(1)A notice of violation
may be issued by the director of the division of oil and public safety to any person
who is believed to have violated any provision of this article, any rule promulgated
pursuant thereto, or any warrant issued pursuant to section 8-20.5-208. The notice
of violation shall be served personally or by certified mail, return receipt requested,
upon the alleged violator.
(2)The notice of violation shall set forth the facts which allegedly constitute
the violation and the provisions which have allegedly been violated of either this
article or any regulation promulgated pursuant thereto. The notice of violation may
require the alleged violator to take any actions necessary to correct the alleged
violation.
(3)Within ten working days after service of the notic
Free access — add to your briefcase to read the full text and ask questions with AI
(1) A notice of violation
may be issued by the director of the division of oil and public safety to any person
who is believed to have violated any provision of this article, any rule promulgated
pursuant thereto, or any warrant issued pursuant to section 8-20.5-208. The notice
of violation shall be served personally or by certified mail, return receipt requested,
upon the alleged violator.
(2) The notice of violation shall set forth the facts which allegedly constitute
the violation and the provisions which have allegedly been violated of either this
article or any regulation promulgated pursuant thereto. The notice of violation may
require the alleged violator to take any actions necessary to correct the alleged
violation.
(3) Within ten working days after service of the notice of violation, the
alleged violator may file a written request with the director of the division of oil and
public safety for an informal conference regarding the notice of violation. If the
alleged violator fails to timely request an informal conference, all provisions of the
notice of violation shall become final and not subject to further administrative
review. The director of the division of oil and public safety may then seek judicial
enforcement of the notice of violation.
(4) Upon receipt of the written request, the director of the division of oil and
public safety shall provide the alleged violator with a written notice of the date,
time, and place of the informal conference. The director of the division of oil and
public safety or a designee shall preside at the informal conference, during which
the alleged violator and the entity that issued the notice of violation may present
information and arguments regarding the allegations and requirements of the
notice of violation.
(5) Within twenty working days after the informal conference, the director of
the division of oil and public safety shall uphold, modify, or strike the allegations of
the notice of violation and may issue an enforcement order. The decision shall be
served upon the alleged violator personally or by certified mail, return receipt
requested. Such notice of violation or enforcement order may be appealed within
twenty working days to the executive director of the department. The executive
director may either conduct the hearing personally or appoint an administrative law
judge from the office of administrative courts in the department of personnel to
conduct the hearing. The executive director may review such decision in
accordance with the provisions of section 24-4-105, C.R.S., and final agency action
shall be determined in accordance with the provisions of said section. Such final
agency action shall be subject to judicial review in accordance with section 24-4-106, C.R.S.
(6) The enforcement order may require the alleged violator to pay a civil
penalty not to exceed five thousand dollars per tank for each day of violation.
(7) The director of the division of oil and public safety may file suit in the
district court for the judicial district in which violations have occurred to obtain
judicial enforcement of the provisions of any enforcement order. The petroleum
storage tank fund may be subrogated to the rights of an owner or operator with
respect to a claimed amount at the time a claim is filed with the fund.