§ 25-6.5-202 — Certification of pollution control equipment

Colorado § 25-6.5-202

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Environmental Control

Text

(1) Within twelve
months after the date of acquisition of an ownership or lease interest, a person
owning or leasing property may file a request for certification of such property as
pollution control equipment with the division on forms prescribed by the division.

(2) At any time after the filing of a request for certification pursuant to
subsection (1) of this section and prior to a determination, the division may schedule
a conference with the applicant to obtain further information relevant to the
determination of eligibility for certification as pollution control equipment.

(3) Within six months after the filing of a request pursuant to subsection (1)
of this section, the division shall determine the eligibility of such property as
pollution control equipment and shall certify its determination to the applicant and
the executive director of the department of revenue. The division may certify as
pollution control equipment all of the property for which a request has been filed
pursuant to subsection (1) of this section, specified portions of the property, or none
of the property. In making its determination, the division shall consider any available
and pertinent information.

(4) If the division denies a request for certification in whole or in part, the
applicant may file with the division a written objection to the determination within
thirty days after receipt of written notice of the determination. If a written objection
is filed, the division shall grant the applicant a hearing in accordance with section
24-4-105, C.R.S., within thirty days after receipt of the written objection and shall
make a final determination based on the hearing.

(5) If the final determination of the division denies the request for
certification in whole or in part, the final determination shall be subject to judicial
review in accordance with the provisions of section 24-4-106, C.R.S.

(6) The division may assess against an applicant a fee sufficient to cover the
actual and direct cost incurred by the division in making a determination pursuant
to this section, including, but not limited to, the actual and direct cost of any
hearing or appeal related to the denial of certification if the denial is upheld. Any
fee assessed by the division pursuant to this subsection (6) shall be credited to the
pollution control equipment certification fund created in section 25-6.5-203.

Legislative History

Source: L. 2000: Entire part added, p. 1467, � 2, effective August 2.