reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 24 - DUTIES AND RESPONSIBILITIES OF OPERATOR (§§ 34-24-101 — 34-24-112) › Section 34-24-107 - Danger signals - operator's duty

When operations are temporarily suspended in a mine, the operator shall see that danger signals are placed across the mine entrances, which signals shall be a warning for persons not to enter said mine. If the circulation of air through the mine is stopped, each entrance to said mine shall be closed off in such a manner as will ordinarily prevent persons from entering said mine, and a danger signal shall be displayed upon each entrance until such time as the ventilation is restored and the mine has been examined by a properly authorized representative. The mine foreman shall see that all danger signals used in said mine are in good condition.
L. 88: Entire article R&RE, p. 1197, § 5, effective July 1.
This section is similar to former § 34-26-102 as it existed prior to 1988.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 24 - DUTIES AND RESPONSIBILITIES OF OPERATOR (§§ 34-24-101 — 34-24-112) › Section 34-24-108 - Scales - weights certified

(1)
It is required that every corporation, company, or person engaged in the business of mining and selling by weight, and where workmen are paid on a tonnage basis, to produce and constantly keep on hand, at the proper place, the necessary scales and whatever else may be necessary to correctly weigh the coal or other minerals mined and taken out by the workmen or miners of such corporation, company, or person. It is the duty of the inspector of weights and measures of each county in which the coal or other minerals are mined and sold to visit each mine operated therein once each year, unless oftener requested by the operator or the miners, to test the correctness of the scale. If in any county there is no inspector of weights and measures, then the district inspector of the district in which the mine is located shall be required to test the correctness of such scales within a reasonable time after application is made by either the operator or the miners.
(2)
All weights necessary for testing and adjusting scales shall be duly certified and provided by the operator.
L. 88: Entire article R&RE, p. 1197, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 24 - DUTIES AND RESPONSIBILITIES OF OPERATOR (§§ 34-24-101 — 34-24-112) › Section 34-24-109 - Barrier pillar at property line

In all underground workings approaching property lines, a barrier pillar shall be left at least fifty feet on each side of the property line; but said barrier pillars may be removed upon mutual agreement of the operators in writing.
L. 88: Entire article R&RE, p. 1197, § 5, effective July 1.
This section is similar to former § 34-29-128 as it existed prior to 1988.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 24 - DUTIES AND RESPONSIBILITIES OF OPERATOR (§§ 34-24-101 — 34-24-112) › Section 34-24-110 - Abandoned mine to be covered - penalty

(1)
Every abandoned or inactive mine endangering the life of man or beast shall be securely covered or fenced. It is the duty of the operator of such mine, upon the abandonment or cessation of operations therein or thereon, to securely cover or fence the same and post a "No Trespassing" sign bearing the name and address of the owner or operator. Anyone failing to securely cover or fence such mine or any person removing such fence or covering without permission of the operator commits a civil infraction. Such fine when assessed and paid shall be distributed as follows: Seventy-five percent to the office of active and inactive mines to be used to cover or fence mines that are dangerous to man or beast and twenty-five percent to the general fund of the state.
(2)
In the case of any abandoned mine or any inactive mine where the owner or operator is unknown or cannot be found, the office of active and inactive mines has the right to erect a sign across or near the entrance of any such mine prohibiting the trespassing by any person, except as provided in section
34-24-112
, into the mine and warning any trespasser that any such trespasser will be prosecuted and subject to the penalty provided for in subsection (3) of this section.
(3)
It is unlawful for any person to trespass into any mine. Any person so trespassing commits a petty offense.
(4)
This provision shall not conflict with the requirements placed on those mines regulated by the mined land reclamation board or office of mined land reclamation pursuant to the provisions of articles
32
and
33
of this title.
Amended by 2021 Ch. 462, §606, eff. 3/1/2022.
L. 88: Entire article R&RE, p. 1197, § 5, effective July 1. L. 92: Entire section amended, p. 1936, § 29, effective July 1. L. 2021: (1) and (3) amended, (SB 21-271), ch. 3274, p. 3274, § 606, effective 3/1/2022.
(1) This section is similar to former § 34-47-121 as it existed prior to 1988.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 24 - DUTIES AND RESPONSIBILITIES OF OPERATOR (§§ 34-24-101 — 34-24-112) › Section 34-24-111 - Penalty for removing covering or fencing

Any person removing or destroying any covering or fencing placed around or over any mine as provided for in section
34-24-110
commits a petty offense.
Amended by 2021 Ch. 462, §607, eff. 3/1/2022.
L. 88: Entire article R&RE, p. 1198, § 5, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3274, p. 3274, § 607, effective 3/1/2022.
(1) This section is similar to former § 34-47-122 as it existed prior to 1988.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 24 - DUTIES AND RESPONSIBILITIES OF OPERATOR (§§ 34-24-101 — 34-24-112) › Section 34-24-112 - When visitors allowed underground

