25-8-601. Division to be notified of suspected violations and accidental discharges - penalty.

Statute text

(1) Any person or any agency of the state or federal government may apply to the division to investigate and take action upon any suspected or alleged violation of any provision of this article or of any order, permit, or regulation issued or promulgated under authority of this article.

(2) Any person engaged in any operation or activity which results in a spill or discharge of oil or other substance which may cause pollution of the waters of the state contrary to the provisions of this article 8, as soon as the person has knowledge thereof, shall notify the division of such discharge. Any person who fails to notify the division as soon as practicable commits a class 2 misdemeanor and shall be punished by a fine of not more than ten thousand dollars. Notification received pursuant to this subsection (2) or information obtained by the exploitation of such notification shall not be used against any such person in a criminal case except prosecution for perjury, for false swearing, or for failure to comply with a clean-up order issued pursuant to section 25-8-606.

(3) Any penalty collected under this section shall be credited to the general fund.

History

Source: L. 81: Entire article R&RE, p. 1332, 1, effective July 1. L. 83: (3) amended, p. 1080, 4, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3237, 465, effective March 1, 2022.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Liabilities of Nonoperating Mineral Interest Owners", see 51 U. Colo. L. Rev. 153 (1980). For article, "Regulation of Spills of Hazardous Materials", see 12 Colo. Law. 277 (1983).

Applied in National Wildlife Fed'n v. Cotter Corp., 646 P.2d 393 (Colo. App. 1981).