6 Colo. Code Regs. § 1007-3-101.1
Whenever the Department reasonably believes, based on information provided to the Department, discovered by the Department during an inspection or otherwise in the possession of the Department, that any person is or has been in violation of part 3 of the Colorado Hazardous Waste Act, § § 25-15-301 to 25-15-316, C.R.S., or the Hazardous Waste Regulations, 6 CCR 1007-3, permits or orders issued pursuant thereto, hereinafter collectively referred to as the "Hazardous Waste Requirements," the Department may issue a Compliance Advisory to such person. All Compliance Advisories shall be hand delivered or sent to such person by certified or registered mail, return receipt requested. In addition, a copy of all compliance advisories shall be sent to the installation contact identified on EPA form 8700-12 ("Notification of Regulated Waste Activity"), or, where the Department has been notified in writing of a compliance advisory contact, to the compliance advisory contact.
A Compliance Advisory should be issued as soon as possible after the Department obtains the information which is the basis for the Department's belief that a violation has occurred or is occurring. A Compliance Advisory shall include a brief statement regarding the basis for the Department' s belief that a violation has occurred or is occurring and shall serve as notice to such person of the matters addressed therein.
A Compliance Advisory may be prohibitory or mandatory in nature and may state what actions, including corrective action to prevent or remediate any releases of hazardous waste or hazardous constituents, such person may undertake to comply with the Hazardous Waste Requirements. A Compliance Advisory does not constitute final agency action for purposes of appeal.
Each person to whom a Compliance Advisory is delivered or sent shall be provided an opportunity to confer with the Department on, or submit additional materials addressing, the basis for the Department's belief that a violation of the Hazardous Waste Requirements has occurred or is occurring, or the person's subsequent compliance with the Hazardous Waste Requirements.
If, after such conference or submittal, the Department finds that, based on the information presently available, some or all of the violations addressed in the Compliance Advisory did not occur, it shall so inform the person in writing and shall attach a copy of such correspondence to the Compliance Advisory in its files.
If, after such conference or submittal, the Department finds that, based on the information presently available, compliance with some or all of the violations addressed in the Compliance Advisory has been achieved, it shall so inform the person in writing and shall attach a copy of such correspondence to the Compliance Advisory in its files.
The issuance of such a No Further Action letter shall not preclude the Department from issuing a compliance order or assessing an administrative penalty pursuant to § 101.2 or bringing a civil action or seeking a civil penalty pursuant to § 101.3 for the violations of the Hazardous Waste Requirements that were addressed therein.
6 CCR 1007-3-101.1