§ 25-8-1007 — Enforcement

Colorado § 25-8-1007

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Water Quality Control

Text

(1) The division has authority to test and require
remediation of park finished water, regardless of the type of water source.

(2) The division shall, as necessary to address a park's water quality issues,
issue a cease-and-desist order for a violation of this part 10 in accordance with
section 25-8-605.

(3) (a) If a park owner fails to comply with cease-and-desist order, create a
remediation plan, implement a remediation plan, or respond to the division in
connection with a remediation plan, the division may impose a civil penalty of up to
ten thousand dollars plus an additional five thousand dollars for each full calendar
month after the first calendar month for which the violation continues. The division
must impose a civil penalty in accordance with article 4 of title 24.

(b) The division shall transfer a civil penalty collected pursuant to this
subsection (3) to the state treasurer, who shall credit the civil penalty to the fund.

(c) If a park owner threatens to evict a park resident for filing a water quality
complaint or for requesting remediation to address a water quality issue, the park
owner has violated section 38-12-203 (3) and is subject to the penalties set forth in
section 38-12-203 (3).

(4) This section does not provide an exclusive remedy and does not limit the
right of park residents to take legal action against the park owner. Exhaustion of
the administrative remedy provided in this section is not required before a resident
may bring a legal action.

Legislative History

Source: L. 2023: Entire part added, (HB 23-1257), ch. 376, p. 2255, � 1, effective June 5.