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9-16-78
Section 9-16-78 Hearing officer; powers; witness fees. (a) No hearing officer shall
participate in a hearing if he or she has an interest therein. At any such hearing all testimony
shall be given under oath and be recorded, but need not be transcribed unless an appeal is
made. (b) The manner in which hearings before hearing officers shall be presented and the
conduct of hearings and appeals before hearing officers shall be in accordance with regulations
prescribed by the regulatory authority. (c) In the discharge of his or her duties under this
article, any hearing officer shall have power to administer oaths, certify to official acts,
take and cause to be taken depositions of witnesses, issue and serve subpoenas, compel the
attendance of witnesses and the production of papers, books, accounts, payrolls, documents,
records, and testimony, provide for site inspections or inspections of other operations. In
the event of failure of any person to comply with any subpoena lawfully issued,...
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22-32-1
Section 22-32-1 Enactment of Southeast Interstate Low-Level Radioactive Waste Management
Compact. The Southeast Interstate Low-Level Radioactive Waste Management Compact is hereby
enacted into law and entered into by the State of Alabama with any and all states legally
joining therein in accordance with its terms, in the form substantially as follows: SOUTHEAST
INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Article I. Policy and Purpose There
is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Compact.
The party states recognize and declare that each state is responsible for providing for the
availability of capacity either within or outside the state for the disposal of low-level
radioactive waste generated within its borders, except for waste generated as a result of
defense activities of the federal government or federal research and development activities.
They also recognize that the management of low-level radioactive waste is handled most...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by
Attorney General in legal actions. In addition to any other powers and functions which may
be conferred upon it by law, the department is authorized beginning October 1, 1982 to: (1)
Administer appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting,
regulatory and enforcement functions; administer and enforce the provisions and execute the
functions of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of
this title; Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this
title; Sections 22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections
22-36-1 through 22-36-10. (2) Acting through the Environmental Management Commission, promulgate
rules, regulations, and standards in order to carry out the provisions and intent of this
chapter; provided, however, that prior to the promulgation of any state primary or...
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11-51-90.2
Section 11-51-90.2 Purchase of business license; classification of taxpayers; vehicle
decals; determination of gross receipts; construction with other provisions. (a) Every taxpayer
required to purchase a business license under this chapter shall: (1) Purchase a business
license for each location at which it does business in the municipality, except as otherwise
provided by the municipality. (2) Except as provided in Section 11-51-193, with respect
to taxpayers subject to state licensing board oversight, be classified into one or more of
the following 2002 North American Industrial Classification System ("NAICS") sectors
and applicable sub-sectors, industry groups, industries, and U.S. industries thereunder: SECTOR
NAICS TITLE SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS FOR
LICENSE CALCULATION 111 Crop Production Agriculture, farming, nursery, fruit, growers Gross
Receipts and/or Flat Rate 112 Animal Production Animal, dairy, cattle, ranching, sheep,...
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9-16-103
Section 9-16-103 Alabama Surface Mining Fund. (a) All sums received through the payment
of fees, the forfeiture of bonds, the recovery of civil penalties or appropriations by the
Legislature shall be placed in the State Treasury and credited to an open account designated
as the Alabama Surface Mining Fund. This fund, which shall include the Alabama Surface Mining
Reclamation Fund established by Act No. 551, 1975 Regular Session, shall be available to the
regulatory authority for expenditure in the administration and enforcement of this article,
and training, reclamation and research programs; provided, that the proceeds from the forfeiture
of any bond shall be used to the extent required by law in completing reclamation and revegetation
of the area with respect to which the bond applies. Any unencumbered and any unexpended balance
of this fund remaining at the end of any fiscal year shall not lapse, but shall be carried
forward for the purposes of this article until expended. (b) There...
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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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9-16-1.1
Section 9-16-1.1 Legislative findings. (a) The Alabama Legislature has found and determined
the following: (1) A 1991 United States Department of the Interior audit report warned that
the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately
laying waste to mined land rather than restoring it. (2) The standards for coal mining reclamation
have improved dramatically over the last 25 years. (3) The citizens of Alabama are endangered
by unreclaimed highwalls, water impoundments, and open pits. (b) In view of these findings,
the Legislature deems it necessary to deny the issuance of surface mine permits to operators
who have demonstrated a pattern of willfully violating the mining law, and to improve environmental
controls by requiring that highwalls be backfilled after mining. (Act 99-579, p. 1307, §1.)...
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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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9-16-129
Section 9-16-129 Property subject to lien; statement by director; amount; priority.
(a) Within six months after the completion of projects to restore, reclaim, abate, control
or prevent adverse effects of past coal mining practices on privately owned land, the director
shall itemize the moneys so expended and may file a statement thereof in the probate judge's
office of the county in which the land lies together with a notarized appraisal by a qualified
independent appraiser of the value of the land before the restoration, reclamation, abatement,
control or prevention of adverse effects of past coal mining practices if the moneys so expended
shall result in a significant increase in property value. Such statement shall constitute
a lien upon the said land. The lien shall not exceed the amount determined by the appraisal
to be the increase in the market value of the land as a result of the restoration, reclamation,
abatement, control or prevention of the adverse effects of past coal...
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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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