1. (1) Upon application of the division, the division may collect penalties as determined under this article 7 by instituting an action in the district court for the district in which the air pollution source affected is located, in accordance with the following provisions:

   1. (a) (Deleted by amendment, L. 92, p. 1220, § 23, effective July 1, 1992.)

   2. (b) Any person who violates any requirement or prohibition of a final order of the division or commission, an applicable emission control regulation of the commission, the state implementation plan, a construction permit, any provision for the prevention of significant deterioration under part 2 of this article 7, any provision related to attainment under part 3 of this article 7, or any provision of or commission rule adopted pursuant to section 25-7-105, 25-7-106, 25-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-141, 25-7-146, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414 is subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each day of the violation; except that:

      1. (I) On or before December 31, 2021, the commission shall, by rule, annually adjust the amount of the maximum civil penalty based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index; and
      2. (II) Civil penalties shall not be assessed or collected against persons who violate emission regulations promulgated by the commission for the control of odor until a compliance order issued pursuant to section 25-7-115 and ordering compliance with the odor regulation has been violated.
   3. (c) Any person failing to comply with the provisions of section 25-7-114.1 shall be subject to a civil penalty of not more than one thousand dollars per day per violation.
   4. (d) Any person who violates any requirement, prohibition, or order respecting an operating permit issued pursuant to section 25-7-114.3, including failure to obtain such a permit, to operate in compliance with any term or condition of the permit, or to pay the permit fee required under section 25-7-114.7 (2), or who commits a violation of section 25-7-109.6 is subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each violation; except that, on or before December 31, 2021, the commission shall, by rule, annually adjust the amount of the maximum civil penalty based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
   5. (e) Any person who violates any provision of section 25-7-139 shall be subject to a civil penalty of not more than one thousand dollars.
   6. (f) Any person who owns or operates storage tanks at a gasoline dispensing facility, as defined by regulations promulgated by the air quality control commission, who violates any requirement to maintain a vapor collection system pursuant to air quality control regulations shall be subject to a civil penalty of not more than fifteen thousand dollars per day for each day of such a violation.
   7. (g) Any person who owns or operates a gasoline dispensing facility, as defined by regulations promulgated by the air quality control commission, who violates any requirement to maintain records required pursuant to air quality control commission regulations and the air pollution control division shall be subject to a civil penalty of not more than five thousand dollars. For a second violation, the civil penalty shall be not more than ten thousand dollars. For a third or subsequent violation, the civil penalty shall be not more than fifteen thousand dollars.
   8. (h) The division, in consultation with stakeholders from gasoline dispensing facilities and gasoline transport truck companies, as defined by regulations promulgated by the air quality control commission, shall develop design, operation, and maintenance guidelines by June 30, 2021. The guidelines will assist owners and operators of gasoline dispensing facilities and gasoline transport trucks in complying with the requirements of air quality control commission regulations.

   9. (i)

      1. (I) Except as provided in subsection (1)(i)(II) of this section, an owner of a covered building that violates:

         1. (A) Section 25-7-142 (3) or (6) is subject to a civil penalty of up to five hundred seventy-seven dollars for a first violation and up to two thousand three hundred dollars for each subsequent violation, which amounts the commission shall, by rule, annually adjust based on the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers;
         2. (B) On and after January 1, 2030, performance standards adopted by the commission pursuant to section 25-7-142 or that violates the requirements of section 25-7-142 (8.6) is, for a first violation, subject to a civil penalty in an amount not to exceed two thousand three hundred dollars for every thirty days that the owner is in violation and, for each subsequent violation, subject to a penalty in an amount not to exceed five thousand eight hundred dollars for every thirty days that the owner is in violation, which amounts the commission, beginning in 2026, shall, by rule, annually adjust in accordance with subsection (1)(i)(I)(A) of this section.
      2. (II) The division shall not assess a civil penalty for a violation related to a public building.
      3. (II.5) Notwithstanding rules that the commission adopted before July 1, 2025, a civil penalty for a violation of section 25-7-142 or rules adopted by the commission to implement section 25-7-142 shall be determined in a manner consistent with this subsection (1)(i) and subsection (2) of this section.
      4. (III) Notwithstanding section 25-7-129, civil penalties collected pursuant to this subsection (1)(i), as paid by owners of covered buildings for a violation of section 25-7-142 or rules adopted by the commission to implement section 25-7-142, shall be credited to the climate change mitigation and adaptation fund created in section 24-38.5-102.6.

   10. (j)

       1. (I) A person who violates section 25-7-144 is subject to a civil penalty in the following amount:

          1. (A) For each motor vehicle for which the violation was committed, a person who owns or operates ten or more motor vehicles as part of the person's business or commercial activities is subject to a penalty of up to one thousand dollars for a first violation, up to seven thousand five hundred dollars for a second violation, and up to fifteen thousand dollars for a third or subsequent violation; or
          2. (B) For each motor vehicle for which the violation was committed, a person who owns or operates nine or fewer motor vehicles is subject to a penalty of up to two hundred dollars for the first violation, up to five hundred dollars for the second violation, and up to one thousand two hundred dollars for a third or subsequent violation.
       2. (II) Notwithstanding subsection (1)(j)(I)(B) of this section, a person who violates section 25-7-144 by tampering with, or assisting another person in tampering with, an emission control system for profit is subject to a penalty under subsection (1)(j)(I)(A) of this section regardless of the number of motor vehicles owned or operated.

