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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and upon verification by inspection that the land to be withdrawn is not affected land resulting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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9-16-127
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
9-16-98
Section 9-16-98 Experimental practices. In order to encourage advances in mining and reclamation
practices or to allow post-mining land use for industrial, commercial, residential, or public
use (including recreational facilities), the regulatory authority with approval by the Secretary
of Interior may authorize departures in individual cases on an experimental basis from the
environmental protection performance standards promulgated under Sections 9-16-90 and 9-16-91
of this article. Such departures may be authorized if (i) the experimental practices are potentially
more or at least as environmentally protective, during and after mining operations, as those
required by promulgated standards; (ii) the mining operations approved for particular land
use or other purposes are no larger or more numerous than necessary to determine the effectiveness
and economic feasibility of the experimental practices; and (iii) the experimental practices
do not reduce the protection afforded public...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-98.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-77.htm - 1K - Match Info - Similar pages
24-1-106
Section 24-1-106 Public hearings and application to Secretary of State required for incorporation
or change in area of operation. The governing body of a county shall not adopt any resolution
authorized by Sections 24-1-102, 24-1-104, or 24-1-105 unless a public hearing has first been
held which shall conform, except as otherwise provided in this article, to the requirements
of this chapter for hearings to determine the need for a housing authority of a county; provided,
that such hearings may be held by the governing body without a petition therefor. No housing
authority shall constitute a body corporate and politic under this article until the commissioners
of such authority have filed and recorded an application therefor with the Secretary of State,
which shall conform, insofar as may be applicable, to the provisions of this chapter for the
making, filing, and recording of an application with the Secretary of State by the commissioners
of a housing authority created for a county;...
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9-16-103
Section 9-16-103 Alabama Surface Mining Fund. (a) All sums received through the payment of
fees, the forfeiture of bonds, the recovery of civil penalties or appropriations by the Legislature
shall be placed in the State Treasury and credited to an open account designated as the Alabama
Surface Mining Fund. This fund, which shall include the Alabama Surface Mining Reclamation
Fund established by Act No. 551, 1975 Regular Session, shall be available to the regulatory
authority for expenditure in the administration and enforcement of this article, and training,
reclamation and research programs; provided, that the proceeds from the forfeiture of any
bond shall be used to the extent required by law in completing reclamation and revegetation
of the area with respect to which the bond applies. Any unencumbered and any unexpended balance
of this fund remaining at the end of any fiscal year shall not lapse, but shall be carried
forward for the purposes of this article until expended. (b) There...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-103.htm - 1K - Match Info - Similar pages
9-16-2
Section 9-16-2 Definitions. Unless clearly indicated otherwise by the context, as used in this
article, the following terms have the following meanings: (1) AFFECTED LAND. The area of land
from which overburden has been removed or upon which overburden has been deposited after October
1, 1970. (2) CONTEMPORANEOUS. Occurring at the same time as a surface mining operation and
in conjunction with the grading activities at the site. (3) CONTIGUOUS. In actual contact,
touching, as contrasted with being near but not in contact. (4) DEPARTMENT. The Department
of Industrial Relations of the State of Alabama or any department, bureau, or commission as
may lawfully succeed to the powers and duties of the department relating to mining operations.
(5) DIRECT SEEDING. The planting of seeds by hand sowing, machine sowing, or aerial seeding.
(6) DIRECTOR. Director of the department or officer, bureau, or commission as may lawfully
succeed to the powers and duties of the director. (7) HIGHWALL. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-2.htm - 3K - Match Info - Similar pages
15-18-179
Section 15-18-179 Application for incorporation; certificate of incorporation; amendment; board
of directors; dissolution; funding; competitive bidding laws not applicable. (a) A public
corporation may be organized as a community punishment and corrections authority pursuant
to this article in any county or group of counties located in one or more judicial circuits.
In order to incorporate the public corporation, any number of natural persons, not less than
three, who are duly qualified electors of a proposed county or counties shall first file a
written application with the county commission or any two or more thereof. The application
shall contain all of the following: (1) The names of each county commission with which the
application is filed. (2) A statement that the applicants propose to incorporate an authority
pursuant to this article. (3) The proposed location of the principal office of the authority.
(4) A statement that each of the applicants is a duly qualified elector of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-179.htm - 14K - Match Info - Similar pages
9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application by
a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources,
acting through the Lands Division of the department, shall issue a permit for the construction
and maintenance of a beach project by the coastal municipality under the authority of Article
11 of Chapter 47 of Title 11, provided all of the requirements of this section shall have
been satisfied. (b) The application for a beach project shall contain, at a minimum, all of
the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-15-56.htm - 6K - Match Info - Similar pages
9-16-11
Section 9-16-11 Enforcement of provisions of article - Institution of civil action for enforcement
of final order of director; engaging in surface mining without valid permit; willful misrepresentations,
etc., in applications; rights of exception and appeal. (a) Should the director determine that
any final order or determination made by him, not then the subject of judicial review, is
being violated by any operator, then the director may cause to have instituted a civil action
in any court of competent jurisdiction to forfeit the bond of the operator as to land affected
by the operator's violation of this article or for injunctive or other appropriate relief
to prevent any further or continued violation of such final order or determination. (b) Any
person required by this article to have a permit who engages in surface mining without a valid
permit to do so as prescribed by this article shall be deemed guilty of a violation of this
article and, upon complaint made by the director in a...
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