9-16-76
Section 9-16-76 Conflict of interest; penalty. No officer or employee of the commission performing
any function or duty under this article, shall have a direct or indirect financial interest
in underground or surface coal mining operations. Whoever knowingly violates the provisions
of this section shall, upon conviction, be punished by a fine of not more than $2,500.00,
or by imprisonment for not more than one year, or both, and shall relinquish his commission
seat. (Acts 1981, No. 81-435, p. 682, §7.)...
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9-16-106
Section 9-16-106 Provisions cumulative; certain laws not repealed. This article is cumulative
and is intended to preempt local, municipal, county and state regulation of surface coal mining
operations and to supplement existing state law and no part hereof shall be construed to repeal
or supersede an existing state law specifically enacted for the control, abatement or prevention
of water or air pollution. The Alabama Surface Mining Act of 1969 (Act 399, Regular Session
1969) now appearing as Sections 9-16-1 through 9-16-15, is not repealed as to the regulation
of the surface mining of clay, sand, gravel, ores, limestone, marble, dolomite, and other
minerals. The Little River Canyon Preservation Acts, Act 227, H. 49 and Act 524, H. 1225 of
the 1976 Regular Session (Acts of Alabama pages 243 and 669 respectively) are not repealed.
All other laws or parts of laws which are inconsistent with this article are hereby repealed.
(Acts 1981, No. 81-435, p. 682, §38.)...
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25-9-84
Section 25-9-84 Coursing of air. (a) Two available openings to the surface are required from
each seam or stratum of coal worked. In drift or slope mines, such openings provided after
August 12, 1949, must be separated by not less than 40 feet of natural strata, and all crosscuts
between them shall be closed with stoppings of fireproof material. In shaft mines, such openings
provided after August 12, 1949, must be separated by not less than 200 feet of natural strata.
The second opening may be made through an adjoining mine. Until these provisions are met,
not over five men in a drift, 10 men in a slope, and 20 men in a shaft shall work in the mine
at one time, and no additional development shall be permitted until the connection is made
to the second opening. In mines wherein final pillar robbing operations necessitate closing
the second opening, the above limitations as to the number of men permitted to work will apply
until the mine is worked out and abandoned. (b) Both openings...
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25-9-18
Section 25-9-18 Qualifications of mine foremen in underground mines. No person shall be employed
as mine foreman in any underground coal mine in this state unless he is in possession of a
certificate of competency as provided for in this chapter. (Acts 1949, No. 207, p. 242, §5;
Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)...
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25-9-320
Section 25-9-320 Distance of mine workings from boundary line of mine owner's coal rights.
In no case shall the workings of any coal mine be driven nearer than 15 feet to the boundary
line of the coal rights of the owner of said mine, except for the purpose of establishing
an underground communication between contiguous mines as provided for elsewhere in this chapter.
By mutual consent of adjacent property owners, this distance may be reduced or eliminated
entirely, and any operator working up to an abandoned coal mine may be permitted to work to
his property line, if approved by the department, but in such cases proper precautions must
be taken as provided in this chapter. (Acts 1949, No. 207, p. 242, §94.)...
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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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9-16-97
Section 9-16-97 Water rights. (a) Nothing in this article shall be construed as affecting in
any way the right of any person to enforce or protect, under applicable law, his interest
in water resources affected by a surface coal mining operation. (b) The operator of a surface
coal mine shall replace the water supply of an owner of interest in real property who obtains
all or part of his supply of water for domestic, agricultural, industrial, or other legitimate
use from an underground or surface source where such supply has been affected by contamination,
diminution, or interruption proximately resulting from such surface coal mine operation. (Acts
1981, No. 81-435, p. 682, §29.)...
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9-16-93
Section 9-16-93 Violations; inspection by authority; remedial actions; hearing; action by Attorney
General. (a) Whenever, on the basis of any information available to it, including receipt
of information from any person, the regulatory authority has reason to believe that any person
is in violation of any requirement of this article or any permit condition required by this
article, the regulatory authority shall immediately order an inspection of the surface coal
mining operation at which the alleged violation is occurring unless the same information is
available to the regulatory authority as a result of a previous inspection. When the inspection
results from information provided to the regulatory authority by any person, the regulatory
authority shall notify such person when the inspection is proposed to be carried out and such
person shall be allowed to accompany the inspector during the inspection. The regulatory authority
shall consult with all state and federal agencies charged...
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22-35-3
Section 22-35-3 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABOVEGROUND STORAGE TANK. Any one or combination of stationary tanks affixed permanently
to the ground or other support structure (including pipes connected thereto) used to contain
an accumulation of motor fuels, the volume of which (including pipes connected thereto) is
greater than 90 percent above the surface of the ground. The terms "Underground Storage
Tank" and "Aboveground Storage Tank" do not include any: a. Farm or residential
tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
b. Tank used for storing heating oil for consumptive use on the premises where stored; c.
Septic tank; d. Pipeline facility (including gathering lines) regulated under: 1. The Natural
Gas Pipeline Safety Act of 1968, 2. The Hazardous Liquid Pipeline Safety Act of 1979, and
3....
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8-17-242
Section 8-17-242 Rules and regulations; orders; employment of personnel and purchasing of equipment.
(a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend,
repeal, and enforce reasonably necessary rules and regulations governing the use of explosives
in the blasting of stone, rock, or any other natural formation, or in any construction, quarry
work, or demolition of man-made structures. The rules and regulations adopted shall not be
more stringent than those promulgated by federal law, rule, or regulation to control surface
coal mining operations. The rules and regulations may apply to the state as a whole or may
vary from area to area in order to take into account varying local conditions. (b) The authority
granted to the State Fire Marshal shall not extend to surface coal mining operations, which
shall continue to be regulated by the Alabama Surface Mining Commission, pursuant to the Alabama
Surface Mining Control and Reclamation Act [Chapter 16...
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