(1) A public entity, political subdivision of the state, or other unit of local government is hereby given the right to claim reimbursement for the costs resulting from action taken to remove, contain, or otherwise mitigate the effects of a hazardous materials abandonment or a hazardous materials spill.
(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) Claims for reimbursement made pursuant to this section shall be in accordance with article 22 of title 29, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2521, � 1, effective January 1, 1995.
Editor's note: This section is similar to former � 43-6-112 as it existed prior to 1994.
42-20-113. Hazardous materials spill - abandonment of vehicle containing hazardous material - penalty - definition. (1) No person shall abandon any vehicle containing any hazardous material excluding that which is considered fuel and is contained within the vehicle's fuel tank or shall intentionally spill hazardous materials upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in lawful charge of that private property.
(2) (a) As used in this section, abandon means to leave a thing with the intention not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.
(b) It is prima facie evidence of the necessary intent that:
(I) The vehicle has been left for more than three days unattended and unmoved; or
(II) License plates or other identifying marks have been removed from the vehicle; or
(III) The vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or
(IV) The owner has been notified by a law enforcement agency to remove the vehicle and it has not been removed within twenty-four hours after notification.
(3) The driver of a motor vehicle transporting hazardous materials as cargo which is involved in a hazardous materials spill, whether intentional or unintentional, shall give immediate notice of the location of such spill and such other information as necessary to the nearest law enforcement agency.
(4) Any person who violates the provisions of subsection (3) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
Source: L. 94: Entire title amended with relocations, p. 2521, � 1, effective January 1, 1995. L. 2002: (4) amended, p. 1565, � 383, effective October 1. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3324, � 773, effective March 1, 2022.
Editor's note: This section is similar to former � 43-6-113 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.