Code of Alabama

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9-16-77
Section 9-16-77 Division of Hearings and Appeals. (a) There is created a Division of
Hearings and Appeals within the Alabama Surface Mining Commission to enforce this article.
The division shall have such powers and authority as required by law and as delegated by the
director. (b) The commission may hire or contract with hearing officers to hear and determine
appeals from regulatory, enforcement, or other activities of the commission. A hearing officer
shall be a member of and in good standing with the Alabama State Bar. (c) No person shall
serve as a hearing officer who has any direct or indirect financial interest in an underground
or surface coal mining operation or who has been employed by or represented any coal mine
operator within the previous 24 months. (Acts 1981, No. 81-435, p. 682, §8; Act 2010-498,
p. 768, §1.)...
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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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9-16-130
Section 9-16-130 Filling voids, sealing tunnels, shafts, etc. (a) The Governor may request
the Secretary of Interior to authorize the director to fill voids, seal open or abandoned
tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mining
of minerals other than coal which the secretary determines could endanger life and property,
constitute a hazard to public health and safety, or degrade the environment. The director
is authorized and required to carry out such work pursuant to the request therefor by the
secretary. (b) Funds available for use in carrying out the purpose of this section
shall be limited to those funds which must be allocated to the state under the provisions
of subsection 402(g) of Public Law 95-87. (c) In those instances where mine waste piles are
being reworked for conservation purposes, the incremental costs of disposing of the wastes
from such operations by filling voids and sealing tunnels may be eligible for funding providing...

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9-17-6
Section 9-17-6 Oil and Gas Board - Powers and duties generally. (a) The board shall
have jurisdiction and authority over all persons and property necessary to administer and
enforce effectively the provisions of this article and all other articles relating to the
conservation of oil and gas. (b) The board shall have the authority and it shall be its duty
to make such inquiries as it may think proper to determine whether or not waste, over which
it has jurisdiction, exists or is imminent. In the exercise of such power the board shall
have the authority to perform the following: (1) Collect data. (2) Make investigation and
inspection. (3) Examine properties, leases, papers, books, and records, including drilling
records, logs, and other geological and geophysical data. (4) Examine, check, test, and gauge
oil and gas wells, tanks, plants, processing facilities, structures, natural gas pipelines
and gathering lines, and storage and transportation equipment and facilities, and other modes...

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45-29-90.11
Section 45-29-90.11 Regulation of zoning, planning, and construction. For the purpose
of promoting the health, safety, morals, convenience, environment order, prosperity, and general
welfare, all power and authority regarding zoning and planning within the management area
is hereby vested in the board of directors of the authority. As described herein, no regulated
activity shall commence without the applicant having first obtained a land use certificate
as issued by the authority. (1) The board is authorized to regulate the planning, zoning,
and construction within the management area of all activity involving public streets, public
roads, subdivisions, drainage structures in subdivisions, mobile home parks, residential and
commercial developments, apartments, recreation parks, coal mining, gas/oil and methane exploration
and development, excavation, and logging. The board is hereby authorized to adopt and enforce
such ordinances as shall be necessary to implement any development...
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9-16-125
Section 9-16-125 Reclamation program. (a) The Department of Labor, State Programs Division,
shall establish and maintain a state reclamation program for abandoned mines which complies
with Title IV of Public Law 95-87. The state reclamation program plan shall generally identify
the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship
of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific
criteria for ranking and identifying projects to be funded, and the legal authority and programmatic
capability to perform such work in conformance with the provisions of the federal act. (b)
The director shall annually submit to the secretary, an application for the support of the
state program and implementation of specific reclamation projects. Such requests shall include,
but shall not be limited to: (1) A general description of each proposed project; (2) A priority
evaluation of each proposed project; (3) A statement of...
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9-8-26
Section 9-8-26 Land-use regulations - Procedure for adoption; amendment, repeal, etc.;
contents; publication, etc. (a) The supervisors of any district shall have authority to formulate
regulations governing the use of lands within the district in the interest of conserving soil
and soil resources and preventing and controlling soil erosion. The supervisors may conduct
such public meetings and public hearings upon tentative regulations as may be necessary to
assist them in this work. The supervisors shall not have authority to enact such land-use
regulations into law until after they shall have caused due notice to be given of their intention
to conduct a referendum for submission of such regulations to the owners of lands lying within
the boundaries of the district for their indication of approval or disapproval of such proposed
regulations and until after the supervisors have considered the result of such referendum.
The proposed regulations shall be embodied in a proposed ordinance....
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25-9-84
Section 25-9-84 Coursing of air. (a) Two available openings to the surface are required
from each seam or stratum of coal worked. In drift or slope mines, such openings provided
after August 12, 1949, must be separated by not less than 40 feet of natural strata, and all
crosscuts between them shall be closed with stoppings of fireproof material. In shaft mines,
such openings provided after August 12, 1949, must be separated by not less than 200 feet
of natural strata. The second opening may be made through an adjoining mine. Until these provisions
are met, not over five men in a drift, 10 men in a slope, and 20 men in a shaft shall work
in the mine at one time, and no additional development shall be permitted until the connection
is made to the second opening. In mines wherein final pillar robbing operations necessitate
closing the second opening, the above limitations as to the number of men permitted to work
will apply until the mine is worked out and abandoned. (b) Both openings...
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41-20-3
Section 41-20-3 Specification of termination dates for certain agencies; date and procedure
generally for termination of agencies not designated; committee's right to review and make
recommendations. (a) The following agencies shall automatically terminate on the dates specified,
unless a bill is passed that they be continued, modified or reestablished: (1) October 1,
1981 shall be the termination date for: a. State Board of Auctioneers - created by Section
34-4-50. b. Alabama Board of Cosmetology - created by Section 34-7-40. c. Examining
Board for Professional Entomologists, Horticulturists, Plant Pathologists, Floriculturists
and Tree Surgeons - created by Section 2-28-2. d. Alabama Board of Funeral Service
- created by Section 34-13-20. e. State Pilotage Commission - created by Section
33-4-1. f. Polygraphic Examiners Board - created by Section 34-25-4. g. Alabama Board
of Examiners for Speech Pathology and Audiology - created by Section 34-28A-40. h.
State Board of Veterinary...
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9-8-31
Section 9-8-31 Discontinuance. (a) At any time after three years after the organization
of a district under the provisions of this article, any 25 owners of land lying within the
boundaries of such district may file a petition with the State Soil and Water Conservation
Committee praying that the operations of the district be terminated and the existence of the
district discontinued. The committee may conduct such public meetings and public hearings
upon such petition as may be necessary to assist it in consideration thereof. Within 60 days
after such a petition has been received by the committee, it shall give due notice of the
holding of a referendum and shall supervise such referendum and issue appropriate regulations
governing the conduct thereof, the question to be submitted by ballots upon which the words
"For terminating the existence of the _____ (name of the soil conservation district to
be here inserted)" and "Against terminating the existence of the _____ (name of
the soil...
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