Rules

8-20-1004. Rules. The director has the authority to promulgate rules as necessary for the implementation of this part 10. Source: L. 2008: Entire part added, p. 1022, � 3, effective May 21. ARTICLE 20.5 Petroleum Storage Tanks Editor's note: This article was added with relocations in 1995 containing relocated provisions of some sections formerly located in parts 5, 6, and 7 of article 20 of this title and article 18 of title 25. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated. PART 1 ADMINISTRATION 8-20.5-101. Definitions. As used in this article, unless the context otherwise requires: (1) Abandoned tank means an underground or aboveground petroleum storage tank that the current tank owner or operator or current property owner did not install, has never operated or leased to another for operation, and had no reason to know was present on the site at the time of site acquisition. (2) (a) Aboveground storage tank means any one or a combination of containers, vessels, and enclosures, including structures and appurtenances connected to them, constructed of nonearthen materials, including but not limited to concrete, steel, or plastic, which provide structural support, used to contain or dispense fuel products and the volume of which, including the pipes connected thereto, is ninety percent or more above the surface of the ground. (b) Aboveground storage tank does not include: (I) A wastewater treatment tank system that is part of a wastewater treatment facility; (II) Equipment or machinery that contains regulated substances for operational purposes; (III) (A) Farm and residential tanks or tanks used for horticultural or floricultural operations. (B) Nothing in sub-subparagraph (A) of this subparagraph (III), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation. (IV) Aboveground storage tanks located at natural gas pipeline facilities that are regulated under state or federal natural gas pipeline acts; (V) Aboveground storage tanks associated with natural gas liquids separation, gathering, and production; (VI) Aboveground storage tanks associated with crude oil production, storage, and gathering; (VII) Aboveground storage tanks at transportation-related facilities regulated by the federal department of transportation; (VIII) Aboveground storage tanks used to store heating oil for consumptive use on the premises where stored; (IX) Aboveground storage tanks used to store flammable and combustible liquids at mining facilities and construction and earthmoving projects, including gravel pits, quarries, and borrow pits where, in the opinion of the director of the division of oil and public safety, tight control by the owner or contractor and isolation from other structures make it unnecessary to meet the requirements of this article; (X) Any other aboveground tank excluded by regulation. (2.5) Alternative fuel means a motor fuel that combines petroleum-based fuel products with renewable fuels. (3) Closure means the abandonment of an underground storage tank in place or the removal and disposal of an underground storage tank. (4) Department means the department of labor and employment, created in section 24-1-121, C.R.S. (5) Designee means a qualified municipality, city, home rule city, city and county, county, fire protection district, or any other political subdivision of the state, including a county or district public health agency created pursuant to section 25-1-506, C.R.S., which county or district public health agency is acting under agreement or contract with the department for the implementation of the provisions of this article. (5.5) Fee lands means land owned in fee simple within the exterior boundaries of the Southern Ute Indian reservations in Colorado. Fee land does not mean land owned by an Indian tribe or the federal government or held in trust by the federal government for the use or benefit of an Indian tribe or its members. (6) Fuel products means all gasoline, aviation gasoline, diesel, aviation turbine fuel, jet fuel, fuel oil, biodiesel, biodiesel blends, kerosene, all alcohol blended fuels, gas or gaseous compounds, and other volatile, flammable, or combustible liquids, produced, compounded, and offered for sale or used for the purpose of generating heat, light, or power in internal combustion engines or fuel cells, for cleaning or for any other similar usage. (7) Municipality means any city or any town operating under general or special laws of the state of Colorado or any home rule city or town, the charter or ordinances of which contain no provisions inconsistent with the provisions of part 3 of this article. (8) Operator means any person in control of, or having responsibility for, the operation of an underground or aboveground storage tank. (9) Orphan tank means an underground storage tank which is: (a) Owned or operated by an unidentified owner as defined in this article; or (b) No longer in use and was not closed in accordance with the procedures required by this article and the property has changed ownership prior to December 22, 1988, and such property is no longer used to dispense fuels. (10) (a) Owner means: (I) In the case of an underground storage tank in use on or after November 8, 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances; (II) In the case of an underground storage tank in use before November 8, 1984, but no longer in use on or after November 8, 1984, any person who owned such tank immediately before the discontinuation of its use; or (III) Any person who owns an aboveground storage tank. (b) For purposes of corrective action for petroleum releases, the term owner does not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect a security interest in or lien on the tank or the property where the tank is located. (11) Person