LEG00141

• Bill Number: SB03-122
• Year: 2003
• Title: Increase Penalty for Water Quality Crime
• Legislation - Doc Type: Other CWCB Related Bills - Passed

period during intentional concealment of a violation. Specifies that the
remedies are cumulative to those provided in the state's hazardous waste.
and hazardous substance laws.

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1 Be it enacted by the General Assembly of the State ofeolorado:
2 SECTION 1. 25-8-609, Colorlldo Revised Statutes, is amended
3 to read:

4 25-8-609. Criminal pollution" penalties. (I) Any person who

5 rcekkssly, knowingly, intentionally, 01 "ith climinal neg,ligcncc

6 discharges any pollutant into any state waters or into any domestic

7 wastewater treatment works commits criminal pollution if such discharge

8 is made:

9 (a) In violation of any permit issued under this article; or

10
II

(b) In violation of any cease and desist order or clean-up order

issued by the division whieh THAT is final and not stayed by court order;

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12 or

13 (c) Without a permit, if a permit is required by the provisions of

14 this article for such discharge; or

15
16

(d) Repealed.
(e) In violation of any pretreatment lcgulations RULES

17 promulgated by the commission.
18 (2) Prosccution nndel pmagraphs (II) and (d) ofsnhscction (I) of
19 this scction shall be COlllll1cllccd only "Pon complaint fikd by the
20 di ,isie,n ANY PERSON WHO CONSPIRES ,PURSUANT TO SECTION 18-2-20 I,
21 C.R.S., ATTEMPTS PURSUANT TO SECTION 18-2-101, C.R.S., OR SOLICITS
22 PURSUANT TO SECTION 18-2-301, C.R.S., TO VIOLATE ANY OF THE
23 PROVISIONS OF SUBSECTION (I) OF THIS SECTION SHALL BE SUBJECT TO

24

PUNISHMENT PURSUANT TO SUBSECTION (3) OF THIS SECTION.

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SB03-122