Title 25, Public Health and Environment
0 chapters · 1,375 sections in this title.
Colo. Rev. Stat. § 25-7-1107 Applicability of article - child-occupied facilities and target housing
0.1K chars
Nothing in this article shall be interpreted to affect any facility or location other than a child-occupied facility or target housing.
Colo. Rev. Stat. § 25-7-111 Administration of air quality control programs - directive - prescribed fire - review
8.5K chars
(1) The division shall administer and enforce the air quality control programs adopted by the commission. In furtherance of such responsibility of the division, the executive director of the department of public health and environment shall establish within the division a separat…
Colo. Rev. Stat. § 25-7-112 Air pollution emergencies endangering public health anywhere in this state
12.7K chars
(1) Whenever the division determines, after an investigation initiated either independently by the division or upon the request of an affected member of the public living or working in the vicinity of a suspected discharge, that any person is either engaging in any activity invol…
Colo. Rev. Stat. § 25-7-113 Air pollution emergencies endangering public welfare anywhere in this state
2.5K chars
(1) Whenever the division determines, after investigation, that any person is either engaging in any activity involving a significant risk of air pollution or is discharging or causing to be discharged into the atmosphere, directly or indirectly, any air pollutants and such activ…
Colo. Rev. Stat. § 25-7-114 Permit program - definitions
3.4K chars
As used in sections 25-7-114 to 25-7-114.7, unless the context otherwise requires: (1) Affected source means a source that includes one or more fossil-fuel-fired combustion devices subject to emission reduction requirements or limitations under subchapter IV of the federal act or…
Colo. Rev. Stat. § 25-7-114.1 Air pollutant emission notices - rules - fees
6.2K chars
(1) (a) No person shall permit emission of air pollutants from, or construction or alteration of, any facility, process, or activity except residential structures from which air pollutants are, or are to be, emitted unless and until an air pollutant emission notice has been filed…
Colo. Rev. Stat. § 25-7-114.2 Construction permits
1.5K chars
No person shall construct or substantially alter any building, facility, structure, or installation, except single-family residential structures, or install any machine, equipment, or other device, or commence the conduct of any such activity, or commence performance of any combi…
Colo. Rev. Stat. § 25-7-114.3 Operating permits required for emission of pollutants
4.3K chars
(1) No person shall operate any of the following sources without first obtaining a renewable operating permit from the division for such source in a manner consistent with the requirements of this article and the federal act: (a) Any affected source; (b) Any major source; (c) Any…
Colo. Rev. Stat. § 25-7-114.4 Permit applications - contents - rules - definitions
9.5K chars
(1) The commission shall promulgate such regulations as may be necessary and proper for the orderly and effective administration of construction permits and renewable operating permits. Such regulations shall be in conformity with the provisions of this article and with federal r…
Colo. Rev. Stat. § 25-7-114.5 Application review - public participation
19.2K chars
(1) Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the infor…
Colo. Rev. Stat. § 25-7-114.6 Emission notice - fees
18.3K chars
(1) The commission shall designate by regulations those classes of minor or insignificant sources of air pollution which are exempt from the requirement for an emission notice or the payment of an emission notice filing fee because of their negligible impact upon air quality. (2)…
Colo. Rev. Stat. § 25-7-114.7 Emission fees - stationary sources control fund - rules - report - definitions - repeal
45.8K chars
(1) As used in this section, unless the context otherwise requires: (a) Indirect and direct costs include, but are not limited to: (I) Reviewing and acting upon any application for such a permit; (II) Implementing and enforcing the terms and conditions of any permit or rule, not …
Colo. Rev. Stat. § 25-7-114.8 Permit fee credits. (Repealed)
0.1K chars
Source: L. 92: Entire section added, p. 1217, � 18, effective July 1. L. 2003: Entire section repealed, p. 843, � 2, effective April 7.
Colo. Rev. Stat. § 25-7-115 Enforcement - civil actions - definitions - reporting
21.1K chars
(1) (a) The division shall enforce compliance with the emission control regulations of the commission, the requirements of the state implementation plan, and the provisions of parts 1 to 4 and part 11 of this article, including terms and conditions of any permit required pursuant…
Colo. Rev. Stat. § 25-7-116 Air quality hearings board. (Repealed)
0.1K chars
Source: Entire article R&RE, L.79, p. 1039, � 1, effective June 20. L. 84: Entire section repealed, p. 768, � 1, effective July 1.
