the state appointed by the governor, with the consent of the senate, for terms of three years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Members of the commission must be appointed so as to achieve geographical representation and to reflect the various interests in waste management in the state. (b) Appointments to the commission shall be made so that all persons shall have appropriate scientific, technical, industrial, legal, public health, or environmental training or experience. Three members shall be from the regulated community. Three members shall be from the public at large. Three members shall be from government or the academic community; except that no member shall be an employee of the department. No more than five members of the commission shall be members of the same political party. (c) The members of the commission shall disclose any potential conflicts of interest to the governor and the committee of reference of the general assembly prior to confirmation and shall disclose any potential conflicts of interest which arise during their terms of membership to the other commission members in a public meeting of the commission. (d) Whenever a vacancy exists on the commission, the governor shall appoint a member for the remaining portion of the unexpired term created by the vacancy, subject to confirmation by the senate. (e) The governor may remove any appointed member of the commission for malfeasance in office, for failure to attend meetings regularly, or for any cause that renders such member incapable or unfit to discharge the duties of such member's office. (f) If any member of the commission is absent from two consecutive meetings or fails to attend at least seventy-five percent of the regularly scheduled meetings of the commission held in any one year and such absences were without sufficient cause as determined by the commission, the chairman of the commission shall notify the governor, who may remove such member and appoint a qualified person for the remaining portion of such member's term, subject to confirmation by the senate. (g) Each member of the commission shall receive traveling and other necessary expenses actually incurred in the performance of such member's official duties as a member of the commission. (h) The commission shall select from its own membership a chairman, a vice-chairman, and a secretary. The commission shall keep a record of its proceedings. (i) The commission shall hold regular public meetings and may hold special meetings on the call of the chairman or vice-chairman at such other times as deemed necessary. Written notice of the time and place of each meeting shall be mailed to each member at least twenty days in advance of such meeting. airman, a vice-chairman, and a secretary. The commission shall keep a record of its proceedings. (i) The commission shall hold regular public meetings and may hold special meetings on the call of the chairman or vice-chairman at such other times as deemed necessary. Written notice of the time and place of each meeting shall be mailed to each member at least twenty days in advance of such meeting. (j) (I) The commission shall hold an annual public meeting to hear public comment on hazardous waste issues within the state. At such meeting, the commission shall answer reasonable questions from the public concerning rules, regulations, appeals of penalties, and any other commission activities under the authority of this part 3 occurring during the previous year. (II) Prior to the meeting required under subparagraph (I) of this paragraph (j), the commission shall prepare and make available to the public a report which shall contain the following specific information: (A) All rules and regulations promulgated by the commission during the previous year; (B) All interpretive rules issued by the commission during the previous year; (C) All appeals of penalties heard before the commission and the commission's determinations in such appeals; and (D) Any other commission activities as appropriate. (k) Each member of the commission shall have a vote. Two-thirds of the members of the commission shall constitute a quorum, and, except as otherwise provided in subsection (4) of this section, the concurrence of a majority of the members present at any meeting at which a quorum is present on any matter within its powers and duties shall be required for any determination made by the commission. (2) The commission shall promulgate rules pertaining to hazardous waste in accordance with this part 3 and in accordance with the procedures and other provisions of article 4 of title 24, C.R.S. Such rules shall provide protection of public health and the environment and shall include: (a) Criteria for establishing characteristics and listings of hazardous wastes, including mechanisms for determining whether any waste is hazardous for the purpose of this part 3; (b) Regulations governing those wastes or combinations of wastes which are not compatible and which may not be stored, treated, or disposed of together; (c) Regulations for the storage, treatment, and disposal of hazardous wastes, including regulations for the issuance of permits based on best engineering judgment, including but not limited to interim status, regulations concerning information required to be submitted to obtain such permits, and regulations concerning the requirement of a permit prior to the construction of a treatment, storage, or disposal facility; (d) Regulations for the operation and maintenance of hazardous waste treatment, storage, and disposal facilities, including such qualifications and requirements as to ownership, continuity of operation, training of personnel, and closure and postclosure care, as may be necessary or desirable; (e) Regulations for the design and construction of treatment, storage, and disposal facilities; acility; (d) Regulations for the operation and maintenance of hazardous waste treatment, storage, and disposal facilities, including such qualifications and requirements as to ownership, continuity of operation, training of personnel, and closure and postclosure care, as may be necessary or desirable; (e) Regulations for the design and construction of treatment, storage, and disposal facilities; (f) Regulations, promulgated in accordance with article 20 of title 42, C.R.S., providing procedures and requirements for: (I) The use of a manifest during transportation of hazardous waste, applying equally to those persons transporting hazardous waste they have generated themselves and to persons who have contracted to transport hazardous waste for other parties, consistent with federal and state regulations on the transportation of hazardous wastes; (II) Record keeping concerning the transportation of hazardous waste, including its source and destination; (III) Notification and cleanup of spills or discharges during the transportation of hazardous waste; (IV) Transportation of hazardous wastes only if such hazardous wastes are properly labeled and for restricting the transportation of all hazardous wastes only to permitted hazardous waste treatment, storage, or disposal facilities which the shipper designates on the manifest form; (g) Regulations requiring reports and record-keeping requirements for hazardous waste management, including notification of accidents; (h) Regulations establishing procedures for maintaining confidentiality relating to methods of manufacture or secret processes and establishing fees and financial assurance and ownership requirements, including bonds, required by this part 3; (i) Regulations for issuing compliance orders and administrative penalties, for establishing compliance conditions and schedules, and for issuing, modifying, revoking and reissuing, or terminating permits; except that nothing in this paragraph (i) shall be interpreted to impair the department's authority to take such actions pending promulgation of such regulations; (j) Regulations for the classification of sites in terms of wastes that can be received and managed thereon and hydrological, soil, and other siting characteristics for assuring long-term isolation of designated wastes from the environment; (k) Regulations establishing standards applicable to generators of hazardous waste, including requirements for: (I) Record-keeping practices that accurately identify the quantities of hazardous waste generated, the constituents of such hazardous waste which are significant in quantity or of potential harm to human health or the environment, and the disposition of such hazardous waste; (II) Labeling practices for any container that is used for the storage, transportation, or disposal of hazardous waste so as to identify accurately such waste; (III) The use of appropriate containers for hazardous waste; (IV) The furnishing of information on the general chemical composition of hazardous waste to persons transporting, treating, storing, or disposing of such waste; (V) The use of a manifest system and any other reasonable means necessary to assure that all hazardous waste generated is designated for treatment, storage, or disposal at a permitted facility; (VI) The submission of reports; and aste; (IV) The furnishing of information on the general chemical composition of hazardous waste to persons transporting, treating, storing, or disposing of such waste; (V) The use of a manifest system and any other reasonable means necessary to assure that all hazardous waste generated is designated for treatment, storage, or disposal at a permitted facility; (VI) The submission of reports; and (l) Regulations requiring contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any hazardous waste. (3) The commission shall promulgate rules establishing categories of hazardous wastes and hazardous waste management practices based on degree of hazard considerations. Such rules may vary from category to category to reflect the degree of hazard involved in each such category. The commission's rules may also provide for general permits to be issued based on degree of hazard considerations. (3.2) (a) The commission shall promulgate rules establishing a certificate of registration for any facility, fire department, or lessee subject to federal rules and regulations that uses or stores perfluoroalkyl and polyfluoroalkyl substances in its operations, establishing standards for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances, and setting penalties for not obtaining such a certificate of registration or following such standards for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances. The commission shall take into account costs, technological feasibility, and the possibility of emergency situations for any rules it promulgates. (b) Any facility, fire department, or lessee subject to federal rules and regulations that uses or stores perfluoroalkyl and polyfluoroalkyl substances in its operations must obtain the certificate of registration created under subsection (3.2)(a) of this section either before June 1, 2021, or six months after it first obtains perfluoroalkyl and polyfluoroalkyl substances, whichever is later. (c) In order to obtain the certificate of registration created under subsection (3.2)(a) of this section, a facility, fire department, or lessee subject to federal rules and regulations must prove that it follows the standards for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances created under subsection (3.2)(a) of this section. (d) No facility, fire department, or lessee subject to federal rules and regulations that uses or stores perfluoroalkyl and polyfluoroalkyl substances in its operations shall be subject to any penalties under this section for not obtaining a certificate of registration unless there has been a sufficient opportunity to apply for and receive a certificate of registration. (e) As used in this section, unless the context otherwise requires: (I) "Perfluoroalkyl and polyfluoroalkyl substances" means class B firefighting foam, as defined in section 25-5-1302 (2), that contain a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (II) "Uses or stores" means actual and intentional ownership or control of perfluoroalkyl and polyfluoroalkyl substances. "Uses or stores" does not mean the interception or accumulation of perfluoroalkyl and polyfluoroalkyl substances in water treatment facilities and domestic wastewater facilities. (3.5) The commission shall promulgate rules pertaining to the assessment of fees to offset program costs from facilities that treat, store, or dispose of hazardous waste pursuant to a permit or interim status and from generators of hazardous waste in accordance with the following: on of perfluoroalkyl and polyfluoroalkyl substances in water treatment facilities and domestic wastewater facilities. (3.5) The commission shall promulgate rules pertaining to the assessment of fees to offset program costs from facilities that treat, store, or dispose of hazardous waste pursuant to a permit or interim status and from generators of hazardous waste in accordance with the following: (a) On or after July 1, 2000, to July 1, 2002, the fees shall be as follows: (I) The annual fees for facilities that treat, store, or dispose of hazardous waste pursuant to a permit or interim status shall be as set forth in 6 CCR 1007-3, section 100.31; (II) The annual fee shall be one thousand nine hundred dollars for generators of hazardous waste who are subject to regulation under this part 3 during any calendar month of the year for which the annual fee is being assessed and who generate in each of any four calendar months in that year an amount greater than one thousand kilograms of hazardous wastes, one kilogram of acute hazardous wastes, or one hundred kilograms of any residue, contaminated soil, waste, or debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes; (III) The annual fee shall be three hundred dollars for all other generators of hazardous waste that are subject to this part 3 during any calendar month of the year for which the annual fee is being assessed; except that no annual fee shall be assessed against those generators of hazardous waste who generate in every month of that year no more than one hundred kilograms of hazardous wastes, one kilogram of acute hazardous wastes, or one hundred kilograms of any residue, contaminated soil, waste, or debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes; (IV) The document review and activity fee charged by the department shall be in accordance with 6 CCR 1007-3, section 100.32; except that the hourly charge shall be increased from eighty-five dollars to one hundred dollars; (V) The document review and activity fee ceiling shall be in accordance with 6 CCR 1007-3, section 100.32; except that the department may, on a case-by-case basis and upon demonstration of need consistent with section 25-15-301.5, request a waiver of the ceiling from a facility subject to the document review and activity fee. (b) On or after July 1, 2002, the commission may adjust the fees then in effect if the department has demonstrated that it has developed, implemented, and is continuing to improve policies and procedures for carrying out its statutory responsibilities at the lowest possible cost without jeopardizing the intent set out in section 25-15-301.5 (1), and that, despite these efforts or as a result of these efforts, the fee adjustments are necessary; except that the adjusted fees shall be subject to the following limitations: (I) Annual fees for facilities that treat, store, or dispose of hazardous waste pursuant to a permit or interim status shall be established at a level that will, when combined with an appropriate share of available federal grant moneys, generate revenues approximating the actual, reasonable program costs attributable to such facilities. Such annual fees shall take into account equitable factors including, without limitation, the quantity and degree of hazard of the hazardous waste involved and whether the hazardous waste is to be disposed of, stored, or treated. ombined with an appropriate share of available federal grant moneys, generate revenues approximating the actual, reasonable program costs attributable to such facilities. Such annual fees shall take into account equitable factors including, without limitation, the quantity and degree of hazard of the hazardous waste involved and whether the hazardous waste is to be disposed of, stored, or treated. (II) Annual fees for generators of hazardous waste who are subject to regulation under this part 3 during any calendar month of the year for which the annual fee is being assessed shall be established at a level that will, when combined with an appropriate share of available federal grant moneys, generate revenues approximating the actual, reasonable program costs attributable to generators with an appropriate differentiation between generators described in subparagraphs (II) and (III) of paragraph (a) of this subsection (3.5); (III) The hourly charge for the document review and activity fees shall be established at a rate comparable to industry rates for performing similar tasks with maximum levels on document review and activity fees that reflect timely and cost-effective reviews; and (IV) The overall fee structure shall be consistent with the trend in hazardous waste generation, treatment, storage, disposal, and corrective action in the state and with the authorized funding for the program. (c) In addition to any other review provided in law, any rule adopted, or fee modified, by the commission pursuant to paragraph (b) of this subsection (3.5) may be reviewed by the joint budget committee of the general assembly upon its own motion or upon written request submitted within thirty days after the adoption of the rule by the commission. The joint budget committee shall review such rule for accuracy and compliance with the statutory provision set forth in this subsection (3.5). Request may be made by any person regulated under this part 3. Any review by the joint budget committee shall be completed within ninety days after the date requested. Such rule shall not become effective until approved by the joint budget committee or upon the failure of the joint budget committee to take action within ninety days after the day of the request for review. Such rule may not result in a level of funding for the program that exceeds amounts appropriated or that will be appropriated by the general assembly. (d) The department shall provide a receipt for the fees paid pursuant to this subsection (3.5) and shall transmit such payments to the state treasurer and take the treasurer's receipt therefor. The state treasurer shall credit all fees received to the hazardous waste service fund as provided in section 25-15-304. (3.7) If the department determines that a facility is, and has been, treating, storing, or disposing of hazardous wastes without a permit or interim status, and that facility legally should have been operating pursuant to a permit or interim status, then, in addition to any other remedies the department may have, the department may assess a fee to offset program costs from that facility that is equivalent to the estimated annual fees, without interest, that such facility should have paid the department if the facility had been operating pursuant to a permit or interim status; except that such fee shall not be assessed under any one the following circumstances: (a) The only hazardous waste being treated, stored, or disposed of is in-place contaminated media or debris or contaminated structures; (b) The treatment, storage, and disposal is part of a corrective action plan approved by the department; or facility had been operating pursuant to a permit or interim status; except that such fee shall not be assessed under any one the following circumstances: (a) The only hazardous waste being treated, stored, or disposed of is in-place contaminated media or debris or contaminated structures; (b) The treatment, storage, and disposal is part of a corrective action plan approved by the department; or (c) The facility modified the facility's operations within one month after being notified in writing that the facility should be operating pursuant to a permit or interim status so that any treatment, storage, or disposal of hazardous wastes at the facility is no longer subject to a permit or interim status. (4) (a) Except as provided in paragraph (b) of this subsection (4), the rules promulgated by the commission pursuant to the provisions of this part 3 may be more stringent than the corresponding rules of the federal environmental protection agency promulgated pursuant to the federal act; however, more stringent rules including, without limitation, rules that list or define as a hazardous waste any waste or other material exempted or otherwise not regulated as a hazardous waste under the federal act may only be adopted if the commission makes a written finding, after a public hearing and based upon substantial evidence in the record that such rules are necessary to protect the public health and the environment of the state, and such findings and rules are approved by an affirmative vote of at least six members of the commission. Such findings and rules shall be accompanied by a commission opinion referring to and evaluating the public health and environmental information and studies contained in the record that form the basis for such findings and rules. (b) The rules promulgated by the commission pursuant to the provisions of this part 3 concerning the regulation of mining and mineral processing wastes, including exploration, mining, milling, and smelting and the refining of waste, shall be identical to and no more inclusive than the regulations of the federal environmental protection agency promulgated pursuant to the federal act. (c) (Deleted by amendment, L. 2000, p. 1068, § 3, effective July 1, 2000.) (4.5) The commission shall adopt rules concerning solid waste disposal sites and facilities in accordance with part 1 of article 20 of title 30, C.R.S. (4.6) The commission may adopt rules that specify types of composting facilities by size, volume, or other suitable criteria that provide equivalent protection of public health and the environment that would not be required to obtain a certificate of designation in accordance with section 30-20-102, C.R.S. (4.7) Repealed. (5) The rules promulgated by the commission are subject to expiration in accordance with section 24-4-103. (6) The commission may advise and consult and cooperate with other agencies of the state, the federal government, and other states and with groups, political subdivisions, and industries affected by the provisions of this article or by the policies or rules of the commission. (7) (a) The commission may hold hearings. Such hearings shall be held pursuant to and in conformity with article 4 of title 24, C.R.S., and with this article. (b) The commission shall adopt such rules governing procedures and hearings before the commission as may be necessary to assure that such procedures and hearings will be fair and impartial. Such rules shall be consistent with the pertinent provisions of article 4 of title 24, C.R.S. Such rules shall include a voting rule that excludes a member from voting on any matter arising under section 25-15-305, 25-15-308, or 25-15-309 if such member has a conflict of interest with respect to such matter. s may be necessary to assure that such procedures and hearings will be fair and impartial. Such rules shall be consistent with the pertinent provisions of article 4 of title 24, C.R.S. Such rules shall include a voting rule that excludes a member from voting on any matter arising under section 25-15-305, 25-15-308, or 25-15-309 if such member has a conflict of interest with respect to such matter. (c) The disclosure of any information relating to secret processes or methods of manufacture or production which may be required, ascertained, or discovered by the commission shall be governed by the provisions of part 2 of article 72 of title 24, C.R.S. (8) (a) Prior to promulgating any rule authorized by this article, the commission shall conduct a public hearing thereon as provided in section 24-4-103, C.R.S. Notice of any such hearing shall conform to the requirements of section 24-4-103, C.R.S.; except that such notice shall include a summary or the text of each proposed rule or rule revision. The commission may, if requested or when otherwise appropriate, lengthen the notice period to provide sufficient time for public review of a proposed rule or revision. (b) Rules promulgated pursuant to this article shall take effect as provided in section 24-4-103 (5) or (6), C.R.S. (9) (a) The commission shall employ an administrator and shall delegate to such administrator such duties and responsibilities as it may deem necessary; except that no authority shall be delegated to such administrator to promulgate rules or to make determinations as provided in this part 3. Such administrator shall have appropriate practical, educational, technical, and administrative training or experience related to solid and hazardous waste management and shall be employed pursuant to section 13 of article XII of the Colorado constitution. (b) Notice of meetings of the commission shall be published in the Colorado register at least twenty days prior to the date of such meeting and shall state the time, place, and nature of the subject matter to be considered at such meeting. The administrator shall maintain a mailing list of persons requesting to be included thereon and shall mail notice of any meeting of the commission to such persons at least twenty days prior to such meeting. Opportunity shall be afforded to interested persons to submit views orally or in writing on the proposals under consideration or to otherwise participate informally in a commission proceeding. For commission proceedings under this part 3 other than the review of administrative penalties pursuant to section 25-15-309, the department shall furnish such personnel to the commission as the commission may reasonably require.

