Colorado Code § 34-33-108

Rules and regulations - no more stringent
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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rule, or regulation shall become repealed and shall not be enforced when said federal law is
repealed or said federal rule or regulation is deleted or withdrawn.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issued under this article that is required by any rule of the board which is repealed in accordance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.

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