means any individual, trust, firm, joint-stock company, corporation (including a government corporation), partnership, association, commission, municipality, state, county, city and county, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, or the government of the United States. (12) Property owner means a person having a legal or equitable interest in real or personal property that is subject to this article. (13) Regulated substance means: (a) Any substance defined in section 101 (14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, but not including any substance regulated as a hazardous waste under subtitle C of Title II of the federal Resource Conservation and Recovery Act of 1976, as amended; (b) Petroleum, including crude oil, and crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute); (c) Alternative fuel; or (d) Renewable fuel. (14) Release means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance from an underground storage tank into groundwater, surface water, or subsurface soils. (14.5) Renewable fuel means a motor vehicle fuel that is produced from plant or animal products or wastes, as opposed to fossil fuel sources. (15) Reportable quantities means quantities of a released regulated substance which equal or exceed the reportable quantity under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and petroleum products in quantities of twenty-five gallons or more. (16) Tank means a stationary device designed to contain an accumulation of a regulated substance, constructed primarily of nonearthen materials which provide structural support including, but not limited to, wood, concrete, steel, or plastic. (17) (a) Underground storage tank means any one or combination of tanks, including underground pipes connected thereto, except those identified in paragraph (b) of this subsection (17), that is used to contain an accumulation of regulated substances and the volume of which, including the volume of underground pipes connected thereto, is ten percent or more beneath the surface of the ground. (b) Underground storage tank does not include: (I) Any farm or residential tank with a capacity of one thousand one hundred gallons or less used for storing motor fuel for noncommercial purposes; (II) Any tank used for storing heating oil for consumptive use on the premises where stored; (III) Any septic tank; (IV) Any pipeline facility, including its gathering lines, regulated under the federal Natural Gas Pipeline Safety Act of 1968, as amended, or the federal Hazardous Liquid Pipeline Safety Act of 1979, as amended, or regulated under Colorado law if such facility is an intrastate facility; (V) Any surface impoundment, pit, pond, lagoon, or landfill; (VI) Any storm-water or wastewater collection system; (VII) Any flow-through process tank; (VIII) Any liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; (IX) Any storage tank situated in an underground area, such as a basement, cellar, mine-working, drift, shaft, or tunnel area, if the tank is situated upon or above the surface of the floor; (X) Any pipes connected to any tank described in subparagraphs (I) to (IX) of this paragraph (b); or (XI) Any other underground tank excluded by regulation. (18) Upgrade means the addition or retrofit of some systems such as cathodic protection, lining, modification of the system piping, or spill and overfill controls to improve the ability of a petroleum storage tank system to prevent the release of product. Source: L. 95: Entire article added, p. 389, � 1, effective July 1. L. 96: (1) and (2)(b) amended and (17)(b)(XI) added, pp. 710, 711, �� 2, 3, effective May 15. L. 2001: (2)(b)(IX) amended, p. 1125, � 41, effective June 5. L. 2005: (5.5) added, p. 418, � 4, effective July 1; (2)(b)(III) amended, p. 347, � 2, effective August 8; (6) amended, p. 1348, � 21, effective August 8. L. 2007: (2.5) and (14.5) added and (13) amended, p. 1760, �� 3, 4, effective June 1. L. 2008: (5) amended, p. 2051, � 4, effective July 1. L. 2009: (13)(a) amended, (SB 09-292), ch. 369, p. 1939, � 6, effective August 5. Editor's note: This section is similar to �� 8-20-501, 8-20-601, 8-20-702, and 25-18-102 as they existed prior to 1995. Cross references: For the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, see Pub.L. 96-510, codified at 42 U.S.C. � 9601 et seq. For the federal Resource Conservation and Recovery Act of 1976, see Pub.L. 94-580, codified at 42 U.S.C. � 6901 et seq. For the federal Natural Gas Pipeline Safety Act of 1968, see Pub.L. 90-481. For the federal Hazardous Liquid Pipeline Safety Act of 1979, see Pub.L. 96-129. 8-20.5-102. Registration - fees. (1) Each owner or operator of an underground or aboveground storage tank shall register such tank with the director of the division of oil and public safety within thirty days after the first day on which the tank is actually used to contain a regulated substance or, in the case of an aboveground storage tank, on or before July 1, 1993, or, thereafter, within thirty days after the first day on which the tank is actually used to contain a regulated substance. Each owner or operator shall renew such registration annually on or before the calendar day and month of initial registration for each year in which the storage tank is in use. An underground storage tank is considered to be in use at all times, except when the tank has been either removed from the ground or permanently closed in accordance with the rules promulgated pursuant to section 8-20.5-202 (1.5) that relate to the closure of such tanks. (2) To register or renew registration of an underground or aboveground storage tank, the owner or operator of the tank shall submit to the director of the division of oil and public safety a completed registration or renewal form