Colo. Rev. Stat. § 25-7-117 State implementation plan - revisions of limited applicability
1.4K chars
(1) The commission, upon application by the owner or operator of a stationary or mobile source or as provided in section 25-7-110 (2), may revise the state implementation plan or any regulation or standard that is not part of the state implementation plan pursuant to this section…
Colo. Rev. Stat. § 25-7-118 Delayed compliance orders
5.7K chars
(1) The division may, after notice and an opportunity for a public hearing, issue an order for any stationary source which specifies a date for final compliance with any requirement of the state implementation plan not later than the date for attainment of any national ambient ai…
Colo. Rev. Stat. § 25-7-119 Hearings
5.0K chars
(1) Not more than thirty calendar days after a hearing has been requested as provided in this article 7, the commission must act upon such request. If granted, the commission shall set a time and place for the hearing not more than ninety calendar days following the first regular…
Colo. Rev. Stat. § 25-7-120 Judicial review
0.9K chars
(1) Any final order or determination by the division or the commission shall be subject to judicial review in accordance with the provisions of this article and the provisions of article 4 of title 24, C.R.S. (2) Any party may move the court to remand the case to the division or …
Colo. Rev. Stat. § 25-7-1201 Legislative declaration
0.7K chars
The general assembly hereby finds, determines, and declares that voluntary emission limitations are an effective and efficient way to reduce emissions of air pollutants. However, the uncertainty of future control requirements impedes an owner or operator of a stationary source or…
Colo. Rev. Stat. § 25-7-1202 Definitions
1.6K chars
The definitions contained in section 25-7-103 shall apply to this part 12. In addition, the following definitions shall apply to this part 12: (1) Actual emissions means the average amount of emissions, calculated in tons per year, that the stationary source or group of stationar…
Colo. Rev. Stat. § 25-7-1203 Voluntary agreements
4.7K chars
(1) The owner or operator of any stationary source or group of stationary sources may obtain regulatory assurance, as described in section 25-7-1204, by entering into a voluntary agreement pursuant to this part 12. The parties to the proposed voluntary agreement shall negotiate i…
Colo. Rev. Stat. § 25-7-1204 Regulatory assurances
2.4K chars
(1) Except as provided in this section and in section 25-7-1205, the owner or operator of a stationary source or group of stationary sources who enters into a voluntary agreement pursuant to section 25-7-1203 shall be granted the regulatory assurances provided in this section. Fo…
Colo. Rev. Stat. § 25-7-1205 Exceptions
0.7K chars
(1) The regulatory assurances provided in section 25-7-1204 shall not apply to the following permit requirements, emission control requirements, or emission limitations: (a) Additional requirements provided under section 111 of the federal act, as defined in section 25-7-103 (12)…
Colo. Rev. Stat. § 25-7-1206 Coal-fired power plants
4.2K chars
(1) (a) If the owner or operator of a coal-fired power plant or group of coal-fired power plants reduces the uncontrolled sulfur dioxide emission rate, measured in either pounds per million BTU or tons per year, by an average of at least seventy percent and the actual emission ra…
Colo. Rev. Stat. § 25-7-1207 Allowances
0.5K chars
Notwithstanding any other provision of this part 12, no owner or operator of a stationary source or group of stationary sources shall lose the benefits of regulatory assurances granted under this part 12 by transferring, selling, banking, or otherwise using allowances established…
Colo. Rev. Stat. § 25-7-1208 Economic or cost-effectiveness analyses not required
0.3K chars
Notwithstanding section 25-7-110.5, the commission shall not conduct an economic impact analysis, cost-effectiveness analysis, or any other analyses required by section 25-7-110.5 in considering a voluntary agreement or the emission limitations contained therein. Source: L. 98: E…
Colo. Rev. Stat. § 25-7-121 Injunctions
1.5K chars
(1) In the event any person fails to comply with a final order of the division or the commission that is not subject to stay pending administrative or judicial review or in the event any person violates any emission control regulation of the commission, the requirements of the st…
Colo. Rev. Stat. § 25-7-122 Civil penalties - rules
12.4K chars
(1) Upon application of the division, the division may collect penalties as determined under this article 7 by instituting an action in the district court for the district in which the air pollution source affected is located, in accordance with the following provisions: (a) (Del…
Colo. Rev. Stat. § 25-7-122.1 Criminal penalties
7.8K chars
(1) General provisions. (a) Whenever the division has reason to believe that a person has knowingly, as defined in section 18-1-501 (6), violated any requirement or prohibition of an applicable emission control regulation of the commission, state implementation plan, permit requi…
Colo. Rev. Stat. § 25-7-122.5 Enforcement of chlorofluorocarbon regulations
1.5K chars
(1) Whenever the division has reason to believe that any person has violated the rules and regulations promulgated pursuant to section 25-7-105 (11), the division may issue a notice of violation or a cease-and-desist order. Such notice or order shall set forth the rule or regulat…
Colo. Rev. Stat. § 25-7-122.6 Administrative and judicial stays
1.1K chars
(1) Except with respect to emergency orders issued pursuant to sections 25-7-112 and 25-7-113, and delayed compliance orders issued pursuant to section 25-7-118, any person to whom an order has been issued by the division or the commission, or against whom an adverse determinatio…
Colo. Rev. Stat. § 25-7-123 Open burning - penalties
4.9K chars
(1) (a) The commission shall adopt a program to control open burning in each portion of the state in which such control is necessary in order to carry out the policies of this article, as set forth in section 25-7-102, and to comply with the requirements of the federal act. Such …
