Colo. Rev. Stat. » Title 25
Colorado Revised Statutes

Colo. Rev. Stat. § 25-15-310 (2026)

Criminal offenses - penalties

✓ current as of July 2026
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(1) On or after the date specified in section 25-15-102 (3), no person shall:

(a) Transport or cause to be transported any hazardous waste identified or listed pursuant to this article to a facility which does not have a permit under this article or the federal act;

(b) Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article either without having obtained a permit as required by this article or the federal act or in knowing violation of any material condition or requirement of a permit or interim status requirement;

(c) Omit any material information or make any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article or with the federal act or regulations promulgated under this article or the federal act;

(d) Destroy, alter, or conceal any record required to be maintained or fail to file any record required to be filed under regulations promulgated by the commission under this part 3 or pursuant to the federal act; or

(e) Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article in violation of any material condition or requirement of a permit or interim status requirement.

(2) Except as provided in section 18-13-112, 29-22-108, or 42-20-113, C.R.S., any person acting with criminal negligence as defined in section 18-1-501 (3), C.R.S., who violates any of the provisions of paragraph (a), (c), (d), or (e) of subsection (1) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation. If such conviction is for a violation committed after a previous conviction under this subsection (2), the maximum fine shall be doubled.

(3) Any person who knowingly, as defined in section 18-1-501 (6), C.R.S., violates any of the provisions of paragraph (a), (b), (c), or (d) of subsection (1) of this section is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than fifty thousand dollars for each day of violation, or by imprisonment not to exceed four years, or by both such fine and imprisonment. If said conviction is for a violation committed after a previous conviction of such person under this subsection (3), the maximum punishment shall be doubled with respect to both fine and imprisonment.

(4) (a) (Deleted by amendment, L. 92, p. 1252, § 12, effective August 1, 1992.)

(b) Any generator who otherwise stores waste on-site in compliance with the requirements of 6 CCR 1007-3, section 262.34 (a), as those requirements exist on July 1, 1988, but who knowingly exceeds the ninety-day storage period or any extension thereof is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in subsection (2) of this section.

(5) The court shall consider the factors contained in paragraphs (a) to (i) of this subsection (5) in determining the amount of any criminal sanction to be imposed pursuant to this article. The factors contained in paragraphs (f), (g), and (h) of this subsection (5) shall be mitigating factors and may be applied, together with other factors, to reduce or eliminate sanctions or penalties. Such factors are:

(a) The seriousness of the violation;

(b) Whether the violation was intentional, reckless, or negligent;

(c) The impact upon or the threat to the public health or the environment as a result of the violation;

(d) The degree, if any, of recalcitrance or recidivism upon the part of the violator;

(e) The economic benefit realized by the violator as a result of the violation;

(f) The voluntary and complete disclosure by the violator of such violation in a timely fashion after discovery and prior to the department's knowledge of the violation, provided that all reports required pursuant to state environmental law have been submitted as and when otherwise required;

(g) Full and prompt cooperation by the violator following disclosure of a violation, including, when appropriate, entering into in good faith and implementing a legally enforceable agreement to undertake compliance and remedial efforts;

(h) The existence of a regularized and comprehensive environmental compliance program or an environmental audit program that was adopted in a timely and good-faith manner and that includes sufficient measures to identify and prevent future noncompliance; and

(i) Any other aggravating or mitigating circumstances.

Source: L. 81: Entire article R&RE, p. 1358, § 1, effective July 1. L. 83: Entire section amended, p. 1104, § 25, effective November 2, 1984; (2) amended, p. 2055, § 34, effective November 2, 1984. L. 88: (1)(a), (1)(b), and (2) amended, (1)(e) and (4) added, and (3) R&RE, pp. 1048, 1049, §§ 1-3, effective July 1. L. 92: IP(1), (1)(c), (1)(d), (2), (3), and (4)(a) amended and (5) added, p. 1252, § 12, effective August 1. L. 94: (2) amended, p. 1641, § 62, effective May 31. L. 96: (2) amended, p. 1473, § 23, effective June 1.

Editor's note: (1) Although the act repealing and reenacting this article was effective July 1, 1981, this section was not effective until November 2, 1984. (See § 25-15-102 (3).)

(2) Amendments to this section by Senate Bill 83-282 and Senate Bill 83-414 were harmonized.

Cross references: For the penalty for abandonment of a vehicle containing hazardous waste or the intentional spilling of hazardous waste on streets or highways, see § 18-13-112; for the penalty for causing or contributing to the occurrence of a hazardous substance incident, see § 29-22-108; for the penalties for violations of the "Hazardous Materials Transportation Act of 1987", see §§ 42-20-109, 42-20-111, 42-20-204, and 42-20-305.