and payment of the fee established in subsection (3) of this section. The director of the division of oil and public safety shall provide registration and renewal forms. (3) The registration and renewal fee shall be thirty-five dollars for each tank for each year. The fees collected pursuant to this subsection (3) shall be credited to the petroleum storage tank fund created in section 8-20.5-103. (4) The director of the division of oil and public safety shall collect delinquent registration and renewal fees and assess a penalty of up to twice the amount of such fees and reasonable costs associated with the collection of such fees. Source: L. 95: Entire article added, p. 392, � 1, effective July 1. L. 2001: (1), (2), and (4) amended, p. 1125, � 42, effective June 5. L. 2007: (4) amended, p. 386, � 2, effective April 3; (1) amended, p. 981, � 3, effective July 1. Editor's note: This section is similar to former � 8-20-506 as it existed prior to 1995. 8-20.5-103. Petroleum storage tank fund - petroleum cleanup and redevelopment fund - creation - rules - definition - repeal. (1) There is hereby created in the state treasury the petroleum storage tank fund, which is an enterprise fund. The fund consists of the following: (a) Registration and annual renewal fees collected from owners or operators of aboveground and underground storage tanks pursuant to section 8-20.5-102 (3); (b) Repealed. (c) Fees collected pursuant to section 8-20.5-102 (4); (d) Surcharge funds collected pursuant to section 8-20-206.5; (e) Moneys reimbursed to the department in payment for costs incurred in the investigation of a release and performance of corrective action pursuant to section 8-20.5-209; (f) Any moneys appropriated to the fund by the general assembly; (g) Any moneys granted to the department from a federal agency for administration of the underground storage tank program; and (h) Moneys from bonds issued pursuant to subsection (8) of this section. (2) (a) The moneys in the petroleum storage tank fund and all interest earned on moneys in the fund shall not be credited or transferred to the general fund at the end of the fiscal year. (b) Repealed. (3) The money in the petroleum storage tank fund is continuously appropriated to the division of oil and public safety; except that the expenditure of money for the purposes specified in subsections (3)(b), (3)(f), and (3)(g) of this section is subject to annual appropriation by the general assembly. The fund shall be used for: (a) Petroleum corrective action purposes and third-party liability where the costs exceed the minimum financial responsibility requirements of the owner or operator provided for in section 8-20.5-206; except that moneys from the fund may not be used for initial abatement and corrective action regarding fuels that are especially prepared and sold for use in aircraft or railroad equipment or locomotives; (b) Administrative costs, limited each year to the amount of the registration fee stated in section 8-20.5-102, including costs for contract services and costs related to the delegation of duties to units of local government which are incurred by the department of labor and employment in carrying out administrative responsibilities pursuant to this article; (c) Any costs related to the abatement of fire and safety hazards as ordered by the director of the division of oil and public safety pursuant to section 8-20.5-208 (3); (d) Investigation of releases or suspected releases and performance of corrective action for petroleum releases by the department or its designated agent pursuant to section 8-20.5-209; (e) Any federal program pertaining to petroleum underground storage tanks, which program requires state-matching dollars; (f) (I) Costs related to petroleum storage tank facility inspections and meter calibrations. (II) This subsection (3)(f) is repealed, effective September 1, 2033. (g) Administrative costs necessary for the implementation of this article and section 8-20-206.5. (3.5) (a) Moneys in the petroleum storage tank fund may be used as incentives to underground or aboveground storage tank owners and operators for significant operational compliance or to upgrade existing systems. The director of the division of oil and public safety shall promulgate rules to implement this subsection (3.5). (b) As used in this subsection (3.5), significant operational compliance means that an owner or operator of an underground or aboveground storage tank is in full compliance with all of the requirements of this article and, through one or more best management practices that are not otherwise required, has prevented or reduced the threat of a release to the environment. (3.7) The director of the division of oil and public safety may annually transfer up to five hundred thousand dollars from the petroleum storage tank fund to the petroleum cleanup and redevelopment fund. (4) Appropriations of moneys out of the fund for the purpose of initial abatement response or for corrective action purposes in the cleanup of releases shall be used only for those stated purposes and shall not be used for any administrative costs incurred by the department. Any amounts used for initial abatement response or for corrective action purposes shall be reported annually to the general assembly and the joint budget committee. (5) Subject to section 8-20.5-104, the fund shall be available only to those underground and aboveground storage tanks owners or operators who are in compliance with the provisions of section 8-20.5-209 and regulations promulgated pursuant to sections 8-20.5-202 and 8-20.5-302. (6) Moneys in the petroleum storage tank fund shall not be used: (a) Repealed. (b) To fund any programs that are not specifically stated within this section. (7) (a) Subject