In accordance with § 25-15-308, C.R.S., whenever the Department finds, 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 the Hazardous Waste Requirements the Department may issue a Compliance Order to such person requiring the person to comply with the Hazardous Waste Requirements. All Compliance Orders shall be served upon such person by personal service or certified or registered mail, return receipt requested.
A Compliance Order shall identify the factual and legal elements of each violation with particularity. A Compliance Order may be prohibitory or mandatory in effect and may state what actions, including corrective action to prevent or remediate any releases of hazardous waste or hazardous constituents to the environment, such person must undertake to comply with the Hazardous Waste Requirements. The Department may issue a Compliance Order in addition to, or as an alternative to, the issuance of a Compliance Advisory under § 101.1(a).
In accordance with § 25-15-309, C.R.S., the Department may assess an administrative penalty of no more than fifteen thousand dollars per day for each violation of the Hazardous Waste Requirements. A Compliance Order may, but need not, contain an administrative penalty assessment for the violations of the Hazardous Waste Requirements. The Department may assess an administrative penalty for the violations of the Hazardous Waste Requirements by separate order served upon such person by personal service or certified or registered mail, return receipt requested.
In accordance with § 25-15-301, C.R.S., whenever the Department finds, based on information provided to the Department, discovered by the Department during an inspection or otherwise in the possession of the Department, that an emergency involving hazardous waste exists, which presents an immediate and substantial threat to the public health and safety or the environment, the Department may issue an Emergency Order for the protection of public health and safety or the environment. All Emergency Orders shall be served upon such person by personal service or certified or registered mail, return receipt requested.
An Emergency Order shall identify the immediate and substantial threat to public health and safety or the environment with particularity and shall state what actions, including corrective actions to prevent or remediate any releases of hazardous waste or hazardous constituents to the environment, such person must undertake to abate the emergency and protect public health and safely or the environment. The Department may issue an Emergency Order in addition to, or as an alternative to, the issuance of a Compliance Advisory under § 101.1(a) or a Compliance Order under § 101.2(a).
6 CCR 1007-3-101.2