reglab/housing_qa huggingface dataset:
CO Code § 34-32-107 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-107. Powers of Board

  The board may initiate and encourage studies and programs through the department and in other agencies and institutions of state government relating to the development of less destructive methods of mining operations, better methods of land reclamation, more effective reclaimed land use, and coordination of the provisions of this article with the programs of other state agencies dealing with environmental, recreational, rehabilitation, and related concerns.    The board may delegate authority to the office as necessary to efficiently carry out and administer the provisions of this article and article 32.5 of this title. Any person aggrieved by any final action of the office may file an appeal of such action with the board. Such appeals shall be conducted in accordance with the provisions of article 4 of title 24, C.R.S.     History. Source: L. 76: Entire article R&RE, p. 728, § 1, effective July 1. L. 88: Entire section amended, p. 1202, § 5, effective July 1. L. 92: (2) amended, p. 1938, § 35, effective July 1. L. 95: (2) amended, p. 1188, § 3, effective July 1.    Editor's note:   This section is similar to former § 34-32-107 as it existed prior to 1976.   ANNOTATION   Law reviews. For article, “1974 Land Use Legislation in Colorado”, see 51 Den. L. J. 467 (1974).
CO Code § 34-32-108 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-108. Rules and Regulations

  The board may adopt and promulgate reasonable rules and regulations respecting the administration of this article and article 32.5 of this title and in conformity therewith.    All rules and regulations shall be subject to the provisions of section 24-4-103, C.R.S.     History. Source: L. 76: Entire article R&RE, p. 728, § 1, effective July 1. L. 77: (2) R&RE, p. 1556, § 1, effective July 1, 1978. L. 95: (1) amended, p. 1189, § 4, effective July 1.    Editor's note:   This section is similar to former § 34-32-108 as it existed prior to 1976.
CO Code § 34-32-114 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-114. Protests and Petitions for Hearing

 Any person has the right to file written objections to or statements in support of an application for a permit with the board. Such protests or petitions for a hearing shall be timely filed with the board not more than twenty days after the date of last publication of notice pursuant to section 34-32-112 (10) . For good cause shown in the protest or petition documents, the board, in its discretion, may hold a hearing pursuant to section 34-32-115 on the question of whether the permit should be granted. The applicant shall be notified within ten days of any objections to his application and be supplied with a copy of the written objections.   History. Source: L. 76: Entire article R&RE, p. 737, § 1, effective July 1.
CO Code § 34-32-116.5 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-116.5. Environmental Protection Plan - Designated Mining Operation - Rules

     An environmental protection plan shall be required for all designated mining operations.    All nondesignated mining operations are exempt from this section.       Once adopted, the provisions of an environmental protection plan shall be enforceable by the board and by the office to the same extent as any other permit provision or condition.      The board shall promulgate rules pursuant to section 34-32-109 (5) to require a holder of an existing permit for a designated mining operation to submit a proposed environmental protection plan for approval by the office or board.    The plan and fees due pursuant to this subsection (3) shall be due by the date established by the board by rule.         If an existing permit contains the necessary elements of an environmental protection plan, the office or board may deem the existing permit to be adequate to comply with the environmental protection plan.    For any environmental protection plan submitted for an existing operation, the office shall determine whether the proposed environmental protection plan shall be considered a technical revision or an amendment, as defined by rule, or that no modification to the existing permit is necessary.       The board shall promulgate rules governing the form, content, and requirements of an environmental protection plan for any designated mining operation. In promulgating such rules, the board shall consider the economic reasonableness, the technical feasibility, and the level or degree of environmental concerns, as applicable.    All applicants for new permits shall contact the division of parks and wildlife for appropriate wildlife protection recommendations which shall be reviewed as part of the application process. If protecting wildlife is determined to be necessary by the board, the office may incorporate such wildlife protection recommendations into the new permit as a condition for such permit.     History. Source: L. 93: Entire section added, p. 1183, § 9, effective July 1. L. 2007: (3)(b) amended, p. 2047, § 89, effective June 1.
CO Code § 34-32-119 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-119. Operators - Succession

