5 Colo. Code Regs. § 1001-2-III

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-2-III - (State Only) Civil Penalties

III.A.

As specified in Colorado Revised Statutes (CRS), § 25-7-122 (July 2, 2020), any person who violates any requirement or prohibition of an applicable emission control regulation of the Commission; the state implementation plan; a construction permit; an operating permit, including failure to obtain a permit, to operate in compliance with any term or condition of the permit, or to pay any permitting fees; commits a violation of the accidental release prevention program; any provision for the prevention of significant deterioration under CRS, § 25-7-201 et seq.; any provision related to attainment under CRS, § 25-7-301 et seq.; or any provision of CRS, §§ 25-7-105, 25-7-106, 25-7-106.3, 25-7-108, 25-7-109, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414 may be subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each day of the violation.

III.B. Annual adjustment

III.B.1. Beginning in 2021, the Commission shall, by rule, annually adjust the amount of the maximum civil penalty based on the percentage change in the United States Department of Labor's Bureau of Labor Statistics Consumer Price Index for Denver-Aurora-Lakewood for all items and all urban consumers (CPI), or its successor index.

III.B.2. The annual adjustment is based on the percentage by which the CPI for July of the current year exceeds the CPI for July of the previous year.

III.B.3. Based on the percentage change in the CPI from year to year, the maximum civil penalty per day for each day of the violation and effective date are specified in Table 1.

Table 1 - Maximum civil penalty
Date	CPI	Change in CPI	Maximum Civil Penalty	Penalty Effective Date
July 2020	275.589	Not applicable	$47,357	July 2, 2020
July 2021	285.268	3.512%	$49,020	January 1, 2022
July 2022	308.728	8.224%	$53,051	February 14, 2023
July 2023	323.298	4.719%	$55,554	January 1, 2024
July 2024	329.418	1.893%	$56,606	January 1, 2025

5 CCR 1001-2-III

38 CR 24, December 25, 2015, effective 1/14/2016

44 CR 22, November 25, 2021, effective 12/15/2021

46 CR 02, January 25, 2022, effective 2/14/2023

46 CR 21, November 10, 2023, effective 12/15/2023

47 CR 22, November 25, 2024, effective 12/15/2024