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9-16-127
Section 9-16-127 Acquisition and disposition of lands. (a) The director, with the approval
of the Secretary of Interior, may acquire title in the name of the state to any land or interest
therein by purchase, donation, or condemnation if such land or interest is adversely affected
by past coal mining practices and upon a determination that acquisition of such land is necessary
to successful reclamation and that: (1) The acquired land after restoration, reclamation,
abatement, control or prevention of the adverse effects of past coal mining practices will
serve recreation and historical purposes, conservation and reclamation purposes or provide
open space benefits; and (2) Permanent facilities such as a treatment plant or a relocated
stream channel will be constructed on the land for restoration, reclamation, abatement, control
or prevention of the adverse effects of past coal mining practices; or (3) Acquisition of
coal refuse disposal sites and all coal refuse thereon will serve the...
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9-16-121
Section 9-16-121 Definitions. For the purpose of this article the following terms shall have
the following meanings unless the context clearly indicates otherwise: (1) ABANDONED MINE
LANDS. Lands affected by the mining of coal prior to November 5, 1990, and left in either
an unreclaimed or inadequately reclaimed condition, and for which there is no continuing reclamation
responsibility required under state or federal law, and which continue in their present condition
to substantially degrade the quality of the environment, prevent or damage the beneficial
use of land or water resources, or endanger the health or safety of the public. (2) DIRECTOR.
The Secretary of Labor or his or her authorized agents or representatives. (3) FEDERAL ACT.
Title IV, "Abandoned Mine Reclamation," of Public Law 95-87 of the 95th U. S. Congress.
(4) FUND. State Abandoned Mine Reclamation Fund. (5) SECRETARY. The Secretary of the United
States Department of Interior. (6) STATE RECLAMATION PROGRAM. The state...
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9-16-72
commission and this article. (5) IMMINENT DANGER TO THE HEALTH AND SAFETY OF THE PUBLIC. The
existence of any condition or practice, or any violation of a permit or other requirement
of this article in a surface coal mining and reclamation operation, which condition, practice,
or violation could reasonably be expected to cause substantial physical harm to persons outside
the permit area before such condition, practice, or violation can be abated. A reasonable
expectation of death or serious injury before abatement exists if a rational person,
subjected to the same conditions or practices giving rise to the peril, would not expose himself
or herself to the danger during the time necessary for abatement. (6) LICENSE. An authorization
issued pursuant to Section 9-16-81 which identifies persons eligible to conduct surface coal
mining and reclamation operations. (7) OPERATOR. Any person conducting surface coal mining
and reclamation operations and includes permittees and their...
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9-16-129
Section 9-16-129 Property subject to lien; statement by director; amount; priority. (a) Within
six months after the completion of projects to restore, reclaim, abate, control or prevent
adverse effects of past coal mining practices on privately owned land, the director shall
itemize the moneys so expended and may file a statement thereof in the probate judge's office
of the county in which the land lies together with a notarized appraisal by a qualified independent
appraiser of the value of the land before the restoration, reclamation, abatement, control
or prevention of adverse effects of past coal mining practices if the moneys so expended shall
result in a significant increase in property value. Such statement shall constitute a lien
upon the said land. The lien shall not exceed the amount determined by the appraisal to be
the increase in the market value of the land as a result of the restoration, reclamation,
abatement, control or prevention of the adverse effects of past coal...
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9-16-98
Section 9-16-98 Experimental practices. In order to encourage advances in mining and reclamation
practices or to allow post-mining land use for industrial, commercial, residential, or public
use (including recreational facilities), the regulatory authority with approval by the Secretary
of Interior may authorize departures in individual cases on an experimental basis from the
environmental protection performance standards promulgated under Sections 9-16-90 and 9-16-91
of this article. Such departures may be authorized if (i) the experimental practices are potentially
more or at least as environmentally protective, during and after mining operations, as those
required by promulgated standards; (ii) the mining operations approved for particular land
use or other purposes are no larger or more numerous than necessary to determine the effectiveness
and economic feasibility of the experimental practices; and (iii) the experimental practices
do not reduce the protection afforded public...
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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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9-16-123
Section 9-16-123 Reclamation priorities. Expenditures of moneys from the fund on eligible lands
and water shall reflect the following priorities in the order stated: (1) The protection of
public health, safety, general welfare, and property from extreme danger of adverse effects
of coal mining practices; (2) The protection of public health, safety and general welfare
from adverse effects of coal mining practices; (3) The restoration of land and water resources
and the environment previously degraded by adverse effects of coal mining practices including
measures for the conservation and development of soil, water (excluding channelization), woodland,
fish and wildlife, recreation resources, and agricultural productivity. (4) Research and demonstration
projects relating to the development of surface mining reclamation and water quality control
program methods and techniques; (5) The protection, repair, replacement, construction, or
enhancement of public facilities such as utilities,...
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9-16-130
Section 9-16-130 Filling voids, sealing tunnels, shafts, etc. (a) The Governor may request
the Secretary of Interior to authorize the director to fill voids, seal open or abandoned
tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mining
of minerals other than coal which the secretary determines could endanger life and property,
constitute a hazard to public health and safety, or degrade the environment. The director
is authorized and required to carry out such work pursuant to the request therefor by the
secretary. (b) Funds available for use in carrying out the purpose of this section shall be
limited to those funds which must be allocated to the state under the provisions of subsection
402(g) of Public Law 95-87. (c) In those instances where mine waste piles are being reworked
for conservation purposes, the incremental costs of disposing of the wastes from such operations
by filling voids and sealing tunnels may be eligible for funding providing...
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9-16-83
seam itself. (f) Each applicant for a permit shall be required to submit to the regulatory
authority as part of the permit application a certificate issued by an insurance company authorized
to do business in the state certifying that the applicant has a public liability insurance
policy in force for the surface mining and reclamation operations for which such permit is
sought, or evidence that the applicant has satisfied other state self-insurance requirements.
The policy shall provide for personal injury and property damage protection
in an amount adequate to compensate any persons damaged as a result of surface coal mining
and reclamation operations including use of explosives and entitled to compensation under
the applicable provisions of state law. The policy shall be maintained in full force and effect
during the terms of the permit or any renewal, including the length of all reclamation operations.
(g) Each applicant for a surface coal mining and reclamation permit shall...
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9-16-85
Section 9-16-85 Permits - Approval or denial by authority; filing of violation schedule; issuance
to mine on prime farm land. (a) Upon the basis of a complete mining application and reclamation
plan or a revision or renewal thereof, as required by this article, following public notification
and opportunity for a public hearing as required by Section 9-16-88, the regulatory authority
shall grant, require modification of, or deny the permit within 30 days and notify the applicant
in writing of its action. The applicant for a permit, or revision of a permit, shall have
the burden of establishing that his application is in compliance with all the requirements
of this article. Within 10 days after the granting of a permit, the regulatory authority shall
notify the local governmental officials in the local political subdivision in which the area
of land to be affected is located that a permit has been issued and shall describe the location
of the land. (b) No permit or revision application...
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