9-16-6
Section 9-16-6 Permit for engaging in surface mining operations - Amendments. (a) An operator
desiring to amend a permit issued to him to include additional land may file an amended application
with the department. Upon receipt of the amended application, such increase in the bond or
surety as may be required under the provisions of this article and payment of a $50.00 fee,
the department shall issue an amendment to the original permit covering the additional land
described in the amended application for the period of time remaining in the original permit.
(b) An operator desiring to amend a permit issued to him to withdraw land covered by such
permit may file an amended application with the department. Upon receipt of the amended application
and upon verification by inspection that the land to be withdrawn is not affected land resulting
from surface mining of the applicant, the department shall proportionately reduce the bond
or the security filed by the applicant pursuant to the...
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9-15-10
Section 9-15-10 Notice, etc., of change in status, disposition or acquisition of used and unused
lands. (a) If at any future time any institution or department of the State of Alabama shall
deem it advisable to make use of any unused land owned by it, it shall notify the Land Agent,
Department of Conservation and Natural Resources, who shall place said land on the "used
land" list, and should any institution or department of the State of Alabama abandon
the use to which any "used land" is then being put, it shall notify the Land Agent,
Department of Conservation and Natural Resources, of such abandonment and the land shall be
reclassified on records in the office of the Land Agent, Department of Conservation and Natural
Resources, as "unused land." (b) Should any land owned by any institution or department
of the State of Alabama be leased, sold or otherwise disposed of by any institution or department
of the State of Alabama owning same, such institution or department shall...
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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
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...
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9-16-130
Section 9-16-130 Filling voids, sealing tunnels, shafts, etc. (a) The Governor may request
the Secretary of Interior to authorize the director to fill voids, seal open or abandoned
tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mining
of minerals other than coal which the secretary determines could endanger life and property,
constitute a hazard to public health and safety, or degrade the environment. The director
is authorized and required to carry out such work pursuant to the request therefor by the
secretary. (b) Funds available for use in carrying out the purpose of this section shall be
limited to those funds which must be allocated to the state under the provisions of subsection
402(g) of Public Law 95-87. (c) In those instances where mine waste piles are being reworked
for conservation purposes, the incremental costs of disposing of the wastes from such operations
by filling voids and sealing tunnels may be eligible for funding providing...
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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...
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9-15-9
Section 9-15-9 Preparation and disposition of records showing ownership, general character,
disposition, etc., of used and unused lands. Upon the filing of the list required to be filed
by Section 9-15-8, the Land Agent, Department of Conservation and Natural Resources, shall
cause a record to be compiled, which record shall list by counties all lands owned or held
in trust by an institution or department of the State of Alabama, as shown by lists mentioned
in Section 9-15-8. Such record shall also show the ownership of such lands and whether or
not the same are used or unused lands, as defined in Section 9-15-1, and said record shall
further show the general character of such land, that is, whether chiefly valuable for agricultural,
mining, timber culture or other use and the use to which the same is being put. If at any
future time any of the said lands shall be leased or sold or otherwise disposed of, or should
unused lands become used lands or used lands become unused lands, such...
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9-16-77
Section 9-16-77 Division of Hearings and Appeals. (a) There is created a Division of Hearings
and Appeals within the Alabama Surface Mining Commission to enforce this article. The division
shall have such powers and authority as required by law and as delegated by the director.
(b) The commission may hire or contract with hearing officers to hear and determine appeals
from regulatory, enforcement, or other activities of the commission. A hearing officer shall
be a member of and in good standing with the Alabama State Bar. (c) No person shall serve
as a hearing officer who has any direct or indirect financial interest in an underground or
surface coal mining operation or who has been employed by or represented any coal mine operator
within the previous 24 months. (Acts 1981, No. 81-435, p. 682, §8; Act 2010-498, p. 768,
§1.)...
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9-15-8
Section 9-15-8 Filing of lists of used and unused lands by state departments and institutions;
filing of lists of improvements made on said lands; disposition of lists. It shall be the
duty of each state department or institution of the State of Alabama which holds the legal
title to or any interest in any lands in the State of Alabama and any department charged by
law with the administration, control or management of any state department or institutional
lands to file in the office of the Land Agent within the Department of Conservation and Natural
Resources a complete list of all lands of whatsoever kind to which it holds the legal title
or in which it claims any interest. If any land is held by any person, firm, corporation,
department or institution of the State of Alabama for the use and benefit of any institution
or department of the State of Alabama, such land shall also be included in such list to be
filed in the office of the Land Agent, Department of Conservation and Natural...
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9-17-24
Section 9-17-24 Notification requirement; hearing; fees; Alabama Oil and Gas Board Special
Fund. (a) Any person desiring or proposing to drill any well in search of oil or gas or any
person proposing to drill a Class II injection well as defined in the Federal Safe Drinking
Water Act, 42 U.S.C. § 300f et seq., before commencing the drilling of any such well, shall
notify the State Oil and Gas Supervisor upon the form as the State Oil and Gas Supervisor
may prescribe and shall pay to the State Treasurer a fee of three hundred dollars ($300) for
each well. The drilling of any well is hereby prohibited until notice is given and the fee
has been paid as herein provided. The State Oil and Gas Supervisor shall have the power and
authority to prescribe that the form indicate the exact location of the well, the name and
address of the owner, operator, contractor, driller, and any other person responsible for
the conduct of drilling operations, the proposed depth of the well, the elevation of...
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