Colorado Septic System Licensing Law

Colorado Code · 16 sections

The following is the full text of Colorado’s septic system licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 12-105-104

12-105-104. Definitions. As used in this article 105, unless the context otherwise requires:

(1)  Barber means a person who engages in any of the practices of

barbering.

(2)  Barbering means any one or combination of the following practices

when done upon the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the public generally: Shaving or trimming the beard; cutting the hair; giving facial or scalp massage or treatment with oils, creams, or lotions, or other chemical preparations, either by hand or with mechanical appliances; dyeing the hair or applying hair tonic; applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck, or shoulders.

(3)  Barber school means an establishment operated by a person for the

purpose of teaching barbering that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches barbering.

(4)  Barbershop or beauty salon means a fixed establishment, temporary

location, or place in which one or more persons engage in the practice of barbering or cosmetology. The term temporary location includes a motor home as defined in section 42-1-102 (57).

(5)  Beauty school means an establishment operated by a person for the

purpose of teaching cosmetologists, estheticians, hairstylists, and nail technicians that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches cosmetology.

(6)  Cosmetologist means a person who engages in any of the practices of

cosmetology.

(7)  Cosmetology means any one act or practice, or any combination of acts

or practices, not for the treatment of disease, physical illness, or a behavioral, mental health, or substance use disorder, when done for payment either directly or indirectly or when done without payment for the public generally, usually performed by and included in or known as the profession of beauty culturists, beauty operators, beauticians, estheticians, cosmetologists, or hairdressers or of any other person, partnership, corporation, or other legal entity holding itself out as practicing cosmetology by whatever designation and within the meaning of this article 105. In particular, cosmetology includes, but is not limited to, any one or a combination of the following acts or practices: Arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work upon the hair of a person by any means and, with hands or a mechanical or electrical apparatus or appliance or by the use of cosmetic or chemical preparations; manicuring or pedicuring the nails of a person; giving facials, applying makeup, giving skin care, or applying eyelashes involving physical contact with a person; beautifying the face, neck, arms, bust, or torso of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body with the use of antiseptics, tonics, lotions, or creams; removing superfluous hair from the body of a person by the use of depilatories or waxing or by the use of tweezers; and the trimming of the beard.

(8)  Esthetician means any person who engages in any one or more of the

following practices not for the treatment of disease or physical ailments:

(a)  Giving facials, applying makeup, giving skin care, or applying eyelashes,

involving physical contact, to any person;

(b)  Beautifying the face, neck, arms, bust, or torso of the human body by the

use of cosmetic preparations, antiseptics, tonics, lotions, or creams;

(c)  Massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of

the human body by means of the hands, devices, apparatus, or appliances with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams;

(d)  Removing superfluous hair from the body of any person by the use of

depilatories or waxing or by the use of tweezers.

(9)  Hairstyling means providing one or more of the following hair care

services not for the treatment of disease or physical or mental ailments upon the upper part of the human body for cosmetic purposes for payment either directly or indirectly, or when done without payment for the public generally:

(a)  Cleansing, massaging, or stimulating the scalp with oils, creams, lotions,

or other cosmetic or chemical preparations, using the hands or with manual, mechanical, or electrical implements or appliances;

(b)  Applying cosmetic or chemical preparations, antiseptics, powders, oils,

clays, or lotions to the scalp;

(c)  Cutting, arranging, applying hair extensions to, or styling the hair by any

means using the hands or with manual, mechanical, or electrical implements or appliances;

(d)  Cleansing, coloring, lightening, waving, or straightening the hair with

cosmetic or chemical preparations, using manual, mechanical, or electrical implements or appliances;

(e)  Trimming the beard.


(10)  Hairstylist means a person who engages in any of the practices of

hairstyling.

(11)  Manicuring means any one act or practice, or combination of acts or

practices, not for the treatment of disease or physical or mental ailments, when done for direct or indirect payment or when done without payment for the public generally. Manicuring includes, but is not limited to, the filing, buffing, polishing, cleansing, extending, protecting, wrapping, covering, building, pushing, or trimming of nails or any other similar work upon the nails of a person by any means, including the softening of the hands, arms, ankles, or feet of a person by use of hands, a mechanical or electrical apparatus or appliance, cosmetic or chemical preparations, antiseptics, lotions, or creams or by massaging, cleansing, stimulating, manipulating, or exercising the arms, hands, feet, or ankles of a person. Manicuring also includes waxing or the use of depilatories on the leg up to the knee and the waxing or the use of depilatories on the arm up to the elbow.

(12)  Nail technician means a person who engages in the limited practices of

cosmetology known as manicuring. Unless otherwise licensed under this article 105, a nail technician shall not engage in the practice of cosmetology, except manicuring.

(13)  Natural hair braiding means a service that results in tension on hair

strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or with a mechanical device, as long as the service does not include hair cutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair.

(14)  Owner includes any person who has a financial interest in a barbershop

or beauty salon or any other place of business entitling the person to participate in the promotion, management, or proceeds thereof. It does not include a person whose connection with the barbershop, beauty salon, or other place of business entitles the person only to reasonable salary or wages for services actually rendered. The owner of a place of business is the person responsible for registering the place of business with the director.

(15)  Place of business means a fixed establishment, temporary location, or

place, including any mobile barber shop or beauty salon, in which one or more persons engage in the practice of barbering, hairstyling, or cosmetology or practice as a nail technician or an esthetician. The term temporary location includes a motor home as defined in section 42-1-102 (57).

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

819, � 1, effective October 1.

Editor's note: This section is similar to former � 12-8-103 as it existed prior to

2019.

C.R.S. § 12-225-104

12-225-104. Requirement for registration with the division - annual fee - grounds for revocation. (1) Every direct-entry midwife shall register with the division by applying to the director in the form and manner the director requires. The application shall include the information specified in section 12-225-105.

(2)  Any changes in the information required by subsection (1) of this section

shall be reported within thirty days after the change to the division in the form and manner required by the director.

(3)  Every applicant for registration shall pay a registration fee to be

established by the director in the manner authorized by section 12-20-105. Registrations issued pursuant to this article 225 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose registration has expired shall be subject to the penalties provided in this article 225 or section 12-20-202 (1).

(4)  To qualify to register, a direct-entry midwife must have successfully

completed an examination evaluated and approved by the director as an appropriate test to measure competency in the practice of direct-entry midwifery, which examination must have been developed by a person or entity other than the director or the division and the acquisition of which shall require no expenditure of state funds. The national registry examination administered by the Midwives Alliance of North America, or its successor, must be among those evaluated by the director. The director is authorized to approve any existing test meeting all the criteria set forth in this subsection (4). In addition to successfully completing the examination, a direct-entry midwife is qualified to register if the person has:

(a)  Attained the age of nineteen years;


(b)  Earned at least a high school diploma or the equivalent;


(c)  Successfully completed training approved by the director in:


(I)  The provision of care during labor and delivery and during the antepartum

and postpartum periods;

(II)  Parenting education for prepared childbirth;


(III)  Aseptic techniques and universal precautions;


(IV)  Management of birth and immediate care of the mother and the

newborn;

(V)  Recognition of early signs of possible abnormalities;


(VI)  Recognition and management of emergency situations;


(VII)  Special requirements for home birth;


(VIII)  Recognition of communicable diseases affecting the pregnancy, birth,

newborn, and postpartum periods; and

(IX)  Recognition of the signs and symptoms of increased risk of medical,

obstetric, or neonatal complications or problems as set forth in section 12-225-106 (3);

(d)  Acquired practical experience including, at a minimum, experience with

the conduct of at least one hundred prenatal examinations on no fewer than thirty different women and observation of at least thirty births;

(e)  Participated as a birth attendant, including rendering care from the

prenatal period through the postpartum period, in connection with at least thirty births; and

(f)  Filed documentation with the director that the direct-entry midwife is

currently certified by the American Heart Association or the American Red Cross to perform adult and infant cardiopulmonary resuscitation (CPR).

(5)  Effective July 1, 2003, in order to be deemed qualified to register, a

direct-entry midwife must have graduated from an accredited midwifery educational program or obtained a substantially equivalent education approved by the director. The educational requirement does not apply to direct-entry midwives who have registered with the division before July 1, 2003.

(6)  For purposes of registration under this article 225, no credential,

licensure, or certification issued by any other state meets the requirements of this article 225, and therefore there is no reciprocity with other states.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1133, � 1, effective October 1.

Editor's note: This section is similar to former � 12-37-103 as it existed prior

to 2019.

C.R.S. § 12-225-106

12-225-106. Prohibited acts - practice standards - informed consent - emergency plan - risk assessment - referral - rules. (1) A direct-entry midwife shall not dispense or administer any medication or drugs except in accordance with section 12-225-107.

(2)  A direct-entry midwife shall not perform any operative or surgical

procedure; except that a direct-entry midwife may perform sutures of perineal tears in accordance with section 12-225-107.

(3)  A direct-entry midwife shall not provide care to a pregnant woman who,

according to generally accepted medical standards, exhibits signs or symptoms of increased risk of medical or obstetric or neonatal complications or problems during the completion of her pregnancy, labor, delivery, or the postpartum period. Those conditions include but are not limited to signs or symptoms of diabetes, multiple gestation, hypertensive disorder, or abnormal presentation of the fetus.

(4)  A direct-entry midwife shall not provide care to a pregnant woman who,

according to generally accepted medical standards, exhibits signs or symptoms of increased risk that her child may develop complications or problems during the first six weeks of life.

(5) (a)  A direct-entry midwife shall keep appropriate records of midwifery-related activity, including but not limited to the following:


(I)  The direct-entry midwife shall complete and file a birth certificate for

every delivery in accordance with section 25-2-112.

(II)  The direct-entry midwife shall complete and maintain appropriate client

records for every client.

(III)  Before accepting a client for care, the direct-entry midwife shall obtain

the client's informed consent, which shall be evidenced by a written statement in a form prescribed by the director and signed by both the direct-entry midwife and the client. The form shall certify that full disclosure has been made and acknowledged by the client as to each of the following items, with the client's acknowledgment evidenced by a separate signature or initials adjacent to each item in addition to the client's signature at the end of the form:

(A)  The direct-entry midwife's educational background and training;


(B)  The nature and scope of the care to be given, including the possibility of

and procedure for transport of the client to a hospital and transferral of care prenatally;

(C)  A description of the available alternatives to direct-entry midwifery care,

including a statement that the client understands the client is not retaining a certified nurse midwife, a nurse midwife, or a certified midwife;

(D)  A description of the risks of birth, including those that are different from

those of hospital birth and those conditions that may arise during delivery;

(E)  A statement indicating whether or not the direct-entry midwife is covered

under a policy of liability insurance for the practice of direct-entry midwifery; and

(F)  A statement informing the client that, if subsequent care is required

resulting from the acts or omissions of the direct-entry midwife, any physician, nurse, certified midwife, prehospital emergency personnel, and health-care institution rendering subsequent care will be held only to a standard of gross negligence or willful and wanton conduct.

(IV) (A)  Until the liability insurance required pursuant to section 12-225-112

(2) is available, each direct-entry midwife shall, before accepting a client for care, provide the client with a disclosure statement indicating that the direct-entry midwife does not have liability insurance. To comply with this section, the direct-entry midwife shall ensure that the disclosure statement is printed in at least twelve-point bold-faced type and shall read the statement to the client in a language the client understands. Each client shall sign the disclosure statement acknowledging that the client understands the effect of its provisions. The direct-entry midwife shall also sign the disclosure statement and provide a copy of the signed disclosure statement to the client.

(B)  In addition to the information required in subsection (5)(a)(IV)(A) of this

section, the direct-entry midwife shall include the following statement in the disclosure statement and shall display the statement prominently and deliver the statement orally to the client before the client signs the disclosure statement: Signing this disclosure statement does not constitute a waiver of any right (insert client's name) has to seek damages or redress from the undersigned direct-entry midwife for any act of negligence or any injury (insert client's name) may sustain in the course of care administered by the undersigned direct-entry midwife.

(b)  As used in this subsection (5), full disclosure includes reading the

informed consent form to the client, in a language understood by the client, and answering any relevant questions.

(6)  A direct-entry midwife shall prepare a plan, in the form and manner

required by the director, for emergency situations. The plan must include procedures to be followed in situations in which the time required for transportation to the nearest facility capable of providing appropriate treatment exceeds limits established by the director by rule. A copy of the plan shall be given to each client as part of the informed consent required by subsection (5) of this section.

(7)  A direct-entry midwife shall prepare and transmit appropriate specimens

for newborn screening in accordance with section 25-4-1004 and shall refer every newborn child for evaluation, within seven days after birth, to a licensed health-care provider with expertise in pediatric care.

(8)  A direct-entry midwife shall ensure that appropriate laboratory testing,

as determined by the director, is completed for each client.

(9) (a)  A direct-entry midwife shall provide eye prophylactic therapy to all

newborn children in the direct-entry midwife's care in accordance with section 25-4-301.

(b)  A direct-entry midwife shall inform the parents of all newborn children in

the direct-entry midwife's care of the importance of critical congenital heart defect screening using pulse oximetry in accordance with section 25-4-1004.3. If a direct-entry midwife is not properly trained in the use of pulse oximetry or does not have the use of or own a pulse oximeter, the direct-entry midwife shall refer the parents to a health-care provider who can perform the screening. If a direct-entry midwife is properly trained in the use of pulse oximetry and has the use of or owns a pulse oximeter, the direct-entry midwife shall perform the critical congenital heart defect screening on newborn children in the direct-entry midwife's care in accordance with section 25-4-1004.3.

(10)  A direct-entry midwife shall be knowledgeable and skilled in aseptic

procedures and the use of universal precautions and shall use them with every client.

(11)  To assure that proper risk assessment is completed and that clients who

are inappropriate for direct-entry midwifery are referred to other health-care providers, the director shall establish, by rule, a risk assessment procedure to be followed by a direct-entry midwife for each client and standards for appropriate referral. The assessment shall be a part of each client's record as required in subsection (5)(a)(II) of this section.

(12)  Repealed.


(13)  A registered direct-entry midwife may purchase, possess, carry, and

administer oxygen. The department shall promulgate rules concerning minimum training requirements for direct-entry midwives with respect to the safe administration of oxygen. Each registrant shall complete the minimum training requirements and submit proof of having completed the requirements to the director before administering oxygen to any client.

(14)  A registrant shall not practice beyond the scope of the registrant's

education and training.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1135, � 1, effective October 1. L. 2021: (12) repealed, (SB 21-101), ch. 196, p. 1049, � 4, effective September 1. L. 2023: (5)(a)(III)(C) and (5)(a)(III)(F) amended, (SB 23-167), ch. 261, p. 1541, � 41, effective May 25.

Editor's note: This section is similar to former � 12-37-105 as it existed prior

to 2019.

C.R.S. § 12-250-103

12-250-103. Definitions. As used in this article 250, unless the context otherwise requires:

(1)  ACIP means the advisory committee on immunization practices to the

centers for disease control and prevention in the United States department of health and human services or its successor entity.

(2)  Administer means the direct application of a drug to the body of a

patient by injection, inhalation, ingestion, or any other method.

(3)  Advisory committee means the naturopathic medicine advisory

committee created in section 12-250-104.

(4)  Approved clinical training means clinical training in naturopathic

medicine in an inpatient or outpatient setting that has been approved by the director. Approved clinical training may include components of allopathic medicine in addition to naturopathic medicine.

(5)  Approved naturopathic medical college means:


(a)  A naturopathic medical education program in the United States or

Canada that grants the degree of doctor of naturopathic medicine or doctor of naturopathy and that:

(I)  Is approved by the director;


(II)  Offers graduate-level, full-time didactic and supervised clinical training;

and

(III)  Is accredited or has achieved candidacy status for accreditation by the

Council on Naturopathic Medical Education or an equivalent accrediting body for naturopathic medical programs recognized by the United States department of education; or

(b)  Any other college or program approved by the director and accredited by

the Council on Naturopathic Medical Education or its successor entity.

(6)  Continuing professional competency means the ongoing ability of a

naturopathic doctor to learn, integrate, and apply the knowledge, skill, and judgment to practice as a naturopathic doctor according to generally accepted standards and professional ethical standards.

(7)  Dispense means the preparation, in a suitable container appropriately

labeled for subsequent administration to or use by a patient, of a medicine that a naturopathic doctor is authorized under this article 250 to obtain.

(8)  Homeopathic preparations means medicines prepared according to the

most current version of the Homeopathic Pharmacopoeia of the United States/Revision Service.

(9)  Minor office procedures means:


(a)  The repair, care, and suturing of superficial lacerations and abrasions;


(b)  The removal of foreign bodies located in superficial tissue, excluding the

ear or eye; and

(c)  Obtaining and administering saline, sterile water, topical antiseptics, and

local anesthetics, including local anesthetics with epinephrine, in connection with a procedure described in subsection (9)(a) or (9)(b) of this section.

(10)  Natural health-care services or natural health care includes, but is

not limited to:

(a)  Healing practices using food; food extracts; over-the-counter dietary

supplements, including vitamins, herbs, minerals, and enzymes; nutrients; homeopathic remedies and preparations; the physical forces of heat, cold, water, touch, sound, and light; and mind-body and energetic healing practices;

(b)  Education, counseling, or advice regarding healing practices described in

subsection (10)(a) of this section and their effects on the structure and functions of the human body; and

(c)  Services or care as may be further defined by the director by rule.


(11)  Naturopathic doctor or registrant means a person who is registered

by the director to practice naturopathic medicine pursuant to this article 250.

(12)  Naturopathic formulary means the list of nonprescription classes of

medicines determined by the director that naturopathic doctors use in the practice of naturopathic medicine. Naturopathic formulary includes any prescription substance or device that is authorized under this article 250.

(13) (a)  Naturopathic medicine, as performed by a naturopathic doctor,

means a system of health care for the prevention, diagnosis, evaluation, and treatment of injuries, diseases, and conditions of the human body through the use of education, nutrition, naturopathic preparations, natural medicines and other therapies, and other modalities that are designed to support or supplement the human body's own natural self-healing processes.

(b)  Naturopathic medicine includes naturopathic physical medicine, which

consists of naturopathic manual therapy, the therapeutic use of the physical agents of air, water, heat, cold, sound, light, touch, and electromagnetic nonionizing radiation, and the physical modalities of electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy, and exercise.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1297, � 1, effective October 1.

Editor's note: This section is similar to former � 12-37.3-102 as it existed prior

to 2019.

C.R.S. § 12-300-104

12-300-104. Definitions. As used in this article 300, unless the context otherwise requires:

(1)  Medical director means a licensed physician who holds such title in any

inpatient or outpatient facility, department, or home care agency, and who is responsible for the quality, safety, and appropriateness of the respiratory therapy provided.

(2)  Respiratory therapist means a person who is licensed to practice

respiratory therapy pursuant to this article 300.

(3)  Respiratory therapy means providing therapy, management,

rehabilitation, support services for diagnostic evaluation, and care of patients with deficiencies and abnormalities that affect the pulmonary system under the overall direction of a medical director. Respiratory therapy includes the following:

(a)  Direct and indirect pulmonary care services that are safe, aseptic,

preventive, and restorative to the patient;

(b)  The teaching or instruction of the techniques and skill of respiratory care

whether or not in a formal educational setting;

(c)  Direct and indirect respiratory care services, including the administration

of pharmacological, diagnostic, and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, and pulmonary rehabilitative or diagnostic regimen prescribed by a physician, a physician assistant, an advanced practice registered nurse, or a certified midwife;

(d)  Observation and monitoring of signs, symptoms, reactions, general

behavior, and general physical response to respiratory care treatment and diagnostic testing for:

(I)  The determination of whether such signs, symptoms, reactions, behavior,

or general response exhibit abnormal characteristics; or

(II)  The implementation based on observed abnormalities of appropriate

reporting, referral, or respiratory care protocols or changes in treatment regimen pursuant to a prescription by a physician, a physician assistant, an advanced practice registered nurse, or a certified midwife or the initiation of emergency procedures;

(e)  The diagnostic and therapeutic use of the following in accordance with

the prescription of a physician, a physician assistant, an advanced practice registered nurse, or a certified midwife:

(I)  Administration of medical gases, exclusive of general anesthesia;


(II)  Aerosols;


(III)  Humidification;


(IV)  Environmental control systems and biomedical therapy;


(V)  Pharmacologic agents related to respiratory care procedures;


(VI)  Mechanical or physiological ventilatory support;


(VII)  Bronchopulmonary hygiene;


(VIII)  Respiratory protocol and evaluation;


(IX)  Cardiopulmonary resuscitation;


(X)  Maintenance of the natural airways;


(XI)  Insertion and maintenance of artificial airways;


(XII)  Diagnostic and testing techniques required for implementation of

respiratory care protocols;

(XIII)  Collection of specimens from the respiratory tract; or


(XIV)  Analysis of blood gases and respiratory secretions and participation in

cardiopulmonary research; and

(f)  The transcription and implementation of the written and verbal orders of a

physician pertaining to the practice of respiratory care.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1578, � 1, effective October 1. L. 2023: (3)(c), (3)(d)(II), and (3)(e) amended, (SB 23-167), ch. 261, p. 1546, � 51, effective May 25. L. 2024: (3)(c), (3)(d)(II), and (3)(e) amended, (HB 24-1253), ch. 179, p. 973, � 3, effective August 7.

Editor's note: This section is similar to former � 12-41.5-103 as it existed prior

to 2019.

C.R.S. § 24-62-102

24-62-102. Legislative declaration. (1) The general assembly hereby:

(a)  Finds that sub-section (D) of article VI of the Intergovernmental

Agreement between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation originally specified that if federal legislation authorizing the treatment of the tribe as a state for federal Clean Air Act purposes was not enacted by December 13, 2002, then the agreement would become null and void;

(b)  Determines that, pursuant to sub-section (B) of article XIII of the

agreement, the parties to the agreement modified sub-section (D) of article VI of the agreement in December 2001, December 2002, and December 2003, to extend for one year the deadline for passage of the federal legislation, and the final deadline for such passage according to the agreement as modified is December 13, 2004; and

(c)  Declares that, whereas the federal legislation contemplated by the

agreement, The Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 (P.L. 108-336), was approved on October 18, 2004, the contingency contemplated by sub-section (D) of article VI of the agreement and section 25-7-1309 (1)(c), C.R.S., is moot.

Source: L. 2010: Entire section added, (SB 10-082), ch. 182, p. 656, � 3,

effective April 29.

Cross references: For the federal Clean Air Act, see 42 U.S.C. sec. 7401 et

seq.

PLANNING - STATE

ARTICLE 65

Colorado Land Use Act

24-65-101 to 24-65-106. (Repealed)


Source: L. 2005: Entire article repealed, p. 667, � 1, effective June 1.


Editor's note: This article was numbered as article 4 of chapter 106, C.R.S.

