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11-99A-6
Section 11-99A-6 Powers of a district. Any district shall have the following powers,
in addition to those stated elsewhere in this chapter: (1) To have perpetual existence, subject
to termination as herein provided. (2) To have and use a corporate seal, but the use of a
corporate seal on any document shall not be required for the validity of a document or the
due execution and delivery thereof. (3) To sue and to be sued and to be a party to suits,
actions, and proceedings, but subject to the limitations on liability and the immunity granted
in this chapter. (4) To enter into contracts and agreements affecting the affairs of the district,
including contracts with the United States of America and any other public person. (5) To
borrow money and to incur indebtedness and to evidence the same by bonds, all without an election.
(6) To acquire and dispose of land, real property, personal property, and interests therein
of any nature. (7) To acquire, construct, install, and operate...
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9-16-126
Section 9-16-126 Right of entry. (a) If the director makes a finding in writing with
supporting facts that: (1) Land or water resources have been adversely affected by past coal
mining practices; and (2) The adverse effects are at a stage where, in the public interest,
action to restore, reclaim, abate, control, or prevent should be taken; and (3) The owners
of the land or water resources where entry must be made to restore, reclaim, abate, control,
or prevent the adverse effects of past coal mining practices are not known, or readily available;
or (4) The owners will not give permission for the state or its agents, employees, or contractors
to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects
of past coal mining practices. Then, upon giving notice by mail to the owners if known or
if not known by posting notice upon the premises and advertising once in a newspaper of general
circulation in the municipality in which the land lies, the...
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34-11-2
Section 34-11-2 Practice of engineering and land surveying regulated. (a) A person in
either public or private capacity may not practice or offer to practice engineering or land
surveying, unless he or she shall first have submitted evidence that he or she is qualified
so to practice and shall be licensed by the board as hereinafter provided or unless he or
she is specifically exempted from licensure under this chapter. (b) Except as otherwise provided
in this chapter, all engineering design of buildings, structures, products, machines, processes,
and systems that can affect health, life, safety, welfare, and property shall be conducted
under the responsible charge of a licensed professional engineer. (c) In order to safeguard
health, life, safety, welfare, and property, the practice of engineering in this state is
a learned profession to be practiced and regulated as such, and its practitioners in this
state shall be held accountable to the state and members of the public by high...
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9-14E-1
Section 9-14E-1 Definitions. The following terms as used in this section shall
have the following meanings: (1) DEPARTMENT. The Department of Conservation and Natural Resources.
(2) GOVERNOR. The Governor of the State of Alabama. (3) GROUND LEASE. A lease of the project
site which shall provide for the rights and responsibilities of the state and any other person
which is a party thereto. (4) GULF STATE PARK. The real property comprising approximately
6,150 acres, and any future additions thereto, including facilities and fixtures located thereon
and appurtenances thereto, owned and managed by the state and the department in south Baldwin
County, Alabama. (5) GULF STATE PARK PROJECT COMMITTEE. The committee established pursuant
to subsection (d) of Section 9-14E-5. (6) PARTY TO AN EXECUTED PROJECT AGREEMENT. The
state or any person who is a party to and is obligated to the state under a project agreement,
or any part thereof. (7) PERSON. Any private person or any public person. (8)...
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9-16-96
Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition;
review and public hearing; areas exempt from mining operations. (a)(1) The regulatory authority
shall establish a planning process enabling objective decisions based upon competent and scientifically
sound data and information as to which, if any, land areas of the state are unsuitable for
all or certain types of surface coal mining operations pursuant to the standards set forth
in subdivisions (2) and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the article of any area so designated. (2) Upon petition pursuant
to subsection (c) of this section, the regulatory authority shall designate an area
as unsuitable for all or certain types of surface coal mining operations if the regulatory
authority determines that reclamation pursuant to the requirements of this article is not
technologically and economically feasible. (3) Upon petition pursuant to...