Notes of Decisions
Cited in 5 cases, 1991–2004 · leading case: People v. Thoro Prods. Co., Inc., 70 P.3d 1188 (Colo. 2003).
Sort: Relevance Newest Treatment
People v. Thoro Prods. Co., Inc., 70 P.3d 1188 (Colo. 2003). · cites it 24× “The People urge this court to reinstate Respondents' convictions for unpermitted disposal of hazardous waste in violation of section 25-15-310, 8 C.R.S. (2002). The court of appeals reversed the convictions after *1190 concluding that the prosecution of the Respondents was…”
People v. Thoro Prods. Co., 45 P.3d 737 (Colo. Ct. App. 2002). · cites it 6× “Newman, appeal the judgments of conviction and sentences entered upon jury verdicts finding them guilty of disposal and storage of hazardous waste without a permit in violation of the Hazardous Waste Act, § 25-15-310(1)(b), C.R.S.2000. Thoro also appeals its conviction for…”
People v. Newman, 91 P.3d 369 (Colo. 2004). · cites it 7× “Because the defendant’s four-year sentence for the storage of hazardous waste was not itself illegal; was not imposed in an illegal manner; and did not amount to an abuse of the sentencing court’s discretion, the rule is discharged. I. In 1997, Richard E.”
Harris v. Jefferson Cnty. Court, 808 P.2d 364 (Colo. Ct. App. 1991). · cites it 7× “This appeal challenges the judgment of the district court holding that the district attorney does not have authority to prosecute actions under § 25-15-310, C.R.S. (1989 Repl.Vol. 11A).”
People v. Inman, 950 P.2d 640 (Colo. Ct. App. 1997). · cites it 2× “Defendant also was charged with disposing of hazardous waste without a permit, in violation of § 25-15-310(l)(b), C.R.S. (1989 Repl.Vol.”
— Colo. Rev. Stat. § 25-15-310(1)(b) — 2 cases
People v. Thoro Prods. Co., Inc., 70 P.3d 1188 (Colo. 2003). “The People urge this court to reinstate Respondents' convictions for unpermitted disposal of hazardous waste in violation of section 25-15-310, 8 C.R.S. (2002). The court of appeals reversed the convictions after *1190 concluding that the prosecution of the Respondents was…”
People v. Thoro Prods. Co., 45 P.3d 737 (Colo. Ct. App. 2002). “Newman, appeal the judgments of conviction and sentences entered upon jury verdicts finding them guilty of disposal and storage of hazardous waste without a permit in violation of the Hazardous Waste Act, § 25-15-310(1)(b), C.R.S.2000. Thoro also appeals its conviction for…”
— Colo. Rev. Stat. § 25-15-310(2) — 1 case
People v. Thoro Prods. Co., Inc., 70 P.3d 1188 (Colo. 2003). “The People urge this court to reinstate Respondents' convictions for unpermitted disposal of hazardous waste in violation of section 25-15-310, 8 C.R.S. (2002). The court of appeals reversed the convictions after *1190 concluding that the prosecution of the Respondents was…”
— Colo. Rev. Stat. § 25-15-310(3) — 1 case
People v. Thoro Prods. Co., Inc., 70 P.3d 1188 (Colo. 2003). “The People urge this court to reinstate Respondents' convictions for unpermitted disposal of hazardous waste in violation of section 25-15-310, 8 C.R.S. (2002). The court of appeals reversed the convictions after *1190 concluding that the prosecution of the Respondents was…”
— Colo. Rev. Stat. § 25-15-310(5) — 1 case
People v. Newman, 91 P.3d 369 (Colo. 2004). “Because the defendant’s four-year sentence for the storage of hazardous waste was not itself illegal; was not imposed in an illegal manner; and did not amount to an abuse of the sentencing court’s discretion, the rule is discharged. I. In 1997, Richard E.”
— Colo. Rev. Stat. § 25-15-310(5)(i) — 1 case
People v. Newman, 91 P.3d 369 (Colo. 2004). “Because the defendant’s four-year sentence for the storage of hazardous waste was not itself illegal; was not imposed in an illegal manner; and did not amount to an abuse of the sentencing court’s discretion, the rule is discharged. I. In 1997, Richard E.”
— Colo. Rev. Stat. § 25-15-310(8) — 2 cases
People v. Thoro Prods. Co., 45 P.3d 737 (Colo. Ct. App. 2002). “Newman, appeal the judgments of conviction and sentences entered upon jury verdicts finding them guilty of disposal and storage of hazardous waste without a permit in violation of the Hazardous Waste Act, § 25-15-310(1)(b), C.R.S.2000. Thoro also appeals its conviction for…”
People v. Thoro Prods. Co., Inc., 70 P.3d 1188 (Colo. 2003). “The People urge this court to reinstate Respondents' convictions for unpermitted disposal of hazardous waste in violation of section 25-15-310, 8 C.R.S. (2002). The court of appeals reversed the convictions after *1190 concluding that the prosecution of the Respondents was…”
— Colo. Rev. Stat. § 25-15-310(l)(b) — 1 case
People v. Inman, 950 P.2d 640 (Colo. Ct. App. 1997). “Defendant also was charged with disposing of hazardous waste without a permit, in violation of § 25-15-310(l)(b), C.R.S. (1989 Repl.Vol.”
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