1. For amendments to this article prior to its repeal in 2005, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 65.1

Areas and Activities of State Interest

Law reviews: For article, Local Government and House Bill 1041: A Voice in

the Wilderness, see 19 Colo. Law. 2245 (1990); for article, H.B. 1041 as a Tool for Municipal Attorneys, see 23 Colo. Law. 1309 (1994); for article, Local Government Regulation Using 1041 Powers, see 34 Colo. Law. 79 (Dec. 2005).

PART 1

GENERAL PROVISIONS

24-65.1-101.  Legislative declaration. (1)  The general assembly finds and

declares that:

(a)  The protection of the utility, value, and future of all lands within the state,

including the public domain as well as privately owned land, is a matter of public interest;

(b)  Adequate information on land use and systematic methods of definition,

classification, and utilization thereof are either lacking or not readily available to land use decision makers; and

(c)  It is the intent of the general assembly that land use, land use planning,

and quality of development are matters in which the state has responsibility for the health, welfare, and safety of the people of the state and for the protection of the environment of the state.

(2)  It is the purpose of this article that:


(a)  The general assembly shall describe areas which may be of state interest

and activities which may be of state interest and establish criteria for the administration of such areas and activities;

(b)  Local governments shall be encouraged to designate areas and activities

of state interest and, after such designation, shall administer such areas and activities of state interest and promulgate guidelines for the administration thereof; and

(c)  Appropriate state agencies shall assist local governments to identify,

designate, and adopt guidelines for administration of matters of state interest.

Source: L. 74: Entire article added, p. 335, � 1, effective May 17. L. 2005: IP(1)

amended, p. 671, � 13, effective June 1.

24-65.1-102.  General definitions. As used in this article, unless the context

otherwise requires:

(1)  Development means any construction or activity which changes the

basic character or the use of the land on which the construction or activity occurs.

(2)  Local government means a municipality or county.


(3)  Local permit authority means the governing body of a local government

with which an application for development in an area of state interest or for conduct of an activity of state interest must be filed, or the designee thereof.

(4)  Matter of state interest means an area of state interest or an activity of

state interest or both.

(5)  Municipality means a home rule or statutory city, town, or city and

county or a territorial charter city.

(6)  Person means any individual, limited liability company, partnership,

corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state.

Source: L. 74: Entire article added, p. 336, � 1, effective May 17. L. 90: (6)

amended, p. 449, � 19, effective April 18.

24-65.1-103.  Definitions pertaining to natural hazards. As used in this

article, unless the context otherwise requires:

(1)  Aspect means the cardinal direction the land surface faces,

characterized by north-facing slopes generally having heavier vegetation cover.

(2)  Avalanche means a mass of snow or ice and other material which may

become incorporated therein as such mass moves rapidly down a mountain slope.

(3)  Corrosive soil means soil which contains soluble salts which may

produce serious detrimental effects in concrete, metal, or other substances that are in contact with such soil.

(4)  Debris-fan floodplain means a floodplain which is located at the mouth

of a mountain valley tributary stream as such stream enters the valley floor.

(5)  Dry wash channel and dry wash floodplain means a small watershed

with a very high percentage of runoff after torrential rainfall.

(6)  Expansive soil and rock means soil and rock which contains clay and

which expands to a significant degree upon wetting and shrinks upon drying.

(7)  Floodplain means an area adjacent to a stream, which area is subject to

flooding as the result of the occurrence of an intermediate regional flood and which area thus is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:

(a)  Mainstream floodplains;


(b)  Debris-fan floodplains; and


(c)  Dry wash channels and dry wash floodplains.


(8)  Geologic hazard means a geologic phenomenon which is so adverse to

past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:

(a)  Avalanches, landslides, rock falls, mudflows, and unstable or potentially

unstable slopes;

(b)  Seismic effects;


(c)  Radioactivity; and


(d)  Ground subsidence.


(9)  Geologic hazard area means an area which contains or is directly

affected by a geologic hazard.

(10)  Ground subsidence means a process characterized by the downward

displacement of surface material caused by natural phenomena such as removal of underground fluids, natural consolidation, or dissolution of underground minerals or by man-made phenomena such as underground mining.

(11)  Mainstream floodplain means an area adjacent to a perennial stream,

which area is subject to periodic flooding.

(12)  Mudflow means the downward movement of mud in a mountain

watershed because of peculiar characteristics of extremely high sediment yield and occasional high runoff.

(13)  Natural hazard means a geologic hazard, a wildfire hazard, or a flood.


(14)  Natural hazard area means an area containing or directly affected by a

natural hazard.

(15)  Radioactivity means a condition related to various types of radiation

emitted by natural radioactive minerals that occur in natural deposits of rock, soil, and water.

(16)  Seismic effects means direct and indirect effects caused by an

earthquake or an underground nuclear detonation.

(17)  Siltation means a process which results in an excessive rate of removal

of soil and rock materials from one location and rapid deposit thereof in adjacent areas.

(18)  Slope means the gradient of the ground surface which is definable by

degree or percent.

(19)  Unstable or potentially unstable slope means an area susceptible to a

landslide, a mudflow, a rock fall, or accelerated creep of slope-forming materials.

(20)  Wildfire behavior means the predictable action of a wildfire under

given conditions of slope, aspect, and weather.

(21)  Wildfire hazard means a wildfire phenomenon which is so adverse to

past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:

(a)  Slope and aspect;


(b)  Wildfire behavior characteristics; and


(c)  Existing vegetation types.


(22)  Wildfire hazard area means an area containing or directly affected by

a wildfire hazard.

Source: L. 74: Entire article added, p. 336, � 1, effective May 17.


24-65.1-104.  Definitions pertaining to other areas and activities of state

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

(1)  Airport means any municipal or county airport or airport under the

jurisdiction of an airport authority.

(2)  Area around a key facility means an area immediately and directly

affected by a key facility.

(3)  Arterial highway means any limited-access highway which is part of the

federal-aid interstate system or any limited-access highway constructed under the supervision of the department of transportation.

(4)  Collector highway means a major thoroughfare serving as a corridor or

link between municipalities, unincorporated population centers or recreation areas, or industrial centers and constructed under guidelines and standards established by, or under the supervision of, the department of transportation. Collector highway does not include a city street or local service road or a county road designed for local service and constructed under the supervision of local government.

(5)  Domestic water and sewage treatment system means a wastewater

treatment facility, water distribution system, or water treatment facility, as defined in section 25-9-102 (5), (6), and (7), C.R.S., and any system of pipes, structures, and facilities through which wastewater is collected for treatment.

(6)  Historical or archaeological resources of statewide importance means

resources which have been officially included in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society.

(7)  Key facilities means:


(a)  Airports;


(b)  Major facilities of a public utility;


(c)  Interchanges involving arterial highways;


(d)  Rapid or mass transit terminals, stations, and fixed guideways.


(8)  Major facilities of a public utility means:


(a)  Central office buildings of telephone utilities;


(b)  Transmission lines, power plants, and substations of electrical utilities;

and

(c)  Pipelines and storage areas of utilities providing natural gas or other

petroleum derivatives.

(9)  Mass transit means a coordinated system of transit modes providing

transportation for use by the general public.

(10)  Mineral means an inanimate constituent of the earth, in solid, liquid, or

gaseous state, which, when extracted from the earth, is usable in its natural form or is capable of conversion into usable form as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing, or a construction material. Mineral does not include surface or groundwater subject to appropriation for domestic, agricultural, or industrial purposes, nor does it include geothermal resources.

(11)  Mineral resource area means an area in which minerals are located in

sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools, or otherwise as to be capable of economic recovery. Mineral resource area includes but is not limited to any area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress, or mineral rights are held by mineral patent or valid mining claim with the intention of mining.

(12)  Natural resources of statewide importance is limited to shorelands of

major, publicly owned reservoirs and significant wildlife habitats in which the wildlife species, as identified by the division of parks and wildlife of the department of natural resources, in a proposed area could be endangered.

(13)  New communities means the major revitalization of existing

municipalities or the establishment of urbanized growth centers in unincorporated areas.

(14)  Rapid transit means the element of a mass transit system involving a

mechanical conveyance on an exclusive lane or guideway constructed solely for that purpose.

Source: L. 74: Entire article added, p. 338, � 1, effective May 17. L. 91: (3) and

(4) amended, p. 1067, � 34, effective July 1. L. 2010: (5) amended, (HB 10-1422), ch. 419, p. 2087, � 75, effective August 11.

24-65.1-105.  Effect of article - public utilities. (1)  With regard to public

utilities, nothing in this article shall be construed as enhancing or diminishing the power and authority of municipalities, counties, or the public utilities commission. Any order, rule, or directive issued by any governmental agency pursuant to this article shall not be inconsistent with or in contravention of any decision, order, or finding of the public utilities commission with respect to public convenience and necessity. The public utilities commission and public utilities shall take into consideration and, when feasible, foster compliance with adopted land use master plans of local governments, regions, and the state.

(2)  Nothing in this article shall be construed as enhancing or diminishing the

rights and procedures with respect to the power of a public utility to acquire property and rights-of-way by eminent domain to serve public need in the most economical and expedient manner.

Source: L. 74: Entire article added, p. 339, � 1, effective May 17.


24-65.1-106.  Effect of article - rights of property owners - water rights. (1)

Nothing in this article shall be construed as:

(a)  Enhancing or diminishing the rights of owners of property as provided by

the state constitution or the constitution of the United States;

(b)  Modifying or amending existing laws or court decrees with respect to the

determination and administration of water rights.

Source: L. 74: Entire article added, p. 340, � 1, effective May 17.


24-65.1-107.  Effect of article - developments in areas of state interest and

activities of state interest meeting certain conditions. (1) This article shall not apply to any development in an area of state interest or any activity of state interest which meets any one of the following conditions as of May 17, 1974:

(a)  The development or activity is covered by a current building permit issued

by the appropriate local government; or

(b)  The development or activity has been approved by the electorate; or


(c)  The development or activity is to be on land:


(I)  Which has been conditionally or finally approved by the appropriate local

government for planned unit development or for a use substantially the same as planned unit development; or

(II)  Which has been zoned by the appropriate local government for the use

contemplated by such development or activity; or

(III)  With respect to which a development plan has been conditionally or

finally approved by the appropriate governmental authority.

Source: L. 74: Entire article added, p. 340, � 1, effective May 17.


24-65.1-108.  Effect of article - state agency or commission responses. (1)

Whenever any person desiring to carry out development as defined in section 24-65.1-102 (1) is required to obtain a permit, to be issued by any state agency or commission for the purpose of authorizing or allowing such development, pursuant to this or any other statute or regulation promulgated thereunder, such agency or commission shall establish a reasonable time period, which shall not exceed sixty days following receipt of such permit application, within which such agency or commission must respond in writing to the applicant, granting or denying said permit or specifying all reasonable additional information necessary for the agency or commission to respond. If additional information is required, said agency or commission shall set a reasonable time period for response following the receipt of such information.

(2)  Whenever a state agency or commission denies a permit, the denial must

specify:

(a)  The regulations, guidelines, and criteria or standards used in evaluating

the application;

(b)  The reasons for denial and the regulations, guidelines, and criteria or

standards the application fails to satisfy; and

(c)  The action that the applicant would have to take to satisfy the state

agency's or commission's permit requirements.

(3)  Whenever an application for a permit, as provided under this section,

contains a statement describing the proposed nature, uses, and activities in conceptual terms for the development intended to be accomplished and is not accompanied with all additional information, including, without limitation, engineering studies, detailed plans and specifications, and zoning approval, or, whenever a hearing is required by the statutes, regulations, rules, ordinances, or resolutions thereof prior to the issuance of the requested permit, the agency or commission shall, within the time provided in this section for response, indicate its acceptance or denial of the permit on the basis of the concept expressed in the statement of the proposed uses and activities contained in the application. Such conceptual approval shall be made subject to the applicant filing and completing all prerequisite detailed additional information in accordance with the usual filing requirements of the agency or commission within a reasonable period of time.

(4)  All agencies and commissions authorized or required to issue permits for

development shall adopt rules and regulations, or amend existing rules and regulations, so as to require that such agencies and commissions respond in the time and manner required in this section.

(5)  Nothing in this section shall shorten the time allowed for responses

provided by federal statute dealing with, or having a bearing on, the subject of any such application for permit.

(6)  The provisions of this section shall not apply to applications approved,

denied, or processed by a unit of local government.

Source: L. 74: Entire article added, p. 340, � 1, effective May 17.

PART 2

AREAS AND ACTIVITIES DESCRIBED -

CRITERIA FOR ADMINISTRATION

24-65.1-201.  Areas of state interest as determined by local governments.

(1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain areas of state interest from among the following:

(a)  Mineral resource areas;


(b)  Natural hazard areas;


(c)  Areas containing, or having a significant impact upon, historical, natural,

or archaeological resources of statewide importance; and

(d)  Areas around key facilities in which development may have a material

effect upon the key facility or the surrounding community.

Source: L. 74: Entire article added, p. 341, � 1, effective May 17.


24-65.1-202.  Criteria for administration of areas of state interest. (1) (a)

Mineral resource areas designated as areas of state interest shall be protected and administered in such a manner as to permit the extraction and exploration of minerals therefrom, unless extraction and exploration would cause significant danger to public health and safety. If the local government having jurisdiction, after weighing sufficient technical or other evidence, finds that the economic value of the minerals present therein is less than the value of another existing or requested use, such other use should be given preference; however, other uses which would not interfere with the extraction and exploration of minerals may be permitted in such areas of state interest.

(b)  Areas containing only sand, gravel, quarry aggregate, or limestone used

for construction purposes shall be administered as provided by part 3 of article 1 of title 34, C.R.S.

(c)  The extraction and exploration of minerals from any area shall be

accomplished in a manner which causes the least practicable environmental disturbance, and surface areas disturbed thereby shall be reclaimed in accordance with the provisions of article 32 of title 34, C.R.S.

(d)  Repealed.


(2) (a)  Natural hazard areas shall be administered as follows:


(I) (A)  Floodplains shall be administered so as to minimize significant hazards

to public health and safety or to property. The Colorado water conservation board shall promulgate a model floodplain regulation no later than September 30, 1974. Open space activities such as agriculture, horticulture, floriculture, recreation, and mineral extraction shall be encouraged in the floodplains. Any combination of these activities shall be conducted in a mutually compatible manner. Building of structures in the floodplain shall be designed in terms of the availability of flood protection devices, proposed intensity of use, effects on the acceleration of floodwaters, potential significant hazards to public health and safety or to property, and other impact of such development on downstream communities such as the creation of obstructions during floods. Activities shall be discouraged that, in time of flooding, would create significant hazards to public health and safety or to property. Shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems shall be protected from inundation by floodwaters. Unless an activity of state interest is to be conducted therein, an area of corrosive soil, expansive soil and rock, or siltation shall not be designated as an area of state interest unless the Colorado conservation board, through the local conservation district, identifies such area for designation.

(B)  Nothing in sub-subparagraph (A) of this subparagraph (I), as amended by

House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(II)  Wildfire hazard areas in which residential activity is to take place shall be

administered so as to minimize significant hazards to public health and safety or to property. The Colorado state forest service shall promulgate a model wildfire hazard area control regulation no later than September 30, 1974. If development is to take place, roads shall be adequate for service by fire trucks and other safety equipment. Firebreaks and other means of reducing conditions conducive to fire shall be required for wildfire hazard areas in which development is authorized.

(III)  In geologic hazard areas all developments shall be engineered and

administered in a manner that will minimize significant hazards to public health and safety or to property due to a geologic hazard. The Colorado geological survey shall promulgate a model geologic hazard area control regulation no later than September 30, 1974.

(b)  After promulgation of guidelines for land use in natural hazard areas by

the Colorado water conservation board, the Colorado conservation board through the conservation districts, the Colorado state forest service, and the Colorado geological survey, natural hazard areas shall be administered by local government in a manner that is consistent with the guidelines for land use in each of the natural hazard areas.

(3)  Areas containing, or having a significant impact upon, historical, natural,

or archaeological resources of statewide importance, as determined by the state historical society, the department of natural resources, and the appropriate local government, shall be administered by the appropriate state agency in conjunction with the appropriate local government in a manner that will allow man to function in harmony with, rather than be destructive to, these resources. Consideration is to be given to the protection of those areas essential for wildlife habitat. Development in areas containing historical, archaeological, or natural resources shall be conducted in a manner which will minimize damage to those resources for future use.

(4)  The following criteria shall be applicable to areas around key facilities:


(a)  If the operation of a key facility may cause a danger to public health and

safety or to property, as determined by local government, the area around the key facility shall be designated and administered so as to minimize such danger; and

(b)  Areas around key facilities shall be developed in a manner that will

discourage traffic congestion, incompatible uses, and expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by local government. Compatibility with nonmotorized traffic shall be encouraged. A development that imposes burdens or deprivation on the communities of a region cannot be justified on the basis of local benefit alone.

(5)  In addition to the criteria described in subsection (4) of this section, the

following criteria shall be applicable to areas around particular key facilities:

(a)  Areas around airports shall be administered so as to:


(I)  Encourage land use patterns for housing and other local government

needs that will separate uncontrollable noise sources from residential and other noise-sensitive areas; and

(II)  Avoid danger to public safety and health or to property due to aircraft

crashes.

(b)  Areas around major facilities of a public utility shall be administered so as

to:

(I)  Minimize disruption of the service provided by the public utility; and


(II)  Preserve desirable existing community patterns.


(c)  Areas around interchanges involving arterial highways shall be

administered so as to:

(I)  Encourage the smooth flow of motorized and nonmotorized traffic;


(II)  Foster the development of such areas in a manner calculated to preserve

the smooth flow of such traffic; and

(III)  Preserve desirable existing community patterns.


(d)  Areas around rapid or mass transit terminals, stations, or guideways shall

be developed in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such development in such areas shall be made with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.

Source: L. 74: Entire article added, p. 341, � 1, effective May 17. L. 75: (5)(a)

amended, p. 1270, � 4, effective July 1. L. 88: (1)(c) amended, p. 1436, � 34, effective June 11. L. 2002: (2)(a)(I) and (2)(b) amended, p. 514, � 3, effective July 1. L. 2005: (2)(a)(I) amended, p. 348, � 3, effective August 8. L. 2010: (1)(d) amended, (SB 10-174), ch. 189, p. 810, � 1, effective August 11. L. 2019: (1)(d) repealed, (SB 19-181), ch. 120, p. 502, � 1, effective April 16.

24-65.1-203.  Activities of state interest as determined by local

governments. (1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain activities of state interest from among the following:

(a)  Site selection and construction of major new domestic water and sewage

treatment systems and major extension of existing domestic water and sewage treatment systems;

(b)  Site selection and development of solid waste disposal sites except those

sites specified in section 25-11-203 (1), C.R.S., sites designated pursuant to part 3 of article 11 of title 25, C.R.S., and hazardous waste disposal sites, as defined in section 25-15-200.3, C.R.S.;

(c)  Site selection of airports;


(d)  Site selection of rapid or mass transit terminals, stations, and fixed

guideways;

(e)  Site selection of arterial highways and interchanges and collector

highways;

(f)  Site selection and construction of major facilities of a public utility;


(g)  Site selection and development of new communities;


(h)  Efficient utilization of municipal and industrial water projects;


(i)  Conduct of nuclear detonations; and


(j)  The use of geothermal resources for the commercial production of

electricity.

Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 79: (1)(b)

amended, p. 1067, � 9, effective June 15; (1)(b) amended, p. 1070, � 2, effective January 1, 1980. L. 83: (1)(b) amended, p. 1105, � 26, effective June 3. L. 2010: (1)(j) added, (SB 10-174), ch. 189, p. 810, � 2, effective August 11.

Editor's note: Amendments to subsection (1)(b) by Senate Bill 79-335 and

House Bill 79-1156 were harmonized, effective January 1, 1980.

24-65.1-204.  Criteria for administration of activities of state interest. (1) (a)

New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.

(b)  Major extensions of domestic water and sewage treatment systems shall

be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development.

(2)  Major solid waste disposal sites shall be developed in accordance with

sound conservation practices and shall emphasize, where feasible, the recycling of waste materials. Consideration shall be given to longevity and subsequent use of waste disposal sites, soil and wind conditions, the potential problems of pollution inherent in the proposed site, and the impact on adjacent property owners, compared with alternate locations.

(3)  Airports shall be located or expanded in a manner which will minimize

disruption to the environment of existing communities, minimize the impact on existing community services, and complement the economic and transportation needs of the state and the area.

(4) (a)  Rapid or mass transit terminals, stations, or guideways shall be

located in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Activities shall be conducted with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.

(b)  Proposed locations of rapid or mass transit terminals, stations, and fixed

guideways which will not require the demolition of residences or businesses shall be given preferred consideration over competing alternatives.

(c)  A proposed location of a rapid or mass transit terminal, station, or fixed

guideway that imposes a burden or deprivation on a local government cannot be justified on the basis of local benefit alone, nor shall a permit for such a location be denied solely because the location places a burden or deprivation on one local government.

(5)  Arterial highways and interchanges and collector highways shall be

located so that:

(a)  Community traffic needs are met;


(b)  Desirable community patterns are not disrupted; and


(c)  Direct conflicts with adopted local government, regional, and state

master plans are avoided.

(6)  Where feasible, major facilities of public utilities shall be located so as to

avoid direct conflict with adopted local government, regional, and state master plans.

(7)  When applicable, or as may otherwise be provided by law, a new

community design shall, at a minimum, provide for transportation, waste disposal, schools, and other governmental services in a manner that will not overload facilities of existing communities of the region. Priority shall be given to the development of total communities which provide for commercial and industrial activity, as well as residences, and for internal transportation and circulation patterns.

(8)  Municipal and industrial water projects shall emphasize the most

efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas.

(9)  Nuclear detonations shall be conducted so as to present no material

danger to public health and safety. Any danger to property shall not be disproportionate to the benefits to be derived from a detonation.

Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 75: (4)(a)

amended, p. 1270, � 5, effective July 1.

PART 3

LEVELS OF GOVERNMENT INVOLVED AND THEIR FUNCTIONS

24-65.1-301.  Functions of local government. (1)  Pursuant to this article, it is

the function of local government to:

(a)  Designate matters of state interest after public hearing, taking into

consideration:

(I)  The intensity of current and foreseeable development pressures; and


(II)  Applicable guidelines for designation issued by the applicable state

agencies;

(b)  Hold hearings on applications for permits for development in areas of

state interest and for activities of state interest;

(c)  Grant or deny applications for permits for development in areas of state

interest and for activities of state interest;

(d)  Receive recommendations from state agencies and other local

governments relating to matters of state interest;

(e)  Send recommendations to other local governments relating to matters of

state interest.

(f)  (Deleted by amendment, L. 2005, p. 667, � 2, effective June 1, 2005.)


Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 2005:

(1)(e) and (1)(f) amended, p. 667, � 2, effective June 1.

24-65.1-302.  Functions of other state agencies. (1)  Pursuant to this article,

it is the function of other state agencies to:

(a)  Send recommendations to local governments relating to designation of

matters of state interest on the basis of current and developing information; and

(b)  Provide technical assistance to local governments concerning

designation of and guidelines for matters of state interest.

