C.R.S. Section 25-15-310
Criminal offenses

  • penalties

(1)

On or after the date specified in section 25-15-102 (3), no person shall:

(a)

Transport or cause to be transported any hazardous waste identified or listed pursuant to this article to a facility which does not have a permit under this article or the federal act;

(b)

Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article either without having obtained a permit as required by this article or the federal act or in knowing violation of any material condition or requirement of a permit or interim status requirement;

(c)

Omit any material information or make any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article or with the federal act or regulations promulgated under this article or the federal act;

(d)

Destroy, alter, or conceal any record required to be maintained or fail to file any record required to be filed under regulations promulgated by the commission under this part 3 or pursuant to the federal act; or

(e)

Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article in violation of any material condition or requirement of a permit or interim status requirement.

(2)

Except as provided in section 18-13-112, 29-22-108, or 42-20-113, C.R.S., any person acting with criminal negligence as defined in section 18-1-501 (3), C.R.S., who violates any of the provisions of paragraph (a), (c), (d), or (e) of subsection (1) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation. If such conviction is for a violation committed after a previous conviction under this subsection (2), the maximum fine shall be doubled.

(3)

Any person who knowingly, as defined in section 18-1-501 (6), C.R.S., violates any of the provisions of paragraph (a), (b), (c), or (d) of subsection (1) of this section is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than fifty thousand dollars for each day of violation, or by imprisonment not to exceed four years, or by both such fine and imprisonment. If said conviction is for a violation committed after a previous conviction of such person under this subsection (3), the maximum punishment shall be doubled with respect to both fine and imprisonment.
(4)(a)(Deleted by amendment, L. 92, p. 1252, § 12, effective August 1, 1992.)(b) Any generator who otherwise stores waste on-site in compliance with the requirements of 6 CCR 1007-3, section 262.34 (a), as those requirements exist on July 1, 1988, but who knowingly exceeds the ninety-day storage period or any extension thereof is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in subsection (2) of this section.

(5)

The court shall consider the factors contained in paragraphs (a) to (i) of this subsection (5) in determining the amount of any criminal sanction to be imposed pursuant to this article. The factors contained in paragraphs (f), (g), and (h) of this subsection (5) shall be mitigating factors and may be applied, together with other factors, to reduce or eliminate sanctions or penalties. Such factors are:

(a)

The seriousness of the violation;

(b)

Whether the violation was intentional, reckless, or negligent;

(c)

The impact upon or the threat to the public health or the environment as a result of the violation;

(d)

The degree, if any, of recalcitrance or recidivism upon the part of the violator;

(e)

The economic benefit realized by the violator as a result of the violation;

(f)

The voluntary and complete disclosure by the violator of such violation in a timely fashion after discovery and prior to the department’s knowledge of the violation, provided that all reports required pursuant to state environmental law have been submitted as and when otherwise required;

(g)

Full and prompt cooperation by the violator following disclosure of a violation, including, when appropriate, entering into in good faith and implementing a legally enforceable agreement to undertake compliance and remedial efforts;

(h)

The existence of a regularized and comprehensive environmental compliance program or an environmental audit program that was adopted in a timely and good-faith manner and that includes sufficient measures to identify and prevent future noncompliance; and

(i)

Any other aggravating or mitigating circumstances.

