Colorado § 34-33-108 Rules and regulations - no more stringent

Colorado Statutes

§ 34-33-108 — Rules and regulations - no more stringent

Colorado § 34-33-108

Title 34Mineral

Art.Colorado Surface Coal

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Bluebook

Colo. Rev. Stat. § 34-33-108 (2026).

Text

(1)On July 1, 1979, the board shall commence development of reasonable rules and regulations respecting the administration and enforcement of this article and, in conformance therewith, shall promulgate such reasonable rules and regulations pursuant to the provisions of section 24-4-103, C.R.S. Rules and regulations promulgated pursuant to this article shall be no more stringent than required to be as effective as the federal Surface Mining Control and Reclamation Act of 1977, as amended and federal regulations thereunder, unless the board makes a specific finding that either protection of the public safety or the environment requires a more stringent regulation. Nothing in this subsection (1) shall supercede rules in effect prior to May 29, 1992.

(2)Any rule or regulation pro

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(1) On July 1, 1979,
the board shall commence development of reasonable rules and regulations
respecting the administration and enforcement of this article and, in conformance
therewith, shall promulgate such reasonable rules and regulations pursuant to the
provisions of section 24-4-103, C.R.S. Rules and regulations promulgated pursuant
to this article shall be no more stringent than required to be as effective as the
federal Surface Mining Control and Reclamation Act of 1977, as amended and
federal regulations thereunder, unless the board makes a specific finding that
either protection of the public safety or the environment requires a more stringent
regulation. Nothing in this subsection (1) shall supercede rules in effect prior to May
29, 1992.

(2) Any rule or regulation promulgated by the board which is required by a
federal law, rule, or regulation shall become repealed and shall not be enforced
when said federal law is repealed or said federal rule or regulation is deleted or
withdrawn. Any provision of a permit issued under this article that is required by any
rule of the board which is repealed in accordance with this subsection (2) shall not
be enforceable. The repeal of such rule or regulation shall become effective ninety
days after publication of the repeal in the federal register but, upon request, will be
subject to a rule-making hearing by the board as set forth in article 4 of title 24,
C.R.S.

Legislative History

Source: L. 79: Entire article added, p. 1258, � 1, effective July 1. L. 81: Entire section amended, p. 1681, � 2, effective June 16; entire section amended, p. 1685, � 1, effective June 23. L. 92: Entire section amended, p. 1897, � 8, effective May 29. L. 95: (2) amended, p. 148, � 2, effective April 7.