(2)  Primary responsibility for the recommendation and provision of technical

assistance functions described in subsection (1) of this section is upon:

(a)  The Colorado water conservation board, acting in cooperation with the

Colorado conservation board, with regard to floodplains;

(b)  The Colorado state forest service, with regard to wildfire hazard areas;


(c)  The Colorado geological survey, with regard to geologic hazard areas,

geologic reports, and the identification of mineral resource areas;

(d)  The division of reclamation, mining, and safety, with regard to mineral

extraction and the reclamation of land disturbed thereby;

(e)  The Colorado conservation board and conservation districts, with regard

to resource data inventories, soils, soil suitability, erosion and sedimentation, floodwater problems, and watershed protection; and

(f)  The division of parks and wildlife of the department of natural resources,

with regard to significant wildlife habitats.

(3)  Repealed.


Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 92: (2)(d)

amended, p. 1970, � 74, effective July 1. L. 2002: (2)(a) and (2)(e) amended, p. 514, � 4, effective July 1. L. 2005: (1)(a) amended, p. 667, � 3, effective June 1. L. 2006: (2)(d) amended, p. 213, � 4, effective August 7. L. 2019: (3) repealed, (SB 19-181), ch. 120, p. 502, � 2, effective April 16.

PART 4

DESIGNATION OF MATTERS OF STATE INTEREST -

GUIDELINES FOR ADMINISTRATION

24-65.1-401.  Designation of matters of state interest. (1)  After public

hearing, a local government may designate matters of state interest within its jurisdiction, taking into consideration:

(a)  The intensity of current and foreseeable development pressures.


(b)  Repealed.


(2)  A designation shall:


(a)  Specify the boundaries of the proposed area; and


(b)  State reasons why the particular area or activity is of state interest, the

dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner.

Source: L. 74: Entire section added, p. 347, � 1, effective May 17. L. 2005:

(1)(b) repealed, p. 667, � 1, effective June 1.

24-65.1-402.  Guidelines - regulations. (1)  The local government shall

develop guidelines for administration of the designated matters of state interest. The content of such guidelines shall be such as to facilitate administration of matters of state interest consistent with sections 24-65.1-202 and 24-65.1-204.

(2)  A local government may adopt regulations interpreting and applying its

adopted guidelines in relation to specific developments in areas of state interest and to specific activities of state interest.

(3)  No provision in this article shall be construed as prohibiting a local

government from adopting guidelines or regulations containing requirements which are more stringent than the requirements of the criteria listed in sections 24-65.1-202 and 24-65.1-204.

Source: L. 74: Entire article added, p. 347, � 1, effective May 17.


24-65.1-403.  Technical and financial assistance. (1)  Appropriate state

agencies shall provide technical assistance to local governments in order to assist local governments in designating matters of state interest and adopting guidelines for the administration thereof.

(2) (a)  The department of local affairs shall oversee and coordinate the

provision of technical assistance and provide financial assistance as may be authorized by law.

(b)  The department of local affairs shall determine whether technical or

financial assistance or both are to be given to a local government on the basis of the local government's:

(I)  Showing that current or reasonably foreseeable development pressures

exist within the local government's jurisdiction; and

(II)  Plan describing the proposed use of technical assistance and expenditure

of financial assistance.

(3) (a)  Any local government applying for federal or state financial

assistance for floodplain studies shall provide prior notification to the Colorado water conservation board. The board shall coordinate and prescribe the standards for all floodplain studies conducted pursuant to this article, including those conducted by federal, local, or other state agencies, to the end that reasonably uniform standards can be applied to the identification and designation of all floodplains within the state and to minimize duplication of effort.

(b)  No floodplains shall be designated by any local government until such

designation has been first approved by the Colorado water conservation board as provided in sections 30-28-111 and 31-23-301, C.R.S.

Source: L. 74: Entire article added, p. 347, � 1, effective May 17. L. 77: (3)

added, p. 1241, � 1, effective June 3.

24-65.1-404.  Public hearing - designation of an area or activity of state

interest and adoption of guidelines by order of local government. (1) The local government shall hold a public hearing before designating an area or activity of state interest and adopting guidelines for administration thereof.

(2) (a)  Notice, stating the time and place of the hearing and the place at

which materials relating to the matter to be designated and guidelines may be examined, shall be published once at least thirty days and not more than sixty days before the public hearing in a newspaper of general circulation in the county.

(b)  Any person may request, in writing, that his name and address be placed

on a mailing list to receive notice of all hearings held pursuant to this section. If the local government decides to maintain such a mailing list, it shall mail notices to each person paying an annual fee reasonably related to the cost of production, handling, and mailing of such notice. In order to have his name and address retained on said mailing list, the person shall resubmit his name and address and pay such fee before January 31 of each year.

(3)  Within thirty days after completion of the public hearing, the local

government, by order, may adopt, adopt with modification, or reject the particular designation and guidelines; but the local government, in any case, shall have the duty to designate any matter which has been finally determined to be a matter of state interest and adopt guidelines for the administration thereof.

(4)  After a matter of state interest is designated pursuant to this section, no

person shall engage in development in such area, and no such activity shall be conducted until the designation and guidelines for such area or activity are finally determined pursuant to this article.

(5)  (Deleted by amendment, L. 2005, p. 668, � 4, effective June 1, 2005.)


Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:

(2)(a) and (5) amended, p. 668, � 4, effective June 1.

24-65.1-405.  Report of local government's progress. (Repealed)


Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:

Entire section repealed, p. 667, � 1, effective June 1.

24-65.1-406.  Colorado land use commission review of local government

order containing designation and guidelines. (Repealed)

Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:

Entire section repealed, p. 667, � 1, effective June 1.

24-65.1-407.  Colorado land use commission may initiate identification,

designation, and promulgation of guidelines for matters of state interest. (Repealed)

Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:

Entire section repealed, p. 667, � 1, effective June 1.

PART 5

PERMITS FOR DEVELOPMENT IN AREAS

OF STATE INTEREST AND FOR CONDUCT OF

ACTIVITIES OF STATE INTEREST

24-65.1-501.  Permit for development in area of state interest or to conduct

an activity of state interest required. (1) (a) Any person desiring to engage in development in an area of state interest or to conduct an activity of state interest shall file an application for a permit with the local government in which such development or activity is to take place. A reasonable fee determined by the local government sufficient to cover the cost of processing the application, including the cost of holding the necessary hearings, shall be paid at the time of filing such application.

(b)  The requirement of paragraph (a) of this subsection (1) that a public utility

obtain a permit shall not be deemed to waive the requirements of article 5 of title 40, C.R.S., that a public utility obtain a certificate of public convenience and necessity.

(2) (a)  Not later than thirty days after receipt of an application for a permit,

the local government shall publish notice of a hearing on said application. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date set for hearing.

(b)  If a person proposes to engage in development in an area of state interest

or to conduct an activity of state interest not previously designated and for which guidelines have not been adopted, the local government may hold one hearing for determination of designation and guidelines and granting or denying the permit.

(c)  The local government may maintain a mailing list and send notice of

hearings relating to permits in a manner similar to that described in section 24-65.1-404 (2)(b).

(d)  If the development or activity involves the construction or expansion of

transmission facilities for which the applicant has sought a certificate of public convenience and necessity from the public utilities commission pursuant to section 40-2-126, the local government shall approve or deny issuance of the permit within one hundred eighty days after the application is deemed complete and public notice of the application is given. If the local government does not deny issuance of the permit within that period, the application is deemed approved.

(3)  The local government may approve an application for a permit to engage

in development in an area of state interest if the proposed development complies with the local government's guidelines and regulations governing such area. If the proposed development does not comply with the guidelines and regulations, the permit shall be denied.

(4)  The local government may approve an application for a permit to conduct

an activity of state interest if the proposed activity complies with the local government's regulations and guidelines for conduct of such activity. If the proposed activity does not comply with the guidelines and regulations, the permit shall be denied.

(5)  The local government conducting a hearing pursuant to this section shall:


(a)  State, in writing, reasons for its decision, and its findings and conclusions;

and

(b)  Preserve a record of such proceedings.


(6)  After May 17, 1974, any person desiring to engage in a development in a

designated area of state interest or to conduct a designated activity of state interest who does not obtain a permit pursuant to this section may be enjoined by the appropriate local government from engaging in such development or conducting such activity.

(7)  As part of an application for a permit under subsection (1) of this section,

a transmission provider, as defined in section 33-45-102 (11), must demonstrate to the local government through written documentation that it has complied with sections 29-20-108 (6) and 33-45-103 (2).

Source: L. 74: Entire article added, p. 350, � 1, effective May 17. L. 2005:

(1)(a), (2)(a), and (6) amended, p. 668, � 5, effective June 1. L. 2021: (2)(d) added, (SB 21-072), ch. 329, p. 2127, � 6, effective June 24. L. 2022: (7) added, (HB 22-1104), ch. 97, p. 465, � 3, effective April 13.

Cross references: For the legislative declaration in HB 22-1104, see section 1

of chapter 97, Session Laws of Colorado 2022.

24-65.1-502.  Judicial review. The denial of a permit by a local government

agency shall be subject to judicial review in the district court for the judicial district in which the major development or activity is to occur.

Source: L. 74: Entire article added, p. 351, � 1, effective May 17.

ARTICLE 65.5

Notification of Surface Development

Law reviews: For article, Oil and Gas Title Searches and Notice Under the

Surface Development Notification Act, see 31 Colo. Law. 113 (Oct. 2002).

24-65.5-101.  Legislative declaration - intent. The general assembly

recog

C.R.S. § 25-10-103

25-10-103. Definitions. As used in this article 10, unless the context otherwise requires:

(1)  Absorption system means a leaching field and adjacent soils or other

system for the treatment of sewage in an on-site wastewater treatment system by means of absorption into the ground.

(2)  Applicant means a person who submits an application for a permit for

an on-site wastewater treatment system.

(3)  Cesspool means an unlined or partially lined underground pit or

underground perforated receptacle into which raw household wastewater is discharged and from which the liquid seeps into the surrounding soil. Cesspool does not include a septic tank.

(4)  Commission means the water quality control commission created by

section 25-8-201.

(5)  Department means the department of public health and environment

created by section 25-1-102.

(6)  Division means the division of administration of the department.


(7)  Effluent means the liquid flowing out of a component or device of an

on-site wastewater treatment system.

(8)  Environmental health specialist means a person trained in physical,

biological, or sanitary science to carry out educational and inspectional duties in the field of environmental health.

(9)  Health officer means the chief administrative and executive officer of a

local public health agency, or the appointed health officer of the local board of health. Health officer includes a director of a local public health agency.

(10)  Local board of health means any local, county, or district board of

health.

(11)  Local public health agency means any county, district, or municipal

public health agency and may include a county, district, or municipal board of health or local agency delegated by a county, district, or municipal board of health to oversee OWTS permitting and inspection or an OWTS program.

(12)  On-site wastewater treatment system or OWTS and, where the

context so indicates, the term system, means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not a part of or connected to a sewage treatment works.

(13)  Percolation test means a subsurface soil test at the depth of a

proposed absorption system or similar component of an on-site wastewater treatment system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed.

(14)  Permit means a permit for the construction or alteration, installation,

and use or for the repair of an on-site wastewater treatment system.

(15)  Person means an individual, partnership, firm, corporation, association,

or other legal entity and also the state, any political subdivision thereof, or other governmental entity.

(16)  Professional engineer means an engineer licensed in accordance with

part 2 of article 120 of title 12.

(17)  Septage means a liquid or semisolid that includes normal household

wastes, human excreta, and animal or vegetable matter in suspension or solution generated from a residential septic tank system. Septage may include such material issued from a commercial establishment if the commercial establishment can demonstrate to the department that the material meets the definition for septage set forth in this subsection (17). Septage does not include chemical toilet residuals.

(18)  Septic tank means a watertight, accessible, covered receptacle

designed and constructed to receive sewage from a building sewer, settle solids from the liquid, digest organic matter, store digested solids through a period of retention, and allow the clarified liquids to discharge to other treatment units for final disposal.

(19)  Sewage means a combination of liquid wastes that may include

chemicals, house wastes, human excreta, animal or vegetable matter in suspension or solution, and other solids in suspension or solution, and that is discharged from a dwelling, building, or other establishment.

(20)  Sewage treatment works has the same meaning as domestic

wastewater treatment works under section 25-8-103.

(21)  Soil evaluation means a percolation test, soil profile, or other

subsurface soil analysis at the depth of a proposed soil treatment area or similar component or system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed or as an application rate of gallons per square foot per day.

(22)  Soil treatment area means the physical location where final treatment

and dispersal of effluent occurs. Soil treatment area includes drainfields and drip fields.

(23)  State waters has the meaning set forth under section 25-8-103.


(24)  Systems cleaner means a person engaged in and who holds himself or

herself out as a specialist in the cleaning and pumping of on-site wastewater treatment systems and removal of the residues deposited in the operation thereof.

(25)  Systems contractor means a person engaged in and who holds himself

or herself out as a specialist in the installation, renovation, and repair of on-site wastewater treatment systems.

Source: L. 97: Entire article amended with relocations, p. 122, � 1, effective

July 1. L. 2004: (16) amended, p. 1312, � 60, effective May 28. L. 2006: (2.5) added and (8) and (21) amended, p. 1129, � 6, effective July 1. L. 2010: (11) and (12) amended, (HB 10-1422), ch. 419, p. 2105, � 121, effective August 11. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 482, � 1, effective August 8. L. 2019: IP and (16) amended, (HB 19-1172), ch. 136, p. 1704, � 165, effective October 1.

C.R.S. § 25-5-402

25-5-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Advertisement means all representations disseminated in any manner or

by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

(2)  Color includes black, white, and intermediate grays.


(3) (a)  Color additive means a material which:


(I)  Is a dye, pigment, or other substance made by a process of synthesis or

similar artifice or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; and

(II)  When added or applied to a food, drug, or cosmetic or to the human body

or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which is exempted under the federal act.

(b)  Nothing in this subsection (3) shall be construed to apply to any pesticide

chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process or produce of the soil and thereby affecting its color, whether before or after harvest.

(4)  Consumer commodity, except as otherwise specifically provided in this

subsection (4), means any food, drug, cosmetic, or device. Such term does not include:

(a)  Any tobacco or tobacco product;


(b)  Any commodity subject to packaging or labeling requirements imposed

under article 9 of title 35, C.R.S., being known as the Pesticide Act, or imposed by the secretary of agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. sec. 136 et seq.), or under the federal Animal Virus, Serum, Toxin, Antitoxin Act (21 U.S.C. secs. 151-158);

(c)  Any drug subject to the provisions of section 25-5-415 (1)(m) or of 21

U.S.C. sec. 353 (b)(1) or 356;

(d)  Any beverage subject to or complying with packaging or labeling

requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. secs. 201-211); or

(e)  Any commodity subject to the provisions of article 27 of title 35, C.R.S.,

concerning seeds.

(5)  Contaminated with filth applies to any food, drug, cosmetic, or device

not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

(6)  Cosmetic means articles intended to be rubbed, poured, sprinkled, or

sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance or articles intended for use as a component of any such articles; except that such term does not include soap.

(7)  Department means the department of public health and environment.


(8)  Device, except when used in subsection (23) of this section and in

sections 25-5-403 (1)(j), 25-5-411 (1)(g), 25-5-415 (1)(d), and 25-5-417 (1)(d), means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals or to affect the structure or any function of the body of man or other animals.

(9)  Drug means:


(a)  Articles recognized in the official United States pharmacopoeia, official

homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them;

(b)  Articles intended for use in the diagnosis, cure, mitigation, treatment, or

prevention of disease in man or other animals;

(c)  Articles, other than food, intended to affect the structure or any function

of the body of man or other animals;

(d)  Articles intended for use as a component of any article specified in

paragraph (a), (b), or (c) of this subsection (9) but does not include devices or their components, parts, or accessories.

(10)  Federal act means the Federal Food, Drug, and Cosmetic Act (21

U.S.C. sec. 301 et seq., 52 Stat. 1040).

(11)  Food means articles used for food or drink for man or other animals,

chewing gum, and articles used for components of any such article.

(12)  Food additive means any substance, the intended use of which results

or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food and including any source of radiation intended for any such use) if such substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety as having been adequately shown through scientific procedures (or, in the case of a substance used in a food prior to January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of its intended use. The term does not include:

(a)  A pesticide chemical in or on a raw agricultural commodity;


(b)  A pesticide chemical to the extent that it is intended for use or is used in

the production, storage, or transportation of any raw agricultural commodity;

(c)  A color additive; or


(d)  Any substance used in accordance with a sanction or approval granted

prior to the enactment of the amendment to the federal act known as the Food Additives Amendment of 1958, the Poultry Products Inspection Act (21 U.S.C. secs. 451-470), or the Federal Meat Inspection Act, as amended and extended (21 U.S.C. secs. 603-623).

(13)  Immediate container does not include package liners.


(14)  Label means a display of written, printed, or graphic matter upon the

immediate container of any article; and by or under the authority of this part 4 a requirement that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the retail package of such article or is easily legible through the outside container or wrapper.

(15)  Labeling means all labels and other written, printed, or graphic matter

upon an article or any of its containers or wrappers, or accompanying such article.

(16)  Official compendium means the official United States pharmacopoeia,

official homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them.

(17)  Package means any container or wrapping in which any consumer

commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers. The term does not include:

(a)  Shipping containers or wrappings used solely for the transportation of

any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; or

(b)  Shipping containers or outer wrappings used by retailers to ship or

deliver any commodity to retail customers if such containers or wrappers bear no printed matter pertaining to any particular commodity.

(18)  Person includes an individual, partnership, corporation, and

association.

(19)  Pesticide chemical means any substance which alone, in chemical

combination, or in formulation with one or more other substances is a pesticide within the meaning of section 35-9-102 (21), C.R.S., and which is used in the production, storage, or transportation of raw agricultural commodities.

(20)  Principal display panel means that part of a label that is most likely to

be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(21)  Raw agricultural commodity means any food in its raw or natural state,

including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

(22)  Safe, as used in subsection (12) of this section, has reference to the

health of man or animal.

(23)  If an article is alleged to be misbranded because the labeling is

misleading or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account all representations made or suggested by statement, work, design, device, sound, or any combination thereof, and also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

(24)  The representation of a drug, in its labeling or advertisement, as an

antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as being, an antiseptic for inhibitory use which involves prolonged contact with the body.

(25)  The provisions of this part 4 regarding the selling of food, drugs,

devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment.

Source: L. 57: p. 424, � 2. CRS 53: � 66-22-2. C.R.S. 1963: � 66-20-2. L. 70: p.

197, � 1. L. 94: (7) amended, p. 2778, � 483, effective July 1. L. 2020: (4)(b) and (12)(d) amended, (HB 20-1402), ch. 216, p. 1054, � 53, effective June 30.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (7), see section 1 of chapter 345, Session Laws of Colorado 1994.

C.R.S. § 25-5-410

25-5-410. Definitions of adulterated. (1) A food is deemed to be adulterated:

(a)  If it bears or contains any poisonous or deleterious substance which may

render it injurious to health; but, in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph (a) if the quantity of such substance in such food does not ordinarily render it injurious to health;

(b) (I)  If it bears or contains any added poisonous or added deleterious

substance which is unsafe within the meaning of section 25-5-413; except that a pesticide chemical in or on a raw agricultural commodity, a food additive, or a color additive shall not be deemed a poisonous or deleterious substance within the meaning of this paragraph (b);

(II)  If it is a raw agricultural commodity and it bears or contains a pesticide

chemical which is unsafe within the meaning of section 25-5-413 (1); but, if a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under section 25-5-413 (2) and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding the provisions of section 25-5-413 (1) and this subparagraph (II), shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity; or

(III)  If it is, or it bears or contains any food additive which is, unsafe within the

meaning of section 25-5-413 (1);

(c)  If it consists in whole or in part of a diseased, contaminated, filthy, putrid,

or decomposed substance or if it is otherwise unfit for food;

(d)  If it is produced, prepared, packed, or held under unsanitary conditions

whereby it may be contaminated with filth or rendered diseased, unwholesome, or injurious to health;

(e)  If it is, in whole or in part, the product of a diseased animal or an animal

which has died otherwise than by slaughter or which has been fed upon the uncooked offal from a slaughterhouse;

(f)  If its container is composed, in whole or in part, of any poisonous or

deleterious substance which may render the contents injurious to health;

(g)  If it has been intentionally subjected to radiation unless the use of the

radiation was in conformity with a regulation or exemption in effect pursuant to section 25-5-413 or 21 U.S.C. sec. 348;

(h) (I)  If any valuable constituent has been in whole or in part omitted or

abstracted therefrom;

(II)  If any substance has been substituted wholly or in part therefor;


(III)  If damage or inferiority has been concealed in any manner;


(IV)  If any substance has been added thereto or mixed or packed therewith

so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;

(i)  If it is confectionery and:


(I)  Has partially or completely imbedded therein any nonnutritive object; but

this subparagraph (I) shall not apply in the case of any nonnutritive object if, in the judgment of the department as provided by regulations, such object is of practical functional value to the confectionery product and does not render the product injurious or hazardous to health;

(II)  Bears or contains any alcohol other than alcohol not in excess of six and

twenty-five hundredths percent by volume or five percent by weight; or

(III)  Bears or contains any nonnutritive substance; but this subparagraph (III)

shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this part 4; and, furthermore, the department, for the purpose of avoiding or resolving uncertainty as to the application of this subparagraph (III), may issue regulations allowing or prohibiting the use of particular nonnutritive substances;

(j)  If it is, or it bears or contains a color additive which is, unsafe within the

meaning of section 25-5-413 (1) or the federal act;

(k)  If it is chopped or ground beef or hamburger and it contains any meat

other than the voluntary striated muscle of beef, or the total fat content, derived solely from beef, is in excess of thirty percent, or it contains any substance other than those which the department has by regulation declared to be permitted optional ingredients;

(l)  If it is fresh meat or a fresh meat product, or fresh poultry, parts thereof,

or fresh poultry products, and contains any antiseptic or chemical preservative;

(m)  If it is meat or a meat product and contains any artificial coloring or if it is

contained in an artificially colored casing or wrapper; except that the department may by regulation establish the conditions of the use of artificial color in casings and wrappers;

(n)  If it is pork sausage or pork breakfast sausage and the total fat content is

in excess of fifty percent.

Source: L. 57: p. 430, � 10. CRS 53: � 66-22-10. L. 61: p. 171, � 2. C.R.S. 1963:

� 66-20-10. L. 70: pp. 200, 201, �� 4, 5. L. 89: (1)(i)(II) amended, p. 709, � 5, effective July 1.

