Code of Alabama

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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and upon verification by inspection that the land to be withdrawn is not affected land resulting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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40-13-80
Section 40-13-80 (Repealed effective August 1, 2019) Legislative findings. The Legislature
makes the following findings: (1) The Legislature understands the need to properly fund state
agencies in order to match federal funds for enforcement programs. (2) The Surface Mining
Commission is the delegated agency in this state authorized to enforce the federal Office
of Surface Mining (OSM) programs, with a 50 percent match required in order to access federal
funds. (3) Due to very limited General Fund monies available, along with numerous mining companies
going out of business over the last eight years which has reduced permit fees and other monies
paid to the Surface Mining Commission, there is a need for increased funding from other sources
in addition to permit fee increases. (Act 2017-369, §1.)...
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9-16-97
Section 9-16-97 Water rights. (a) Nothing in this article shall be construed as affecting in
any way the right of any person to enforce or protect, under applicable law, his interest
in water resources affected by a surface coal mining operation. (b) The operator of a surface
coal mine shall replace the water supply of an owner of interest in real property who obtains
all or part of his supply of water for domestic, agricultural, industrial, or other legitimate
use from an underground or surface source where such supply has been affected by contamination,
diminution, or interruption proximately resulting from such surface coal mine operation. (Acts
1981, No. 81-435, p. 682, §29.)...
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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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11-50-174
Section 11-50-174 Construction of article; exemption from jurisdiction and regulation of state
Public Service Commission, etc. (a) Nothing contained in this article shall be construed to
authorize any public corporation or municipality to convey any water system in such manner
that title thereto may vest in private ownership; provided, that title to such system may
be subjected to a mortgage, deed of trust, or pledge agreement as security for repayment of
money borrowed by the public corporation to which the same is transferred. Nothing contained
in this article shall be construed as a restriction or limitation upon any authority which
any public corporation or municipality now existing or hereafter formed may have in the absence
thereof, but this article shall be construed to be supplemental and additional to authority
conferred by other laws. No proceedings, notices, or approval shall be required, except as
expressly prescribed in this article, any other law to the contrary...
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37-3-21
Section 37-3-21 Schedules or contracts of contract carriers; charges generally; rules, regulations
or practices. (a) It shall be the duty of every contract carrier by motor vehicle to file
with the commission, publish and keep open for public inspection, in the form and manner prescribed
by the commission, schedules or, in the discretion of the commission, copies of contracts
containing the minimum charges of such carrier for the transportation of passengers or property
in intrastate commerce in this state and any rule, regulation or practice affecting such charges
and the value of the service thereunder. No such contract carrier, unless otherwise provided
by this chapter, shall engage in the transportation of passengers or property in intrastate
commerce in this state unless the minimum charges for such transportation by said carrier
have been published, filed and posted in accordance with the provisions of this chapter. No
reduction shall be made in any such charge either directly or...
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9-16-103
Section 9-16-103 Alabama Surface Mining Fund. (a) All sums received through the payment of
fees, the forfeiture of bonds, the recovery of civil penalties or appropriations by the Legislature
shall be placed in the State Treasury and credited to an open account designated as the Alabama
Surface Mining Fund. This fund, which shall include the Alabama Surface Mining Reclamation
Fund established by Act No. 551, 1975 Regular Session, shall be available to the regulatory
authority for expenditure in the administration and enforcement of this article, and training,
reclamation and research programs; provided, that the proceeds from the forfeiture of any
bond shall be used to the extent required by law in completing reclamation and revegetation
of the area with respect to which the bond applies. Any unencumbered and any unexpended balance
of this fund remaining at the end of any fiscal year shall not lapse, but shall be carried
forward for the purposes of this article until expended. (b) There...
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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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41-22-22.1
Section 41-22-22.1 Review of board and commission rules and actions by Legislative Services
Agency, Legal Division, and Joint Committee on Administrative Regulation Review; fees. (a)
The Legislative Services Agency, Legal Division, shall review each rule certified to it by
a state board or commission that regulates a profession, a controlling number of the members
of which are active market participants in the profession, to determine whether the rule may
significantly lessen competition and, if so, whether the rule was made pursuant to a clearly
articulated state policy to displace competition. (b) If the Legislative Services Agency,
Legal Division, determines that a rule subject to subsection (a) may significantly lessen
competition, it shall determine whether the rule was made pursuant to a clearly articulated
state policy to displace competition, and shall certify those determinations to the committee.
The board or commission shall submit a position paper, a transcript of any...
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9-17-18
Section 9-17-18 Injunctions - Appeals. In any civil action where the board, in the name of
the state, seeks enforcement of this article or of any rule, regulation or order issued under
this article, as provided in Section 9-17-17 or in any civil action where an interested party
seeks to test the validity of or enjoin the enforcement of this article or any rule, regulation
or order issued under this article as provided in Section 9-17-16, either party shall have
the right of an immediate appeal to the Supreme Court from any judgment or order therein granting
or refusing an injunction, whether temporary restraining order, preliminary injunction or
permanent injunction, or other character of injunctive relief, or from any order granting
or overruling a motion to dissolve such injunction. The manner of presenting any appeal as
provided for in this section shall be governed by the provisions of the rules and laws of
the State of Alabama regulating appeals in injunction proceedings. (Acts...
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