8 Colo. Code Regs. § 1206-4, pt. 5

Current through Register Vol. 47, No. 22, November 25, 2024

Part 5 - Enforcement of Agreements (Ground Water Management Districts)

5.1. The Department may enter into an agreement with any ground water management district which can demonstrate the availability of properly trained and equipped staff to carry out the provisions of the statute and Rules promulgated thereunder.

5.2. As used in Part 5.1, "properly trained staff" refers to employees who have substantially similar training and skills as the chemigation inspectors employed by the Department, including:

5.2.1. Knowledge of pesticide and fertilizer toxicities and hazards;

5.2.2. Ability to investigate, collect and preserve evidence for use in administrative or court proceedings;

5.2.3. Knowledge of the state chemigation laws and Rules;

5.2.4. Knowledge of irrigation systems and how chemigation is implemented;

5.2.5. Ability to establish and maintain effective working relationships with growers being regulated;

5.2.6. Ability to express oneself clearly and concisely, both orally, and in writing;

5.2.7. Skill in making thorough inspections of chemigation equipment and making judgments concerning corrective actions.

5.3. As used in Part 5.1, "properly equipped staff" means that the district's chemigation enforcement staff are furnished with operational and protective equipment which is substantially similar to such equipment which the Department furnishes for the use of its chemigation inspectors in the performance of their duties.

5.4. In the event a district desires to withdraw from an agreement, the district shall provide the Department one year's notice of said intent. In the event a district desires to renew an agreement, it shall notify the Department of such intent not less than one year prior to the expiration date of the agreement.

5.5. Each district having a current enforcement agreement in effect shall submit an annual report to the Department on or before June 1 of each year, which shall include the following information for the previous year:

5.5.1. The number of chemigation system inspections made by the district at each injection site identified and whether the inspections were initial inspections, for equipment replacement or repair, or routine monitoring;

5.5.2. The number of violation notices issued and actions taken.

5.6. The district shall maintain a complete file of all records, communications, and other written materials which will pertain to the operation of programs or the delivery of services under the Agreement, and shall maintain such records for a period of three (3) years, or for such further period as the Department may request. The District shall permit the Department or other authorized governmental agency to audit and/or inspect its records during the term of the Agreement and for a period of two (2) years following the termination of the Agreement.

8 CCR 1206-4, pt. 5

41 CR 23, December 10, 2018, effective 12/30/2018