(1)
The general assembly finds, determines, and declares:
(a) That the protection of the public from the dangers of hazardous
substance incidents occurring on private property, other than residential or
agricultural property, is a matter of statewide concern;
(b) That, without the provisions of this section, such protection is inadequate;
and
(c) That the provisions of this section are enacted in the exercise of the
police powers of this state for the purpose of protecting the peace, health, safety,
and welfare of the people of this state.
(2) (a) Upon the request of the designated emergency response authority,
the department of public health and environment, or the local fire department, any
person who, in accordance with the following table, possesses the specified
quantity, or a quantity in excess of that specified, of any hazard type of hazardous
substance on private property shall provide the designated emergency response
authority and the waste management division of the department of public health
and environment and, when requested, the local fire department with a listing of
the maximum quantity of each such hazard type reasonably anticipated to be
present on the property at any time:
Hazard type Quantity
Class A or B explosive Any quantity
Class C explosive 50 pounds
Etiological agent Any quantity
Water reactive flammable solid 5 pounds
Pyrophoric material 5 pounds
Organic/inorganic peroxide 50 pounds
Poison A or poison B 100 pounds or 15 gallons
Flammable liquid other than a pyrophoric liquid 700 pounds or 120 gallons
Compressed flammable gas other than 3,000 cubic feet or more
liquefied petroleum gases at one atmosphere at
seventy degrees Fahrenheit
Liquefied petroleum gases Any installation
exceeding
18,000 gallon water capacity
Oxidizer 200 pounds or 120 gallons
Combustible liquid
Class I 120 gallons
Class II 240 gallons
Class III 500 gallons
Corrosive material 200 pounds or 120 gallons
(unless a lesser amount is
specified
in 49 Code of Federal
Regulations
Part 172.101)
Irritating material 200 pounds or 120 gallons
(b) With respect to the terms listed as hazard types in the table in paragraph
(a) of this subsection (2):
(I) Pyrophoric material means any material which ignites spontaneously in
dry or moist air at or below one hundred thirty degrees Fahrenheit.
(II) The remaining terms shall have the meanings ascribed to them in 49
Code of Federal Regulations Subchapter C as in effect on July 1, 1983.
(c) (I) Any person requested to list pursuant to this subsection (2) shall
update such list annually unless the designated response authority, the department
of public health and environment, or the local fire department requests an updated
list prior to the annual update.
(II) Except as to those authorities designated in paragraph (a) of this
subsection (2), all information required to be provided under this subsection (2)
shall be deemed privileged and shall not be released to any person or organization
without the express written consent of the person providing the information.
(III) The person who, without the express written consent required in
subsection (2)(c)(II) of this section, releases information required to be provided by
this subsection (2) commits a petty offense and shall be punished as provided in
section 18-1.3-503.
(d) The requirements of this subsection (2) do not apply to:
(I) Motor fuel products in quantities less than forty-two thousand gallons in
underground storage or less than six hundred twenty gallons in one tank or less
than one thousand three hundred forty gallons in combination in above ground
storage;
(II) Hazardous substances in typical consumer-sized packaging or when
being stored or used by a farmer or rancher at a facility used in active agricultural
production;
(III) Any person who has specific arrangements with a designated emergency
response authority for responding to hazardous substance incidents;
(IV) Hazardous materials in transportation which are subject to the
provisions of parts 1, 2, and 3 of article 20 of title 42, C.R.S.;
(V) The armed forces of the United States or the state militia;
(VI) Explosives in forms prescribed by the official United States
pharmacopoeia;
(VII) The sale, possession, or use of fireworks;
(VIII) The possession, transportation, and use of small arms ammunition;
(IX) The possession, storage, and transportation of not more than fifty
pounds of black powder and two thousand small arms primers for hand-loading of
small arms ammunition for personal use unless otherwise regulated by the local
jurisdiction;
(X) The transportation and use of explosives or blasting agents by the United
States bureau of mines, the federal bureau of investigation, the United States
secret service, the United States department of the treasury, or a police or fire
department acting in its official capacity;
(XI) Special industrial explosive devices which in the aggregate contain less
than fifty pounds of explosives.
(3) On or after October 1, 1983, any person failing to comply with the
provisions of subsection (2) of this section shall be subject to a civil penalty of not
more than one hundred dollars per day for each day during which said violation
occurs. Such penalty shall be determined and collected by a court of competent
jurisdiction upon an action instituted by the district attorney. Civil penalties
collected shall be transmitted to the state treasurer, who shall credit the same to
the general fund.