C.R.S. § 25-8-1008

25-8-1008. This part 10 does not affect other statutory protections. This part 10 does not affect or supersede the protections granted to park residents pursuant to other statutes, including article 12 of title 38. If a court determines that a provision of this part 10 conflicts with a provision of article 12 of title 38, the court shall apply the statute that grants the stronger protection to the park resident.

Source: L. 2023: Entire part added, (HB 23-1257), ch. 376, p. 2256, � 1,

effective June 5.

ARTICLE 8.5

Cherry Creek Basin Water Quality Authority

25-8.5-101.  Legislative declaration. (1)  The general assembly hereby finds

and declares that the organization of a Cherry Creek basin water quality authority will:

(a)  Be for the public benefit and advantage of the people of the state of

Colorado;

(b)  Benefit the inhabitants and landowners within the authority by preserving

water quality in Cherry Creek and Cherry Creek reservoir;

(c)  Benefit the people of the state of Colorado by preserving waters for

recreation, fisheries, water supplies, and other beneficial uses;

(d)  Promote the health, safety, and welfare of the people of the state of

Colorado.

(2)  It is further declared that the authority will provide for effective efforts

by the various counties, municipalities, special districts, and landowners within the boundaries of the authority in the protection of water quality.

(3)  It is further declared that the authority should provide that new

developments and construction activities pay their equitable proportion of costs for water quality preservation and facilities.

(4)  This article, being necessary to secure the public health, safety,

convenience, and welfare, shall be liberally construed to effect its purposes.

Source: L. 88: Entire article added, p. 1029, � 1, effective April 28.


25-8.5-102.  Definitions. As used in this article, unless the context otherwise

requires:

(1)  Agricultural lands means all lands except land rezoned by a county or

municipality for business, commercial, residential, or similar uses or subdivided lands. Those include property consisting of a lot one acre or more in size which contains a dwelling unit.

(2)  Authority means the Cherry Creek basin water quality authority created

pursuant to section 25-8.5-103.

(3)  Board means the governing body of the authority provided for in section

25-8.5-106.

(3.5)  Conservation district means any conservation district created

pursuant to article 70 of title 35, C.R.S.

(4)  County means any county enumerated in article 5 of title 30, C.R.S.


(5)  Municipality means a municipality as defined in section 31-1-101 (6),

C.R.S.

(6)  Publication means three consecutive weekly advertisements in a

newspaper or newspapers of general circulation within the boundaries of the authority. It shall not be necessary that an advertisement be made on the same day of the week in each of the three weeks, but not less than twelve days, excluding the day of first publication, shall intervene between the first publication and the last publication. Publication shall be complete on the date of the last publication.

(7)  Resolution means an ordinance as passed by a member municipality or

a resolution as passed by a member county or special district.

(8)  (Deleted by amendment, L. 2002, p. 517, � 12, effective July 1, 2002.)


(9)  Special district means any district created pursuant to article 1 of title

32, C.R.S., which has the power to provide sanitation services or water and sanitation services and has wastewater treatment facilities within the boundaries of the authority.

(10)  Wastewater treatment facility means a facility providing wastewater

treatment services which has a designed capacity to receive sewage for treating, neutralizing, stabilizing, and reducing pollutants contained therein prior to the disposal or discharge of the treated sewage. Wastewater treatment facility does not include any pretreatment facilities, lift stations, interceptor lines, or other transmission facilities to transmit sewage effluent outside the boundaries of the authority.

Source: L. 88: Entire article added, p. 1030, � 1, effective April 28. L. 2002:

(3.5) added and (8) amended, p. 517, � 12, effective July 1.

25-8.5-103.  Creation and organization. The Cherry Creek basin water

quality authority is hereby created. The authority shall be a quasi-municipal corporation and political subdivision of the state, with the powers provided in this article.

Source: L. 88: Entire article added, p. 1030, � 1, effective April 28.


25-8.5-104.  Boundaries of authority. (1)  The boundaries of the authority

shall be determined by the authority, subject to the following:

(a)  The boundaries shall be limited to the drainage basin of Cherry Creek

from its headwaters to the dam at Cherry Creek reservoir, which the general assembly hereby finds to be:

(I)  Arapahoe county: Portions of sections thirty-five and thirty-six, township

four south, range sixty-seven west of the sixth principal meridian; a portion of section thirty-one, township four south, range sixty-six west of the sixth principal meridian; portions of sections one, two, three, ten, fifteen, twenty-two, twenty-three, twenty-seven, and thirty-four, and all of sections eleven, twelve, thirteen, fourteen, twenty-four, twenty-five, twenty-six, thirty-five and thirty-six, township five south, range sixty-seven west of the sixth principal meridian; all of sections seven, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six and portions of sections five, six, eight, nine, fourteen, fifteen, sixteen, twenty-three and twenty-four, township five south, range sixty-six west of the sixth principal meridian; all of section thirty-one and portions of sections nineteen, twenty-nine, thirty, and thirty-two, township five south, range sixty-five west of the sixth principal meridian;

(II)  Douglas county: Portions of sections four, nine, sixteen, twenty-one,

twenty-eight and thirty-three, and all of sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty, twenty-nine, thirty, thirty-one, and thirty-two, township six south, range sixty-five west of the sixth principal meridian; township six south, range sixty-six west of the sixth principal meridian; portions of sections three, ten, fifteen, twenty-one, twenty-two, twenty-eight, thirty-one, thirty-two and thirty-three, and all of sections one, two, eleven, twelve, thirteen, fourteen, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, thirty-four, thirty-five and thirty-six, township six south, range sixty-seven west of the sixth principal meridian; portions of sections four, nine, sixteen, and twenty-one, and all of sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, and thirty-three, township seven south, range sixty-five west of the sixth principal meridian; township seven south, range sixty-six west of the sixth principal meridian; portions of sections four, five, nine, fourteen, fifteen, sixteen, twenty-three, twenty-five, twenty-six, and thirty-six, and all of sections one, two, three, ten, eleven, twelve, thirteen, and twenty-four, township seven south, range sixty-seven west of the sixth principal meridian; portions of sections twenty-eight and thirty-three and all of sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-nine, thirty, thirty-one, and thirty-two, township eight south, range sixty-five west of the sixth principal meridian; portions of sections six, seven, eighteen, nineteen, twenty-nine, thirty, and thirty-one, and all of sections one, two, three, four, five, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, thirty-two, thirty-three, thirty-four, thirty-five and thirty-six, township eight south, range sixty-six west of the sixth principal meridian; a portion of section one, township eight south, range sixty-seven west of the sixth principal meridian; all of sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two and thirty-three, township nine south, range sixty-five west of the sixth principal meridian; all of township nine south, range sixty-six west excepting portions of sections six and seven; portions of sections thirteen, twenty-three, twenty-four, twenty-five, and thirty-six, township nine south, range sixty-seven west of the sixth principal meridian; portions of sections twenty-eight and thirty-three, and all of sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-nine, thirty, thirty-one, and thirty-two, township ten south, range sixty-five west of the sixth principal meridian; portions of sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty-nine, thirty, thirty-one, and all of sections one, two, three, four, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, thirty-two, thirty-three, thirty-four, thirty-five and thirty-six, township ten south, range sixty-six west of the sixth principal meridian; a portion of section one, township ten south range sixty-seven west of the sixth principal meridian.

(b)  Lands may be included within the boundaries of the authority pursuant to

section 25-8.5-119.

(c)  Lands within the boundaries identified in paragraph (a) of this subsection

(1) may be excluded from the authority pursuant to section 25-8.5-120.

(2)  The authority shall maintain a current map, showing all lands that are

included in the authority's boundaries.

Source: L. 88: Entire article added, p. 1031, � 1, effective April 28.


25-8.5-105.  Authority members. (1)  The following entities shall be

members of the authority:

(a)  Each county that has property within the authority's boundaries shall

have one member;

(b)  Each municipality that has property within the authority's boundaries

shall have one member;

(c)  The special districts that include in their service areas property within the

Cherry Creek basin and that own and operate wastewater treatment services facilities in the Cherry Creek basin shall collectively be represented by a single member of the authority. For the purposes of this paragraph (c), wastewater treatment services shall mean a wastewater treatment facility with a designed capacity to receive more than two thousand gallons of sewage per day.

(d)  A total of seven members shall be appointed by the governor to

represent sports persons, recreational users, and concerned citizens. A minimum of two of these appointees shall be residents of Colorado and shall be from bona fide sports persons' or recreational organizations that have members who use the reservoir. A minimum of two of these appointees shall be from bona fide citizen or environmental organizations interested in preserving water quality with members who use the reservoir or live within Cherry Creek basin. At least three of the appointed members shall have backgrounds in or professional training regarding water quality issues. The term of appointment is four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year.

Source: L. 88: Entire article added, p. 1032, � 1, effective April 28. L. 2001: (1)

amended, p. 896, � 1, effective August 8. L. 2022: (1)(d) amended, (SB 22-013), ch. 2, p. 60, � 80, effective February 25.

25-8.5-106.  Board of directors. (1)  The governing body of the authority shall

be a board of directors which shall exercise and perform all powers, rights, privileges, and duties invested or imposed by this article.

(2)  Each authority member shall appoint one representative and two

alternates to serve on the board. The representative and alternates for the special district authority member shall be chosen by unanimous consent of the special districts referenced in section 25-8.5-105 (1)(c), or included under section 25-8.5-119. Any county, municipality, or special district that provides wastewater treatment services by contract with another entity that is a member of the authority shall not be entitled to a separate member on the board, and such a special district shall not be entitled to representation by the special district member.

(3)  Directors shall be appointed for terms of two years. Notice of each

appointment shall be given to the recording secretary for the authority.

(4)  No director shall receive compensation as an employee of the authority.

Reimbursement of actual expenses for directors shall not be considered compensation.

(5)  An appointment to fill a vacancy on the board shall be made by the

authority member for the remainder of the unexpired term.

(6)  If a board member or designated alternate fails to attend two

consecutive regular meetings of the board, the authority may submit a written request to the appointing authority member to have its representative attend the next regular meeting. If, following such request, said representative fails to attend the next regular board meeting, the board may appoint an interim representative from the authority member's jurisdiction to serve until the authority member appoints a new representative.

(7)  An authority member, at its discretion, may remove from office any board

member or designated alternate representing the authority member and appoint a successor.

(8)  The board shall elect one of its members as chairman of the authority and

one of its members as secretary-treasurer and shall appoint a recording secretary who may be a member of the board.

(9)  The recording secretary shall keep in a visual text format that may be

transmitted electronically a record of all of the authority's meetings, resolutions, certificates, contracts, bonds given by employees or contractors, and all corporate acts which shall be open to inspection of all interested parties.

(10)  The secretary-treasurer shall keep strict and accurate accounts of all

money received by and disbursed for and on behalf of the authority.

Source: L. 88: Entire article added, p. 1032, � 1, effective April 28. L. 2001: (2)

amended, p. 897, � 2, effective August 8. L. 2009: (9) amended, (HB 09-1118), ch. 130, p. 561, � 3, effective August 5.

25-8.5-107.  Voting. (1)  Each authority member, through its designated

director or designated alternate acting in the director's place, shall be entitled to one vote.

(2)  Board action upon proposed waste load allocations, site location or site

plans selected pursuant to section 25-8-702, discharge permits secured pursuant to section 25-8-501, amendments to the authority's wastewater management plan, and all budget and funding decisions shall require an affirmative vote of a majority of all authority members. Any vote by the special district member on such board action shall reflect the majority of the represented special districts.

(3)  All decisions of the board not enumerated in subsection (2) of this section

shall be made and decided by a majority of the quorum. A quorum requires that at least fifty percent of all authority members be present.

(4)  A director shall disqualify himself from voting on any issue in which he

has a conflict of interest unless such director has disclosed such conflict of interest in compliance with section 18-8-308, C.R.S., in which case such disclosure shall cure the conflict. A director shall abstain from voting if the director would obtain a personal financial gain from the contract or services being voted upon by the authority.

(5)  Notwithstanding subsection (2) of this section, any vote regarding a

change in the levy and collection of ad valorem taxes pursuant to section 25-8.5-111 (1)(p)(I) shall be limited to authority members representing municipalities or counties within the authority's boundaries.

Source: L. 88: Entire article added, p. 1033, � 1, effective April 28. L. 2001: (2)

and (3) amended and (5) added, p. 897, � 3, effective August 8.

25-8.5-108.  Ex officio members. (1)  Ex officio members shall be provided

with notice of the authority meetings. Ex officio members shall not serve on the board. Ex officio members are not voting members. The following shall be considered ex officio members:

(a)  Every conservation district of which more than two-thirds of its territory is

included within the authority's boundaries;

(b)  Any other governmental or quasi-governmental agency designated as an

ex officio member by the authority.

Source: L. 88: Entire article added, p. 1034, � 1, effective April 28. L. 2002:

(1)(a) amended, p. 517, � 13, effective July 1.

25-8.5-109.  Meetings. (1)  The board shall fix the time and place at which its

regular meetings shall be held and provide for the calling and holding of special meetings.

(2)  Notice of the time and place designated for all regular meetings shall be

posted at the office of the county clerk and recorder of each of the counties included within the authority. Such notices shall remain posted and shall be changed in the event that the time or place of such regular meetings is changed.

(3)  Special meetings of the board shall be held at the call of the chairman or

upon request of two board members. The authority shall inform all board members five calendar days before the special meeting and shall post notice in accordance with subsection (2) of this section at least three days before the special meeting of the date, time, and place of such special meeting and the purpose for which it is called.

(4)  All business of the board shall be conducted only during said regular or

special meetings, and all said meetings shall be open to the public, but the board may hold executive sessions as provided in part 4 of article 6 of title 24, C.R.S.

Source: L. 88: Entire article added, p. 1034, � 1, effective April 28. L. 91: (4)

amended, p. 821, � 5, effective June 1.

25-8.5-110.  Powers of board - organization - administration. (1)  The board

has the following powers relating to carrying on the affairs of the authority:

(a)  To organize, adopt bylaws and rules of procedure, and select a chairman

and chairman pro tempore;

(b)  To make and pass resolutions and orders which are necessary for the

governance and management of the affairs of the authority, for the execution of the powers vested in the authority, and for carrying out the provisions of this article;

(c)  To fix the location of the principal place of business of the authority and

the location of all offices maintained under this article;

(d)  To prescribe by resolution a system of business administration, to create

any and all necessary offices, to establish the powers and duties and compensation of all employees, and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the authority;

(e)  To appoint and retain employees, agents, and consultants to make

recommendations, coordinate authority activities, conduct routine business of the authority, and act on behalf of the authority under such conditions and restrictions as shall be fixed by the board;

(f)  To prescribe a method of auditing and allowing or rejecting claims and

demands and a method for the letting of contracts on a fair and competitive basis for the construction of works, structures, or equipment or for the performance or furnishing of such labor, materials, or supplies as may be required for the carrying out of any of the purposes of this article.

Source: L. 88: Entire article added, p. 1034, � 1, effective April 28.


25-8.5-111.  Powers of authority - general and financial. (1)  In order to

accomplish its purposes, the authority has the power to:

(a)  Develop and implement, with such revisions as become necessary in light

of changing conditions, plans for water quality controls for the reservoir, applicable drainage basin, waters, and watershed, to achieve and maintain the water quality standards. In particular, the authority shall submit, within two years after August 8, 2001, a plan to the water quality control commission that is intended to meet state water quality standards, including measures to mitigate the impacts of nonpoint source pollutants.

(b)  Conduct pilot studies and other studies that may be appropriate for the

development of potential water quality control solutions;

(c)  Develop and implement programs to provide credits, incentives, and

rewards within the Cherry Creek basin plan for water quality control projects;

(d)  Recommend the maximum loads of pollutants allowable to maintain the

water quality standards;

(e)  Recommend erosion controls and urban runoff control standards and

conduct educational programs regarding such controls in the basin;

(f)  Recommend septic system maintenance programs;


(g)  Incur debts, liabilities, and obligations;


(h)  Have perpetual existence;


(i)  Have and use a corporate seal;


(j)  Sue and be a party to suits, actions, and proceedings;


(k)  Enter into contracts and agreements affecting the affairs of the authority

including, but not limited to, contracts with the United States and the state of Colorado and any of their agencies or instrumentalities, political subdivisions of the state of Colorado, corporations, and individuals;

(l)  Acquire, hold, lease (as lessor or lessee), and otherwise dispose of and

encumber real and personal property;

(m)  Acquire, lease, rent, manage, operate, construct, and maintain water

quality control facilities or improvements for drainage, nonpoint sources, or runoff within or without the authority;

(n)  Establish rates, tolls, fees, charges, and penalties except on agricultural

land for the functions, services, facilities, and programs of the authority; except that the total annual revenue collected from said rates, tolls, fees, and charges, less the cost of said functions, services, facilities, and programs, shall not exceed thirty percent of the annual authority budget;

(o)  Establish in cooperation with the department of natural resources fees

for Cherry Creek reservoir users, which amounts shall be subject to the review and approval of the board of parks and outdoor recreation, which shall not unreasonably withhold approval. Said reservoir fees, including all users regardless of activity, however established, shall not in total exceed the amount that would be collected if the reservoir user fee was one dollar per reservoir user per year.

(p) (I)  Levy and collect ad valorem taxes on and against all taxable property

within the authority subject to the limitation that no mill levy for any fiscal year shall exceed one-half mill; however, ad valorem taxes greater than one-half mill can be levied by the authority if it is approved by the electors at an election held according to the procedures of part 8 of article 1 of title 32, C.R.S.

(II)  No property tax shall be levied until the fees from the recreation users

and the development fees are established.

(q)  Issue and refund revenue and assessment bonds and pledge the

revenues of the authority or assessments therefor to the payment thereof in the manner provided in part 4 of article 35 of title 31, C.R.S., and as provided in this article;

(r)  Invest any moneys of the authority in securities meeting the investment

requirements established in part 6 of article 75 of title 24, C.R.S.;

(s)  Review and approve water quality control projects of any entity other

than the authority within the boundaries of the authority;

(t)  Except that the authority shall not have the power to regulate agricultural

nonpoint source activities; such agricultural nonpoint source activities shall be subject only to the provisions of section 25-8-205 (5);

(u)  Have and exercise all rights and powers necessary or incidental to or

implied from the specific powers granted to the authority by this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.

(2)  Nothing in subsection (1) of this section shall be construed as authorizing

the authority to take any action or spend any moneys in a manner that is inconsistent with its statutory purpose to protect and preserve the water quality of Cherry Creek reservoir. Consistent therewith, the authority shall expend funds only pertaining to the water quality standards, control regulations, or similar regulations regarding the water quality of Cherry Creek and Cherry Creek reservoir if such expenditures are clearly consistent with improving, protecting, and preserving such water quality. The authority shall focus its efforts on improving, protecting, and preserving the water quality of Cherry Creek and Cherry Creek reservoir, and on achieving and maintaining the existing water quality standards.

(3)  Of the revenues collected by the authority under paragraphs (n), (o), and

(p) of subsection (1) of this section, a minimum of sixty percent on an annual basis shall be spent on construction and maintenance of pollution abatement projects in the Cherry Creek basin or on payments due under loans or other debt incurred and spent by the authority entirely upon such projects.

Source: L. 88: Entire article added, p. 1035, � 1, effective April 28. L. 89: (1)(r)

amended, p. 1111, � 17, effective July 1. L. 2001: (1)(a), (1)(d), (1)(e), and (1)(n) amended and (2) and (3) added, p. 898, � 4, effective August 8.

25-8.5-112.  Power to issue bonds. To carry out the purposes of this article,

the board is authorized to issue revenue or assessment bonds of the authority. Bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum interest rate set forth in the resolution adopted by the board authorizing the issuance of the bonds, payable semiannually, and shall be due and payable serially, either annually or semiannually, commencing not later than three years after date of issuance. The form and terms of said bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium not exceeding three percent of the principal thereof. Said bonds shall be executed in the name and on behalf of the authority, signed by the chairman of the board with the seal of the authority affixed thereto, and attested by the secretary of the board. Said bonds shall be in such denominations as the board shall determine, and the bonds and coupons shall bear the original or facsimile signature of the chairman of the board.

Source: L. 88: Entire article added, p. 1036, � 1, effective April 28.


25-8.5-113.  Revenue refunding bonds. Any revenue bonds issued by the

authority may be refunded by the authority, or by any successor thereof, in the name of the authority, subject to the provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, by the issuance of bonds to refund, pay, and discharge all or any part of such outstanding bonds, including any interest on the bonds in arrears or about to become due, for the purpose of avoiding or terminating any default in the payment of the interest on and principal of the bonds, of reducing interest costs or effecting other economies, or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any system appertaining thereto or for any combination of such purposes. Refunding bonds may be delivered in exchange for the outstanding bonds refunded or may be sold as provided in this article for an original issue of bonds.

Source: L. 88: Entire article added, p. 1036, � 1, effective April 28.


25-8.5-114.  Use of proceeds of revenue refunding bonds. The proceeds of

revenue refunding bonds shall either be immediately applied to the retirement of the bonds being refunded or be placed in escrow in any state or national bank within the state which is a member of the federal deposit insurance corporation to be applied to the payment of the bonds being refunded upon their presentation therefor; but, to the extent any incidental expenses have been capitalized, such refunding bond proceeds may be used to defray such expenses, and any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon or the principal thereof, or both interest and principal, or may be deposited in a reserve therefor, as the board may determine. Any such escrow shall not necessarily be limited to proceeds of refunding bonds but may include other moneys available for its purpose. Any proceeds in escrow, pending such use, may be invested or reinvested in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S. Such proceeds and investments in escrow, together with any interest to be derived from any such investment, shall be in an amount at all times sufficient as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom to pay the bonds being refunded as they become due at their respective maturities or due at any designated prior redemption dates in connection with which the board shall exercise a prior redemption option. Any purchase of any refunding bond issued under this article shall in no manner be responsible for the application of the proceeds thereof by the authority or any of its officers, agents, or employees.

Source: L. 88: Entire article added, p. 1037, � 1, effective April 28. L. 89:

Entire section amended, p. 1111, � 18, effective July 1.

25-8.5-115.  Facilities - comprehensive program. (1)  The authority, acting by

and through the board, may acquire, construct, lease, rent, improve, equip, relocate, maintain, and operate water quality control facilities, any project, or any part thereof for the benefit of the authority and the inhabitants thereof, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable.

(2) (a)  The authority shall develop a comprehensive program for the water

quality control facilities specified in subsection (1) of this section. A comprehensive program may consist of one project or more than one project.

(b)  A hearing on the proposed comprehensive program shall be scheduled,

and notice of the hearing shall be given by publication and posted in the office of the county clerk and recorder of each member county. Upon closure of the hearing, the board may either require changes to be made in the comprehensive program or the board may approve or reject the comprehensive program as prepared.

(c)  If any substantial changes to the comprehensive program are ordered at

any time, a further hearing shall be held pursuant to notice which shall be given by publication.

Source: L. 88: Entire article added, p. 1037, � 1, effective April 28.