Colo. Rev. Stat. § 25-7-123.1 Statute of limitations - penalty assessment - criteria
5.3K chars
(1) (a) Except with respect to any action commenced to address a failure to obtain a permit required by this article 7, any action commenced for the assessment of civil penalties, pursuant to this article 7, that is not commenced within five years after the occurrence of the alle…
Colo. Rev. Stat. § 25-7-124 Relationship with federal government, regional agencies, and other states
1.0K chars
(1) The commission shall serve as the state agency for all purposes of the federal act and regulations promulgated under said act; except that the department of public health and environment shall accept and supervise the administration of loans and grants from the federal govern…
Colo. Rev. Stat. § 25-7-125 Organization within department of public health and environment
0.3K chars
The air quality control commission, together with the technical secretary under said commission, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this article under the department of public health and …
Colo. Rev. Stat. § 25-7-126 Application of article
1.8K chars
(1) The factual or legal basis for proceedings or other actions that shall result from a violation of any emission control regulation inure solely to and shall be for the benefit of the people of the state generally, and it is not intended to create by this article, in any way, n…
Colo. Rev. Stat. § 25-7-127 Continuance of existing rules and orders
0.9K chars
(1) All rules or amendments to existing rules adopted by the commission on or after June 20, 1979, are subject to section 24-4-103. (2) All actions, orders, and determinations by the division and the state board of health pursuant to article 29 of chapter 66, C.R.S. 1963, as that…
Colo. Rev. Stat. § 25-7-128 Local government - authority - penalty
5.4K chars
(1) Home rule cities, cities, towns, counties, and cities and counties are hereby authorized to enact local air pollution resolutions or ordinances. Every such resolution or ordinance shall provide for hearings, judicial review, and injunctions consistent with sections 25-7-118 t…
Colo. Rev. Stat. § 25-7-129 Disposition of fines - community impact cash fund - repeal
7.0K chars
(1) There is hereby created in the state treasury the community impact cash fund, referred to in this section as the fund. The fund consists of money credited to the fund pursuant to subsection (2) of this section and any other money that the general assembly may appropriate or t…
Colo. Rev. Stat. § 25-7-129.5 Motor vehicle emissions assistance fund - division to provide grants - gifts, grants, or donations - definition
6.0K chars
(1) As used in this section, “fund” means the motor vehicle emissions assistance fund created in subsection (2) of this section. (2) The motor vehicle emissions assistance fund is created in the state treasury. The fund consists of money credited to the fund pursuant to section 2…
Colo. Rev. Stat. § 25-7-130 Motor vehicle emission control studies
3.0K chars
(1) The department of public health and environment, motor vehicle emission control section of the air pollution control division, and the department of revenue shall develop a continuing joint program for the study of the control of motor vehicle exhaust emissions, including emi…
Colo. Rev. Stat. § 25-7-1301 Legislative declaration
3.7K chars
(1) The general assembly hereby finds and declares that: (a) The Southern Ute Indian tribe and the state of Colorado have entered into an intergovernmental agreement, as set forth in House Bill 00-1324, enacted at the second regular session of the sixty-second general assembly an…
Colo. Rev. Stat. § 25-7-1302 Definitions
4.2K chars
As used in this part 13, unless the context otherwise requires: (1) Commission means the Southern Ute Indian tribe/state of Colorado environmental commission established by this part 13. (2) Division means the division in the department of public health and environment that perta…
Colo. Rev. Stat. § 25-7-1303 Southern Ute Indian tribe/state of Colorado environmental commission created
2.3K chars
(1) There is hereby created the Southern Ute Indian tribe/state of Colorado environmental commission. The commission is not an agency of the state, but is an authority created pursuant to the intergovernmental agreement. The commission’s actions are not subject to the provisions …
Colo. Rev. Stat. § 25-7-1304 Commission - powers and duties - rules
2.6K chars
(1) The commission shall be the air quality policy-making and the administrative review entity for the reservation air program. (2) The duties of the commission shall include the responsibility to: (a) Determine the specific air quality programs under the federal Clean Air Act, o…
Colo. Rev. Stat. § 25-7-1305 Administration of reservation air program
1.2K chars
(1) After the commission has adopted rules and regulations for the reservation air program and after the EPA has delegated to the tribe administration of programs under the federal Clean Air Act, the tribe shall administer and enforce the standards, rules, and regulations adopted…
Colo. Rev. Stat. § 25-7-1306 Agencies of state to cooperate
0.6K chars
(1) Agencies of the state, including but not limited to the division, may provide technical assistance, training, and consultation to the tribe to carry out the purposes of the intergovernmental agreement and this part 13. (2) The general assembly authorizes state agencies to per…
Colo. Rev. Stat. § 25-7-1307 Funding for staff and program costs
2.0K chars
(1) The commission shall establish fees for permits and other regulatory services provided by the division or the tribe under this part 13. The commission shall direct air pollution sources to pay said fees to the tribe. The tribe may also apply for and receive EPA grants for the…
Colo. Rev. Stat. § 25-7-1308 Administrative and judicial review of commission actions
2.2K chars
(1) Prior to the formation of the commission, the adoption of the federal legislation contemplated in the intergovernmental agreement, and actual EPA delegation of federal Clean Air Act programs: (a) The state, through the Colorado air quality control commission and the division,…