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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the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately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.)...
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9-16-125
Section 9-16-125 Reclamation program. (a) The Department of Labor, State Programs Division,
shall establish and maintain a state reclamation program for abandoned mines which complies
with Title IV of Public Law 95-87. The state reclamation program plan shall generally identify
the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship
of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific
criteria for ranking and identifying projects to be funded, and the legal authority and programmatic
capability to perform such work in conformance with the provisions of the federal act. (b)
The director shall annually submit to the secretary, an application for the support of the
state program and implementation of specific reclamation projects. Such requests shall include,
but shall not be limited to: (1) A general description of each proposed project; (2) A priority
evaluation of each proposed project; (3) A statement of...
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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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9-16-2
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...
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9-16-12
Section 9-16-12 Disposition of fees and penalties. (a) All fees and penalties collected under
the provisions of this article shall be deposited in the General Fund of the State Treasury.
(b) All funds received from the forfeiture of bonds, sureties, cash, or governmental securities
shall be placed in the State Treasury and credited to a special agency account created and
designated as the Surface Mining Reclamation Fund. The department shall, for each bond, surety,
or deposit of cash or securities forfeited, utilize the proceeds of the forfeiture for the
reclamation of affected lands. The director may establish and carry out a systematic schedule
for the reclamation and revegetation of lands which have been affected by strip mining operations
and to which there is no obligation on any person to reclaim or revegetate. The department
may cause the reclamation work to be done by employees of other governmental agencies or through
contracts with qualified vendors. The department and any...
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9-16-81
Section 9-16-81 Licenses required; application; qualifications; fees. (a) All surface coal
mining operations shall be subject to this article, except as excluded in Section 9-16-99.
(b) No person shall engage in or carry out on lands within the state any surface coal mining
operations unless such person is a citizen of the United States or, if not a citizen of the
United States, a person who is legally present in the United States with appropriate documentation
from the federal government and has first obtained a license in accordance with this section.
The term of a license shall be continuous and shall authorize the licensee, subject to the
other provisions of this article, to engage in surface coal mining operations unless the license
shall be suspended or revoked in accordance with this article. Suspension, revocation, or
subcontracting shall in no way relieve the licensee of his or her obligation to comply with
the reclamation requirement of this article. (c) An applicant for a...
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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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9-9-27
Section 9-9-27 Viewing and assessment of lands by board of viewers; report of findings. (a)
Within 30 days after qualifying, the board of viewers shall begin its duties, and it may at
any time call upon the attorney of the district for legal advice and information relative
to its duties. Said viewers shall proceed to view the premises and determine the value of
all land and other property within or without the district to be acquired and used for rights-of-way
or other works of drainage, leveeing, reclamation, flood prevention or for the conservation,
development, utilization and disposal of water as set out in the water management plan. They
shall assess the amount of benefits and the amount of damages, if any, that will accrue to
each tract of 40 acres or less, according to the legal or recognized subdivisions of land
according to ownership, to public highways, railroad and other rights-of-way, railroads, roadways
and other property from carrying out and putting into effect the plan...
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9-10B-3
Section 9-10B-3 Definitions. For the purposes of this chapter, the following words and phrases,
unless a different meaning is plainly required by the context, shall have the following meanings:
(1) AREA OF THE STATE. Any municipality or county, including portions thereof, or other geographical
area of the state as may be designated by the commission pursuant to this chapter. (2) BENEFICIAL
USE. The diversion, withdrawal, or consumption of the waters of the state in such quantity
as is necessary for economic and efficient utilization consistent with the interests of this
state. (3) CAPACITY STRESS AREA. An area of the state designated by the commission pursuant
to this chapter where the commission determines that the use of the waters of the state, whether
ground water, surface water, or both, requires coordination, management, and regulation for
the protection of the interests and rights of the people of the state. (4) CERTIFICATE OF
USE. A certificate which shall be issued by the...
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11-24-2
Section 11-24-2 Submission, review, and approval of plats; permit. (a) It shall be the duty
of the owner and developer of each subdivision to have all construction completed in conformity
with this chapter and, prior to beginning any construction or development, to submit the proposed
plat to the county commission for approval and obtain a permit to develop as required in this
section. The permit to develop shall be obtained before the actual sale, offering for sale,
transfer, or lease of any lots from the subdivision or addition to the public, it must include
a plan to deliver utilities including water, and shall only be issued upon approval of the
proposed plat by the county commission. As a condition for the issuance of a permit, the county
commission may require any of the following for approval of the proposed plat: (1) The filing
and posting of a reasonable surety bond with the county commission by the developers of the
proposed subdivisions or proposed additions to guarantee the...
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