Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0834.01 Jessica Herrera x4218
HOUSE BILL 24-1062
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING ADMINISTRATIVE INSPECTION WARRANTS FOR A101
METROPOLITAN SEWAGE DISPOSAL DISTRICT .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
To protect public health and the environment, a metropolitan
sewage disposal district (district) is required to ensure that wastewater
generated by local businesses is properly treated pursuant to the industrial
pretreatment program (program) approved by the environmental
protection agency. This requires district inspectors to inspect certain
HOUSE SPONSORSHIP
Evans and Titone,
SENATE SPONSORSHIP
Priola,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. properties to investigate actual, suspected, or potential violations of the
program. Under current law, the boundaries of a district may exist within
multiple municipal and county lines, which makes it challenging for the
district to obtain administrative inspection warrants when property
owners deny district inspectors entry to a property. The bill allows
authorized inspectors of a district to enter and inspect, in a reasonable
time and manner, any property for the purpose of investigating any
violations of the program. If an inspection is denied, the bill authorizes
a district to obtain a warrant from the district court or county court upon
a proper showing of the need for entry and inspection.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 32-4-510, add (1)(jj)2
as follows:3
32-4-510. Powers of the district. (1) Any district has the4
following powers:5
(jj) (I) F
OR AUTHORIZED INSPECTORS OF THE DISTRICT , UPON6
PRESENTATION OF PROPER CREDENTIALS , TO ENTER AND INSPECT AT ANY7
REASONABLE TIME AND IN A REAS ONABLE MANNER , ANY PROPERTY,8
PREMISES, OR PLACE FOR THE PURPOSE OF INVESTIGATING ANY ACTUAL ,9
SUSPECTED, OR POTENTIAL VIOLATIONS OF THE ENVIRONMENTAL10
PROTECTION AGENCY'S APPROVED INDUSTRIAL PRETREATMENT PROGRAM11
PURSUANT TO 40 CFR 403. THE INSPECTORS MAY OBTAIN SAMPLES OF12
WASTEWATER. THE DISTRICT MAY FURNISH A COPY OF THE RESULTS OF13
ANY ANALYSIS OF THE SAMPLE TO THE OWNER , OPERATOR, OR PERSON IN14
CHARGE OF THE PROPERTY, PREMISES, OR PLACE.15
(II) I
F THE OWNER, OPERATOR, OR PERSON IN CHARGE OF ANY16
PROPERTY, PREMISES, OR PLACE DENIES ENTRY OR INSPECTION , THE17
DISTRICT MAY OBTAIN FROM THE DISTRICT COURT OR COUNTY COURT FOR18
THE JUDICIAL DISTRICT OR COUNTY IN WHICH SUCH PROPERTY , PREMISES,19
OR PLACE IS LOCATED, A WARRANT TO ENTER AND INSPECT THE PROPERTY ,20
HB24-1062-2- PREMISES, OR PLACE. THE DISTRICT COURTS AND COUNTY COURTS OF THE1
STATE MAY ISSUE A WARRANT AS SPECIFIED IN THIS SUBSECTION (1)(jj)(II)2
UPON A DISTRICT'S PROPER SHOWING OF THE NEED FOR ENTRY AND3
INSPECTION.4
SECTION 2. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2024 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
HB24-1062
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