(1)(a) A public entity,
political subdivision of the state, unit of local government, or private entity is
hereby given the right to claim reimbursement from the person or persons who have
care, custody, and control of the hazardous substance involved at the time of the
incident for the reasonable, necessary, and documented costs resulting from action
taken to remove, contain, or otherwise mitigate the effects of the incident. A private
entity that is neither a responsible party nor otherwise compensated may claim its
costs only when it provided services under an agreement with the designated
emergency response authority or fire department pursuant to section 29-22-102 or
29-22-103 that provides that the private entity will not be paid by the designated
emergency response author
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(1) (a) A public entity,
political subdivision of the state, unit of local government, or private entity is
hereby given the right to claim reimbursement from the person or persons who have
care, custody, and control of the hazardous substance involved at the time of the
incident for the reasonable, necessary, and documented costs resulting from action
taken to remove, contain, or otherwise mitigate the effects of the incident. A private
entity that is neither a responsible party nor otherwise compensated may claim its
costs only when it provided services under an agreement with the designated
emergency response authority or fire department pursuant to section 29-22-102 or
29-22-103 that provides that the private entity will not be paid by the designated
emergency response authority or fire department. A private entity may assist a fire
department or designated emergency response authority in pursuing such a claim
under subsection (3) of this section; however, the fire department or designated
emergency response authority must approve the claim. When the action to remove,
contain, or otherwise mitigate the effects of such an incident also involves
extinguishing a fire, the costs may only include the extraordinary expenses related
to the hazardous substance and not any expense related to extinguishing the fire. If
the property on which the hazardous substance incident occurred lies within an
unincorporated area of a county and not otherwise within a fire protection district,
then the costs may include any expense related to the hazardous substance
incident or to extinguishing the fire. If any such person is the owner of property
upon which the hazardous substance incident occurs, collection of such costs may
be made pursuant to section 30-10-513.5 (1), C.R.S.
(b) Response costs recoverable under this section include the value of
reasonable emergency response services provided by a private entity under an
agreement for assistance with a fire department or the designated emergency
response authority regardless of whether the private entity has been paid by the
fire department or designated emergency response authority.
(2) Nothing contained in this section shall be construed to change or impair
any right of recovery or subrogation arising under any other provision of law.
(3) (a) The governing body of the emergency response authority designated
in section 29-22-102 (3), or when the emergency response authority is the Colorado
state patrol, the attorney general, shall be responsible for collecting any claims for
reimbursement made pursuant to this section when more than one public entity,
political subdivision of the state, or unit of local government has assisted in said
removal, containment, or mitigation. Such responsibility shall include, when
necessary, the filing of a civil action against the person responsible for the
abandonment or spill. Any such agency which rendered assistance may also join
any civil action as a party plaintiff or may assign any rights to the appropriate
emergency response authority.
(b) Any collections or recovery made by the emergency response authority
shall be distributed on a pro rata basis among the agencies and private entities that
rendered assistance.
(c) The emergency response authority is entitled to recover its reasonable
costs in collecting any reimbursement, including any attorney fees. If such costs
are not included in a judgment rendered in a civil action, they shall be deducted
from any recovery prior to the distribution provided for in paragraph (b) of this
subsection (3).
(d) All moneys collected or recovered pursuant to the provisions of this
section on behalf of the Colorado state patrol, except for moneys distributed to
assisting agencies pursuant to paragraph (b) of this subsection (3) or to pay legal
fees or costs pursuant to paragraph (c) of this subsection (3), shall be transmitted
to the state treasurer who shall credit the same to the highway users tax fund
established in section 43-4-201, C.R.S.
(4) The provisions of this section shall apply to any claim for reimbursement
for costs related to a hazardous substance which is authorized by other provisions
of law.
(5) Repealed.
(6) (a) The executive director of the department of public safety shall adopt
rules in accordance with article 4 of title 24, C.R.S., to create a process by which a
public entity, political subdivision of the state, or unit of local government claiming
reimbursement pursuant to this section shall establish that the costs attributed to a
hazardous substance incident are reasonable, necessary, and documented. Such
rules shall provide for consideration of all appropriate cost factors including but not
limited to acquisition and operation expenses for equipment, salaries and benefits,
the cost of expendable supplies, the cost differences between rural and urban
areas, and the cost differences between responding entities that utilize paid staff
and entities that use volunteers.
(b) The executive director of the department of public safety shall create a
list of qualified and knowledgeable persons who are willing to perform the role of
voluntary ombudsman, mediator, or arbitrator to resolve disputes regarding claims
for reimbursement made pursuant to this section and shall adopt rules in
accordance with article 4 of title 24, C.R.S., to establish the process by which the
parties involved in such a dispute may access and arrange for the assistance of
persons on the list. Persons on the list shall not receive compensation for their
services from the state and shall not be state employees. Persons on the list shall
not be subject to civil liability for any actions taken in good faith pursuant to this
paragraph (b) or any rule adopted by the executive director of the department of
public safety in accordance with this section.