C.R.S. § 25-15-303 Requirements for hazardous waste treatment, storage, and disposal sites and facilities - permits

25-15-303. Requirements for hazardous waste treatment, storage, and disposal sites and facilities - permits. (1) Any site or facility for the treatment, storage, or disposal of hazardous waste shall be unlawful unless a permit is granted by the department for such site or facility. Each permit shall provide for a specified term and conditions for renewal and shall provide for modification upon the permittee's request or upon a finding that a substantial threat to the public health or safety or the environment exists at the site or facility. In issuing permits for disposal facilities the department shall consider the variations within this state in climate, geology, and such other factors as may be relevant to the management of hazardous wastes. (2) A separate permit shall not be required, unless the permittee so requests, of a person otherwise subject to the requirements of this part 3 who is engaged in mining operations pursuant to a permit issued under the "Colorado Surface Coal Mining Reclamation Act", article 33 of title 34, C.R.S. (3) Any person who possesses a federal permit or has federal interim status under section 3005 (c) of the federal act for the treatment, storage, or disposal of hazardous waste shall be deemed to possess an identical permit or status with the department. Any such permit shall remain in effect until it expires or is suspended or revoked for failure to meet conditions in the permit or the requirements of this part 3. (4) (a) Any deed for property which has been utilized for the disposal of hazardous waste and has received interim status or a permit under the federal act or a permit under this part 3 or has received a certificate of designation under part 2 of this article shall contain a notation that such property has been utilized for the disposal of hazardous waste. (b) and (c) (Deleted by amendment, L. 92, p. 1244, § 7, effective August 1, 1992.) (5) Repealed. (6) Any operation conducted at sites acquired by the state for the express purpose of hazardous waste treatment, storage, or disposal shall be in accordance with a lease which shall provide for payments to the state based on the quantity of waste managed, and shall also require, in lieu of taxes, payments to be transferred to the local government having jurisdiction as compensation for loss of valuation and which shall be adjusted annually to conform with current mill levies, assessment practices, and value of land improvements. (7) As a condition to the issuance of any permit under subsection (1) of this section, the department may require, in accordance with rules and regulations, that the permittee post a bond or provide other evidence of financial assurance so that the department may, if the permittee is unable or unwilling to do so, arrange to rectify any improper hazardous waste management technique committed during the term of the permit. If a bond is posted, a portion of the bond shall be refunded to the permittee upon proper closure of the permitted hazardous waste management activity if use of such portion of the bond is not required. (8) Prior to the issuance of any permit under subsection (1) of this section, the department shall, in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., give reasonable public notice and shall, upon sufficient interest, hold a public hearing on the application in the locality of the proposed site or facility.

C.R.S. § 25-15-304 Hazardous waste service fund created

25-15-304. Hazardous waste service fund created. (1) There is created in the state treasury a hazardous waste service fund, which shall consist of fees collected pursuant to section 25-15-302 (3.5) to reimburse the state for its annual program expenses incurred in the maintenance, monitoring, and other supervision of the lands and facilities used for the storage, treatment, and disposal of hazardous waste. Such money shall be appropriated annually to the department by the general assembly which shall review such expenditures to assure that they are used to accomplish the purposes of this section. All unappropriated balances in the hazardous waste service fund shall remain therein and shall not revert to the general fund. (2) Repealed.

C.R.S. § 25-15-305 Judicial review

25-15-305. Judicial review. (1) (a) Any final rule issued by the commission shall be subject to judicial review in accordance with the provisions of this article and article 4 of title 24, C.R.S. (b) Judicial review of any rules promulgated by the commission shall be filed in the district court for the second judicial district. (2) (a) Except as provided in section 25-15-308, any final determination issued by the department pursuant to this part 3, including but not limited to, permit determinations, permit terms or conditions, determinations regarding closure plans, or determinations regarding permits, closure plans, or corrective action plans required by a compliance order, shall be subject to review in accordance with the provisions of this section and section 24-4-106, C.R.S. A hearing pursuant to section 24-4-105, C.R.S., shall not be required prior to the issuance of any final determination described in this paragraph (a). (b) Any proceeding for judicial review of any final determination of the department shall be filed in the district court for the district in which the site or facility is or may be located. (c) Any proceeding for judicial review of any final determination of the department described in paragraph (a) of this subsection (2) shall be filed within thirty days after said determination has become effective. Such determination shall become effective upon issuance or upon such later date as is specified in such determination. (d) The contested provisions of a determination under review and the uncontested provisions that are not severable from such contested provisions, as determined by the department, shall be stayed during the pendency of the judicial review of such determination. All other provisions of the department's determination under review shall be fully effective unless, upon application and a showing of good cause by a party to the judicial review, the court stays such other provisions. The stay of any portion of a determination pursuant to this paragraph (d) shall have no effect on the obligations of the person to whom such determination applies to comply with applicable laws, regulations, and valid existing orders. The commission shall promulgate regulations governing the continuance of existing, expiring, or superseded permits, closure plans, or corrective action plans during the time period of any appeal of such determination pursuant to this section. (e) Upon motion of a party to the judicial review, and in the discretion of the court, the court may request an interpretive rule from the commission pertaining to any rule adopted pursuant to this part 3 which is at issue in the judicial review only in the event that there is no genuine issue of material fact, or in the event that the parties have stipulated to the material facts for the purposes of such interpretive rule. The court may adjust the schedule of the judicial review to accommodate the receipt of such information. Notwithstanding the provisions of section 24-4-103 (1), C.R.S., in the event that an interpretive rule is requested by the court and the commission agrees to issue such an interpretation, notice to the public of the interpretive rule-making proceeding shall be given in accordance with the provisions of section 24-4-103, C.R.S. Such notice shall be provided within forty-five days following the receipt of the request. The commission shall receive written material, not to exceed fifteen pages in length, from any interested person no later than fifteen days following the date that notification is given. The commission shall issue the written interpretive rule no later than thirty days following the deadline for the receipt of any such written material. The legal effect of any such interpretive rule shall be determined in accordance with applicable law and is not presumed to be binding on any party to the judicial review.

C.R.S. § 25-15-306 Local control of facilities - authorization by department - allocation of fees

25-15-306. Local control of facilities - authorization by department - allocation of fees. The department may enter into an agreement with a county, a city and county, or a municipality within whose jurisdiction is located one or more hazardous waste treatment, storage, or disposal sites or facilities for such local government to provide inspection, monitoring, and emergency response for such sites and facilities. The department shall make available to any such local government a reasonable portion of the fees appropriated from the hazardous waste service fund for conducting such functions. The department shall have the power to reassume any such function granted a local government if it appears to the department that the appropriate expertise is unavailable or that the resources provided are not appropriately applied for the agreed purpose, or if the department and the local government mutually so agree.

C.R.S. § 25-15-307 Coordination with other programs

25-15-307. Coordination with other programs. (1) The department shall coordinate the hazardous waste program with all other programs within the department and with other agencies of federal, state, or local government which are related to hazardous waste. (2) For the purposes of the administration and enforcement of this part 3, the department shall coordinate its activities with those of the Colorado state patrol relating to the transportation of hazardous materials. Rules and regulations of the commission relating to the transportation of hazardous waste shall be consistent with the rules and regulations of the Colorado state patrol on the transportation of hazardous materials promulgated pursuant to article 20 of title 42, C.R.S.

