(1) Upon application of the division, the
division may collect penalties as determined under this article 7 by instituting an
action in the district court for the district in which the air pollution source affected
is located, in accordance with the following provisions:
(a) (Deleted by amendment, L. 92, p. 1220, � 23, effective July 1, 1992.)
(b) Any person who violates any requirement or prohibition of a final order of
the division or commission, an applicable emission control regulation of the
commission, the state implementation plan, a construction permit, any provision for
the prevention of significant deterioration under part 2 of this article 7, any
provision related to attainment under part 3 of this article 7, or any provision of or
commission rule adopted pursuant to section 25-7-105, 25-7-106, 25-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-141, 25-7-146, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414
is subject to a civil penalty of not more than forty-seven thousand three hundred
fifty-seven dollars per day for each day of the violation; except that:
(I) On or before December 31, 2021, the commission shall, by rule, annually
adjust the amount of the maximum civil penalty based on the percentage change in
the United States department of labor's bureau of labor statistics consumer price
index for Denver-Aurora-Lakewood for all items and all urban consumers, or its
successor index; and
(II) Civil penalties shall not be assessed or collected against persons who
violate emission regulations promulgated by the commission for the control of odor
until a compliance order issued pursuant to section 25-7-115 and ordering
compliance with the odor regulation has been violated.
(c) Any person failing to comply with the provisions of section 25-7-114.1
shall be subject to a civil penalty of not more than one thousand dollars per day per
violation.
(d) Any person who violates any requirement, prohibition, or order respecting
an operating permit issued pursuant to section 25-7-114.3, including failure to
obtain such a permit, to operate in compliance with any term or condition of the
permit, or to pay the permit fee required under section 25-7-114.7 (2), or who
commits a violation of section 25-7-109.6 is subject to a civil penalty of not more
than forty-seven thousand three hundred fifty-seven dollars per day for each
violation; except that, on or before December 31, 2021, the commission shall, by
rule, annually adjust the amount of the maximum civil penalty based on the
percentage change in the United States department of labor's bureau of labor
statistics consumer price index for Denver-Aurora-Lakewood for all items and all
urban consumers, or its successor index.
(e) Any person who violates any provision of section 25-7-139 shall be
subject to a civil penalty of not more than one thousand dollars.
(f) Any person who owns or operates storage tanks at a gasoline dispensing
facility, as defined by regulations promulgated by the air quality control
commission, who violates any requirement to maintain a vapor collection system
pursuant to air quality control regulations shall be subject to a civil penalty of not
more than fifteen thousand dollars per day for each day of such a violation.
(g) Any person who owns or operates a gasoline dispensing facility, as
defined by regulations promulgated by the air quality control commission, who
violates any requirement to maintain records required pursuant to air quality
control commission regulations and the air pollution control division shall be
subject to a civil penalty of not more than five thousand dollars. For a second
violation, the civil penalty shall be not more than ten thousand dollars. For a third or
subsequent violation, the civil penalty shall be not more than fifteen thousand
dollars.
(h) The division, in consultation with stakeholders from gasoline dispensing
facilities and gasoline transport truck companies, as defined by regulations
promulgated by the air quality control commission, shall develop design, operation,
and maintenance guidelines by June 30, 2021. The guidelines will assist owners and
operators of gasoline dispensing facilities and gasoline transport trucks in
complying with the requirements of air quality control commission regulations.
(i) (I) Except as provided in subsection (1)(i)(II) of this section, an owner of a
covered building that violates:
(A) Section 25-7-142 (3) or (6) is subject to a civil penalty of up to five
hundred seventy-seven dollars for a first violation and up to two thousand three
hundred dollars for each subsequent violation, which amounts the commission
shall, by rule, annually adjust based on the annual percentage change in the United
States department of labor's bureau of labor statistics consumer price index, or a
successor index, for Denver-Aurora-Lakewood for all items paid for by urban
consumers;
(B) On and after January 1, 2030, performance standards adopted by the
commission pursuant to section 25-7-142 or that violates the requirements of
section 25-7-142 (8.6) is, for a first violation, subject to a civil penalty in an amount
not to exceed two thousand three hundred dollars for every thirty days that the
owner is in violation and, for each subsequent violation, subject to a penalty in an
amount not to exceed five thousand eight hundred dollars for every thirty days that
the owner is in violation, which amounts the commission, beginning in 2026, shall,
by rule, annually adjust in accordance with subsection (1)(i)(I)(A) of this section.
