Colorado § 29-22-101 - Definitions.

§ 29-22-101. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Hazardous substance" means any substance, material, waste, or mixture designated as a hazardous material, waste, or substance according to 49 Code of Federal Regulations Part 172, as amended, or by section 18-13-112 (2)(b), C.R.S., or as designated pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" (Pub.L. 96-510) as in effect July 1, 1983.

(2) (a) "Hazardous substance incident" means any emergency circumstance involving the sudden discharge of a hazardous substance which threatens immediate and irreparable harm to the environment or the health and safety of any individual other than individuals exposed to the risks associated with hazardous substances in the normal course of their employment. "Hazardous substance incident" includes those incidents of spilling, dumping, or abandonment of a hazardous substance, whether or not such spilling, dumping, or abandonment is found to threaten immediate and irreparable harm, but such term does not include any discharge of a hazardous substance authorized pursuant to any federal, state, or local law or regulation. "Hazardous substance incident" includes those incidents which occur during transportation of a hazardous substance, in which a spill does not occur during the incident but is threatened prior to or during the cleanup period.

(b) As used in this section, "abandonment" means the act of leaving a thing with the intent not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.

(3) "Person" means any individual, public or private corporation, partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

(4) "Private property" means any property under the control, management, or operation of any person other than a governmental agency.

Source: L. 83: Entire article R&RE, p. 1216, § 1, effective July 1. L. 92: (2)(a) amended, p. 1338, § 1, effective May 29. L. 93: (2)(a) amended, p. 1739, § 33, effective July 1.

Editor's note: This section is similar to former § 29-22-101 as it existed prior to 1983.

Cross references: For the legislative declaration contained in the act amending subsection (2)(a) in 1993, see section 41 of chapter 292, Session Laws of Colorado 1993.

ANNOTATION

Law reviews. For article, "Local Governments and the Environment: Part I, CERCLA", see 17 Colo. Law. 1997 (1988). For article, "Local Governments and the Environment: Part II, RCRA", see 17 Colo. Law. 2159 (1988).