(1) A person shall not:
(a) Abandon a solid wastes disposal site and facility or operate, maintain, or
close such a facility in a manner that violates any of the provisions of this part 1, any
rule or regulation adopted pursuant thereto, or any certificate of designation issued
under section 30-20-104;
(b) Dispose of solid waste at a location other than a site designated for such
use by a county or municipality, unless otherwise exempted by this part 1 or unless
the person is disposing of his or her own waste on his or her own property;
(c) Dispose of solid wastes in any manner that violates any of the provisions
of part 10 of this article or any rule adopted pursuant thereto;
(d) Repealed.
(e) Violate any provision of part 14 of this article or any rule adopted
pursuant to part 14 of this article.
(2) (a) Whenever the department finds that any solid wastes disposal site and
facility or any person is in violation of subsection (1) of this section, the department
may issue an order requiring that the site and facility or person comply with any
such requirement, rule, or certificate of designation and may request the attorney
general to bring suit for injunctive relief or for penalties pursuant to this section.
The department shall not be required to conduct a hearing in accordance with
section 24-4-105, C.R.S., before issuing an order pursuant to this subsection (2).
(b) (I) An order issued pursuant to this subsection (2) may include an
administrative penalty assessment as provided in subsection (4) or (5) of this
section. In lieu of imposing an administrative penalty assessment for a violation of
subsection (1) of this section, the department may seek to have a civil penalty
imposed, as provided in subsection (4) or (5) of this section, for such violation. The
department shall bring an action for a civil penalty in the district court for the
judicial district in which the violation occurred.
(II) If the department issues an order that does not contain an administrative
penalty assessment, the department shall not be precluded from subsequently
imposing an administrative penalty assessment or seeking a civil penalty for the
violations detailed in the order.
(c) The department shall serve an order issued pursuant to this subsection
(2) on the person who is the subject of the order by personal service or by certified
mail. In addition to imposing an administrative penalty, the order may prohibit the
person from engaging in specified activity in violation of subsection (1) of this
section or may require the person to comply with the requirements of part 1 or part
10 of this article. The order shall take effect upon issuance unless otherwise
specified in the order.
(2.5) (a) A person against whom an order has been issued, referred to in this
section as the requesting party, may submit a written request to the office of
administrative courts in the department of personnel for a hearing on the order and
shall provide a copy of the request to the executive director of the department or
the executive director's designee. The requesting party shall file the request for
hearing by personal service or by certified mail within thirty calendar days after the
effective date of the order. An administrative law judge from the office of
administrative courts shall conduct the hearing in accordance with section 24-4-105, C.R.S., except as otherwise specified in this section.
(b) If a request for a hearing is filed, payment of any monetary penalty is
stayed pending a final decision by the administrative law judge after the hearing on
the merits. Absent a motion to stay the order pursuant to paragraph (c) of this
subsection (2.5), the requesting party shall comply with any other requirements of
the order. If the administrative law judge grants a motion to stay the order, the
department shall not be precluded from imposing a penalty against the requesting
party for subsequent violations of subsection (1) of this section.
(c) (I) The requesting party may submit a motion to the administrative law
judge to stay the enforcement of the order pending the outcome of the hearing. The
administrative law judge may grant the motion to stay any portion of the order if he
or she determines that the balance of equities favors the requesting party. In
making his or her determination, the administrative law judge shall consider the
following factors:
(A) The probability of serious harm to the requesting party if the motion for a
stay is denied;
(B) The probability that no serious harm to the public health or the
environment will occur if the motion for a stay is granted;
(C) The merits of the requesting party's case; and
(D) The public interest.
(II) If the administrative law judge grants a stay of all or a portion of the
order, the requesting party shall not be excused from its obligations under
applicable laws, rules, permits, and valid, existing orders.
(III) The administrative law judge shall expedite hearings and determinations
on a motion to stay an order. The requesting party bears the burden of proof in a
motion to stay an order.
(d) Except as provided in subparagraph (III) of paragraph (c) of this
subsection (2.5), the department bears the burden of proof by a preponderance of
the evidence in a hearing pursuant to this subsection (2.5).
(e) (I) Upon the motion of a party to the hearing, and in the discretion of the
administrative law judge, an administrative law judge may request an interpretive
rule from the solid and hazardous waste commission pertaining to any rule that is at
issue in the hearing, but only if there is no genuine issue of material fact or the
parties have stipulated to the material facts for the purposes of the interpretive
rule. The administrative law judge may adjust the schedule of the hearing to
accommodate the receipt of an interpretive rule. In making a determination on a
motion to request an interpretive rule, the administrative law judge shall consider
the following factors:
(A) Whether the plain language of the rule in question is clear and
unambiguous;
(B) Whether the proposed construction of the rule in question would lead to
an absurd result; and
(C) Whether the solid and hazardous waste commission has previously
issued an interpretive rule concerning the subject of the request for an interpretive
rule.
(II) Notwithstanding section 24-4-103 (1), C.R.S., if the administrative law
judge requests, and the solid and hazardous waste commission agrees to issue, an
interpretive rule, the commission shall give notice to the public of the interpretive
rule-making proceeding in accordance with section 24-4-103, C.R.S. The
commission shall provide the notice within forty-five days after receipt of the
request. The commission shall accept written material, not to exceed fifteen pages
in length, from any interested person if it is provided within fifteen days after the
date that notification is given. The commission shall issue the written interpretive
rule no later than thirty days after the deadline for the submission of written
material. The legal effect of any such interpretive rule shall be determined in
accordance with applicable law and is not presumed to be binding on any party to
the hearing.