       3. (III) Notwithstanding section 25-7-129, the division shall transmit civil penalties collected pursuant to this subsection (1)(j) to the state treasurer, who shall credit the money:

          1. (A) On or before June 30, 2025, to the catalytic converter identification and theft prevention grant program cash fund created in section 24-33.5-230 (5.5). The Colorado state patrol shall use the money credited to the fund to implement the catalytic converter identification and theft prevention grant program created in section 24-33.5-230 (1).
          2. (B) On or after July 1, 2025, to the AIR account in the highway users tax fund, which account is created in section 42-3-304 (18)(a).

2. (2)

   1. (a) In determining the amount of any civil penalty, the division shall consider the following factors:

      1. (I) The violator's compliance history, including the compliance history of the violator's corporate affiliates, subsidiaries, and parent organizations;
      2. (II) Lack of good faith efforts on behalf of the violator to comply;
      3. (III) Whether the violator previously committed the same or a similar violation, regardless of whether the division or commission commenced an enforcement action pursuant to section 25-7-115 for any such violation;
      4. (IV) Duration of the violation;
      5. (V) Economic benefit of noncompliance to the violator;
      6. (VI) Impact on, or threat to, the public health or welfare or the environment as a result of the violation;
      7. (VII) Malfeasance;
      8. (VIII) Whether legal and factual theories were advanced for purposes of delay;
      9. (IX) The severity of the violation or noncompliance; and
      10. (X) Whether the violation occurred within or impacted a disproportionately impacted community.

   2. (b) In addition to the factors set forth in subsection (2)(a) of this section, the division shall consider the following circumstances as grounds for reducing or eliminating civil penalties:

      1. (I) The voluntary and complete disclosure by the violator of such violation in a timely fashion after discovery of the noncompliance;
      2. (II) Full and prompt cooperation by the violator following disclosure of the violation including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts;
      3. (III) The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program;
      4. (IV) Substantial economic impact of a penalty on the violator; and
      5. (V) Repealed.
      6. (VI) Other mitigating factors.
   3. (c) The imposition of civil penalties may be deferred or suspended where appropriate based on consideration of the factors set forth in this subsection (2).
3. (3) Repealed.

Source: L. 79: Entire article R&RE, p. 1044, § 1, effective June 20. L. 84: (1)(a) and (1)(b) amended, p. 775, § 13, effective July 1. L. 92: Entire section amended, p. 1220, § 23, effective July 1. L. 94: (1)(b) amended, p. 1640, § 61, effective May 31; (1)(b) amended, p. 2561, § 67, effective January 1, 1995. L. 2000: (1)(e) added, p. 763, § 2, effective September 1. L. 2003: (1)(b) amended, p. 724, § 4, effective July 1; (1)(b) amended, p. 1026, § 7, effective August 6. L. 2020: IP(1) amended and (1)(f), (1)(g), and (1)(h) added, (SB 20-218), ch. 141, p. 617, § 4, effective June 29; IP(1), (1)(b), and (1)(d) amended, (HB 20-1143), ch. 219, p. 1081, § 1, effective July 2; IP(1) and (1)(b) amended, (HB 20-1167), ch. 56, p. 193, § 6, effective September 14. L. 2021: (1)(i) added, (HB 21-1286), ch. 326, p. 2085, § 4, effective September 7. L. 2022: (1)(j) added, (SB 22-179), ch. 485, p. 3522, § 3, August 10. L. 2023: IP(2)(a), (2)(a)(VII), and (2)(a)(VIII) amended and (2)(a)(IX) added, (HB 23-1294), ch. 401, p. 2407, § 4, effective June 6. L. 2024: IP(1)(b), (1)(c), (2)(a)(I), (2)(a)(II), (2)(a)(III), (2)(a)(VIII), (2)(a)(IX), IP(2)(b), and (2)(b)(IV) amended, (2)(a)(X) added, and (2)(b)(V) and (3) repealed, (SB 24-229), ch. 183, p. 990, § 6, effective May 16. L. 2025: (1)(i) amended, (HB 25-1269), ch. 216, p. 991, § 5, effective May 20.

Editor's note: (1) Amendments to subsection (1)(b) by Senate Bill 94-001 and Senate Bill 94-206 were harmonized.

(2) Amendments to subsection (1)(b) by Senate Bill 03-066 and House Bill 03-1053 were harmonized.

(3) (a) Amendments to subsection IP(1) by SB 20-218, HB 20-1143, and HB 20-1167 were harmonized.

(b) Amendments to subsection (1)(b) by HB 20-1143 and HB 20-1167 were harmonized.

(4) Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.

Cross references: For the legislative declaration in HB 23-1294, see section 1 of chapter 401, Session Laws of Colorado 2023. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.