 Where one operator succeeds another at any uncompleted operation, the board shall release the first operator from all liability as to that particular reclamation operation and shall release all applicable performance and financial warranties as to such operation if the successor operator assumes, as part of his obligation under this article, all liability for the reclamation of the affected land, and his obligation is covered by appropriate performance and financial warranties as to such affected land. Where one operator succeeds another, a fee as specified in section 34-32-127 (2) shall be paid to the board before the first operator is released from liability and before any financial warranties are released.   History. Source: L. 76: Entire article R&RE, p. 743, § 1, effective July 1. L. 81: Entire section amended, p. 1676, § 11, effective June 19. L. 91: Entire section amended, p. 1435, § 10, effective July 1.    Editor's note:   This section is similar to former § 34-32-114 as it existed prior to 1976.
CO Code § 34-32-120 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-120. Permit Refused Defaulting Operator

 No permit for new mining operations shall be granted to any operator who is currently found to be in violation of the provisions of this article with respect to any operation in this state.   History. Source: L. 76: Entire article R&RE, p. 744, § 1, effective July 1.    Editor's note:   This section is similar to former § 34-32-115 as it existed prior to 1976.
CO Code § 34-32-121 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-121. Entry Upon Lands for Inspection

 The board, the office, or their authorized representatives may enter upon the lands of the operator at all reasonable times for the purpose of inspection to determine whether the provisions of this article have been complied with.   History. Source: L. 76: Entire article R&RE, p. 744, § 1, effective July 1. L. 92: Entire section amended, p. 1943, § 42, effective July 1.    Editor's note:   This section is similar to former § 34-32-116 as it existed prior to 1976.
CO Code § 34-32-121.5 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-121.5. Reporting Certain Conditions

 Any person engaged in a mining operation shall notify the office of any failure or imminent failure as soon as reasonably practicable after such person has knowledge of such condition, but for in situ leach mining operations in no event more than twenty-four hours after the discovery of such failure or an imminent failure, of: Any impoundment, embankment, or slope that poses a reasonable potential for danger to any persons or property or to the environment; any structure for in situ leach mining operations designed to detect, prevent, minimize, or mitigate adverse impacts on groundwater; any structure used in connection with in situ leach mining designed to detect, prevent, minimize, or mitigate adverse impacts on human health, wildlife, or the environment; or any environmental protection facility designed to contain or control chemicals or waste that are acid- or toxic-forming, as identified in the permit.   History. Source: L. 93: Entire section added, p. 1193, § 12, effective July 1. L. 2008: Entire section amended, p. 941, § 8, effective May 20.
CO Code § 34-32-123 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-123. Operating Without a Permit - Penalty

  Whenever an operator or prospector fails to obtain a valid permit or file a notice of intent under the provisions of this article, the board or the office may issue an immediate cease-and-desist order. Concurrently with the issuance of such an order, the board or the office may seek a restraining order or injunction pursuant to section 34-32-124 (3).    Any operator who operates without a permit shall be subject to a civil penalty of not less than one thousand dollars per day nor more than five thousand dollars per day for each day the land has been affected. Such penalties shall be assessed for a period not to exceed sixty days. Operators who mine substantial acreage beyond their approved permit boundary may be found to be operating without a permit.    Any operator or prospector who operates without filing a notice of intent or a permit under section 34-32-110 shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day for each day the land has been affected. Such penalties shall be assessed for not less than one day and not more than sixty days. Operators operating under a permit approved pursuant to section 34-32-110 who affect more than two acres may be found to be operating without a permit.     History. Source: L. 76: Entire article R&RE, p. 744, § 1, effective July 1. L. 88: (2) amended and (3) added, p. 1214, § 13, effective July 1. L. 91: (1) amended, p. 1422, § 5, effective May 6. L. 92: (1) amended, p. 1943, § 44, effective July 1.    Editor's note:   This section is similar to former §§ 34-32-113 and 34-32-117 as they existed prior to 1976.   ANNOTATION   Law reviews. For article, “Liabilities of Nonoperating Mineral Interest Owners”, see 51 U. Colo. L. Rev. 153 (1980).
CO Code § 34-32-124.5 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-124.5. Emergencies Endangering Public Health or Environment - Definition

