Legislative finding - hazardous substance listing required

Colo. Rev. Stat. § 29-22-107, under Government - Local.

Colo. Rev. Stat. § 29-22-107

(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