C.R.S. § 25-15-308 Prohibited acts - enforcement

25-15-308. Prohibited acts - enforcement. (1) On or after the date specified in section 25-15-102 (3), no person shall: (a) Dispose of any hazardous waste off-site at any facility that does not have state or federal interim status, a federal permit, or a permit granted by the department pursuant to section 25-15-303; (b) Dispose of on-site, treat, or store any hazardous waste without having therefor either state or federal interim status, a federal permit, or a permit granted by the department pursuant to section 25-15-303; (c) Substantially alter any hazardous waste treatment, storage, or disposal facility or site without first obtaining from the department a modification of an existing permit or a new permit. (2) (a) Whenever the department finds that any person is or has been in violation of any permit, rule, regulation, or requirement of this part 3, the department may issue an order identifying the factual and legal elements of such violation with particularity and requiring such person to comply with any such permit, rule, regulation, or requirement and may request the attorney general to bring suit for injunctive relief or for penalties pursuant to section 25-15-309 or 25-15-310. (b) Such orders may contain an administrative penalty assessment as provided in section 25-15-309. Issuance of an administrative order without a penalty assessment shall not preclude the department from subsequently seeking an administrative or civil penalty for the violations detailed in the order. A hearing pursuant to section 24-4-105, C.R.S., shall not be required prior to the issuance of an order pursuant to this section. (c) Any order issued pursuant to this section shall be served upon the person who is the subject of such order by personal service or by registered mail, return receipt requested. Any such order may be prohibitory or mandatory in effect. Unless provided otherwise in such order, the order shall be effective immediately upon issuance. (3) (a) Any appeal of an order issued by the department pursuant to this section shall be taken in accordance with the provisions of this section. Notice of appeal shall be filed by personal service or by registered mail, return receipt requested, with the office of administrative courts in the department of personnel, with the executive director of the department or the executive director's designee, and with the commission in the case of an appeal of an administrative law judge's determination concerning an administrative penalty assessment. Notice of appeal shall be filed no later than thirty calendar days after the effective date of the order which is the subject of the appeal. (b) The filing of an appeal of any order shall stay the obligation to submit payment of any monetary penalty pursuant to such order. Such filing shall not negate the appellant's obligation to otherwise comply with the order. An appellant may seek a stay of any other provision of an order in accordance with this section. The issuance of a stay shall not prevent the department from subsequently imposing a penalty for any subsequent violation by an appellant. (c) Any person appealing an order may make a motion that the administrative law judge stay the enforcement of such order. The administrative law judge may stay the enforcement of any portion of an order if the administrative law judge determines that the balance of equities favors the moving party. An administrative law judge shall consider the following factors in considering a request for a stay of an order: (I) The probability of serious harm to the moving party if the motion for a stay is denied; (II) The probability that no serious harm to the public health or the environment will occur if the motion for a stay is granted; (III) The merits of the moving party's case on appeal; and (IV) The public interest. dge shall consider the following factors in considering a request for a stay of an order: (I) The probability of serious harm to the moving party if the motion for a stay is denied; (II) The probability that no serious harm to the public health or the environment will occur if the motion for a stay is granted; (III) The merits of the moving party's case on appeal; and (IV) The public interest. (d) The stay of any portion of an order shall have no effect on the recipient's obligations under applicable statutes, regulations, permits, and valid, existing orders. (e) The administrative law judge shall expedite hearing and determinations in regards to a motion for a stay pursuant to this subsection (3). The moving party shall have the burden of proof in any hearing regarding a motion for a stay. (f) Any hearing held by an administrative law judge pursuant to this section shall be conducted in accordance with section 24-4-105, C.R.S., except as otherwise provided in this section. Except as provided in paragraph (e) of this subsection (3), the department shall bear the burden of proof by a preponderance of the evidence in any hearing before an administrative law judge pursuant to this section. (g) Upon motion of a party to the appeal, and in the discretion of the administrative law judge, an administrative law judge may request an interpretive rule from the commission pertaining to any rule which is at issue in the appeal only in the event that there is no genuine issue of material fact or in the event that the parties have stipulated to the material facts for the purposes of such interpretive rule. The administrative law judge may adjust the schedule of the appeal to accommodate the receipt of such information. Notwithstanding the provisions of section 24-4-103 (1), C.R.S., in the event that an interpretive rule is requested by an administrative law judge and the commission agrees to issue such an interpretation, notice to the public of the interpretive rule-making proceeding shall be given in accordance with the provisions of section 24-4-103, C.R.S. Such notice shall be provided within forty-five days following the receipt of the request. The commission shall accept written material, not to exceed fifteen pages in length, that is received from any interested person no later than fifteen days following the date that notification is given. The commission shall issue the written interpretive rule no later than thirty days following the deadline for the receipt of any such written material. The legal effect of any such interpretive rule shall be determined in accordance with applicable law and is not presumed to be binding on any party to the appeal. (h) Except as provided in paragraph (i) of this subsection (3) and notwithstanding the provisions of section 24-4-105 (15), C.R.S., any appeal of the determination of the administrative law judge pursuant to this section or section 25-15-301 (4)(b) shall be taken to the district court in accordance with section 24-4-106, C.R.S. ble law and is not presumed to be binding on any party to the appeal. (h) Except as provided in paragraph (i) of this subsection (3) and notwithstanding the provisions of section 24-4-105 (15), C.R.S., any appeal of the determination of the administrative law judge pursuant to this section or section 25-15-301 (4)(b) shall be taken to the district court in accordance with section 24-4-106, C.R.S. (i) Questions raised upon appeal of the determination of an administrative law judge as to the amount of penalty assessed by an order issued pursuant to this section shall be heard by the commission based upon the record developed by the administrative law judge. Notwithstanding the provisions of section 24-4-103 (1), C.R.S., in the event that the commission is requested to review the amount of a penalty, notice to the public of such penalty review shall be given in accordance with the provisions of section 24-4-103, C.R.S. Such notice shall be provided within forty-five days following receipt of such request for review of a penalty. (4) (a) Any action pursuant to this part 3 shall commence within two years after the date upon which the department discovers an alleged violation of this part 3 or within five years after the date upon which the alleged violation occurred, whichever date occurs earlier; except that such limitation period is tolled during any period that the alleged violation is intentionally concealed. For the purposes of this section, "intentionally" shall have the meaning provided for such term in section 18-1-501 (5), C.R.S. (b) If any action has not been commenced within the limitation period provided by paragraph (a) of this subsection (4) in connection with any disposal of hazardous waste without either state or federal interim status, a federal permit, or a permit granted by the department pursuant to section 25-15-303, the department, within two years after the date upon which the department discovers such disposal, may issue an order pursuant to this section requiring action to remediate such disposal. The department is not authorized under these circumstances to seek any administrative, civil, or criminal penalties for such disposal of hazardous waste.

C.R.S. § 25-15-309 Administrative and civil penalties

25-15-309. Administrative and civil penalties. (1) Any person who violates the provisions of section 25-15-308 or who violates any compliance order of the department which is not subject to a stay pending judicial review and which has been issued pursuant to this part 3 shall, for each such violation, be subject to a penalty for each day during which such violation occurs or continues. The department may impose an administrative penalty of no more than fifteen thousand dollars per day per violation. In lieu of imposing an administrative penalty pursuant to this section, the department may seek a civil penalty for violation of state environmental law in the district court of the judicial district in which the violation occurs. The district court may impose a civil penalty of no more than twenty-five thousand dollars per day per violation. (2) The department shall not be precluded from referring a matter for criminal prosecution regardless of whether an order is issued pursuant to section 25-15-301 (4)(a) or 25-15-308. The department shall not impose both a civil penalty and an administrative penalty for any particular instance of a violation of this part 3. (3) The department, the administrative law judge, the commission, or the court shall consider the factors contained in paragraphs (a) to (i) of this subsection (3) in determining the amount of any administrative or civil penalty for a violation of this part 3. The factors contained in paragraphs (f), (g), and (h) of this subsection (3) shall be mitigating factors and may be applied, together with other factors, to reduce penalties. Such factors are: (a) The seriousness of the violation; (b) Whether the violation was intentional, reckless, or negligent; (c) The impact upon or the threat to the public health or the environment as a result of the violation; (d) The degree, if any, of recalcitrance or recidivism upon the part of the violator; (e) The economic benefit realized by the violator as a result of the violation; (f) The voluntary and complete disclosure by the violator of such violation in a timely fashion after discovery and prior to the department's knowledge of the violation, provided that all reports required pursuant to state environmental law have been submitted as and when otherwise required; (g) Full and prompt cooperation by the violator following disclosure of a violation, including, when appropriate, entering into in good faith and implementing a legally enforceable agreement to undertake compliance and remedial efforts; (h) The existence of a regularized and comprehensive environmental compliance program or an environmental audit program that was adopted in a timely and good-faith manner and that includes sufficient measures to identify and prevent future noncompliance; and (i) Any other aggravating or mitigating circumstances. (4) Notwithstanding the provisions of subsection (3) of this section, the department may enter into settlement agreements regarding any penalty or claim resolved pursuant to this part 3. Any settlement agreement may include but is not necessarily limited to the payment or contribution of moneys to state or local agencies or for other environmentally beneficial purposes.

C.R.S. § 25-15-310 Criminal offenses - penalties

25-15-310. Criminal offenses - penalties. (1) On or after the date specified in section 25-15-102 (3), no person shall: (a) Transport or cause to be transported any hazardous waste identified or listed pursuant to this article to a facility which does not have a permit under this article or the federal act; (b) Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article either without having obtained a permit as required by this article or the federal act or in knowing violation of any material condition or requirement of a permit or interim status requirement; (c) Omit any material information or make any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article or with the federal act or regulations promulgated under this article or the federal act; (d) Destroy, alter, or conceal any record required to be maintained or fail to file any record required to be filed under regulations promulgated by the commission under this part 3 or pursuant to the federal act; or (e) Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article in violation of any material condition or requirement of a permit or interim status requirement. (2) Except as provided in section 18-13-112, 29-22-108, or 42-20-113, C.R.S., any person acting with criminal negligence as defined in section 18-1-501 (3), C.R.S., who violates any of the provisions of paragraph (a), (c), (d), or (e) of subsection (1) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation. If such conviction is for a violation committed after a previous conviction under this subsection (2), the maximum fine shall be doubled. (3) Any person who knowingly, as defined in section 18-1-501 (6), C.R.S., violates any of the provisions of paragraph (a), (b), (c), or (d) of subsection (1) of this section is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than fifty thousand dollars for each day of violation, or by imprisonment not to exceed four years, or by both such fine and imprisonment. If said conviction is for a violation committed after a previous conviction of such person under this subsection (3), the maximum punishment shall be doubled with respect to both fine and imprisonment. (4) (a) (Deleted by amendment, L. 92, p. 1252, § 12, effective August 1, 1992.) (b) Any generator who otherwise stores waste on-site in compliance with the requirements of 6 CCR 1007-3, section 262.34 (a), as those requirements exist on July 1, 1988, but who knowingly exceeds the ninety-day storage period or any extension thereof is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in subsection (2) of this section. (5) The court shall consider the factors contained in paragraphs (a) to (i) of this subsection (5) in determining the amount of any criminal sanction to be imposed pursuant to this article. The factors contained in paragraphs (f), (g), and (h) of this subsection (5) shall be mitigating factors and may be applied, together with other factors, to reduce or eliminate sanctions or penalties. Such factors are: (a) The seriousness of the violation; (b) Whether the violation was intentional, reckless, or negligent; (c) The impact upon or the threat to the public health or the environment as a result of the violation; (d) The degree, if any, of recalcitrance or recidivism upon the part of the violator; (e) The economic benefit realized by the violator as a result of the violation; s. Such factors are: (a) The seriousness of the violation; (b) Whether the violation was intentional, reckless, or negligent; (c) The impact upon or the threat to the public health or the environment as a result of the violation; (d) The degree, if any, of recalcitrance or recidivism upon the part of the violator; (e) The economic benefit realized by the violator as a result of the violation; (f) The voluntary and complete disclosure by the violator of such violation in a timely fashion after discovery and prior to the department's knowledge of the violation, provided that all reports required pursuant to state environmental law have been submitted as and when otherwise required; (g) Full and prompt cooperation by the violator following disclosure of a violation, including, when appropriate, entering into in good faith and implementing a legally enforceable agreement to undertake compliance and remedial efforts; (h) The existence of a regularized and comprehensive environmental compliance program or an environmental audit program that was adopted in a timely and good-faith manner and that includes sufficient measures to identify and prevent future noncompliance; and (i) Any other aggravating or mitigating circumstances.

C.R.S. § 25-15-311 Disposition of fines and penalties - repeal

25-15-311. Disposition of fines and penalties - repeal. (1) Except as described in subsection (2) of this section, all receipts from penalties or fines collected under sections 25-15-309 and 25-15-310 shall be credited to the general fund of the state. (2) (a) On and after July 1, 2025, all receipts from penalties or fines collected under sections 25-15-309 and 25-15-310 shall be credited to the rural housing and development asbestos and lead paint abatement fund created in section 25-16-312; except that, for the 2025-26 state fiscal year and the 2026-27 state fiscal year, the credits described in this subsection (2) continue only until such time as the total amount of penalties and fines collected pursuant to sections 25-7-511, 25-15-309, and 25-15-310 and credited to the rural housing and development asbestos and lead paint abatement fund equals two hundred thousand dollars. (b) This subsection (2) is repealed, effective June 30, 2027.

