§ 25-16-307 — No action determinations

(1) A property owner may file with the
department a written petition to request a no action determination pursuant to this
section. The department shall provide formal written notification that a no action
petition has been approved or disapproved within no more than forty-five days after
a request by a property owner, unless the property owner and the department
agree to an extension of the review to a date certain. Such review shall be limited to
a review of the materials submitted by the applicant and documents or information
readily available to the department. If the department fails to act on a petition
within the time limits specified in this subsection (1), the no action petition shall be
deemed approved. If the department has received eight applications for review of
voluntary clean-up plans or no action petitions in a calendar month, the department
may notify any additional applicants in that month that their plan or petition will be
considered the following month, and the forty-five day period for department
review shall begin on the first day of the month following receipt of the plan or
petition.

(2) (a) The department shall issue a written determination approving a no
action petition when:

(I) The environmental assessment described in section 25-16-308 performed
by a qualified environmental professional indicates the existence of contamination
which does not exceed applicable promulgated state standards or contamination
which does not pose an unacceptable risk to human health and the environment; or

(II) The department finds that contamination or a release or threatened
release of a hazardous substance or petroleum product originates from a source on
adjacent or nearby real property if a person or entity responsible for such a source
of contamination is or will be taking necessary action, if any, to address the
contamination.

(b) The department shall provide formal written notification of a no action
determination, which shall contain the basis for the determination and the following
statement:

Based upon the information provided by [insert name(s) of property owner(s)]
concerning property located at [insert address], it is the opinion of the Colorado
department of public health and environment that no further action is required to
assure that this property, when used for the purposes identified in the no action
petition, is protective of existing and proposed uses and does not pose an
unacceptable risk to human health or the environment at the site.

(c) The approval of a no action petition by the department applies only to
conditions on the property and state standards that exist as of the time of
submission of the petition.

(3) Submission of materially misleading information by the applicant in the
context of a no action petition shall render the department approval void.

(4) In the event that a no action petition is not approved by the department,
the department shall promptly provide the property owner with a written statement
of the reasons for such denial. If the department disapproves a no action petition
based upon the applicant's failure to submit required information, the department
shall notify the applicant of the specific information omitted.

Legislative History

Source: L. 94: Entire part added, p. 1953, � 1, effective July 1.