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11-49B-7
Section 11-49B-7 Powers of authority. The authority shall exercise, subject to this
chapter, the following powers and duties necessary to the discharge of its powers and duties
in corporate form: (1) To have succession by its corporate name for the duration of time,
which may be perpetual, subject to the provisions of Section 11-49B-19 specified in
its certificate of incorporation. (2) To sue and be sued in its own name in civil suits and
actions and to defend suits against it. (3) To adopt and make use of a corporate seal and
to alter the seal at pleasure. (4) To adopt and alter bylaws for the regulation and conduct
of its affairs and business. (5) To acquire, receive, and take, by purchase, gift, lease,
devise, or otherwise, and to hold property of every description, real, personal, or mixed,
whether located in one or more counties or municipalities and whether located within or outside
the authorizing county. (6) To make, enter into, and execute contracts, agreements, leases,
and...
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11-99A-2
Section 11-99A-2 Definitions. In this chapter the following words shall have the following
meanings: (1) APPOINTING GOVERNMENT. The municipality or county that approves the creation
of a district and appoints members to the board. (2) BOARD. The board of directors of a district.
(3) CONTIGUOUS. Two tracts of land if touching for a continuous distance of not less than
200 feet. The term includes tracts of land divided by bodies of water, streets, railroad,
or utility rights-of-way, or by land owned by any public person. In determining whether land
is contiguous with a municipality, (i) land separated by bodies of water, streets, or railroad,
or utility rights-of-way is contiguous even though the bodies of water, streets, or rights-of-way
are within the city limits of another municipality and (ii) land separated by land owned by
a public person is not contiguous if the land owned by the public person is within the city
limits of another municipality. (4) COUNCIL. The governing body of a...
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37-15-2
Section 37-15-2 Definitions. As used in this chapter the following words have the following
meanings: (1) APPROXIMATE LOCATION OF UNDERGROUND FACILITIES. Information about an operator's
underground facilities which is provided to a person by an operator and must be accurate to
within 18 inches measured horizontally from the outside edge of each side of such operator's
facility, or a strip of land 18 inches either side of the operator's field mark or the marked
width of the facility plus 18 inches on each side of the marked width of the facility. (2)
AUTHORITY. The Underground Damage Prevention Authority created under Section 37-15-10.1.
(3) AUTHORITY BOARD. The Underground Damage Prevention Board created under Section
37-15-10.1. (4) BLASTING. The use of an explosive device for the excavation of earth, rock,
or other material or the demolition of a structure. (5) CONTRACT LOCATOR. Any person contracted
with an operator specifically to determine and mark the approximate location of the...
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11-32-7
Section 11-32-7 Powers of authority. (a) The authority shall exercise powers and duties
necessary to the discharge of its powers and duties in corporate form as follows: (1) Have
succession by its corporate name in perpetuity subject to Section 11-32-20. (2) Sue
and be sued in its own name in civil suits and actions and defend suits against it. (3) Adopt
and make use of a corporate seal and alter the same at its pleasure. (4) Adopt and alter bylaws
for the regulation and conduct of its affairs and business. (5) Acquire, receive, take, by
purchase, gift, lease, devise, or otherwise, and hold property of every description, real,
personal, or mixed, whether located in one or more counties or municipalities and whether
located within or outside the authorizing county. (6) Make, enter into, and execute contracts,
agreements, leases, and other instruments and take other actions as may be necessary or convenient
to accomplish any purpose for which the authority was organized, or exercise any...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued
pursuant to this article to conduct surface mining operations shall require that such surface
coal mining operations will meet all applicable performance standards of this article, and
such other requirements as the regulatory authority shall promulgate. (b) General performance
standards shall be applicable to all surface coal mining and reclamation operations and shall
require the operation as a minimum to: (1) Conduct surface coal mining operations so as to
maximize the utilization and conservation of the solid fuel resource being recovered so that
reaffecting the land in the future through surface coal mining can be minimized; (2) Restore
the land affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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