(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.
Source: 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.
Editor's note: This section is similar to former �� 34-32-113 and 34-32-117 as they existed prior to 1976.
34-32-124. Failure to comply with conditions of order, permit, or regulation. (1) Whenever the board or the office has reason to believe that there has occurred a violation of an 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 process. 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.
(2) (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 issue a cease-and-desist order. Such order shall set forth the provisions alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of must be terminated and may include the nature of any corrective action proposed to be required. Such order shall be served personally or by certified mail, return receipt requested, upon the alleged violator or the violator's agent for service of process.
(b) Any costs incurred by the board or office in carrying out corrective action pursuant to this section may be assessed against the violator. The board may also assess additional costs against the violator for any inordinate expenditure of board or office resources necessitated by the administration of such corrective action.
(3) In the event any operator fails to comply with a cease-and-desist order issued by the board, the board or the office may request the attorney general to bring suit for a temporary restraining order, a preliminary injunction, or a permanent injunction to prevent any further or continued violation of such order. Suits under this section shall be brought in the district court where the alleged violation occurs. If the board or the office determines that the situation is an emergency, the emergency shall be given precedence over all other matters pending in such court.
(4) The board or the office may require the alleged violator to appear before the board no sooner than twenty days after the issuance of such cease-and-desist order; except that an earlier date for hearing may be requested by the alleged violator.
(5) If a hearing is held pursuant to the provisions of this section, it shall be open to the public and conducted in accordance with the provisions of the State Administrative Procedure Act, article 4 of title 24, C.R.S. The board shall permit all parties to respond to the notice served, to present evidence and arguments on all issues, and to conduct cross-examination required for a full disclosure of the facts.
(6) (a) Upon a determination, after hearing, that a violation of a permit provision has occurred, the board may suspend, modify, or revoke the pertinent permit.
(b) If the board suspends or revokes the permit of an operator, the operator may continue mining operations only for the purpose of bringing the mining operation into satisfactory compliance with the provisions of the operator's permit. Once such operations are completed to the satisfaction of the board, the board shall reinstate the permit of the operator.
(7) Any person who violates any provision of any permit issued under this article shall be subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day during which such violation occurs; except that any operator who operates under a permit issued 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 during which such violation occurs.
Source: L. 76: Entire article R&RE, p. 744, � 1, effective July 1. L. 91: (1), (3), and (4) amended, p. 1422, � 6, effective May 6. L. 92: (1), (3), and (4) amended, p. 1943, � 45, effective July 1. L. 93: (2) amended, p. 1195, � 14, effective July 1.
34-32-124.5. Emergencies endangering public health or welfare or environment. (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 that create a danger to public health or welfare or the environment.
Source: 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. L. 2025: (1)(b) amended, (SB 25-054), ch. 200, p. 894, � 11, effective August 6; (1)(b) amended, (SB 25-300), ch. 428, p. 2454, � 50, effective August 6.
Editor's note: Amendments to subsection (1)(b) by SB 25-054 and SB 25-300 were harmonized.
Cross references: For the short title (Legacy Mining and Modernization Act) and the legislative declaration in SB 25-054, see sections 1 and 2 of chapter 200, Session Laws of Colorado 2025.