Governing Law and Regulations
Penalty immunity: Colorado Revised Statutes (CRS) 25-1-114.5 and CRS 25-1-114.6
Audit privilege: CRS 13-25-126.5
Definitions: CRS 13-25-126.5(2)
Exceptions: CRS 13-25-126.5(3)(a) to (e)
When privilege does not apply: CRS 13-25-126.5(4)
Burden of proof: CRS 13-25-126.5(7)
Testimony privilege: CRS 13-90-107
Colorado Department of Public Health and Environment (CDPHE) Office of Environment
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Colorado has passed legislation that protects persons or businesses from potential penalties that may result from the voluntary disclosure of violations of environmental rules. The law provides immunity from penalties if any violations found by a self-evaluation or audit of facilities or operations are promptly reported and corrected within a specified period.
• Administration and enforcement. CDPHE administers and enforces Colorado's audit privilege rules.
CRS 25-1-114.5 and CRS 25-1-114.6
Under certain conditions, persons or businesses that voluntarily disclose violations of state environmental rules will be immune from administrative and civil penalties, as well as criminal penalties for negligent acts.
For a disclosure to be considered voluntary, the following criteria must be met:
- The disclosure must be made promptly by the person or business after becoming aware of the violation.
- The violation must have been discovered during the audit. Evidence that the discovery was voluntary, and not part of a monitoring or disclosure requirement of a permit or regulation, ...