The Director provides these regulations to assist
owners/operators with safe and proper operation of regulated storage tank
systems. When a facility is found to be out of compliance with these
regulations (7 C.C.R. § 1101-14) and/or statutes (C.R.S. § 8-20 and
8-20.5), the Director will pursue enforcement actions against the
owner/operator. The enforcement process will include requiring the
owner/operator to make repairs and/or upgrades, perform system tests, keep
records, and other actions to bring the facility back into compliance. During
and following the enforcement process, the Director will continue to assist the
owner/operator to remain in compliance. The enforcement process may include
monetary penalties up to five thousand dollars ($5,000) per tank per day
according to statute (C.R.S. §
8-20.5-107) if the enforcement
obligations are not implemented according to the required schedule.
Additionally, reductions to reimbursement amounts may be applied in accordance
with Article 8.
6-1-1
Notice of
Violation
(a) The Director may issue a
Notice of Violation (NOV) to a person who has been determined to have violated
these regulations (7 C.C.R. §
1101-14) and/or statutes (C.R.S. § 8-20
and 8-20.5).
(b) The NOV will
include a list of each of the violations and any actions necessary to correct
the violations.
(c) Within ten (10)
working days after a NOV has been issued, the owner/operator may file a written
request with the Division Director for an informal conference regarding the
NOV. If the owner/operator does not request an informal conference within this
time frame, all provisions of the NOV shall become final and not subject to
further discussion. If the NOV is not resolved within the time frame prescribed
in the NOV, the Division Director may seek judicial enforcement of the NOV, or
an Enforcement Order may be issued.
6-1-2
Enforcement Order
(a) An Enforcement Order may be issued when
the violations included within a NOV or Settlement Agreement are not resolved
within the prescribed time frame. The Enforcement Order may include increased
fines up to five thousand dollars ($5,000) per tank for each day of violation.
In addition, the Enforcement Order may include Delivery Prohibition (Section
6-2).
(b) Within ten (10) working
days after an Enforcement Order has been issued, the owner/operator may file a
written request with the Executive Director (or designee) for an informal
conference regarding the Enforcement Order. If the owner/operator does not
request an informal conference within this time-frame, all provisions of the
Enforcement Order shall become final and not subject to further discussion. If
the Enforcement Order is not resolved within the prescribed time frame, the
Director may then seek judicial enforcement of the Enforcement Order.
6-1-3
Informal
Conference
(a) Upon receipt of the
request, the Director shall provide the owner/operator with notice of the date,
time and place of the informal conference. The Director shall preside at the
informal conference, during which the owner/operator and OPS personnel may
present information and arguments regarding the allegations and requirements of
the NOV or the Enforcement Order.
(b) Within twenty working days after the
informal conference, the Director shall issue a Settlement Agreement in which
the issues from the NOV and/or Enforcement Order will be upheld, modified or
stricken. The Settlement Agreement will include a schedule of required activity
for resolution of the violations. If the terms and/or schedule in the
Settlement Agreement are not satisfied, either an Enforcement Order will be
issued, re-issued, or the Director may seek judicial enforcement.
(c) The Settlement Agreement issued by the
Director may be appealed within twenty working days to the Executive Director
of the department. The Executive Director may either conduct the hearing
personally or appoint an administrative law judge from the office of
administrative courts in the department of personnel to conduct the
hearing.
Notes
7 CCR 1101-14-6-1
37
CR 18, September 25, 2014, effective
10/15/2014
39
CR 18, September 25, 2016, effective
1/1/2017
40
CR 05, March 10, 2017, effective
5/1/2017
40
CR 07, April 10, 2017, effective
5/1/2017
41
CR 07, April 10, 2018, effective
5/1/2018
42
CR 04, February 25, 2019, effective
3/17/2019