25-8.5-116.  Coordination with drainage and flood control measures. (1)  Any

exercise by the authority of the powers granted by section 25-8.5-111 or 25-8.5-115 which affects drainage and flood control shall be consistent with and conform to the drainage and flood control program of the urban drainage and flood control district adopted pursuant to section 32-11-214, C.R.S., the resolutions, rules, regulations, and orders of the district issued pursuant to section 32-11-218 (1)(e), C.R.S., and any flood plain zoning resolutions, rules, regulations, and orders of any public body having jurisdiction to adopt the same.

(2)  Construction by the authority of drainage or water quality control

facilities which might or will affect drainage or flood control within the boundaries of the urban drainage and flood control district shall not be undertaken until a proposal therefor has been presented to and approved by the board of directors of said district. Such proposal shall demonstrate compliance with the requirements of subsection (1) of this section, and the board shall apply the same standards of flood control and drainage criteria for approval thereof as it applies for review of proposals presented for approval pursuant to section 32-11-221, C.R.S. The provisions of section 32-11-221, C.R.S., shall apply to the presentation, consideration, and determination by said board of directors of any such proposal or modification thereof.

Source: L. 88: Entire article added, p. 1038, � 1, effective April 28.


25-8.5-117.  Transfer of powers. (1)  Upon the adoption of the board of

directors of the urban drainage and flood control district and the board of directors of the authority created herein of a joint resolution delegating the agreed-upon responsibility to the urban drainage and flood control district for carrying out and meeting, within the district's boundaries, the compliance requirements and the permitting requirements imposed with respect to storm water runoff quality by the federal Water Quality Act of 1987 and any regulations and standards adopted pursuant thereto or pursuant to state law, all powers contained in this act to deal with water quality control and compliance relating to the agreed-upon aspects of storm water runoff and nonpoint sources of pollution, including financial powers and special assessment powers but not including ad valorem taxation powers, shall be transferred to the urban drainage and flood control district.

(2)  Upon the transfer of powers as provided in subsection (1) of this section,

any allocation of waste loads affecting storm water runoff or nonpoint sources of pollution proposed or adopted by the authority shall be effective only upon adoption thereof or concurrence therewith by the board of directors of the urban drainage and flood control district.

(3)  If the urban drainage and flood control district accepts the responsibility

and the transfer of powers as provided in subsection (1) of this section, after completion of a plan for water quality controls by the authority which involves storm drainage runoff or nonpoint sources and after commencement of implementation of such plan, the district shall be bound to carry out the plan as it relates to the storm water and nonpoint source powers transferred to it within the time requirements, if any, of the plan.

Source: L. 88: Entire article added, p. 1038, � 1, effective April 28.


25-8.5-118.  Power to levy special assessments. (1)  The board, in the name

of the authority, for the purpose of defraying all the cost of acquiring or constructing, or both, any project or facility authorized by this article, or any portion of the cost thereof not to be defrayed with moneys available therefor from its own funds, any special funds, or otherwise, also has the power under this article:

(a)  To levy assessments against all or portions of the property within the

authority and to provide for collection of the assessments pursuant to part 6 of article 20 of title 30, C.R.S.;

(b)  To pledge the proceeds of any assessments levied under this article to

the payment of assessment bonds and to create liens on such proceeds to secure such payments;

(c)  To issue assessment bonds payable from the assessments, which

assessment bonds shall constitute special obligations of the authority and shall not be a debt of the authority; and

(d)  To make all contracts, to execute all instruments, and to do all things

necessary or convenient in the exercise of the powers granted in this article or in the performance of the authority's duties or in order to secure the payment of its assessment bonds.

(2)  The authority shall give notice, by publication once in a newspaper of

general circulation in the authority, to the owners of the property to be assessed, which shall include:

(a)  The kind of improvements proposed;


(b)  The number of installments and the time in which the cost of the project

will be payable;

(c)  A description of the properties which will be assessed;


(d)  The probable cost per acre or other unit basis which, in the judgment of

the authority, reflects the benefits which accrue to the properties to be assessed; except that no benefit shall accrue to agricultural lands;

(e)  The time, not less than thirty days after the publication, when a resolution

authorizing the improvements will be considered;

(f)  A map of the properties to be assessed, together with an estimate and

schedule showing the approximate amounts to be assessed, and a statement that all resolutions and proceedings are on file and may be seen and examined by any interested person at the office of the authority or other designated place at any time within said period of thirty days; and

(g)  A statement that all complaints and objections by the owners of property

to be assessed in writing concerning the proposed improvements will be heard and determined by the authority before final action thereon.

(3)  The finding, by resolution, of the board that said improvements were

ordered after notice given and after hearing held and that such proposal was properly initiated by the said authority shall be conclusive of the facts so stated in every court or other tribunal.

(4)  Any resolution or order regarding the assessments or improvements may

be modified, confirmed, or rescinded at any time prior to the passage of the resolution authorizing the improvements.

Source: L. 88: Entire article added, p. 1039, � 1, effective April 28.


25-8.5-119.  Inclusion of property. (1)  Any municipality, county, or special

district, or any portion thereof, shall be eligible for inclusion upon resolution of its governing body requesting inclusion in the authority and describing the property to be included. The authority, by resolution, may include such property on such terms and conditions as may be determined appropriate by the board.

(2)  Upon receipt of a resolution requesting inclusion, the board shall cause

an investigation to be made within a reasonable time to determine whether or not the municipality, county, or special district, or portion thereof, may feasibly be included within the authority, whether the municipality, county, or special district has any property which is tributary to the basin, waters, or watersheds governed by the authority, and the terms and conditions upon which the municipality, county, or special district may be included within the authority. If it is determined that it is feasible to include the municipality, county, or special district, or portion thereof, in the authority, and the municipality, county, or special district has property tributary to the basin, waters, or watersheds governed by the authority, the board by resolution shall set the terms and conditions upon which the municipality, county, or special district, or portion thereof, may be included within the authority and shall give notice thereof to the municipality, county, or special district. If the board determines that the municipality, county, or special district, or portion thereof, cannot feasibly be included within the authority or otherwise determines that the municipality, county, or special district should not be included within the authority, the board shall pass a resolution so stating and notifying the municipality, county, or special district of the action of the board. The board's determination that the county, municipality, or special district, or portion thereof, should not be included in the authority shall be conclusive.

(3) (a)  If the governing body of the municipality, county, or special district

desires to include the municipality, county, or special district, or portion thereof, within the authority upon the terms and conditions set forth by the board, the governing body shall adopt a resolution declaring that the public health, safety, and general welfare requires the inclusion of said municipality, county, or special district within the authority and that the governing body desires to have said municipality, county, or special district, or portion thereof, included therein upon the terms and conditions prescribed by the board. The governing body of such municipality, county, or special district, before final adoption of said resolution, shall hold a public hearing thereon, notice of which shall be given by publication in a newspaper of general circulation within such municipality, county, or special district, which shall be complete at least ten days before the hearing. Upon the final adoption of said resolution, the clerk of the governing body of such municipality, county, or special district shall forthwith transmit a certified copy of the resolution to the board and to the division of local government in the department of local affairs.

(b)  After receipt of a copy of such resolution, the board shall pass and adopt

a resolution including said municipality, county, or special district, or portion thereof, in the authority and shall cause a certified copy thereof to be transmitted to the division of local government and a certified copy to the governing body of the municipality, county, or special district.

(4)  The director of said division, upon receipt of a certified copy of the

resolution of the board, shall forthwith issue a certificate reciting that the municipality, county, or special district, or portion thereof, described in such resolution has been duly included within the authority according to the laws of the state of Colorado. The inclusion of such territory shall be deemed effective upon the date of the issuance of such certificate, and the validity of such inclusion shall not be contestable in any suit or proceeding which has not been commenced within thirty days from such date. The said division shall forthwith transmit to the governing body of such municipality, county, or special district and to the board five copies of such certificate, and the clerk of such governing body shall forthwith record a copy of the certificate in the office of the clerk and recorder of each county in which such municipality, county, or special district, or portion thereof, is located and file a copy thereof with the county assessor of each such county. Additional copies of said certificate shall be issued by the division of local government upon request.

Source: L. 88: Entire article added, p. 1040, � 1, effective April 28.


25-8.5-120.  Exclusion of property. (1)  Any owner of property within the

boundaries of the authority may petition to be excluded from the authority.

(2)  In order for such property to be excluded, the board must determine that

the property does not receive wastewater treatment services or have an on-site wastewater treatment system located within the authority and either:

(a)  Was improperly included within the authority; or


(b)  Is not tributary to the basin, waters, or watersheds governed by the

authority or will not benefit from projects or improvements provided by the authority.

(3)  Any petition for exclusion shall specify the property to be excluded and

evidence that the property complies with the criteria of subsection (2) of this section.

(4)  The authority shall provide notice of the date, time, and place of the

authority's meeting to consider the petition for exclusion.

(5)  The authority may approve, modify, or deny a petition for exclusion.


(6)  If the authority approves a petition for exclusion of property, the

authority shall file a copy of said resolution with the division of local government and with the county, municipality, or special district authority members which includes within its boundaries the excluded property, record a copy of the resolution in the office of the county clerk and recorder in the county in which said excluded property is located, and file a copy with the county assessor in such county.

Source: L. 88: Entire article added, p. 1041, � 1, effective April 28. L. 2012:

IP(2) amended, (HB 12-1126), ch. 137, p. 499, � 6, effective August 8.

ARTICLE 9

Water and Wastewater Treatment

Facility Operators

C.R.S. § 29-35-202

29-35-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Certified transit-oriented community means a transit-oriented

community that has met the requirements of section 29-35-204 (4).

(2)  Exempt parcel means:


(a)  Any parcel that a transit-oriented community has applied to the

department for qualification as an exempt parcel because the transit-oriented community believes the parcel cannot be developed for reasons including health and safety, topography, or practical limitations and for which the department has approved the transit-oriented community's application according to a process established by policies and procedures developed by the department;

(b)  A parcel that, as of January 1, 2024, is not served by a domestic water and

sewage treatment system, as defined in section 24-65.1-104 (5), is served by a well that is not connected to a water distribution system, as defined in section 25-9-102 (6), or is served by a septic tank, as defined in section 25-10-103 (18);

(c)  Any part of a parcel that, as of January 1, 2024, is located within an

unincorporated area as defined in subsection (11)(d)(II) of this section, and is served by a domestic water and sewage treatment system, as defined in section 24-65.1-104 (5), that is owned by a municipality;

(d)  A parcel that, as of January 1, 2024, is in an agricultural, forestry, natural

resource preservation, or open space zoning district;

(e)  A parcel that, as of January 1, 2024, is zoned or used primarily for

industrial use, which, for purposes of this subsection (2)(e), means a business use or activity at a scale greater than home industry involving manufacturing, fabrication, mineral or gravel extraction, assembly, warehousing, or storage, and parcels that are identified within the United States environmental protection agency's toxic release inventory;

(f)  Any part of a parcel that, as of January 1, 2024, is in a floodway or in a

one- hundred-year floodplain, as identified by the federal emergency management agency;

(g)  Any part of a parcel that, as of January 1, 2024, is subject to an easement

for a major electric or natural gas facility, as defined in section 29-20-108 (3);

(h)  A parcel that, as of January 1, 2024, is used as a cemetery, as defined in

section 31-25-701 (2);

(i)  Any part of a parcel that, as of January 1, 2024, is subject to a

conservation easement;

(j)  A parcel or easement that, as of January 1, 2024, is owned by, used as, or

operated by an airport;

(k)  A public or railroad right-of-way that exists as of January 1, 2024;


(l)  A parcel that, as of January 1, 2024, is used as a mobile home park, as

defined in section 38-12-201.5 (6);

(m)  A parcel that is:


(I)  Within a transit station area;


(II)  Separated by a state-owned limited-access highway or railroad track

from all exits to the transit station that is used to establish the transit station area referenced in subsection (2)(m)(I) of this section; and

(III)  Wholly beyond an area that is reachable by a person walking a distance

of no more than one-half mile from the transit station referenced in subsection (2)(m)(II) of this section, as designated by the walkshed map published by the department pursuant to section 29-35-207 (1)(b);

(n)  A parcel that, as of January 1, 2024, is owned by a federal, state, or local

government entity;

(o)  Any part of a parcel that, as of January 1, 2024, includes land that is park

and open space, as defined in section 29-7.5-103 (2);

(p)  A parcel that as of January 1, 2024, is owned by a school district, as

defined in section 22-30-103 (13); or

(q)  Any part of a parcel's zoning capacity where residential use is prevented

or limited to less than forty dwelling units per acre by state regulation, federal regulation, or deed restriction pursuant to either:

(I)  Federal aviation administration restrictions pursuant to 14 CFR part 77;


(II)  An environmental covenant pursuant to sections 25-15-318 to 25-15-323;

or

(III)  Restrictions within a flammable gas overlay zoning district.


(3)  Housing opportunity goal means a goal for the zoning capacity for

residential units in a transit-oriented community. A local government shall calculate its housing opportunity goal pursuant to section 29-35-204 (2).

(4)  Mixed-use pedestrian-oriented neighborhood means an area that

integrates land use types that include residential and nonresidential uses within a walkable neighborhood.

(5)  Neighborhood center means an area that both meets the requirements

of section 29-35-206 and is designated as a neighborhood center by a local government.

(6)  Net housing density means the number of residential units allowed per

acre of land on parcels that allow for residential development. In calculating net housing density for an area, a local government shall incorporate any dimensional or other restrictions in local laws used to regulate allowed density in the area, including but not limited to restrictions related to units per acre, lot area per unit, lot coverage, site level open space requirements, floor area ratios, setbacks, minimum parking requirements, and maximum height. Nothing in this subsection (6) means that, in calculating net housing density for an area, a local government shall include an area of an individual parcel required for stormwater drainage or a utility easement.

(7)  Optional transit area means the total area, measured in acres, within a

transit-oriented community that is within one-quarter mile of a public bus route or bus rapid transit corridor as identified in the criteria in subsection 29-35-207 (4).

(8)  Transit area means both a transit station area, as defined in subsection

(12) of this section, or a transit corridor area, as defined in subsection (10) of this section.

(9)  Transit center means an area that both meets the requirements of

section 29-35-205 and is designated as a transit center by a transit-oriented community.

(10)  Transit corridor area means the total area, measured in acres, within a

transit-oriented community that is within one-quarter mile of a public bus route as identified in the criteria in section 29-35-207 (3).

(11)  Transit-oriented community means a local government that:


(a)  Is either entirely or partially within a metropolitan planning organization;


(b)  Has a population of four thousand or more according to the most recent

data from the state demography office;

(c)  Contains at least seventy-five acres of transit area; and


(d)  If the local government is a county, contains either:


(I)  A part of a transit station area that is both in an unincorporated part of the

county and within one-half mile of a transit station that serves one or both of a commuter rail or a light rail service; or

(II)  A part of a transit corridor area that is both in an unincorporated part of

the county and fully surrounded by one or more municipalities.

(12)  Transit station area means the total area, measured in acres, within a

transit-oriented community that is within one-half mile of a station, as identified in the criteria in section 29-35-207 (2).

(13)  Zoning capacity means the total number of housing units allowed in an

area, as limited by the restrictions in local law that regulate density in that area, and as calculated by totaling the net housing density of all parcels within the area.

(14)  Zoning capacity buffer means the ratio of the number of housing units

anticipated to be constructed in an area to the zoning capacity of the area.

Source: L. 2024: Entire article added (see the editor's note following the part

2 heading), (HB 24-1313), ch. 168, p. 845, � 1, effective May 13. L. 2025: (2)(m)(II) and (2)(m)(III) amended, (SB 25-300), ch. 428, p. 2454, � 48, effective August 6.

C.R.S. § 30-20-1001

30-20-1001. Definitions. As used in this part 10, unless the context otherwise requires:

(1)  Consumer product means any device that is primarily intended for

personal or household use and is typically sold, distributed, or made available to the general population through retail or mail-order distribution. Such term does not include vehicles, motorcycles, wheelchairs, boats, or other forms of motive power. The term does include, but is not limited to, computers, games, telephones, radios, and similar electronic devices.

(2)  De minimis quantities of used oil means small spills, leaks, or drippings

from pumps, machinery, pipes, and other similar equipment during normal operations; except that the term shall not include used oil discarded as a result of abnormal operations resulting in substantial leaks, spills, or other releases.

(3)  Land disposal means placing, discarding, or otherwise disposing of

residentially generated solid wastes:

(a)  In any solid wastes disposal site and facility, transfer station, or

treatment, storage, or disposal facility operated by the state, a local government, or a private entity;

(b)  In sewers, drainage systems, septic tanks, surface or groundwaters,

watercourses, or any body of water; or

(c)  On the ground.


(4)  Lead-acid battery means a battery that:


(a)  Consists of lead and sulfuric acid;


(b)  Is used as a power source; and


(c)  Is not intended as a power source for consumer products.


(5)  Lubricating oil means the fraction of crude oil or synthetic oil used to

reduce friction in motorized equipment. Lubricating oil includes rerefined oil.

(6) (a)  Person means an individual.


(b)  Person shall not include waste haulers as defined in subsection (16) of

this section.

(7)  Residentially generated means used lead-acid batteries and used oil

generated by a person.

(8)  Retailer means any corporation, limited liability company, partnership,

individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that engages in the sale of new lead-acid batteries or lubricating oil directly to the end user.

(9)  Solid waste shall have the same meaning as set forth in section 30-20-101 (6).


(10)  Solid wastes disposal shall have the same meaning as set forth in

section 30-20-101 (7).

(11)  Solid wastes disposal site and facility shall have the same meaning as

set forth in section 30-20-101 (8).

(12)  Repealed.


(13)  Transfer station shall have the same meaning as set forth in section

30-20-101 (9).

(14)  Used lead-acid battery means any lead-acid battery that is no longer

functional or no longer used for its primary purpose.

(15)  Used oil means any residentially generated motor oil, refined from

crude oil or a synthetic oil, that has been used and as a result of that use is contaminated by physical or chemical impurities.

(16)  Waste hauler means any individual or any employee or agent of a

partnership, private, county, or municipal corporation, firm, board of a metropolitan district, or other association of persons that haul waste under contract, agreement, or as otherwise provided by law, to solid wastes disposal sites and facilities.

(17) and (18)  Repealed.


(19)  Wholesaler means any corporation, limited liability company,

partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that sells new lead-acid batteries or lubricating oil for resale.

Source: L. 2005: Entire part added, p. 1251, � 2, effective August 8. L. 2010:

(17) amended, (HB 10-1018), ch. 421, p. 2180, � 13, effective June 10. L. 2014: (7), (8), and (19) amended and (12), (17), and (18) repealed, (HB 14-1352), ch. 351, p. 1594, � 7, effective July 1.

C.R.S. § 30-35-201

30-35-201. Powers of governing bodies. The governing body of a home rule county shall exercise such duties and authority and shall have all the powers and responsibilities as provided by law for governing bodies of counties not adopting a home rule charter and shall also have all of the following powers that have been included in the county's home rule charter or in any amendment thereto, pursuant to the provisions of section 30-35-103 (1):

(Administrative Powers)

(1)  Finances.  To control the finances and property of the corporation;


(2)  Appropriations.  To appropriate moneys for corporate purposes only, and

provide for payment of debts and expenses of the corporation;

(3)  Public entertainment.  To appropriate moneys in an amount not

exceeding six-tenths of one mill on the valuation for assessment for the purpose of giving public concerts and entertainments by such corporation;

(4)  Advertising.  To appropriate moneys for the purpose of advertising the

business, social, and educational advantages, the natural resources, and the scenic attractions of the corporation;

(5)  Taxes.  To levy and collect taxes for general and special purposes on real

and personal property, as provided by statute;

(6)  Indebtedness.  (a)  To contract an indebtedness on behalf of the county

and upon the credit thereof, by borrowing money or issuing the bonds of the county, for any public purpose of the county, including, but not limited to, the supplying of water and sewer facilities service, the purchase of land, and the purchase, construction, extension, and improvement of public roads, streets, buildings, facilities, and equipment, and for the purpose of supplying a temporary deficiency in the revenue for defraying the current expenses of the county;

(b)  The total amount of indebtedness for all purposes shall not at any time

exceed three percent of the valuation for assessment of the county as determined by the county assessor, except such debt as may be incurred in supplying water, and no loan for any purpose shall be made unless it is by ordinance, which shall be irrepealable until the indebtedness therein provided for is fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied, and providing for the levying of a tax which, together with such other revenues, assets, or funds as may be pledged, shall be sufficient to pay the annual interest on, and extinguish the principal of, said debt within the time limited for the debt to run, which, excepting such debt as may be incurred in supplying water, shall not be more than thirty years; except that said tax when collected shall only be applied for the purposes in said ordinance specified, until the indebtedness is paid and discharged; but no debt shall be created unless the question of incurring the same is submitted, at a regular or special election of the county, to the registered electors thereof and a majority of the registered electors voting upon the question vote in favor of creating such debt.

(c)  No statutory provisions of any other law limiting or fixing tax rates shall

limit the provisions of this subsection (6).

(d)  Bonds issued under this subsection (6) may mature serially during a

period of not more than thirty years from the date thereof, in which event the amounts of such annual maturities shall be fixed by the governing body; except that bonds issued to supply water may mature over a longer period. If the governing body so determines, said bonds may be redeemable prior to maturity with or without payment of a premium, not exceeding three percent of the principal thereof. In any event said bonds shall be subject to call commencing not later than fifteen years from the date thereof. The right to redeem all or part of said bonds prior to their maturity, and the order of any such redemption, shall be reserved in the ordinance authorizing the issuance of bonds and shall be set forth on the face of said bonds.

(e)  The ordinance or resolution submitting the question of contracting an

indebtedness shall contain a statement of the maximum net effective interest rate at which said indebtedness may be incurred. For the purposes of this article:

(I)  Net effective interest rate of a proposed issue of bonds shall be defined

as the net interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities.

(II)  Net interest cost of a proposed issue of bonds shall be defined as the

total amount of interest to accrue on said bonds from their date to their respective maturities, plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.

(f) (I)  The governing body, having received approval at an election to issue

bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit, at another regular or special election, either the question of issuing the bonds, or any portion thereof, at a higher maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election or the question of issuing the bonds, or any portion thereof, to mature over a longer period of time than the maximum period of maturity approved at the original election, or the governing body may submit both such questions.

(II)  An election held pursuant to this paragraph (f) shall be held in

substantially the same manner as an election to authorize bonds initially, except as may be required for the submission of the limited question or questions permitted under this paragraph (f).

(III)  At an election held pursuant to this paragraph (f), if the changes

submitted are not approved, such result shall not impair the authority of the governing body at a later time to issue the bonds originally approved within the limitations established at the first election.

