Colorado Asbestos Regulations

Created by FindLaw's team of legal writers and editors | Last reviewed December 07, 2018

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Colorado is famous for its majestic mountains, unspoiled wilderness, and crystal clear waters. It should be no surprise that the state takes the handling and disposal of hazardous waste materials very seriously.

We now know that asbestos is responsible for potentially lethal illnesses, particularly when particles of the substance become airborne. Before this became apparent asbestos saw wide use in construction on account of the mineral's qualities as an effective fire retardant and insulator.

Now that we are aware of the terrible cost of the material's use both state and federal governments have passed laws and regulations that regulate the use, handling, and disposal of asbestos. Colorado is no exception.

Colorado Asbestos Regulation Overview

The following chart provides an overview of the Colorado asbestos regulations to help ensure that you, your landlord, your neighbors, and others engage in asbestos abatement in a safe fashion.

Statutes Colorado Revised Statutes, Title 25, Article 7, Part 5, Section 25-7-501 et seq
Asbestos Removal Regulations

The Colorado Department of Public Health & Environment (CDPHE) lists the Colorado regulations covering asbestos and other forms of solid waste.

Asbestos is banned in most kinds of building materials, though it may remain in buildings constructed prior to the bans.

If the amount of asbestos in a pre-existing structure exceeds a set amount a certified asbestos abatement contractor must be hired to remove the material.

In addition, a written application to the CDPHE must be submitted, along with the payment of a fee, ten working days prior to the removal of the asbestos.

Asbestos materials must be disposed of at an approved asbestos waste disposal site, regardless of the quantity or the need for a notice and permit for removal.
Penalties

Violations of Colorado's asbestos regulations result in the issuance of a notice of violation and a cease-and-desist order.

If the recipient of such a notice fails to comply with its terms the CDPHE can file an action in district court to order compliance. Alternatively, the recipient of the notice can request a hearing before the commission to contest the order.

Upon finding certain violations the division can assess a penalty of up to $25,000 a day, depending on the seriousness of the violation, the danger to the public health, the willfulness of the offense, its duration, and the violator's record.

Penalties may be appealed before the commission.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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Learn How Colorado Asbestos Regulations Apply to Your Situation: Talk to a Lawyer

Asbestos-related illnesses may not reveal themselves for decades after the exposure. Whether you've been exposed to asbestos, or are responsible for the removal of asbestos, you'll want to know who could be liable for negligence and the local requirements for handling and disposing of this dangerous substance. Contact a local personal injury attorney to learn how Colorado's asbestos regulations apply to your situation.

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