to sections 8-20.5-206 (6) and 8-20.5-303 (6), owners and operators of underground and aboveground storage tanks on fee lands shall be eligible for access to the fund if the tank owner or operator: (I) Has registered such tanks pursuant to section 8-20.5-102 and paid the surcharges imposed by section 8-20-206.5; (II) Can demonstrate that the owner or operator is in compliance with the rules promulgated pursuant to sections 8-20.5-202 and 8-20.5-302; and (III) Can demonstrate that the owner or operator has complied with sections 8-20.5-209 and 8-20.5-304 and any other rules, policies, and procedures of the department concerning corrective action. (b) Underground and aboveground storage tank owners and operators who have been denied access to the fund prior to July 1, 2005, based upon a determination that the tanks are on fee lands, are eligible to reapply for reimbursement from the fund if the application is filed prior to December 31, 2005, and is not barred by settlement or other agreement. (c) Nothing in this subsection (7) shall be construed to modify the department's authority to regulate operation of or corrective action for underground and aboveground storage tanks on fee lands. (7.5) Repealed. (8) The executive director of the department is authorized to issue bonds to reimburse assessment and corrective action costs to remediate petroleum contamination. The petroleum storage tank committee may temporarily raise such bonding limits in the event of extraordinary circumstances or environmental conditions. (9) (a) There is hereby created in the state treasury the petroleum cleanup and redevelopment fund, which is referred to in this subsection (9) as the redevelopment fund. The redevelopment fund's sources of revenue are: (I) Civil penalties collected pursuant to section 8-20.5-107; (II) Any public or private gifts, grants, or donations to the redevelopment fund received by the department; (III) Any legislative appropriations made to the redevelopment fund; (IV) Earned interest, which the state treasurer shall deposit in the redevelopment fund; and (V) Money transferred from the petroleum storage tank fund pursuant to subsection (3.7) of this section. (b) (I) The department may use revenues in the redevelopment fund for administration, investigation, abatement action, and preparing and implementing corrective action plans for petroleum releases not covered by the petroleum storage tank fund if, in the opinion of the director of the division of oil and public safety, such actions would enhance environmental protection and beneficial use of the property affected by the releases. The revenues in the redevelopment fund: (A) Remain in the fund and shall neither be credited nor transferred to the general fund at the end of any fiscal year; (B) Are exempt from section 24-75-402, C.R.S.; and (C) Are continuously appropriated to the division of oil and public safety for the purposes stated in this section and are not subject to annual appropriation by the general assembly; except that the uses of the fund for the department's costs in administering this subsection (9) are subject to annual appropriation by the general assembly. (II) Subject to the availability of money in the redevelopment fund, the maximum amount payable from the redevelopment fund for any single corrective action plan must not exceed fifty percent of the eligible cleanup costs or five hundred thousand dollars, whichever is less. (c) Repealed. (d) The division of oil and public safety shall promulgate rules to implement this subsection (9). (e) Repealed. (f) (I) Notwithstanding any provision of this subsection (9) to the contrary, on June 30, 2025, the state treasurer shall transfer seven hundred thousand dollars from the redevelopment fund to the general fund. (II) This subsection (9)(f) is repealed, effective July 1, 2026. Source: L. 95: Entire article added, p. 393, � 1, effective July 1. L. 2000: (3)(f) and (6) added, p. 1383, �� 1, 2, effective May 30. L. 2001: (3)(c) amended, p. 1126, � 43, effective June 5. L. 2002: (2) amended, p. 150, � 2, effective March 27; (3)(f) amended, p. 950, � 1, effective August 7. L. 2003: (3)(g) added and (6)(a) repealed, p. 2665, �� 3, 2, effective June 5. L. 2005: IP(1) amended and (1)(h) and (8) added, p. 1326, �� 1, 2, effective July 1; (7) added, p. 416, � 1, effective July 1. L. 2007: IP(3), (3)(a), and (3)(f)(II) amended, p. 387, � 3, effective April 3; (3.5) added, p. 980, � 1, effective July 1. L. 2010: (3)(f)(II) amended, (HB 10-1185), ch. 82, p. 276, � 2, effective August 11. L. 2013: IP(1) amended, (1)(b) repealed, and (9) added, (HB 13-1252), ch. 247, p. 1196, � 1, effective May 18. L. 2014: (9)(b)(I) amended, (HB 14-1334), ch. 370, p. 1762, � 1, effective June 6. L. 2015: (3.5) added, (HB 15-1299), ch. 162, p. 494, � 1, effective August 5. L. 2016: (2)(b) repealed, (HB 16-1408), ch. 153, p. 472, � 26, effective July 1; IP(3) and (3)(f)(II) amended, (HB 16-1044), ch. 1, p. 1, � 2, effective August 10. L. 2020: (7.5) and (9)(e) added, (HB 20-1406), ch. 178, p. 810, � 1, effective June 29. L. 2021: (9)(e) repealed, (SB 21-266), ch. 423, p. 2794, � 2, effective July 2. L. 2023: IP(3), (3)(f)(II), (9)(a)(III), and (9)(a)(IV) amended and (3.7) and (9)(a)(V) added, (SB 23-280), ch. 404, p. 2416, � 1, effective August 7. L. 2025: (9)(f) added, (SB 25-264), ch. 129, p. 499, � 4, effective April 25; (7.5) repealed, (SB 25-300), ch. 428, p. 2536, � 3, effective August 6. Editor's note: (1) This section is similar to former � 25-18-109 as it existed prior to 1995. (2) Subsection (9)(c)(II) provided for the repeal of subsection (9)(c), effective July 1, 2014. (See L. 2013, p. 1196.) 