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feral Resources 1 l8 <br />j l6. effectiveluly 1. 1988. <br />:s to utilize the self-insurance provisions <br />a) fV) to (3) (a) (VIII) shall pay an annual <br />ty the actual cost to the office of establishing <br />my of [he applicant. These funds are hereby <br />office which shall utilize outside financial <br />p. 1841. § ?, effective .august 2?; (1)(a) <br />33, pp. 1214, 1_ 15. ~ `y 12. l6, effective <br />1435. § I I, effective July I: (2) amended, <br />1. <br />a permit -penalty. (1) Whenever an oper- <br />I l9 Colorado Mined Land Reclamation Act 3432-127 <br />to bring suit for a temporary restraining order, a preliminary injunction, or <br />a permanent injunction to prevent any further or continued violation of such <br />order. Sui[s under this section shall be brought in the district court where <br />the alleged violation occurs. If the board or the office determines that the <br />situation is an emergency, the emergency shall be given precedence over all <br />other matters pending in such court. <br />(4) The boazd or [he office may require the alleged violator to appear <br />before the board no sooner than twenty days after the issuance of such cease <br />and desist order. except that an earlier date for hearing may be requested <br />by the alleged violator. <br />So~ce: (1), (3), and (4) amended. L. 91, p. 1422, §6, effective May 6; <br />(I ), (3), and (4) amended, L. 92, p. 1943, § 45. effective July 1. <br />n a valid permit or the a notice of intent 5 3432-125. Conflict with "Colorado Satiate Coal Mining Reclamation <br />;cle. [he board or the office may issue an .act". No[hing in this anicle shall apply to any mining operation regarding <br />::. C~,-.c;:-cagy with the issuance of sacs -eclamation of mined land which is regulated by the boazd or once pursuant <br />may seek a restraintng order or injunction ~ to article 33 of this title. <br />es without a permit shall be subject to a <br />thousand dollars per day nor more [han <br />aach day the land has been affected. Such <br />oeriod not to exceed sixty days. Operators <br />and their approved permi[ boundary may <br />~ permit. <br />tr who operates without tiling a notice of <br />11-:2-! 10 shall beaublect to a civil penalty <br />more than two hundred dollars per day <br />affected. Such penalties shall be assessed <br />more than sixty days. Operators operating <br />-tt to section 3432-110 who atTea more <br />operattng wi[hout a permi[. <br />dded, L. 88. p. 1'_ l4, § 13, effective July <br />§ ~. effective play 6: (l) amended. L. 9'_. <br />with the conditions of an order, permit, or <br />trd or the office has reason [o believe that <br />n order, permit, notice of intent. ar regula- <br />f thts article, written nonce shall be given <br />he alleged violation. Such notice shall be <br />mail, return receipt requested. upon the <br />olator's agent for service of process. The <br />leged co be violated and the facts alleged <br />'lay Include the na[ure of any corrective <br />ills [o comply with a cease and desist order <br />he office may request [he at[orney general <br />Source: Entire section amended, L. 92, p. 1944, § 46, effective July 1. <br />3432-126. Fees -rained land reclamation csh fund. (Repealed) <br />Repealed, effective July 1, 1988. <br />Source: Entire section added. L. 87, p, 1841, § 1, effective August 27; entire <br />section repealed. L. 88. p. 1215, § 16, effective July I. <br />3432-127. Mined land reclamation fund -created -fees -fee adjustmen[s. <br />([) (a) .ill moneys collected pursuant to this section shall be transmitted <br />to the stale treasurer, who shall credit [he same to the mined land recla- <br />mation fund, which fund is hereby created. The moneys in the mined land <br />reclamation fund shall consist of fees collected by the office pursuant to [his <br />article. All interest derived from the investment of moneys in the mined <br />land reclamation fund shall be credited to the fund. Any balance remaining <br />in the fund at [he end of any fiscal year shall remain in the fund and shall <br />be subject to appropriation by [he general assembly for the purposes for <br />which the fund was created. <br />(b) The general assembly shall make annual appropriations from the <br />mined land reclamation fund far the direct and indirect cosu of the office <br />incurred in the performance of its duties under this article. °ursuant tc <br />section 3432-102 (3), the mined land reclamation fund shall be used for, <br />and shall be limited to. the actual costs of processing petnnits and for con- <br />ducting annual reviews and inspections. <br />(2) (a) Fees shall be collected by the office according to the following <br />schedule: <br />(I) Applications pursuant [o: <br />(A) Section34-32-110(1) S 2~0 <br />(B) Sectton3432-110(2) 875 <br />