Title 25, Public Health and Environment

(1) The commission shall develop a program providing for the attainment and maintenance of each national ambient air quality standard in each nonattainment area of the state, in conformity with and as provided in Part D (Nonattainment Program) of the federal act. (2) Subject to t…

The attainment program embodied in the state implementation plan may, with respect to proposed new or modified major stationary sources within nonattainment areas which would cause or contribute to a violation of a national ambient air quality standard, provide an allowance for g…

Source: L. 79: Entire article R&RE, p. 1056, � 1, effective June 20. L. 92: Entire section repealed, p. 1230, � 32, effective July 1.

The attainment program shall provide that emission reduction offsets which exceed those otherwise necessary to the granting of a permit under this part 3 may be preserved for sale or use in the future. Any emission reduction offset so preserved for future use and credit shall be …

The attainment program shall provide that upon application of the owner or operator of a stationary source, the commission may approve as a revision to the state implementation plan a proposal to meet the applicable requirements of the state implementation plan for a given air po…

The general assembly hereby declares that it is in the interest of the state to control, reduce, and prevent air pollution caused by wood smoke. It is therefore the intent of this part 4 to significantly reduce particulate and carbon monoxide emissions caused by burning wood by d…

As used in this part 4, unless the context otherwise requires: (1) Evaluate means to review wood-burning appliances' emission levels, as determined by an independent testing laboratory, and compare the emission levels to the emission performance standards established by the commi…

(1) The commission shall promulgate rules and regulations to carry out the provisions of this part 4 relating to wood-burning stoves in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S., and which shall become effective only as provided in s…

(1) There is hereby established, in the department of health, an evaluation and certification program for the control of air pollution caused by wood stove emissions, which is designed to significantly reduce particulate and carbon monoxide emissions, referred to in this part 4 a…

(1) On or after January 1, 1987, a person shall not advertise to sell, offer to sell, or sell a new wood stove in Colorado unless: (a) The particular model of wood stove or the particular configuration of wood stove appliance has been evaluated to determine its emission performan…

On and after January 1, 1993, no used wood-burning device shall be sold or installed in the program area unless such device meets the most stringent standards adopted by the commission pursuant to section 25-7-106.3 (1).

The air pollution control division shall establish a program to study the ways that differences in the structural design of fireplaces affect emissions. The objective of this program will be to determine those structural designs of fireplaces which effectively minimize emissions.…

(1) to (7) Repealed. (8) On and after January 1, 1993, any new or remodeled fireplace to be installed in any dwelling in an area subject to wood-burning limitations provided for in section 25-7-106.3 shall be one of the following: (a) A gas appliance; (b) An electric device; or (…

Source: L. 87: Entire section added, p. 1142, � 5, effective June 16. L. 92: Entire section amended, p. 1283, � 4, effective May 27; entire section amended, p. 1325, � 5, effective May 27. Editor's note: Subsection (2) provided for the repeal of this section, effective January 1,…

(1) (a) Repealed. (b) On and after January 1, 1993, every board of county commissioners of a county in the AIR program area which has enacted a building code, and thereafter every board of county commissioners of a county in the AIR program area which enacts a building code, shal…

Whenever the air quality control division determines, after investigation, that the level of wood stove emissions anticipated will contribute adversely or is likely to have an adverse impact on the air quality in any nonattainment area in the state, the commission should implemen…

The provisions of this part 4 do not apply to a used wood stove and shall not apply to any fireplace constructed prior to the date established in section 25-7-407. Source: L. 84: Entire part added, p. 782, � 1, effective April 12. L. 87: Entire section amended, p. 1143, � 7, effe…

(1) The general assembly hereby finds, determines, and declares that air pollution in the state of Colorado is a threat to the health and welfare of its citizens and that a major contributor to said pollution is wood smoke, which accounts for twenty-five to forty percent of the b…

As used in sections 25-7-411 to 25-7-413, unless the context otherwise requires: (1) Fireplace insert means any wood-burning device designed to be installed in an existing fireplace which meets the Phase III standard, as such term is defined in subsection (2) of this section. (2)…

(1) Methods for reducing wood smoke in the program area may be implemented, as follows: (a) Voluntary financial incentives. The lead air quality planning agency for the Denver metropolitan area shall work with other organizations to establish a program of financial incentives to …

(1) The general assembly hereby declares that it is in the interest of the general public to control the exposure of the general public to friable asbestos. It is the intent of the general assembly to ensure the health, safety, and welfare of the public by regulating the practice…

As used in this part 5, unless the context otherwise requires: (1) (a) Area of public access means any building, facility, or property, or a portion thereof, that any member of the general public can enter or can be exposed to asbestos from the area. Area of public access include…

(1) The commission has the following powers and duties: (a) To promulgate rules pursuant to section 24-4-103 regarding the following, as are necessary to implement the provisions of this part 5: (I) Performance standards and practices for asbestos abatement; (II) (A) Determinatio…

(1) (a) (Deleted by amendment, L. 2022.) (b) Any person other than the general abatement contractor who inspects any building, facility, or property for the presence of asbestos, prepares management plans for public and commercial buildings, designs abatement actions in any build…

(1) Any person may apply to the division for a certificate to perform asbestos abatement by submitting an application in the form specified by the division and by paying a fee set by the commission. Such application shall include, but shall not be limited to: (a) A description of…

