Code of Alabama

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8-17-242
Section 8-17-242 Rules and regulations; orders; employment of personnel and purchasing
of equipment. (a) In addition to any other legal powers, the State Fire Marshal may adopt,
amend, suspend, repeal, and enforce reasonably necessary rules and regulations governing the
use of explosives in the blasting of stone, rock, or any other natural formation, or in any
construction, quarry work, or demolition of man-made structures. The rules and regulations
adopted shall not be more stringent than those promulgated by federal law, rule, or regulation
to control surface coal mining operations. The rules and regulations may apply to the state
as a whole or may vary from area to area in order to take into account varying local conditions.
(b) The authority granted to the State Fire Marshal shall not extend to surface coal mining
operations, which shall continue to be regulated by the Alabama Surface Mining Commission,
pursuant to the Alabama Surface Mining Control and Reclamation Act [Chapter 16...
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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not
exceed $5,000.00 for each violation. Each day of continuing violation may be deemed a separate
violation for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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9-16-120
Section 9-16-120 Legislative intent. It is the express intent of this Legislature by
the provisions of this article to provide for and implement a state program for abandoned
mine reclamation which complies with the provisions of Title IV, Public Law 95-87 of the 95th
U. S. Congress, known as the "Surface Mining Control and Reclamation Act of 1977".
(Acts 1981, No. 81-210, p. 254, §1.)...
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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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9-16-88
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...
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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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9-16-122
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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9-16-85
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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9-17-24
Section 9-17-24 Notification requirement; hearing; fees; Alabama Oil and Gas Board Special
Fund. (a) Any person desiring or proposing to drill any well in search of oil or gas or any
person proposing to drill a Class II injection well as defined in the Federal Safe Drinking
Water Act, 42 U.S.C. § 300f et seq., before commencing the drilling of any such well, shall
notify the State Oil and Gas Supervisor upon the form as the State Oil and Gas Supervisor
may prescribe and shall pay to the State Treasurer a fee of three hundred dollars ($300) for
each well. The drilling of any well is hereby prohibited until notice is given and the fee
has been paid as herein provided. The State Oil and Gas Supervisor shall have the power and
authority to prescribe that the form indicate the exact location of the well, the name and
address of the owner, operator, contractor, driller, and any other person responsible for
the conduct of drilling operations, the proposed depth of the well, the elevation of...
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32-7C-36
Section 32-7C-36 Legislative intent, scope, and construction of article. (a) It is the
intent of the Legislature to provide for uniformity of laws governing TNCs, TNC drivers, and
TNC vehicles throughout the state, and to provide that TNCs, TNC drivers, and TNC vehicles
be governed exclusively by state law, including Article 1 of this chapter, governing insurance
requirements for TNCs and TNC drivers, and any rules adopted by the commission consistent
with this article. (b) A county, municipality, special district, airport authority, port authority,
or other local governmental entity or subdivision may not do any of the following: (1) Impose
a tax on, or require a license for, a TNC or a TNC driver or TNC vehicle if the tax or license
relates to providing prearranged rides. (2) Require a TNC or a TNC driver to obtain a business
license or any other type of similar authorization to operate within the jurisdiction. (3)
Subject a TNC, a TNC driver, or a TNC vehicle to a rate, entry,...
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