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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9-16-122
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;...
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11-81-248
Section 11-81-248 Regulatory jurisidiction. The Governor may appoint an existing state agency
to exercise regulatory jurisdiction over programs and activities under this article. The state
agency shall have the authority to adopt reasonable rules, interpretations, and guidances,
consistent with the laws of this state, as may be necessary to carry out this article over
which the agency has jurisdiction, including the development and administration of programs
created under this article. The state agency shall provide initial rules or guidance by September
1, 2016, or later if additional time is needed by the agency, and, in any event, before any
local government can establish a program. The state agency also is authorized to develop a
statewide program for local government participation at any time. In developing any program
guidance, the state agency shall seek input from industry stakeholders such as banks, real
estate, insurance, contractors, and other relevant interests. (Act...
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9-16-12
Section 9-16-12 Disposition of fees and penalties. (a) All fees and penalties collected under
the provisions of this article shall be deposited in the General Fund of the State Treasury.
(b) All funds received from the forfeiture of bonds, sureties, cash, or governmental securities
shall be placed in the State Treasury and credited to a special agency account created and
designated as the Surface Mining Reclamation Fund. The department shall, for each bond, surety,
or deposit of cash or securities forfeited, utilize the proceeds of the forfeiture for the
reclamation of affected lands. The director may establish and carry out a systematic schedule
for the reclamation and revegetation of lands which have been affected by strip mining operations
and to which there is no obligation on any person to reclaim or revegetate. The department
may cause the reclamation work to be done by employees of other governmental agencies or through
contracts with qualified vendors. The department and any...
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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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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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9-10B-3
Section 9-10B-3 Definitions. For the purposes of this chapter, the following words and phrases,
unless a different meaning is plainly required by the context, shall have the following meanings:
(1) AREA OF THE STATE. Any municipality or county, including portions thereof, or other geographical
area of the state as may be designated by the commission pursuant to this chapter. (2) BENEFICIAL
USE. The diversion, withdrawal, or consumption of the waters of the state in such quantity
as is necessary for economic and efficient utilization consistent with the interests of this
state. (3) CAPACITY STRESS AREA. An area of the state designated by the commission pursuant
to this chapter where the commission determines that the use of the waters of the state, whether
ground water, surface water, or both, requires coordination, management, and regulation for
the protection of the interests and rights of the people of the state. (4) CERTIFICATE OF
USE. A certificate which shall be issued by the...
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35-12-89
Section 35-12-89 Requests for reports and examination of records. (a) The Treasurer may require
a person who has not filed a report, or a person who the Treasurer believes has filed an inaccurate,
incomplete, or false report, to file a verified report in a form specified by the Treasurer.
The report must state whether the person is holding property reportable under this article,
describe property not previously reported or as to which the Treasurer has made inquiry, and
specifically identify and state the amounts of property that may be in issue. (b) The Treasurer,
at reasonable times and upon reasonable notice, may examine the records of any person to determine
whether the person has complied with this article. The Treasurer may conduct the examination
even if the person believes it is not in possession of any property that shall be reported,
paid, or delivered under this article. The Treasurer may contract with any other person to
conduct the examination on behalf of the Treasurer....
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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,...
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5-13B-26
Section 5-13B-26 Examinations; periodic reports; cooperative agreements; assessment of fees.
(a) To the extent consistent with subsection (c), the superintendent may make such examinations
of any branch established and maintained in this state pursuant to this article by an out-of-state
state bank as the superintendent may deem necessary to determine whether the branch is being
operated in compliance with the laws of this state and in accordance with safe and sound banking
practices. The provisions of Chapter 3A, Title 5, shall apply to such examinations. (b) The
superintendent may prescribe requirements for periodic reports regarding any out-of-state
bank that operates a branch in Alabama pursuant to this article. The required reports shall
be provided by such bank or by the bank supervisory agency having primary responsibility for
such bank. Any reporting requirements prescribed by the superintendent under this subsection
shall be (1) consistent with the reporting requirements...
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