Colorado Code
Part 5 - Permit System
§ 25-8-502. Application - Definitions - Fees - Funds Created - Public Participation - Repeal

(1.1) For each regulated activity listed in this subsection (1.1), the division may assess an annual permit fee and a nonrefundable permit application fee for new permits that must equal fifty percent of the annual permit fee. The full amount of the application fee is credited toward the annual permit fee. All such fees must be in accordance with the following schedules:

(III) The fee for an individual permit for construction activity is four thousand four hundred dollars; and
(IV) The division shall use the revenue generated by the fees set forth in subsections (1.1)(c)(II)(G) to (1.1)(c)(II)(K) and (1.1)(c)(III) of this section to continue to fund the administration and oversight of the construction sector and shall use the increased revenue, when compared with the revenue generated by the corresponding fees as they existed on June 30, 2015, to fund new services provided under the alternative compliance assurance model. The division shall not use the increased revenue to fund additional enforcement staff. The division may use the increased revenue for the following purposes:
(A) Increasing inspections of the construction sector to meet compliance objectives identified by the federal environmental protection agency;
(B) Implementing a compliance strategy that relies on increased assistance and follow-up to obtain an overall increase in compliance instead of increased reliance on enforcement;
(C) Targeting additional compliance assistance towards permittees to seek increased compliance, including: Streamlined site visits that provide initial assistance consultations and increased assistance resources such as guidance documents, presentations, and online resources; review and response to the inspected entity's written response to the inspection; follow-up inspections and additional inspections for owners and operators with systemic violations; and increased overall inspection frequency;

(1.3) For each service listed below, the division may assess a fee for the service, and all such fees must be in accordance with the following schedules:

(1.4) The division may establish an interim fee that must be consistent and equitable with the fees contained in subsection (1.1) of this section in any case where a facility other than those listed must be permitted. This interim fee applies until the date of adjournment sine die of the next regular session of the general assembly following imposition of the interim fee.

(1.6) There is hereby created the animal feeding operations fund, which consists of all fees collected for regulated activities associated with the animal agriculture sector in paragraph (a) of subsection (1.1) of this section, as well as all fees collected for services provided by the division associated with the animal agriculture sector in subsection (1.3) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the animal feeding operations fund. Any unexpended and unencumbered moneys remaining in the animal feeding operations fund at the end of any fiscal year remain in the animal feeding operations fund and shall not be transferred or revert to the general fund or any other fund. The general assembly shall annually appropriate the moneys in the animal feeding operations fund to the department of public health and environment for the direct and indirect costs associated with the permitting and oversight of animal feeding operations under this article.

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Source: L. 81: Entire article R&RE, p. 1328, § 1, effective July 1. L. 83: (1)(b) R&RE, (1)(c) amended, and (6) repealed, pp. 1076, 1079, 1080, §§ 1, 2, 8, effective July 1. L. 85: (5)(a)(I) amended, p. 909, § 11, effective June 4. L. 88: (1)(b)(I) and (1)(c) amended, p. 1025, § 1, effective May 6; (3)(c) amended, p. 1020, effective July 1. L. 90: (1)(b)(I) and (1)(c) amended and (1)(b.5) added, p. 1338, § 3, effective July 1. L. 92: (1)(b)(I) amended, p. 1301, § 5, effective July 1. L. 94: (1)(b.5)(III) and (1)(c) amended, p. 2790, § 522, effective July 1. L. 98: (1)(d) added, p. 1335, § 51, effective June 1; IP(1)(b)(I), (1)(b)(I)(G), IP(1)(b.5)(I), and (1)(c) amended and (1)(b)(I)(R) and (1)(b)(I)(S) added, p. 1227, § 1, effective July 1. L. 2000: IP(1)(b)(I) and IP(1)(b.5)(I) amended, p. 191, § 1, effective March 23. L. 2002: (1)(b)(I), (1)(b.5)(I), and (1)(c) amended and (1)(b.6) added, p. 1657, § 2, effective June 7. L. 2003: (1)(c) amended and (1)(e) and (1)(f) added, p. 1501, § 1, effective May 1. L. 2007: (1)(b)(I), (1)(b.5)(I), (1)(b.6), and (1)(c) amended and (1)(b.7) added, p. 1441, § 1, effective July 1. L. 2008: (2)(c), (3)(b), IP(5)(a)(II), and (5)(a)(II)(B) amended, p. 431, § 3, effective August 5. L. 2009: IP(1)(b)(I), (1)(b)(I)(E), (1)(b)(I)(R), (1)(b)(I)(S), and (1)(c) amended and (1)(g), (1)(h), and (1)(i) added, (HB 09-1330), ch. 352, pp. 1835, 1837, §§ 1, 2, effective July 1. L. 2012: (1)(b)(I)(E), (1)(b)(I)(R), (1)(b)(I)(S), and (1)(g) amended, (HB 12-1083), ch. 117, p. 399, § 1, effective July 1; (1)(b.7)(I) and (1)(b.7)(II) amended, (HB 12-1126), ch. 137, p. 494, § 5, effective August 8. L. 2015: (1) R&RE and (1.1), (1.2), (1.3), (1.4), (1.5), (1.6), and (1.7) added, (HB 15-1249), ch. 273, p. 1089, § 2, effective July 1. L. 2016: IP(1.1)(e), IP(1.2)(a), (1.5)(a), (1.5)(b), and (1.7) amended, (1.1)(e)(XIII) and (1.1)(e)(XIV) repealed, and (1.1)(f) added, (HB 16-1413), ch. 138, p. 405, § 1, effective July 1. L. 2017: IP(1.1)(c)(IV) amended, (SB 17-294), ch. 264, p. 1408, § 89, effective May 25; IP(1.7)(a) and (1.7)(a)(I) amended, (HB 17-1285), ch. 356, p. 1878, § 3, effective July 1; (1.1)(b), (1.1)(c)(II), (1.1)(c)(III), IP(1.1)(c)(IV), (1.1)(d), (1.1)(e), (1.1)(f), IP(1.2)(a), IP(1.2)(a)(I), IP(1.2)(a)(II), (1.3)(b)(V), (1.3)(b)(VI), (1.3)(b)(VII), (1.3)(b)(VIII), (1.3)(c), and (1.5)(c) amended, (HB 17-1285), ch. 356, p. 1864, § 2, effective July 1, 2018. L. 2018: (1.1)(a) amended, (SB 18-033), ch. 289, p. 1785, § 1, effective May 29. L. 2020: (1.5)(e) added, (HB 20-1406), ch. 178, p. 812, § 13, effective June 29.

Cross references: (1) For circumstances that will result in the repeal of this section, see § 25-8-507.
(2) For the legislative declaration contained in the 1992 act amending this section, see section 1 of chapter 188, Session Laws of Colorado 1992. For the legislative declaration contained in the 1994 act amending subsections (1)(b.5)(III) and (1)(c), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in HB 15-1249, see section 1 of chapter 273, Session Laws of Colorado 2015. For the legislative declaration in HB 17-1285, see section 1 of chapter 356, Session Laws of Colorado 2017.