(1) Upon application of the division, the division may collect penalties as determined under this article 7 by instituting an action in the district court for the district in which the air pollution source affected is located, in accordance with the following provisions:
(Deleted by amendment, L. 92, p. 1220, § 23, effective July 1, 1992.)
Any person who violates any requirement or prohibition of an applicable emissioncontrol regulation of the commission, the state implementation plan, a construction permit, any provision for the prevention of significant deterioration under part 2 of this article 7, any provision related to attainment under part 3 of this article 7, or section 25-7-105, 25-7-106, 25-7106.3, 25-7-108, 25-7-109, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 257-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405, 42-4-406, 42-4407, 42-4-409, 42-4-410, or 42-4-414 is subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each day of the violation; except that:
On or before December 31, 2021, the commission shall, by rule, annually adjust theamount of the maximum civil penalty based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-AuroraLakewood for all items and all urban consumers, or its successor index; and
Civil penalties shall not be assessed or collected against persons who violate emission regulations promulgated by the commission for the control of odor until a compliance order issued pursuant to section 25-7-115 and ordering compliance with the odor regulation has been violated.
Any person failing to comply with the provisions of section 25-7-114.1 shall be subject to a civil penalty of not more than five hundred dollars.
Any person who violates any requirement, prohibition, or order respecting an operating permit issued pursuant to section 25-7-114.3, including failure to obtain such a permit, to operate in compliance with any term or condition of the permit, or to pay the permit fee required under section 25-7-114.7 (2), or who commits a violation of section 25-7-109.6 is subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each violation; except that, on or before December 31, 2021, the commission shall, by rule, annually adjust the amount of the maximum civil penalty based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
Any person who violates any provision of section 25-7-139 shall be subject to a civilpenalty of not more than one thousand dollars.
Any person who owns or operates storage tanks at a gasoline dispensing facility, asdefined by regulations promulgated by the air quality control commission, who violates any requirement to maintain a vapor collection system pursuant to air quality control regulations shall be subject to a civil penalty of not more than fifteen thousand dollars per day for each day of such a violation.
Any person who owns or operates a gasoline dispensing facility, as defined by regulations promulgated by the air quality control commission, who violates any requirement to maintain records required pursuant to air quality control commission regulations and the air pollution control division shall be subject to a civil penalty of not more than five thousand dollars. For a second violation, the civil penalty shall be not more than ten thousand dollars. For a third or subsequent violation, the civil penalty shall be not more than fifteen thousand dollars.
The division, in consultation with stakeholders from gasoline dispensing facilitiesand gasoline transport truck companies, as defined by regulations promulgated by the air quality control commission, shall develop design, operation, and maintenance guidelines by June 30, 2021. The guidelines will assist owners and operators of gasoline dispensing facilities and gasoline transport trucks in complying with the requirements of air quality control commission regulations.
(2) (a) In determining the amount of any civil penalty, the following factors shall be considered:
The violator's compliance history;
Good-faith efforts on behalf of the violator to comply;
Payment by the violator of penalties previously assessed for the same violation;
Duration of the violation;
Economic benefit of noncompliance to the violator;
Impact on, or threat to, the public health or welfare or the environment as a result ofthe violation;
Malfeasance; and
Whether legal and factual theories were advanced for purposes of delay.
(b) In addition to the factors set forth in paragraph (a) of this subsection (2), the following circumstances shall be considered as grounds for reducing or eliminating civil penalties:
The voluntary and complete disclosure by the violator of such violation in a timelyfashion after discovery of the noncompliance;
Full and prompt cooperation by the violator following disclosure of the violationincluding, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts;
The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program;
Substantial economic impact of a penalty on the violator;(V) Nonfeasance; and
(VI) Other mitigating factors.
(c) The imposition of civil penalties may be deferred or suspended where appropriate based on consideration of the factors set forth in this subsection (2).
(3) Notwithstanding any other provision in this section, no action for civil enforcement of this article may be taken where the source has obtained a renewable operating permit and conducts its operations in compliance with the permit terms, as provided in section 25-7-114.4 (3).
Source: L. 79: Entire article R&RE, p. 1044, § 1, effective June 20. L. 84: (1)(a) and (1)(b) amended, p. 775, § 13, effective July 1. L. 92: Entire section amended, p. 1220, § 23, effective July 1. L. 94: (1)(b) amended, p. 1640, § 61, effective May 31; (1)(b) amended, p. 2561, § 67, effective January 1, 1995. L. 2000: (1)(e) added, p. 763, § 2, effective September 1. L. 2003: (1)(b) amended, p. 724, § 4, effective July 1; (1)(b) amended, p. 1026, § 7, effective
August 6. L. 2020: IP(1) amended and (1)(f), (1)(g), and (1)(h) added, (SB 20-218), ch. 141, p.
617, § 4, effective June 29; IP(1), (1)(b), and (1)(d) amended, (HB 20-1143), ch. 219, p. 1081, § 1, effective July 2; IP(1) and (1)(b) amended, (HB 20-1167), ch. 56, p. 193, § 6, effective September 14.
Editor's note: (1) Amendments to subsection (1)(b) by Senate Bill 94-001 and Senate Bill 94-206 were harmonized.
Amendments to subsection (1)(b) by Senate Bill 03-066 and House Bill 03-1053 were harmonized.
(a) Amendments to subsection IP(1) by SB 20-218, HB 20-1143, and HB 20-1167 were harmonized.
(b) Amendments to subsection (1)(b) by HB 20-1143 and HB 20-1167 were harmonized.
(4) Section 5 of chapter 219 (HB 20-1143), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring, including fines assessed, on or after July 2, 2020.