5 Colo. Code Regs. § 1002-21.12

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1002-21.12 - Hearings on Civil Penalties

A. The Division may assess civil penalties as provided in section 608 of the Water Quality Control Act and section 25-1-114.1 C.R.S. of the drinking water statutes.

B. Penalties shall be determined by the Executive Director or his/her designee and may be appealed to the Commission or the Executive Director in accordance with section 21.4 . An appeal to the Executive Director or his/her designee shall be made in writing to the Director of the Water Quality Control Division and shall be postmarked no later than 30 days after the issuance of the penalty determination. An appeal to the Commission shall be made in writing to the office of the Administrator of the Commission and shall be postmarked no later than 30 days after the issuance of the penalty determination. In his/her written appeal the appellant shall also state those objections or mitigating factors which the appellant desires to raise before the Commission or the Executive Director or his/her designee.

C. The Commission or Division, as appropriate, shall conduct such hearings in accordance with section 105 of the APA and section 21.4 of this regulation. In any such hearing the Commission or Division shall not hear evidence for the purpose of determining if the underlying violations have occurred, but may only consider evidence relevant to the appropriateness of the amount of the penalty.

D. Penalties may be collected by the Division by action instituted in a court of competent jurisdiction for collection of such penalties, where payment is not received within 60 days after final agency action assessing the penalties.

5 CCR 1002-21.12

38 CR 07, April 10, 2015, effective 4/30/2015

40 CR 07, April 10, 2017, effective 4/30/2017