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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9-16-104
Section 9-16-104 Reimbursement and funding. The regulatory authority shall make every effort
to obtain maximum reimbursement from the Director of the Office of Surface Mining Reclamation
and Enforcement for the costs of performing its duties under this article. The regulatory
authority is authorized to accept, administer and expend such funds or grants as it may receive,
including such funds as may be appropriated by the Legislature. (Acts 1981, No. 81-435, p.
682, §36.)...
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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...
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9-16-70
Section 9-16-70 Short title. This article shall be known and may be cited as "The Alabama
Surface Mining Control and Reclamation Act of 1981." (Acts 1981, No. 81-435, p. 682,
§1.)...
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9-10B-7
Section 9-10B-7 Office headed by division chief. The Office of Water Resources shall be headed
by and shall be under the direction, supervision, and control of an officer who shall be known
and designated as the Division Chief of the Alabama Office of Water Resources. The division
chief shall be appointed by the director, with the approval of the Governor, and shall report
to, and be under the direct supervision of, the director. The division chief shall be a person
knowledgeable in the fields of water resource management, development, and conservation. The
division chief shall be a state Merit System employee. The salary of the division chief shall
be set in accordance with state law. Vacancies in the position of division chief shall be
filled in the same manner as set forth above; provided, however, that prior to the appointment
and approval of a division chief, the director may appoint an acting division chief or may
assume the responsibilities of, and serve in the capacity as,...
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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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9-16-14
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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9-16-82
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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9-16-96
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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41-9-542
Section 41-9-542 Composition. (a) The authority shall be composed of the following members
or their designees: (1) The Director of the Alabama Department of Archives and History. (2)
The Director of the Division of Construction Management of the Department of Finance. (3)
The Director of Finance of the State of Alabama. (4) The Executive Director of the Alabama
Historical Commission. (5) The senior collections curator of the Alabama Department of Archives
and History. (6) The chief architectural historian of the Alabama Historical Commission. (7)
The President of the Alabama Trust for Historic Preservation. (8) The President of the Friends
of the Alabama Governor's Mansion. (9) The President of the Business Council of Alabama. (10)
The Chairman of the Black Heritage Council. (11) The Executive Director of the Landmarks Foundation
of Montgomery. (12) A history teacher to be appointed by the State Superintendent of Education,
having demonstrated proficiency and interest in preservation...
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