(1) The general assembly finds, determines, and declares:
That the protection of the public from the dangers of hazardous substance incidentsoccurring on private property, other than residential or agricultural property, is a matter of statewide concern;
That, without the provisions of this section, such protection is inadequate; and
That the provisions of this section are enacted in the exercise of the police powers ofthis state for the purpose of protecting the peace, health, safety, and welfare of the people of this state.
(2) (a) Upon the request of the designated emergency response authority, the department of public health and environment, or the local fire department, any person who, in accordance with the following table, possesses the specified quantity, or a quantity in excess of that specified, of any hazard type of hazardous substance on private property shall provide the designated emergency response authority and the waste management division of the department of public health and environment and, when requested, the local fire department with a listing of the maximum quantity of each such hazard type reasonably anticipated to be present on the property at any time:
| Hazard type | Quantity |
|---|---|
| Class A or B explosive | Any quantity |
Class C explosive 50 pounds
Etiological agent Any quantity
Water reactive flammable solid 5 pounds
Pyrophoric material 5 pounds
Organic/inorganic peroxide 50 pounds
Poison A or poison B 100 pounds or 15 gallons
Flammable liquid other than a pyrophoric liquid 700 pounds or 120 gallons
Compressed flammable gas other than 3,000 cubic feet or more liquefied petroleum gases at one atmosphere at
seventy degrees Fahrenheit
Liquefied petroleum gases Any installation exceeding
18,000 gallon water capacity
Oxidizer 200 pounds or 120 gallons
Combustible liquid
Class I 120 gallons
Class II 240 gallons
Class III 500 gallons
Corrosive material 200 pounds or 120 gallons
(unless a lesser amount is specified in 49 Code of Federal Regulations
Part 172.101)
Irritating material 200 pounds or 120 gallons
(b) With respect to the terms listed as hazard types in the table in paragraph (a) of this subsection (2):
"Pyrophoric material" means any material which ignites spontaneously in dry or moist air at or below one hundred thirty degrees Fahrenheit.
The remaining terms shall have the meanings ascribed to them in 49 Code of FederalRegulations Subchapter C as in effect on July 1, 1983.
(c) (I) Any person requested to list pursuant to this subsection (2) shall update such list annually unless the designated response authority, the department of public health and environment, or the local fire department requests an updated list prior to the annual update.
Except as to those authorities designated in paragraph (a) of this subsection (2), allinformation required to be provided under this subsection (2) shall be deemed privileged and shall not be released to any person or organization without the express written consent of the person providing the information.
The person who, without the express written consent required in subparagraph (II) of this paragraph (c), releases information required to be provided by this subsection (2) commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
(d) The requirements of this subsection (2) do not apply to:
Motor fuel products in quantities less than forty-two thousand gallons in undergroundstorage or less than six hundred twenty gallons in one tank or less than one thousand three hundred forty gallons in combination in above ground storage;
Hazardous substances in typical consumer-sized packaging or when being stored orused by a farmer or rancher at a facility used in active agricultural production;
Any person who has specific arrangements with a designated emergency responseauthority for responding to hazardous substance incidents;
Hazardous materials in transportation which are subject to the provisions of parts 1,
2, and 3 of article 20 of title 42, C.R.S.;
The armed forces of the United States or the state militia;
Explosives in forms prescribed by the official United States pharmacopoeia;
The sale, possession, or use of fireworks;
The possession, transportation, and use of small arms ammunition;
The possession, storage, and transportation of not more than fifty pounds of blackpowder and two thousand small arms primers for hand-loading of small arms ammunition for personal use unless otherwise regulated by the local jurisdiction;
The transportation and use of explosives or blasting agents by the United Statesbureau of mines, the federal bureau of investigation, the United States secret service, the United States department of the treasury, or a police or fire department acting in its official capacity;
Special industrial explosive devices which in the aggregate contain less than fiftypounds of explosives.
(3) On or after October 1, 1983, any person failing to comply with the provisions of subsection (2) of this section shall be subject to a civil penalty of not more than one hundred dollars per day for each day during which said violation occurs. Such penalty shall be determined and collected by a court of competent jurisdiction upon an action instituted by the district attorney. Civil penalties collected shall be transmitted to the state treasurer, who shall credit the same to the general fund.
Source: L. 83: Entire article R&RE, p. 1220, § 1, effective July 1. L. 84: (2)(a) and (2)(c) amended, p. 811, § 1, effective July 1. L. 85: (2)(c)(II) amended, p. 1363, § 28, effective June 28. L. 91: (3) amended, p. 721, § 4, effective April 11. L. 94: (2)(a) and (2)(c)(I) amended, p. 2798, § 555, effective July 1. L. 2002: (2)(c)(III) amended, p. 1542, § 284, effective October 1. L. 2003: (2)(d)(IV) amended, p. 2001, § 61, effective May 22. L. 2016: IP(2)(d) and (2)(d)(II) amended, (HB 16-1046), ch. 60, p. 159, § 4, effective March 31.
Editor's note: This section is similar to former § 29-22-107 as it existed prior to 1983.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(c)(III), see section 1 of chapter 318, Session Laws of Colorado 2002.