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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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9-16-121
Section 9-16-121 Definitions. For the purpose of this article the following terms shall have
the following meanings unless the context clearly indicates otherwise: (1) ABANDONED MINE
LANDS. Lands affected by the mining of coal prior to November 5, 1990, and left in either
an unreclaimed or inadequately reclaimed condition, and for which there is no continuing reclamation
responsibility required under state or federal law, and which continue in their present condition
to substantially degrade the quality of the environment, prevent or damage the beneficial
use of land or water resources, or endanger the health or safety of the public. (2) DIRECTOR.
The Secretary of Labor or his or her authorized agents or representatives. (3) FEDERAL ACT.
Title IV, "Abandoned Mine Reclamation," of Public Law 95-87 of the 95th U. S. Congress.
(4) FUND. State Abandoned Mine Reclamation Fund. (5) SECRETARY. The Secretary of the United
States Department of Interior. (6) STATE RECLAMATION PROGRAM. The state...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-121.htm - 1K - Match Info - Similar pages
9-8-25
Section 9-8-25 Powers and duties of districts; performance of work on private lands; acquisition,
etc., of land by public bodies; exemption from taxation. (a) A soil and water conservation
district organized under this article shall constitute a governmental subdivision of this
state and a public body, corporate and politic, exercising public powers, and such district
and the supervisors thereof shall have the following powers, in addition to others granted
in other sections of this article: (1) To carry out preventive and control measures within
the district including, but not limited to, engineering operations, methods of cultivation,
the growing of vegetation, changes in use of land, and other erosion control measures on lands
owned or controlled by this state or any of its agencies with the consent and cooperation
of the agency administering and having jurisdiction thereof and on any other lands within
the district upon obtaining the consent of the owner of such lands or the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-8-25.htm - 7K - Match Info - Similar pages
9-16-7
Section 9-16-7 Duties of operators. (a) Every operator to whom a permit is issued pursuant
to this article and who engages in surface mining on lands described in the permit shall:
(1) Submit to the department, no later than 90 days after expiration of the permit period,
a map or aerial photograph showing the location of the surface mining operation conducted
during the permit period by section, township, range, and county with other description to
identify the land upon which the operator has conducted surface mining during the permit period.
The map or aerial photograph shall include a legend showing the number of acres of affected
land and the reclamation to be made in accordance with this section. (2) Commence contemporaneous
reclamation of mined areas as set out in the comprehensive reclamation plan approved by the
department. Reclamation bonds shall be adjusted annually to reflect unreclaimed disturbed
acreage as well as reclaimed acreage released by the department. Failure to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-7.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-82.htm - 5K - Match Info - Similar pages
9-9-27
Section 9-9-27 Viewing and assessment of lands by board of viewers; report of findings. (a)
Within 30 days after qualifying, the board of viewers shall begin its duties, and it may at
any time call upon the attorney of the district for legal advice and information relative
to its duties. Said viewers shall proceed to view the premises and determine the value of
all land and other property within or without the district to be acquired and used for rights-of-way
or other works of drainage, leveeing, reclamation, flood prevention or for the conservation,
development, utilization and disposal of water as set out in the water management plan. They
shall assess the amount of benefits and the amount of damages, if any, that will accrue to
each tract of 40 acres or less, according to the legal or recognized subdivisions of land
according to ownership, to public highways, railroad and other rights-of-way, railroads, roadways
and other property from carrying out and putting into effect the plan...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-9-27.htm - 3K - Match Info - Similar pages
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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9-16-79
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-79.htm - 11K - Match Info - Similar pages
22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-2.htm - 14K - Match Info - Similar pages
2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or farm operation
shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127,
or any other law, or be deemed in violation of any municipal or county ordinance or resolution
heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance
other than zoning ordinances applicable thereto, if the farm or farm operation meets all of
the following requirements: (1) The owner of the land or a partner, officer, director, or
other principal thereof, does not act in a careless or wrongful manner, engage in the improper
operation of any farm or farm operation, or fail to act or perform a legal obligation. (2)
The owner of the land, or a partner, officer, director, or other principal thereof, resides
on the farm or actively participates in the operation of the farm, or leases the farm to a
person who resides on the farm or actively participates in...
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