Code of Alabama

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9-16-126
Section 9-16-126 Right of entry. (a) If the director makes a finding in writing with supporting
facts that: (1) Land or water resources have been adversely affected by past coal mining practices;
and (2) The adverse effects are at a stage where, in the public interest, action to restore,
reclaim, abate, control, or prevent should be taken; and (3) The owners of the land or water
resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse
effects of past coal mining practices are not known, or readily available; or (4) The owners
will not give permission for the state or its agents, employees, or contractors to enter upon
such property to restore, reclaim, abate, control, or prevent the adverse effects of past
coal mining practices. Then, upon giving notice by mail to the owners if known or if not known
by posting notice upon the premises and advertising once in a newspaper of general circulation
in the municipality in which the land lies, the...
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9-16-129
Section 9-16-129 Property subject to lien; statement by director; amount; priority. (a) Within
six months after the completion of projects to restore, reclaim, abate, control or prevent
adverse effects of past coal mining practices on privately owned land, the director shall
itemize the moneys so expended and may file a statement thereof in the probate judge's office
of the county in which the land lies together with a notarized appraisal by a qualified independent
appraiser of the value of the land before the restoration, reclamation, abatement, control
or prevention of adverse effects of past coal mining practices if the moneys so expended shall
result in a significant increase in property value. Such statement shall constitute a lien
upon the said land. The lien shall not exceed the amount determined by the appraisal to be
the increase in the market value of the land as a result of the restoration, reclamation,
abatement, control or prevention of the adverse effects of past coal...
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9-16-127
Section 9-16-127 Acquisition and disposition of lands. (a) The director, with the approval
of the Secretary of Interior, may acquire title in the name of the state to any land or interest
therein by purchase, donation, or condemnation if such land or interest is adversely affected
by past coal mining practices and upon a determination that acquisition of such land is necessary
to successful reclamation and that: (1) The acquired land after restoration, reclamation,
abatement, control or prevention of the adverse effects of past coal mining practices will
serve recreation and historical purposes, conservation and reclamation purposes or provide
open space benefits; and (2) Permanent facilities such as a treatment plant or a relocated
stream channel will be constructed on the land for restoration, reclamation, abatement, control
or prevention of the adverse effects of past coal mining practices; or (3) Acquisition of
coal refuse disposal sites and all coal refuse thereon will serve the...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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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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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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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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9-16-91
Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit...
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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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16-60-264
Section 16-60-264 Academy to conduct studies, research, demonstrations. The Alabama Mining
Academy shall conduct such studies, research, experiments, and demonstrations as may be appropriate:
(1) To improve working conditions and practices in coal or other mines, and to prevent accidents
and occupational diseases originating in the coal or other mining industry; (2) To prepare
and publish from time to time, reports on new, innovative approaches to safer, more productive
mining techniques; (3) To develop improved means or methods of training maintenance personnel;
(4) To develop and continually upgrade programs for the safety awareness training of Alabama
miners; (5) To develop and maintain state-of-the-art training for electrical personnel; (6)
To maintain and train two fully equipped well-trained mine rescue teams; (7) To develop techniques
for the prevention and control of roof falls; and (8) To develop new or improved means and
methods of mine ventilation. (Acts 1985, No. 85-760, p....
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