(7)  Officers and employees.  To provide by ordinance for the powers, duties,

appointment, term of office, removal, and compensation of all officers and employees of the county not otherwise provided for by the state constitution or by statute or by charter and to provide for a retirement plan for such officers and employees;

(8)  Supplies.  To provide by ordinance that all the paper, printing, stationery,

fuel, and other supplies needed for the use of the county shall be furnished by contract let to the lowest responsible bidder;

(9)  Charges on land.  To prescribe, by general ordinance, the mode in which

the charges on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes so authorized by law. Any such charge, when assessed, shall be payable by the owners at the time of the assessment, personally, and also be a lien upon lots or parcels of land from the time of the assessment. Such charge may be collected and such lien enforced by a proceeding in law or in equity, either in the name of such corporation or of any person to whom it shall have directed payment to be made. In any such proceedings where pleadings are required, it shall be sufficient to declare generally for work and labor done and materials furnished on the particular street, alley, or highway, for sewerage, or for water used. Proceedings may be instituted against all the owners, or any of them, to enforce the lien against all the lots or parcels of land, or each lot or parcel, or any number of them embraced in any one assessment; but the judgment or decree shall be for each separately for the amount properly chargeable to each. Any proceedings may be severed in the discretion of the court for the purpose of trial, review, or appeal.

(10)  Vacancies.  To fill any vacancy occurring by death, removal, or

resignation of any member of the governing body or other elective county officer by the appointment of a successor, and such appointee shall hold his office only until the next election, when the vacancy shall be filled by election as in other cases;

(11)  Grants of rights-of-way.  To grant, by ordinance and upon such terms

and conditions as may be prescribed therein, rights-of-way through, over, across, and under roads, streets, and alleys;

(Public Works and Services)

(12)  Buildings.  To construct and maintain public buildings;


(12.5)  Energy conservation measures.  To enter into installment purchase

contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.

(13)  Streets and public grounds. (a)  To plan, establish, open, alter, widen,

extend, grade, pave, or otherwise improve roads, streets, alleys, avenues, sidewalks, parks, and public grounds, and vacate the same, and to direct and regulate the landscaping within the rights-of-way of such roads, streets, and, avenues and on public grounds; to regulate the use of the same; to prevent and remove encroachments or obstructions upon the same; to provide for the lighting of the same; and to provide for the maintenance of the same;

(b)  To regulate the openings therein for the laying-out of gas or water mains

and pipes and the building and repairing of sewers, tunnels, and drains or for any other purpose;

(c)  To regulate the use of sidewalks along the streets and alleys, and all

structures thereunder, and to require the owner or occupant of any premises to keep the sidewalks free from snow and other obstructions;

(d)  To regulate and prevent the throwing or depositing of ashes, garbage, or

any offensive matter in, and to prevent any injury to, any road, street, avenue, alley, or public ground;

(e)  To provide for and regulate crosswalks, curbs, and gutters;


(f)  To regulate and prevent the use of roads, streets, sidewalks, and public

grounds for the erection of signs, signposts, awnings, awning posts, and utility poles and for the posting of handbills and advertisements; to regulate and prohibit the exhibition or carrying of banners, placards, advertisements, or handbills upon the streets or public grounds or upon the sidewalks; and to regulate and prevent the flying of flags, banners, or signs across the streets or from houses or other structures;

(g)  To regulate the numbering of houses and lots and to name and change

the name of any road, street, avenue, alley, or other public place;

(14)  Bridges and tunnels.  To construct and maintain bridges, viaducts, and

tunnels and to regulate the use thereof;

(15)  Sewers and water mains.  To construct and maintain culverts, drains,

sewers, water mains, septic tanks, and cesspools and to regulate their use and to assess, either in whole or in part, the cost of the construction of sewers, water mains, and drains upon the lots or lands adjacent to and opposite the improvements in proportion to the frontage of such lots or lands abutting upon the road, street, or alley wherein such sewer, water main, or drain is to be laid. The benefit to the public generally, if any, shall be determined by ordinance and shall be assessed against the county, and the balance may be assessed against the lots or lands and the owners thereof, according to the frontage.

(16)  Lease or purchase of canals.  To purchase or lease any canal or ditch

already constructed, or which may hereafter be constructed, and all the rights, privileges, and franchises of any person or corporation owning the same or having any interest or right therein, and to hold and operate the same in the same manner as the persons or corporations from whom the same may be purchased or leased might otherwise do, if such purchase or lease is made for the purpose of supplying, by said ditch or canal, water for the use of the people of the county and if a majority of the registered electors of the county voting at any regular election held for the election of county officers vote in favor of said purchase;

(17)  Obligations - repair - management.  In making a purchase or lease

pursuant to subsection (16) of this section, to assume all obligations and other duties which by law devolve upon the owner of such ditch or canal from whom the same may be purchased or leased by virtue of subsection (16) of this section and to repair, improve or enlarge said canal or ditch or any flume, dam, or gate connected therewith and, for such objects, to levy and collect taxes in the same manner as other taxes are levied and collected by law. The management of such ditch or canal shall be under the control of the governing body of a home rule county.

(18)  Counties may purchase water rights.  To purchase water and water

rights for the purpose of supplying counties and the inhabitants thereof with water. When deemed necessary and proper, the governing body of a county may purchase and hold the lands with which said water right is connected, whether the same is within or beyond the corporate limits thereof.

(19)  May divert waters - sell lands.  To divert the waters acquired by

purchase, to the amount and extent theretofore lawfully appropriated, for the use of the county and the inhabitants thereof and to sell such lands whenever the governing body of a county may deem such course advisable;

(20)  Ratification of prior rights purchased.  To exercise the right to hold and

retain water rights, or such lands and water rights as may have been purchased prior to June 8, 1981, by any county in this state for the purpose of providing water for the use thereof or for the use of its inhabitants, such right hereby being given and ratified and confirmed to the county; and also to exercise the right to divert the water belonging to such rights for the use of the county and the inhabitants thereof; and to sell and dispose of such lands so purchased separate and apart from the water rights as provided in subsection (19) of this section;

(21)  Water pollution control.  (a)  To cooperate with and report to the water

quality control commission and the department of public health and environment concerning any instances of water pollution, but this paragraph (a) shall not be construed to affect any activity conducted in compliance with any valid permit, license, or other authority granted or issued by any agency of the state or federal government;

(b)  To apply for and to accept grants or loans or any other aid from the

federal or state government or any agent or instrumentality thereof or any private agency;

(c)  To construct, reconstruct, lease, improve, better, and extend sewerage

facilities and sewage treatment works wholly within or wholly without the county or partially within and partially without the county;

(d)  To issue its general obligation bonds or other general obligations for the

purpose set forth in, and within the limitations prescribed by, subsection (6) of this section and to issue its revenue bonds or obligations for such purpose in accordance with law;

(e)  To provide that such bonds or obligations or any part thereof may be sold

to the state of Colorado or the United States of America or any agency or instrumentality of either at private sale and without advertisement;

(f)  To cooperate with other local public bodies and with state and federal

agencies by contract for the joint construction and financing of sewerage facilities and sewage treatment works and the maintenance and operation thereof;

(g)  To enter into joint operating agreements with industrial enterprises and

accept gifts or contributions from such industrial enterprises for the construction, reconstruction, improvement, and extension of sewerage facilities and sewage treatment works. When determined by its governing body to be in the public interest and necessary for the protection of the public health, the county is authorized to enter into and perform contracts, whether long-term or short-term, with any industrial establishment for the provision and operation by the county of sewerage facilities to abate or reduce the pollution of waters caused by discharges of industrial wastes by the industrial establishment and the payment periodically by the industrial establishment to the county of amounts at least sufficient, in the determination of such governing body, to compensate the county for the cost of providing, including the payment of the principal and any interest charges, and of operating and maintaining the sewerage facilities serving such industrial establishment.

(22)  Firehouses, equipment, and firefighters.  To erect firehouses, and

provide fire equipment for the extinguishment of fires and to provide for the use and management of the same; to determine the powers and duties of the members of the fire department in taking charge of property to the extent necessary to bring under control and extinguish any fire and to preserve and protect property not destroyed by fire; and to restrain persons from interfering with the discharge of the duties of the members of the fire department in connection with the fighting of any fire;

(23)  Hospitals and places of relief.  (a)  To erect, establish, and maintain

public hospitals, medical dispensaries, and other health facilities;

(b)  The limitations on borrowing and incurring indebtedness set forth in

section 25-3-304 (2), C.R.S., shall not apply to county hospitals established in home rule counties, as that term is defined in part 5 of article 11 of this title. The board of public hospital trustees in such home rule counties shall have the power to borrow money and enter into long term leases even where such indebtedness may not be repaid for more than one year and such indebtedness shall not require the approval of the board of county commissioners of such county unless such power to approve such indebtedness is specifically reserved to the board of county commissioners in the county home rule charter. The home rule county shall incur no liability as a result of the actions to incur indebtedness by such board of public hospital trustees.

(24)  Cemeteries.  To establish and regulate cemeteries within or without the

corporation and acquire lands therefor, by purchase or otherwise, and to cause cemeteries to be removed;

(25)  Franchise and charges for utilities.  When the right to build and operate

such water or cable television systems is granted to private individuals or incorporated companies by the county, to make such grant to inure for a term of not more than twenty-five years and to authorize such individuals or company to charge and collect from each person supplied by them with water or such water or cable television charges as may be agreed upon between said person or corporation so building said works and the county; and to enter into a contract with the individual or company constructing said works to supply the county with water for fire purposes and for such other purposes as may be necessary for the health and safety thereof and to pay therefor such sums as may be agreed upon between said contracting parties;

(26)  Assessments for utility charges.  To assess from time to time, when

constructing such water or cable television systems, in such manner as they shall deem equitable upon each tenement or other place supplied with such service, such charges as may be agreed upon by the governing body. At the regular time for levying taxes in each year, said county is hereby empowered to levy and cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable property in the county. Such tax, with charges hereby authorized, shall be sufficient to pay the expenses of operating and maintaining such systems. If the right to build, maintain, and operate such systems is granted to private individuals or incorporated companies by the county, and the county shall contract with said individuals or companies for the supplying of such services for any purpose, the county shall levy each year and cause to be collected a special tax as provided for above, sufficient to pay off such charges so agreed to be paid to said individuals or company constructing said systems, but the said special tax shall not exceed the sum of three mills on the dollar for any one year.

(27)  Water facilities and taxes.  To construct public wells, cisterns, and

reservoirs in the roads, streets, and other public and private places within the county, or beyond the limits thereof, and to provide proper pumps and conduits or ditches, for the purpose of supplying such county with water; and to levy an equitable and just tax or charge upon all consumers of water for the purpose of defraying the expense of such improvements;

(28)  Supply water to outside consumers.  To supply water from their water

systems to consumers outside of the county and to collect therefor such charges, upon such conditions and upon such limitations as the county may impose by ordinance;

(29)  Parks - recreational facilities - conservation easements.  (a)  To

acquire, establish, and maintain such lands, or interests in land, within the county as in the judgment of the governing body may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways or for park or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest.

(b)  Interests in land, as used in subsections (29) to (39) of this section,

means and includes any and all rights and interests in land less than the full fee interest, including, but not limited to, future interests, easements, covenants, and contractual rights. Every such interest in land held pursuant to this subsection (29), when recorded, shall be deemed to run with the land to which it pertains for the benefit of the county holding such interest and may be protected and enforced by a county in any court of general jurisdiction by any proceeding known at law or in equity.

(c)  Any county may unite with any other similarly authorized political

subdivision of this state in acquiring, establishing, and maintaining any property which a county is authorized to acquire, establish, or maintain pursuant to this subsection (29).

(30)  Lands or interests in land acquired.  With respect to lands, or interests

in land, for any of the purposes mentioned in subsection (29) of this section, to acquire, either by gift, devise, or purchase, but no land shall be purchased for such purpose until the governing body shall adopt an ordinance authorizing such acquisition and stating the location and legal description of the lands to be acquired and, in case of purchase, the price to be paid and the manner of payment or unless the proposal to acquire such lands shall be submitted upon petition pursuant to subsection (33) of this section and approved by the electors of the county. Lands or interests in land given or devised to a county for the purposes mentioned shall be accepted or refused by ordinance passed by the governing body of the county.

(31)  Management - licenses - franchises.  Exclusively, to manage and

control all parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads as mentioned in subsection (29) of this section and, exclusively, to lay out, regulate, and improve the same, to prohibit certain or heavy traffic therein and thereon, to grant or refuse licenses to vend goods on the roads, streets, or sidewalks within three hundred feet of any park entrance and on the streets and sidewalks adjoining parks, and to establish and maintain necessary rules and regulations for the proper supervision and government thereof. The county shall have such additional powers relating thereto as may be prescribed by ordinance, and the governing body shall provide, by ordinance, for the enforcement of such rules and orders.

(32)  Bequests for park purposes.  Upon such trusts or conditions as may be

approved by the county real or personal property may be granted, bequeathed, devised, or conveyed to the county for the purpose of the improvement or ornamentation of any park, pleasure ground, boulevard, parkway, avenue, driveway, or road or for the establishment or maintenance in parks or pleasure grounds of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments, or works of art. All such property or the rents, issues, and profits thereof shall be subject to the exclusive management and control of the county.

(33)  Acquisition and bonds submitted to electors.  (a)  For any of the

purposes named in subsection (29) of this section within the county limits, to acquire, by purchase, gift, devise, or exchange, lands, or interests in land, which may be necessary, suitable, or proper. No lands or interests in land shall be so acquired by purchase unless the governing body has adopted an ordinance in accordance with the provisions of subsection (30) of this section. No indebtedness shall be created nor shall any bonds be issued for acquiring such lands or interests in land, unless the question of incurring such debt and issuing such bonds shall have been submitted at a regular election to a vote of those persons qualified to vote on authorization of other bonded indebtedness and approved as required by subsection (6) of this section.

(b)  The governing body, upon petition of the registered electors of the

county, equal in number to ten percent of the total number of such electors voting at the last regular election of the county, shall submit at the next regular election either or both of the questions of acquisition or of incurring bonded indebtedness by separate ordinance. In the ordinance submitting the question of the acquisition of such lands or interests in land, the governing body shall state the location of the land or interests in land proposed to be acquired, describing the same by legal subdivisions, wherever practicable, and the consideration to be given for the purchase and the manner of payment; and, in the ordinance submitting the question of incurring indebtedness, the governing body shall state the maximum net effective interest rate at which the bonds may be issued. If the only question to be submitted is the acquisition of such properties, the question may be submitted at a regular or special election. If the acquisition or incurring of indebtedness or both have been approved as required by subsection (6) of this section, the governing body shall acquire such lands or interests in land, incur said indebtedness, or both, pursuant to said authorization.

(34)  Park fund - certified vouchers.  To provide for a park fund which shall

consist of moneys levied, collected, and appropriated therefor and coming into the fund by donation or otherwise. All moneys collected and credited to the park fund shall be used for the maintenance and improvement of parks, parkways, boulevards, avenues, driveways, and roads and shall be expended by the county as in their judgment the needs of such property shall require. The same shall be drawn upon the proper officers of the county, upon vouchers properly authenticated.

(35)  Maximum tax levy - moneys credited.  (a)  As a part of the annual levies

authorized by law, to annually levy, assess, and collect upon each dollar of taxable property within the county not more than one and one-half mills for the purposes of said park fund, the proceeds of which shall be collected in the same manner as other county taxes and shall be appropriated to the park fund.

(b)  All moneys collected or received or levied or appropriated by the county

for park purposes shall be deposited in the county treasury to the credit of the park fund. Any portion thereof remaining unexpended at the end of any fiscal year or at any other time shall not in any event revert into the general fund nor be subject to appropriation for general purposes.

(36)  Acquisition of park land by assessment and bond sale.  In addition to

the powers conferred to acquire lands for parks and parkways by the sale of the general bonds of the county, to acquire boulevards, parkways, avenues, driveways, and roads, in the manner provided in subsection (37) of this section, the same to be paid for by special assessments upon all the other real estate, except avenues, boulevards, streets, and roads, in the county or partly out of the proceeds of the sale of the general bonds of the county and partly by such assessments as the same may be determined by ordinance.

(37)  Acquisition by condemnation.  For the purpose of acquiring lands for

boulevards, parkways, avenues, driveways, and roads, to select and, by a suitable proceeding in the name of the county and without the passage of any ordinance, to condemn real property, to purchase any real property so selected for one or more boulevards, parkways, avenues, driveways, or roads, and to select routes and streets for the purpose of establishing and maintaining a system of connecting boulevards and pleasure ways or parkways therein. All such condemnation proceedings shall be in accordance with the general laws of the state, so far as the same are applicable, but the benefit to other lands shall be ascertained and assessed.

(38)  Park bonds.  To pay for the parks and pleasure grounds, boulevards,

parkways, avenues, driveways, and roads established by any county, or such part thereof, as may be determined by the county, in park bonds of the county of a date and form prescribed by the county, bearing the name of the county, and payable to bearer at such times and in a sufficient period of years to cover the period of payments provided for, with interest annually at a rate or rates such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, as may be determined by the governing body. The bonds shall be signed by the executive officer, countersigned by the county clerk and recorder, and bearing the seal of the county endorsed thereon, the interest to be evidenced by suitable coupons attested by a facsimile of the signature of the county clerk and recorder.

(39)  Control of park grounds.  In all cases where any home rule county has

acquired lands for parks, parkways, boulevards, or roads, to have full police power and jurisdiction and full power and authority in the management, control, improvement, and maintenance of and over any and all such lands so acquired; to have power and authority to provide by ordinance for the regulation and control of its lands so acquired and to prevent the commission of any and all acts which are or may be declared unlawful and to prosecute and punish the violation of any ordinances in its county courts. A county shall have like power and jurisdiction to regulate and prevent the erection, construction, and maintenance, within three hundred feet of any such park, parkway, boulevard, or road, of any advertisement or of any billboard or other structure for advertisements, and the county shall also have like power and jurisdiction over the use of any public roads, boulevards, or parkways within such parks and running over or through or between such lands and any public roads, boulevards, or parkways between any such parks or pleasure ground and its county boundaries.

(Building and Zoning Regulations)

(40)  Planning and zoning.  To exercise the powers of planning and zoning

pursuant to the provisions of article 28 of this title;

(Condemnation Powers)

(41)  Streets and sewers.  To extend, by condemnation or otherwise, any

road, street, alley, or highway, over or across, or to construct any sewer under or through any railroad track, right-of-way, or land of any railroad company, within the county jurisdiction, but, where no compensation is made to such railroad company, the county shall restore such railroad track, right-of-way, or land to its former condition or in a sufficient manner not to have impaired its usefulness;

(42)  Public transportation - rights-of-way.  To grant the use of, or right to

lay down, any railroad track in any road or street of the county to any public transportation company;

(43)  Utilities.  To condemn and appropriate so much private property as shall

be necessary for the construction and operation of sewers in such manner as may be prescribed by law;

(Ordinance Power)

(44)  Power and penalties.  To pass all ordinances and rules and make all

regulations proper or necessary to carry into effect the powers granted to home rule counties, with such fines and penalties as the governing body shall deem proper, but no fine or penalty shall exceed three hundred dollars, and no imprisonment shall exceed ninety days for one offense;

(45)  Enforcement.  To enact and provide for the enforcement of all county

ordinances necessary to protect life, health, and property; to prevent and remove nuisances defined by statute and upon complaint to the district attorney; to preserve the general welfare, order, and security of the county and its inhabitants;

(46)  Parking - facilities.  To provide, by ordinance, for the construction,

maintenance, and operation of public parking facilities, buildings, stations, or lots by the county and to pay for the cost thereof by general tax levy or otherwise or by the issuance of bonds of the county, which bonds may be retired by revenues assessed and collected as rentals, fees, or charges from the operation of such facilities or from parking meter rentals or charges.

Source: L. 81: Entire article added, p. 1462, � 1, effective June 8. L. 91: (12.5)

added, p. 733, � 5, effective May 1. L. 94: (21)(a) amended, p. 2801, � 563, effective July 1.

C.R.S. § 38-13-102

38-13-102. Definitions. As used in this article 13, unless the context otherwise requires:

(1)  Administrator means the state treasurer.


(2)  Administrator's agent means a person with whom the administrator

contracts to conduct an examination under part 10 of this article 13 on behalf of the administrator. The term includes an independent contractor of the person and each individual participating in the examination on behalf of the person or contractor.

(3)  Apparent owner means a person whose name appears on the records of

a holder as the owner of property held, issued, or owing by the holder.

(4)  Business association means an entity as defined in section 7-90-102

(20), but does not include an investment company registered under the federal Investment Company Act of 1940, as amended, 15 U.S.C. secs. 80a-1 to 80a-64.

(5)  Confidential information means records, reports, and information that

are confidential under section 38-13-1402.

(5.5)  Cryptocurrency means a digital currency in which transactions are

verified and records are maintained by a decentralized system using a blockchain rather than by a centralized authority.

(6)  Domicile means:


(a)  For a corporation, the state of its incorporation;


(b)  For a business association whose formation requires a filing with a state,

other than a corporation, the state of its filing;

(c)  For a federally chartered entity or an investment company registered

under the federal Investment Company Act of 1940, as amended, 15 U.S.C. secs. 80a-1 to 80a-64, the state of its home office; and

(d)  For any other holder, the state of its principal place of business.


(7)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(8)  Electronic mail means any communication of information by electronic

means that is automatically retained and stored and may be readily accessed or retrieved.

(9)  Financial organization means a savings and loan association, building

and loan association, savings bank, industrial bank, bank, banking organization, or credit union.

(9.5)  Financial organization loyalty card means a record given with or

without direct monetary consideration, under an award, reward, benefit, loyalty, incentive, rebate, or promotional program established by a financial organization for purposes of rewarding a relationship with the sponsoring entity. The term includes a record that may be monetized.

(10)  Game-related digital content means digital content that exists only in

an electronic game or electronic-game platform. The term:

(a)  Includes:


(I)  Game-play currency such as a virtual wallet, even if denominated in

United States currency; and

(II)  The following if for use or redemption only within that game or platform

or another electronic game or electronic-game platform:

(A)  Points sometimes referred to as gems, tokens, gold, and similar names;

and

(B)  Digital codes; and


(b)  Does not include an item that the issuer:


(I)  Permits to be redeemed for use outside of a game or platform for:


(A)  Money; or


(B)  Goods or services that have more than minimal value; or


(II)  Otherwise monetizes for use outside of a game or platform.


(11)  Gift card:


(a)  Means a stored-value card:


(I)  The value of which does not expire;


(II)  That may be decreased in value only by redemption for merchandise,

goods, or services; and

(III)  That, unless required by law, may not be redeemed for or converted into

money or otherwise monetized by the issuer; and

(b)  Includes a prepaid commercial mobile radio service, as defined in 47 CFR

20.3, as amended.

(12)  Holder means a person obligated to hold for the account of, or to

deliver or pay to, the owner property that is subject to this article 13.

(13)  Insurance company means an association, corporation, or fraternal or

mutual-benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit-life, contract-performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage-protection, and workers' compensation insurance.

(13.3)  Legacy preneed contract means a preneed contract, as defined in

section 10-15-102 (13), including both a preneed contract for funeral merchandise and services and a preneed contract for cemetery merchandise and services, that was entered into before August 10, 2022.

