Laserfiche WebLink
Water Quality Control Act - 22 <br />Title 25, Article 8 <br />suspected or alleged violation of any provision of this article or of any order, <br />permit, or regulation issued or prrnailgated under authority of this article. <br />(2) Any person engaged in any operation or activity which results in a spill <br />or discharge of oil or other substance which may cause pollution of the waters of <br />the state contrary to the provisions of this article shall, as soon as he has <br />lmowledge thereof, notify the division of such discharge. Any person who fails to <br />notify the division as soon as practicable is guilty of a misdaneanor and, upon <br />conviction thereof, shall be punished by a fine of not rrore than ten thousand <br />dollars, or by impri~nment in the county jail for not rrore than one year, or b}' <br />both such fine and ir~risonment. Notification received pursuant to this subsection <br />(2) or information obtained by the exploitation of such notification shall not be <br />used against any such person in a criminal case except prosecution for perjury, <br />for false swearing, or for failure to canply with a clean-up order issued pursuant <br />to section 25-8-506. <br />28-8-602. NOTICE OF ALLDC',ID VIOLATIONS. (1) l5henever the division has <br />reason to believe that there has occurred a violation of an order, permit, or <br />control regulation issued or promulgated under authority of this article, the <br />division shall cause written notice to be served personally or by certified mail <br />return receipt requested upon the alleged violator or his agent for service of <br />process. The notice shall state the provision alleged to be violated, the facts <br />alleged to constitute a violation, and may include the nature of any corrective <br />action proposed to be required. <br />• (2) Fach cease and desist and clean-up order issued pursuant to sections <br />25-8-605 and 25-8-606 shall be acca~anied b}• or have incorporated in it the <br />notice provided for in subsection (1) of this section unless such notice shall <br />theretofore have been given. <br />25-8-603. lffA4IVG PRLX,'IDURIS FC)R AMID VIOLATIONS. (1) In any notice <br />given under section 25-802, the division ma}• require the alleged violator to <br />appear before it for a public hearing and to answer each alleged violation. <br />Such hearing shall be held no sooner than fifteen days after service of the notice, <br />except that the division may set an earlier date for hearing if it is requested by <br />the alleged violator. <br />(2) If the division does not require an alleged violator to appear for a <br />public hearing, the alleged violator may request the division to conduct such a <br />hearing. Stich request shall be in writing, and shall be filed with the division <br />no later than thirty days after service of a notice under secticn 25-8.02. If <br />such a request is filed, a hearing shall beheld within a reasonable time. <br />(3) If a hearing is held pursuant to the provisions of this section, it <br />shall be public and shall, if the division deemG it practicable, beheld in any <br />county in which the violation is alleged to have occurred. The division shall <br />permit all parties to respond to the notice served under section 25-802, to <br />present evidence and argument on all issues, and to conduct cross-examination <br />required for full disclosure of the facts. <br />• (4) Hearings held pursuant to this section shall be conducted in accord- <br />ance with section 24-4-105, C.R.S. 1973. <br />_P2_ <br />