Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 528 - CEASE AND DESIST ORDERS

Universal Citation: 2 CO Code Regs 404-1 ยง 528

Current through Register Vol. 47, No. 17, September 10, 2024

a. The Commission or the Director may issue a Cease and Desist Order when an Operator's alleged violation of the Act or Commission Rule, order, or permit, or failure to take required corrective action or other authorized activity that creates an Emergency Situation. If the Cease and Desist Order is entered by the Director, it will be reported to the Commission not later than the next regularly scheduled Commission hearing, unless the matter is heard pursuant to the expedited procedure under § 34-60-121(5)(b), C.R.S.

b. The Cease and Desist Order will be served pursuant to Rule 522.e within 7 days after it is issued.

c. The Cease and Desist Order will state the provisions of the Act or Commission's Rules, orders, or permits alleged to have been violated, and will contain a short and plain statement of the facts alleged to constitute the violation, the time by which the acts or practices cited are required to cease, and any corrective action the Commission or the Director elects to require of the Operator.

d. An objection by an Operator to a Cease and Desist Order will be heard by the Commission pursuant to § 34-60-121(5)(b), C.R.S. An Operator's objection to a Cease and Desist Order will not stay the order pending a Commission hearing on the matter, unless the Operator obtains an injunction enjoining enforcement of the Cease and Desist Order.

e. After the issuance of a Cease and Desist Order, the Director may require amendment to or suspension of a permit associated with the Cease and Desist Order if necessary to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources. No amendment or suspension of a permit may occur without notice and hearing before the Commission.

f. If an Operator fails to comply with a Cease and Desist Order, the Commission may request the attorney general to bring suit pursuant to § 34-60-109, C.R.S.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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