§ 25-15-310 — Criminal offenses - penalties

Colorado § 25-15-310

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Hazardous Waste

Text

(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;

(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.

Legislative History

Source: L. 81: Entire article R&RE, p. 1358, � 1, effective July 1. L. 83: Entire section amended, p. 1104, � 25, effective November 2, 1984; (2) amended, p. 2055, � 34, effective November 2, 1984. L. 88: (1)(a), (1)(b), and (2) amended, (1)(e) and (4) added, and (3) R&RE, pp. 1048, 1049, �� 1-3, effective July 1. L. 92: IP(1), (1)(c), (1)(d), (2), (3), and (4)(a) amended and (5) added, p. 1252, � 12, effective August 1. L. 94: (2) amended, p. 1641, � 62, effective May 31. L. 96: (2) amended, p. 1473, � 23, effective June 1.