(1) The division may request the district attorney for the judicial district with jurisdiction pursuant to subsection (2) of this section or the attorney general to bring, and if so requested it shall be the duty of such district attorney or the attorney general to bring, a suit for a temporary restraining order, preliminary injunction, or permanent injunction to prevent any threatened violation of this article or any order, permit, or control regulation issued or promulgated pursuant to this article which violation poses imminent and substantial endangerment to the beneficial uses of state waters and which cannot be timely prevented by a permit modification or permit enforcement action, or any continued violation of this article, or any order, permit, or control regulation issued or promulgated pursuant to this article. In any suit for a violation of an order, the final findings of the division, after opportunity for a hearing, based upon evidence in the record, shall be prima facie evidence of the facts found in such record.
(2) Suits under this section shall be brought in the district or county court for the district or county in which the violation or threatened violation occurs. Emergencies shall be given precedence over all other matters pending in such court. The institution of such injunction proceeding by the division shall confer upon such court exclusive jurisdiction to determine finally the subject matter of the proceeding; except that the exclusive jurisdiction of the court shall apply only to such injunctive proceeding and shall not preclude assessment of civil penalties or any other enforcement action or sanction authorized by this article.
Source: L. 81: Entire article R&RE, p. 1334, � 1, effective July 1. L. 94: Entire section amended, p. 643, � 1, effective April 14; (1) amended, p. 1650, � 96, effective May 31.
25-8-608. Civil penalties - rules - water quality improvement fund created - definitions - repeal. (1) A person who violates this article 8, a permit issued under this article 8, a control regulation promulgated pursuant to this article 8, or a final cease-and-desist order or clean-up order is subject to a civil penalty of not more than fifty-four thousand eight hundred thirty-three dollars per day per violation; except that, on or before December 31, 2021, the commission shall, by rule, annually adjust the amount of the maximum civil penalty based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. In determining the amount of a penalty under this part 6, the following factors shall be considered:
(a) The potential damage from the violation;
(b) The violator's compliance history;
(c) Whether the violation was intentional, reckless, or negligent;
(d) The impact upon or threat to the public health or environment as a result of the violation;
(e) The duration of the violation; and
(f) The economic benefit realized by the violator as a result of the violation.
(1.5) All penalties collected pursuant to subsection (1) of this section shall be transmitted to the state treasurer, who shall credit the same to the water quality improvement fund, which is hereby created. The moneys in such fund shall be subject to annual appropriation. Any interest earned on moneys in the fund shall remain in the fund to be used for purposes of this section.
(1.7) (a) The department shall expend moneys in the water quality improvement fund for the following purposes:
(I) Improving the water quality in the community or water body impacted by the violation;
(II) Providing grants for storm water projects or to assist with planning, design, construction, or repair of domestic wastewater treatment works;
(III) Providing the nonfederal match funding for nonpoint source projects under 33 U.S.C. sec. 1329; or
(IV) Providing grants for storm water management training and best practices training to prevent or reduce the pollution of state waters.
(b) The division may retain five percent of the moneys in the water quality improvement fund to cover the cost of administering the projects or grants under paragraph (a) of this subsection (1.7).
(c) The commission shall promulgate rules as may be necessary to administer this subsection (1.7), including, but not limited to, rules defining who is eligible for grants, and what criteria shall be used in awarding grants. Any rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
(d) Repealed.
(1.8) (a) Notwithstanding any provision of subsection (1.5) or (1.7) of this section to the contrary, on July 1, 2025, the state treasurer shall transfer one hundred eleven thousand dollars from the water quality improvement fund to the drinking water cash fund created in section 25-1.5-209 (2).
(b) This subsection (1.8) is repealed, effective August 1, 2026.
(1.9) The division shall include in a separate section of the annual report required pursuant to section 25-8-305 a full accounting of all projects funded pursuant to this section for the preceding year.
(2) The division may institute a civil action or administrative action to impose and collect penalties under this section. Upon application of the division, penalties shall be determined by the executive director or his or her designee. The final decision of the executive director or his or her designee may be appealed to the commission. The final decision of the commission is subject to judicial review in accordance with article 4 of title 24, C.R.S. Any penalty may be collected by the division by action instituted in a court of competent jurisdiction for collection of such penalty. A stay of any order of the division pending judicial review shall not relieve any person from any liability under subsection (1) of 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 such issue is raised by the party against whom the penalty was assessed.
(3) to (5) Repealed.
Source: L. 81: Entire article R&RE, p. 1334, � 1, effective July 1. L. 83: (1) amended, p. 1080, � 5, effective July 1. L. 90: (1) amended, p. 1345, � 4, effective July 1. L. 2006: Entire section amended, p. 1273, � 2, effective May 26. L. 2009: (1.8) added, (SB 09-208), ch. 149, p. 624, � 23, effective April 20. L. 2011: (1.7)(a)(II) and (1.7)(a)(III) amended and (1.7)(a)(IV) added, (HB 11-1026), ch. 159, p. 550, � 2, effective August 10. L. 2012: IP(1) amended and (3) added, (HB 12-1119), ch. 264, p. 1378, � 1, effective June 6. L. 2016: (4) added, (HB 16-1413), ch. 138, p. 409, � 2, effective July 1. L. 2017: (1.7)(d) added, (HB 17-1306), ch. 399, p. 2080, � 3, effective June 8. L. 2020: (5) added, (HB 20-1406), ch. 178, p. 813, � 14, effective June 29; IP(1) and (1.7)(d)(II) amended, (HB 20-1143), ch. 219, p. 1082, � 2, effective July 2. L. 2022: (5) repealed, (SB 22-212), ch. 421, p. 2980, � 63, effective August 10. L. 2025: (1.8) amended, (SB 25-305), ch. 429, p. 2479, � 8, effective June 4.
Editor's note: (1) Subsection (3)(d) provided for the repeal of subsection (3), effective July 1, 2013. (See L. 2012, p. 1378.)
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective September 1, 2017. (See L. 2016, p. 409.)
(3) Subsection (1.7)(d)(II) provided for the repeal of subsection (1.7)(d), effective September 1, 2025. (See L. 2020, p. 1082.)
Cross references: For the short title (Safe Water in Schools Act) in HB 17-1306, see section 1 of chapter 399, Session Laws of Colorado 2017.