C.R.S. § 25-15-313 Right to claim reimbursement

25-15-313. Right to claim reimbursement. (1) A public entity, political subdivision of the state, or unit of local government is hereby given the right to claim reimbursement from the parties or persons responsible for the hazardous waste abandonment or hazardous waste spill for costs resulting from action taken to remove, contain, or otherwise mitigate the effects of a hazardous waste abandonment or hazardous waste spill. (2) As used in this section, "abandonment" means the act of leaving a thing with the intent not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving. (3) Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provision of law. (4) Claims for reimbursement made pursuant to this section shall be in accordance with article 22 of title 29, C.R.S.

C.R.S. § 25-15-314 Solid and hazardous waste commission funding

25-15-314. Solid and hazardous waste commission funding. (1) The commission is hereby authorized to promulgate rules regarding the following: (a) (I) The establishment of fees to offset the reasonable costs actually associated with the operations of the commission. Such fees may be imposed upon generators and transporters of hazardous wastes and upon facilities that treat, store, or dispose of hazardous wastes. Such fees may be based upon a consideration of the quantity of hazardous wastes that is generated, transported, treated, stored, or disposed and the impact on small businesses. The fees imposed by this subparagraph (I) shall not exceed an amount equal to one-half of the appropriation made by the general assembly annually pursuant to section 25-15-315. (II) In addition to the fees imposed pursuant to subparagraph (I) of this paragraph (a), an amount equal to one-half of the appropriation made by the general assembly annually pursuant to section 25-15-315 shall be appropriated from the solid waste management fund created in section 30-20-118, C.R.S., to be expended for the commission's direct and indirect costs pursuant to this article. (b) The establishment of a nominal filing fee to help defray reasonable administrative costs actually associated with processing petitions for interpretive rulings pursuant to sections 25-15-305 and 25-15-308. No filing fee established pursuant to the provisions of this paragraph (b) shall exceed one hundred dollars. (2) All moneys collected pursuant to this section by the commission shall be transmitted to the state treasurer, who shall credit the same to the solid and hazardous waste commission fund created pursuant to section 25-15-315.

C.R.S. § 25-15-315 Solid and hazardous waste commission fund - creation

25-15-315. Solid and hazardous waste commission fund - creation. There is hereby established in the state treasury a fund to be known as the solid and hazardous waste commission fund, which shall consist of moneys collected pursuant to section 25-15-314. All moneys in such fund shall be subject to annual appropriation by the general assembly to the department for the purpose of covering the reasonable costs actually associated with the operation of the solid and hazardous waste commission. All moneys in the solid and hazardous waste commission fund that are not appropriated shall remain in such fund and shall not be transferred or revert to the general fund at the end of any fiscal year. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the solid and hazardous waste commission fund shall be credited to the general fund.

C.R.S. § 25-15-316 Prior acts validated and rules continued

25-15-316. Prior acts validated and rules continued. (1) All acts, orders, and rules adopted by the state board of health under the authority of this article prior to August 1, 1992, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with this article, be deemed and held to be legal and valid in all respects, as though issued by the commission under the authority of this article. No provision of this part 3 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date. (2) All acts, orders, and rules adopted by the state board of health under the authority of part 1 of article 20 of title 30, C.R.S., prior to July 1, 2006, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with said provisions, be deemed and held to be legal and valid in all respects, as though issued by the commission under the authority of said provisions. No provision of this part 3 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.

C.R.S. § 25-15-317 Legislative declaration

25-15-317. Legislative declaration. The general assembly declares that it is in the public interest to ensure that environmental remediation projects protect human health and the environment. The general assembly finds that environmental remediation projects may leave residual contamination at levels that have been determined to be safe for a specific use, but not all uses, and may incorporate engineered structures that must be maintained or protected against damage to remain effective. The general assembly finds that in such cases, it is necessary to provide an effective and enforceable means of ensuring the conduct of any required maintenance, monitoring, or operation, and of restricting future uses of the land, including placing restrictions on drilling for or pumping groundwater for as long as any residual contamination remains hazardous. The general assembly, therefore, declares that it is in the public interest to create environmental covenants and notices of environmental use restrictions because such covenants and restrictive notices are necessary for the protection of human health and the environment.

C.R.S. § 25-15-318 Nature of environmental covenants

25-15-318. Nature of environmental covenants. (1) An environmental covenant shall be perpetual unless by its terms it is limited to a specific duration, unless the department approves a request to terminate or modify it pursuant to section 25-15-319 (1)(h), or unless it is terminated by a court of competent jurisdiction. An environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed or through adverse possession, nor may an environmental covenant be extinguished, limited, or impaired by reason of the doctrines of abandonment, waiver, lack of enforcement, or other common law principles relating to covenants, or by the exercise of eminent domain. (2) Notwithstanding any other provision of law, including any common-law requirement for privity of estate, an environmental covenant shall run with the land and shall bind the owner of the land, the owner's successors and assigns, and any person using the land. An environmental covenant shall not be deemed unenforceable on the basis of: (a) A lack of privity of contract; (b) A lack of benefit to a particular parcel of land; (c) Failure of the environmental covenant to expressly state that it runs with the land; or (d) Any other inconsistency with common-law requirements applicable to common-law covenants. (3) The requirements and restrictions of an environmental covenant are requirements under this part 3 but may only be enforced as provided in section 25-15-322. The creation of an environmental covenant does not trigger the application of any other requirement of this part 3. (4) The department shall not acquire any liability under state law by virtue of accepting an environmental covenant, nor shall any named beneficiary of an environmental covenant acquire any liability under state law by virtue of being such a beneficiary.

C.R.S. § 25-15-318.5 Nature of a notice of environmental use restrictions

25-15-318.5. Nature of a notice of environmental use restrictions. (1) A notice of environmental use restrictions is an agency action based on the state's police power. (2) A notice of environmental use restrictions is binding on current and subsequent owners of the affected land and any person using or possessing an interest in the land. (3) The requirements and restrictions contained in a notice of environmental use restrictions are requirements under this part 3, but may be enforced only as provided in section 25-15-322. The creation of a notice of environmental use restrictions does not trigger the application of any other requirement of this part 3.

C.R.S. § 25-15-319 Contents of environmental covenants and notices of environmental use restrictions

25-15-319. Contents of environmental covenants and notices of environmental use restrictions. (1) Environmental covenants and notices of environmental use restrictions shall include provisions regarding: (a) Duration and any conditions under which the environmental covenant or restrictive notice may be modified or terminated; (b) Any environmental use restrictions relied on in the remediation decision for the environmental remediation project for the subject property; (c) A requirement that the owner of the property subject to the environmental covenant or restrictive notice notify the department at least fifteen days in advance of any transfer of ownership of some or all of the real property subject to the environmental covenant or restrictive notice; (d) A requirement that the owner of the property notify the department simultaneously with submitting any application to a local government for a building permit or change in land use; (e) A requirement to allow the department right of entry at reasonable times with prior notice for the purpose of determining compliance with the terms of the environmental covenant or restrictive notice. Nothing in this section shall impair any other authority the department may otherwise have to enter and inspect property subject to the environmental covenant or restrictive notice. (f) (I) For environmental covenants, inclusion of the following statement on the first page of the instrument creating the environmental covenant in fifteen-point, bold-faced type: "This property is subject to an environmental covenant held by the Colorado department of public health and environment pursuant to section 25-15-321, Colorado Revised Statutes." (II) For restrictive notices, inclusion of the following statement on the first page of the restrictive notice in fifteen-point, bold-faced type: "This property is subject to a notice of environmental use restrictions imposed by the Colorado department of public health and environment pursuant to section 25-15-321.5, Colorado Revised Statutes." (g) A requirement to incorporate, either in full or by reference, the environmental covenant or restrictive notice in any leases, licenses, or other instruments granting a right to use the property that may be affected by the environmental covenant or restrictive notice; (h) Modification or termination of the environmental covenant or restrictive notice consistent with this subsection (1). The owner of land subject to an environmental covenant or restrictive notice may request that the department approve modification or termination of the covenant or restrictive notice. The request shall contain information showing that the proposed modification or termination shall, if implemented, ensure protection of human health and the environment. The department shall review any submitted information and may request additional information. If the department determines that the proposal to modify or terminate the environmental covenant or restrictive notice will ensure protection of human health and the environment, it shall approve the proposal. No modification or termination of an environmental covenant or restrictive notice shall be effective unless it has been approved in writing by the department. Information to support a request for modification or termination may include one or more of the following: (I) A proposal to perform additional remedial work; (II) New information regarding the risks posed by the residual contamination; (III) Information demonstrating that residual contamination has diminished; (IV) Information demonstrating that an engineered feature or structure is no longer necessary; (V) Information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and (VI) Other appropriate supporting information; and (i) Such other subjects as may be appropriate.

C.R.S. § 25-15-320 Environmental covenants - when required - waiver

25-15-320. Environmental covenants - when required - waiver. (1) No environmental covenant shall be required for any environmental remediation project that results in residual contamination levels that have been determined by the relevant regulatory agency to be safe for all uses and that does not incorporate any engineered feature or structure or require any monitoring, maintenance, or operation. (2) Except as specified in subsections (3) and (4) of this section, an environmental covenant under this part 3 shall be required for any environmental remediation project in which the relevant regulatory authority makes a remedial decision on or after July 1, 2001, that would result in either or both of the following: (a) Residual contamination at levels that have been determined to be safe for one or more specific uses, but not all uses; or (b) Incorporation of an engineered feature or structure that requires monitoring, maintenance, or operation or that will not function as intended if it is disturbed. (3) The department may waive the requirement for an environmental covenant in the following circumstances: (a) If the department determines that it is authorized under another statute or decision of the Colorado supreme court to implement and enforce environmental use restrictions against the present and subsequent owners of real property remediated pursuant to an environmental remediation project and implements environmental use restrictions under such statute or decision; or (b) For a parcel of land involved in an environmental remediation project that is owned by any person who is not being required to remediate the contamination, and: (I) The owner of any such parcel does not grant an environmental covenant under this section; (II) The county, city and county, or municipality having jurisdiction over the affected land has enacted an ordinance or resolution imposing the relevant environmental use restrictions; and (III) The county, city and county, or municipality having jurisdiction and the department have entered into an intergovernmental agreement for oversight and enforcement of the local ordinance or resolution pursuant to section 29-1-203, C.R.S. Such agreement shall be binding and mutually enforceable. The department shall have such authority as may be provided in the intergovernmental agreement to bring suit for injunctive relief to enforce any local ordinance or resolution described in this subsection (3), but only with respect to properties that are subject to the requirements of this section. Any intergovernmental agreement under this section shall require that, insofar as the local ordinance or resolution applies to properties that are subject to the requirements of this section, any amendments to the local ordinance or resolution shall incorporate such requirements as the department may recommend to ensure continued protection of human health and the environment. (4) (a) When an environmental covenant is required under subsection (2) of this section, a restrictive notice may be substituted for the covenant as follows: (I) An owner of a parcel of land involved in an environmental remediation project who is being required to remediate contamination may request that the department approve a proposed restrictive notice for such parcel or may request that the department issue a restrictive notice. (II) The department may unilaterally issue a restrictive notice containing the provisions described in section 25-15-319 when an environmental covenant is required under subsection (2) of this section and the owner of the subject property fails to create a covenant or restrictive notice within thirty days after: (A) The date of a remedial decision for an environmental remediation project that relies solely on environmental use restrictions to protect human health and the environment; or (B) The completion of construction work for environmental remediation projects that require physical work. and the owner of the subject property fails to create a covenant or restrictive notice within thirty days after: (A) The date of a remedial decision for an environmental remediation project that relies solely on environmental use restrictions to protect human health and the environment; or (B) The completion of construction work for environmental remediation projects that require physical work. (b) Prior to issuing a restrictive notice unilaterally under subparagraph (II) of paragraph (a) of this subsection (4), the department shall make a good-faith attempt to reach agreement with the owner of the subject property regarding a consensual covenant or notice. (c) The department may not issue a restrictive notice for a parcel of land involved in an environmental remediation project that is owned by a person who is not being required to remediate the contamination, unless such person consents in writing. (5) The department may accept environmental covenants or issue restrictive notices in cases where such covenants or notices are not required, including approvals of voluntary cleanup plans or petitions for no action determinations under sections 25-16-306 and 25-16-307, but the owner of the remediated land nonetheless desires to create such a covenant or requests that the department issue such a notice. A covenant or notice created under this subsection (5) may be enforced as any other covenant or notice.

