Colorado § 25-10-113 - Penalties.

§ 25-10-113. Penalties.

(1) Any person who commits any of the following acts or violates this article 10 commits a civil infraction and shall be punished as provided in section 18-1.3-503:

(a) Constructs, alters, installs, or permits the use of any on-site wastewater treatment system without first applying for and receiving a permit as required under this article;

(b) Constructs, alters, or installs an on-site wastewater treatment system in a manner that involves a knowing and material variation from the terms or specifications contained in the application, permit, or variance;

(c) Violates the terms of a cease-and-desist order that has become final under section 25-10-106 (1)(k);

(d) Conducts a business as a systems contractor without having obtained the license provided for in section 25-10-109 (1) in areas in which the local board of health has adopted licensing regulations pursuant to that section;

(e) Conducts a business as a systems cleaner without having obtained the license provided for in section 25-10-109 (2) in areas in which the local board of health has adopted licensing regulations pursuant to that section;

(f) Falsifies or maintains improper record keeping concerning system cleaning activities not performed or performed improperly; or

(g) Willfully fails to submit proof of proper maintenance and cleaning of a system as required by rules adopted pursuant to section 25-10-106.

(2) Upon a finding by the local board of health that a person is in violation of this article or of rules adopted and promulgated pursuant to this article, the local board of health may assess a penalty of up to fifty dollars for each day of violation. In determining the amount of the penalty to be assessed, the local board of health shall consider the seriousness of the danger to the health of the public caused by the violation, the duration of the violation, and whether the person has previously been determined to have committed a similar violation.

(3) A person subject to a penalty assessed pursuant to subsection (2) of this section may appeal the penalty to the local board of health by requesting a hearing before the appropriate body. The request must be filed within thirty days after the penalty assessment is issued. The local board of health shall conduct a hearing upon the request in accordance with section 24-4-105, C.R.S.

Source: L. 97: Entire article amended with relocations, p. 133, § 1, effective July 1. L. 2002: IP(1) amended, p. 1537, § 269, effective October 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 493, § 1, effective August 8. L. 2021: IP(1) amended, (SB 21-271), ch. 462, p. 3238, § 468, effective March 1, 2022.

Editor's note: This section is similar to former § 25-10-112 as it existed prior to 1997.

Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

ARTICLE 11

Radiation Control

PART 1

GENERAL PROVISIONS

25-11-101. Definitions.

25-11-101.5. Coordination of regulatory interpretations regarding in situ leach uranium mining.

25-11-102. Agreements for transfer of functions from federal government to state government.

25-11-103. Radiation control agency - powers and duties.

25-11-104. Rules to be adopted - fees - fund created - definitions.

25-11-105. Radiation advisory committee. (Repealed)

25-11-105.5. Mammography quality assurance advisory committee - repeal. (Repealed)

25-11-106. Injunction proceedings.

25-11-107. Prohibited acts - violations - penalties - rules - cease-and-desist orders.

25-11-108. Exemptions.

25-11-109. Provisional license. (Repealed)

25-11-110. Financial assurance warranties - definitions.

25-11-111. Forfeiture of decommissioning warranties - use of funds.

25-11-112. Forfeiture of long-term care warranty - use of funds.

25-11-113. Forfeitures - deposit - radiation control - decommissioning fund - long-term care fund.

25-11-114. Legislative declaration - public education regarding radon gas - assistance to low-income individuals for radon mitigation in their homes.

PART 2

URANIUM OR THORIUM FACILITIES

25-11-201. Definitions - scope.

25-11-202. Disposal of foreign radioactive waste prohibited.

25-11-203. Approval of facilities, sites, and shipments for disposal of radioactive waste.

PART 3

DISPOSAL OF URANIUM MILL TAILINGS

25-11-301. Legislative declaration.

25-11-302. Terms defined.

25-11-303. Authorization to participate - implementation.

25-11-304. Financial participation.

25-11-305. Restriction - termination.

PART 1

GENERAL PROVISIONS