(1)
It is unlawful for any person to enter any active or inactive mine unless accompanied by, or with prior written permission from, the operator of said mine.
(2)
Persons desiring entry into abandoned mines, where the operator cannot be found, shall first secure written authorization from the office of the commissioner or the office of active and inactive mines.
(3)
Any person violating any provision of this section commits a petty offense.
(4)
Each violation of this section shall be a separate offense.
Amended by 2021 Ch. 462, §608, eff. 3/1/2022.
L. 88: Entire article R&RE, p. 1198, § 5, effective July 1. L. 92: (2) amended, p. 1937, § 30, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 3274, p. 3274, § 608, effective 3/1/2022.
(1) This section is similar to former § 34-47-125 as it existed prior to 1988.
(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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 25 - JURISDICTION OF THE COURTS (§ 34-25-101) › Section 34-25-101 - Jurisdiction of the courts

District courts in their respective districts have original jurisdiction upon information or indictment in all prosecutions for violations of this title.
Amended by 2023 Ch. 303,§ 81, eff. 8/7/2023.
Amended by 2022 Ch. 421, §75, eff. 8/10/2022.
L. 88: Entire article R&RE, p. 1198, § 6, effective July 1.
This section is similar to former §§ 34-40-119 and 34-47-130 as they existed prior to 1988.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 26 - [Repealed] COLORADO JOINT REVIEW PROCESS (§ 34-26-101) › Section 34-26-101 - to 34-26-122 - [Repealed]

L. 88: Entire article repealed, p. 1199, § 10, effective May 3.
This article was numbered as article 6 of chapter 92, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 27 - [Repealed] EXPLOSIVES - COAL MINES (§ 34-27-101) › Section 34-27-101 - to 34-27-108 - [Repealed]

L. 88: Entire article repealed, p. 1199, § 10, effective May 3.
This article was numbered as article 8 of chapter 92, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 28 - ELECTRICITY (§ 34-28-101) › Section 34-28-101 - to 34-28-111 - [Repealed]

L. 88: Entire article repealed, p. 1199, § 10, effective May 3.
This article was numbered as article 9 of chapter 92, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 29 - [Repealed] SAFETY REGULATIONS (§ 34-29-101) › Section 34-29-101 - to 34-29-136 - [Repealed]

L. 88: Entire article repealed, p. 1199, § 10, effective May 3.
This article was numbered as article 10 of chapter 92, C.R.S. 1963.
For present provisions relating to health and safety, see articles 20 to 25 and 31 of this title.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 30 - [Repealed] MAPS (§ 34-30-101) › Section 34-30-101 - to 34-30-108 - [Repealed]

L. 88: Entire article repealed, p. 1199, § 10, effective May 3.
This article was numbered as article 7 of chapter 92, C.R.S. 1963.
For present provisions relating to coal or other mine maps, see §34-24-102 .
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 31 - TUNNELS - RIGHTS-OF-WAY (§§ 34-31-101 — 34-31-103) › Section 34-31-102 - Accounting

Any owner exercising the rights and privileges granted in this article shall do so in such manner as not to interfere with the mining operations of the owner into or through whose property he seeks to go, and shall extract only such ore as is necessary in the reasonable exercise of the rights granted by this article, and all ore extracted shall be accounted for by the person exercising such rights to the owner of the property from which such ore is taken, at its gross value on the surface.
L. 27: p. 474, § 2. CSA: C. 110, § 191. CRS 53: § 92-12-2. C.R.S. 1963: § 92-12-2.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › HEALTH AND SAFETY (§§ 34-20-101 — 34-31-103) › Article 31 - TUNNELS - RIGHTS-OF-WAY (§§ 34-31-101 — 34-31-103) › Section 34-31-103 - Surveys

The owner of such land through which it is proposed to construct such tunnel shall have the right at any reasonable time and from time to time, upon application to the superintendent or other managing officer of such condemning owner, to enter his works with their surveyors and inspectors for the purpose of inspection and making a survey of any such works and shall have the right of ingress and egress through said works at all reasonable times.
L. 27: p. 484, § 3. CSA: C. 110, § 192. CRS 53: § 92-12-3. C.R.S. 1963: § 92-12-3.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-101 - Short title

This article shall be known and may be cited as the "Colorado Mined Land Reclamation Act".
L. 76: Entire article R&RE, p. 724, § 1, effective July 1.
This section is similar to former § 34-32-101 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-102 - Legislative declaration

