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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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9-18-1
Section 9-18-1 Enactment of Southern Interstate Nuclear Compact. The Southern Interstate Nuclear
Compact is hereby enacted into law and entered into by the state of Alabama with any and all
states legally joining therein in accordance with its terms, in the form substantially as
follows: "SOUTHERN INTERSTATE NUCLEAR COMPACT "Article I. Policy and Purpose "The
party states recognize that the proper employment of nuclear energy, facilities, materials,
and products can assist substantially in the industrialization of the south and the development
of a balanced economy for the region. They also recognize that optimum benefit from and acquisition
of nuclear resources and facilities requires systematic encouragement, guidance, and assistance
from the party states on a cooperative basis. It is the policy of the party states to undertake
such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments
and framework for such a cooperative effort to improve...
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9-18A-1
Section 9-18A-1 Enactment of Southern States Energy Compact. The Legislature hereby enacts,
and the State of Alabama hereby enters into, the Southern States Energy Compact with any and
all states legally joining therein in accordance with its terms, in the form substantially
as follows: "SOUTHERN STATES ENERGY COMPACT "Article I. Policy and Purpose. "The
party states recognize that the proper employment and conservation of energy and employment
of energy-related facilities, materials, and products, within the context of a responsible
regard for the environment, can assist substantially in the industrialization of the south
and the development of a balanced economy for the region. They also recognize that optimum
benefit from an acquisition of energy resources and facilities require systematic encouragement,
guidance and assistance from the party states on a cooperative basis. It is the policy of
the party states to undertake such cooperation on a continuing basis; it is the purpose of...
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9-16-4
Section 9-16-4 Permit for engaging in surface mining operations - Required; exemptions; applicability.
(a) No operator shall engage in any surface mining, as defined in this article, after October
1, 1970, without a valid permit from the department to engage in the surface mining. A separate
permit shall be required for each such surface mining operation that is not contiguous to
a surface mining operation for which the operator has a valid permit. (b) Notwithstanding
anything to the contrary, this chapter shall not apply to surface mining to extract materials
for the use and benefit of the owner of the property being mined or of an interest therein,
the lessee of the property or a charitable institution or organization or governmental entity
and not for commercial sale. This exemption shall apply to all mining operations which meet
the requirements set forth in this section, including those mining operations for which permits
had been issued prior to October 1, 1997. Any permits for...
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9-16-99
Section 9-16-99 Surface mining operations not subject to this article. The provisions of this
article shall not apply to any of the following activities: (1) The extraction of coal by
a landowner for his own noncommercial use from land owned or leased by him; (2) For surface
mining operations affecting two acres or less, the regulatory authority may waive certain
requirements of this article where those requirements will not affect the reclamation of the
affected lands; (3) The extraction of coal as an incidental part of federal, state or local
government-financed highway or other construction under regulations established by the regulatory
authority; (4) The extraction of coal incidental to the extraction of other minerals where
coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for
commercial use or sale pursuant to regulations established by the regulatory authority. (Acts
1981, No. 81-435, p. 682, §31; Acts 1983, No. 83-774, p. 1415, §4.)...
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9-16-7
Section 9-16-7 Duties of operators. (a) Every operator to whom a permit is issued pursuant
to this article and who engages in surface mining on lands described in the permit shall:
(1) Submit to the department, no later than 90 days after expiration of the permit period,
a map or aerial photograph showing the location of the surface mining operation conducted
during the permit period by section, township, range, and county with other description to
identify the land upon which the operator has conducted surface mining during the permit period.
The map or aerial photograph shall include a legend showing the number of acres of affected
land and the reclamation to be made in accordance with this section. (2) Commence contemporaneous
reclamation of mined areas as set out in the comprehensive reclamation plan approved by the
department. Reclamation bonds shall be adjusted annually to reflect unreclaimed disturbed
acreage as well as reclaimed acreage released by the department. Failure to...
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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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9-16-104
Section 9-16-104 Reimbursement and funding. The regulatory authority shall make every effort
to obtain maximum reimbursement from the Director of the Office of Surface Mining Reclamation
and Enforcement for the costs of performing its duties under this article. The regulatory
authority is authorized to accept, administer and expend such funds or grants as it may receive,
including such funds as may be appropriated by the Legislature. (Acts 1981, No. 81-435, p.
682, §36.)...
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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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45-8-150.12
Section 45-8-150.12 Bingo games - Powers and duties of Calhoun County Bingo Regulatory Commission.
The Calhoun County Bingo Regulatory Commission may, for good cause shown, and after diligent
investigation subsequent to the receipt of an application pursuant to this article, recommend
to any governing body that a permit to operate bingo games in this county be issued or not
be issued to any applicant. The Calhoun County Bingo Regulatory Commission may, for good cause
shown, recommend to any governing body that a permit which has been issued to a permit holder
for the conducting of bingo games pursuant to this article be revoked or not be revoked. If,
after the Calhoun County Bingo Regulatory Commission recommends to the appropriate governing
body that a permit not be issued, or be revoked by the governing body, and the governing body
notwithstanding the recommendation of the commission issues the permit or fails to revoke
the permit, the Calhoun County Bingo Regulatory Commission shall...
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