§ 25-8-401 — Authority and procedures for hearings

Colorado § 25-8-401

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

Text

(1) The commission or the
division may hold public hearings, which shall be held pursuant to and in conformity
with article 4 of title 24, C.R.S., and with this article.

(2) The commission may adopt such rules and regulations governing
procedures and hearings before the commission or division as may be necessary to
assure that such procedures and hearings will be fair and impartial. Such rules and
regulations shall be consistent with the pertinent provisions of article 4 of title 24,
C.R.S.

(3) In all proceedings before the commission or the division with respect to
any alleged violation of any control regulation, permit, or order, the burden of proof
shall be upon the division.

(4) Except for classification and water quality standard-setting proceedings,
the commission or the department of public health and environment may designate
a hearing officer or an administrative law judge pursuant to part 10 of article 30 of
title 24, C.R.S., subject to appropriations made to the department of public health
and environment. When appropriate, the hearing officer may be an employee of the
department of public health and environment or a member of or the administrator
of the commission.

(5) (a) Any request for a variance with respect to a permit condition shall be
made within thirty days after issuance by the division of the final permit. Requests
for variances from any other application of a control regulation shall be made within
thirty days of legal notice by the division of the regulation or prior to operation of
any new or expanded facility which would be affected by the control regulations. A
variance may also be sought within thirty days of facts becoming available which
had not been reasonably available to the applicant prior to that time or upon
application to the commission for good cause shown.

(b) The division shall approve or disapprove any variance request and issue
its decision within ninety days after receipt of the variance request. Notice of a
variance request shall be sent to anyone who has requested such notice and shall
be included on the next commission agenda. In the case of a variance being granted
prior to the final permit being issued, the division shall publish for public notice and
comment the entire draft permit with the variance incorporated therein. In the case
of a variance granted after a final permit has been issued, the division shall publish
for public notice and comment the variance as a proposed modification to the
permit. Within forty-five days of issuance of a variance decision by the division
which does not involve discharge permit conditions required by the federal act, the
commission on its own motion or on the motion of the division or any interested
person may decide to review the variance decision. In such event, a hearing
pursuant to section 24-4-105, C.R.S., shall be held, and the commission may affirm,
modify, or deny the decision. Variance decisions of the division which involve
discharge permit conditions required by the federal act shall be subject to review
by an administrative law judge of the department of personnel pursuant to section
24-4-105, C.R.S., as part of any challenge to the conditions of a final discharge
permit issued by the division.

Legislative History

Source: L. 81: Entire article R&RE, p. 1323, � 1, effective July 1. L. 85: (5)(b) amended, p. 908, � 7, effective June 4. L. 87: (4) and (5)(b) amended, p. 972, � 85, effective March 13. L. 94: (4) amended, p. 2789, � 521, effective July 1. L. 95: (5)(b) amended, p. 663, � 97, effective July 1.