(1) Subject to the requirements of subsection (2) of this section, any person having an interest which is or may be adversely affected may commence a civil action on such person's own behalf to compel compliance with the provisions of this article against:
Any person or governmental agency or instrumentality who is alleged to be in violation of any provision of this article or any rule or regulation promulgated or any order or permit issued pursuant to this article; or
The board or office when there is alleged a failure of the board or office to performany act or duty under this article which is not discretionary with the board or office.
(2) No action may be commenced under:
Paragraph (a) of subsection (1) of this section prior to sixty days after the plaintiffhas given notice in writing of the alleged violation, setting forth such matters as the board shall by regulation prescribe, to the attorney general, the board and office, and any alleged violator;
Paragraph (b) of subsection (1) of this section prior to sixty days after the plaintiffhas given notice in writing of the alleged violation, setting forth such matters as the board shall by regulation prescribe, to the board and office and the attorney general; except that such action may be brought immediately after such notification of the alleged failure of the board or office complained of if such failure constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.
(2.5) The board or the office may intervene as a matter of right in any action commenced pursuant to paragraph (a) of subsection (1) of this section to which they are not otherwise a party.
Any action initiated pursuant to this section shall be tried in such county as is provided by the Colorado rules of civil procedure.
The court, in issuing any final order in any action brought pursuant to subsection (1) of this section, may award costs of litigation, including attorney and expert witness fees, to any party, whenever the court determines such award is appropriate. The court shall, if a temporary restraining order or injunction is sought, require the filing of a bond or equivalent security to the extent required by the Colorado rules of civil procedure.
Nothing in this section shall restrict any right which any person or class of personsmay have under any statute or common law to seek enforcement of any of the provisions of this article or the regulations promulgated under this article or to seek any other allowable relief, including relief against the appropriate state agency.
Any person who is injured in person or property through the violation by an operatorof any rule or regulation promulgated or any order or permit issued pursuant to this article may bring an action for damages, including reasonable attorney and expert witness fees, against such operator only in the county where said violation occurred. Nothing in this subsection (6) shall affect the rights established by or limits imposed under the workers' compensation laws of this state.
Source: L. 79: Entire article added, p. 1303, § 1, effective July 1. L. 81: (2.5) added, p. 1684, § 8, effective June 16. L. 87: (2)(b) amended, p. 1273, § 1, effective May 13. L. 90: (6) amended, p. 573, § 70, effective July 1. L. 92: IP(1), (1)(b), (2), and (2.5) amended, p. 1969, § 71, effective July 1.