NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 09-119
      
      
      BY SENATOR(S) Harvey, Boyd, Brophy, Cadman, Gibbs, Groff, Hodge,
      Kopp, Newell, Penry, Schultheis, Schwartz, Shaffer B., Tochtrop, Williams;
      also REPRESENTATIVE(S) McNulty, Curry, Fischer, Kerr J., Todd.
      
      
      Concerning a clarification of the enforcement of water quality
           laws relating to the discharge of certain hazardous
           pollutants.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  25-8-609 (2) and (3) (d), Colorado Revised Statutes,
      are amended, and the said 25-8-609 is further amended BY THE
      ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
      
           25-8-609.  Criminal pollution - penalties.  (2)  Prosecution under
      paragraphs (a) and (d) paragraph (a) of subsection (1) of this section shall
      be commenced only upon complaint filed by the division or a peace
      officer.
      
           (3)  Any person who commits criminal pollution of state waters shall
      be fined, for each day the violation occurs, as follows:
      
           (d)  Any criminal penalty collected under this section shall be
      credited to the general fund.
      
           (4)  Any criminal penalty collected under this section shall
      be credited to the general fund.
      
           (5)  No provision of this article shall be interpreted to
      supersede, limit, abrogate, or impair the ability to enforce:
      
           (a)  Civil or criminal penalties pursuant to article 22 of title
      29, C.R.S., if the pollutant discharged into state waters or
      domestic wastewater treatment works is a "hazardous substance"
      as defined in section 29-22-101, C.R.S.; or
      
           (b)  Civil penalties pursuant to section 25-15-309 or criminal
      penalties pursuant to section 25-15-310 if the pollutant
      discharged into state waters or domestic wastewater treatment
      works is a "hazardous waste" as defined in section 25-15-101.
      
           SECTION 2.  Act subject to petition - effective date -
      applicability.  (1)  This act shall take effect at 12:01 a.m. on the day
      following the expiration of the ninety-day period after final adjournment of
      the general assembly that is allowed for submitting a referendum petition
      pursuant to article V, section 1 (3) of the state constitution, (August 5, 2009,
      if adjournment sine die is on May 6, 2009); except that, if a referendum
      petition is filed against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part, if approved by the people,
      shall take effect on the date of the official declaration of the vote thereon by
      proclamation of the governor.
      
           (2)  The provisions of this act shall apply to discharge enforcement
      actions pending or initiated on or after the applicable effective date of this
      act.
      
      
      
      
      ____________________________  ____________________________
      Peter C. Groff                    Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO