LEG00141

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

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the second offense shall be double the amounts specified in pmaglaph (a)
01 (b) of this subsection (3), whiche.il is applic<tbk.
(d) Any criminal penalty collected under this section shall be
credited to the general fund.
(e) ANY ACTION INITIATED PURSUANT TO THIS SUBSECTION (3) MAY
BE BROUGHT IN THE COURTS FOR THE CITY AND COUNTY OR COUNTY IN
WHICH A VIOLATION OR ATTEMPTED VIOLATION OCCURS OR CITY AND
COUNTY OR COUNTY IN WHICH A VIOLATION OR ATTEMPTED VIOLATION
CAUSES ENVIRONMENTAL HARM BY THE DISTRICT ATTORNEY FOR THE
JUDICIAL DISTRICT WITH JURISDICTION OVER THAT CITY AND COUNTY OR
COUNTY, OR BY THE ATTORNEY GENERAL.
(f) ANY ACTION INITIATED PURSUANT TO THIS SUBSECTION (3)
SHALL COMMENCE WITHIN THREE YEARS AFTER THE DATE UPON WHICH
THE DEPARTMENT DISCOVERS A DISCHARGE PURSUANT TO THIS
SUBSECTION (3) OR WITHIN FIVE YEARS AFTER THE DATE UPON WHICH THE
DISCHARGE PURSUANT TO THIS SUBSECTION (3) OCCURRED, WHICHEVER
DATE OCCURS LATER; EXCEPT THAT SUCH LIMITATION PERIOD IS TOLLED
DURING ANY PERIOD THA TTHE DISCHARGE PURSUANT TO THIS SUBSECTION
(3) IS INTENTIONALLY CONCEALED. FOR THE PURPOSES OF THIS SECTION,
"INTENTIONALLY" SHALL HAVE THE MEANING PROVIDED FOR SUCH TERM
IN SECTION 18-1-501 (5), C.R.S.
(4) No PROVISION OF THIS ARTICLE SHALL BE INTERPRETED AS TO
SUPERSEDE, LIMIT, ABROGATE, OR I1\1PAIR THE ABILITY TO ENFORCE
ADDITIONAL CIVIL OR CRIMINAL PENALTIES PURSUANT TO:
(a) ARTICLE 22 OF TITLE 29, C.R,S., IF THE POLLUTANT
DISCHARGED INTO STATE WATERS OR DOMESTIC W ASTEW ATER TREATMENT
WORKS IS A HAZARDOUS SUBSTANCE AS DEFINED IN SECTION 29-22-101,

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SB03-122