Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that increases maximum fines for air quality and water quality violations.

Highlights:

• Increases the civil penalty for air quality violations of any requirement or prohibition of an applicable emission control regulation of the commission, the state implementation plan, a construction permit, any provision for the prevention of significant deterioration, or an operating permit to not more than $47,357 per day per violation (Sec. 1).

• Increases the civil penalty for water quality violations of any permit, control regulation, final cease-and-desist order, or clean-up order to not more than $54,833 per day per violation (Sec. 2)

• Requires the air quality control commission and water quality control commission to annually adjust the amount of the maximum civil penalty based on changes in the consumer price index (Sec. 1-2).

• Extends the repeal date for the water quality improvement fund to September 1, 2025 (Sec. 2).

• Classifies criminal pollution of state waters committed with criminal negligence or recklessly as a misdemeanor, and increases the maximum fine to $25,000 per day for each day the violation occurs and or imprisonment of up to 364 days (Sec. 3).

• Classifies criminal pollution of state waters committed knowingly or intentionally as a class 5 felony and increases the maximum fine to $50,000 per day for each day the violation occurs and or imprisonment of up to 3 years (Sec. 3).

• Classifies making any material false statements, representations, or certifications, or falsifying, tampering with, or rendering inaccurate any monitoring device as a class 5 felony punishable as specified in section 18-1.3-401 (Sec. 4).

• Specifies that if 2 separate offenses under this section occur in 2 separate occurrences during a period of 2 years, the maximum fine and period of imprisonment for the second offense are double the amounts specified in 18-1.3-401 (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that increases maximum fines for air quality and water quality violations.

Highlights:

• Increases the civil penalty for air quality violations of any requirement or prohibition of an applicable emission control regulation of the commission, the state implementation plan, a construction permit, any provision for the prevention of significant deterioration, or an operating permit to not more than $47,357 per day per violation (Sec. 1).

• Increases the civil penalty for water quality violations of any permit, control regulation, final cease-and-desist order, or clean-up order to not more than $54,833 per day per violation (Sec. 2)

• Requires the air quality control commission and water quality control commission to annually adjust the amount of the maximum civil penalty based on changes in the consumer price index (Sec. 1-2).

• Extends the repeal date for the water quality improvement fund to September 1, 2025 (Sec. 2).

• Classifies criminal pollution of state waters committed with criminal negligence or recklessly as a misdemeanor, and increases the maximum fine to $25,000 per day for each day the violation occurs and or imprisonment of up to 364 days (Sec. 3).

• Classifies criminal pollution of state waters committed knowingly or intentionally as a class 5 felony and increases the maximum fine to $50,000 per day for each day the violation occurs and or imprisonment of up to 3 years (Sec. 3).

• Classifies making any material false statements, representations, or certifications, or falsifying, tampering with, or rendering inaccurate any monitoring device as a class 5 felony punishable as specified in section 18-1.3-401 (Sec. 4).

• Specifies that if 2 separate offenses under this section occur in 2 separate occurrences during a period of 2 years, the maximum fine and period of imprisonment for the second offense are double the amounts specified in 18-1.3-401 (Sec. 4).

Full Bill Text