§ 25-8-609 — Criminal pollution - penalties

Colorado § 25-8-609

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

Text

(1) Any person who recklessly,
knowingly, intentionally, or with criminal negligence discharges any pollutant into
any state waters or into any domestic wastewater treatment works commits
criminal pollution if such discharge is made:

(a) In violation of any permit issued under this article; or

(b) In violation of any cease-and-desist order or clean-up order issued by the
division which is final and not stayed by court order; or

(c) Without a permit, if a permit is required by the provisions of this article for
such discharge; or

(d) Repealed.

(e) In violation of any pretreatment regulations promulgated by the
commission.

(2) Prosecution under this section shall be commenced upon request by the
division or a peace officer, who must present evidence based on reasonable
suspicion to either the attorney general or a district attorney for the district in
which an alleged violation occurs. No criminal violation will be charged without
probable cause.

(3) Any person who commits criminal pollution of state waters shall be
penalized as follows:

(a) For a violation committed with criminal negligence or recklessly, as both
terms are defined in section 18-1-501, the violator commits a class 2 misdemeanor
punishable by a maximum fine of twenty-five thousand dollars per day for each day
the violation occurs.

(b) For a violation committed knowingly or intentionally, as both terms are
defined in section 18-1-501, the violator is guilty of a class 5 felony and,
notwithstanding section 18-1.3-401, upon conviction thereof, shall be punished by a
maximum fine of fifty thousand dollars per day for each day the violation occurs,
imprisonment of up to three years, or both.

(c) If two separate offenses under this article occur in two separate
occurrences during a period of two years, the maximum fine for the second offense
shall be double the amounts specified in paragraph (a) or (b) of this subsection (3),
whichever is applicable.

(d) (Deleted by amendment, L. 2009, (SB 09-119), ch. 223, p. 1009, � 1,
effective August 5, 2009.)

(4) Any criminal penalty collected under this section shall be credited to the
general fund.

(5) No provision of this article shall be interpreted to supersede, limit,
abrogate, or impair the ability to enforce:

(a) Civil or criminal penalties pursuant to article 22 of title 29, C.R.S., if the
pollutant discharged into state waters or domestic wastewater treatment works is
a hazardous substance as defined in section 29-22-101, C.R.S.; or

(b) Civil penalties pursuant to section 25-15-309 or criminal penalties
pursuant to section 25-15-310 if the pollutant discharged into state waters or
domestic wastewater treatment works is a hazardous waste as defined in section
25-15-101.

Legislative History

Source: L. 81: Entire article R&RE, p. 1334, � 1, effective July 1. L. 83: (3)(d) amended, p. 1080, � 6, effective July 1. L. 85: (1)(c) amended and (1)(d) repealed, p. 911, �� 14, 15, effective June 4. L. 88: (1)(e) added, p. 1021, � 7, effective July 1. L. 90: IP(1) amended, p. 1345, � 5, effective July 1. L. 2009: (2) and (3)(d) amended and (4) and (5) added, (SB 09-119), ch. 223, p. 1009, � 1, effective August 5; (2) amended, (SB 09-292), ch. 369, p. 1971, � 88, effective August 5. L. 2020: (2), IP(3), (3)(a), and (3)(b) amended, (HB 20-1143), ch. 219, p. 1082, � 3, effective July 2. L. 2021: (3)(a) amended, (SB 21-271), ch. 462, p. 3238, � 466, effective March 1, 2022.