11-65-20
Section 11-65-20 Terms of operator's license. (a) An operator's license issued under this chapter,
whether for horse racing and pari-mutuel wagering thereon or for greyhound racing and pari-mutuel
wagering thereon, shall be for an initial period of 20 years, but shall be subject to renewal
as provided in this section. A commission shall have no power to modify the terms of an operator's
license, once issued, without the prior written consent of the holder of such license. An
operator's license shall be reviewed annually, but such license shall be revocable by the
commission only if the holder thereof shall not be in compliance with the provisions of this
chapter or the valid rules, regulations and orders of the commission and such noncompliance
shall have continued for 60 days after written notice shall be given to such holder by the
commission stating the circumstances of noncompliance and demanding corrective action. (b)
A commission issuing an operator's license shall state therein...
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9-16-106
Section 9-16-106 Provisions cumulative; certain laws not repealed. This article is cumulative
and is intended to preempt local, municipal, county and state regulation of surface coal mining
operations and to supplement existing state law and no part hereof shall be construed to repeal
or supersede an existing state law specifically enacted for the control, abatement or prevention
of water or air pollution. The Alabama Surface Mining Act of 1969 (Act 399, Regular Session
1969) now appearing as Sections 9-16-1 through 9-16-15, is not repealed as to the regulation
of the surface mining of clay, sand, gravel, ores, limestone, marble, dolomite, and other
minerals. The Little River Canyon Preservation Acts, Act 227, H. 49 and Act 524, H. 1225 of
the 1976 Regular Session (Acts of Alabama pages 243 and 669 respectively) are not repealed.
All other laws or parts of laws which are inconsistent with this article are hereby repealed.
(Acts 1981, No. 81-435, p. 682, §38.)...
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25-9-270
Section 25-9-270 Applicability of provisions. All other provisions of this chapter, except
those obviously peculiar to underground operations and also those specifically provided for
in this article, are applicable to surface mining operations. All provisions contained in
this article applicable to surface operations of underground coal mines and not specifically
covered elsewhere in this chapter apply to all coal mines. (Acts 1949, No. 207, p. 242, §72;
Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)...
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9-16-76
Section 9-16-76 Conflict of interest; penalty. No officer or employee of the commission performing
any function or duty under this article, shall have a direct or indirect financial interest
in underground or surface coal mining operations. Whoever knowingly violates the provisions
of this section shall, upon conviction, be punished by a fine of not more than $2,500.00,
or by imprisonment for not more than one year, or both, and shall relinquish his commission
seat. (Acts 1981, No. 81-435, p. 682, §7.)...
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9-16-97
Section 9-16-97 Water rights. (a) Nothing in this article shall be construed as affecting in
any way the right of any person to enforce or protect, under applicable law, his interest
in water resources affected by a surface coal mining operation. (b) The operator of a surface
coal mine shall replace the water supply of an owner of interest in real property who obtains
all or part of his supply of water for domestic, agricultural, industrial, or other legitimate
use from an underground or surface source where such supply has been affected by contamination,
diminution, or interruption proximately resulting from such surface coal mine operation. (Acts
1981, No. 81-435, p. 682, §29.)...
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9-16-107
Section 9-16-107 Effective date. This article shall become effective immediately upon: (1)
Its passage and approval by the Governor, or upon its otherwise becoming a law; and (2) Upon
the approval of the state regulatory program by the Secretary of Interior pursuant to Section
503 of P. L. 95-87, 30 U.S.C. §1253 (1977). However upon the passage and approval by the
Governor of this article, or upon its otherwise becoming a law the Alabama Surface Mining
Commission shall have the authority to promulgate those regulations necessary for the state
to retain exclusive jurisdiction over the regulation of surface coal mining and reclamation
operations pursuant to Section 503 of Public Law 95-87, 30 U.S.C. §1253 et seq. Any proceedings
currently being taken or previously taken by the Alabama Surface Mining Reclamation Commission
for the purpose of promulgating the necessary regulations shall be continued and considered
actions of the reconstituted commission. (Acts 1981, No. 81-435, p. 682,...
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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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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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37-15-4
Section 37-15-4 Notice of intent to excavate or demolish. (a) A permit issued pursuant to law
authorizing excavation or demolition operations shall not be deemed to relieve a person from
the responsibility for complying with this chapter. Any public agency issuing such permit
shall notify the person receiving the permit of the notification requirements of this chapter;
however, failure to provide such notification shall not make the State Department of Transportation
subject to the penalties provided for in Section 37-15-10. (b) Before commencing any excavation
or demolition operation prohibited by Section 37-15-3, each person responsible for the excavation
or demolition shall give telephonic or electronic notice of the intent to excavate or demolish
to the underground facility operator or the "One-Call Notification System" acting
on behalf of the operator at least two but not more than 10 working days prior to the start
of the proposed excavation, not including the day of...
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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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