9-16-80
Section 9-16-80 Surface Mining Control and Reclamation Division - Creation; director; chief;
transfer of books, records, powers, rights, and personnel. (a) There is hereby created a Division
of Surface Mining Control and Reclamation within the Alabama Surface Mining Commission to
enforce the provisions of this article. The division shall have such powers and authority
as may be delegated by the director of the commission. (b)(1) The director shall appoint a
chief of the division and shall fix his compensation as an unclassified employee in the state
Merit System. (2) The chief shall be the chief executive officer of the division and shall
administer in the name of the division that power and authority delegated to the division
by the director. The chief may, with the approval of the director, establish such sections
within the division as may be necessary to enforce this article and the rules, regulations
and standards promulgated thereunder. (c) Any books, records, equipment,...
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9-16-11
Section 9-16-11 Enforcement of provisions of article - Institution of civil action for enforcement
of final order of director; engaging in surface mining without valid permit; willful misrepresentations,
etc., in applications; rights of exception and appeal. (a) Should the director determine that
any final order or determination made by him, not then the subject of judicial review, is
being violated by any operator, then the director may cause to have instituted a civil action
in any court of competent jurisdiction to forfeit the bond of the operator as to land affected
by the operator's violation of this article or for injunctive or other appropriate relief
to prevent any further or continued violation of such final order or determination. (b) Any
person required by this article to have a permit who engages in surface mining without a valid
permit to do so as prescribed by this article shall be deemed guilty of a violation of this
article and, upon complaint made by the director in a...
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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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2-11-7
Section 2-11-7 Certificate as evidence. A certificate of inspection or classification by a
duly designated person issued under this article and all such certificates issued under authority
of the Congress of the United States relating to the classification, quality or condition
of agricultural products shall be accepted in any court of this state as prima facie evidence
of the true classification, quality or condition of such agricultural product at the time
of inspection. (Ag. Code 1927, §341; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §411.)...

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24-5-13
Section 24-5-13 Enforcement of article; local ordinances providing for inspection of manufactured
homes. (a) No person may interfere, obstruct, or hinder an authorized representative of the
commission who displays proper commission credentials in the performance of his or her duties
as set forth in this article. (b) In the performance of its duties, the commission, or any
of its duly authorized representatives , may enter and inspect, at any reasonable time, any
place or establishment where manufactured homes are manufactured, sold, or offered for sale,
for the purpose of ascertaining whether the requirements of this article and the regulations
of the commission have been met. (c) Nothing in this article shall prevent the governing authority
of any county or municipal corporation from adopting ordinances or resolutions providing for
the inspection of manufactured homes sold or placed within its limits and to provide penalties
for violations thereof, but no such ordinance or resolution...
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9-16-98
Section 9-16-98 Experimental practices. In order to encourage advances in mining and reclamation
practices or to allow post-mining land use for industrial, commercial, residential, or public
use (including recreational facilities), the regulatory authority with approval by the Secretary
of Interior may authorize departures in individual cases on an experimental basis from the
environmental protection performance standards promulgated under Sections 9-16-90 and 9-16-91
of this article. Such departures may be authorized if (i) the experimental practices are potentially
more or at least as environmentally protective, during and after mining operations, as those
required by promulgated standards; (ii) the mining operations approved for particular land
use or other purposes are no larger or more numerous than necessary to determine the effectiveness
and economic feasibility of the experimental practices; and (iii) the experimental practices
do not reduce the protection afforded public...
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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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40-13-82
Section 40-13-82 (Repealed effective August 1, 2019) Levy and collection of tax; disposition
of funds; penalties. (a) There is levied an additional excise and privilege tax on every person
severing coal or lignite in this state in the amount of two and one-half cents ($0.025) per
ton of coal or lignite severed by underground mining, and five cents ($0.05) per ton of coal
or lignite severed by surface mining, except the maximum tonnage on which the severance tax
is levied against a person and a person's affiliates shall not in the aggregate exceed two
million tons per year. (b) The tax levied by this section shall be collected by the State
Department of Revenue and shall be deposited in a special fund in the State Treasury to be
used exclusively for the operation of the Surface Mining Commission. Monies in the fund are
continuously appropriated to the commission and no money in the fund shall revert to the State
Treasury at the end of a fiscal year. (c) Any person who fails to comply...
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9-16-6
Section 9-16-6 Permit for engaging in surface mining operations - Amendments. (a) An operator
desiring to amend a permit issued to him to include additional land may file an amended application
with the department. Upon receipt of the amended application, such increase in the bond or
surety as may be required under the provisions of this article and payment of a $50.00 fee,
the department shall issue an amendment to the original permit covering the additional land
described in the amended application for the period of time remaining in the original permit.
(b) An operator desiring to amend a permit issued to him to withdraw land covered by such
permit may file an amended application with the department. Upon receipt of the amended application
and upon verification by inspection that the land to be withdrawn is not affected land resulting
from surface mining of the applicant, the department shall proportionately reduce the bond
or the security filed by the applicant pursuant to the...
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22-27-9
Section 22-27-9 Authority of Department of Environmental Management and Department of Public
Health. (a) The Department of Environmental Management shall be the agency with primary regulatory
authority over the management of solid waste in the state, except for the collection and transportation
of nonhazardous and nonmedical solid waste. The department may exercise the regulatory authority
over the permitting and operation of solid waste management facilities necessary to enforce
the requirement and purposes of this article. (b) The Alabama Department of Public Health
shall have primary regulatory authority over the collection and transportation of solid waste,
excluding medical waste and hazardous waste, the management of sanitary waste in septic tanks,
excluding landfill disposal, and the management of collection activities including, but not
limited to, the provision of collection services by county and municipal governing bodies,
participation in local collection systems, the...
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