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9-16-96
Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition;
review and public hearing; areas exempt from mining operations. (a)(1) The regulatory authority
shall establish a planning process enabling objective decisions based upon competent and scientifically
sound data and information as to which, if any, land areas of the state are unsuitable for
all or certain types of surface coal mining operations pursuant to the standards set forth
in subdivisions (2) and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the article of any area so designated. (2) Upon petition pursuant
to subsection (c) of this section, the regulatory authority shall designate an area
as unsuitable for all or certain types of surface coal mining operations if the regulatory
authority determines that reclamation pursuant to the requirements of this article is not
technologically and economically feasible. (3) Upon petition pursuant to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-96.htm - 8K - Match Info - Similar pages
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
9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued
pursuant to this article to conduct surface mining operations shall require that such surface
coal mining operations will meet all applicable performance standards of this article, and
such other requirements as the regulatory authority shall promulgate. (b) General performance
standards shall be applicable to all surface coal mining and reclamation operations and shall
require the operation as a minimum to: (1) Conduct surface coal mining operations so as to
maximize the utilization and conservation of the solid fuel resource being recovered so that
reaffecting the land in the future through surface coal mining can be minimized; (2) Restore
the land affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-90.htm - 30K - Match Info - Similar pages
9-16-93
Section 9-16-93 Violations; inspection by authority; remedial actions; hearing; action
by Attorney General. (a) Whenever, on the basis of any information available to it, including
receipt of information from any person, the regulatory authority has reason to believe that
any person is in violation of any requirement of this article or any permit condition required
by this article, the regulatory authority shall immediately order an inspection of the surface
coal mining operation at which the alleged violation is occurring unless the same information
is available to the regulatory authority as a result of a previous inspection. When the inspection
results from information provided to the regulatory authority by any person, the regulatory
authority shall notify such person when the inspection is proposed to be carried out and such
person shall be allowed to accompany the inspector during the inspection. The regulatory authority
shall consult with all state and federal agencies charged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-93.htm - 9K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-88.htm - 5K - 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
9-16-79
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
9-16-83
Section 9-16-83 Permits - Contents of application; reclamation plan; copy of application
filed for public inspection; insurance; blasting plan. (a) Each application for a surface
coal mining reclamation permit under this article shall be accompanied by a fee as determined
by the regulatory authority, but not to exceed the anticipated cost of reviewing, administering,
and enforcing the permit. In no event shall the permit fee be less than one thousand dollars
($1,000). The regulatory authority shall develop procedures to enable the cost of the fee
to be paid over the life of the mine. The life of the mine means the term of the permit and
the time required to successfully complete all surface coal mining and reclamation activities
and obtain a full release of the performance bond for each bonded area. (b) The permit application
shall be submitted in a format prescribed by and satisfactory to the regulatory authority
and shall contain, among other things, all of the following: (1) The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-83.htm - 13K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-91.htm - 10K - 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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