(1) The division shall develop or purchase the examinations administered pursuant to this part 5 for certification under sections 25-7-506, 25-7-506.5, and 25-7-507 and shall set the passing scores on all such examinations based on a minimum level of competency in the procedures …

(1) Any individual may apply to the division to be certified as a trained supervisor by submitting an application in the form specified by the division and paying a fee set by the commission. Within fifteen days after receiving an application, the division shall notify the applic…

(1) No person may perform air monitoring or air monitoring specialist activities for asbestos, as set forth in rules promulgated by the commission, including visual clearance inspections of an asbestos abatement project, without first obtaining a certificate pursuant to this sect…

Pursuant to the federal “Asbestos Hazard Emergency Response Act of 1986”, Public Law 99-519, codified at 15 U.S.C. sec. 2641 et seq., as amended, and the federal “Asbestos School Hazard Abatement Reauthorization Act of 1990”, Public Law 101-637, as amended, the division shall cer…

(1) Any certificate issued pursuant to this part 5 that has lapsed shall be deemed to have expired. (2) (a) A certificate issued pursuant to this part 5 may be renewed prior to expiration upon payment of a renewal fee set by the commission. (b) Renewal of a certificate may be mad…

(1) When an application for certification pursuant to section 25-7-505, 25-7-506, 25-7-506.5, 25-7-507, or 25-7-507.5 is denied by the division, the applicant may contest the decision of the division by requesting a hearing before the office of administrative courts. A request fo…

Inasmuch as uniformity in the regulation of asbestos abatement practices and uniformity in the qualifications and certification of persons performing asbestos abatement is a matter of statewide concern, no certification or licensing of asbestos abatement projects nor any examinat…

(1) Except as otherwise provided in subsection (2) of this section, a local government entity with authority to issue building permits shall require a property owner applying for either a permit to renovate property or a permit to demolish property to disclose, on the permit appl…

(1) (a) The fees required pursuant to this part 5 shall be established pursuant to rules and regulations promulgated by the commission. (b) The commission shall adjust the fees so that the revenue generated from such fees is sufficient to cover the division's direct and indirect …

(1) Whenever the division has reason to believe that any person has violated any of the provisions of this part 5 or the rules and regulations promulgated thereunder, the division may issue a notice of violation and cease-and-desist order. The notice of violation shall set forth …

(1) The division may, in the name of the people of the state of Colorado, through the attorney general of the state of Colorado, apply for an injunction in any court of competent jurisdiction: (a) To enjoin any person from committing any act prohibited by the provisions of this p…

The commission shall promulgate rules governing refresher training programs for persons who conduct asbestos abatement activities. Such programs shall not exceed the requirements of refresher training mandated under the federal Asbestos Hazard Emergency Response Act of 1986, Pub.…

This part 5 is repealed, effective September 1, 2027. Before the repeal, the functions of the division under this part 5 are scheduled for review in accordance with section 24-34-104. Source: L. 87: Entire part R&RE, p. 1151, � 1, effective July 1. L. 88: Entire section amended, …

The general assembly hereby declares that the state's effort to mitigate traffic congestion and promote clean air will be served by providing clean air transit options to state employees. Source: L. 96: Entire part added, p. 853, � 1, effective May 23.

As used in this part 9, unless the context otherwise requires: (1) State agency means any department, board, bureau, commission, institution, or other agency of the state, including institutions of higher education. (2) State employees means the employees of any state agency. Sou…

Any state agency may provide clean air transit options to state employees of that agency, including, but not limited to, the use of available mass transit. The financing of any transit option offered by a state agency to state employees shall be from existing appropriations to th…

As used in this part 10, unless the context otherwise requires: (1) Action plan means the statewide action plan created by the division in accordance with section 25-8-1004. (2) Colorado EnviroScreen means the environmental justice mapping tool developed and administered by the d…

(1) Testing program. (a) By July 1, 2024, the division shall develop and begin conducting a program to test the quality of finished water at mobile home parks. The testing program is in addition to any other testing performed pursuant to this article 8. The division may contract …

(1) If testing conducted in accordance with the testing program identifies a water quality issue in finished water, the division shall: (a) Perform or require additional testing, if necessary, of the finished water or water supply at the park, and this testing may include continu…

(1) By March 1, 2026, the division shall develop an action plan to address and improve water quality in mobile home parks. The action plan must comply with subsection (3) of this section. (2) In developing the action plan, the division shall: (a) Conduct outreach to park resident…

(1) (a) The mobile home water quality grant program is created to provide grants to park owners, nonprofit entities, and local governments to address water quality issues and wastewater problems in mobile home parks. (b) Grant recipients may use the money received through the gra…

(1) The mobile home park water quality fund is created in the state treasury. The fund consists of money credited to the fund in accordance with section 25-8-1007 (3) and any other money that the general assembly may appropriate or transfer to the fund. (2) The state treasurer sh…

(1) The division has authority to test and require remediation of park finished water, regardless of the type of water source. (2) The division shall, as necessary to address a park's water quality issues, issue a cease-and-desist order for a violation of this part 10 in accordan…

This part 10 does not affect or supersede the protections granted to park residents pursuant to other statutes, including article 12 of title 38. If a court determines that a provision of this part 10 conflicts with a provision of article 12 of title 38, the court shall apply the…

This article shall be known and may be cited as the Colorado Water Quality Control Act. Source: L. 81: Entire article R&RE, p. 1310, � 1, effective July 1.