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
/occupiers in such areas prior to any blasting; b. Maintain for a period of at least three
years and make available for public inspection upon request a log detailing the location of
the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole,
and the order and length of delay in the blasts; c. Limit the type of explosives and detonating
equipment, the size, the timing and frequency of blasts based upon the physical conditions
of the site so as to prevent (i) injury to persons, (ii) damage to public and private
property outside the permit area, (iii) adverse impacts on any underground mine, and (iv)
change in the course, channel, or availability of ground or surface water outside the permit
area; d. Require that all blasting operations be conducted by trained and competent persons
as certified by the regulatory authority; e. Provide that upon the request of a resident or
owner of a man-made dwelling or structure within one-half mile of any portion of...
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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
seam itself. (f) Each applicant for a permit shall be required to submit to the regulatory
authority as part of the permit application a certificate issued by an insurance company authorized
to do business in the state certifying that the applicant has a public liability insurance
policy in force for the surface mining and reclamation operations for which such permit is
sought, or evidence that the applicant has satisfied other state self-insurance requirements.
The policy shall provide for personal injury and property damage protection
in an amount adequate to compensate any persons damaged as a result of surface coal mining
and reclamation operations including use of explosives and entitled to compensation under
the applicable provisions of state law. The policy shall be maintained in full force and effect
during the terms of the permit or any renewal, including the length of all reclamation operations.
(g) Each applicant for a surface coal mining and reclamation permit shall...
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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
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 with the enforcement of mine safety regulations and
shall ensure that the person accompanying the inspector complies with appropriate safety standards
and regulations. The regulatory authority shall provide that the person accompanying the inspector
assumes the risk of personal injury where such injury results from conduct
of the operator which is neither negligent nor intentional and where the person accompanying
the inspector fails to comply with appropriate safety standards and regulations. (b) When
on the basis of an inspection by an authorized representative of the regulatory authority,
the regulatory authority or its authorized representative determines that any condition or
practice exists or that any permittee is in violation of any requirement of this...
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