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Water Quality Control Act - 23 <br />Title 25, Article 8 <br />25-809. SUSPIIYSI~i, M(~IFICATION, Ate REyOCATION OF PFBMIT. Upon a <br />finding and determination, after hearing, that a violation of a permit provision <br />has occurred, the division shall suspend, modify, or revoke the pertinent permit, <br />or take such other action with respect to the violation as may be authorized <br />pursuant to regulations pramrlgated by the cmmission. <br />25-8-605. CEASE AND DESIS'T' CRD~S. If the division determines, with or <br />without hearing, that there exists a violation of any provision of this article <br />or of any order, permit, or control regulation issued or promulgated under author- <br />ity of this article, the division may issue a cease and desist order. Stich order <br />shall set forth the provision alleged to be violated, the facts alleged to con- <br />stitute the violation, and the time by which the acts or practices complained of <br />must be terminated. <br />25-806. CLEAN-UP ORDIR.S. The division may issue orders to any person to <br />clean up any rtaterial which he, his employee, or agent has accidentally or pur- <br />posely dumped, spilled, or otherwise deposited in or near state waters which may <br />pollute than. The division may also request the district attorney to proceed and <br />take appropriate action under section 16-13-305 and sections 16-13-307 to 16-13-315, <br />or section 161-511, C.R.S. 1973. <br />25-8-607. FtFSTRAINING ORDERS AND IN.TiJNCfI0N5. (1) In the event any person <br />fails to em~ply with a cease and desist order or clean-up order that is not subject <br />to a stay pending administrative or judicial review, the division may request the <br />district attorney for the judicial district in which the alleged violation exists <br />• or the attorney general to bring, and if so requested it shall be his duty to bring, <br />a suit for a tergrorary restraining order, preliminary injunction, or permanent. <br />injunction to prevent any further or continued vio]ation of such order. In any <br />such suit the final findings of the division, based upon evidence In the record <br />shall be prima far.ie evidence of the facts found therein. <br />(2) 9uiLs under this section shall be brought in the district or county <br />court where the discharge occurs. Ilnergencies shall be given precedence over <br />all other natters pending in such court. The institution of such injunction pro- <br />seeding by the division shall confer upon such court exclusive jurisdiction to <br />determine finally the subject matter of the proceeding. <br />25-8-608. CIVIL PENALTIIS. (1) Any person who violates any provision of <br />any permit issued under this article or any final cease and desist order or clean- <br />up order shall be subject to a civil penalty of not more than ten thousand dollars <br />per day for each day during which such violation occurs. <br />(2) Upon application of the division, penalties shall be determined by the <br />cannission after hearing as to the arrount thereof and may be collected by the <br />division by action instituted in a court of competent jurisdiction for collection <br />of such penalty. A stay of any order of the division pending judicial review <br />shall not relieve any person fmn any liability under subsection (1) of this <br />section, but the reason for the request for judicial review shall be considered <br />in the determination of the amount of the penalty. <br />• 25-809. CRII7INAL POLLI)TION (k' SPATE WATERS - PENALTIES. (1) AnY person <br />who discharges any pollutant into any state waters crnmits criminal pollution of <br />state waters if such discharge is nade: <br />-23- <br />