Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-21 - REGULATION NO. 21 - PROCEDURAL RULES
Section 5 CCR 1002-21.11 - Hearings on Notice of Alleged Violations
Current through Register Vol. 47, No. 17, September 10, 2024
A. In any notice of violation ("NOV") given under section 602 of the Act, the Division shall require the alleged violator to answer each alleged violation and may require the alleged violator to appear before it for a public hearing to provide such answer. Such hearing shall be held no sooner than 15 days after service of the notice; except that the Division may set an earlier date for hearing if it is requested by the alleged violator. The answer filed in compliance with this section shall affirm or deny each allegation of the Division.
B. If the Division does not require an alleged violator to appear for a public hearing, the alleged violator shall provide the answer required by the previous subsection within 30 days after service of the notice, and the alleged violator may request the Division to conduct a hearing. Such request shall be in writing and shall be filed with the Division no later than 30 days after issuance of the NOV. If such request is filed, a hearing shall be held within a reasonable time. The filing of an answer does not itself constitute a hearing request.
C. If a hearing is held pursuant to the provisions of this section, it shall be public and, if the Division deems it practicable, shall be held in any county in which the violation is alleged to have occurred. The Division shall conduct any such hearing in accordance with section 105 of the APA and section 21.4 of this regulation.
D. All determinations by the Division concerning notices of alleged violations, except alleged violations of surface water discharge permits or portions thereof, operating without a permit, or for engaging in activities without a surface water discharge permit when such a permit is required, must be appealed to the Commission by any person adversely aggrieved or affected as a prerequisite to the right of judicial review pursuant to sections 24-4-105 and 106, C.R.S. The appeal shall be made in writing to the office of the Administrator of the Commission and must be postmarked no later than 30 days after the date the Water Quality Information Bulletin is published. Within 60 days of the filing of the appeal the Commission shall commence a hearing to consider such appeals in accordance with section 24-4-105, C.R.S. and section 21.4 of this regulation; provided, that, if the Division has previously held a hearing regarding the alleged violations under section 24-4-105, C.R.S., the Commission's review will be limited to record review of the Division's final determination.