(f) Notwithstanding section 24-4-105 (15), C.R.S., any appeal of a
determination of the administrative law judge pursuant to this subsection (2.5) shall
be filed in the appropriate district court in accordance with section 24-4-106, C.R.S.
(2.7) The department shall bring an action for a violation of subsection (1) of
this section within two years after the date the department discovers an alleged
violation or within five years after the date the alleged violation occurred,
whichever date occurs earlier; except that the limitation period is tolled during any
period that a person intentionally conceals the alleged violation. For the purposes
of this section, intentionally shall have the meaning provided for such term in
section 18-1-501 (5), C.R.S.
(3) Any solid wastes disposal site and facility found to be abandoned or
inactive or that is operated, maintained, or closed in a manner so as to violate any of
the provisions of this part 1 and part 10 of this article or any rule adopted pursuant
thereto shall be deemed a public nuisance, and such violation may be enjoined by
the department, the board of county commissioners of the county wherein the
violation occurred, or the governing body of the municipality wherein the violation
occurred.
(4) Any person who violates paragraphs (b) and (c) of subsection (1) of this
section shall be subject to a clean-up and cease-and-desist order issued by the
department or by the board of county commissioners if the violation occurred in the
unincorporated area of the county or by the governing body of a municipality if the
violation occurred within the municipality. Any person who fails to comply with such
orders shall be subject to an administrative or civil penalty of not more than ten
thousand dollars for each day of such violation. The violation and civil penalty shall
be determined and enforced by a court of competent jurisdiction upon action
instituted by the board or governing body that issued the orders. The violation and
administrative penalty shall be determined and enforced in accordance with
subsections (2), (2.5), and (5.5) of this section. Any penalty collected shall be
distributed to the county or municipality that instituted the action.
(5) (a) Any person who is found pursuant to subsection (2) of this section to
be in violation of subsection (1) of this section or who fails to comply with an order
issued by the department shall be subject to an administrative or civil penalty of not
more than ten thousand dollars for each day of such violation.
(b) Any penalty collected by the department under this part 1 or part 10 of
this article shall be paid to the state treasurer; however, notwithstanding this
paragraph (b), the department may enter into settlement agreements regarding any
penalty or claim under this part 1 or part 10 of this article. Any settlement
agreement may include but is not necessarily limited to the payment or contribution
of moneys to state or local agencies for environmentally beneficial purposes.
(5.5) (a) In determining the amount of an administrative or civil penalty
imposed pursuant to subsection (4) or (5) of this section for a violation of subsection
(1) of this section, the department, the administrative law judge, or the court shall
consider the following factors:
(I) The seriousness of the violation;
(II) Whether the violation was intentional, reckless, or negligent;
(III) The impact upon or the threat to public health or the environment as a
result of the violation;
(IV) The degree, if any, of recalcitrance or recidivism upon the part of the
violator;
(V) The economic benefit realized by the violator as a result of the violation;
(VI) The voluntary and complete disclosure by the violator of the violation in
a timely manner after discovery of, and prior to the department's knowledge of, the
violation, as long as all reports required to be submitted under state environmental
laws have been submitted as and when required;
(VII) The full and prompt cooperation by the violator following disclosure of
the violation, including, when appropriate, entering into and implementing a good
faith and legally enforceable agreement to undertake compliance and remedial
efforts;
(VIII) The existence of a regularized and comprehensive environmental
compliance program or an environmental audit program that was adopted in a
timely and good faith manner and that includes sufficient measures to identify and
prevent future noncompliance; and
(IX) Other aggravating or mitigating circumstances or factors.
(b) The factors contained in subparagraphs (VI), (VII), and (VIII) of paragraph
(a) of this subsection (5.5) shall be mitigating factors and may be applied, together
with other factors, to reduce the amount of the penalty.
(6) The department, by its duly authorized representatives, shall have the
power to enter and inspect each solid wastes disposal site and facility, as well as
any property, premises, or place in which solid waste is reasonably believed to be
located for the purposes of determining compliance with the requirements, rules,
and certificate of designation issued pursuant to this part 1 and part 10 of this
article. Such employee or representative shall have access to all such sites and
facilities during any time when the site or facility is open to the public. If such entry
or inspection is denied or not consented to and no emergency exists, the
department is empowered to and shall obtain from the district court for the judicial
district in which such property, premises, or place is located a warrant to enter and
inspect any such property, premises, or place prior to entry and inspection. The
district courts of this state are empowered to issue such warrants upon a showing
that such entry and inspection is required to verify that the purposes of this part 1
and part 10 of this article are being carried out.
(7) The solid and hazardous waste commission shall establish such rules as
are necessary to implement this section.
(8) Nothing in this section shall preclude or preempt the authority of a
county or municipality to adopt or enforce its own local resolutions or ordinances.
(9) [ Editor's note: This version of subsection (9) is effective until July 1,
2026. ] Notwithstanding any other provision of this part 1 or part 10 of this article
other than section 30-20-110.5, the processing, application, storage, or composting
of biosolids or other materials under rules promulgated pursuant to section 25-8-205 (1)(e), C.R.S., shall be excluded from this part 1 and part 10 of this article.
(9) [ Editor's note: This version of subsection (9) is effective July 1, 2026. ] Notwithstanding any other provision of this part 1 or part 10 of this article 20, the
processing, application, storage, or composting of biosolids or other materials
under rules promulgated pursuant to section 25-8-205 (1)(e) are excluded from this
part 1 and part 10 of this article 20.