(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Any rule or regulation promulgated by the board which is required by a federal law, rule, or regulation shall become repealed and shall not be enforced when said federal law is repealed or said federal rule or regulation is deleted or withdrawn. Any provision of a permit issued under this article that is required by any rule of the board which is repealed in accordance with this subsection (2) shall not be enforceable.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.
Source: L. 79: Entire article added, p. 1258, § 1, effective July 1. L. 81: Entire section amended, p. 1681, § 2, effective June 16; entire section amended, p. 1685, § 1, effective June 23. L. 92: Entire section amended, p. 1897, § 8, effective May 29. L. 95: (2) amended, p. 148, § 2, effective April 7.
Cross references: For the federal "Surface Mining Control and Reclamation Act of 1977", see 30 U.S.C. § 1201 et seq.