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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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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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9-16-85
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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41-10-68
Section 41-10-68 Leasing of buildings, facilities and structures. The authority and any person
are hereby authorized to enter into a lease or leases for the use and occupancy of any or
all property of the authority or for the use and occupancy of any space in or all of any buildings
or facilities constructed by the authority under the provisions of this article; provided,
that the proposed use by any such lessee or lessees shall be in furtherance of the purpose
for which the authority is created; provided further, that an adequate rental is established
in said lease or leases. Any executive head of any agency, board, commission, public corporation,
bureau or department of the state is hereby separately authorized to enter into any said lease
with the authority. No free space shall be available to any person on any of the property
or in any of the buildings, facilities and structures of the authority so long as the principal
of or interest on any bonds, including refunding bonds, issued...
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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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9-16-99
Section 9-16-99 Surface mining operations not subject to this article. The provisions of this
article shall not apply to any of the following activities: (1) The extraction of coal by
a landowner for his own noncommercial use from land owned or leased by him; (2) For surface
mining operations affecting two acres or less, the regulatory authority may waive certain
requirements of this article where those requirements will not affect the reclamation of the
affected lands; (3) The extraction of coal as an incidental part of federal, state or local
government-financed highway or other construction under regulations established by the regulatory
authority; (4) The extraction of coal incidental to the extraction of other minerals where
coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for
commercial use or sale pursuant to regulations established by the regulatory authority. (Acts
1981, No. 81-435, p. 682, §31; Acts 1983, No. 83-774, p. 1415, §4.)...
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9-17-64
Section 9-17-64 Execution of pooling or unitization agreements or amendments to leases to authorize
same. The Commissioner of Conservation and Natural Resources is hereby authorized to execute
upon such terms as he may approve: (1) Pooling or unitization agreements affecting oil, gas
and other minerals or any one or more of them, on, in or under lands within the jurisdiction
of the Department of Conservation and Natural Resources so as to pool or unitize such interests
in oil, gas and other minerals or any one of them with similar interests in other lands; and
(2) Agreements with lessees amending existing leases so as to authorize lessees to pool or
unitize the leases, the lands or minerals covered thereby or any part thereof with other leases,
lands or mineral estates or parts thereof, and to add to or change any other provisions thereof
in order to make such existing lease(s) similar on those points with the lease form then being
used by the Commissioner of Conservation and Natural...
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11-1-10
Section 11-1-10 Contracts with federal, state, and other county governments. (a) The county
commission in addition to all other powers and authority is hereby authorized and empowered
to enter into contracts, leases, compacts, or any other form of agreement with the United
States of America or any of its agencies, departments, bureaus, divisions, or institutions,
with the State of Alabama or any of its agencies, departments, bureaus, divisions, or institutions
and with any other county or municipality within or without the state for the purpose of receiving
or acquiring funds, matching funds, services, materials, supplies, buildings, structures,
waterways and docking facilities, and any and all other benefits deemed for the public interest
in the promotion of industrial, agricultural, recreational, or any other beneficial development.
(b) The contracts, leases, compacts, or other forms of agreement may contain such covenants
and considerations as considered reasonable and necessary and...
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16-3-28
Section 16-3-28 Authority of board and trustees of institutions to borrow from federal agencies
or others; issuance of bonds, notes and other securities. (a) The State Board of Education,
acting for the respective educational institutions under its supervision, and each public
corporation that conducts one or more state educational institutions under its supervision,
acting through its board of trustees or other governing body, are hereby separately authorized
to exercise and perform any or all of the following powers: (1) To borrow money from the United
States of America or any department or agency thereof, or from any person, firm, corporation
or other lending agency for the purchase, construction, enlargement or alteration of any buildings
or other improvements, including dormitories, dining halls, classrooms, laboratories, libraries,
stadiums, administration buildings and any other buildings and appurtenances thereto suitable
for use by the institution with respect to which the...
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22-27-48
Section 22-27-48 Implementation of plans. (a) In addition to any regulatory bodies, the governing
body of a county or municipality has a responsibility for and the authority to assure the
proper management of solid wastes generated within its jurisdiction in accord with its solid
waste management plan. A governing body may assign territories and approve or disapprove disposal
sites in its jurisdiction in accord with the plan approved for its jurisdiction. Such approval
or disapproval of services or activities described in the local plan shall be in addition
to any other approvals required from other regulatory authorities and shall be made prior
to any other approvals necessary for the provision of such services, the development of a
proposed facility or the modification of permits for existing facilities. (b) The department
may not consider an application for a new facility unless the application has received approval
pursuant to Section 22-27-48.1 by the affected local governing...
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