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Water Quality Control Act - 24 <br />Title 25, Article 8 <br />(a) In violation of any permit issued under this article; or <br />(b) In violation of any cease and desist order or clean-up order issued <br />by the division which is final and not stayed by court order; or <br />(c) Without a permit, if a permit is required by the provisions of this <br />article for such discharge, unless there is then pending an application for such <br />a permit; or <br />(d) In violation of any applicable control regulation, unless a permit has <br />been issued therefor or unless there is then pending an application for such permit. <br />(2) Prosecution under paragraphs (a) and (d) of subsection (1) of this <br />section shall be corm~enced only upon ccnplaint filed by the division. <br />(3) Any person who commits criminal pollution of state waters shall be <br />fined, for each day the violation occurs, as follows: <br />(a) If the violation is committed with criminal negligence or recklessly, <br />as defined in section 18-1-501. C.R.S. 1973, the maximum fine shall be twelve <br />thousand five hundred dollars. <br />(b) If the violation is crnmitted knowingly or intentionally, as defined <br />in section 18-1-501, C.R.S. 1973, the maximum fine shall be twenty-Iivo thousand <br />dollars. <br />• (c) If two separate offenses under this article or<•ur in tav separat.P <br />episodes during a period of t~u~ years. the maximum fine for the second offense <br />shall be double the amounts Spectfled in paragraphs (e) and (b) of this subsection <br />(3). <br />25-810. FALSIFICATICIi`: AbID TA~IPERIN(3. Any person wtlo knowingly makes <br />any false statement, representation, or certification in any application, record, <br />report, plan, or other document filed or required to bF maintained under this <br />article, or who falsifies, tampers with, or knowingly renders inaccurate any <br />rronitoring device or method required to be maintained under this article is <br />guilty of a misdemeanor and, upon conviction thereof, shall be punished by a <br />fine of not more than ten thousand dollars, or by imprisonment in the count}~ jai] <br />for not more than six months, or 5y both such fine and imprisonment. <br />25-3-611. PRDCEIDIDY.',S 3Y O'CF~1 PARTIES. (1) The factual or legal basis <br />for proceedings or other actions that shall result from a violation of any control <br />regulation inure solely to, and shall be for the benefit of the people of the <br />state generally, and it is not intended by this article, in any way, to create <br />new private rights or to enlarge existing private rights. A determination that <br />water pollution exists or that any standard has been disregarded or violated, <br />whether or not a proceeding or action may be brought by the state, shall not <br />create by reason thereof any presumption of law or finding of fact which shall <br />inure to or be for the benefit of any person other than the state. <br />• (2) A permit issued pursuant to this article may be introduced in any <br />court of law as evidence that the permittee's activity is not a nublic or private <br />nuisance. Introduction into evidence of such permit and evidence of compliance <br />with the permit conditions shall constitute a prima facie case that the activity <br />to which the permit pertains is not a public or private nuisance. <br />- 2A - <br />