Title 25, Public Health and Environment
0 chapters · 1,375 sections in this title.
Colo. Rev. Stat. § 25-15-318.5 Nature of a notice of environmental use restrictions
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(1) A notice of environmental use restrictions is an agency action based on the state's police power. (2) A notice of environmental use restrictions is binding on current and subsequent owners of the affected land and any person using or possessing an interest in the land. (3) Th…
Colo. Rev. Stat. § 25-15-319 Contents of environmental covenants and notices of environmental use restrictions
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(1) Environmental covenants and notices of environmental use restrictions shall include provisions regarding: (a) Duration and any conditions under which the environmental covenant or restrictive notice may be modified or terminated; (b) Any environmental use restrictions relied …
Colo. Rev. Stat. § 25-15-320 Environmental covenants - when required - waiver
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(1) No environmental covenant shall be required for any environmental remediation project that results in residual contamination levels that have been determined by the relevant regulatory agency to be safe for all uses and that does not incorporate any engineered feature or stru…
Colo. Rev. Stat. § 25-15-321 Creation, modification, and termination of an environmental covenant
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(1) An environmental covenant under this part 3 may be created only by the owner of the property through a written grant to the department by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such a restriction under this article…
Colo. Rev. Stat. § 25-15-321.5 Notice of environmental use restrictions - creation, modification, and termination
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(1) A person who proposes to create, modify, or terminate a restrictive notice shall provide written notice of the person’s intention to all persons holding an interest of record in the real property that will be subject to the restrictive notice, to all persons known to the pers…
Colo. Rev. Stat. § 25-15-322 Enforcement - remedies
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(1) An environmental covenant or restrictive notice imposed at any environmental remediation project shall be enforceable as provided in this section, even if the environmental remediation project is not otherwise subject to this part 3. (2) In the event of an actual or threatene…
Colo. Rev. Stat. § 25-15-323 Registry of environmental covenants and notices of environmental use restrictions
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The department shall create and maintain a registry of all environmental covenants and notices of environmental use restrictions, including any modification or termination thereof.
Colo. Rev. Stat. § 25-15-324 Coordination with affected local governments
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(1) The department shall provide each affected local government with a copy of every environmental covenant and restrictive notice within such local government's jurisdiction and shall also provide a copy of any documents modifying or terminating such environmental covenant or re…
Colo. Rev. Stat. § 25-15-325 Other interests not impaired
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Except as specifically provided in an environmental covenant or restrictive notice or pursuant to section 25-15-326, no transfer of a water right or any change of a point of diversion at any time, nor any interest in real property cognizable under statute, common law, or custom i…
Colo. Rev. Stat. § 25-15-326 Validation
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(1) Any document recorded by the owner of real property that restricts or requires certain uses or activities relating to such real property, including any restrictions on drilling for or pumping groundwater, to protect human health or the environment by limiting exposure to haza…
Colo. Rev. Stat. § 25-15-327 Applicability
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The requirements of section 25-15-320 apply to remedial decisions made on or after July 1, 2001, that would create one or more of the conditions described in section 25-15-320 (2). Source: L. 2001: Entire section added, p. 459, � 2, effective July 1. 25-15-328. Household medicati…
Colo. Rev. Stat. § 25-15-328 Household medication take-back program - creation - collection and disposal of medication injection devices - liability - definitions - cash fund - rules
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(1) (a) The general assembly finds and declares that prescription drug misuse is a rampant problem in Colorado, in part due to the accidental and intentional abuse of leftover household medications. The general assembly further declares that citizen access to a disposal location …
Colo. Rev. Stat. § 25-15-401 Legislative declaration
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(1) The general assembly hereby finds that there is a need for more clarity and uniformity regarding the definition of infectious waste and in the requirements for the handling, treatment, and disposal thereof and that the absence of such clarity and the inappropriate designation…