(13.5)  Legacy preneed contract beneficiary means, for any legacy preneed

contract entered into on or after July 1, 1967, any person specified in the legacy preneed contract upon whose death a final resting place, merchandise, as defined in section 10-15-102 (1), or services, as defined in section 10-15-102 (16), shall be provided, delivered, or performed.

(14)  Loyalty card means a record given without direct monetary

consideration, under an award, reward, benefit, loyalty, incentive, rebate, or promotional program, that may be used or redeemed only to obtain goods or services or a discount on goods or services. The term does not include a record that may be redeemed for money or otherwise monetized by the issuer.

(15)  Mineral means gas, oil, coal, oil shale, other gaseous liquid or solid

hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral under Colorado law other than this article 13.

(16)  Mineral proceeds means an amount payable for extraction, production,

or sale of minerals or, on the abandonment of the amount, the amount that becomes payable after abandonment. The term includes an amount payable:

(a)  For the acquisition and retention of a mineral lease, including a bonus,

royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental;

(b)  For the extraction, production, or sale of minerals, including a net

revenue interest, royalty, overriding royalty, extraction payment, and production payment; and

(c)  Under an agreement or option, including a joint operating agreement, unit

agreement, pooling agreement, and farm-out agreement.

(17)  Money order means a payment order for a specified amount of money

and includes an express money order and a personal money order on which the remitter is the purchaser.

(18)  Municipal bond means a bond or evidence of indebtedness issued by a

municipality or other political subdivision of a state.

(19)  Net card value means the original purchase price or original issued

value of a stored-value card, plus amounts added to the original price or value and minus amounts used and any service charge, fee, or dormancy charge permitted by law.

(20)  Nonfreely transferable security means a security that cannot be

delivered to the administrator by the Depository Trust Clearing Corporation or a similar custodian of securities providing post-trade clearing and settlement services to financial markets or cannot be delivered because there is no agent to effect transfer. The term includes a worthless security.

(21)  Owner means a person that has a legal, beneficial, or equitable

interest in property subject to this article 13 or the person's legal representative when acting on behalf of the owner. The term includes:

(a)  A depositor, for a deposit;


(b)  A beneficiary, for a trust other than a deposit in trust;


(c)  A creditor, claimant, or payee, for other property; and


(d)  The lawful bearer of a record that may be used to obtain money, a reward,

or a thing of value.

(22)  Payroll card means a record that evidences a payroll-card account as

defined in Regulation E, 12 CFR Part 1005, as amended.

(23)  Person means an individual; estate; business association; public

corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.

(24)  Property means tangible property described in section 38-13-205 or a

fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government, governmental subdivision, agency, or instrumentality. The term:

(a)  Includes all income from or increments to the property;


(b)  Includes property referred to as or evidenced by:


(I)  Money, virtual currency, interest, dividend, a check, draft, deposit, or

payroll card;

(II)  A credit balance, customer's overpayment, stored-value card, security

deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance;

(III)  A security except for:


(A)  A worthless security; or


(B)  A security that is subject to a lien, legal hold, or restriction evidenced on

the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;

(IV)  A bond, debenture, note, or other evidence of indebtedness;


(V)  Money deposited to redeem a security, make a distribution, or pay a

dividend;

(VI)  An amount due and payable under the terms of an annuity contract or

insurance policy; and

(VII)  An amount distributable from a trust or custodial fund established

under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee-savings, supplemental-unemployment insurance, or similar benefits; and

(c)  Does not include:


(I)  Property held in a plan described in section 529A of the federal Internal

Revenue Code of 1986, as amended, 26 U.S.C. sec. 529A;

(II)  Game-related digital content;


(III)  A loyalty card;


(IV)  A paper certificate that is redeemable upon presentation for goods or

services;

(V)  Unclaimed capital credit payments held by cooperative electric

associations and telephone cooperatives; or

(VI)  A financial organization loyalty card.


(25)  Putative holder means a person believed by the administrator to be a

holder, until the person pays or delivers to the administrator property subject to this article 13 or the administrator or a court makes a final determination that the person is or is not a holder.

(26)  Record means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in perceivable form.

(27)  Security means:


(a)  A security as defined in section 4-8-102 (15); or


(b)  A security entitlement as defined in section 4-8-102 (17), including a

customer security account held by a registered broker-dealer to the extent that the financial assets held in the security account are not:

(I)  Registered on the books of the issuer in the name of the person for which

the broker-dealer holds the assets;

(II)  Payable to the order of the person; or


(III)  Specifically indorsed to the person; or


(c)  An equity interest in a business association not included in subsection

(27)(a) or (27)(b) of this section.

(28)  Sign means, with present intent to authenticate or adopt a record:


(a)  To execute or adopt a tangible symbol; or


(b)  To attach to or logically associate with the record an electronic symbol,

sound, or process.

(29)  State means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(30)  Stored-value card:


(a)  Means a record evidencing a promise made for consideration by the seller

or issuer of the record that goods, services, or money will be provided to the owner of the record to the value or amount shown in the record;

(b)  Includes:


(I)  A record that contains or consists of a microprocessor chip, magnetic

strip, or other means for the storage of information, that is prefunded and whose value or amount is decreased on each use and increased by payment of additional consideration;

(II)  A gift card, except as specified in section 38-13-219; and


(III)  A payroll card; and


(c)  Does not include a loyalty card, a financial organization loyalty card, or

game-related digital content.

(31)  Utility means a person that owns or operates for public use a plant,

equipment, real property, franchise, or license for the following public services:

(a)  Transmission of communications or information;


(b)  Production, storage, transmission, sale, delivery, or furnishing of

electricity, water, steam, or gas; or

(c)  Provision of sewage and septic services or trash, garbage, or recycling

disposal.

(32)  Virtual currency means any type of digital representation of value,

including cryptocurrency, that is used as a medium of exchange, unit of account, or a store of value, but that does not have legal tender status as recognized by the United States. The term does not include:

(a)  The software or protocols governing the transfer of the digital

representation of value;

(b)  Game-related digital content;


(c)  A loyalty card;


(d)  A financial organization loyalty card; or


(e)  A gift card.


(33)  Worthless security means a security whose cost of liquidation and

delivery to the administrator would exceed the value of the security on the date a report is due under this article 13.

Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 407, � 1, effective

July 1, 2020. L. 2021: (9.5), (24)(c)(VI), and (32)(d) added and (24)(c)(IV), (24)(c)(V), (30)(c), (32)(b), and (32)(c) amended, (SB 21-121), ch. 32, p. 131, � 1, effective April 15. L. 2025: (5.5), (13.3), (13.5), and (32)(e) added and IP(32), (32)(c), and (32)(d) amended, (HB 25-1224), ch. 440, p. 2531, � 2, effective June 4.

C.R.S. § 38-6-122

38-6-122. Eminent domain beyond city limits. Cities and towns are granted the power of eminent domain both within and beyond their corporate limits, for the purpose of constructing or installing storm or sanitary sewers, septic tanks, disposal works, or electric lines, regulator stations, substations, and related facilities, such power to be exercised in the manner prescribed by law. Nothing in this section shall authorize the pollution or contamination of any public river, stream, or water.

Source: L. 21: p. 773, � 1. C.L. � 9097. CSA: C. 163, � 140. CRS 53: � 50-6-22.

L. 63: p. 482, � 8. C.R.S. 1963: � 50-6-22.

PART 2

CONDEMNATION OF WATER RIGHTS

C.R.S. § 8-20-1004

8-20-1004. Rules. The director has the authority to promulgate rules as necessary for the implementation of this part 10.

Source: L. 2008: Entire part added, p. 1022, � 3, effective May 21.

ARTICLE 20.5

Petroleum Storage Tanks

Editor's note: This article was added with relocations in 1995 containing

relocated provisions of some sections formerly located in parts 5, 6, and 7 of article 20 of this title and article 18 of title 25. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated.

PART 1

ADMINISTRATION

8-20.5-101.  Definitions. As used in this article, unless the context otherwise

requires:

(1)  Abandoned tank means an underground or aboveground petroleum

storage tank that the current tank owner or operator or current property owner did not install, has never operated or leased to another for operation, and had no reason to know was present on the site at the time of site acquisition.

(2) (a)  Aboveground storage tank means any one or a combination of

containers, vessels, and enclosures, including structures and appurtenances connected to them, constructed of nonearthen materials, including but not limited to concrete, steel, or plastic, which provide structural support, used to contain or dispense fuel products and the volume of which, including the pipes connected thereto, is ninety percent or more above the surface of the ground.

(b)  Aboveground storage tank does not include:


(I)  A wastewater treatment tank system that is part of a wastewater

treatment facility;

(II)  Equipment or machinery that contains regulated substances for

operational purposes;

(III) (A)  Farm and residential tanks or tanks used for horticultural or

floricultural operations.

(B)  Nothing in sub-subparagraph (A) of this subparagraph (III), as amended

by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(IV)  Aboveground storage tanks located at natural gas pipeline facilities that

are regulated under state or federal natural gas pipeline acts;

(V)  Aboveground storage tanks associated with natural gas liquids

separation, gathering, and production;

(VI)  Aboveground storage tanks associated with crude oil production,

storage, and gathering;

(VII)  Aboveground storage tanks at transportation-related facilities

regulated by the federal department of transportation;

(VIII)  Aboveground storage tanks used to store heating oil for consumptive

use on the premises where stored;

(IX)  Aboveground storage tanks used to store flammable and combustible

liquids at mining facilities and construction and earthmoving projects, including gravel pits, quarries, and borrow pits where, in the opinion of the director of the division of oil and public safety, tight control by the owner or contractor and isolation from other structures make it unnecessary to meet the requirements of this article;

(X)  Any other aboveground tank excluded by regulation.


(2.5)  Alternative fuel means a motor fuel that combines petroleum-based

fuel products with renewable fuels.

(3)  Closure means the abandonment of an underground storage tank in

place or the removal and disposal of an underground storage tank.

(4)  Department means the department of labor and employment, created

in section 24-1-121, C.R.S.

(5)  Designee means a qualified municipality, city, home rule city, city and

county, county, fire protection district, or any other political subdivision of the state, including a county or district public health agency created pursuant to section 25-1-506, C.R.S., which county or district public health agency is acting under agreement or contract with the department for the implementation of the provisions of this article.

(5.5)  Fee lands means land owned in fee simple within the exterior

boundaries of the Southern Ute Indian reservations in Colorado. Fee land does not mean land owned by an Indian tribe or the federal government or held in trust by the federal government for the use or benefit of an Indian tribe or its members.

(6)  Fuel products means all gasoline, aviation gasoline, diesel, aviation

turbine fuel, jet fuel, fuel oil, biodiesel, biodiesel blends, kerosene, all alcohol blended fuels, gas or gaseous compounds, and other volatile, flammable, or combustible liquids, produced, compounded, and offered for sale or used for the purpose of generating heat, light, or power in internal combustion engines or fuel cells, for cleaning or for any other similar usage.

(7)  Municipality means any city or any town operating under general or

special laws of the state of Colorado or any home rule city or town, the charter or ordinances of which contain no provisions inconsistent with the provisions of part 3 of this article.

(8)  Operator means any person in control of, or having responsibility for,

the operation of an underground or aboveground storage tank.

(9)  Orphan tank means an underground storage tank which is:


(a)  Owned or operated by an unidentified owner as defined in this article; or


(b)  No longer in use and was not closed in accordance with the procedures

required by this article and the property has changed ownership prior to December 22, 1988, and such property is no longer used to dispense fuels.

(10) (a)  Owner means:


(I)  In the case of an underground storage tank in use on or after November 8,

1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances;

(II)  In the case of an underground storage tank in use before November 8,

1984, but no longer in use on or after November 8, 1984, any person who owned such tank immediately before the discontinuation of its use; or

(III)  Any person who owns an aboveground storage tank.


(b)  For purposes of corrective action for petroleum releases, the term

owner does not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect a security interest in or lien on the tank or the property where the tank is located.

(11)  Person means any individual, trust, firm, joint-stock company,

corporation (including a government corporation), partnership, association, commission, municipality, state, county, city and county, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, or the government of the United States.

(12)  Property owner means a person having a legal or equitable interest in

real or personal property that is subject to this article.

(13)  Regulated substance means:


(a)  Any substance defined in section 101 (14) of the federal Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, as amended, but not including any substance regulated as a hazardous waste under subtitle C of Title II of the federal Resource Conservation and Recovery Act of 1976, as amended;

(b)  Petroleum, including crude oil, and crude oil or any fraction thereof that is

liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute);

(c)  Alternative fuel; or


(d)  Renewable fuel.


(14)  Release means any spilling, leaking, emitting, discharging, escaping,

leaching, or disposing of a regulated substance from an underground storage tank into groundwater, surface water, or subsurface soils.

(14.5)  Renewable fuel means a motor vehicle fuel that is produced from

plant or animal products or wastes, as opposed to fossil fuel sources.

(15)  Reportable quantities means quantities of a released regulated

substance which equal or exceed the reportable quantity under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and petroleum products in quantities of twenty-five gallons or more.

(16)  Tank means a stationary device designed to contain an accumulation

of a regulated substance, constructed primarily of nonearthen materials which provide structural support including, but not limited to, wood, concrete, steel, or plastic.

(17) (a)  Underground storage tank means any one or combination of tanks,

including underground pipes connected thereto, except those identified in paragraph (b) of this subsection (17), that is used to contain an accumulation of regulated substances and the volume of which, including the volume of underground pipes connected thereto, is ten percent or more beneath the surface of the ground.

(b)  Underground storage tank does not include:


(I)  Any farm or residential tank with a capacity of one thousand one hundred

gallons or less used for storing motor fuel for noncommercial purposes;

(II)  Any tank used for storing heating oil for consumptive use on the premises

where stored;

(III)  Any septic tank;


(IV)  Any pipeline facility, including its gathering lines, regulated under the

federal Natural Gas Pipeline Safety Act of 1968, as amended, or the federal Hazardous Liquid Pipeline Safety Act of 1979, as amended, or regulated under Colorado law if such facility is an intrastate facility;

(V)  Any surface impoundment, pit, pond, lagoon, or landfill;


(VI)  Any storm-water or wastewater collection system;


(VII)  Any flow-through process tank;


(VIII)  Any liquid trap or associated gathering lines directly related to oil or

gas production and gathering operations;

(IX)  Any storage tank situated in an underground area, such as a basement,

cellar, mine-working, drift, shaft, or tunnel area, if the tank is situated upon or above the surface of the floor;

(X)  Any pipes connected to any tank described in subparagraphs (I) to (IX) of

this paragraph (b); or

(XI)  Any other underground tank excluded by regulation.


(18)  Upgrade means the addition or retrofit of some systems such as

cathodic protection, lining, modification of the system piping, or spill and overfill controls to improve the ability of a petroleum storage tank system to prevent the release of product.

Source: L. 95: Entire article added, p. 389, � 1, effective July 1. L. 96: (1) and

(2)(b) amended and (17)(b)(XI) added, pp. 710, 711, �� 2, 3, effective May 15. L. 2001: (2)(b)(IX) amended, p. 1125, � 41, effective June 5. L. 2005: (5.5) added, p. 418, � 4, effective July 1; (2)(b)(III) amended, p. 347, � 2, effective August 8; (6) amended, p. 1348, � 21, effective August 8. L. 2007: (2.5) and (14.5) added and (13) amended, p. 1760, �� 3, 4, effective June 1. L. 2008: (5) amended, p. 2051, � 4, effective July 1. L. 2009: (13)(a) amended, (SB 09-292), ch. 369, p. 1939, � 6, effective August 5.

Editor's note: This section is similar to �� 8-20-501, 8-20-601, 8-20-702, and

25-18-102 as they existed prior to 1995.

Cross references: For the federal Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, see Pub.L. 96-510, codified at 42 U.S.C. � 9601 et seq. For the federal Resource Conservation and Recovery Act of 1976, see Pub.L. 94-580, codified at 42 U.S.C. � 6901 et seq. For the federal Natural Gas Pipeline Safety Act of 1968, see Pub.L. 90-481. For the federal Hazardous Liquid Pipeline Safety Act of 1979, see Pub.L. 96-129.

8-20.5-102.  Registration - fees. (1)  Each owner or operator of an

underground or aboveground storage tank shall register such tank with the director of the division of oil and public safety within thirty days after the first day on which the tank is actually used to contain a regulated substance or, in the case of an aboveground storage tank, on or before July 1, 1993, or, thereafter, within thirty days after the first day on which the tank is actually used to contain a regulated substance. Each owner or operator shall renew such registration annually on or before the calendar day and month of initial registration for each year in which the storage tank is in use. An underground storage tank is considered to be in use at all times, except when the tank has been either removed from the ground or permanently closed in accordance with the rules promulgated pursuant to section 8-20.5-202 (1.5) that relate to the closure of such tanks.

(2)  To register or renew registration of an underground or aboveground

storage tank, the owner or operator of the tank shall submit to the director of the division of oil and public safety a completed registration or renewal form and payment of the fee established in subsection (3) of this section. The director of the division of oil and public safety shall provide registration and renewal forms.

(3)  The registration and renewal fee shall be thirty-five dollars for each tank

for each year. The fees collected pursuant to this subsection (3) shall be credited to the petroleum storage tank fund created in section 8-20.5-103.

(4)  The director of the division of oil and public safety shall collect

delinquent registration and renewal fees and assess a penalty of up to twice the amount of such fees and reasonable costs associated with the collection of such fees.

Source: L. 95: Entire article added, p. 392, � 1, effective July 1. L. 2001: (1), (2),

and (4) amended, p. 1125, � 42, effective June 5. L. 2007: (4) amended, p. 386, � 2, effective April 3; (1) amended, p. 981, � 3, effective July 1.

Editor's note: This section is similar to former � 8-20-506 as it existed prior

to 1995.

8-20.5-103.  Petroleum storage tank fund - petroleum cleanup and

redevelopment fund - creation - rules - definition - repeal. (1) There is hereby created in the state treasury the petroleum storage tank fund, which is an enterprise fund. The fund consists of the following:

(a)  Registration and annual renewal fees collected from owners or operators

of aboveground and underground storage tanks pursuant to section 8-20.5-102 (3);

(b)  Repealed.


(c)  Fees collected pursuant to section 8-20.5-102 (4);


(d)  Surcharge funds collected pursuant to section 8-20-206.5;


(e)  Moneys reimbursed to the department in payment for costs incurred in

the investigation of a release and performance of corrective action pursuant to section 8-20.5-209;

(f)  Any moneys appropriated to the fund by the general assembly;


(g)  Any moneys granted to the department from a federal agency for

administration of the underground storage tank program; and

(h)  Moneys from bonds issued pursuant to subsection (8) of this section.


(2) (a)  The moneys in the petroleum storage tank fund and all interest earned

on moneys in the fund shall not be credited or transferred to the general fund at the end of the fiscal year.

(b)  Repealed.


(3)  The money in the petroleum storage tank fund is continuously

appropriated to the division of oil and public safety; except that the expenditure of money for the purposes specified in subsections (3)(b), (3)(f), and (3)(g) of this section is subject to annual appropriation by the general assembly. The fund shall be used for:

(a)  Petroleum corrective action purposes and third-party liability where the

costs exceed the minimum financial responsibility requirements of the owner or operator provided for in section 8-20.5-206; except that moneys from the fund may not be used for initial abatement and corrective action regarding fuels that are especially prepared and sold for use in aircraft or railroad equipment or locomotives;

(b)  Administrative costs, limited each year to the amount of the registration

fee stated in section 8-20.5-102, including costs for contract services and costs related to the delegation of duties to units of local government which are incurred by the department of labor and employment in carrying out administrative responsibilities pursuant to this article;

(c)  Any costs related to the abatement of fire and safety hazards as ordered

by the director of the division of oil and public safety pursuant to section 8-20.5-208 (3);

(d)  Investigation of releases or suspected releases and performance of

corrective action for petroleum releases by the department or its designated agent pursuant to section 8-20.5-209;

(e)  Any federal program pertaining to petroleum underground storage tanks,

which program requires state-matching dollars;

(f) (I)  Costs related to petroleum storage tank facility inspections and meter

calibrations.

(II)  This subsection (3)(f) is repealed, effective September 1, 2033.


(g)  Administrative costs necessary for the implementation of this article and

section 8-20-206.5.

(3.5) (a)  Moneys in the petroleum storage tank fund may be used as

incentives to underground or aboveground storage tank owners and operators for significant operational compliance or to upgrade existing systems. The director of the division of oil and public safety shall promulgate rules to implement this subsection (3.5).

(b)  As used in this subsection (3.5), significant operational compliance

means that an owner or operator of an underground or aboveground storage tank is in full compliance with all of the requirements of this article and, through one or more best management practices that are not otherwise required, has prevented or reduced the threat of a release to the environment.

(3.7)  The director of the division of oil and public safety may annually

transfer up to five hundred thousand dollars from the petroleum storage tank fund to the petroleum cleanup and redevelopment fund.

(4)  Appropriations of moneys out of the fund for the purpose of initial

abatement response or for corrective action purposes in the cleanup of releases shall be used only for those stated purposes and shall not be used for any administrative costs incurred by the department. Any amounts used for initial abatement response or for corrective action purposes shall be reported annually to the general assembly and the joint budget committee.

(5)  Subject to section 8-20.5-104, the fund shall be available only to those

underground and aboveground storage tanks owners or operators who are in compliance with the provisions of section 8-20.5-209 and regulations promulgated pursuant to sections 8-20.5-202 and 8-20.5-302.

(6)  Moneys in the petroleum storage tank fund shall not be used:


(a)  Repealed.


(b)  To fund any programs that are not specifically stated within this section.


(7) (a)  Subject to sections 8-20.5-206 (6) and 8-20.5-303 (6), owners and

operators of underground and aboveground storage tanks on fee lands shall be eligible for access to the fund if the tank owner or operator:

(I)  Has registered such tanks pursuant to section 8-20.5-102 and paid the

surcharges imposed by section 8-20-206.5;

(II)  Can demonstrate that the owner or operator is in compliance with the

rules promulgated pursuant to sections 8-20.5-202 and 8-20.5-302; and

(III)  Can demonstrate that the owner or operator has complied with sections

8-20.5-209 and 8-20.5-304 and any other rules, policies, and procedures of the department concerning corrective action.

(b)  Underground and aboveground storage tank owners and operators who

have been denied access to the fund prior to July 1, 2005, based upon a determination that the tanks are on fee lands, are eligible to reapply for reimbursement from the fund if the application is filed prior to December 31, 2005, and is not barred by settlement or other agreement.

(c)  Nothing in this subsection (7) shall be construed to modify the

department's authority to regulate operation of or corrective action for underground and aboveground storage tanks on fee lands.

(7.5)  Repealed.


(8)  The executive director of the department is authorized to issue bonds to

reimburse assessment and corrective action costs to remediate petroleum contamination. The petroleum storage tank committee may temporarily raise such bonding limits in the event of extraordinary circumstances or environmental conditions.

