§ 25-9-110 — Violations - penalty

Colorado § 25-9-110

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Water and Wastewater Treatment

Text

(1) It is unlawful for any person to represent
himself or herself as a certified operator of any category and of any class without
first being so certified by the board and without being the holder of a current valid
certificate issued by the board. Any person violating the provisions of this
subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than three thousand dollars.

(2) (a) It is unlawful for any owner of a water treatment facility, a domestic or
industrial wastewater treatment facility, a wastewater collection system, or a water
distribution system in the state of Colorado to allow the facility to be operated
without the supervision of a certified operator of the classification required by the
board for the specific facility.

(b) Notwithstanding paragraph (a) of this subsection (2), a sedimentary pond
maintained in accordance with a permit issued by the division of reclamation,
mining, and safety that does not require a permit issued by the water quality control
division of the department of public health and environment shall not require the
supervision of a certified operator.

(3) Whenever the division has reason to believe that a violation of subsection
(2) of this section has occurred, the division shall cause written notice to be served
personally or by certified mail, return receipt requested, upon the alleged violator
or their agent for service of process. The notice shall state the provision of
subsection (2) alleged to be violated and the facts alleged to constitute a violation
and it may include specific action proposed to be required to cease the alleged
violation. The division shall require the alleged violator to answer each alleged
violation.

(4) Upon being served with any notice given under subsection (3) of this
section, the alleged violator may request a public hearing. Such request shall be
filed in writing with the division no later than thirty days after service of the notice.
If such a request is made, a hearing shall be held within a reasonable time. Hearings
held pursuant to this subsection (4) shall be conducted before the board in
accordance with section 24-4-105, C.R.S. The determination of the board following
a hearing shall be considered final agency action as to whether a violation has
occurred.

(5) Any owner of a water treatment facility, a domestic or industrial
wastewater treatment facility, a wastewater collection system, or a water
distribution system in the state of Colorado who violates subsection (2) of this
section shall be subject to a civil penalty of not more than three hundred dollars per
day for each day during which such violation occurs. Any civil penalty collected
under this section shall be credited to the general fund.

(6) Upon application of the division, any penalty for a violation of subsection
(2) of this section shall be determined by the executive director of the department
or his or her designee and may be collected by the division through a collection
action instituted in a court of competent jurisdiction. The final decision of the
executive director or his or her designee may be appealed to the board. A stay of
any order of the division pending judicial review shall not relieve any person from
any liability under this section, but the reason for the request for judicial review
shall be considered in the determination of the amount of the penalty. In the event
that such an action is instituted for the collection of such penalty, the court may
consider the appropriateness of the amount of the penalty if the party against
whom the penalty was assessed raises the issue.

Legislative History

Source: L. 73: p. 751, � 1. C.R.S. 1963: � 66-38-10. L. 96: (1) amended, p. 361, � 10, effective July 1. L. 2000: Entire section amended, p. 776, � 13, effective May 23. L. 2006: (2)(b) amended, p. 214, � 5, effective August 7.