C.R.S. § 25-15-321 Creation, modification, and termination of an environmental covenant

25-15-321. Creation, modification, and termination of an environmental covenant. (1) An environmental covenant under this part 3 may be created only by the owner of the property through a written grant to the department by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such a restriction under this article. (2) The department is authorized to accept, refuse to accept, conditionally accept, hold, modify, and terminate environmental covenants. (3) Instruments creating, modifying, or terminating an environmental covenant shall be recorded as any other instrument affecting title to and interests in real property. (4) If the only uses allowed under the proposed environmental covenant are prohibited by existing ordinance or resolution, the department shall condition its acceptance of the covenant upon the applicant's demonstration that such applicant has obtained approval from the relevant authority that would allow for one or more of the proposed uses. (5) Persons proposing to create, modify, or terminate an environmental covenant shall provide written notice of their intention to all persons holding an interest of record in the real property that will be subject to the environmental covenant, to all persons known to them to have an unrecorded interest in the property, and to all affected persons in possession of the property prior to such creation, modification, or termination, and shall provide the department with: (a) A copy of the notice provided; (b) A list of the persons to whom notice was given and the address or other location to which the notice was directed; and (c) Such title information as the department may require. (6) The department shall review and make a determination regarding all applications for creating, modifying, or terminating an environmental covenant within sixty days after receipt of such application, including the information described in subsection (5) of this section. (7) Any determination by the department regarding a proposal to create, modify, or terminate an environmental covenant shall be subject to appeal in accordance with section 25-15-305.

C.R.S. § 25-15-321.5 Notice of environmental use restrictions - creation, modification, and termination

25-15-321.5. Notice of environmental use restrictions - creation, modification, and termination. (1) A person who proposes to create, modify, or terminate a restrictive notice shall provide written notice of the person's intention to all persons holding an interest of record in the real property that will be subject to the restrictive notice, to all persons known to the person to have an unrecorded interest in the property, and to all affected persons in possession of the property prior to such creation, modification, or termination and shall provide the department with: (a) A copy of the notice provided; (b) A list of the persons to whom notice was given and the address or other location to which the notice was directed; and (c) Such title information as the department may require. (2) Before issuing a notice of environmental use restrictions unilaterally, the department shall provide a copy of the proposed restrictive notice to all persons holding an interest of record in the real property that will be subject to the restrictive notice, all persons known to the department to have an unrecorded interest in such property, and all affected persons in possession of such property, and shall offer such persons a minimum of thirty days to comment on the proposed restrictive notice, unless notice has already been provided pursuant to subsection (1) of this section. In determining whether to issue the restrictive notice unilaterally, the department shall consider any comments received. (3) The department shall review and make a determination regarding all requests to create, modify, or terminate a restrictive notice within sixty days after receipt of such request, including the information described in subsection (1) of this section. (4) Upon issuance or approval of the restrictive notice, the department shall record the restrictive notice in the clerk and recorder's office for the county or counties in which the affected land is situated. For approved restrictive notices, the department may allow the owner of the property to record the notice. No person may record a restrictive notice that does not have the department's written approval. (5) The department may authorize any notice of environmental use restrictions created in accordance with this section to be replaced by an environmental covenant as described in section 25-15-319. The department may condition its authorization and approval of the termination of the notice of environmental use restrictions on the prior creation, department approval and acceptance, and effective recording of the environmental covenant. (6) Modifications or terminations of restrictive notices shall be recorded as provided in subsection (4) of this section. No person may record a modification or termination of a restrictive notice that does not have the department's written approval. (7) Any determination by the department to issue, approve, modify, or terminate a notice of environmental use restrictions shall be subject to appeal in accordance with section 25-15-305.

C.R.S. § 25-15-322 Enforcement - remedies

25-15-322. Enforcement - remedies. (1) An environmental covenant or restrictive notice imposed at any environmental remediation project shall be enforceable as provided in this section, even if the environmental remediation project is not otherwise subject to this part 3. (2) In the event of an actual or threatened failure to comply with an environmental covenant or restrictive notice, the department may issue an order under this section requiring compliance with the terms of the environmental covenant or restrictive notice and may request the attorney general to bring suit in district court to enforce the terms of the environmental covenant or restrictive notice, to enforce the order issued pursuant to this section, or to seek other appropriate injunctive relief. An administrative order issued under this subsection (2) shall be subject to appeal in accordance with section 25-15-308. (3) If a court of competent jurisdiction determines that an environmental covenant or restrictive notice is void or otherwise unenforceable, the department may take such action as may be authorized by any other law. (4) The grantor of an environmental covenant may file suit in district court to enjoin actual or threatened violations of the covenant. Any third-party beneficiary specifically named in an environmental covenant or restrictive notice may file suit in district court to enjoin actual or threatened violations of the covenant or restrictive notice. The person who requested creation of a restrictive notice may file suit in district court to enjoin actual or threatened violations of the restrictive notice. (5) An affected local government, as defined in section 25-15-324, may file suit in district court to enjoin actual or threatened violations of any environmental covenant or restrictive notice that applies to land within its jurisdiction. (6) (Deleted by amendment, L. 2008, p. 174, § 9, effective March 24, 2008.) (7) A court of competent jurisdiction is authorized to issue orders requiring compliance with an environmental covenant or restrictive notice, to enjoin actual or threatened violations of environmental covenants or restrictive notices, and to grant such other injunctive relief as it may deem appropriate.

C.R.S. § 25-15-323 Registry of environmental covenants and notices of environmental use restrictions

25-15-323. Registry of environmental covenants and notices of environmental use restrictions. The department shall create and maintain a registry of all environmental covenants and notices of environmental use restrictions, including any modification or termination thereof.

C.R.S. § 25-15-324 Coordination with affected local governments

25-15-324. Coordination with affected local governments. (1) For purposes of this part 3, "affected local government" means every county, city and county, or municipality in which land subject to an environmental covenant or restrictive notice is located. The department shall provide each affected local government with a copy of every environmental covenant and restrictive notice within such local government's jurisdiction and shall also provide a copy of any documents modifying or terminating such environmental covenant or restrictive notice. (2) Whenever an affected local government receives an application affecting land use or development of land that is subject to an environmental covenant or restrictive notice and that may relate to or impact such covenant or restrictive notice, the affected local government shall notify the department of the application. The department shall evaluate whether the application is consistent with the environmental covenant or restrictive notice and shall notify the affected local government of the department's determination in a timely fashion, considering the time frame for the local government's review of the application.

C.R.S. § 25-15-325 Other interests not impaired

25-15-325. Other interests not impaired. Except as specifically provided in an environmental covenant or restrictive notice or pursuant to section 25-15-326, no transfer of a water right or any change of a point of diversion at any time, nor any interest in real property cognizable under statute, common law, or custom in effect in this state prior to July 1, 2001, nor any lease or sublease thereof at any time shall be impaired, invalidated, or in any way adversely affected by sections 25-15-317 to 25-15-326. All interests not transferred or conveyed in the environmental covenant shall remain in the grantor of the environmental covenant, including the right to engage in all uses of the lands affected by the environmental covenant that are not inconsistent with the environmental covenant and not expressly prohibited by the environmental covenant or by law.

C.R.S. § 25-15-326 Validation

25-15-326. Validation. (1) Any document recorded by the owner of real property that restricts or requires certain uses or activities relating to such real property, including any restrictions on drilling for or pumping groundwater, to protect human health or the environment by limiting exposure to hazardous substances or by ensuring the integrity of a response action, shall be considered valid and enforceable by its terms, regardless of whether such document is denominated an easement, covenant, deed restriction, or some other instrument. (2) The provisions of subsection (1) of this section shall apply only to: (a) Documents that were required as part of an environmental remediation decision that was rendered prior to July 1, 2001; and (b) Documents recorded in connection with a voluntary cleanup plan approved under section 25-16-306 or petition for a no action determination approved under section 25-16-307. (3) Nothing in this section shall impair the validity or enforceability of an environmental covenant created under section 25-15-321.

C.R.S. § 25-15-327 Applicability

25-15-327. Applicability. The requirements of section 25-15-320 apply to remedial decisions made on or after July 1, 2001, that would create one or more of the conditions described in section 25-15-320 (2).

C.R.S. § 25-15-328 Household medication take-back program - creation - collection and disposal of medication injection devices - liability - definitions - cash fund - rules

25-15-328. Household medication take-back program - creation - collection and disposal of medication injection devices - liability - definitions - cash fund - rules. (1) (a) The general assembly finds and declares that prescription drug misuse is a rampant problem in Colorado, in part due to the accidental and intentional abuse of leftover household medications. The general assembly further declares that citizen access to a disposal location to return unused household medications will reduce the availability of household medications for unintended or abusive purposes and will further protect the environment through proper disposal. (b) It is the intent of the general assembly to establish a household medication take-back program to facilitate the safe and effective collection and proper disposal of unused medications. (2) As used in this section: (a) "Approved collection site" means a site approved by the department for the collection of unused household medications. (b) "Carrier" means an entity approved by the department to transport unused household medications from approved collection sites to a disposal location. (c) "Disposal location" means a site approved by the department where unused household medications are destroyed in compliance with applicable laws so that the household medications are in a nonretrievable state and cannot be diverted for illicit purposes. (d) "Household medications" means controlled substances approved for collection by federal law, prescription drugs, and over-the-counter medications in the possession of an individual. (3) (a) Subject to available funds, the executive director of the department shall establish a household medication take-back program to collect and dispose of unused household medications. The program must allow for individuals to dispose of unused household medications at approved collection sites and for carriers to transport unused household medications from approved collection sites to disposal locations. (b) Starting in the 2020-21 fiscal year, the executive director of the department shall use the money appropriated to the department pursuant to subsection (5)(b) of this section to implement a process for the safe collection and disposal of needles, syringes, and other devices used to inject medication. The executive director of the department shall determine the processes and locations for the safe collection and disposal of medication injection devices. (4) A collection site, carrier, or disposal location is not subject to liability for incidents arising from the collection, transport, or disposal of household medications if the collection site, carrier, or disposal location complies with the household medication take-back program in good faith and does not violate any applicable laws. (5) (a) The household medication take-back cash fund is created in the state treasury for the direct and indirect costs associated with the implementation of this section. The fund consists of money appropriated or transferred to the fund by the general assembly and any gifts, grants, and donations from any public or private entity. The department shall transmit gifts, grants, and donations collected by the department to the state treasurer, who shall credit the money to the fund. The money in the fund is subject to annual appropriation by the general assembly. (b) For the 2020-21 fiscal year and each year thereafter, the general assembly shall appropriate money from the general fund to the department for the purpose of expanding the household medication take-back program to include the safe collection and disposal of medication injection devices pursuant to subsection (3)(b) of this section. (6) Nothing in this section: (a) Affects the authority to collect and reuse medications pursuant to section 12-280-135; or general assembly shall appropriate money from the general fund to the department for the purpose of expanding the household medication take-back program to include the safe collection and disposal of medication injection devices pursuant to subsection (3)(b) of this section. (6) Nothing in this section: (a) Affects the authority to collect and reuse medications pursuant to section 12-280-135; or (b) Prohibits the operation of existing medication take-back and disposal programs regulated by the department. (7) The commission may promulgate rules for the implementation of this section.

C.R.S. § 25-15-401 Legislative declaration

25-15-401. Legislative declaration. (1) The general assembly hereby finds that there is a need for more clarity and uniformity regarding the definition of infectious waste and in the requirements for the handling, treatment, and disposal thereof and that the absence of such clarity and the inappropriate designation of general waste as infectious waste will result in further substantial and unnecessary costs, disparity, and confusion in the management of infectious waste, ultimately affecting many business and residential operations and facilities, including the operations and quality of care rendered by health-care providers. (2) For the purposes set forth in subsection (1) of this section, the provisions of this part 4 are enacted as a matter of statewide concern. The provisions of this part 4 shall not apply to infectious waste which is also deemed to be hazardous waste pursuant to section 25-15-101 (6), nor shall infectious waste be deemed hazardous waste solely because it is characterized as infectious waste. (3) The general assembly further finds that, because of the nature of infectious waste and the manner of its designation as provided in this part 4 and because this part 4 recommends portions of the guidelines of the United States environmental protection agency, no rules or regulations governing the generators of infectious waste are necessary for nor shall be applicable to the implementation of this part 4. This limitation shall not be construed to limit any other rule-making which is permitted under other authorizing statutes.

C.R.S. § 25-15-402 Infectious waste - definitions

25-15-402. Infectious waste - definitions. (1) For the purposes of this part 4 and statewide applicability: (a) "Infectious waste" means waste capable of producing an infectious disease and requires the consideration of certain factors necessary for induction of disease. These factors include: (I) Presence of a pathogen of sufficient virulence; (II) Dose; (III) Portal of entry; (IV) Resistance of host. (b) For a waste to be infectious, it must contain pathogens with sufficient virulence and quantity so that exposure to the waste by a susceptible host could result in disease. All the factors specified in paragraph (a) of this subsection (1) must be present simultaneously for disease transmission to occur and must be present in a manner which constitutes a substantial risk of infection to humans. (2) (a) Infectious waste shall be designated as such by the generator in accordance with this part 4. Such designation shall not be based solely upon any source or type of waste but shall be based upon the factors specified in subsection (1) of this section. (b) It is recommended by the general assembly that the following categories of waste, as published in the "EPA Guide for Infectious Waste Management", May 1986, by the United States environmental protection agency, be designated as infectious: (I) Isolation wastes from persons diagnosed as having a disease caused by an organism requiring, pursuant to recommendations by the centers for disease control in the 1988 publication "Biosafety in the Microbiological and Biomedical Laboratory" (second edition), biosafety level IV containment; (II) Cultures and stocks of infectious agents and associated biologicals; (III) Human blood and blood products and body fluids consisting of serum, plasma and other blood components, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic fluid; (IV) Human pathological/anatomical waste consisting of tissues and body parts that are discarded from surgical, obstetrical, autopsy, and laboratory procedures; (V) Contaminated sharps; (VI) Contaminated laboratory or research animal carcasses, body parts, and bedding.