(1)
It is declared to be the policy of this state that the extraction of minerals and the reclamation of land affected by such extraction are both necessary and proper activities. It is further declared to be the policy of this state that both such activities should be and are compatible. It is the intent of the general assembly by the enactment of this article to foster and encourage the development of an economically sound and stable mining and minerals industry and to encourage the orderly development of the state's natural resources, while requiring those persons involved in mining operations to reclaim land affected by such operations so that the affected land may be put to a use beneficial to the people of this state. It is the further intent of the general assembly by the enactment of this article to conserve natural resources, to aid in the protection of wildlife and aquatic resources, to establish agricultural, recreational, residential, and industrial sites, and to protect and promote the health, safety, and general welfare of the people of this state.
(2)
The general assembly further declares that it is the intent of this article to require the development of a mined land reclamation regulatory program in which the economic costs of reclamation measures utilized bear a reasonable relationship to the environmental benefits derived from such measures. The mined land reclamation board or the office, when considering the requirements of reclamation measures, shall evaluate the benefits expected to result from the use of such measures. It is also the intent of the general assembly that consideration be given to the economic reasonableness of the action of the mined land reclamation board or the office. In considering economic reasonableness, the financial condition of an operator shall not be a factor.
(3)
The general assembly further finds, determines, and declares that:
(a)
It is the policy of this state to recognize that mining operations are conducted by government and private entities;
(b)
All people of the state benefit from the reclamation of mined land;
(c)
The funding to ensure that reclamation is achieved should be borne equitably by both the public and private sectors;
(d)
The funding for enforcement and other activity that is conducted for the benefit of the general public should be supported by the general fund;
(e)
It is the policy of this state to allocate resources adequate to accomplish the purposes of this article.
L. 76: Entire article R&RE, p. 724, § 1, effective July 1. L. 88: Entire section R&RE, p. 1200, § 1, effective July 1. L. 91: Entire section amended, p. 1431, § 2, effective July 1. L. 92: (2) amended, p. 1937, § 31, effective July 1. L. 93: (3)(e) added, p. 1175, § 1, effective July 1.
This section is similar to former § 34-32-102 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-104 - Administration

In addition to the duties and powers prescribed by the provisions of article
4
of title
24
, C.R.S., the office has the full power and authority to carry out and administer the provisions of this article and article
32.5
of this title.
L. 76: Entire article R&RE, p. 727, § 1, effective July 1. L. 88: Entire section amended, p. 1201, § 3, effective July 1. L. 92: Entire section amended, p. 1938, § 33, effective July 1. L. 95: Entire section amended, p. 1188, § 2, effective July 1.
This section is similar to former § 34-32-104 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-106 - Duties of board

(1)
The board shall:
(a)
Meet at least once each month;
(b)
Carry on a continuing review of the problems of mining and land reclamation in the state of Colorado;
(c)
Develop and promulgate standards for land reclamation plans and substitution of affected lands as provided in section
34-32-116
;
(d)
Cause to be published its monthly agenda with a brief description of affected land and name of the applicant. These publications shall be in a newspaper of general circulation in the locality of the proposed mining operations listed in that month's agenda.
(e)
Perform such other duties as are required pursuant to article
33
of this title.
(2)
It is the duty of the department of agriculture, the department of higher education, the state conservation board, the Colorado geological survey, the division of parks and wildlife, the division of water resources, the university of Colorado, Colorado state university, Colorado school of mines, and the state forester to furnish the board and its designees, as far as practicable, whatever data and technical assistance the board may request and deem necessary for the performance of total reclamation and enforcement duties.
L. 76: Entire article R&RE, p. 728, § 1, effective July 1. L. 79: (1)(e) added, p. 1306, § 7, effective July 1. L. 80: (2) amended, p. 687, § 1, effective July 1. L. 2002: (2) amended, p. 515, § 6, effective July 1.
This section is similar to former § 34-32-106 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-107 - Powers of board

(1)
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.
(2)
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.
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.
This section is similar to former § 34-32-107 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-108 - Rules and regulations

(1)
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.
(2)
All rules and regulations shall be subject to the provisions of section
24-4-103
, C.R.S.
L. 76: Entire article R&RE, p. 728, § 1, effective July 1. L. 77: (2) R&RE, p. 1556, § 1, effective 7/1/1978. L. 95: (1) amended, p. 1189, § 4, effective July 1.
This section is similar to former § 34-32-108 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-111 - [Repealed]

L. 76: Entire article R&RE, p. 732, § 1, effective July 1. L. 81: (2)(d), (3)(h), (5), and (6) amended, p. 1669, § 5, effective June 19. L. 84: (2)(b) amended, p. 1122, § 31, effective June 7. L. 88: (3)(f) and (3)(i) amended, p. 1208, § 8, effective July 1. L. 91: (2)(c) amended, p. 1433, § 6, effective July 1; (7) amended, p. 1072, § 52, effective July 1. L. 93: (1) amended, p. 1752, § 1, effective June 6; (2)(d) and (6) amended, p. 1179, § 5, effective July 1. L. 96: Entire section repealed, p. 180, § 9, effective April 18.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 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.
L. 76: Entire article R&RE, p. 737, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-116.5 - Environmental protection plan - designated mining operation - rules