Colo. Rev. Stat. § 25-15-402 Infectious waste - definitions
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(1) For the purposes of this part 4 and statewide applicability: (a) Infectious waste means waste capable of producing an infectious disease and requires the consideration of certain factors necessary for induction of disease. These factors include: (I) Presence of a pathogen of …
Colo. Rev. Stat. § 25-15-402.5 Disposition of fetal tissue
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(1) As used in this section, unless the context otherwise requires, fetal death means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after suc…
Colo. Rev. Stat. § 25-15-403 Generator management plan
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(1) Each generator of infectious waste shall develop and implement an on-site infectious waste management plan which is appropriate for the particular facility. Such plan shall include: (a) The designation of infectious waste generated by the facility; (b) The handling of infecti…
Colo. Rev. Stat. § 25-15-404 On-site disinfection
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(1) Any infectious waste which has been appropriately treated at the site of generation by the generator so as to render it noninfectious shall not thereafter be deemed infectious for purposes of handling or disposal. (2) Appropriate treatment shall include any method of treatmen…
Colo. Rev. Stat. § 25-15-405 Appropriate treatment and disposal - nonliability
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(1) A generator of infectious waste using an appropriate treatment method with appropriate documentation as provided in section 25-15-404 (2) and, in good faith, utilizing disposal facilities for such waste shall not be civilly or criminally liable for injuries or damages alleged…
Colo. Rev. Stat. § 25-15-406 Penalty
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(1) (a) Any generator who knowingly removes, causes to be removed, or allows to be removed from the site of generation any infectious waste which he knew was not appropriately treated and not identified as untreated when such infectious waste was so removed from the site of gener…
Colo. Rev. Stat. § 25-15-407 Presumption of noninfectiousness
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It is conclusively presumed that any infectious waste which has been appropriately treated and documented in section 25-15-404 (2) either on the site or off the site is not infectious after it has been so treated. Source: L. 89: Entire part added, p. 1178, � 1, effective April 23…
Colo. Rev. Stat. § 25-15-501 Short title
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This part 5 shall be known and may be cited as the State Hazardous Waste Incinerator or Processor Siting Act. Source: L. 92: Entire part added, p. 1264, � 1, effective July 1. L. 2002: Entire section amended, p. 87, � 1, effective March 22.
Colo. Rev. Stat. § 25-15-502 Definitions
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As used in this part 5, unless the context otherwise requires: (1) Existing hazardous waste incinerator means a hazardous waste incinerator that was in active operation, as authorized by applicable federal and state laws and regulations, on or before August 21, 1991. (1.5) Existi…
Colo. Rev. Stat. § 25-15-503 Certificate required - incineration or processing of hazardous waste prohibited - exceptions
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(1) Any person desiring to own or operate a hazardous waste incinerator or processor shall first obtain a certificate of designation from the governing body having jurisdiction over the area in which such proposed hazardous waste incinerator or processor site is located. (2) Haza…
Colo. Rev. Stat. § 25-15-504 Application for certificate - review by governing body
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(1) Any person desiring to own or operate a hazardous waste incinerator or processor shall make application to the governing body having jurisdiction over the area in which such incinerator, incinerator site, processor, or processor site is or is proposed to be located for a cert…
Colo. Rev. Stat. § 25-15-505 Grounds for approval
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(1) A governing body having jurisdiction shall approve or disapprove an application for a hazardous waste incinerator or processor site certificate of designation within one hundred eighty days after receiving such application. Such governing body having jurisdiction may approve …
Colo. Rev. Stat. § 25-15-506 Certificate
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(1) A certificate of designation for a hazardous waste incinerator or processor site shall identify the general types of waste that shall be incinerated or processed and the types of waste that shall be rejected by such hazardous waste incinerator or processor site, subject to a …
Colo. Rev. Stat. § 25-15-507 Substantial change in ownership, design, or operation
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(1) Any substantial change in the ownership of a hazardous waste incinerator or processor, including but not limited to an assignment or a transfer of the certificate of designation, or in the design or operation of a hazardous waste incinerator, incinerator site, processor, or p…
