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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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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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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...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall
have the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling
agency, public or private, elected, appointed, or volunteer utilizing methods approved by
the health department or the department for the purpose of controlling and supervising the
collection or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material
other than earth used to cover a landfill or sanitary landfill. An alternative cover shall
be approved by the Department of Environmental Management in compliance with federal law and
United States Environmental Protection Agency rules or guidance to achieve a level of performance
equal to or greater than earthen cover material. (3) ASHES. The solid residue from burning
of wood, coal, coke, or other combustible material used for heating, from incineration of
solid wastes, or for the production of electricity at electric generating...
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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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9-16-82
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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9-16-89
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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9-16-76
Section 9-16-76 Conflict of interest; penalty. No officer or employee of the commission
performing any function or duty under this article, shall have a direct or indirect financial
interest in underground or surface coal mining operations. Whoever knowingly violates the
provisions of this section shall, upon conviction, be punished by a fine of not more
than $2,500.00, or by imprisonment for not more than one year, or both, and shall relinquish
his commission seat. (Acts 1981, No. 81-435, p. 682, §7.)...
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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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25-9-270
Section 25-9-270 Applicability of provisions. All other provisions of this chapter,
except those obviously peculiar to underground operations and also those specifically provided
for in this article, are applicable to surface mining operations. All provisions contained
in this article applicable to surface operations of underground coal mines and not specifically
covered elsewhere in this chapter apply to all coal mines. (Acts 1949, No. 207, p. 242, §72;
Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)...
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