C.R.S. § 25-15-402.5 Disposition of fetal tissue

25-15-402.5. Disposition of fetal tissue. (1) As used in this section, unless the context otherwise requires, "fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. (2) Nothing in this part 4 shall be deemed to prohibit the treatment of the remains from a fetal death pursuant to article 135 of title 12.

C.R.S. § 25-15-403 Generator management plan

25-15-403. Generator management plan. (1) Each generator of infectious waste shall develop and implement an on-site infectious waste management plan which is appropriate for the particular facility. Such plan shall include: (a) The designation of infectious waste generated by the facility; (b) The handling of infectious waste which includes segregation, identification, packaging, storage, transportation, treatment techniques for each waste type, if applicable, and disposal; (c) Contingency planning for spills or loss of containment; (d) Staff training and the designation of a person responsible for implementation of the management plan; (e) If on-site treatment is not available, the management plan shall provide for appropriate off-site treatment or disposal. (2) The management plan, including the documentation provided in section 25-15-404 (2), shall be available for inspection to the hauler of any waste, to the disposal facility, and to the licensing or regulatory agency, if applicable, of the generator.

C.R.S. § 25-15-404 On-site disinfection

25-15-404. On-site disinfection. (1) Any infectious waste which has been appropriately treated at the site of generation by the generator so as to render it noninfectious shall not thereafter be deemed infectious for purposes of handling or disposal. (2) Appropriate treatment shall include any method of treatment which renders the infectious waste noninfectious. Use of a treatment method recommended by the United States environmental protection agency, as published in the "EPA Guide for Infectious Waste Management", May 1986, shall be conclusively presumed to be an appropriate treatment method. Any method of treatment shall include: (a) Documentation by the generator that the method of treatment utilized for his operation is effective in rendering infectious waste noninfectious in such operation; (b) Written standard operating procedures for the use of or implementation of the treatment method; (c) Regular monitoring of the standard operating procedures and the effectiveness of such disinfective method. (3) Upon request of the chairman of either the senate or house of representatives committees on health, environment, welfare, and institutions, or any successor committees, the department of public health and environment shall make a report to the senate and house of representatives committees on health, environment, welfare, and institutions, or any successor committees, on the current status, in view of scientific knowledge and technology, of the recommendations contained in the "EPA Guide for Infectious Waste Management", May 1986, and may make any additional recommendations it deems necessary.

C.R.S. § 25-15-405 Appropriate treatment and disposal - nonliability

25-15-405. Appropriate treatment and disposal - nonliability. (1) A generator of infectious waste using an appropriate treatment method with appropriate documentation as provided in section 25-15-404 (2) and, in good faith, utilizing disposal facilities for such waste shall not be civilly or criminally liable for injuries or damages allegedly resulting from the infectious character of such waste; except that any generator who does not use an appropriate treatment method or any generator who fails to utilize disposal facilities in good faith shall not be relieved of civil or criminal liability. (2) When any infectious waste has been appropriately treated, the generator shall either identify it as such or provide the hauler and disposal facility with a written statement that its general waste includes infectious waste which has been appropriately treated to render it noninfectious.

C.R.S. § 25-15-406 Penalty

25-15-406. Penalty. (1) (a) Any generator who knowingly removes, causes to be removed, or allows to be removed from the site of generation any infectious waste which he knew was not appropriately treated and not identified as untreated when such infectious waste was so removed from the site of generation shall be subject to the civil penalties set forth in paragraph (b) of this subsection (1). (b) Upon conviction of a first offense, a generator shall be subject to a civil penalty of not more than three thousand dollars per day for each day of violation, not to exceed fifteen thousand dollars. Upon conviction of a second or subsequent offense which occurs within five years of a previous conviction, a generator shall be subject to a civil penalty of three thousand dollars per day for each day of violation, not to exceed twenty-five thousand dollars. (2) (a) Any person who knowingly hauls untreated infectious waste and recklessly spills or loses such waste or knowingly disposes of such waste at an unlawful site or disposal or treatment facility shall be subject to the civil penalties set forth in paragraph (b) of this subsection (2). (b) Upon conviction of a first offense, a person shall be subject to a civil penalty of not more than three thousand dollars per day for each day of violation, not to exceed fifteen thousand dollars. Upon conviction of a second or subsequent offense which occurs within five years of a previous conviction, a person shall be subject to a civil penalty of three thousand dollars per day, not to exceed twenty-five thousand dollars. (3) All civil penalties set forth in this section shall be determined by a court of competent jurisdiction upon action instituted by the department of public health and environment.

C.R.S. § 25-15-407 Presumption of noninfectiousness

25-15-407. Presumption of noninfectiousness. It is conclusively presumed that any infectious waste which has been appropriately treated and documented in section 25-15-404 (2) either on the site or off the site is not infectious after it has been so treated.

C.R.S. § 25-15-501 Short title

25-15-501. Short title. This part 5 shall be known and may be cited as the "State Hazardous Waste Incinerator or Processor Siting Act".

C.R.S. § 25-15-502 Definitions

25-15-502. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Existing hazardous waste incinerator" means a hazardous waste incinerator that was in active operation, as authorized by applicable federal and state laws and regulations, on or before August 21, 1991. (1.5) "Existing hazardous waste processor" means a hazardous waste processing facility that was in active operation, regardless of the amount of hazardous waste treated annually, as authorized by applicable federal and state laws and rules, on or before March 22, 2002. (2) "Governing body having jurisdiction" means the board of county commissioners if a hazardous waste incinerator or processor site is located in any unincorporated portion of a county and means the governing body of the appropriate municipality if a hazardous waste incinerator or processor site is located within an incorporated area. (3) (a) "Hazardous waste incinerator" means: (I) Any hazardous waste incinerator as defined in regulations of the commission promulgated pursuant to section 25-15-302; or (II) Any boiler or industrial furnace that burns hazardous waste, as defined in subpart B of part 260 of title 40, code of federal regulations, as from time to time amended, until such time as the commission, pursuant to section 25-15-302, promulgates a definition of boiler or industrial furnace, at which time such state definition shall operate in lieu of the foregoing federal definition. Such term shall include, but is not limited to, any cement kiln, lime kiln, aggregate kiln, or blast furnace. (b) The term "hazardous waste incinerator" excludes any facility for incineration of a hazardous waste performing on-site remediation pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980". (4) (a) "Hazardous waste processing" means both of the following, except as provided in paragraph (b) of this subsection (4): (I) Any treatment method, technique, or process designed to change the physical, chemical, or biological character or composition of acute hazardous waste, as defined in rules of the commission promulgated pursuant to part 3 of this article, in order to neutralize such waste, reduce the volume of such waste, or render such waste less hazardous, safer for transport, amenable to recovery or use, or amenable to storage; and (II) Any acute hazardous waste processing, as defined in rules of the commission promulgated pursuant to section 25-15-302. (b) "Hazardous waste processing" does not include: (I) The treatment of less than one thousand kilograms of acute hazardous waste per year; (II) The treatment, storage, or disposal of hazardous waste pursuant to a certificate of designation issued under, or otherwise regulated by, part 2 of this article; (III) The processing of hazardous waste that is not listed as acute hazardous waste in rules of the commission promulgated pursuant to part 3 of this article; (IV) The processing of any hazardous waste pursuant to any record of decision, consent decree, or administrative order authorized by or made pursuant to applicable federal or state laws and rules, as amended or revised, or any record of decision issued pursuant to a periodic revision of a record of decision that was made on or before March 22, 2002; (V) The performance of on-site processing or treatment of hazardous waste associated with efforts to clean up contaminated soil, groundwater, or surface water pursuant to federal or state environmental laws; (VI) The processing of hazardous waste incidental to commercial manufacturing; (VII) The treatment, storage, management, or processing of solid waste pursuant to a certificate of designation issued under article 20 of title 30, C.R.S.; (VIII) The conduct of any activities pursuant to an approved reclamation plan contained in a permit issued under, or otherwise regulated by, article 32 or 33 of title 34, C.R.S.; or of hazardous waste incidental to commercial manufacturing; (VII) The treatment, storage, management, or processing of solid waste pursuant to a certificate of designation issued under article 20 of title 30, C.R.S.; (VIII) The conduct of any activities pursuant to an approved reclamation plan contained in a permit issued under, or otherwise regulated by, article 32 or 33 of title 34, C.R.S.; or (IX) The conduct of any activities regulated under article 60 of title 34, C.R.S. (5) "Hazardous waste processor" means a facility that engages in hazardous waste processing subject to the requirement for a part B permit or interim status under rules of the commission promulgated pursuant to section 25-15-302. (6) "Hazardous waste processor site" means a location where hazardous waste is: (a) Processed; or (b) Generated or stored by the owner of a hazardous waste processor or by an affiliate or customer of a hazardous waste processor who produces hazardous waste.

C.R.S. § 25-15-503 Certificate required - incineration or processing of hazardous waste prohibited - exceptions

25-15-503. Certificate required - incineration or processing of hazardous waste prohibited - exceptions. (1) Any person desiring to own or operate a hazardous waste incinerator or processor shall first obtain a certificate of designation from the governing body having jurisdiction over the area in which such proposed hazardous waste incinerator or processor site is located. (2) Hazardous waste incineration or processing by any person is prohibited except on or at a hazardous waste incinerator or processor site for which a certificate of designation has been obtained as provided in this part 5. (3) Notwithstanding the provisions of subsections (1) and (2) of this section and section 25-15-507, any existing hazardous waste incinerator or processor shall be an approved activity for which obtaining a certificate of designation under the provisions of this part 5 shall be unnecessary.

C.R.S. § 25-15-504 Application for certificate - review by governing body

25-15-504. Application for certificate - review by governing body. (1) Any person desiring to own or operate a hazardous waste incinerator or processor shall make application to the governing body having jurisdiction over the area in which such incinerator, incinerator site, processor, or processor site is or is proposed to be located for a certificate of designation. (2) An application made pursuant to the provisions of subsection (1) of this section shall be accompanied by a fee to be established by the governing body having jurisdiction. Such fee shall be based on the reasonable anticipated costs that may be incurred by such governing body in the application review and approval process imposed by this article. Such fee shall be for the reasonable costs necessary in the application review and hearing process imposed by this article and shall not exceed one hundred thousand dollars. The local governing body having jurisdiction shall provide an accounting of the actual costs incurred by such body in the application review and hearing process and shall refund any payment in excess of such costs within ninety days after completion of the certification process. (3) An application made pursuant to the provisions of subsection (1) of this section shall set forth the location of the incinerator or processor site and incinerator or processor, the types of hazardous waste to be accepted or rejected, the types of incinerator or processor by-product disposal, the method of supervision, the anticipated access routes in the county in which the site is located, and such other information as may be required by the governing body having jurisdiction. (4) The clerk of the governing body having jurisdiction shall promptly notify the county commissioners and the governing body of any other county or municipality within twenty miles of a proposed hazardous waste incinerator or processor upon the filing of any application for a certificate of designation for such incinerator, processor, or site.

