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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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...
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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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9-16-73
Section 9-16-73 Surface Mining Commission - Creation; composition; officers; compensation;
meetings; offices; funds; removal of members. (a) There is continued as previously established
the Alabama Surface Mining Reclamation Commission under the name of the Alabama Surface Mining
Commission for the purpose of transition in implementing and enforcing this article and carrying
out the intent and policy stated in Section 9-16-71. All members of the commission
appointed under authority of Section 9-16-33, shall continue their terms as created
under that section until all reappointments and filling of vacancies have been filled
in the manner as provided in this section. At the expiration of any term, that member
shall continue in office until an appointment occurs as provided in this section. After
February 25, 1994, no member shall serve more than two full consecutive terms of office. (b)
The commission shall be composed of seven members, who are fair and reasonable citizens of
the state...
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9-16-81
Section 9-16-81 Licenses required; application; qualifications; fees. (a) All surface
coal mining operations shall be subject to this article, except as excluded in Section
9-16-99. (b) No person shall engage in or carry out on lands within the state any surface
coal mining operations unless such person is a citizen of the United States or, if not a citizen
of the United States, a person who is legally present in the United States with appropriate
documentation from the federal government and has first obtained a license in accordance with
this section. The term of a license shall be continuous and shall authorize the licensee,
subject to the other provisions of this article, to engage in surface coal mining operations
unless the license shall be suspended or revoked in accordance with this article. Suspension,
revocation, or subcontracting shall in no way relieve the licensee of his or her obligation
to comply with the reclamation requirement of this article. (c) An applicant for a...
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9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers
conferred on it by law, the commission shall have the power to do all of the following: (1)
Adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations, provided
such rules and regulations shall not be more stringent than those promulgated by federal law,
or rule or regulation, to control surface coal mining operations consistent with this article
including the declaration of public policy and legislative intent contained in Section
9-16-71. Such rules and regulations may be for the state as a whole or may vary from area
to area, as may be appropriate to accomplish the policy and intent of this article and in
order to take into account varying local conditions. (2) Hold public hearings as may be specified
by law relating to any aspect or matter in the administration of this article and, in connection
therewith, administer oaths and compel the attendance of witnesses and the...
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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...
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9-16-92
Section 9-16-92 Inspections; authority to inspect records, equipment, premises; etc.;
violations; maintenance of records, etc., by permittee; authority to enter upon all lands
of the state. (a) For the purpose of developing or assisting in the development, administration,
and enforcement of this article or in the administration and enforcement of any permit under
this article, or of determining whether any person is in violation of any requirement of this
article: (1) The regulatory authority shall require any permittee to (i) establish and maintain
appropriate records, (ii) make monthly reports to the regulatory authority, (iii) install,
use, and maintain any necessary monitoring equipment or methods, (iv) evaluate results in
accordance with such methods, at such locations, intervals, and in such manner as the regulatory
authority shall prescribe, and (v) provide such other information relative to surface coal
mining and reclamation operations as the regulatory authority deems...
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9-16-84
Section 9-16-84 Reclamation plans; contents. (a) Each reclamation plan submitted as
part of a permit application pursuant to the provisions of this article shall include, in
the degree of detail necessary to demonstrate that reclamation required can be accomplished,
a statement of: (1) The identification of the lands subject to surface coal mining operations
over the estimated life of those operations and the size, sequence, and timing of the sub-areas
for which it is anticipated that individual permits for mining will be sought; (2) The condition
of the land to be covered by the permit prior to any mining including: a. The uses existing
at the time of the application, and if the land has a history of previous mining, the uses
which preceded any mining; and b. The capability of the land prior to any mining to support
a variety of uses giving consideration to soil and foundation characteristics, topography,
and vegetative cover, and, if applicable, a soil survey prepared pursuant to...
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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...
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