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Colorado Department of Law — Annual Report 2009 - page 24 / 41

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Colorado Department of Law — Annual Report 2009

Control Division and Air Quality Control Commission in preparing and adopting an interstate transport State Implementation Plan to address ozone and particulate emissions and their impacts on neighboring states.

  • Continued to assist the Colorado Department of Public Health and Environment’s Air Pollution Control Division and Air Quality Control Commission in preparing a Regional Haze State Implementation Plan revision to address visibility issues within Colorado’s national parks and wilderness areas.

  • Obtained a judgment for $72,000 against a lodge management company for violations of the State’s open burning requirements and asbestos regulations.

  • Brought suit and secured successful remediation of major asbestos spills in Pueblo residential neighborhoods caused by a building owner.

  • Assisted the Water Quality Control Division in formulating a new process and criteria for prioritizing the award of $65 million in stimulus funds to public entities within Colorado, for drinking water and wastewater infrastructure projects under the American Reinvestment and Recovery Act of 2009.

  • Settled litigation and obtained $680,000 in penalty assessments from three oil and gas operators on the Roan Plateau for stormwater violations resulting in pollution discharges to Parachute Creek.

  • Negotiated settlement of a $90,000 penalty for stormwater violations against a homebuilder in Eagle; negotiated a settlement of $107,000 in penalty assessment for stormwater violations against a contractor in Fort Lupton; and obtained a $32,000 penalty against a Montrose subdivision developer for violations of construction stormwater requirements.

  • Settled violations of the State’s drinking water regulations at a trailer park in El Paso County. The settlement will bring the facility into full compliance.

  • Obtained a $100,000 judgment against a facility that failed to conduct proper operation and monitoring of its drinking water system.

  • Successfully defended the Water Quality Control Division in the appeal of a discharge permit at the Lucky Jack Mine over financial assurance requirements. The terms of the permit were upheld by an administrative law judge.

  • Worked with the Colorado Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission to develop criteria to ensure safe oil and gas recovery near the Rulison nuclear blast site.

  • Negotiated compliance orders with two housed commercial swine feeding operators to bring the facilities into compliance with water quality and air quality permits.

  • Assisted in negotiating several compliance orders with an oil and gas exploration and production company for more than $500,000 in penalties and injunctive relief to bring its facilities back into compliance with air quality permitting requirements.

  • Negotiated a compliance order with an asphalt production company for a $72,000 penalty and injunctive relief to bring its facilities back into compliance with air quality standards.

  • Continued our involvement in 11th Circuit litigation in support of the Environmental Protection Agency’s rule exempting water transfers from Clean Water Act permitting requirements, in order to protect Colorado’s interests in interbasin water transfers.

  • Worked closely with the Colorado Department of Public Health and Environment to mitigate potential air and water quality impacts regarding commercial oil shale development on Western Slope public lands.

Hazardous and Solid Waste

In 2009, attorneys:

  • Commenced negotiation of a settlement to require better monitoring of waste chemical weapons stored by the Department of Defense at the Pueblo Chemical Depot. Continued a separate suit to force final treatment of the waste chemical munitions by 2017.

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