Section 25-7-121 - Injunctions(1) In the event any person fails to comply with a final order of the division or the commission that is not subject to stay pending administrative or judicial review or in the event any person violates any emission control regulation of the commission, the requirements of the state implementation plan, or any provision of or commission rule adopted pursuant to parts 1 to 4 of this article 7, including any term or condition contained in any permit required under this article 7, the division or the commission, as the case may be, may request the district attorney for the district in which the alleged violation occurs or the attorney general to bring, and if so requested it is the district attorney's or the attorney general's duty to bring, a suit for an injunction to: (a) Prevent any further or continued violation;(b) Reduce the potential for a recurrence of a violation for which the division has previously commenced enforcement pursuant to section 25-7-115 (2)(c)(I); or(c) Obtain any permit required to construct or operate.Amended by 2024 Ch. 183,§ 4, eff. 5/16/2024, app. to enforcement actions commenced by the division of administration in the department of public health and environment and the energy and carbon management commission on or after 5/16/2024.Amended by 2016 Ch. 94, § 16, eff. 8/10/2016.L. 79: Entire article R&RE, p. 1044, § 1, effective June 20. L. 84: (1) and IP(2) amended, p. 775, § 12, effective July 1. L. 92: Entire section amended, p. 1220, § 22, effective July 1. L. 2016: (1) amended, (HB 16-1094), ch. 94, p. 268, § 16, effective August 10.Section 16(2) of chapter 183 (SB 24-229), Session Laws of Colorado 2024, provides that the act changing this section applies to enforcement actions commenced by the division of administration in the department of public health and environment and the energy and carbon management commission on or after May 16, 2024.
For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.