(II) The division shall not assess a civil penalty for a violation related to a
public building.
(II.5) Notwithstanding rules that the commission adopted before July 1, 2025,
a civil penalty for a violation of section 25-7-142 or rules adopted by the
commission to implement section 25-7-142 shall be determined in a manner
consistent with this subsection (1)(i) and subsection (2) of this section.
(III) Notwithstanding section 25-7-129, civil penalties collected pursuant to
this subsection (1)(i), as paid by owners of covered buildings for a violation of
section 25-7-142 or rules adopted by the commission to implement section 25-7-142, shall be credited to the climate change mitigation and adaptation fund created
in section 24-38.5-102.6.
(j) (I) A person who violates section 25-7-144 is subject to a civil penalty in
the following amount:
(A) For each motor vehicle for which the violation was committed, a person
who owns or operates ten or more motor vehicles as part of the person's business
or commercial activities is subject to a penalty of up to one thousand dollars for a
first violation, up to seven thousand five hundred dollars for a second violation, and
up to fifteen thousand dollars for a third or subsequent violation; or
(B) For each motor vehicle for which the violation was committed, a person
who owns or operates nine or fewer motor vehicles is subject to a penalty of up to
two hundred dollars for the first violation, up to five hundred dollars for the second
violation, and up to one thousand two hundred dollars for a third or subsequent
violation.
(II) Notwithstanding subsection (1)(j)(I)(B) of this section, a person who
violates section 25-7-144 by tampering with, or assisting another person in
tampering with, an emission control system for profit is subject to a penalty under
subsection (1)(j)(I)(A) of this section regardless of the number of motor vehicles
owned or operated.
(III) Notwithstanding section 25-7-129, the division shall transmit civil
penalties collected pursuant to this subsection (1)(j) to the state treasurer, who
shall credit the money:
(A) On or before June 30, 2025, to the catalytic converter identification and
theft prevention grant program cash fund created in section 24-33.5-230 (5.5). The
Colorado state patrol shall use the money credited to the fund to implement the
catalytic converter identification and theft prevention grant program created in
section 24-33.5-230 (1).
(B) On or after July 1, 2025, to the AIR account in the highway users tax fund,
which account is created in section 42-3-304 (18)(a).
(2) (a) In determining the amount of any civil penalty, the division shall
consider the following factors:
(I) The violator's compliance history, including the compliance history of the
violator's corporate affiliates, subsidiaries, and parent organizations;
(II) Lack of good faith efforts on behalf of the violator to comply;
(III) Whether the violator previously committed the same or a similar
violation, regardless of whether the division or commission commenced an
enforcement action pursuant to section 25-7-115 for any such violation;
(IV) Duration of the violation;
(V) Economic benefit of noncompliance to the violator;
(VI) Impact on, or threat to, the public health or welfare or the environment
as a result of the violation;
(VII) Malfeasance;
(VIII) Whether legal and factual theories were advanced for purposes of
delay;
(IX) The severity of the violation or noncompliance; and
(X) Whether the violation occurred within or impacted a disproportionately
impacted community.
(b) In addition to the factors set forth in subsection (2)(a) of this section, the
division shall consider the following circumstances as grounds for reducing or
eliminating civil penalties:
(I) The voluntary and complete disclosure by the violator of such violation in
a timely fashion after discovery of the noncompliance;
(II) Full and prompt cooperation by the violator following disclosure of the
violation including, when appropriate, entering into a legally enforceable
commitment to undertake compliance and remedial efforts;
(III) The existence and scope of a regularized and comprehensive
environmental compliance program or an environmental audit program;
(IV) Substantial economic impact of a penalty on the violator; and
(V) Repealed.
(VI) Other mitigating factors.
(c) The imposition of civil penalties may be deferred or suspended where
appropriate based on consideration of the factors set forth in this subsection (2).
(3) Repealed.