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9-16-126
Section 9-16-126 Right of entry. (a) If the director makes a finding in writing with supporting
facts that: (1) Land or water resources have been adversely affected by past coal mining practices;
and (2) The adverse effects are at a stage where, in the public interest, action to restore,
reclaim, abate, control, or prevent should be taken; and (3) The owners of the land or water
resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse
effects of past coal mining practices are not known, or readily available; or (4) The owners
will not give permission for the state or its agents, employees, or contractors to enter upon
such property to restore, reclaim, abate, control, or prevent the adverse effects of past
coal mining practices. Then, upon giving notice by mail to the owners if known or if not known
by posting notice upon the premises and advertising once in a newspaper of general circulation
in the municipality in which the land lies, the...
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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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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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9-16-123
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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9-16-2
Section 9-16-2 Definitions. Unless clearly indicated otherwise by the context, as used in this
article, the following terms have the following meanings: (1) AFFECTED LAND. The area of land
from which overburden has been removed or upon which overburden has been deposited after October
1, 1970. (2) CONTEMPORANEOUS. Occurring at the same time as a surface mining operation and
in conjunction with the grading activities at the site. (3) CONTIGUOUS. In actual contact,
touching, as contrasted with being near but not in contact. (4) DEPARTMENT. The Department
of Industrial Relations of the State of Alabama or any department, bureau, or commission as
may lawfully succeed to the powers and duties of the department relating to mining operations.
(5) DIRECT SEEDING. The planting of seeds by hand sowing, machine sowing, or aerial seeding.
(6) DIRECTOR. Director of the department or officer, bureau, or commission as may lawfully
succeed to the powers and duties of the director. (7) HIGHWALL. The...
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9-16-71
Section 9-16-71 Declaration of public policy and legislative intent; all land surface mined
under this article shall be reclaimed. (a) The objective of this article is to provide for
the safe, responsible and reasonable reclamation of lands upon which surface disturbances
will be created by surface mining and the surface effects of underground mining so as to protect
the taxable value of property and preserve natural resources within the state and protect
and promote the health and safety of the people of this state, consistent with the protection
of property and with maximum employment and the economic and industrial well-being of the
state. The Legislature finds and declares that the extraction of coal by surface mining provides
a major present and future source of energy and is an essential and necessary activity which
contributes to the economic and material well-being of the state. (b) The Legislature finds
that the unregulated or irresponsible surface mining of coal may cause...
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45-29-90.08
Section 45-29-90.08 Contractual powers; additional powers. The authority may: (1) Enter into
contracts with the United States, with the several states, and with individuals, private corporations,
associations, municipalities, and other public agencies, or political subdivisions of any
kind, for the sale of water for municipal, domestic, agricultural, or industrial use, or for
the sale of any other services, facilities, or commodities that the authority may be in a
position to supply. (2) Acquire and develop reservoirs and shoreline lands and provide for
their operation for industrial, recreational, and other uses directly or by concessionaires,
licensees, lessees, or vendees of shoreline lands. (3) Sell or lease shoreline lands, or any
interest therein, in connection with development of the reservoir system, for uses consistent
with the authority's development plan and subject to such restrictions as the authority deems
necessary for reservoir protection and subject to such...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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11-50-340
Section 11-50-340 Definitions. As used in this article, the following words and terms shall
have the following meanings unless the context shall indicate another meaning or intent: (1)
CITY. Any incorporated city in the State of Alabama. (2) COUNCIL. The city council, city commission,
or other board or body in which the general legislative powers of a city shall be vested.
(3) BOARD. A board of water and sewer commissioners created under the provisions of Section
11-50-341 or, if any such board shall be abolished, the board, body, or commission succeeding
to the principal functions thereof or to which the powers given by this article to such board
shall be given by law. (4) WATER SYSTEM. Such term shall include all plants, systems, facilities,
or properties used or useful or having the present capacity for future use in connection with
the supply or distribution of water, and any integral part thereof, including but not limited
to water supply systems, water distribution systems,...
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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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