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9-16-73
Section 9-16-73 Surface Mining Commission - Creation; composition; officers; compensation;
meetings; offices; funds; removal of members. (a) There is continued as previously established
the Alabama Surface Mining Reclamation Commission under the name of the Alabama Surface Mining
Commission for the purpose of transition in implementing and enforcing this article and carrying
out the intent and policy stated in Section 9-16-71. All members of the commission appointed
under authority of Section 9-16-33, shall continue their terms as created under that section
until all reappointments and filling of vacancies have been filled in the manner as provided
in this section. At the expiration of any term, that member shall continue in office until
an appointment occurs as provided in this section. After February 25, 1994, no member shall
serve more than two full consecutive terms of office. (b) The commission shall be composed
of seven members, who are fair and reasonable citizens of the state...
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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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9-16-123
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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9-16-88
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-88.htm - 5K - Match Info - Similar pages
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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9-16-93
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 with the enforcement of mine safety regulations and
shall ensure that the person accompanying the inspector complies with appropriate safety standards
and regulations. The regulatory authority shall provide that the person accompanying the inspector
assumes the risk of personal injury where such injury results from conduct
of the operator which is neither negligent nor intentional and where the person accompanying
the inspector fails to comply with appropriate safety standards and regulations. (b) When
on the basis of an inspection by an authorized representative of the regulatory authority,
the regulatory authority or its authorized representative determines that any condition or
practice exists or that any permittee is in violation of any requirement of this...
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9-16-2
Section 9-16-2 Definitions. Unless clearly indicated otherwise by the context, as used in this
article, the following terms have the following meanings: (1) AFFECTED LAND. The area of land
from which overburden has been removed or upon which overburden has been deposited after October
1, 1970. (2) CONTEMPORANEOUS. Occurring at the same time as a surface mining operation and
in conjunction with the grading activities at the site. (3) CONTIGUOUS. In actual contact,
touching, as contrasted with being near but not in contact. (4) DEPARTMENT. The Department
of Industrial Relations of the State of Alabama or any department, bureau, or commission as
may lawfully succeed to the powers and duties of the department relating to mining operations.
(5) DIRECT SEEDING. The planting of seeds by hand sowing, machine sowing, or aerial seeding.
(6) DIRECTOR. Director of the department or officer, bureau, or commission as may lawfully
succeed to the powers and duties of the director. (7) HIGHWALL. The...
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26-2A-78
education, or maintenance, but a guardian is not personally liable for the ward's expenses
and is not liable to third persons by reason of the relationship for acts of the ward. (b)
In particular and without qualifying the foregoing, a guardian shall: (1) Become or remain
personally acquainted with the ward and maintain sufficient contact with the ward to know
of the ward's capacities, limitations, needs, opportunities, and physical and mental health;
(2) Take reasonable care of the ward's personal effects and commence protective proceedings
if necessary to protect other property of the ward; (3) Apply any available money of the ward
to the ward's current needs for health, support, education, or maintenance; (4) Conserve any
excess money of the ward for the ward's future needs, but if a conservator has been appointed
for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator
money of the ward to be conserved for the ward's future needs; and (5)...
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9-17-150
Section 9-17-150 Definitions. Unless the context otherwise requires, the words and terms defined
in this section shall have the following meanings when found in this article: (1) UNDERGROUND
STORAGE. Storage in an underground reservoir. (2) GAS. All natural gas, casinghead gas, and
occluded natural gas found in coal beds, and all other hydrocarbons not defined as oil in
Section 9-17-1(3), except and not including liquid petroleum gas. (3) UNDERGROUND RESERVOIR.
Any subsurface sand, stratum, formation, aquifer, or cavity, cavern or void (whether natural
or artificially created), suitable for or capable of being made suitable for the injection
and storage of gas therein and the withdrawal of gas therefrom. (4) STORAGE FACILITY. Any
underground reservoir used or to be used for the underground storage of gas and all surface
and subsurface rights and appurtenances necessary or useful in the operation of the facility
for the underground storage of gas, including any necessary or reasonable...
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23-1-156
Section 23-1-156 Contracts; conveyance of property to state. All contracts of the corporation
for the construction, reconstruction and relocation of public roads, bridges and approaches
thereto, tunnels, other public roadway improvements, and work incidental or related thereto
and the acquisition of property necessary therefor, shall be in writing, shall be subject
to the rules and regulations and shall be let under the supervision of the Department of Transportation
and shall be subject to approval by the Governor and by the State Department of Transportation.
All work provided for in any contract shall be supervised by the Department of Transportation
or as otherwise provided through agreement with the Department of Transportation. All persons
engaged in the supervision or performance of any such work of construction, reconstruction,
or relocation that may be done by the corporation without the award of a contract therefor
shall be employees of the Department of Transportation or as...
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