Duties of division.

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(1) The division shall:

  1. Carry out the enforcement provisions of this article, including the seeking of criminalprosecution of violations and such other judicial relief as may be appropriate;

  2. Administer the permit system as provided in part 5 of this article;

  3. Monitor waste discharges and the state waters as provided in section 25-8-303;

  4. Submit an annual report to the commission as provided in section 25-8-305;

  5. Maintain a mailing list of persons requesting notice of actions by the division or bythe commission and notify persons on the list of such actions, for which service the division shall assess a fee to cover the costs thereof;

  6. Review and certify, conditionally certify, or deny requests for certifications under theprovisions of section 401 of the federal act and this article, known as "401 certificates". Conditions attached to the division's certification shall only implement rules which the commission has made applicable to 401 certifications. General or nationwide permits under section 404 of the federal act shall be certified for use in Colorado without the imposition of any additional state conditions. Appeals by an affected entity of a final 401 certification decision of the division shall be heard in accordance with section 24-4-105, C.R.S., of the "State Administrative Procedure Act".

  7. Perform such other duties as may lawfully be assigned to it.

Source: L. 81: Entire article R&RE, p. 1321, § 1, effective July 1. L. 82: (1)(b) amended, p. 625, § 29, effective April 2. L. 85: (1)(f) amended, p. 908, § 6, effective June 4.


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