C.R.S. § 25-15-505 Grounds for approval

25-15-505. Grounds for approval. (1) A governing body having jurisdiction shall approve or disapprove an application for a hazardous waste incinerator or processor site certificate of designation within one hundred eighty days after receiving such application. Such governing body having jurisdiction may approve an application for a certificate of designation upon a finding of all of the following factors: (a) That the proposed hazardous waste incinerator or processor site would not pose a significant threat to the health or safety of the public or the environment, taking into consideration: (I) The density of population in the areas neighboring such proposed site; (II) The density of population in the areas that are adjacent to any portion of delivery roads to such proposed site and that lie within a fifty-mile radius of such proposed site; and (III) The risk of accidents occurring during the transportation of waste to or at the proposed site; (b) That the applicant has documented such applicant's financial ability to operate the proposed hazardous waste incinerator or processor; (c) That the applicant, taking into account such applicant's prior performance records, if any, in the treatment, storage, disposal, processing, or incineration of hazardous waste, has documented sufficient reliability, expertise, and competency to operate and manage the proposed hazardous waste incinerator or processor; and (d) That the proposed site conforms to the comprehensive land use plans and relevant land use regulations of the governing body having jurisdiction; except that, to the extent the commission has promulgated a rule imposing a condition on incinerator or processor operation pursuant to section 25-15-302, such comprehensive land use plans and rules shall not impose a condition more stringent than that contained in such state rule. (2) In considering an application for a proposed hazardous waste incinerator or processor, the governing body having jurisdiction shall take into account the effect that such hazardous waste incinerator or processor will have on the surrounding property, taking into consideration the types of processing to be used, wind and climatic conditions, and both the quality and quantity of public and private infrastructure necessary to facilitate the construction and subsequent operation of such incinerator, processor, or site. (3) (a) Prior to the issuance of a certificate of designation for a hazardous waste incinerator or processor, the application, comprehensive land use plans, any relevant zoning ordinances, and any other pertinent information shall be presented to the governing body having jurisdiction at a public hearing to be held after notice. Such notice shall contain the date, time, and location of the hearing and shall state that the matter to be considered at such hearing is the applicant's application for a hazardous waste incinerator or processor. Such notice shall be published in a newspaper having general circulation in the county or municipality in which the proposed hazardous waste incinerator or processor site is located at least ten days but no more than thirty days prior to the date of such hearing. Any such notice shall be printed prominently in at least ten-point, bold-faced type. Such notice shall be posted at the proposed hazardous waste incinerator or processor site for a period beginning at least thirty days before such public hearing and continuing through the date of such hearing. ocessor site is located at least ten days but no more than thirty days prior to the date of such hearing. Any such notice shall be printed prominently in at least ten-point, bold-faced type. Such notice shall be posted at the proposed hazardous waste incinerator or processor site for a period beginning at least thirty days before such public hearing and continuing through the date of such hearing. (b) At any public hearing held pursuant to the provisions of paragraph (a) of this subsection (3), the governing body having jurisdiction shall hear or receive any written or oral testimony presented by the applicant and by governmental entities and residents or any interested party concerning such proposed incinerator or processor site. All such testimony shall be considered by the governing body having jurisdiction in making a decision concerning such application. (4) The governing body having jurisdiction shall notify the department of the approval or disapproval of any application for a hazardous waste incinerator or processor certificate of designation within five days after such approval or disapproval. (5) The governing body having jurisdiction over a hazardous waste incinerator or processor may enact local procedural rules in order to implement the provisions of this part 5. If a local procedural rule conflicts with any of the provisions of this article, the provisions of this article shall control.

C.R.S. § 25-15-506 Certificate

25-15-506. Certificate. (1) A certificate of designation for a hazardous waste incinerator or processor site shall identify the general types of waste that shall be incinerated or processed and the types of waste that shall be rejected by such hazardous waste incinerator or processor site, subject to a more specific statement of waste to be rejected in the hazardous waste permit issued pursuant to part 3 of this article or the federal act. (2) Such certificate of designation shall be displayed in a prominent place at the hazardous waste incinerator or processor site. (3) Such certificate of designation may provide such conditions as may reasonably be necessary for the safe operation of such site. Such conditions may include but are not limited to the provision by the site owner or operator of additional fire protection, security, or trained personnel for monitoring, inspections, and incident responses. (4) A certificate of designation issued pursuant to this part 5 shall be deemed to satisfy any requirement imposed by part 1 of article 20 of title 30, C.R.S., for a certificate of designation as a solid wastes disposal site and facility.

C.R.S. § 25-15-507 Substantial change in ownership, design, or operation

25-15-507. Substantial change in ownership, design, or operation. (1) Any substantial change in the ownership of a hazardous waste incinerator or processor, including but not limited to an assignment or a transfer of the certificate of designation, or in the design or operation of a hazardous waste incinerator, incinerator site, processor, or processor site shall be submitted to the governing body having jurisdiction for its approval. Approval by the governing body having jurisdiction shall be required before such a substantial change may become effective. For the purposes of this section, "substantial change" shall have such meaning as is provided for such term in the rules of the commission promulgated pursuant to section 25-15-510. (2) Except as provided in subsection (3) of this section, approval of a substantial change under this section shall be made if the governing body having jurisdiction finds all of the factors required by the provisions of section 25-15-505 (1) and has considered the factor provided in section 25-15-505 (2). (3) A substantial change involving only a change in ownership, including an assignment or transfer of the certificate of designation, shall be made if the governing body having jurisdiction finds the factors required in section 25-15-505 (1)(b) and (1)(c). (4) An application for approval of a substantial change under this section shall be accompanied by a fee established by the governing body having jurisdiction, which fee shall not exceed ten thousand dollars and which fee may be refunded in whole or in part.

C.R.S. § 25-15-508 Revocation or suspension of certificate

25-15-508. Revocation or suspension of certificate. (1) A governing body having jurisdiction that has granted a certificate of designation for a hazardous waste incinerator or processor may revoke or suspend such certificate of designation if such governing body having jurisdiction finds that: (a) There was a material misrepresentation or misstatement of fact in the application for such certificate of designation; (b) Such hazardous waste incinerator or processor is not being operated in substantial compliance with any term, condition, or limitation of its certificate of designation or any applicable rule adopted pursuant to this part 5; or (c) The owner or operator of such hazardous waste incinerator or processor has failed to pay the annual fee to the governing body having jurisdiction as required by the provisions of section 25-15-515 (1). (2) The revocation or suspension of a certificate of designation shall not relieve the owner or operator of the hazardous waste incinerator or processor from any legal liability.

C.R.S. § 25-15-509 Judicial review

25-15-509. Judicial review. The award, denial, revocation, or suspension of a certificate of designation by the governing body having jurisdiction shall be subject to judicial review in the district court for the judicial district in which the hazardous waste incinerator or processor is located or is proposed to be located. Any request for such judicial review shall be made within thirty days after such award, denial, revocation, or suspension. If the court finds that the governing body having jurisdiction has acted reasonably and in accordance with the procedures and procedural limitations of this part 5, the court shall affirm the action of the governing body having jurisdiction. If the court finds that the action is arbitrary and capricious, not in accord with the procedures or procedural limitations of this part 5, unsupported by substantial evidence when the record is considered as a whole, or otherwise contrary to law, then the court shall hold unlawful and set aside the action and shall remand the case to the governing body having jurisdiction for further proceedings as appropriate.

C.R.S. § 25-15-510 Rules - limitations

25-15-510. Rules - limitations. (1) The commission may promulgate rules establishing what constitutes a substantial change in ownership, design, or operation of a hazardous waste incinerator or processor under the provisions of section 25-15-507. (2) The regulations promulgated by the commission pursuant to this section shall be based upon generally accepted scientific data.

C.R.S. § 25-15-511 List of hazardous wastes - final inventory

25-15-511. List of hazardous wastes - final inventory. The operator of any hazardous waste incinerator or processor site shall maintain a list of the hazardous wastes accepted for incineration or processing at such site. Such list shall indicate the types of hazardous waste accepted for incineration or processing at such hazardous waste incinerator or processor and the location of such waste. A copy of such list shall be provided to any person upon request and upon payment of a reasonable charge for the costs of the reproduction of such list. Upon the closure of a hazardous waste incinerator or processor site, a final inventory of hazardous wastes shall be prepared and filed with the department. The department shall make any such final inventory available for public inspection and copying at reasonable cost.

C.R.S. § 25-15-512 Inspections of hazardous waste incinerator or processor sites

25-15-512. Inspections of hazardous waste incinerator or processor sites. (1) The department shall conduct inspections of each hazardous waste incinerator or processor site at intervals determined by rules of the commission based upon the volume and toxicity of the wastes being received at such site. Such inspections shall include, but are not limited to, inspections conducted during the reception of hazardous wastes, during the incineration of hazardous wastes, during the processing of hazardous wastes, and during the shipment of incineration or processing by-products. The department shall be permitted reasonable access to all operations at any hazardous waste incinerator or processor site for the purpose of monitoring and inspecting such operations. Unless an emergency exists at such site, or unless the department has reason to believe that unlawful activity is being conducted or will be conducted at such site, the department shall provide prior notification of the inspection and shall conduct such inspection during normal business hours. (2) The governing body having jurisdiction over any hazardous waste incinerator or processor site or the governing body of any other county or municipality having jurisdiction over such site pursuant to an intergovernmental agreement shall have physical and structural access to such site during the operating hours of such site for the purpose of periodic inspections by the agents of such governing body.

C.R.S. § 25-15-513 Violation - criminal penalty

25-15-513. Violation - criminal penalty. Any person who violates any provision of this part 5 commits a petty offense and shall be punished as provided in section 18-1.3-503.

C.R.S. § 25-15-514 Violation - civil penalty - reimbursement of costs

25-15-514. Violation - civil penalty - reimbursement of costs. (1) Any person who violates any provision of this part 5 shall be subject to a civil penalty of not more than ten thousand dollars per day of violation. Such penalty shall be determined and collected by the district court for the judicial district in which such violation occurs upon action instituted by the department or the governing body having jurisdiction. In determining the amount of any such penalty, the court shall take into account the seriousness of the violation, whether the violation was willful or due to mistake, the economic impact of the penalty on the violator, and any other relevant factors. All penalties collected pursuant to this section shall be transmitted to the state treasurer, who shall credit fifty percent of such moneys to the general fund and shall transmit the remaining fifty percent of such moneys to the governing body having jurisdiction. (2) If the violation of the provisions of this part 5 for which a penalty has been assessed and paid into the general fund pursuant to the provisions of subsection (1) of this section results in a county, municipality, or other local government incurring costs to remove, contain, or otherwise mitigate the effects of the hazardous waste which was involved in the violation, such local government shall be entitled to reimbursement for such costs. A local government requesting reimbursement of such costs shall file a claim for reimbursement with the state treasurer. The state treasurer shall make reimbursements out of any funds attributable to the civil penalty imposed for such violation pursuant to the provisions of subsection (1) of this section.

C.R.S. § 25-15-515 Annual fees - commercial hazardous waste incinerator or processor funds

25-15-515. Annual fees - commercial hazardous waste incinerator or processor funds. (1) (a) The owner or operator of any hazardous waste incinerator or processor for which a certificate of designation has been issued pursuant to this article shall be required, contingent upon the issuance of federal or state permits, to pay the governing body having jurisdiction an annual fee for the purpose of offsetting the estimated direct costs necessitated by such hazardous waste incinerator or processor. The governing body having jurisdiction shall provide the owner or operator of such hazardous waste incinerator or processor with an accounting of the basis of such fees. Such costs may include but are not limited to the improvement and maintenance of roads and bridges; fire protection; law enforcement; monitoring by county or municipal health officials pursuant to the requirements of state law, rules, and the certificate of designation; and emergency preparation and response. The amount of such fee shall be no more than the greater of two percent of the annual estimated operating cost of or the annual estimated gross revenue received for the incineration or processing of hazardous wastes by the hazardous waste incinerator or processor. The governing body having jurisdiction may provide reimbursement out of such fee moneys to other governmental units for the reasonable direct costs to such governmental units of increased services necessitated by such hazardous waste incinerator or processor. (b) In lieu of the annual fees imposed under paragraph (a) of this subsection (1), the governing body may request that the owner or operator of any hazardous waste incinerator or processor site make a lump-sum payment covering the total amount of fees imposed under this section. Such lump sum payment shall not be made unless the governing body having jurisdiction and the owner or operator of a hazardous waste incinerator or processor agree to such payment. (2) In the event that the owner or operator of a hazardous waste incinerator or processor site fails to pay the annual fee imposed pursuant to the provisions of subsection (1) of this section, the governing body having jurisdiction may suspend the certificate of designation for such site until such annual fee has been paid. (3) Any governing body having jurisdiction is authorized to establish a hazardous waste incinerator or processor fund. All fees collected pursuant to subsection (1) of this section shall be deposited to the credit of said fund and appropriated by the governing body for the purposes for which such fees are collected.

C.R.S. § 25-15-601 Short title

25-15-601. Short title. The short title of this part 6 is the "Perfluoroalkyl and Polyfluoroalkyl Chemicals Protection Act".

C.R.S. § 25-15-602 Legislative declaration

25-15-602. Legislative declaration. (1) The general assembly finds and declares that: (a) Contamination of the soil and water in the state from PFAS chemicals poses a significant threat to the environment of the state and the health of its residents; (b) A growing body of scientific research has found that exposure to PFAS chemicals may lead to serious and harmful health effects; (c) The full extent of the contamination of PFAS chemicals in the soil and water of the state is not currently known but is anticipated to be widespread and to require a significant expenditure of resources to be identified and remediated; (d) PFAS chemicals continue to be used in products across a variety of industries and for many different purposes; (e) PFAS chemicals are not necessary in many products and could be replaced with less harmful chemicals or technologies; and (f) If the widespread sale and distribution of products that contain intentionally added PFAS chemicals and the installation of artificial turf that contains intentionally added PFAS chemicals continue in the state: (I) There is a larger risk of PFAS chemicals migrating into the natural environment; (II) Residents of the state will likely suffer adverse health effects from exposure to PFAS chemicals; and (III) The state and local communities will be burdened with the testing, monitoring, and clean-up costs necessary to keep residents safe from exposure to PFAS chemicals. (2) The general assembly therefore determines and declares that it is imperative for the health and safety of the state's residents to create a regulatory scheme that: (a) Phases out the sale or distribution of certain products and product categories in the state that contain intentionally added PFAS chemicals; and (b) Prohibits the installation of artificial turf that contains intentionally added PFAS chemicals.

