2021 Colorado Code
Title 25 - Public Health and Environment
Article 15 - Hazardous Waste
Part 2 - Hazardous Waste Disposal Sites
§ 25-15-207. Judicial Review

1. The award, denial, revocation, or suspension of a certificate of designation by the board of county commissioners or by the governing body of the municipality shall be subject to judicial review in the district court for the judicial district in which the hazardous waste disposal site is located or is proposed to be located. Any request for such judicial review must be made within thirty days of such award, denial, revocation, or suspension. If the court finds no error, it shall affirm the action. If the court finds that the action is arbitrary and capricious, not in accord with the procedures or procedural limitations of this part 2, unsupported by substantial evidence when the record is considered as a whole, or otherwise contrary to law, then the court shall hold unlawful and set aside the action and remand the case to the board of county commissioners or to the governing body of the municipality for further proceedings as may be appropriate.
2. In the case of any action or decision of the council or department pursuant to section 25-15-206, judicial review shall be in the district court for the judicial district within which the hazardous waste disposal site is or may be located and shall be in accordance with section 24-4-106, C.R.S.

History. Source: L. 81: Entire article R&RE, p. 1349, § 1, effective July 1. L. 83: Entire section amended, p. 1093, § 11, effective June 3. L. 2005: (2) amended, p. 285, § 29, effective August 8.

Substantial evidence standard. Judicial review pursuant to the Hazardous Waste Siting Act, when pursuant to the “substantial evidence” standard, requires more than merely some evidence in some particulars to affirm the board's decision. Whelden v. Bd. of County Comm'rs, 782 P.2d 853 (Colo. App. 1989).