8-20.5-104. Rules - petroleum storage tank committee. (1) (a) There is created the petroleum storage tank committee, which consists of seven members who have technical expertise and knowledge in fields related to corrective actions taken to mitigate underground and aboveground storage tank releases. (b) The committee consists of: (I) The following permanent members: (A) The director of the division of oil and public safety or the director's designee; (B) The executive director of the department or the executive director's designee; and (C) An owner or operator; and (II) Four members appointed by the governor who shall be chosen from among the following groups, with no more than one member representing each group: (A) Fire protection districts; (B) Elected local governmental officials; (C) Companies that refine and retail motor fuels in Colorado; (D) Companies that wholesale motor fuels in Colorado; (E) Owners and operators of independent retail outlets; (F) Companies that conduct corrective actions or install and repair underground and aboveground storage tanks; and (G) Private citizens or interest groups. (c) The department shall provide staff to support the activities of the committee. (2) Members of the committee shall serve three-year terms. All vacancies shall be filled by the governor to serve the remainder of the unexpired term. (3) Members of the committee shall receive no additional salary or per diem reimbursement for their services as members of the committee, but shall be allowed travel and parking costs and maintenance expenses while on official committee business conducted more than one hundred miles from their respective residences. (4) The committee shall be required to meet no more than twice in any month. The committee shall recommend all regulatory actions proposed by the committee to the director of the division of oil and public safety for adoption or ratification. The committee shall conduct the following activities in accordance with section 24-4-105, C.R.S., as its routine business: (a) Establish procedures, practices, and policies governing the committee's activities; (b) Review standards and regulations governing underground and aboveground storage tanks; (c) Establish procedures, practices, and policies governing the form and procedures for applications to the petroleum storage tank fund for reimbursement compensation; (d) (I) Establish procedures, practices, and policies governing any and all aspects of processing, adjusting, defending, or paying claims against the fund. To encourage tank owners and operators to report and remediate contamination and achieve compliance with rules promulgated by the director of the division of oil and public safety, the committee may approve claims involving tanks not operated in substantial compliance, but may also determine the amount, if any, by which such claims may be reduced for noncompliance. Before imposing any reduction for noncompliance the committee shall determine whether the rules issued by the director of the division of oil and public safety are both substantially and procedurally no more stringent than United States environmental protection agency regulations under 42 U.S.C. sec. 6991 and whether the areas of noncompliance were brought into compliance prior to application to the fund, where possible. The committee shall use the following guidelines when imposing a reduction for noncompliance: (A) Up to a ten percent reduction for failure to register a tank; (B) Up to a twenty-five percent reduction for improper release detection; (C) Up to a ten percent reduction for improper release reporting; (D) Up to a twenty percent reduction for improper out-of-service and closure. (II) Nothing in this article shall be construed to require the committee to approve a claim involving substantial noncompliance. The committee shall establish specific criteria to define when denial for substantial noncompliance may be imposed. (e) Establish priorities governing the types of corrective actions which shall be reimbursed from the fund; (f) Review corrective action plans submitted pursuant to section 8-20.5-209, for which no agreement has been reached through informal conferences between the department and the owner or operator, and make a recommendation to the department, upon request from the department or the owner or the operator, as to the corrective action that is acceptable; (g) Issue public notices and hold public hearings to obtain comment on the activities described in this subsection (4); (h) (I) (A) Pay interest to all persons who file a properly and fully completed claim for reimbursement and are not reimbursed in a timely manner. For purposes of this paragraph (h), interest shall accrue on the amount approved for payment by the committee at the rate determined pursuant to section 39-21-110.5, C.R.S., for each day a properly and fully completed application is not processed in a timely manner. (B) Notwithstanding this paragraph (h), if a claimant cannot be reimbursed in a timely manner because insufficient moneys in the petroleum storage tank fund prevent the issuance of a reimbursement check within thirty days after approval of the disbursement, interest shall not begin to accrue on the claim until thirty-one days after sufficient moneys are available in said fund. (II) For purposes of this paragraph (h), timely manner means: (A) That an application filed with the petroleum storage tank fund on or after January 1, 1996, shall be submitted for review by the committee within ninety working days of receipt; (B) That an application filed with the petroleum storage tank fund on or after July 1, 1995, but before January 1, 1996, shall be submitted for review by the committee within one hundred twenty working days of receipt; (C) That an application filed with the petroleum storage tank fund before July 1, 1995, shall