C.R.S. § 25-15-603 Definitions - repeal

25-15-603. Definitions - repeal. As used in this part 6, unless the context otherwise requires: (1) "Adult mattress" means a mattress product that is not a crib or a toddler mattress. (1.5) "Apparel" means: (a) Clothing items intended for regular wear or formal occasions, including athletic wear, bibs, bodysuits, costumes, dancewear, diapers, dresses, everyday swimwear, everyday work uniforms, footwear, formal wear, leggings, leisurewear, onesies, overalls, pants, saris, scarves, school uniforms, shirts, skirts, sports uniforms, suits, tops, undergarments, and vests; and (b) Outdoor apparel. (1.7) (a) "Automotive cleaning product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles. (b) "Automotive cleaning product" does not include automotive paint or paint repair products. (2) "Carpet or rug" means a fabric product marketed or intended for use as a floor covering in households or businesses. (2.5) (a) "Cleaning product" means a finished product used primarily for domestic, commercial, or institutional cleaning purposes. (b) "Cleaning product" includes an air care product, an automotive cleaning product, a general cleaning product, and a polish or floor maintenance product. (3) "Consumer" means the end user of a product. (4) (a) "Cookware" means a durable houseware product that is used in residences or kitchens to prepare, dispense, or store food or beverages. (b) "Cookware" includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils. (c) "Cookware" does not include food equipment intended primarily for use in commercial settings, including food equipment sold to a business that has a retail food establishment license. (5) (a) "Cosmetic" means a product that is intended to be rubbed or introduced into; poured, sprinkled, or sprayed on; or otherwise applied to the human body for cleaning, cleansing, beautifying, promoting attractiveness, or altering the appearance. (b) "Cosmetic" includes a skin moisturizer, perfume, lipstick, nail polish, eye or facial makeup preparation, shampoo, conditioner, permanent wave, hair dye, and deodorant. (c) "Cosmetic" does not include a product that requires a prescription for distribution or dispensation. (d) (I) "Cosmetic" does not include hydrofluoroolefins used as propellants in cosmetics. (II) This subsection (5)(d) is repealed, effective January 1, 2027. (6) Repealed. (7) "Drilling fluid" means a fluid that is circulated into the borehole of a well to lubricate and cool the drill bit. (8) Repealed. (9) (a) "Fabric treatment" means a product applied to fabric to give the fabric one or more characteristics, including stain resistance and water resistance. (b) (I) "Fabric treatment" does not include hydrofluoroolefins used as propellants in fabric treatments. (II) This subsection (9)(b) is repealed, effective January 1, 2027. (10) "Food package" or "food packaging" means a package or packaging component used in direct contact with food and that is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. (11) "Hydraulic fracturing fluid" means the fluid, including the applicable base fluid and any additives, injected into an oil or gas well to perform hydraulic fracturing operations. (12) (a) "Intentionally added PFAS chemicals" means PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product. (b) "Intentionally added PFAS chemicals" includes PFAS chemicals that are intentional breakdown products of an added chemical. (13) (a) "Juvenile product" means a product designed for use by infants or children under twelve years of age. ded PFAS chemicals" means PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product. (b) "Intentionally added PFAS chemicals" includes PFAS chemicals that are intentional breakdown products of an added chemical. (13) (a) "Juvenile product" means a product designed for use by infants or children under twelve years of age. (b) "Juvenile product" includes: (I) Bassinets and other bedside sleepers; (II) Booster seats, car seats, and other child restraint systems; (III) Changing pads; (IV) Co-sleepers; (V) Crib or toddler mattresses; (VI) Floor play mats; (VII) Highchairs and highchair pads; (VIII) Infant bouncers; (IX) Infant carriers; (X) Infant or toddler foam pillows; (XI) Infant seats; (XII) Infant sleep positioners; (XIII) Infant swings; (XIV) Infant travel beds; (XV) Infant walkers; (XVI) Nap cots; (XVII) Nursing pads and pillows; (XVIII) Play mats; (XIX) Playpens; (XX) Play yards; (XXI) Polyurethane foam mats, pads, or pillows; (XXII) Portable foam nap mats; (XXIII) Portable infant sleepers and hook-on chairs; (XXIV) Soft-sided portable cribs; and (XXV) Strollers. (c) "Juvenile product" does not include: (I) Electronic products, including: (A) Personal computers and any associated equipment; (B) Audio and video equipment; (C) Calculators; (D) Wireless phones; (E) Gaming consoles; (F) Handheld devices incorporating a video screen; and (G) Any associated peripheral device such as a mouse, keyboard, power supply unit, or power cord; (II) An internal component of a juvenile product that would not come into direct contact with a child's skin or mouth during reasonably foreseeable use and abuse of the product; or (III) Adult mattresses. (14) (a) "Manufacturer" means the person that manufactures or assembles a product or whose brand name is affixed to a product. (b) "Manufacturer" includes, if a product is imported into the United States and the manufacturer does not have a presence in the United States, the importer or first domestic distributor of the product. (15) "Oil and gas operations" has the meaning set forth in section 34-60-103. (16) "Oil and gas products" means hydraulic fracturing fluids, drilling fluids, and proppants. (16.5) (a) "Outdoor apparel" means apparel intended primarily for use in outdoor activities, including bicycling, camping, climbing, fishing, hiking, and skiing. (b) "Outdoor apparel" does not include outdoor apparel for severe wet conditions. (16.7) (a) "Outdoor apparel for severe wet conditions" means outdoor apparel that is: (I) An extreme and extended use product that provides protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as snow conditions, in order to protect the health and safety of the user; (II) Designed for use by outdoor sports experts; and (III) Not marketed for general consumer use. (b) "Outdoor apparel for severe wet conditions" includes outerwear intended for use in offshore fishing, offshore sailing, whitewater kayaking, and mountaineering. (c) "Outdoor apparel for severe wet conditions" does not include personal flotation devices made for the health and safety of the user. (17) "Package" means material that is intended or used to contain, protect, handle, deliver, or present a product. (18) "Packaging component" means an individual part of a package, including interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. (19) "PFAS chemicals" has the meaning set forth in section 25-5-1302 (7). (20) (a) "Product" means an item that is manufactured, assembled, or otherwise prepared for sale or distribution to consumers and that is sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products. (b) "Product" includes any product components. nks, and labels. (19) "PFAS chemicals" has the meaning set forth in section 25-5-1302 (7). (20) (a) "Product" means an item that is manufactured, assembled, or otherwise prepared for sale or distribution to consumers and that is sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products. (b) "Product" includes any product components. (c) "Product" does not include: (I) Drugs, medical devices, biologics, or diagnostics used in a medical setting or in medical applications regulated by the federal food and drug administration; (II) Veterinary pesticide and parasiticide products approved by the federal environmental protection agency or the federal department of agriculture for use in animals; (II.5) Biologics or diagnostics approved by the federal department of agriculture for use in a veterinary setting or in veterinary applications; or (III) Packaging used for the products described in subsections (20)(c)(I), (20)(c)(II), or (20)(c)(II.5) of this section. (d) "Product" does not include a used product offered for sale or resale. (21) "Product category" means a class or division of products that share related characteristics. (22) "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component. (23) "Proppants" means materials that are inserted or injected into an underground geologic formation during oil and gas operations in order to prevent fractures from closing. (23.5) "Ski wax" means a lubricant applied to the bottom of snow runners, including skis and snowboards, to improve the grip or glide properties of the snow runners. (24) (a) "Textile" means any product made in whole or in part from a natural or synthetic fiber, yarn, or fabric. (b) "Textile" includes leather, cotton, silk, jute, hemp, wool, nylon, and polyester. (c) "Textile" does not include textiles used in medical, professional, or industrial settings. (24.5) (a) "Textile article" means a textile that is primarily used in households and businesses. (b) "Textile article" includes accessories, apparel, backpacks, and handbags. (c) "Textile article" does not include: (I) Outdoor apparel for severe wet conditions; (II) Outdoor textile furnishings; (III) Outdoor upholstered furniture; and (IV) Textile articles used in medical, professional, or industrial settings. (25) (a) "Textile furnishings" means textiles of a type customarily used in households and businesses, including draperies, floor coverings, furnishings, bedding, towels, and tablecloths. (b) "Textile furnishings" does not include textile furnishings used in medical, professional, or industrial settings. (26) "Upholstered furniture" means any article of furniture that is: (a) Designed for sitting, resting, or reclining; and (b) Wholly or partially stuffed with filling material.

C.R.S. § 25-15-604 Prohibition on the sale or distribution of certain consumer products that contain intentionally added PFAS chemicals - product disclosure requirements - repeal

25-15-604. Prohibition on the sale or distribution of certain consumer products that contain intentionally added PFAS chemicals - product disclosure requirements - repeal. (1) On and after January 1, 2024, a person shall not sell, offer for sale, distribute for sale, or distribute for use in the state any product in any of the following product categories if the product contains intentionally added PFAS chemicals: (a) Carpets or rugs; (b) Fabric treatments; (c) Food packaging; (d) Juvenile products; and (e) Oil and gas products. (2) (a) On and after January 1, 2024, a manufacturer of cookware sold in the state that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of PFAS chemicals on the product label and shall include on the product label a statement, in both English and Spanish, that reads: "For more information about PFAS chemicals in this product, visit" followed by both of the following: (I) An internet website address for a web page that provides information about why the PFAS chemicals are intentionally added; and (II) A quick response (QR) code or other machine-readable code, consisting of an array of squares, used for storing an internet website for a web page that provides information about why the PFAS chemicals are intentionally added. (b) A manufacturer of cookware sold in the state shall ensure that the statement required on the product label by subsection (2)(a) of this section is visible and legible to the consumer, including on the product listing for online sales. (c) Cookware that meets both of the following requirements is exempt from the requirement of this subsection (2): (I) The surface area of the cookware cannot fit a product label of at least two square inches; and (II) The cookware does not have either of the following: (A) An exterior container or wrapper on which a product label can appear or be affixed; and (B) A tag or other attachment with information about the product attached to the cookware. (d) A manufacturer of cookware sold in the state shall ensure that the statement otherwise required on the product label by subsection (2)(a) of this section is included on the product listing for online sales pursuant to subsection (2)(b) of this section. (e) On and after January 1, 2024, a manufacturer shall not make a claim, on the cookware package, that the cookware is free of any PFAS chemicals unless no individual PFAS chemical is intentionally added to the cookware. (f) Cookware that contains one or more intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall not be sold, offered for sale, or distributed in the state unless the cookware and the manufacturer of the cookware comply with this part 6. (g) This subsection (2) is repealed, effective January 1, 2026. (2.5) (a) On and after January 1, 2025, a person shall not sell, offer for sale, distribute for sale, or distribute for use in the state, including in an internet listing or transaction, an outdoor apparel for severe wet conditions product that contains intentionally added PFAS chemicals unless the product is accompanied by a legible and easily discernible disclosure that includes the phrase "made with PFAS chemicals". (b) This subsection (2.5) is repealed, effective January 1, 2028. (3) On and after January 1, 2025, a person shall not sell, offer for sale, distribute for sale, or distribute for use the following products that contain intentionally added PFAS chemicals: (a) Cosmetics; (b) Indoor textile furnishings; and (c) Indoor upholstered furniture. (3.5) On and after January 1, 2026, a person shall not sell, offer for sale, distribute for sale, or distribute for use in the state the following products that contain intentionally added PFAS chemicals: te for sale, or distribute for use the following products that contain intentionally added PFAS chemicals: (a) Cosmetics; (b) Indoor textile furnishings; and (c) Indoor upholstered furniture. (3.5) On and after January 1, 2026, a person shall not sell, offer for sale, distribute for sale, or distribute for use in the state the following products that contain intentionally added PFAS chemicals: (a) Cleaning products, except for cleaning products that are floor maintenance products used in hospital or medical settings; (b) Cookware; (c) Dental floss; (d) Menstruation products; and (e) Ski wax. (4) On and after January 1, 2027, a person shall not sell, offer for sale, distribute for sale, or distribute for use the following products that contain intentionally added PFAS chemicals: (a) Outdoor textile furnishings; and (b) Outdoor upholstered furniture. (5) On and after January 1, 2028, a person shall not sell, offer for sale, distribute for sale, or distribute for use the following products that contain intentionally added PFAS chemicals: (a) Cleaning products that are floor maintenance products used in hospital or medical settings; (b) Textile articles; (c) Outdoor apparel for severe wet conditions; and (d) Food equipment intended primarily for use in commercial settings that comes into direct contact with food.

C.R.S. § 25-15-605 Prohibition on the installation of artificial turf that contains intentionally added PFAS chemicals

25-15-605. Prohibition on the installation of artificial turf that contains intentionally added PFAS chemicals. (1) On and after January 1, 2026, a person shall not install artificial turf that contains intentionally added PFAS chemicals on any portion of property in the state. (2) Nothing in this section prohibits a person from maintaining artificial turf installed before January 1, 2026.
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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