Colorado § 25-17-710 - Violations - enforcement - administrative penalty - injunction.

§ 25-17-710. Violations - enforcement - administrative penalty - injunction.

(1) If the organization, an additional producer responsibility organization, a person administering a plan approved by the executive director pursuant to this part 7, or a producer violates any portion of this part 7, the organization, additional producer responsibility organization, person administering a plan approved by the executive director pursuant to this part 7, or producer is liable for an administrative penalty not to exceed:

(a) For a first violation, an initial penalty of five thousand dollars for the first day of each violation and one thousand five hundred dollars per day for each day the violation continues;

(b) For a second violation committed within twelve months after a prior violation, an initial penalty of ten thousand dollars for the first day of each violation and three thousand dollars per day for each day the violation continues; and

(c) For a third or subsequent violation committed within twelve months after two or more prior violations, an initial penalty of twenty thousand dollars for the first day of each violation and six thousand dollars per day for each day the violation continues.

(2) (a) If the organization, an additional producer responsibility organization, a person administering a plan approved by the executive director pursuant to this part 7, or a producer violates any portion of this part 7, the executive director shall serve by personal service or by certified mail an order that imposes an administrative penalty on the organization, additional producer responsibility organization, person administering a plan approved by the executive director pursuant to this part 7, or producer.

(b) The organization, additional producer responsibility organization, person administering a plan approved by the executive director pursuant to this part 7, or producer may submit a written request for a hearing to the executive director by personal service or by certified mail within thirty-five calendar days after the date of the order imposing an administrative penalty. The commission shall conduct the hearing in accordance with section 24-4-105.

(c) If a request for a hearing is filed, the requirement to pay a penalty is stayed pending a final decision by the commission after a hearing on the merits. The executive director is not precluded from imposing an administrative penalty against the organization, additional producer responsibility organization, person administering a plan approved by the executive director pursuant to this part 7, or producer for subsequent violations of this part 7 committed during the pendency of the stay.

(d) The executive director bears the burden of proof by a preponderance of the evidence in a hearing held pursuant to this section.

(3) The executive director may enter into a settlement agreement with the organization, additional producer responsibility organization, person administering a plan approved by the executive director pursuant to this part 7, or producer assessed an administrative penalty under this section.

(4) The executive director shall transfer any money collected under this section to the state treasurer, who shall credit the money to the Colorado circular communities cash fund created in section 25-16.5-109 (4).

(5) Notwithstanding any law to the contrary, nothing in this part 7:

(a) Creates a private right of action; or

(b) Authorizes enforcement of this part 7 against anyone other than the organization, an additional producer responsibility organization, a person administering a plan approved by the executive director pursuant to this part 7, or a producer.

Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2420, § 1, effective August 10. L. 2024: (4) amended, (HB 24-1449), ch. 192, p. 1130, § 8, effective July 1.