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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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9-16-96
Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition;
review and public hearing; areas exempt from mining operations. (a)(1) The regulatory authority
shall establish a planning process enabling objective decisions based upon competent and scientifically
sound data and information as to which, if any, land areas of the state are unsuitable for
all or certain types of surface coal mining operations pursuant to the standards set forth
in subdivisions (2) and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the article of any area so designated. (2) Upon petition pursuant
to subsection (c) of this section, the regulatory authority shall designate an area as unsuitable
for all or certain types of surface coal mining operations if the regulatory authority determines
that reclamation pursuant to the requirements of this article is not technologically and economically
feasible. (3) Upon petition pursuant to...
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40-13-82
Section 40-13-82 (Repealed effective August 1, 2019) Levy and collection of tax; disposition
of funds; penalties. (a) There is levied an additional excise and privilege tax on every person
severing coal or lignite in this state in the amount of two and one-half cents ($0.025) per
ton of coal or lignite severed by underground mining, and five cents ($0.05) per ton of coal
or lignite severed by surface mining, except the maximum tonnage on which the severance tax
is levied against a person and a person's affiliates shall not in the aggregate exceed two
million tons per year. (b) The tax levied by this section shall be collected by the State
Department of Revenue and shall be deposited in a special fund in the State Treasury to be
used exclusively for the operation of the Surface Mining Commission. Monies in the fund are
continuously appropriated to the commission and no money in the fund shall revert to the State
Treasury at the end of a fiscal year. (c) Any person who fails to comply...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-127.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...
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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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22-22-1
Section 22-22-1 Short title; definitions. (a) This chapter may be cited as the "Alabama
Water Pollution Control Act." (b) For the purposes of this chapter, unless otherwise
indicated, the following terms shall have the meanings respectively ascribed to them by this
section: (1) COMMISSION. The Alabama Department of Environmental Management. (2) WATERS. All
waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water, wholly
or partially within the state, natural or artificial. This does not include waters which are
entirely confined and retained completely upon the property of a single individual, partnership
or corporation unless such waters are used in interstate commerce. (3) POLLUTION. The discharge
of a pollutant or combination of pollutants. A pollutant includes but is not limited to dredged
spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or...
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23-1-358
Section 23-1-358 Director - Powers and duties generally. In addition to all other responsibilities
prescribed for the department by this article, the director shall have the following powers
and duties with respect to aeronautics activities within this state: (1) Cooperate with the
United States government and any agency or department thereof in the acquisition, construction,
improvement, maintenance, and operation of airports and other air navigation facilities in
this state. (2) Comply with the provisions of the laws of the United States and any rules
or regulations made thereunder for the expenditure of federal monies upon airports and air
navigation facilities. (3) Enter or authorize the entering of land for the purpose of making
surveys, inspections, and examinations relative to the establishment, construction, expansion,
improvement, operation, and general safety of airports, restricted landing areas, and other
air navigation facilities. (4) Acquire easements through or other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-1-358.htm - 3K - Match Info - Similar pages
9-10-6
Section 9-10-6 Applications for construction permits; duties of Commissioner of Conservation
and Natural Resources as to granting of permits, etc.; enforcement of compliance with terms
and conditions of permits. (a) Before any construction work on any project may be undertaken
by any corporation created under the terms of this article, said corporation shall apply to
the Commissioner of Conservation and Natural Resources for a permit authorizing the proposed
development. The corporation shall furnish with the application for permit the following information:
preliminary plans consisting of maps, plats, plans and drawings showing the general features
of the development or developments it proposes to make, with amount of water which will be
required as related to the naturally available supply, the land areas and, if a multiple purpose
project, the other clients which will benefit from the development and such other details
as may be needed to make clear the extent and scope of the...
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22-30E-3
Section 22-30E-3 Definitions. Unless otherwise defined in this chapter, the definition of all
terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as
necessary may be promulgated as regulations by the department for further implementation of
this chapter. Also, as used in this chapter, the following words and terms have the following
meanings: (1) ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT COMMISSION. That commission
which is created in Section 22-30E-12. (2) APPLICANT. An owner or operator or prospective
purchaser of a qualifying property seeking to participate in the voluntary cleanup program
established pursuant to this chapter. (3) CERTIFICATE OF COMPLIANCE. A statement prepared
by a professional engineer or geologist licensed to practice in the State of Alabama which
certifies compliance with a voluntary cleanup plan required by Section 22-30E-9. (4) CLEANUP.
For purposes of this chapter, cleanup means the cleaning up, remediation,...
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