be submitted for review by the committee no later than December 31, 1995; (D) That reimbursement checks shall be issued within thirty days after disbursement is approved by the committee. (5) The committee may, in order to perform any or all of its responsibilities and functions under subsection (4) of this section, contract for the use of outside experts, consultants, or services. (6) Reductions determined by the committee because of noncompliance shall be cumulative and shall apply to all eligible costs approved by the committee in the initial and all supplemental claims for the occurrence as defined in section 8-20.5-206 (2); except that in no instance shall cumulative reductions for noncompliance apply to claims submitted in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3). (7) The reductions described in subsections (4)(d) and (6) of this section pertain to this section only and shall not be construed to have any impact on cost-recovery actions taken in accordance with section 8-20.5-209 or any civil or criminal penalties imposed as part of an enforcement proceeding. (8) At its first meeting of each fiscal year, on or about July 1, the committee shall establish and set aside for reimbursements to those individuals who are eligible to make application to the fund in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3), an amount equal to twenty percent of the total budget of the department from the petroleum storage tank fund, which amount shall be used for the purpose of conducting remediation activities in accordance with sections 8-20.5-206 (3), 8-20.5-209, and 8-20.5-303 (3) and shall protect the integrity of the fund as a financial assurance mechanism for tank owners and operators. The committee shall reexamine on a quarterly basis the unencumbered balance of this allocation and may set aside lesser or additional amounts for reimbursements to such applicants based on the relative number of requested reimbursements from the owners and operators of active sites, with preference given to the remediation of recently contaminated locations and to active tank sites based on their higher potential for environmental impact. (9) The petroleum storage tank committee is a type 1 entity as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified by this section under the department of labor and employment and the executive director. Source: L. 95: Entire article added, p. 394, � 1, effective July 1. L. 96: (4)(h)(I) amended, p. 711, � 4, effective May 15. L. 2001: (1), IP(4), and IP(4)(d)(I) amended, p. 1126, � 44, effective June 5. L. 2007: (8) amended, p. 387, � 4, effective April 3. L. 2022: (1) amended, (SB 22-013), ch. 2, p. 5, � 4, effective February 25; (9) amended, (SB 22-162), ch. 469, p. 3384, � 89, effective August 10. Editor's note: This section is similar to former � 25-18-105 as it existed prior to 1995. Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022. 8-20.5-105. Confidentiality. (1) Any records, reports, and information obtained from any person under the provisions of this article shall be available to the public; except that any records granted confidentiality by the director of the division of oil and public safety or a designee, or granted confidentiality under existing Colorado statutes or rules, shall remain confidential. (2) Any person making such confidential records available to any person or organization without authorization from the affected operator or owner commits a petty offense and shall be punished pursuant to section 18-1.3-503. (3) Confidential records may be disclosed to officers, employees, or authorized representatives of the state or of the United States who have been charged with administering this article or subtitle I of the federal Resource Conservation and Recovery Act of 1976, as amended. Such disclosure shall not constitute a waiver of confidentiality. Source: L. 95: Entire article added, p. 397, � 1, effective July 1. L. 2001: (1) amended, p. 1126, � 45, effective June 5. L. 2002: (2) amended, p. 1467, � 19, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3142, � 93, effective March 1, 2022. L. 2022: (2) amended, (HB 22-1229), ch. 68, p. 349, � 40, effective March 1; (2) amended, (SB 22-212), ch. 421, p. 2966, � 17, effective August 10. Editor's note: (1) This section is similar to former � 25-18-106 as it existed prior to 1995. (2) Amendments to subsection (2) by SB 22-212 and HB 22-1229 were harmonized. (3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act changing this section applies to offenses committed on or after March 1, 2022; however, the Governor signed the act April 7, 2022. Cross references: (1) For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002. (2) For the Resource Conservation and Recovery Act of 1976, as amended, see Pub.L. 94-580, codified at 42 U.S.C. � 6901 et seq. 8-20.5-106. Injunctions. In addition to the remedies provided in this article, the director of the division of oil and public safety is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction restraining any person from violating any provision of this article, regardless of whether there is an adequate remedy at law. Source: L. 95: Entire article added, p. 398, � 1, effective July 1. L. 2001: Entire section amended, p. 1127, � 46, effective June 5. Editor's note: This section is similar to former � 8-20-513 as it existed prior to 1995. 