Statutes, codes, and regulations
Colorado Administrative Code
Department 400 - Department of Natural ResourcesDivision 404 - Oil and Gas Conservation Commission
Rule 2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 2 CCR 404-1-526 - DETERMINATION OF RESPONSIBLE PARTY

2 Colo. Code Regs. § 404-1-526

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Current through Register Vol. 47, No. 19, October 10, 2024
Section 2 CCR 404-1-526 - DETERMINATION OF RESPONSIBLE PARTY

The Director will have evidence to supports its allegations against an Operator. If the Director initiates an enforcement proceeding against an Operator, the Operator may raise as an affirmative defense that another person is the Responsible Party for the alleged violation. If the Operator raises an affirmative defense that a different person is the Responsible Party, it will provide credible evidence to support its affirmative defense.

a. A hearing may be initiated on the Commission's own motion, upon application, or at the request of the Director to decide Responsible Party status upon at least 21 days' notice to the potentially Responsible Parties.
b. Potentially Responsible Parties will be those persons that have or should have submitted a Form 1, Registration for Oil and Gas Operations, or that have or should have submitted Financial Assurance for Oil and Gas Operations pursuant to requirements of the Commission's 700 Series Rules.
c. Potentially Responsible Parties will provide to the Commission, Director, Administrative Law Judge, or Hearing Officer such information as the Commission, Director, Administrative Law Judge, or Hearing Officer may reasonably require in making such determination.
d. If an Operator raises an affirmative defense that another person is the Responsible Party, the Operator raising the affirmative defense will identify the person alleged to be the Responsible Party, and provide that person with notice concurrent with filing an Answer to an NOAV.
e. The Commission, Administrative Law Judge, or Hearing Officer will make the determination under this section without regard to any contractual or legal disputes between the parties regarding assignments of liability or other legal defenses.
f. Each Responsible Party will be liable only for a proportionate share of any costs imposed under this Rule, and will not be held jointly and severally liable for such costs.
g. The Commission, Administrative Law Judge, or Hearing Officer will find Responsible Party status and mitigation liability if the Responsible Party conducted operations that resulted in or threatened to cause an adverse impact to public health, safety, welfare, the environment, or wildlife resources in contravention of any then applicable provision of the Act or Commission Rule, or order of the Commission, or of any permit.

2 CCR 404-1-526

37 CR 16, August 25, 2014, effective 9/30/2014
38 CR 01, January 10, 2015, effective 2/14/2015
38 CR 03, February 10, 2015, effective 3/2/2015
38 CR 07, April 10, 2015, effective 4/30/2015
38 CR 16, August 25, 2015, effective 9/14/2015
39 CR 04, February 25, 2016, effective 3/16/2016
41 CR 05, March 10, 2018, effective 4/1/2018
41 CR 06, March 25, 2018, effective 5/1/2018
41 CR 23, December 10, 2018, effective 12/30/2018
42 CR 02, January 25, 2019, effective 2/14/2019
42 CR 17, September 10, 2019, effective 9/30/2019
42 CR 24, December 25, 2019, effective 1/14/2020
43 CR 17, September 10, 2020, effective 9/30/2020
43 CR 13, July 10, 2020, effective 11/2/2020
43 CR 24, December 25, 2020, effective 1/15/2021
45 CR 07, April 10, 2022, effective 4/30/2022
45 CR 09, May 10, 2022, effective 5/30/2022
45 CR 13, July 10, 2022, effective 7/30/2022