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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-88.htm - 5K - Match Info - Similar pages
9-16-1.1
Section 9-16-1.1 Legislative findings. (a) The Alabama Legislature has found and determined the following: (1) A 1991 United States Department of the Interior audit report warned that the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately laying waste to mined land rather than restoring it. (2) The standards for coal mining reclamation have improved dramatically over the last 25 years. (3) The citizens of Alabama are endangered by unreclaimed highwalls, water impoundments, and open pits. (b) In view of these findings, the Legislature deems it necessary to deny the issuance of surface mine permits to operators who have demonstrated a pattern of willfully violating the mining law, and to improve environmental controls by requiring that highwalls be backfilled after mining. (Act 99-579, p. 1307, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-1.1.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-85.htm - 6K - Match Info - Similar pages
9-16-72
Section 9-16-72 Definitions. The following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings: (1) APPLICANT. Any person or legal entity who or which applied for a license or a permit to engage in surface coal mining operations. (2) APPROXIMATE ORIGINAL CONTOUR. That surface configuration achieved by filling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all high walls and spoil piles eliminated; water impoundments may be permitted where the commission determines that they are in compliance with this article. (3) COAL BROKER and COAL SALES AGENCY. Those persons whose principal business is the buying and reselling of coal, or the negotiation or soliciting of coal sales between operators and purchasers; where...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-72.htm - 7K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-17-242.htm - 1K - Match Info - Similar pages
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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9-16-93
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-93.htm - 9K - Match Info - Similar pages
9-16-99
Section 9-16-99 Surface mining operations not subject to this article. The provisions of this article shall not apply to any of the following activities: (1) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him; (2) For surface mining operations affecting two acres or less, the regulatory authority may waive certain requirements of this article where those requirements will not affect the reclamation of the affected lands; (3) The extraction of coal as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the regulatory authority; (4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for commercial use or sale pursuant to regulations established by the regulatory authority. (Acts 1981, No. 81-435, p. 682, §31; Acts 1983, No. 83-774, p. 1415, §4.)...
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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...
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9-16-5
Section 9-16-5 Permit for engaging in surface mining operations - Application; issuance. (a) Any operator desiring a permit shall file an application with the department upon a form furnished by the department containing all of the following: (1) A brief description of the tract or tracts of land and the estimated number of acres to be affected by the applicant's surface mining thereon during the permit period. The description shall include the section, township, range, and county in which the land is located and shall otherwise describe the land with sufficient clarity so it may be located and distinguished from other lands. The description shall also include a description of access to the area from the nearest public highway (2) A statement by the applicant that the applicant has the right and power by legal estate owned to mine by surface mining the land so described. The statement shall set forth by reference the source of the applicant's right and power to so mine. (3) A statement...
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