§ 25-19-105 — Integrated environmental compliance agreements

(1) The
department is authorized to enter into integrated environmental compliance
agreements with small communities in accordance with the provisions of this
section.

(2) The environmental requirements that may be addressed in an integrated
environmental compliance agreement are the requirements established by or
pursuant to article 7, 8, 11, or 15 of this title, article 20.5 of title 8, C.R.S., or article
20 of title 30, C.R.S. An integrated environmental compliance agreement may
address environmental requirements applicable to a solid waste disposal site and
facility only if such site and facility receives twenty tons per day or less of solid
waste.

(3) Any integrated environmental compliance agreement with a small
community shall:

(a) Identify actions to be taken by the small community, including a schedule
with interim deadlines, that will result in compliance with each of the applicable
individual environmental requirements as soon as practicable, within an overall
period not to exceed ten years;

(b) Be consistent with an approved environmental priorities plan for the
small community;

(c) Contain a provision directing that the agreement will not take effect until
the community's registered electors have approved any creation of a multiple-fiscal
year debt or other financial obligation for which an election is required by section
20 of article X of the Colorado constitution and which is required to implement the
terms of the agreement;

(d) Be structured as a formal enforcement agreement to ensure continued
compliance or to resolve an existing compliance issue involving a small community;
and

(e) Be enforceable pursuant to the provisions of the statutes governing the
individual environmental requirements addressed in the agreement with respect to
any of the agreement deadlines that are not met.

(4) A small community participating in the program created by this article
shall provide a copy of its proposed agreement to any person who has so requested
in writing prior to the small community's submission of its plan to the department.
Before the agreement is approved by the department, the department shall allow at
least twenty days within which any person may review and submit written
comments on the agreement to the small community and the department.

(5) An integrated environmental compliance agreement may be amended by
agreement of the small community and the department to address compliance
concerns not anticipated at the time of the original agreement. The amended
agreement shall require compliance with any new requirement added to the
amended agreement as soon as practicable, within an overall period not to exceed
ten years from the date of the amendment. The deadline for any requirement
addressed in the original agreement may be extended as a part of the amendment
of the agreement, but the deadline may not be extended beyond ten years after the
date of the original agreement.

(6) An integrated environmental compliance agreement entered into under
this article shall not be deemed to impair, modify, or otherwise affect prior
agreements entered into between a small community and any entity other than the
department.

(7) Any provision of an integrated compliance agreement implementing a
requirement that, absent such agreement, would no longer be applicable as the
result of repeal or modification of a statutory or regulatory requirement shall be
unenforceable.

(8) No component of an integrated environmental compliance agreement
that would result in an increased regulatory compliance burden on any other entity
shall be approved without such entity's consent.

(9) Paragraph (e) of subsection (3) of this section notwithstanding, if
requested by the small community, the department may file in district court a
complaint and a proposed consent order embodying the requirements of the
integrated environmental compliance agreement to require compliance with any
applicable standard, limitation, or order.

Legislative History

Source: L. 95: Entire article added, p. 1007, � 1, effective July 1. L. 96: (2) amended, p. 1473, � 24, effective June 1.