(9) (a)  There is hereby created in the state treasury the petroleum cleanup

and redevelopment fund, which is referred to in this subsection (9) as the redevelopment fund. The redevelopment fund's sources of revenue are:

(I)  Civil penalties collected pursuant to section 8-20.5-107;


(II)  Any public or private gifts, grants, or donations to the redevelopment

fund received by the department;

(III)  Any legislative appropriations made to the redevelopment fund;


(IV)  Earned interest, which the state treasurer shall deposit in the

redevelopment fund; and

(V)  Money transferred from the petroleum storage tank fund pursuant to

subsection (3.7) of this section.

(b) (I)  The department may use revenues in the redevelopment fund for

administration, investigation, abatement action, and preparing and implementing corrective action plans for petroleum releases not covered by the petroleum storage tank fund if, in the opinion of the director of the division of oil and public safety, such actions would enhance environmental protection and beneficial use of the property affected by the releases. The revenues in the redevelopment fund:

(A)  Remain in the fund and shall neither be credited nor transferred to the

general fund at the end of any fiscal year;

(B)  Are exempt from section 24-75-402, C.R.S.; and


(C)  Are continuously appropriated to the division of oil and public safety for

the purposes stated in this section and are not subject to annual appropriation by the general assembly; except that the uses of the fund for the department's costs in administering this subsection (9) are subject to annual appropriation by the general assembly.

(II)  Subject to the availability of money in the redevelopment fund, the

maximum amount payable from the redevelopment fund for any single corrective action plan must not exceed fifty percent of the eligible cleanup costs or five hundred thousand dollars, whichever is less.

(c)  Repealed.


(d)  The division of oil and public safety shall promulgate rules to implement

this subsection (9).

(e)  Repealed.


(f) (I)  Notwithstanding any provision of this subsection (9) to the contrary, on

June 30, 2025, the state treasurer shall transfer seven hundred thousand dollars from the redevelopment fund to the general fund.

(II)  This subsection (9)(f) is repealed, effective July 1, 2026.


Source: L. 95: Entire article added, p. 393, � 1, effective July 1. L. 2000: (3)(f)

and (6) added, p. 1383, �� 1, 2, effective May 30. L. 2001: (3)(c) amended, p. 1126, � 43, effective June 5. L. 2002: (2) amended, p. 150, � 2, effective March 27; (3)(f) amended, p. 950, � 1, effective August 7. L. 2003: (3)(g) added and (6)(a) repealed, p. 2665, �� 3, 2, effective June 5. L. 2005: IP(1) amended and (1)(h) and (8) added, p. 1326, �� 1, 2, effective July 1; (7) added, p. 416, � 1, effective July 1. L. 2007: IP(3), (3)(a), and (3)(f)(II) amended, p. 387, � 3, effective April 3; (3.5) added, p. 980, � 1, effective July 1. L. 2010: (3)(f)(II) amended, (HB 10-1185), ch. 82, p. 276, � 2, effective August 11. L. 2013: IP(1) amended, (1)(b) repealed, and (9) added, (HB 13-1252), ch. 247, p. 1196, � 1, effective May 18. L. 2014: (9)(b)(I) amended, (HB 14-1334), ch. 370, p. 1762, � 1, effective June 6. L. 2015: (3.5) added, (HB 15-1299), ch. 162, p. 494, � 1, effective August 5. L. 2016: (2)(b) repealed, (HB 16-1408), ch. 153, p. 472, � 26, effective July 1; IP(3) and (3)(f)(II) amended, (HB 16-1044), ch. 1, p. 1, � 2, effective August 10. L. 2020: (7.5) and (9)(e) added, (HB 20-1406), ch. 178, p. 810, � 1, effective June 29. L. 2021: (9)(e) repealed, (SB 21-266), ch. 423, p. 2794, � 2, effective July 2. L. 2023: IP(3), (3)(f)(II), (9)(a)(III), and (9)(a)(IV) amended and (3.7) and (9)(a)(V) added, (SB 23-280), ch. 404, p. 2416, � 1, effective August 7. L. 2025: (9)(f) added, (SB 25-264), ch. 129, p. 499, � 4, effective April 25; (7.5) repealed, (SB 25-300), ch. 428, p. 2536, � 3, effective August 6.

Editor's note: (1)  This section is similar to former � 25-18-109 as it existed

prior to 1995.

(2)  Subsection (9)(c)(II) provided for the repeal of subsection (9)(c), effective

July 1, 2014. (See L. 2013, p. 1196.)

8-20.5-104.  Rules - petroleum storage tank committee. (1) (a)  There is

created the petroleum storage tank committee, which consists of seven members who have technical expertise and knowledge in fields related to corrective actions taken to mitigate underground and aboveground storage tank releases.

(b)  The committee consists of:


(I)  The following permanent members:


(A)  The director of the division of oil and public safety or the director's

designee;

(B)  The executive director of the department or the executive director's

designee; and

(C)  An owner or operator; and


(II)  Four members appointed by the governor who shall be chosen from

among the following groups, with no more than one member representing each group:

(A)  Fire protection districts;


(B)  Elected local governmental officials;


(C)  Companies that refine and retail motor fuels in Colorado;


(D)  Companies that wholesale motor fuels in Colorado;


(E)  Owners and operators of independent retail outlets;


(F)  Companies that conduct corrective actions or install and repair

underground and aboveground storage tanks; and

(G)  Private citizens or interest groups.


(c)  The department shall provide staff to support the activities of the

committee.

(2)  Members of the committee shall serve three-year terms. All vacancies

shall be filled by the governor to serve the remainder of the unexpired term.

(3)  Members of the committee shall receive no additional salary or per diem

reimbursement for their services as members of the committee, but shall be allowed travel and parking costs and maintenance expenses while on official committee business conducted more than one hundred miles from their respective residences.

(4)  The committee shall be required to meet no more than twice in any

month. The committee shall recommend all regulatory actions proposed by the committee to the director of the division of oil and public safety for adoption or ratification. The committee shall conduct the following activities in accordance with section 24-4-105, C.R.S., as its routine business:

(a)  Establish procedures, practices, and policies governing the committee's

activities;

(b)  Review standards and regulations governing underground and

aboveground storage tanks;

(c)  Establish procedures, practices, and policies governing the form and

procedures for applications to the petroleum storage tank fund for reimbursement compensation;

(d) (I)  Establish procedures, practices, and policies governing any and all

aspects of processing, adjusting, defending, or paying claims against the fund. To encourage tank owners and operators to report and remediate contamination and achieve compliance with rules promulgated by the director of the division of oil and public safety, the committee may approve claims involving tanks not operated in substantial compliance, but may also determine the amount, if any, by which such claims may be reduced for noncompliance. Before imposing any reduction for noncompliance the committee shall determine whether the rules issued by the director of the division of oil and public safety are both substantially and procedurally no more stringent than United States environmental protection agency regulations under 42 U.S.C. sec. 6991 and whether the areas of noncompliance were brought into compliance prior to application to the fund, where possible. The committee shall use the following guidelines when imposing a reduction for noncompliance:

(A)  Up to a ten percent reduction for failure to register a tank;


(B)  Up to a twenty-five percent reduction for improper release detection;


(C)  Up to a ten percent reduction for improper release reporting;


(D)  Up to a twenty percent reduction for improper out-of-service and closure.


(II)  Nothing in this article shall be construed to require the committee to

approve a claim involving substantial noncompliance. The committee shall establish specific criteria to define when denial for substantial noncompliance may be imposed.

(e)  Establish priorities governing the types of corrective actions which shall

be reimbursed from the fund;

(f)  Review corrective action plans submitted pursuant to section 8-20.5-209,

for which no agreement has been reached through informal conferences between the department and the owner or operator, and make a recommendation to the department, upon request from the department or the owner or the operator, as to the corrective action that is acceptable;

(g)  Issue public notices and hold public hearings to obtain comment on the

activities described in this subsection (4);

(h) (I) (A)  Pay interest to all persons who file a properly and fully completed

claim for reimbursement and are not reimbursed in a timely manner. For purposes of this paragraph (h), interest shall accrue on the amount approved for payment by the committee at the rate determined pursuant to section 39-21-110.5, C.R.S., for each day a properly and fully completed application is not processed in a timely manner.

(B)  Notwithstanding this paragraph (h), if a claimant cannot be reimbursed in

a timely manner because insufficient moneys in the petroleum storage tank fund prevent the issuance of a reimbursement check within thirty days after approval of the disbursement, interest shall not begin to accrue on the claim until thirty-one days after sufficient moneys are available in said fund.

(II)  For purposes of this paragraph (h), timely manner means:


(A)  That an application filed with the petroleum storage tank fund on or after

January 1, 1996, shall be submitted for review by the committee within ninety working days of receipt;

(B)  That an application filed with the petroleum storage tank fund on or after

July 1, 1995, but before January 1, 1996, shall be submitted for review by the committee within one hundred twenty working days of receipt;

(C)  That an application filed with the petroleum storage tank fund before

July 1, 1995, shall be submitted for review by the committee no later than December 31, 1995;

(D)  That reimbursement checks shall be issued within thirty days after

disbursement is approved by the committee.

(5)  The committee may, in order to perform any or all of its responsibilities

and functions under subsection (4) of this section, contract for the use of outside experts, consultants, or services.

(6)  Reductions determined by the committee because of noncompliance

shall be cumulative and shall apply to all eligible costs approved by the committee in the initial and all supplemental claims for the occurrence as defined in section 8-20.5-206 (2); except that in no instance shall cumulative reductions for noncompliance apply to claims submitted in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3).

(7)  The reductions described in subsections (4)(d) and (6) of this section

pertain to this section only and shall not be construed to have any impact on cost-recovery actions taken in accordance with section 8-20.5-209 or any civil or criminal penalties imposed as part of an enforcement proceeding.

(8)  At its first meeting of each fiscal year, on or about July 1, the committee

shall establish and set aside for reimbursements to those individuals who are eligible to make application to the fund in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3), an amount equal to twenty percent of the total budget of the department from the petroleum storage tank fund, which amount shall be used for the purpose of conducting remediation activities in accordance with sections 8-20.5-206 (3), 8-20.5-209, and 8-20.5-303 (3) and shall protect the integrity of the fund as a financial assurance mechanism for tank owners and operators. The committee shall reexamine on a quarterly basis the unencumbered balance of this allocation and may set aside lesser or additional amounts for reimbursements to such applicants based on the relative number of requested reimbursements from the owners and operators of active sites, with preference given to the remediation of recently contaminated locations and to active tank sites based on their higher potential for environmental impact.

(9)  The petroleum storage tank committee is a type 1 entity as defined in

section 24-1-105, and exercises its powers and performs its duties and functions specified by this section under the department of labor and employment and the executive director.

Source: L. 95: Entire article added, p. 394, � 1, effective July 1. L. 96: (4)(h)(I)

amended, p. 711, � 4, effective May 15. L. 2001: (1), IP(4), and IP(4)(d)(I) amended, p. 1126, � 44, effective June 5. L. 2007: (8) amended, p. 387, � 4, effective April 3. L. 2022: (1) amended, (SB 22-013), ch. 2, p. 5, � 4, effective February 25; (9) amended, (SB 22-162), ch. 469, p. 3384, � 89, effective August 10.

Editor's note: This section is similar to former � 25-18-105 as it existed prior

to 1995.

Cross references: For the short title (the Debbie Haskins 'Administrative

Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

8-20.5-105.  Confidentiality.  (1)  Any records, reports, and information

obtained from any person under the provisions of this article shall be available to the public; except that any records granted confidentiality by the director of the division of oil and public safety or a designee, or granted confidentiality under existing Colorado statutes or rules, shall remain confidential.

(2)  Any person making such confidential records available to any person or

organization without authorization from the affected operator or owner commits a petty offense and shall be punished pursuant to section 18-1.3-503.

(3)  Confidential records may be disclosed to officers, employees, or

authorized representatives of the state or of the United States who have been charged with administering this article or subtitle I of the federal Resource Conservation and Recovery Act of 1976, as amended. Such disclosure shall not constitute a waiver of confidentiality.

Source: L. 95: Entire article added, p. 397, � 1, effective July 1. L. 2001: (1)

amended, p. 1126, � 45, effective June 5. L. 2002: (2) amended, p. 1467, � 19, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3142, � 93, effective March 1, 2022. L. 2022: (2) amended, (HB 22-1229), ch. 68, p. 349, � 40, effective March 1; (2) amended, (SB 22-212), ch. 421, p. 2966, � 17, effective August 10.

Editor's note: (1)  This section is similar to former � 25-18-106 as it existed

prior to 1995.

(2)  Amendments to subsection (2) by SB 22-212 and HB 22-1229 were

harmonized.

(3)  Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,

provides that the act changing this section applies to offenses committed on or after March 1, 2022; however, the Governor signed the act April 7, 2022.

Cross references: (1)  For the legislative declaration contained in the 2002

act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.

(2)  For the Resource Conservation and Recovery Act of 1976, as amended,

see Pub.L. 94-580, codified at 42 U.S.C. � 6901 et seq.

8-20.5-106.  Injunctions. In addition to the remedies provided in this article,

the director of the division of oil and public safety is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction restraining any person from violating any provision of this article, regardless of whether there is an adequate remedy at law.

Source: L. 95: Entire article added, p. 398, � 1, effective July 1. L. 2001: Entire

section amended, p. 1127, � 46, effective June 5.

Editor's note: This section is similar to former � 8-20-513 as it existed prior to

1995.

8-20.5-107.  Enforcement orders - civil penalties. (1)  A notice of violation

may be issued by the director of the division of oil and public safety to any person who is believed to have violated any provision of this article, any rule promulgated pursuant thereto, or any warrant issued pursuant to section 8-20.5-208. The notice of violation shall be served personally or by certified mail, return receipt requested, upon the alleged violator.

(2)  The notice of violation shall set forth the facts which allegedly constitute

the violation and the provisions which have allegedly been violated of either this article or any regulation promulgated pursuant thereto. The notice of violation may require the alleged violator to take any actions necessary to correct the alleged violation.

(3)  Within ten working days after service of the notice of violation, the

alleged violator may file a written request with the director of the division of oil and public safety for an informal conference regarding the notice of violation. If the alleged violator fails to timely request an informal conference, all provisions of the notice of violation shall become final and not subject to further administrative review. The director of the division of oil and public safety may then seek judicial enforcement of the notice of violation.

(4)  Upon receipt of the written request, the director of the division of oil and

public safety shall provide the alleged violator with a written notice of the date, time, and place of the informal conference. The director of the division of oil and public safety or a designee shall preside at the informal conference, during which the alleged violator and the entity that issued the notice of violation may present information and arguments regarding the allegations and requirements of the notice of violation.

(5)  Within twenty working days after the informal conference, the director of

the division of oil and public safety shall uphold, modify, or strike the allegations of the notice of violation and may issue an enforcement order. The decision shall be served upon the alleged violator personally or by certified mail, return receipt requested. Such notice of violation or enforcement order may be appealed within twenty working days to the executive director of the department. The executive director may either conduct the hearing personally or appoint an administrative law judge from the office of administrative courts in the department of personnel to conduct the hearing. The executive director may review such decision in accordance with the provisions of section 24-4-105, C.R.S., and final agency action shall be determined in accordance with the provisions of said section. Such final agency action shall be subject to judicial review in accordance with section 24-4-106, C.R.S.

(6)  The enforcement order may require the alleged violator to pay a civil

penalty not to exceed five thousand dollars per tank for each day of violation.

(7)  The director of the division of oil and public safety may file suit in the

district court for the judicial district in which violations have occurred to obtain judicial enforcement of the provisions of any enforcement order. The petroleum storage tank fund may be subrogated to the rights of an owner or operator with respect to a claimed amount at the time a claim is filed with the fund.

Source: L. 95: Entire article added, p. 398, � 1, effective July 1; (5) amended,

p. 634, � 12, effective July 1. L. 2001: (1), (3), (4), (5), and (7) amended, p. 1127, � 47, effective June 5. L. 2005: (5) amended, p. 853, � 8, effective June 1.

Editor's note: This section is similar to former � 8-20-512 as it existed prior to

1995.

8-20.5-108.  Petroleum storage tank administration - transfer to

department of labor and employment - legislative declaration. (1) (a) The general assembly hereby finds, determines, and declares that there is a significant backlog in the processing of claims being made against the petroleum storage tank fund. Claims for reimbursement for cleaning up petroleum contamination are not acted upon in a timely manner, which places the storage tank owner in financial jeopardy. Lenders are reluctant to write loans on contaminated property, causing the next phase of remediation to be delayed and allowing contamination to spread, threatening the environment and unnecessarily escalating future cleanup expenses.

(b)  The general assembly further finds, determines, and declares that it is in

the best interest of this state to transfer petroleum storage tank administrative functions performed by the department of public health and environment to the department of labor and employment, and thereby consolidate the administration and regulation of petroleum storage tanks in this state under one department, which will minimize the cost of such functions and centralize management.

(2) (a)  The administrative functions of the petroleum storage tank fund,

including claims processing, corrective action plan review and approval, and any other responsibilities for petroleum storage tank programs performed by the department of public health and environment prior to July 1, 1995, are transferred to the department of labor and employment. All employees of the department of public health and environment, excluding any contract labor, who perform the functions transferred pursuant to this subsection (2) and whose employment in the department of labor and employment is deemed necessary by the executive director of the said department are transferred to the department of labor and employment and shall become employees thereof.

(b)  Such employees shall retain all rights to the state personnel system and

retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.

(c)  On July 1, 1995, all items of property, real and personal, including office

furniture and fixtures, books, documents, and records of the department of public health and environment pertaining to the duties and functions transferred to the department of labor and employment pursuant to this subsection (2) are transferred to the department of labor and employment and shall become the property of such department.

(3)  Repealed.


Source: L. 95: Entire article added, p. 399, � 1, effective July 1.


Editor's note: Subsection (3)(c) provided for the repeal of subsection (3),

effective December 31, 1996. (See L. 95, p. 399.)

PART 2

UNDERGROUND STORAGE TANKS

Law reviews: For article, Colorado New Underground Storage Tank Law,

see 19 Colo. Law. 233 (1990); for article, Availability of the Colorado UST Fund to Property Owners and Mortgagees, see 23 Colo. Law. 873 (1994).

8-20.5-201.  Legislative declaration. The general assembly hereby finds and

declares that the leakage of regulated substances from underground storage tanks constitutes a potential threat to the waters and the environment of the state of Colorado and presents a potential menace to the public health, safety, and welfare of the people of the state of Colorado and that, to that end, it is the purpose of this part 2 to establish a program for the protection of the environment and of the public health and safety by preventing and mitigating the contamination of the subsurface soil, groundwater, and surface water which may result from leaking underground storage tanks.

Source: L. 95: Entire article added, p. 400, � 1, effective July 1.


Editor's note: This section is similar to former � 8-20-501 as it existed prior to

1995.

8-20.5-202.  Duties of director of division of oil and public safety - rules. (1)

The director of the division of oil and public safety shall promulgate and enforce rules that are no more stringent than the requirements contained in 42 U.S.C. sec. 6991 et seq., and the regulations promulgated thereunder, except as allowed by federal law, including the federal Energy Policy Act of 2005, Pub.L. 109-58, as amended, for:

(a)  Notification requirements for owners and operators of underground

storage tanks;

(b)  Design, performance, construction, and installation standards for new

underground storage tanks;

(c)  Design, performance, construction, and installation standards for the

upgrading of existing underground storage tanks;

(d)  General operating requirements;


(e)  Release detection;


(f)  Release reporting, investigation, and confirmation; and


(g)  (Deleted by amendment, L. 2007, p. 980, � 2, effective July 1, 2007.)


(h)  Financial responsibility for underground storage tank systems containing

regulated substances.

(1.5)  The director of the division of oil and public safety shall promulgate and

enforce rules for out-of-service underground storage tank systems and closure of such tanks.

(1.7)  Within one hundred twenty days after January 1, 2008, the director of

the division of oil and public safety shall promulgate, and the division shall enforce, rules concerning the placement of underground storage tanks that contain renewable fuels. Such rules shall be promulgated with the purpose of developing a uniform statewide standard of issuing permits for underground storage tanks to promote the use of renewable fuels so that the process of obtaining a permit for an underground storage tank that contains renewable fuels may be more efficient and affordable.

(2)  The director of the division of oil and public safety shall ensure that:


(a)  All releases from underground storage tank systems are promptly

assessed and that further releases are stopped;

(b)  Actions are taken to identify, contain, and mitigate any immediate fire

and safety hazards that are posed by a release;

(c)  All releases from underground storage tank systems are investigated to

determine if there are impacts of reportable quantities on subsurface soil, groundwater, and any nearby surface water;

(d)  All releases above reportable quantities are reported to the director of

the division of oil and public safety.

(3)  The director of the division of oil and public safety shall, if necessary,

negotiate and enter into memoranda of agreement with and apply for and receive grants from the United States environmental protection agency pursuant to the provisions of this article.

(4)  The director of the division of oil and public safety shall establish criteria

pursuant to subsection (1) of this section for delegation of authority to local agencies.

(5)  Repealed.


Source: L. 95: Entire article added, p. 401, � 1, effective July 1. L. 97: (5)

repealed, p. 1474, � 8, effective June 3. L. 2001: IP(1), IP(2), (2)(d), (3), and (4) amended, p. 1128, � 48, effective June 5. L. 2007: IP(1) amended, p. 387, � 5, effective April 3; (1.7) added, p. 1760, � 5, effective June 1; IP(1) and (1)(g) amended and (1.5) added, p. 980, � 2, effective July 1.

Editor's note: (1)  This section is similar to former � 8-20-503 as it existed

prior to 1995.

(2)  Amendments to the introductory portion to subsection (1) by Senate Bill

07-031 and Senate Bill 07-247 were harmonized.

8-20.5-203.  Performance of duties by owner or operator. Duties imposed

by this part 2 on the owner or the operator may be performed by either the owner or the operator. If neither the owner nor the operator performs the duties imposed by this part 2, both shall be considered in violation of this part 2.

Source: L. 95: Entire article added, p. 402, � 1, effective July 1.


Editor's note: This section is similar to former � 8-20-504 as it existed prior

to 1995.

8-20.5-204.  Installation and upgrading of underground storage tanks. (1)

Plans for any installation of a new underground storage tank and plans for the complete upgrading of an existing underground storage tank shall be submitted by the owner or operator of the proposed or existing underground storage tank to the director of the division of oil and public safety for approval prior to such installation or upgrading.

(2)  Plans for the installation of a new underground storage tank or for the

complete upgrading of an existing underground storage tank shall be in compliance with the rules promulgated pursuant to section 8-20.5-202 (1). The director of the division of oil and public safety or a designee shall approve or reject proposed plans and amendments thereto within twenty working days after submittal of the plan. If no action is taken by the director of the division of oil and public safety or a designee withi

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)