Colo. Rev. Stat. § 25-15-508 Revocation or suspension of certificate
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(1) A governing body having jurisdiction that has granted a certificate of designation for a hazardous waste incinerator or processor may revoke or suspend such certificate of designation if such governing body having jurisdiction finds that: (a) There was a material misrepresent…
Colo. Rev. Stat. § 25-15-509 Judicial review
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The award, denial, revocation, or suspension of a certificate of designation by the governing body having jurisdiction shall be subject to judicial review in the district court for the judicial district in which the hazardous waste incinerator or processor is located or is propos…
Colo. Rev. Stat. § 25-15-510 Rules - limitations
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(1) The commission may promulgate rules establishing what constitutes a substantial change in ownership, design, or operation of a hazardous waste incinerator or processor under the provisions of section 25-15-507. (2) The regulations promulgated by the commission pursuant to thi…
Colo. Rev. Stat. § 25-15-511 List of hazardous wastes - final inventory
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The operator of any hazardous waste incinerator or processor site shall maintain a list of the hazardous wastes accepted for incineration or processing at such site. Such list shall indicate the types of hazardous waste accepted for incineration or processing at such hazardous wa…
Colo. Rev. Stat. § 25-15-512 Inspections of hazardous waste incinerator or processor sites
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(1) The department shall conduct inspections of each hazardous waste incinerator or processor site at intervals determined by rules of the commission based upon the volume and toxicity of the wastes being received at such site. Such inspections shall include, but are not limited …
Colo. Rev. Stat. § 25-15-513 Violation - criminal penalty
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Any person who violates any provision of this part 5 commits a petty offense and shall be punished as provided in section 18-1.3-503. Source: L. 92: Entire part added, p. 1270, � 1, effective July 1. L. 2002: Entire section amended, p. 1538, � 271, effective October 1. L. 2021: E…
Colo. Rev. Stat. § 25-15-514 Violation - civil penalty - reimbursement of costs
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(1) Any person who violates any provision of this part 5 shall be subject to a civil penalty of not more than ten thousand dollars per day of violation. Such penalty shall be determined and collected by the district court for the judicial district in which such violation occurs u…
Colo. Rev. Stat. § 25-15-515 Annual fees - commercial hazardous waste incinerator or processor funds
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(1) (a) The owner or operator of any hazardous waste incinerator or processor for which a certificate of designation has been issued pursuant to this article shall be required, contingent upon the issuance of federal or state permits, to pay the governing body having jurisdiction…
Colo. Rev. Stat. § 25-15-601 Short title
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The short title of this part 6 is the Perfluoroalkyl and Polyfluoroalkyl Chemicals Protection Act. Source: L. 2022: Entire part added, (HB 22-1345), ch. 338, p. 2426, � 1, effective June 3. L. 2024: Entire section amended, (SB 24-081), ch. 147, p. 593, � 1, effective May 1.
Colo. Rev. Stat. § 25-15-602 Legislative declaration
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(1) The general assembly finds and declares that: (a) Contamination of the soil and water in the state from PFAS chemicals poses a significant threat to the environment of the state and the health of its residents; (b) A growing body of scientific research has found that exposure…
Colo. Rev. Stat. § 25-15-603 Definitions - repeal
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As used in this part 6, unless the context otherwise requires: (1) Adult mattress means a mattress product that is not a crib or a toddler mattress. (1.5) Apparel means: (a) Clothing items intended for regular wear or formal occasions, including athletic wear, bibs, bodysuits, co…
Colo. Rev. Stat. § 25-15-604 Prohibition on the sale or distribution of certain consumer products that contain intentionally added PFAS chemicals - product disclosure requirements - repeal
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(1) On and after January 1, 2024, a person shall not sell, offer for sale, distribute for sale, or distribute for use in the state any product in any of the following product categories if the product contains intentionally added PFAS chemicals: (a) Carpets or rugs; (b) Fabric tr…
Colo. Rev. Stat. § 25-15-605 Prohibition on the installation of artificial turf that contains intentionally added PFAS chemicals
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(1) On and after January 1, 2026, a person shall not install artificial turf that contains intentionally added PFAS chemicals on any portion of property in the state. (2) Nothing in this section prohibits a person from maintaining artificial turf installed before January 1, 2026.…