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9-16-71
Section 9-16-71 Declaration of public policy and legislative intent; all land surface mined
under this article shall be reclaimed. (a) The objective of this article is to provide for
the safe, responsible and reasonable reclamation of lands upon which surface disturbances
will be created by surface mining and the surface effects of underground mining so as to protect
the taxable value of property and preserve natural resources within the state and protect
and promote the health and safety of the people of this state, consistent with the protection
of property and with maximum employment and the economic and industrial well-being of the
state. The Legislature finds and declares that the extraction of coal by surface mining provides
a major present and future source of energy and is an essential and necessary activity which
contributes to the economic and material well-being of the state. (b) The Legislature finds
that the unregulated or irresponsible surface mining of coal may cause...
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9-16-92
Section 9-16-92 Inspections; authority to inspect records, equipment, premises; etc.; violations;
maintenance of records, etc., by permittee; authority to enter upon all lands of the state.
(a) For the purpose of developing or assisting in the development, administration, and enforcement
of this article or in the administration and enforcement of any permit under this article,
or of determining whether any person is in violation of any requirement of this article: (1)
The regulatory authority shall require any permittee to (i) establish and maintain appropriate
records, (ii) make monthly reports to the regulatory authority, (iii) install, use, and maintain
any necessary monitoring equipment or methods, (iv) evaluate results in accordance with such
methods, at such locations, intervals, and in such manner as the regulatory authority shall
prescribe, and (v) provide such other information relative to surface coal mining and reclamation
operations as the regulatory authority deems...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-92.htm - 5K - Match Info - Similar pages
9-16-91
Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-91.htm - 10K - Match Info - Similar pages
9-16-88
Section 9-16-88 Permits - Review and appeal of applications. (a) At the time of submission
of an application for a surface coal mining and reclamation permit, or revision of an existing
permit, pursuant to the provisions of this article, the applicant shall submit to the regulatory
authority a copy of his advertisement of the ownership, precise location, and boundaries of
the land to be affected. At the time of submission such advertisement shall be placed by the
applicant in a local newspaper of general circulation in the locality of the proposed surface
mine at least once a week for four consecutive weeks. The regulatory authority shall notify
various local governmental bodies, planning agencies, and sewage and water treatment authorities
or water companies in the locality in which the proposed surface mining will take place, notifying
them of the operator's intention to surface mine a particularly described tract of land and
indicating the application's permit number and where a...
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9-16-83
Section 9-16-83 Permits - Contents of application; reclamation plan; copy of application filed
for public inspection; insurance; blasting plan. (a) Each application for a surface coal mining
reclamation permit under this article shall be accompanied by a fee as determined by the regulatory
authority, but not to exceed the anticipated cost of reviewing, administering, and enforcing
the permit. In no event shall the permit fee be less than one thousand dollars ($1,000). The
regulatory authority shall develop procedures to enable the cost of the fee to be paid over
the life of the mine. The life of the mine means the term of the permit and the time required
to successfully complete all surface coal mining and reclamation activities and obtain a full
release of the performance bond for each bonded area. (b) The permit application shall be
submitted in a format prescribed by and satisfactory to the regulatory authority and shall
contain, among other things, all of the following: (1) The...
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9-16-82
Section 9-16-82 Permits - Required; term; successor in interest; termination; renewal; application.
(a) No person shall engage in surface coal mining operations at a particular location except
as a subcontractor of the permittee of that location until such person has been issued a permit
by the regulatory authority for that location in accordance with the provisions of this section.
The term of a permit shall not exceed five years and shall authorize the permittee to engage
in surface coal mining operations within the permitted area, unless sooner suspended or revoked
in accordance with the provisions of this article. However, if the applicant demonstrates
that a specified longer term is reasonably needed to allow the applicant to obtain the necessary
financing for equipment and the opening of the operation and that the application is full
and complete for such specified longer term, the regulatory authority may grant a permit for
such longer term. A successor in interest of a...
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9-16-122
Section 9-16-122 Abandoned Mine Reclamation Fund. (a) There is hereby created in the State
Treasury a special fund to be called the State Abandoned Mine Reclamation Fund which shall
receive all state and federal appropriations, grants and donations, and all other moneys available
for the purposes of this article, and such funds are hereby appropriated and made exclusively
available to be used as provided by this article and for the purposes herein stated. All fund
sources shall be separately accounted for. (b) Moneys in the fund may be used for the following
purposes: (1) Reclamation and restoration of land and water resources adversely affected by
past coal mining, including but not limited to reclamation and restoration of abandoned surface
mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing
and filling abandoned deep mine entries and voids, planting of land adversely affected by
past coal mining to prevent erosion and sedimentation;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-122.htm - 2K - Match Info - Similar pages
9-16-99
Section 9-16-99 Surface mining operations not subject to this article. The provisions of this
article shall not apply to any of the following activities: (1) The extraction of coal by
a landowner for his own noncommercial use from land owned or leased by him; (2) For surface
mining operations affecting two acres or less, the regulatory authority may waive certain
requirements of this article where those requirements will not affect the reclamation of the
affected lands; (3) The extraction of coal as an incidental part of federal, state or local
government-financed highway or other construction under regulations established by the regulatory
authority; (4) The extraction of coal incidental to the extraction of other minerals where
coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for
commercial use or sale pursuant to regulations established by the regulatory authority. (Acts
1981, No. 81-435, p. 682, §31; Acts 1983, No. 83-774, p. 1415, §4.)...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-126.htm - 2K - Match Info - Similar pages
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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