6 CCR 1007-3-101.3 - JUDICIAL ENFORCEMENT ACTIONS

(a) CIVIL ACTION FOR INJUNCTIVE RELIEF

In accordance with § 25-15-308, C.R.S., whenever the Department finds, based on information provided to the Department, discovered by the Department during an inspection or otherwise in the possession of the Department, that any person is or has been in violation of the Hazardous Waste Requirements the Department may, at any time, commence a civil action for injunctive relief in the district court of the judicial district in which the violation occurs. The Department may file this civil action for injunctive relief in addition to, or as an alternative to, the issuance of a Compliance Advisory under § 101.1(a), a Compliance Order under § 101.2(a), or an Emergency Order under § 101.2(c).

(b) CIVIL ACTION FOR PENALTIES

In accordance with § 25-15-309, C.R.S., the Department may, in lieu of imposing an administrative penalty pursuant to § 101.2(b), seek a civil penalty for each violation of the Hazardous Waste Requirements in the district court of the judicial district in which the violation occurs. The district court may impose a civil penalty of no more than twenty-five thousand dollars per day per violation.

Notes

6 CCR 1007-3-101.3

37 CR 24, December 25, 2014, effective 3/2/2015 38 CR 11, June 10, 2015, effective 6/30/2015 39 CR 05, March 10, 2016, effective 3/30/2016 39 CR 11, June 10, 2016, effective 6/30/2016 40 CR 06, March 25, 2017, effective 4/14/2017 40 CR 11, June 10, 2017, effective 6/30/2017 40 CR 21, November 10, 2017, effective 11/30/2017 41 CR 06, March 25, 2018, effective 4/14/2018 41 CR 11, June 10, 2018, effective 6/30/2018 41 CR 24, December 25, 2018, effective 1/14/2019 42 CR 06, March 25, 2019, effective 4/14/2019 42 CR 06, March 25, 2019, effective 5/30/2019 42 CR 11, June 10, 2019, effective 6/30/2019 43 CR 12, June 25, 2020, effective 7/15/2020 44 CR 06, March 25, 2021, effective 4/14/2021 44 CR 11, June 10, 2021, effective 6/30/2021 44 CR 24, December 25, 2021, effective 1/14/2022 45 CR 11, June 10, 2022, effective 6/30/2022 45 CR 17, September 10, 2022, effective 9/10/2022 45 CR 17, September 10, 2022, effective 9/30/2022 45 CR 23, December 10, 2022, effective 1/30/2023