(1) The department of public health and environment shall administer and enforce the water quality control programs adopted by the commission.
(2) In furtherance of such responsibility of the department, the executive director shall maintain within the division a separate water quality control agency.
(3) The director of said water quality control agency shall be employed pursuant to section 13 of article XII of the state constitution. He or she shall be a licensed professional engineer or have a graduate degree in engineering or other specialty dealing with the problems of pollution and shall also have appropriate practical and administrative experience related to such problems. Such person shall not be the administrator employed pursuant to section 25-8-202 (4).
(4) The division shall act as staff to the commission in commission proceedings other than adjudicatory or appellate proceedings in which the division is a party.
Source: L. 81: Entire article R&RE, p. 1320, § 1, effective July 1. L. 94: (1) amended, p. 2789, § 520, effective July 1. L. 2004: (3) amended, p. 1312, § 59, effective May 28.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.
Notes of Decisions
Sage v. Colo Dept of Pub Health, 2020 COA 127 (Colo. Ct. App. 2020).
· cites it 3× “As to permits for the discharge of contaminants into water, the Department has broad authority as the government 18 agency charged with responsibility to administer and enforce water quality control programs in Colorado, including the discharge permitting program, § 25-8-301(1);…”
City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996).
“See § 25-8-301, 11A C.R.S. (1995 Supp.). . Discharge permits regulate discharges through effluent limits, which set forth the permissible concentrations of pollutants in the discharged wastewater.”
Sierra Club v. Colorado Refining Co., 852 F. Supp. 1476 (D. Colo. 1994).
· cites it 2× “8 Finally, Sierra Club refers to CDH’s Notice of Violation and Cease and Desist Order issued to CRC on November 10, 1993 under the authority of the state’s Water Pollution Control Act, Colo.Rev.Stat. §§ 25-8-301 to 25-8-308 (1989), alleging years of unpermitted discharges of…”
Sierra Club v. El Paso Gold Mines, Inc., 198 F. Supp. 2d 1265 (D. Colo. 2002).
“§ 25-8-301, etseq. 5 . The court declines to address El Paso’s assertion that the pending Roosevelt Tunnel discharge permit application has mooted plaintiffs' request for injunctive relief.”
— Colo. Rev. Stat. § 25-8-301(1) — 1 case
Sage v. Colo Dept of Pub Health, 2020 COA 127 (Colo. Ct. App. 2020).
“As to permits for the discharge of contaminants into water, the Department has broad authority as the government 18 agency charged with responsibility to administer and enforce water quality control programs in Colorado, including the discharge permitting program, § 25-8-301(1);…”
— Colo. Rev. Stat. § 25-8-301(2) — 1 case
Sage v. Colo Dept of Pub Health, 2020 COA 127 (Colo. Ct. App. 2020).
“As to permits for the discharge of contaminants into water, the Department has broad authority as the government 18 agency charged with responsibility to administer and enforce water quality control programs in Colorado, including the discharge permitting program, § 25-8-301(1);…”
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