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GENERAL33643
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Last modified
8/24/2016 7:55:30 PM
Creation date
11/23/2007 7:41:57 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
5/18/1993
Doc Name
MEMO DECISION & ORDER RELATED TO DESTORS OBJECTION DATED 10/02/92 TO CLAIM OF MLB DEBOTS MOTION DATE
Media Type
D
Archive
No
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formulated on a case-by-case basis, the court identified Eve factors for consideration: 1) the <br />imminence of danger to the public health and safety, 2) the extent of probable ha.:.., 3) the <br />amount and type of hazardous waste, 4) the cost to bring the property into compliance with <br />environmental laws, and 5) the amount and type of funds available for cleanup. Id at 272. <br />Colorado asserts that CF&I's abandonment of the Quarry falls within the <br />Midlantic exception because abandonment would violate the provisions of the Colorado <br />Mined Land Reclamation Act, C.R.S. § 34-32-101 et. seq., (Act) that requires mine <br />operators to reclaim mined property." Since a purpose of the Act is to protect public <br />health and safety, Colorado argues that it follows that abandonment of the Quarry would <br />endanger public health and safety. The express language of the Act" supports Colorado's <br />claim that one of the purposes of the Act is to protect the public health and safety: the <br />subject of the Midlantic exception. The bankruptry court gives substantial deference to the <br />expressed intent of a state legislature in implementing a statute. See In Re Smith-Douglass, <br />Inc., 856 F.2d. 12, 16 (4th Ctr. 1988)(the Bankruptry Court does not have the power to <br />substitute its judgment for that of the state as to what constitutes a serious public health or <br />safety risk). While the explicit legislative declaration contained in the language of the Act <br />makes it clear that at least one purpose of the Act was to protect public health and safety, <br />Specificapy, Colorado asseru that abandonment would violate C.R.S. $3432-116(1) (1992 <br />Supp.). 'Every operator to whom a permit is issued pursuant to the provisions o[ this article shall perform <br />such reclamation as is prescribed by the reclamation plan adopted pursuant to this section.' <br />The legislative declaration to the Colorado Mined Land Reclamation Act stales: 'It is the <br />further intent o[ the general assembly by the enactment of this article to conserve natural resources, ..., and <br />to protect and promote the health, safety, and general welfare of the people of this state.' C.R.S. $3432-102 <br />(1992 Supp.). <br /> <br />
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