DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-2
PART 1  REGULATIONS PERTAINING TO SOLID WASTE SITES AND FACILITIES
PART A  GENERAL REQUIREMENTS AND INFORMATION CONCERNING ALL SOLID WASTE DISPOSAL SITES AND FACILITIES IN THE STATE OF COLORADO
SECTION 1  ADMINISTRATIVE INFORMATION
1.9  INSPECTIONS - ENFORCEMENT - CIVIL PENALTY

Amendments adopted by the Solid and Hazardous Waste Commission on August 18, 2009:

Amendment of § 1.9.2 to change “Informal Conference” to “Compliance Conference” 
1) Revise Section 1.9.2 to read as follows:
****** 
1.9.2  Enforcement. Whenever the Department determines that any site or facility as well as any property, premises or place where the Department reasonably believes, based on information provided to the Department, discovered by the Department during an inspection, or otherwise in the possession of the Department that solid waste may be located is not or has not been in compliance with the Act, any subsequent rule or regulation, the terms of a certificate of designation issued under Section 30-20-104, C.R.S. or with previously issued Compliance Orders, the Department may issue a Compliance Advisory and/or Compliance Order to such site or facility (the respondent). Further, the Department may request that the Attorney General bring suit for injunctive relief or penalties.
(A)  A Compliance Advisory may be issued when the Department deems it appropriate to notify the respondent that a violation has occurred or is occurring. It shall include the factual basis for the violations. It does not constitute an agency action subject to appeal, but does constitute notice to the respondent of the violation(s).
(1)  Compliance Advisories may be resolved by:
(a)  A Compliance Conference that shall be available to the respondent. The Compliance Conference may be either by telephone, in person or by mail. The respondent shall be given the opportunity to submit additional materials addressing the basis for the Department's belief that a violation has occurred or is occurring.
(b)  A No Violations Letter shall be issued by the Department, if, after receipt of the facility's response, the Department determines that some or all of the violations did not occur. It shall inform the respondent in writing and attach a copy of the correspondence to the Compliance Advisory in the respondent's file.
(c)  A No Further Action Letter shall be issued by the Department to the respondent, if, after the Compliance Conference or submittal of additional information, the Department finds, based upon the available information, that compliance with some or all of the violations in the Compliance Advisory has been achieved. A copy of the No Further Action Letter shall be attached to the Compliance Advisory in the respondent's file.
(i)  A No Further Action letter shall serve to document which violations have been remedied as of the date of issuance of such letter, and shall inform the respondent that no further action regarding those violations is necessary by the respondent to come into compliance with the specified requirements.
(ii)  The issuance of such No Further Action letter shall not preclude the Department from issuing an Administrative Enforcement Action in accordance with Section 1.9.3 below or from bringing a civil action or seeking a civil penalty pursuant to section 30-20-113, C.R.S. for the violations cited in the Compliance Advisory.
(d)  If, in the case of a Compliance Advisory, no Compliance Conference is held or if after the Compliance Conference the Department determines that some or all the violations cited in the Compliance Advisory are correct, it may issue a Compliance Order.
(B)  Administrative Enforcement Actions
(1)  A Compliance Order may be issued whenever the Department finds, based upon information provided to the Department, discovered by the Department during an inspection or otherwise in the possession of the Department, that the respondent is or has been in violation of the Act, any subsequent rule or regulation or any certificate of designation, or previously issued Compliance Order.
(2)  All Compliance Orders shall be served upon the respondent by registered mail, return receipt requested, or via personal service.
(3)  A Compliance Order shall identify the factual and legal elements of each violation. A Compliance Order may be prohibitory or mandatory in effect and may state what steps the respondent must take to prevent or remediate any violations.
(C)  Resolution of Compliance Orders
(1)  A Compliance Conference shall be available to the respondent to whom a Compliance Order has been issued. The Compliance Conference may be either by telephone, in person or by mail.
(2)  The respondent may offer any evidence or argument concerning the existence or gravity of the violations alleged in the Compliance Order at a Compliance Conference.
(3)  The respondent may also discuss the terms of the order and may request further explanation of the violations.
(4)  The respondent need not be represented by legal counsel at the Compliance Conference, although the respondent may choose to do so.
(5)  A respondent's acceptance of an offer for a Compliance Conference does not stay the effectiveness of any provision of a Compliance Order pursuant to 24-4-105, C.R.S. that is specified to be effective immediately unless otherwise agreed to in writing by the Department. Failure to accept an offer to attend a Compliance Conference shall not preclude a respondent from filing an appeal of the Compliance Order.
(6)  Following the Compliance Conference, the Department may reissue the Compliance Order as originally issued, modify the order, or withdraw the order. A modified or reissued Compliance Order shall become effective upon receipt by the respondent unless provided otherwise in such Compliance Order and is subject to appeal in accordance with Section 1.9.3 below.
(7)  Unless otherwise provided for in a Compliance Order, if no Compliance Conference is held or if a Compliance Order is originally issued as fully effective, the Compliance Order shall be subject to appeal in accordance with section 1.9.3 below.
(D)  A No Violations Letter shall be issued by the Department if, after a response from the facility, the Department determines that some or all of the violations did not occur.
(1)  A copy of the No Violations Letter shall be attached to the Compliance Order in the respondent's file.
(E)  A No Further Action Letter shall be sent to the respondent and attached to the Compliance Order in the respondent's file, if, after a Compliance Conference, the Department determines that the facility has come into compliance with respect to some or all of the violations.
(1)  A No Further Action Letter shall serve to document which violations have been remedied as of the date of the letter.
(2)  The issuance of such No Further Action letter shall not preclude the Department from issuing a Compliance Order in accordance with section 1.9.2 above or from bringing a civil action or seeking a civil penalty pursuant to section 30-20-113, C.R.S. for the violations cited in the Compliance Order.
(F)  In accordance with Section 30-20-113(5) (b), C.R.S. of the Act, the Department may settle claims for civil penalties of up to $2000 per violation per day through settlement agreements or compliance orders on consent. Such a settlement may include, but is not limited to, payment or contribution of the penalty amount to state or local agencies or for other environmentally beneficial purposes. Penalties collected by the Department shall be paid to the state treasurer.
******