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State takes first step to hold Commerce City refinery accountable for pollution

Colorado's health department has issued a compliance advisory against Suncor — in what has become a familiar pattern.

COMMERCE CITY, Colo. — Colorado has taken the first step in a discipline process to hold Commerce City's Suncor oil refinery accountable for violations of state pollution rules, in a move that has become an annual exercise by the regulator.

The Colorado Department of Public Health and Environment called the June 1 "compliance advisory" the first step in its enforcement process to hold the company accountable. 

It details more than 100 alleged violations that occurred at the state's only oil refinery from July 2021 to June 2022. 

State regulators will meet with Suncor to discuss the issues and require fixes before determining if penalties should be levied against the company. 

A Suncor spokesperson said the company self-reported the violations and is working with CDPHE to resolve the compliance advisory.

"The enforcement process can create meaningful, positive changes and outcomes," a CDPHE spokesperson told 9NEWS. "For example, the division’s historic $9 million settlement announced in March 2020 resolved an enforcement action with Suncor."

The compliance actions have become an annual routine for the company, with records from the state indicating orders and advisories every year since 2013. 

"It hasn't proven to help," said Ean Thomas Tafoya, who directs the Colorado chapter of environmental justice group GreenLatinos. "They've had one of the largest [fines] in the state's history and yet they continue to have violations and more issues at this facility."

A new monthly report of pollution issues from Suncor showed an additional 14 violations from April 15 to May 15, including a spill of hazardous waste because of flooding following heavy rain last month. 

Suncor said there were no anticipated health risks associated with the release. 

"It is a dirty business. It is toxic to human health," Tafoya said. "Suncor has had a troubled past here, a troubled present. It just seems to continue."  

He said the community is fed up with the continued violations and feeling the effects of the pollution -- including nosebleeds, asthma and instances of rare cancers. 

"I think it’s always a good step for [the state] to hold them accountable with the tools with they have, but it’s long overdue to deny the permits and move on from this facility," Tafoya said. 

Shutting down the state's only refinery would have ripple effects. When Suncor went offline around the beginning of the year, Colorado gas prices increased at double the national average, according to a federal petroleum publication. 

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