  Following an investigation, an emergency response is justified pursuant to section 34-32-122 (3) if the board or office determines that:   Any person is:   Engaging in any activity not sanctioned by, or that constitutes a material violation of, a permit for a mining operation if such activity constitutes an immediate, undue, and unwarranted risk of serious harm to persons or property or to the environment;    An operator with a permit who is failing or refusing to respond to a board order requiring corrective actions for any failure or imminent failure of:   Any impoundment, embankment, or slope identified in the permit;    Any environmental protection facility or measure identified in the permit that is designed for control or containment of chemicals or waste that are toxic, toxic-forming, or acid; or    Any other measure identified in the permit or as provided for in this article or any rule promulgated pursuant to this article that is intended to protect human health or property or the environment; or          Circumstances exist, regardless of whether caused by a person, at a legacy mine site that create a danger to public health or welfare or the environment. For purposes of this paragraph (b), “legacy mine site” means a site where hard rock mining operations have been abandoned as those terms are defined in section 34-34-101 (1)(b) and (4).        History. Source: L. 93: Entire section added, p. 1196, § 15, effective July 1. L. 2016: Entire section amended, (HB 16-1276), ch. 165, p. 526, § 2, effective May 17.
CO Code § 34-32-125 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32 - Colorado Mined Land Reclamation Act|§ 34-32-125. Conflict With “Colorado Surface Coal Mining Reclamation Act”

 Nothing in this article shall apply to any mining operation regarding reclamation of mined land which is regulated by the board or office pursuant to article 33 of this title.   History. Source: L. 79: Entire section added, p. 1306, § 8, effective July 1. L. 92: Entire section amended, p. 1944, § 46, effective July 1.
CO Code § 34-32.5-101 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-101. Short Title

 This article shall be known and may be cited as the “Colorado Land Reclamation Act for the Extraction of Construction Materials”.   History. Source: L. 95: Entire article added, p. 1155, § 1, effective July 1.    ANNOTATION   Law reviews. For article, “Build It and They Will Come for Gravel”, see 31 Colo. Law. 67 (March 2002). For article, “A Guide to Colorado Sand and Gravel Permitting”, 49 Colo. Law. 26 (May 2020).
CO Code § 34-32.5-102 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-102. Legislative Declaration

  The general assembly hereby declares that the extraction of construction materials for government and private enterprise and the reclamation of land affected by such extraction are necessary and proper activities that are compatible. It is the intent of the general assembly to foster and encourage the development of an economically sound and stable extraction materials industry and to encourage the orderly development of the state's natural resources while requiring those persons involved in extraction operations to reclaim land affected so that it may be put to a use beneficial to the people of this state. It is the further intent of the general assembly to conserve natural resources, aid in the protection of wildlife and aquatic resources, establish agricultural, recreational, residential, and industrial sites, and protect and promote the health, safety, and general welfare of the people of this state.    The general assembly further declares that a reclamation regulatory program shall be developed under which the economic costs of reclamation measures shall bear a reasonable relationship to the environmental benefits derived from such measures. When considering the requirements of reclamation measures, the mined land reclamation board or the office of mined land reclamation shall determine the economic reasonableness of the action by evaluating the benefits expected to result from the use of such measures. When considering economic reasonableness, the financial condition of an operator shall not be a factor.    The general assembly further finds and declares that:   It is the policy of this state to recognize that extraction operations are conducted by both government and private entities;    All residents of this state benefit from the reclamation of land;    The funding needed to ensure that reclamation is achieved should be borne equitably by the public and private sectors;    The funding for enforcement and other activities conducted for the benefit of the general public should be supported by the general fund; and    It is the policy of this state to allocate resources adequate to accomplish the purposes of this article.        History. Source: L. 95: Entire article added, p. 1155, § 1, effective July 1.
CO Code § 34-32.5-104 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-104. Administration

 In addition to the duties and powers prescribed by the provisions of article 4 of title 24, C.R.S., the office and the board have the full power and authority to carry out and administer the provisions of this article. The office is responsible for the enforcement of reclamation permits only and has no authority or duty to enforce other local, state, or federal agency permits unless otherwise authorized by law.   History. Source: L. 95: Entire article added, p. 1159, § 1, effective July 1.
CO Code § 34-32.5-105 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-105. Office of Mined Land Reclamation - Mined Land Reclamation Board

