§ 42-20-113. Hazardous Materials Spill – Abandonment of Vehicle Containing Hazardous Material – Penalty – Definition

1. No person shall abandon any vehicle containing any hazardous material excluding that which is considered fuel and is contained within the vehicle’s fuel tank or shall intentionally spill hazardous materials upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in lawful charge of that private property.
2. 1. As used in this section, “abandon” means to leave a thing with the intention not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.
   2. It is prima facie evidence of the necessary intent that:
      1. The vehicle has been left for more than three days unattended and unmoved; or
      2. License plates or other identifying marks have been removed from the vehicle; or
      3. The vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or
      4. The owner has been notified by a law enforcement agency to remove the vehicle and it has not been removed within twenty-four hours after notification.
3. The driver of a motor vehicle transporting hazardous materials as cargo which is involved in a hazardous materials spill, whether intentional or unintentional, shall give immediate notice of the location of such spill and such other information as necessary to the nearest law enforcement agency.
4. [ Editor’s note: This version of subsection (4) is effective until March 1, 2022.] Any person who violates the provisions of subsection (3) of this section commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

   (4) [ Editor’s note: This version of subsection (4) is effective March 1, 2022. ] Any person who violates the provisions of subsection (3) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

Source: L. 94: Entire title amended with relocations, p. 2521, § 1, effective January 1, 1995. L. 2002: (4) amended, p. 1565, § 383, effective October 1. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3324, § 773, effective March 1, 2022.

Editor’s note:

1. This section is similar to former § 43-6-113 as it existed prior to 1994.
2. Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.