2018 Colorado Revised Statutes
Title 25 - Public Health and Environment
Environmental Control
Article 7 - Air Quality Control
Part 1 - Air Quality Control Program
§ 25-7-122. Civil penalties

(1) Upon application of the division, penalties as determined under this article may be collected by the division by action instituted in the district court for the district in which is located the air pollution source affected in accordance with the following provisions:

• (a) (Deleted by amendment, L. 92, p. 1220, § 23, effective July 1, 1992.)

• (b) Any person who violates any requirement or prohibition of an applicable emission control regulation of the commission, the state implementation plan, a construction permit, any provision for the prevention of significant deterioration under part 2 of this article, any provision related to attainment under part 3 of this article, or any provision of section 25-7-105, 25-7-106, 25-7-106.3, 25-7-106.8, 25-7-106.9, 25-7-108, 25-7-109, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414, C.R.S., shall be subject to a civil penalty of not more than fifteen thousand dollars per day for each day of such violation; except that there shall be no civil penalties assessed or collected against persons who violate emission regulations promulgated by the commission for the control of odor until a compliance order issued pursuant to section 25-7-115 and ordering compliance with the odor regulation has been violated.

• (c) Any person failing to comply with the provisions of section 25-7-114.1 shall be subject to a civil penalty of not more than five hundred dollars.

• (d) Any person who violates any requirement, prohibition, or order respecting an operating permit issued pursuant to section 25-7-114.3, including but not limited to failure to obtain such a permit or to operate in compliance with any term or condition thereof or to pay the permit fee required under section 25-7-114.7 (2) or commits a violation of section 25-7-109.6 shall be subject to a civil penalty of not more than fifteen thousand dollars per day for each violation.

• (e) Any person who violates any provision of section 25-7-139 shall be subject to a civil penalty of not more than one thousand dollars.

(2) (a) In determining the amount of any civil penalty, the following factors shall be considered:

• (I) The violator's compliance history;

• (II) Good-faith efforts on behalf of the violator to comply;

• (III) Payment by the violator of penalties previously assessed for the same violation;

• (IV) Duration of the violation;

• (V) Economic benefit of noncompliance to the violator;

• (VI) Impact on, or threat to, the public health or welfare or the environment as a result of the violation;

• (VII) Malfeasance; and

• (VIII) Whether legal and factual theories were advanced for purposes of delay.

  • (b) In addition to the factors set forth in paragraph (a) of this subsection (2), the following circumstances shall be considered as grounds for reducing or eliminating civil penalties:

    • (I) The voluntary and complete disclosure by the violator of such violation in a timely fashion after discovery of the noncompliance;

    • (II) Full and prompt cooperation by the violator following disclosure of the violation including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts;

    • (III) The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program;

    • (IV) Substantial economic impact of a penalty on the violator;

    • (V) Nonfeasance; and

    • (VI) Other mitigating factors.

  • (c) The imposition of civil penalties may be deferred or suspended where appropriate based on consideration of the factors set forth in this subsection (2).

(3) Notwithstanding any other provision in this section, no action for civil enforcement of this article may be taken where the source has obtained a renewable operating permit and conducts its operations in compliance with the permit terms, as provided in section 25-7-114.4 (3).