 The office and the board created in section 34-32-105 shall administer this article.   History. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.
CO Code § 34-32.5-106 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-106. Duties of Board

 In addition to the duties of the board set forth in section 34-32-106 (1) , the board shall cause to be published the minutes of its meetings and approve or deny reclamation permits. The board may delegate its responsibility to approve reclamation permits to the director except for regular permits under section 34-32.5-112 , where there is a written objection.   History. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.
CO Code § 34-32.5-107 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-107. Powers of Board

 The board has the powers set forth in section 34-32-107 .   History. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.
CO Code § 34-32.5-108 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-108. Rules

 The board may adopt and promulgate reasonable rules respecting the administration of this article.   History. Source: L. 95: Entire article added, p. 1160, § 1, effective July 1.
CO Code § 34-32.5-114 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-114. Protests - Petition for Hearing

 An aggrieved person has the right to file written objections to and any person has the right to file written statements in support of an application for a permit and to petition for a hearing. Such protests or petitions for a hearing shall be filed with the board or office not more than twenty days after the date of last publication of notice made pursuant to section 34-32.5-112 (9) . For good cause shown in such protest or petition documents, the board may, in its discretion, hold a hearing pursuant to section 34-32.5-115 to determine whether the permit should be granted. The applicant shall be notified within ten days after any objections are filed with respect to the application and shall be supplied with a copy of the written objections.   History. Source: L. 95: Entire article added, p. 1171, § 1, effective July 1.
CO Code § 34-32.5-119 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-119. Operators - Succession

 When one operator succeeds another at an uncompleted operation, the board shall release the first operator from all liability as to that operation and shall release all applicable performance and financial warranties as to such operation if the successor operator assumes all liability for the reclamation of the affected land and such obligation is covered by appropriate performance and financial warranties. The fee specified in section 34-32.5-125 (1)(a)(X) shall be paid to the board by the successor operator before the first operator is released from liability and before any financial warranties are released.   History. Source: L. 95: Entire article added, p. 1185, § 1, effective July 1. L. 96: Entire section amended, p. 180, § 7, effective April 18.
CO Code § 34-32.5-120 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-120. Permit Refused - Operator in Default

 The board shall not grant a permit for new mining operations to an operator who is found to be in violation of this article at the time of application.   History. Source: L. 95: Entire article added, p. 1185, § 1, effective July 1.
CO Code § 34-32.5-121 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-121. Entry Upon Lands for Inspection - Reporting Certain Conditions

  The board, the office, or their authorized representatives may enter upon the lands of an operator at any reasonable time for inspection purposes to determine if the requirements of this article have been or are being met.    Any person engaged in any mining operation shall notify the office of any failure or imminent failure, as soon as reasonably practicable after such person has knowledge of such condition or of any impoundment, embankment, or slope that poses a reasonable potential for danger to any persons or property.     History. Source: L. 95: Entire article added, p. 1185, § 1, effective July 1.
CO Code § 34-32.5-122 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials|§ 34-32.5-122. Fees, Civil Penalties, and Forfeitures - Deposit

  All fees and assessments collected pursuant to this article and five percent of the proceeds of any financial warranty forfeited pursuant to section 34-32.5-123 for administrative costs associated with reclaiming sites for which the financial warranty has been revoked shall be deposited in the mined land reclamation fund, created in section 34-32-127. All civil penalties collected pursuant to this article shall be deposited in the general fund. Ninety-five percent of the proceeds of all financial warranties forfeited under section 34-32.5-118 shall be deposited in a special account in the general fund established by the board for the purpose of reclaiming lands that were required to be reclaimed under permits upon which such financial warranties had been forfeited.    An applicant that desires to use the self-insurance provisions in section 34-32.5-117 (3)(f)(IV) to (3)(f)(VII) or (8) shall pay an annual fee to the office sufficient to defray the actual cost to the office of establishing and reviewing the financial warranty of such applicant. Such funds are hereby annually made available to the office, which shall utilize outside financial and legal services for this purpose.     History. Source: L. 95: Entire article added, p. 1185, § 1, effective July 1.