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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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9-16-89
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-89.htm - 10K - Match Info - Similar pages
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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9-16-90
/occupiers in such areas prior to any blasting; b. Maintain for a period of at least three
years and make available for public inspection upon request a log detailing the location of
the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole,
and the order and length of delay in the blasts; c. Limit the type of explosives and detonating
equipment, the size, the timing and frequency of blasts based upon the physical conditions
of the site so as to prevent (i) injury to persons, (ii) damage to public and private
property outside the permit area, (iii) adverse impacts on any underground mine, and (iv)
change in the course, channel, or availability of ground or surface water outside the permit
area; d. Require that all blasting operations be conducted by trained and competent persons
as certified by the regulatory authority; e. Provide that upon the request of a resident or
owner of a man-made dwelling or structure within one-half mile of any portion of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-90.htm - 30K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-85.htm - 6K - Match Info - Similar pages
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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9-16-72
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-72.htm - 7K - Match Info - Similar pages
9-16-84
Section 9-16-84 Reclamation plans; contents. (a) Each reclamation plan submitted as part of
a permit application pursuant to the provisions of this article shall include, in the degree
of detail necessary to demonstrate that reclamation required can be accomplished, a statement
of: (1) The identification of the lands subject to surface coal mining operations over the
estimated life of those operations and the size, sequence, and timing of the sub-areas for
which it is anticipated that individual permits for mining will be sought; (2) The condition
of the land to be covered by the permit prior to any mining including: a. The uses existing
at the time of the application, and if the land has a history of previous mining, the uses
which preceded any mining; and b. The capability of the land prior to any mining to support
a variety of uses giving consideration to soil and foundation characteristics, topography,
and vegetative cover, and, if applicable, a soil survey prepared pursuant to...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-79.htm - 11K - Match Info - Similar pages
9-16-91
Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit...
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