C.R.S. Section 25-8-609
Criminal pollution

  • penalties

(1)

Any person who recklessly, knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters or into any domestic wastewater treatment works commits criminal pollution if such discharge is made:

(a)

In violation of any permit issued under this article; or

(b)

In violation of any cease-and-desist order or clean-up order issued by the division which is final and not stayed by court order; or

(c)

Without a permit, if a permit is required by the provisions of this article for such discharge; or

(d)

Repealed.

(e)

In violation of any pretreatment regulations promulgated by the commission.

(2)

Prosecution under this section shall be commenced upon request by the division or a peace officer, who must present evidence based on reasonable suspicion to either the attorney general or a district attorney for the district in which an alleged violation occurs. No criminal violation will be charged without probable cause.

(3)

Any person who commits criminal pollution of state waters shall be penalized as follows:

(a)

For a violation committed with criminal negligence or recklessly, as both terms are defined in section 18-1-501, the violator commits a class 2 misdemeanor punishable by a maximum fine of twenty-five thousand dollars per day for each day the violation occurs.

(b)

For a violation committed knowingly or intentionally, as both terms are defined in section 18-1-501, the violator is guilty of a class 5 felony and, notwithstanding section 18-1.3-401, upon conviction thereof, shall be punished by a maximum fine of fifty thousand dollars per day for each day the violation occurs, imprisonment of up to three years, or both.

(c)

If two separate offenses under this article occur in two separate occurrences during a period of two years, the maximum fine for the second offense shall be double the amounts specified in paragraph (a) or (b) of this subsection (3), whichever is applicable.
(d)(Deleted by amendment, L. 2009, (SB 09-119), ch. 223, p. 1009, § 1, effective August 5, 2009.)(4) Any criminal penalty collected under this section shall be credited to the general fund.

(5)

No provision of this article shall be interpreted to supersede, limit, abrogate, or impair the ability to enforce:

(a)

Civil or criminal penalties pursuant to article 22 of title 29, C.R.S., if the pollutant discharged into state waters or domestic wastewater treatment works is a “hazardous substance” as defined in section 29-22-101, C.R.S.; or

(b)

Civil penalties pursuant to section 25-15-309 or criminal penalties pursuant to section 25-15-310 if the pollutant discharged into state waters or domestic wastewater treatment works is a “hazardous waste” as defined in section 25-15-101.

Source: Section 25-8-609 — Criminal pollution - penalties, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑8‑101
Short title
25‑8‑102
Legislative declaration
25‑8‑103
Definitions
25‑8‑104
Interpretation and construction of water quality provisions
25‑8‑105
Regional wastewater management plans - amendments
25‑8‑201
Water quality control commission created
25‑8‑202
Duties of commission - rules
25‑8‑203
Classification of state waters
25‑8‑204
Water quality standards
25‑8‑205
Control regulations
25‑8‑205.3
Exemption from control regulations for graywater research - definition
25‑8‑205.5
Pollution from agricultural chemicals - rules
25‑8‑205.7
Control regulations for reuse of reclaimed domestic wastewater - food crops - definitions - rules
25‑8‑205.8
Control regulations for reuse of reclaimed domestic wastewater - toilet flushing - definitions - rules
25‑8‑205.9
Control regulations for reuse of reclaimed domestic wastewater - industrial hemp - definitions - rules
25‑8‑206
Prior acts validated
25‑8‑207
Review of classifications and standards
25‑8‑208
Emergency rule-making
25‑8‑209
Water quality designations - rules
25‑8‑210
Fees established administratively - rules - stakeholding requirement - phase-in period - clean water cash fund - creation - repeal
25‑8‑301
Administration of water quality control programs
25‑8‑302
Duties of division
25‑8‑303
Monitoring
25‑8‑304
Monitoring, recording, and reporting
25‑8‑305
Annual report - repeal
25‑8‑306
Authority to enter and inspect premises and records
25‑8‑307
Emergencies
25‑8‑308
Additional authority and duties of division - penalties
25‑8‑310
Education program - storm water
25‑8‑401
Authority and procedures for hearings
25‑8‑402
Procedures to be followed in classifying state waters and setting standards and control regulations
25‑8‑403
Administrative reconsideration
25‑8‑404
Judicial review
25‑8‑405
Samples - secret processes
25‑8‑406
Administrative stays - renewal permits
25‑8‑501
Permits required for discharge of pollutants - administration
25‑8‑501.1
Permit required for point source water pollution control - definitions - housed commercial swine feeding operations - legislative declaration
25‑8‑502
Application - definitions - fees - funds created - public participation - repeal
25‑8‑503
Permits - when required and when prohibited - variances
25‑8‑503.5
General permits - process for changing permit requirements
25‑8‑504
Agricultural wastes
25‑8‑505
Permit conditions concerning publicly owned wastewater treatment works
25‑8‑507
Program repeal
25‑8‑508
Industrial pretreatment program - creation - fees
25‑8‑509
Permit conditions concerning use and disposal of biosolids
25‑8‑601
Division to be notified of suspected violations and accidental discharges - penalty
25‑8‑602
Notice of alleged violations
25‑8‑603
Hearing procedures for alleged violations
25‑8‑604
Suspension, modification, and revocation of permit
25‑8‑605
Cease-and-desist orders
25‑8‑606
Clean-up orders
25‑8‑607
Restraining orders and injunctions
25‑8‑608
Civil penalties - rules - fund created - temporary moratorium on penalties for minor violations - definitions - repeal
25‑8‑608.7
Natural disaster grant fund - creation - rules
25‑8‑609
Criminal pollution - penalties
25‑8‑610
Falsification and tampering - penalties
25‑8‑611
Proceedings by other parties
25‑8‑612
Remedies cumulative
25‑8‑613
Limitation on actions
25‑8‑701
Definitions
25‑8‑702
Approval for commencement of construction
25‑8‑801
Definitions
25‑8‑802
Storm water management system administrator
25‑8‑803
Storm water management system administrator audits to support MS4 permittees’ programs
25‑8‑901
Definitions
25‑8‑902
School and child care clean drinking water fund - creation
25‑8‑903
Testing for the presence of lead in drinking water in child care centers, family child care homes, and eligible schools - remediation - maintenance of records - training - inspections - enforcement - reimbursement - technical assistance - exemptions - opt out by family child care home - reports
25‑8‑904
Report and recommendation regarding expansion required - legislative declaration
25‑8‑905
Repeal of part
25‑8‑1001
Definitions
25‑8‑1002
Division duties - testing water quality at mobile home parks - parameters of testing - notice of results
25‑8‑1003
Remediation
25‑8‑1004
Action plan
25‑8‑1005
Mobile home water quality grant program - created - grant application and award process - reporting - funding
25‑8‑1006
Mobile home park water quality fund
25‑8‑1007
Enforcement
25‑8‑1008
This part 10 does not affect other statutory protections
Green check means up to date. Up to date

Current through Fall 2024

§ 25-8-609’s source at colorado​.gov