Colorado § 34-24-103 - Explosives and diesel permits - fees - active and inactive mines operation - fund.

§ 34-24-103. Explosives and diesel permits - fees - active and inactive mines operation - fund.

(1) To protect the public health and safety from the improper storage, transportation, and use of explosives at mine sites, the office of active and inactive mines is authorized to enter into agreements with the United States bureau of alcohol, tobacco, firearms, and explosives and other authorized federal agencies, consistent with their statutory authorities, to provide explosives inspection and other explosives assistance to such federal agencies regarding mine site explosives storage, transportation, and use.

(2) and (3) (Deleted by amendment, L. 2003, p. 2490, § 2, effective June 5, 2003.)

(4) No diesel-powered machinery or equipment shall be used in any underground mine until it has been approved by the United States mine safety and health administration and approved or permitted by the office of active and inactive mines. The office of active and inactive mines has the authority to conduct any investigations which may be necessary to grant or renew such permits.

(5) (a) The fee for the issuance of each diesel permit relating to mining operations shall be a fee specified in paragraph (b) of this subsection (5). Moneys received from such fees shall be credited to the office of active and inactive mines operation fund, which fund is hereby created. All moneys credited to said fund, and all interest earned on such moneys, are subject to appropriation by the general assembly for paying the expenses of the office of active and inactive mines, and said moneys shall remain in such fund for such purposes and shall not revert to the general fund.

(b) The fee specified in paragraph (a) of this subsection (5) shall be in accordance with the following table:

Employees

Permit Fee

1-5

$10.00

6-25

$30.00

26-50

$50.00

51-75

$70.00

76 or more

$90.00

(5.5) (Deleted by amendment, L. 2003, p. 2490, § 2, effective June 5, 2003.)

(6) If, following a hearing held in accordance with the provisions of article 4 of title 24, C.R.S., the head of the office of active and inactive mines finds that the applicant for a permit under this section or the holder of a permit issued under this section has committed any violation of this article relating to the use of diesel equipment in mining operations, the head of the office of active and inactive mines may refuse to issue, revoke, or suspend such permit.

(7) A permit issued pursuant to this section may be withheld or suspended if the permittee fails to pay any permit fees.

Source: L. 88: Entire article R&RE, p. 1195, § 5, effective July 1. L. 92: (1), (4), (5)(a), and (6) amended, p. 1936, § 28, effective July 1. L. 2000: (1) and (5)(a) amended and (5.5) added, p. 166, § 7, effective March 17. L. 2003: (1), (2), (3), (5.5), and (6) amended, p. 2490, § 2, effective June 5.

Editor's note: This section is similar to former §§ 34-27-101 and 34-47-131 as they existed prior to 1988.

Cross references: For the legislative declaration contained in the 2003 act amending subsections (1), (2), (3), (5.5), and (6), see section 1 of chapter 377, Session Laws of Colorado 2003.