Source: Section 25-15-310 — Criminal offenses - penalties, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑15‑101
Definitions
25‑15‑102
Effective dates
25‑15‑103
Technical assistance
25‑15‑104
Disposal service
25‑15‑200.1
Short title
25‑15‑200.2
Legislative declaration
25‑15‑200.3
Definitions
25‑15‑201
Certificate required - disposal prohibited - exceptions
25‑15‑202
Application for certificate - review by department and Colorado geological survey - hearing
25‑15‑203
Grounds for approval
25‑15‑204
Certificate
25‑15‑205
Permit required for operation - burial of liquids prohibited
25‑15‑206
Substantial change in ownership, design, or operation
25‑15‑206.5
Revocation or suspension of certificate
25‑15‑207
Judicial review
25‑15‑208
Commission to promulgate rules and regulations - limitations
25‑15‑209
Inventory required
25‑15‑209.5
Inspection required
25‑15‑209.6
Performance audits
25‑15‑210
Sites deemed public nuisance - when
25‑15‑211
Violation - criminal penalty
25‑15‑212
Violation - civil penalty - reimbursement of costs
25‑15‑213
County or municipal hazardous waste disposal site fund - tax - fees
25‑15‑214
Hazardous waste disposal site fund - fees
25‑15‑215
Contracts with governmental units authorized
25‑15‑216
Colorado geological survey to designate optimally suitable areas
25‑15‑219
Department to study need for disposal sites and feasibility of alternative technologies
25‑15‑301
Powers and duties of department
25‑15‑301.5
Additional powers of department - legislative declaration - report
25‑15‑302
Solid and hazardous waste commission - creation - membership - rules - fees - administration - definitions
25‑15‑303
Requirements for hazardous waste treatment, storage, and disposal sites and facilities - permits
25‑15‑304
Hazardous waste service fund created
25‑15‑305
Judicial review
25‑15‑306
Local control of facilities - authorization by department - allocation of fees
25‑15‑307
Coordination with other programs
25‑15‑308
Prohibited acts - enforcement
25‑15‑309
Administrative and civil penalties
25‑15‑310
Criminal offenses - penalties
25‑15‑311
Disposition of fines and penalties
25‑15‑313
Right to claim reimbursement
25‑15‑314
Solid and hazardous waste commission funding
25‑15‑315
Solid and hazardous waste commission fund - creation
25‑15‑316
Prior acts validated and rules continued
25‑15‑317
Legislative declaration
25‑15‑318
Nature of environmental covenants
25‑15‑318.5
Nature of a notice of environmental use restrictions
25‑15‑319
Contents of environmental covenants and notices of environmental use restrictions
25‑15‑320
Environmental covenants - when required - waiver
25‑15‑321
Creation, modification, and termination of an environmental covenant
25‑15‑321.5
Notice of environmental use restrictions - creation, modification, and termination
25‑15‑322
Enforcement - remedies
25‑15‑323
Registry of environmental covenants and notices of environmental use restrictions
25‑15‑324
Coordination with affected local governments
25‑15‑325
Other interests not impaired
25‑15‑326
Validation
25‑15‑327
Applicability
25‑15‑328
Household medication take-back program - creation - collection and disposal of medication injection devices - liability - definitions - cash fund - rules
25‑15‑401
Legislative declaration
25‑15‑402
Infectious waste - definitions
25‑15‑402.5
Disposition of fetal tissue
25‑15‑403
Generator management plan
25‑15‑404
On-site disinfection
25‑15‑405
Appropriate treatment and disposal - nonliability
25‑15‑406
Penalty
25‑15‑407
Presumption of noninfectiousness
25‑15‑501
Short title
25‑15‑502
Definitions
25‑15‑503
Certificate required - incineration or processing of hazardous waste prohibited - exceptions
25‑15‑504
Application for certificate - review by governing body
25‑15‑505
Grounds for approval
25‑15‑506
Certificate
25‑15‑507
Substantial change in ownership, design, or operation
25‑15‑508
Revocation or suspension of certificate
25‑15‑509
Judicial review
25‑15‑510
Rules - limitations
25‑15‑511
List of hazardous wastes - final inventory
25‑15‑512
Inspections of hazardous waste incinerator or processor sites
25‑15‑513
Violation - criminal penalty
25‑15‑514
Violation - civil penalty - reimbursement of costs
25‑15‑515
Annual fees - commercial hazardous waste incinerator or processor funds
25‑15‑601
Short title
25‑15‑602
Legislative declaration
25‑15‑603
Definitions - repeal
25‑15‑604
Prohibition on the sale or distribution of certain consumer products that contain intentionally added PFAS chemicals - product label requirements for cookware
Green check means up to date. Up to date

Current through Fall 2024

§ 25-15-310’s source at colorado​.gov