(1) Any person who recklessly, knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters or into any domestic wastewater treatment works commits criminal pollution if such discharge is made: (a) In violation of any permit issued under this article; or (b) In violation of any cease-and-desist order or clean-up order issued by the division which is final and not stayed by court order; or (c) Without a permit, if a permit is required by the provisions of this article for such discharge; or (d) Repealed. (e) In violation of any pretreatment regulations promulgated by the commission. (2) Prosecution under this section shall be commenced upon request by the division or a peace officer, who must present evidence based on reasonable suspicion to either the attorney general or a district attorney for the district in which an alleged violation occurs. No criminal violation will be charged without probable cause. (3) Any person who commits criminal pollution of state waters shall be penalized as follows: (a) For a violation committed with criminal negligence or recklessly, as both terms are defined in section 18-1-501, the violator commits a class 2 misdemeanor punishable by a maximum fine of twenty-five thousand dollars per day for each day the violation occurs. (b) For a violation committed knowingly or intentionally, as both terms are defined in section 18-1-501, the violator is guilty of a class 5 felony and, notwithstanding section 18-1.3- 401, upon conviction thereof, shall be punished by a maximum fine of fifty thousand dollars per day for each day the violation occurs, imprisonment of up to three years, or both. (c) If two separate offenses under this article occur in two separate occurrences during a period of two years, the maximum fine for the second offense shall be double the amounts specified in paragraph (a) or (b) of this subsection (3), whichever is applicable. (d) (Deleted by amendment, L. 2009, (SB 09-119), ch. 223, p. 1009, § 1, effective August 5, 2009.) (4) Any criminal penalty collected under this section shall be credited to the general fund. (5) No provision of this article shall be interpreted to supersede, limit, abrogate, or impair the ability to enforce: (a) Civil or criminal penalties pursuant to article 22 of title 29, C.R.S., if the pollutant discharged into state waters or domestic wastewater treatment works is a "hazardous substance" as defined in section 29-22-101, C.R.S.; or (b) Civil penalties pursuant to section 25-15-309 or criminal penalties pursuant to section 25-15-310 if the pollutant discharged into state waters or domestic wastewater treatment works is a "hazardous waste" as defined in section 25-15-101.
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