(1) General provisions. (a) Whenever the
division has reason to believe that a person has knowingly, as defined in section 18-1-501 (6), violated any requirement or prohibition of an applicable emission control
regulation of the commission, state implementation plan, permit required under this
article 7, or 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
section 25-7-105, 25-7-106, 25-7-106.3, 25-7-108, 25-7-109, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 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, or 42-4-410, the division may request either the attorney general or the district attorney for
the district in which the alleged violation occurs to pursue criminal penalties under
this section.
(b) Except for those violations identified in subsections (1)(c), (2), and (3) of
this section, any person who knowingly, as defined in section 18-1-501 (6), violates
any requirement or prohibition of an applicable emission control regulation of the
commission, state implementation plan, permit required under this article 7, or 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 section 25-7-105, 25-7-106, 25-7-106.3, 25-7-108, 25-7-109, 25-7-109.6, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 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, or 42-4-410
commits a misdemeanor and, upon conviction thereof, may be punished by a fine of
not more than twenty-five thousand dollars per day for each day of violation. Upon a
second conviction for a violation of this subsection (1)(b) within two years, the
maximum punishment shall be doubled.
(c) Except for those violations identified in paragraph (b) of this subsection
(1) and subsections (2) and (3) of this section, any person who knowingly, as defined
in section 18-1-501 (6), C.R.S., violates any requirement, prohibition, or order
respecting an operating permit issued pursuant to section 25-7-114.3, including but
not limited to failure to obtain such a permit or to operate in compliance with any
term or condition thereof or to pay the permit fee required under section 25-7-114.7
(2) is guilty of a misdemeanor, and upon conviction thereof, may be punished by a
fine of not more than twenty-five thousand dollars per violation per day. Upon a
second conviction for a violation of this paragraph (c) within two years, the
maximum punishment shall be doubled.
(2) False statements. Any person who knowingly, as defined in section 18-1-501 (6), C.R.S., makes any false material statement, representation, or certification
in, or omits material information from, or knowingly alters or conceals any notice,
application, record, report, plan, or other document required pursuant to this article
to be either filed or maintained or falsifies, tampers with, or renders inaccurate any
monitoring device or method required to be maintained or followed under this
article is guilty of a misdemeanor, and upon conviction thereof, may be punished by
a fine of not more than twelve thousand five hundred dollars for each instance of
violation. Upon a second conviction for a violation of this subsection (2) within two
years, the maximum punishment shall be doubled.
(3) (a) Knowing endangerment. Any person who knowingly, as defined in
section 18-1-501 (6), C.R.S., releases into the ambient air any hazardous air pollutant
listed pursuant to section 112 of the federal act, or any other hazardous air pollutant
as defined by this article, and who knows at the time that such action thereby
places another person in imminent danger of death or serious bodily injury is guilty
of a felony, and upon conviction thereof, may be punished by a fine of not more than
fifty thousand dollars per day for each day of violation, or by imprisonment for not
more than four years, or by both such fine and imprisonment. Any person
committing such violation which is an organization shall, upon conviction under this
subsection (3), be subject to a fine of not more than one million dollars for each
such violation. Upon a second conviction for a violation of this subsection (3), the
maximum punishment shall be doubled. For any air pollutant for which an emissions
standard has been set, or for any source for which an operating permit has been
issued under this article, a release of such pollutant in accordance with that
standard or permit shall not constitute a violation of this subsection (3).
(b) In determining whether a defendant who is an individual knew that the
violation placed another person in imminent danger of death or serious bodily injury:
(I) The defendant is responsible only for actual awareness or actual belief
possessed; and
(II) Knowledge possessed by a person other than the defendant, but not by
the defendant, may not be attributed to the defendant.
(c) (I) It is an affirmative defense to a prosecution that the conduct charged
was freely consented to by the person endangered and that the danger and
conduct charged were reasonably foreseeable hazards of:
(A) An occupation, a business, or a profession; or
(B) Medical treatment or medical or scientific experimentation conducted by
professionally approved methods and such other person had been made aware of
the risks involved prior to giving consent.
(II) The defendant may establish an affirmative defense under this paragraph
(c) by a preponderance of the evidence.
(d) Any person who negligently, as defined in section 18-1-501 (3), C.R.S.,
violates any requirement or prohibition of an applicable emission control regulation
of the commission, state implementation plan, permit required under this article, or
any provision for the prevention of significant deterioration under part 2 of this
article, is guilty of a misdemeanor and, upon conviction thereof, may be punished by
a fine of not more than twelve thousand five hundred dollars per day for each day of
violation.
(4) All general defenses, affirmative defenses, and bars to prosecution that
may apply with respect to other criminal offenses may apply under this section and
shall be determined by the courts of this state according to the principles of
common law as they may be interpreted in the light of reason and experience.
Concepts of justification and excuse applicable under this section may be
developed in the light of reason and experience.
(5) For purposes of this section, unless the context otherwise requires:
(a) Organization means a legal entity, other than a government, established
or organized for any purpose, and such term includes a corporation, company,
association, firm, partnership, joint-stock company, foundation, institution, trust,
society, union, or any other association of persons.
(b) Person includes, in addition to the entities referred to in section 25-7-103 (19), any responsible corporate officer.
(c) Serious bodily injury means bodily injury which involves a substantial
risk of death, unconsciousness, extreme physical pain, protracted and obvious
disfigurement, or protracted loss or impairment of the function of a bodily member,
organ, or mental faculty.