(1)
(a)
An environmental protection plan shall be required for all designated mining operations.
(b)
All nondesignated mining operations are exempt from this section.
(2)
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.
(3)
(a)
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.
(b)
The plan and fees due pursuant to this subsection (3) shall be due by the date established by the board by rule.
(4)
(a)
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.
(b)
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.
(5)
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.
(6)
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.
L. 93: Entire section added, p. 1183, § 9, effective July 1. L. 2007: (3)(b) amended, p. 2047, § 89, effective June 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 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.
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.
This section is similar to former § 34-32-114 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 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.
L. 76: Entire article R&RE, p. 744, § 1, effective July 1.
This section is similar to former § 34-32-115 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 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.
L. 76: Entire article R&RE, p. 744, § 1, effective July 1. L. 92: Entire section amended, p. 1943, § 42, effective July 1.
This section is similar to former § 34-32-116 as it existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 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.
L. 93: Entire section added, p. 1193, § 12, effective July 1. L. 2008: Entire section amended, p. 941, § 8, effective May 20.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-123 - Operating without a permit - penalty

(1)
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)
.
(2)
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.
(3)
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.
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.
This section is similar to former §§ 34-32-113 and 34-32-117 as they existed prior to 1976.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-124.5 - Emergencies endangering public health or environment - definition

(1)
Following an investigation, an emergency response is justified pursuant to section
34-32-122(3)
if the board or office determines that:
(a)
Any person is:
(I)
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;
(II)
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:
(A)
Any impoundment, embankment, or slope identified in the permit;
(B)
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
(C)
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
(b)
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)
.
Amended by 2016 Ch. 165,§ 2, eff. 5/17/2016.
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.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 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.
L. 79: Entire section added, p. 1306, § 8, effective July 1. L. 92: Entire section amended, p. 1944, § 46, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-126 - [Repealed]

L. 87: Entire section added, p. 1841, § 1, effective August 27. L. 88: Entire section repealed, p. 1215, § 16, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 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".
L. 95: Entire article added, p. 1155, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 34-32.5-102 - Legislative declaration

(1)
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.
(2)
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.
(3)
The general assembly further finds and declares that:
(a)
It is the policy of this state to recognize that extraction operations are conducted by both government and private entities;
(b)
All residents of this state benefit from the reclamation of land;
(c)
The funding needed to ensure that reclamation is achieved should be borne equitably by the public and private sectors;
(d)
The funding for enforcement and other activities conducted for the benefit of the general public should be supported by the general fund; and
(e)
It is the policy of this state to allocate resources adequate to accomplish the purposes of this article.
L. 95: Entire article added, p. 1155, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 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.
L. 95: Entire article added, p. 1159, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 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.
L. 95: Entire article added, p. 1160, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 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.
L. 95: Entire article added, p. 1160, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 34-32.5-107 - Powers of board

The board has the powers set forth in section
34-32-107
.
L. 95: Entire article added, p. 1160, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 34-32.5-108 - Rules

The board may adopt and promulgate reasonable rules respecting the administration of this article.
L. 95: Entire article added, p. 1160, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 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.
L. 95: Entire article added, p. 1171, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 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.
L. 95: Entire article added, p. 1185, § 1, effective July 1. L. 96: Entire section amended, p. 180, § 7, effective April 18.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 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.
L. 95: Entire article added, p. 1185, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 34-32.5-121 - Entry upon lands for inspection - reporting certain conditions

(1)
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.
(2)
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.
L. 95: Entire article added, p. 1185, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 34-32.5-122 - Fees, civil penalties, and forfeitures - deposit

(1)
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.
(2)
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.
L. 95: Entire article added, p. 1185, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32.5 - COLORADO LAND RECLAMATION ACT FOR THE EXTRACTION OF CONSTRUCTION MATERIALS (§§ 34-32.5-101 — 34-32.5-125) › Section 34-32.5-123 - Operating without a permit - penalty

(1)
If an operator or person conducting exploration fails to obtain a valid permit or file a notice of intent pursuant to 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
34-32.5-124
.
(2)
An 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, not to exceed three hundred sixty-five days. An operator who mines substantial acreage beyond the approved permit boundary may be found to be operating without a permit.
(3)
A person who conducts exploration without filing a notice of intent shall be subject to a civil penalty of not less than fifty dollars per day 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.
(4)
In addition to the civil penalties imposed in subsections (2) and (3) of this section, the board shall also assess a civil penalty in an amount not less than the amount necessary to cover costs incurred by the division in investigating the alleged violation.
L. 95: Entire article added, p. 1186, § 1, effective July 1.