2 Colo. Code Regs. § 404-1-209
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-209 - TESTS AND SURVEYSa.Tests and Surveys. When deemed necessary and reasonable, the Commission authorizes the Director to require that tests or surveys be made to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources. If the Commission's Rules do not provide a timeline for conducting the test or survey, the Director will designate the time allowed to the Operator for compliance.b. If the Director requires an Operator to take action pursuant to Rules 209.a or 218.g, the Operator may appeal the Director's decision to the Commission pursuant to Rule 503.g.(10). The matter will not be assigned to an Administrative Law Judge pursuant to Rule 503.h. The Commission will hear the appeal at its next regularly scheduled meeting. Operators will continue to comply with any requirements identified by the Director pursuant to Rule 209.a until the Commission makes a decision on the appeal. The Commission may uphold the Director's decision if the Commission determines the Director had reasonable cause to determine that an Operator's actions impacted or threatened to impact public health, safety, welfare, the environment, and wildlife resources, and that the action required by the Director was necessary and reasonable to address those impacts or threatened impacts. If an Operator does not appeal the Director's decision pursuant to this Rule 209.b, the Director will report the decision at the next regularly scheduled Commission hearing.c.Bradenhead Test Areas.(1) The Commission may approve specific Fields or portions of Fields as Bradenhead Test Areas. A. The Director may propose specific Fields or portions of Fields as Bradenhead Test Areas by providing notice to all Operators on record within the area and by publication.B. The proposed designation, if no protests are timely filed, will be placed upon the Commission consent agenda for the next regular meeting of the Commission following the month in which such notice was given. The Commission will hear the proposed designation pursuant to Rule 519.C. If a protest is timely filed, the Commission will hear the proposed designation pursuant to the Commission's 500 Series Rules.(2) The Commission order will describe the Bradenhead testing or monitoring required and become effective upon approval by the Commission unless the Commission orders otherwise.37 CR 16, August 25, 2014, effective 9/30/201438 CR 01, January 10, 2015, effective 2/14/201538 CR 03, February 10, 2015, effective 3/2/201538 CR 07, April 10, 2015, effective 4/30/201538 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201641 CR 05, March 10, 2018, effective 4/1/201841 CR 06, March 25, 2018, effective 5/1/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 17, September 10, 2019, effective 9/30/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 17, September 10, 2020, effective 9/30/202043 CR 13, July 10, 2020, effective 11/2/202043 CR 24, December 25, 2020, effective 1/15/202145 CR 07, April 10, 2022, effective 4/30/202245 CR 09, May 10, 2022, effective 5/30/202245 CR 13, July 10, 2022, effective 7/30/2022