Colorado Code
Part 3 - State Hazardous Waste Management Program
§ 25-15-302. Solid and Hazardous Waste Commission - Creation - Membership - Rules - Fees - Administration - Definition

(3.5) The commission shall promulgate rules pertaining to the assessment of fees to offset program costs from facilities that treat, store, or dispose of hazardous waste pursuant to a permit or interim status and from generators of hazardous waste in accordance with the following:

(3.7) If the department determines that a facility is, and has been, treating, storing, or disposing of hazardous wastes without a permit or interim status, and that facility legally should have been operating pursuant to a permit or interim status, then, in addition to any other remedies the department may have, the department may assess a fee to offset program costs from that facility that is equivalent to the estimated annual fees, without interest, that such facility should have paid the department if the facility had been operating pursuant to a permit or interim status; except that such fee shall not be assessed under any one the following circumstances:

(4.7) Repealed.

Source: L. 81: Entire article R&RE, p. 1353, § 1, effective July 1. L. 83: (2)(c) to (2)(f), (2)(i), and (3) amended, (2)(k) and (2)(l) added, and (4) R&RE, pp. 1101, 1103, §§ 20, 21, effective June 3. L. 92: (2.5) added, p. 1237, § 5, effective June 1; entire section R&RE, p. 1237, § 6, effective August 1. L. 94: IP(2)(f) amended, p. 2563, § 71, effective January 1, 1995. L. 2000: (3.5) and (3.7) added and (4)(a) and (4)(c) amended, p. 1068, § 3, effective July 1. L. 2006: (1)(a) and (9)(a) amended and (4.5) and (4.6) added, p. 1131, § 10, effective July 1. L. 2008: (3.5)(b)(I) and (3.5)(b)(II) amended, p. 176, § 13, effective March 24; (4.7) added, p. 432, § 4, effective August 5. L. 2014: (4.7) repealed, (HB 14-1352), ch. 351, p. 1594, § 4, effective July 1. L. 2020: (3.2) added, (HB 20-1119), ch. 139, p. 605, § 2, effective June 29.
Editor's note: Although the act repealing and reenacting this article was effective July 1, 1981, this section was not effective until January 1, 1982. (See § 25-15-102 (2).)
Cross references: For the authority of the committee on hazardous waste regulation to develop rules and regulations to phase out land disposal of highly mobile, toxic, and persistent waste, see § 25-15-205 (3).