INSPEC32883

• Permit No: M1989029
• IBM Index Class Name: Inspection
• Doc Date: 5/7/2001
• Doc Name: COLO MINED LAND RECLAMATION ACT
• Media Type: D
• Archive: No

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Page 42
34-32-122
(c> Issue a written cease and desist order requiring any party to
immediately discontinue an activity; and
(d) Apply to the district court for the district in which the
activity is occurring for a temporary restraining order, temporary
injunction, or permanent injunction.
(5> Nothing in this section shall be construed to qualify the
authority of the executive director or to prevent the executive
director from taking action pursuant to subsection (3> of this section.
34-32-123. Operating without a permit - penalty. (1) Whenever an
operator or prospector fails to obtain a valid permit oc- 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 p
civil penalty of not less than one thousand
than five thousand dollars per day for each
affected. Such penalties shall be assessed
sixty days. Operators who mine substantial
approved permit boundary may be found to be
~rmit shall be subject to a
dollars per day nor more
day the land has been
for a period not to exceed
acreage beyond their
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 shiall 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 acre:. may be found to be
operating without a permit.
34-32-124. Failure to comply with the Conditions of an order, permit,
or regulation. (1) _Whenever the board or the office has reason to
believe that there has occurred a violation of .in order, permit, notice
of intent, or regulation issued under the authority of this article,
written notice shall be given to the operator or prospector of the
alleged violation. Such notice shall be served personally or by
certified mail, return receipt requested, upon the alleged violator or
the alleged violator's agent for service of pro~:ess. The notice shall
state the provision alleged to be violated and the facts alleged to
constitute the violation and may include the nature of any corrective
action proposed to be required.
l2) (a) If the board determines that there exists any violation of any
provisions of this article or of any notice, permit, or regulation
issued or promulgated under authority of this article, the board may