The Division provides these regulations to assist operators
with maintaining safe use, manufacture, possession, sale, storage, transport,
or disposal of explosives materials or blasting agents. When circumstances
regarding regulated explosives materials or blasting agents are found to be not
in compliance with these regulations, the Division will pursue enforcement
actions against the operator.
The enforcement process will include requiring the
permittee to make repairs and/or upgrades, provide records, and complete other
actions necessary to come back into compliance. During and following the
enforcement process, the Director will continue to assist the operator to
remain in compliance. The enforcement process may include monetary penalties up
to $1,000 per violation per day according to statute (C.R.S.
8-20-104) if the enforcement
obligations are not implemented according to the required schedule.
Section 11-1-1
Notice of
Violation
(A) A notice of violation
(NOV) may be issued when a regulated party is found to be out of compliance
with these regulations (7 C.C.R.
1101-9) and/or statutes (C.R.S. 8-20, 9-6 and
9-7). The notice of violation may include fines and/or an order to cease
explosives-related operations until all violations are satisfactorily
corrected.
(B) Within 10 working
days after an NOV has been issued, the person issued the NOV may file a written
request with the Division for an informal conference regarding the NOV. Upon
receipt of the request, the Division shall provide the alleged violator with
notice of the date, time and place of the informal conference. During the
conference, the alleged violator and Division personnel may present information
and arguments regarding the allegations and requirements of the NOV.
(C) Within 20 days after the informal
conference, the Division shall uphold, modify, or strike the allegations within
the NOV in the form of a settlement agreement or an enforcement
order.
(D) If the alleged violator
fails to timely request an informal conference, the terms of the NOV become a
binding enforcement order not subject to further review.
Section 11-1-2
Enforcement Order
(A) An enforcement order may be issued when
the violations included within an NOV are not resolved within the prescribed
time frame or the schedule set forth in a settlement agreement is not
met.
(B) An enforcement order may
include increased fines up to $1,000 per violation for each day of violation.
In addition, the enforcement order may include shut-down of the
explosives-related operation, suspension and/or revocation of an explosives
permit.
(C) An alleged violator may
appeal the enforcement order to the Division for a hearing under C.R.S.
24-4-105. The Division shall then
issue a final decision which is subject to judicial review under C.R.S.
24-4-106.
Notes
7 CCR 1101-9-11-1
38
CR 03, February 10, 2015, effective
3/10/2015
41
CR 21, November 10, 2018, effective
12/1/2018
42
CR 06, March 25, 2019, effective
5/1/2019
