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40-13-1
Section 40-13-1 Definitions. For the purposes of this article, the following terms shall have
the respective meanings ascribed to them by this section: (1) BONDS. Any revenue bonds or
notes that may at any time be issued by the Alabama State Docks Department pursuant to authorization
in Act No. 64, p. 115, of the Alabama Legislature of 1971 (First Special Session), as same
may be amended from time to time, for the purpose of constructing any seaport facility. (2)
COMMISSIONER. The Commissioner of Revenue of the Department of Revenue of the State of Alabama.
(3) PERSON. Any individual, firm, partnership, corporation, association, or any combination
thereof. (4) PRODUCER. Any person engaging in the business of severing coal from the soil
within this state. (5) PURCHASER. Any person acquiring title, outright or conditionally, to
any interest in severed coal. (6) SEVER. Cutting, mining, stripping, or otherwise taking or
removing from the soil within Alabama. (7) SEAPORT FACILITY. Any...
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40-21-80
Section 40-21-80 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) DEPARTMENT. The Department of Revenue
of the State of Alabama. (2) DOMESTIC WATER. All water except water that is sold to persons
for use or consumption in industrial processes and not primarily for human consumption. (3)
GROSS RECEIPTS. The value proceeding or accruing from the furnishing of utility services,
all receipts actual and accrued, without any deduction on account of the cost of the utility
services sold, the cost of the materials used, labor or service cost, interest paid, or any
other expenses whatever, and without any deductions on account of losses. (4) GROSS SALES.
The value proceeding or accruing from the furnishing of utility services, and including the
proceeds from the sale of any utility services handled on consignment by the taxpayer, without
any deduction on account of the cost of the utility services sold, the...
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9-11-263
Section 9-11-263 Consent to acquisition of lands, etc., for establishment of migratory bird
reservations. Consent of the State of Alabama is given to the acquisition by the United States
by purchase, gift, devise or lease of such areas of land or water or of land and water in
the State of Alabama as the United States may deem necessary for the establishment of migratory
bird reservations in accordance with the act of Congress approved February 18, 1929, entitled
"An Act to more effectively meet the obligations of the United States under the Migratory
Bird Treaty with Great Britain by lessening the dangers threatening migratory game birds from
drainage and other causes by the acquisition of areas of land and of water to furnish in perpetuity
reservations for the adequate protection of such birds; and authorizing appropriations for
the establishment of such areas, their maintenance and improvement and for other purposes,"
reserving, however, to the State of Alabama full and complete...
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9-16-135
Section 9-16-135 Special Abandoned Mine Reclamation Trust Fund; deposit, administration and
disbursal of funds. There is hereby created in the State Treasury a Special Abandoned Mine
Reclamation Trust Fund to receive and retain up to 10 percent of the appropriated funds granted
annually by the Secretary of the U.S. Department of Interior for the reclamation of abandoned
mine lands in Alabama. All moneys so deposited by the Director of the Department of Labor
shall accrue interest, and together with all interest earned, shall be available for expenditure
by the Director of the Department of Labor after August 3, 1992, solely to accomplish the
purposes set forth in Section 9-16-122(b). All moneys in this fund shall be deposited, administered
and disbursed in the same manner and under the same conditions and requirements as provided
by law for other special trust funds in the State Treasury. Moneys in this special trust fund
shall be separately accounted for and continuously available to...
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9-16-14
Section 9-16-14 Applicability of provisions of article. The provisions of this article shall
not apply to surface mining activities of the State Department of Transportation or any city,
county or municipality incident to their activities in constructing, repairing and maintaining
the public road system in Alabama. The provisions of this section shall also extend to any
person, firm or corporation contracting with the State Department of Transportation or any
city, county or municipality to construct, repair and maintain public roads; provided, that
such contracts contain standards for the reclamation of all affected surface mining areas;
and provided further, that such standards have been approved by the department. (Acts 1969,
No. 399, p. 773, §15.)...
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9-16-77
Section 9-16-77 Division of Hearings and Appeals. (a) There is created a Division of Hearings
and Appeals within the Alabama Surface Mining Commission to enforce this article. The division
shall have such powers and authority as required by law and as delegated by the director.
(b) The commission may hire or contract with hearing officers to hear and determine appeals
from regulatory, enforcement, or other activities of the commission. A hearing officer shall
be a member of and in good standing with the Alabama State Bar. (c) No person shall serve
as a hearing officer who has any direct or indirect financial interest in an underground or
surface coal mining operation or who has been employed by or represented any coal mine operator
within the previous 24 months. (Acts 1981, No. 81-435, p. 682, §8; Act 2010-498, p. 768,
§1.)...
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9-8-21
Section 9-8-21 Legislative findings; declaration of policy. (a) It is hereby declared as a
matter of legislative determination: (1) That the farm, forest and grazing lands of the State
of Alabama are among the basic assets of the state and that the preservation of these lands
is necessary to protect and promote the health, safety and general welfare of its people;
(2) That improper land-use practices have caused and have contributed to, and are now causing
and contributing to, a progressively more serious erosion of the farm, forest and grazing
lands of this state by wind and water; (3) That the consequences of such soil erosion are
the silting and sedimentation of stream channels, reservoirs, dams, ditches and harbors, the
loss of fertile soil material, the reduction in productivity or outright ruin of rich bottom
lands by overwash of poor subsoil material, sand and gravel and the deterioration of soil
and its fertility; and (4) That to conserve soil resources and control and prevent...
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9-9-27
Section 9-9-27 Viewing and assessment of lands by board of viewers; report of findings. (a)
Within 30 days after qualifying, the board of viewers shall begin its duties, and it may at
any time call upon the attorney of the district for legal advice and information relative
to its duties. Said viewers shall proceed to view the premises and determine the value of
all land and other property within or without the district to be acquired and used for rights-of-way
or other works of drainage, leveeing, reclamation, flood prevention or for the conservation,
development, utilization and disposal of water as set out in the water management plan. They
shall assess the amount of benefits and the amount of damages, if any, that will accrue to
each tract of 40 acres or less, according to the legal or recognized subdivisions of land
according to ownership, to public highways, railroad and other rights-of-way, railroads, roadways
and other property from carrying out and putting into effect the plan...
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25-9-7
Section 25-9-7 Duties of mine inspectors generally; accompanying of inspectors on inspections
by representatives of miners; mine examination reports. The duties of mine inspectors are
to make examinations of mines to see that all the requirements of this chapter are strictly
observed and carried out. They shall examine the equipment, works, and machinery connected
with said mines; examine into the state of coal mines as to transportation, ventilation, circulation,
and conditions of air, electricity, explosives, timbering, drainage, practices, and general
security and perform such other duties as are required by the secretary. At the commencement
of any inspection of a coal mine as provided herein, the authorized representative of the
miners at the mine at the time of such inspection shall be given an opportunity to accompany
the mine inspectors on any such inspection. The mine inspectors shall make a record of all
examinations of coal mines, showing the date when made, the condition in...
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9-16-5
Section 9-16-5 Permit for engaging in surface mining operations - Application; issuance. (a)
Any operator desiring a permit shall file an application with the department upon a form furnished
by the department containing all of the following: (1) A brief description of the tract or
tracts of land and the estimated number of acres to be affected by the applicant's surface
mining thereon during the permit period. The description shall include the section, township,
range, and county in which the land is located and shall otherwise describe the land with
sufficient clarity so it may be located and distinguished from other lands. The description
shall also include a description of access to the area from the nearest public highway (2)
A statement by the applicant that the applicant has the right and power by legal estate owned
to mine by surface mining the land so described. The statement shall set forth by reference
the source of the applicant's right and power to so mine. (3) A statement...
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