6 Colo. Code Regs. § 1014-3-3-4.0

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1014-3-3-4.0 - Penalties

4.1 Any person who violates any requirement of these regulations shall be subject to an administrative penalty not to exceed fifteen thousand dollars per day for each violation.

4.2 For any person subject to an administrative penalty as specified in Section 4.1, the amount of the penalty will be determined in accordance with the provisions of § 25-18.5-107 C.R.S. The factors contained in Sections 4.2.1 and 4.2.3 will be used to determine the severity of the violation and establish the base penalty amount. The factors contained in Sections 4.2.2 , 4.2.4 , and 4.2.5 are aggravating factors and may be applied with other factors to increase the penalty amount. The factors contained in Sections 4.2.7 and 4.2.8 are mitigating factors and may be applied with other factors to reduce the penalty amount. The factor contained in Section 4.2.9 may be an aggravating or mitigating factor and may be used to increase or decrease the penalty amount as determined by the Department. The economic benefit factor in Section 4.2.6 will be added to the adjusted penalty to reach the final penalty amount. The existence of multiple violations and the duration of the violation(s) will be considered in assessing a final administrative penalty.

4.2.1 the seriousness of the violation;

4.2.2 whether the violation was intentional, reckless, or negligent;

4.2.3 any impact on, or threat to, public health or environment as a result of the violation;

4.2.4 the violator's degree of recalcitrance;

4.2.5 whether the violator has had a prior violation, if so, the nature and severity of the prior violation;

4.2.6 the economic benefit the violator received as a result of the violation;

4.2.7 whether the violator voluntarily, timely, and completely disclosed the violation before the Department discovered it;

4.2.8 whether the violator fully and promptly cooperated with the Department following disclosure or discovery of the violation; and

4.2.9 any other relevant aggravating or mitigating circumstances.

4.3 The Department may compromise, mitigate, or remit any administrative penalty as justified by written documentation. The Department may enter into a settlement agreement regarding any administrative penalty or claim. The settlement agreement may include payment or contribution of moneys to state or local agencies for other environmentally beneficial purposes.

4.4 At the request of the Department, the Attorney General may institute a civil action to collect any administrative penalty imposed pursuant to these regulations.

6 CCR 1014-3-3-4.0

37 CR 22, November 25, 2014, effective 12/15/2014