Colorado § 30-20-1405.5 - Waste tire administration fund - creation - clean up - reimbursement - penalties - rules.

§ 30-20-1405.5. Waste tire administration fund - creation - clean up - reimbursement - penalties - rules.

(1) (a) There is created in the state treasury the waste tire administration fund, referred to in this section as the "fund".

(b) The fund consists of the waste tire administration fee revenue credited to the fund pursuant to section 30-20-1403 (3)(b) and any other money appropriated or transferred to it.

(c) Money credited to the fund is continuously appropriated to the department for the purposes set forth in subsection (2) of this section.

(2) The department may use the money in the fund for the reasonable direct and indirect costs of conducting the regulatory and administrative functions of the department in implementing this part 14, including:

(a) Inspecting new motor vehicle tire and new trailer tire retailers to determine whether all fees are being collected;

(b) Enforcing the requirements of this part 14 pursuant to existing authority, including sections 30-20-113 and 30-20-114;

(c) Developing a system to address the receipt by registered persons of unmanifested waste tires from unregistered waste tire haulers;

(d) Maintaining an online complaint form and process for law enforcement, fire departments, and citizens to report potential waste tire violations;

(e) Reimbursing the division of fire prevention and control in the department of public safety for:

(I) Inspections of facilities where waste tires are present conducted by the division of fire prevention and control to determine whether the waste tire collection facilities, waste tire processors, and waste tire monofills are in compliance with the rules promulgated by the director of the division pursuant to section 24-33.5-1203.5 (2); and

(II) Technical and other assistance the division of fire prevention and control provides to the department or the public related to waste tires, including assistance related to:

(A) The development of fire prevention education materials; and

(B) Review of fire prevention plans;

(f) Registering and regulating waste tire haulers, waste tire generators, used tire managers, waste tire collection facilities, waste tire processors, mobile processors, waste tire monofills, and end users in accordance with sections 30-20-1408 to 30-20-1417;

(g) Providing grants to law enforcement, fire departments, local health departments, state agencies, and any other applicable entities for purchasing equipment and supplies to implement this part 14;

(h) Training of and enforcement by entities that enforce this part 14;

(i) Awarding grants and developing educational programs for enforcement, fire prevention and suppression, proper waste tire management and disposal, training, and customer technical assistance; and

(j) Any other regulatory or administrative costs related to the department's authority and duties in implementing this part 14.

(3) If the department is denied access or if consent to access has not been given to clean up a site where the department reasonably believes waste tires exist illegally, the department may obtain from the district court for the judicial district in which the property is located a warrant to enter the property and remove the waste tires.

(4) (a) In addition to any penalties assessed, the department may issue an order requiring the owner or operator to compensate the department for the cost of remediation of the site, and the department may request the attorney general to bring suit for compensation from the owner or operator for money expended remediating the site. The department shall use the recovered money to reimburse the fund for actual costs of remediating the site and of seeking compensation pursuant to this section. The state treasurer shall credit all additional money to the general fund.

(b) The department may place a lien on a property on which the department funds the remediation of waste tires pursuant to this section until the costs of remediation have been repaid to the department. If complete repayment has not been made before a sale of the property, the department shall be repaid in full, to the extent possible, from proceeds of the sale.

Source: L. 2024: Entire section added, (SB 24-123), ch. 444, p. 3106, § 6, effective July 1, 2025.