§ 25-7-128 — Local government - authority - penalty

(1) Home rule cities,
cities, towns, counties, and cities and counties are hereby authorized to enact local
air pollution resolutions or ordinances. Every such resolution or ordinance shall
provide for hearings, judicial review, and injunctions consistent with sections 25-7-118 to 25-7-121 and shall include emission control regulations which are at least the
same as, or may be more restrictive than, the emission control regulations adopted
pursuant to this article; except that nothing in this article shall prohibit any such
local law from controlling any air pollution or air pollution source which is not
subject to control under the provisions of this article and except that no permit
issued under any local air pollution law with respect to any facility, activity, or
process shall ever be construed to relieve any holder thereof from the duty to
maintain such facility, activity, or process in compliance with the emission
standards and emission control regulations adopted pursuant to this article nor to
relieve the division from its duty to enforce such emission standards and emission
control regulations with respect to such facility, activity, or process. Any local air
pollution standards or regulations submitted and approved as revisions to the state
implementation plan shall be enforced as such by the division. In order to assure
coordination of efforts to control and abate air pollution, local governmental
entities are encouraged to submit their adopted plans and regulations as revisions
to the state implementation plan for Colorado.

(2) All local air pollution resolutions and ordinances and orders issued
pursuant thereto in existence on March 1, 1979, are validated as though adopted
pursuant to the authority of subsection (1) of this section; except that, if any such
local resolution, ordinance, or order fails to meet the requirements of this article,
the governing body under whose authority such resolution, ordinance, or order was
promulgated shall have until July 1, 1979, to amend, modify, or repeal the same so
that it will meet the requirements of this article, but, if not so amended, modified, or
repealed, the same shall be superseded by this article.

(3) To the extent that a local air pollution resolution adopted by a county is
more restrictive than an ordinance adopted by any city or town within such county,
the county resolution shall apply in lieu of the city or town ordinance to the extent
of the inconsistency.

(4) Any local governmental authority enforcing air pollution control
regulations which shall issue any enforcement order or grant any permit shall, at
the time of such issuance or granting, transmit to the commission a copy of such
order or permit.

(5) Application, operation, and enforcement of valid local air pollution laws
shall be completely independent of, but may be concurrent with, the application,
operation, and enforcement of this article. The appointment of an air pollution
control authority by the division shall in no way affect the duties and
responsibilities given the same person or agency under a local air pollution law, and
the appointment of an air pollution control authority by a local governmental unit
shall in no way affect the duties and responsibilities given the same person or
agency by the division.

(6) In order to assure coordination of efforts to control and abate air
pollution, at least semiannually the commission and each air pollution control
authority created by a local air pollution law shall confer and review each other's
records concerning the area subject to such local law and coordinate their
respective plans and programs for such area.

(7) No local air pollution control authority shall institute any system or
program that:

(a) Conflicts with, or is in any way inconsistent with, air pollution emergency
plans promulgated by the governor pursuant to section 25-7-112 (2);

(b) Is more stringent than a corresponding state provision with respect to
measures to preserve the stratospheric ozone layer;

(c) Is more stringent than a corresponding state provision with respect to
hazardous air pollutants; except that this paragraph (c) shall not limit local zoning
powers and ordinances enacted pursuant to other authorities under state law;

(d) Does not contain provisions to ensure adequate reimbursement of state
compliance and administrative expenses as required by section 25-7-114.7
(2)(a)(I)(C);

(e) Is more stringent than a corresponding state provision with respect to
asphalt and concrete plants and crushing equipment;

(f) Imposes less restrictive requirements on its own stationary sources than
those imposed on similar nongovernmental sources.

(8) Any person who violates any emission standard or emission control
regulation adopted by a local governmental entity, where such local government
has not submitted its standards or regulations as revisions to the state
implementation plan, shall be subject to a civil penalty of not more than three
hundred dollars. Each day during which such a violation occurs shall be deemed a
separate offense.

Legislative History

Source: L. 79: Entire article R&RE, p. 1047, � 1, effective June 20. L. 92: (7) amended, p. 1228, � 26, effective July 1; (7) amended, p. 1293, � 4, effective July 1.