NOTE: The governor signed this measure on 6/6/2012.
      
      
      HOUSE BILL 12-1119
      
      
      BY REPRESENTATIVE(S) Coram, Becker, Beezley, Bradford, Brown,
      DelGrosso, Ferrandino, Gerou, Holbert, Kerr J., Labuda, Lee, Liston,
      Looper, Massey, Priola, Ramirez, Scott, Sonnenberg, Stephens, Swalm,
      Swerdfeger, McNulty;
      also SENATOR(S) Giron and King S.
      
      
      Concerning violations of state requirements enforced by the
      department of public health and environment that pertain to
      construction-related discharges of storm water.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 25-8-608, amend (1)
      introductory portion; and add (3) as follows:
      
           25-8-608.  Civil penalties - rules - fund created - temporary
      moratorium on penalties for minor violations - definitions - repeal.
      (1)  Except as otherwise provided in subsection (3) of this section,
      any person who violates any provision of this article or of any permit issued
      under this article, or any control regulation promulgated pursuant to this
      article, or any final cease-and-desist order or clean-up order shall be subject
      to a civil penalty of not more than ten thousand dollars per day for each day
      during which such violation occurs. In determining the amount of a penalty
      under this part 6, the following factors shall be considered:
      
           (3) (a)  As used in this subsection (3):
      
           (I)  "Inspection-related violation" means a civil violation of
      a provision of this article or of a permit issued under this article
      that governs storm water discharges occurring in connection
      with construction activities and that the division or its agent
      discovers through an inspection of the facilities or of work
      performed by the violator.
      
           (II)  "Minor violation" means a violation that does not harm
      or threaten public health or safety or the environment and that
      is either an inspection-related violation or a paperwork violation.
      
           (III)  "Paperwork violation" means a civil violation of a
      provision of this article or of a permit issued under this article
      that governs storm water discharges occurring in connection
      with construction activities and that:
      
           (A)  Involves the failure of the violator to meet a filing
      deadline or other deadline; or
      
           (B)  Is a nonsubstantive technical error or, as determined by
      the division, a substantive error reasonably made by the violator
      in good faith, on a required form or filing.
      
           (b)  The division shall not commence any enforcement action
      against a violator for a minor violation committed on or after the
      effective date of this paragraph (b) unless the division notifies the
      violator of the violation and the violator fails to cure the
      violation within a reasonable time as determined by the division.
      In the case of a violator failing to cure the violation within a
      reasonable time as determined by the division, the division may
      assess a financial penalty of up to two times the amount
      authorized in subsection (1) of this section.
      
           (c)  Commencing as soon as feasible after the effective date
      of this paragraph (c), the division shall collaborate with the
      construction industry and other interested persons to develop
      more responsive and streamlined processes for preventing
      violations of provisions of this article and of permits issued under
      this article and for enforcing such provisions when violations
      occur. No later than December 1, 2012, the division shall submit to
      the general assembly a written report that includes the results
      of the collaboration, the actions it plans to take to develop more
      streamlined and responsive processes, and any legislative
      recommendations that it may have.
      
           (d)  This subsection (3) is repealed, effective July 1, 2013.
      
           SECTION 2.  No appropriation. The general assembly has
      determined that this act can be implemented within existing appropriations,
      and therefore no separate appropriation of state moneys is necessary to carry
      out the purposes of this act.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO