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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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9-16-125
Section 9-16-125 Reclamation program. (a) The Department of Labor, State Programs Division,
shall establish and maintain a state reclamation program for abandoned mines which complies
with Title IV of Public Law 95-87. The state reclamation program plan shall generally identify
the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship
of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific
criteria for ranking and identifying projects to be funded, and the legal authority and programmatic
capability to perform such work in conformance with the provisions of the federal act. (b)
The director shall annually submit to the secretary, an application for the support of the
state program and implementation of specific reclamation projects. Such requests shall include,
but shall not be limited to: (1) A general description of each proposed project; (2) A priority
evaluation of each proposed project; (3) A statement of...
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9-16-89
Section 9-16-89 Performance bonds and bond releases. (a) After a surface coal mining and reclamation
permit application has been approved but before such a permit is issued, the applicant shall
file with the regulatory authority, on a form prescribed and furnished by the regulatory authority,
a bond for performance payable to the state and conditioned upon faithful performance of all
the requirements of this article and the permit. The bond shall cover all lands disturbed
by the surface coal mining operation and the amount of the initial bond shall be such to cover
that area of land within the permit area upon which the operator will initiate and conduct
surface coal mining and reclamation operations within the initial term of the permit. As succeeding
increments of surface coal mining and reclamation operations are to be initiated and conducted
within the permit area, the permittee shall file with the regulatory authority an additional
bond or bonds to cover such increments in...
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9-16-90
/occupiers in such areas prior to any blasting; b. Maintain for a period of at least three
years and make available for public inspection upon request a log detailing the location of
the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole,
and the order and length of delay in the blasts; c. Limit the type of explosives and detonating
equipment, the size, the timing and frequency of blasts based upon the physical conditions
of the site so as to prevent (i) injury to persons, (ii) damage to public and private
property outside the permit area, (iii) adverse impacts on any underground mine, and (iv)
change in the course, channel, or availability of ground or surface water outside the permit
area; d. Require that all blasting operations be conducted by trained and competent persons
as certified by the regulatory authority; e. Provide that upon the request of a resident or
owner of a man-made dwelling or structure within one-half mile of any portion of...
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9-16-1.1
Section 9-16-1.1 Legislative findings. (a) The Alabama Legislature has found and determined
the following: (1) A 1991 United States Department of the Interior audit report warned that
the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately
laying waste to mined land rather than restoring it. (2) The standards for coal mining reclamation
have improved dramatically over the last 25 years. (3) The citizens of Alabama are endangered
by unreclaimed highwalls, water impoundments, and open pits. (b) In view of these findings,
the Legislature deems it necessary to deny the issuance of surface mine permits to operators
who have demonstrated a pattern of willfully violating the mining law, and to improve environmental
controls by requiring that highwalls be backfilled after mining. (Act 99-579, p. 1307, §1.)...
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9-16-107
Section 9-16-107 Effective date. This article shall become effective immediately upon: (1)
Its passage and approval by the Governor, or upon its otherwise becoming a law; and (2) Upon
the approval of the state regulatory program by the Secretary of Interior pursuant to Section
503 of P. L. 95-87, 30 U.S.C. §1253 (1977). However upon the passage and approval by the
Governor of this article, or upon its otherwise becoming a law the Alabama Surface Mining
Commission shall have the authority to promulgate those regulations necessary for the state
to retain exclusive jurisdiction over the regulation of surface coal mining and reclamation
operations pursuant to Section 503 of Public Law 95-87, 30 U.S.C. §1253 et seq. Any proceedings
currently being taken or previously taken by the Alabama Surface Mining Reclamation Commission
for the purpose of promulgating the necessary regulations shall be continued and considered
actions of the reconstituted commission. (Acts 1981, No. 81-435, p. 682,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-107.htm - 1K - Match Info - Similar pages
9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers conferred
on it by law, the commission shall have the power to do all of the following: (1) Adopt, amend,
suspend, repeal, and enforce reasonably necessary rules and regulations, provided such rules
and regulations shall not be more stringent than those promulgated by federal law, or rule
or regulation, to control surface coal mining operations consistent with this article including
the declaration of public policy and legislative intent contained in Section 9-16-71. Such
rules and regulations may be for the state as a whole or may vary from area to area, as may
be appropriate to accomplish the policy and intent of this article and in order to take into
account varying local conditions. (2) Hold public hearings as may be specified by law relating
to any aspect or matter in the administration of this article and, in connection therewith,
administer oaths and compel the attendance of witnesses and the...
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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
9-16-82
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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9-16-81
Section 9-16-81 Licenses required; application; qualifications; fees. (a) All surface coal
mining operations shall be subject to this article, except as excluded in Section 9-16-99.
(b) No person shall engage in or carry out on lands within the state any surface coal mining
operations unless such person is a citizen of the United States or, if not a citizen of the
United States, a person who is legally present in the United States with appropriate documentation
from the federal government and has first obtained a license in accordance with this section.
The term of a license shall be continuous and shall authorize the licensee, subject to the
other provisions of this article, to engage in surface coal mining operations unless the license
shall be suspended or revoked in accordance with this article. Suspension, revocation, or
subcontracting shall in no way relieve the licensee of his or her obligation to comply with
the reclamation requirement of this article. (c) An applicant for a...
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