8-20.5-107. Enforcement orders - civil penalties. (1) A notice of violation may be issued by the director of the division of oil and public safety to any person who is believed to have violated any provision of this article, any rule promulgated pursuant thereto, or any warrant issued pursuant to section 8-20.5-208. The notice of violation shall be served personally or by certified mail, return receipt requested, upon the alleged violator. (2) The notice of violation shall set forth the facts which allegedly constitute the violation and the provisions which have allegedly been violated of either this article or any regulation promulgated pursuant thereto. The notice of violation may require the alleged violator to take any actions necessary to correct the alleged violation. (3) Within ten working days after service of the notice of violation, the alleged violator may file a written request with the director of the division of oil and public safety for an informal conference regarding the notice of violation. If the alleged violator fails to timely request an informal conference, all provisions of the notice of violation shall become final and not subject to further administrative review. The director of the division of oil and public safety may then seek judicial enforcement of the notice of violation. (4) Upon receipt of the written request, the director of the division of oil and public safety shall provide the alleged violator with a written notice of the date, time, and place of the informal conference. The director of the division of oil and public safety or a designee shall preside at the informal conference, during which the alleged violator and the entity that issued the notice of violation may present information and arguments regarding the allegations and requirements of the notice of violation. (5) Within twenty working days after the informal conference, the director of the division of oil and public safety shall uphold, modify, or strike the allegations of the notice of violation and may issue an enforcement order. The decision shall be served upon the alleged violator personally or by certified mail, return receipt requested. Such notice of violation or enforcement order 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. The executive director may review such decision in accordance with the provisions of section 24-4-105, C.R.S., and final agency action shall be determined in accordance with the provisions of said section. Such final agency action shall be subject to judicial review in accordance with section 24-4-106, C.R.S. (6) The enforcement order may require the alleged violator to pay a civil penalty not to exceed five thousand dollars per tank for each day of violation. (7) The director of the division of oil and public safety may file suit in the district court for the judicial district in which violations have occurred to obtain judicial enforcement of the provisions of any enforcement order. The petroleum storage tank fund may be subrogated to the rights of an owner or operator with respect to a claimed amount at the time a claim is filed with the fund. Source: L. 95: Entire article added, p. 398, � 1, effective July 1; (5) amended, p. 634, � 12, effective July 1. L. 2001: (1), (3), (4), (5), and (7) amended, p. 1127, � 47, effective June 5. L. 2005: (5) amended, p. 853, � 8, effective June 1. Editor's note: This section is similar to former � 8-20-512 as it existed prior to 1995. 8-20.5-108. Petroleum storage tank administration - transfer to department of labor and employment - legislative declaration. (1) (a) The general assembly hereby finds, determines, and declares that there is a significant backlog in the processing of claims being made against the petroleum storage tank fund. Claims for reimbursement for cleaning up petroleum contamination are not acted upon in a timely manner, which places the storage tank owner in financial jeopardy. Lenders are reluctant to write loans on contaminated property, causing the next phase of remediation to be delayed and allowing contamination to spread, threatening the environment and unnecessarily escalating future cleanup expenses. (b) The general assembly further finds, determines, and declares that it is in the best interest of this state to transfer petroleum storage tank administrative functions performed by the department of public health and environment to the department of labor and employment, and thereby consolidate the administration and regulation of petroleum storage tanks in this state under one department, which will minimize the cost of such functions and centralize management. (2) (a) The administrative functions of the petroleum storage tank fund, including claims processing, corrective action plan review and approval, and any other responsibilities for petroleum storage tank programs performed by the department of public health and environment prior to July 1, 1995, are transferred to the department of labor and employment. All employees of the department of public health and environment, excluding any contract labor, who perform the functions transferred pursuant to this subsection (2) and whose employment in the department of labor and employment is deemed necessary by the executive director of the said department are transferred to the department of labor and employment and shall become employees thereof. (b) Such employees shall retain all rights to the state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules. (c) On July 1, 1995, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the department of public health and environment pertaining to the duties and functions transferred to the department of labor and employment pursuant to this subsection (2) are transferred to the department of labor and employment and shall become the property of such department. (3) Repealed. Source: L. 95: Entire article added, p. 399, � 1, effective July 1. Editor's note: Subsection (3)(c) provided for the repeal of subsection (3), effective December 31, 1996. (See L. 95, p. 399.) PART 2 UNDERGROUND STORAGE TANKS Law reviews: For article, Colorado New Underground Storage Tank Law, see 19 Colo. Law. 233 (1990); for article, Availability of the Colorado UST Fund to Property Owners and Mortgagees, see 23 Colo. Law. 873 (1994). 