Watch previous coverage above: Officials monitoring sewage spill ahead of holiday weekend
(PUEBLO, Colo.) — The Colorado Department of Public Health and Environment (CDPHE) said that, though enforcement is not a priority while the agency responds to the sewage spill into the Arkansas River that started on Aug. 26, fines could be assessed against the City of Pueblo for the spill.
According to CDPHE, the agency's primary focus is ensuring downstream users and the public are protected from any impacts from the sewage release. The City of Pueblo is cooperating with CDPHE.
"Enforcement and penalties may be a consideration later, after initial emergency spill response activities have concluded," said CDPHE.
CDPHE said the agency had not previously taken enforcement action against the City of Pueblo. In the last five years, the City of Pueblo has only reported two instances of violations of its discharge permit. In 2024, a violation of the cyanide limit was reported, but it was determined to be a lab error.
In 2025, Pueblo reported a violation of whole effluent toxicity in the city's wastewater. Whole effluent toxicity is a water quality test that measures the overall harmfulness of wastewater by placing small aquatic fish and insects in it to see if they can safely survive, grow, and reproduce. Pueblo completed additional testing to address the 2025 violation, according to CDPHE.
CDPHE said the sewage release violated the Colorado Water Quality Control Act, but penalties are typically the last part of the enforcement process and are not a priority during the emergency spill response. If penalties and fines are assessed, they could be up to $66,895 per day, per violation.
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