8-20.5-201. Legislative declaration. The general assembly hereby finds and declares that the leakage of regulated substances from underground storage tanks constitutes a potential threat to the waters and the environment of the state of Colorado and presents a potential menace to the public health, safety, and welfare of the people of the state of Colorado and that, to that end, it is the purpose of this part 2 to establish a program for the protection of the environment and of the public health and safety by preventing and mitigating the contamination of the subsurface soil, groundwater, and surface water which may result from leaking underground storage tanks. Source: L. 95: Entire article added, p. 400, � 1, effective July 1. Editor's note: This section is similar to former � 8-20-501 as it existed prior to 1995. 8-20.5-202. Duties of director of division of oil and public safety - rules. (1) The director of the division of oil and public safety shall promulgate and enforce rules that are no more stringent than the requirements contained in 42 U.S.C. sec. 6991 et seq., and the regulations promulgated thereunder, except as allowed by federal law, including the federal Energy Policy Act of 2005, Pub.L. 109-58, as amended, for: (a) Notification requirements for owners and operators of underground storage tanks; (b) Design, performance, construction, and installation standards for new underground storage tanks; (c) Design, performance, construction, and installation standards for the upgrading of existing underground storage tanks; (d) General operating requirements; (e) Release detection; (f) Release reporting, investigation, and confirmation; and (g) (Deleted by amendment, L. 2007, p. 980, � 2, effective July 1, 2007.) (h) Financial responsibility for underground storage tank systems containing regulated substances. (1.5) The director of the division of oil and public safety shall promulgate and enforce rules for out-of-service underground storage tank systems and closure of such tanks. (1.7) Within one hundred twenty days after January 1, 2008, the director of the division of oil and public safety shall promulgate, and the division shall enforce, rules concerning the placement of underground storage tanks that contain renewable fuels. Such rules shall be promulgated with the purpose of developing a uniform statewide standard of issuing permits for underground storage tanks to promote the use of renewable fuels so that the process of obtaining a permit for an underground storage tank that contains renewable fuels may be more efficient and affordable. (2) The director of the division of oil and public safety shall ensure that: (a) All releases from underground storage tank systems are promptly assessed and that further releases are stopped; (b) Actions are taken to identify, contain, and mitigate any immediate fire and safety hazards that are posed by a release; (c) All releases from underground storage tank systems are investigated to determine if there are impacts of reportable quantities on subsurface soil, groundwater, and any nearby surface water; (d) All releases above reportable quantities are reported to the director of the division of oil and public safety. (3) The director of the division of oil and public safety shall, if necessary, negotiate and enter into memoranda of agreement with and apply for and receive grants from the United States environmental protection agency pursuant to the provisions of this article. (4) The director of the division of oil and public safety shall establish criteria pursuant to subsection (1) of this section for delegation of authority to local agencies. (5) Repealed. Source: L. 95: Entire article added, p. 401, � 1, effective July 1. L. 97: (5) repealed, p. 1474, � 8, effective June 3. L. 2001: IP(1), IP(2), (2)(d), (3), and (4) amended, p. 1128, � 48, effective June 5. L. 2007: IP(1) amended, p. 387, � 5, effective April 3; (1.7) added, p. 1760, � 5, effective June 1; IP(1) and (1)(g) amended and (1.5) added, p. 980, � 2, effective July 1. Editor's note: (1) This section is similar to former � 8-20-503 as it existed prior to 1995. (2) Amendments to the introductory portion to subsection (1) by Senate Bill 07-031 and Senate Bill 07-247 were harmonized. 8-20.5-203. Performance of duties by owner or operator. Duties imposed by this part 2 on the owner or the operator may be performed by either the owner or the operator. If neither the owner nor the operator performs the duties imposed by this part 2, both shall be considered in violation of this part 2. Source: L. 95: Entire article added, p. 402, � 1, effective July 1. Editor's note: This section is similar to former � 8-20-504 as it existed prior to 1995. 8-20.5-204. Installation and upgrading of underground storage tanks. (1) Plans for any installation of a new underground storage tank and plans for the complete upgrading of an existing underground storage tank shall be submitted by the owner or operator of the proposed or existing underground storage tank to the director of the division of oil and public safety for approval prior to such installation or upgrading. (2) Plans for the installation of a new underground storage tank or for the complete upgrading of an existing underground storage tank shall be in compliance with the rules promulgated pursuant to section 8-20.5-202 (1). The director of the division of oil and public safety or a designee shall approve or reject proposed plans and amendments thereto within twenty working days after submittal of the plan. If no action is taken by the director of the division of oil and public safety or a designee withi