Code of Alabama

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Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to... - 30K - Match Info - Similar pages

Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit... - 10K - Match Info - Similar pages

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... - 6K - Match Info - Similar pages

Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers conferred
on it by law, the commission shall have the power to do all of the following: (1) Adopt, amend,
suspend, repeal, and enforce reasonably necessary rules and regulations, provided such rules
and regulations shall not be more stringent than those promulgated by federal law, or rule
or regulation, to control surface coal mining operations consistent with this article including
the declaration of public policy and legislative intent contained in Section 9-16-71. Such
rules and regulations may be for the state as a whole or may vary from area to area, as may
be appropriate to accomplish the policy and intent of this article and in order to take into
account varying local conditions. (2) Hold public hearings as may be specified by law relating
to any aspect or matter in the administration of this article and, in connection therewith,
administer oaths and compel the attendance of witnesses and the... - 8K - Match Info - Similar pages

Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not... - 11K - Match Info - Similar pages

Section 9-16-89 Performance bonds and bond releases. (a) After a surface coal mining and reclamation
permit application has been approved but before such a permit is issued, the applicant shall
file with the regulatory authority, on a form prescribed and furnished by the regulatory authority,
a bond for performance payable to the state and conditioned upon faithful performance of all
the requirements of this article and the permit. The bond shall cover all lands disturbed
by the surface coal mining operation and the amount of the initial bond shall be such to cover
that area of land within the permit area upon which the operator will initiate and conduct
surface coal mining and reclamation operations within the initial term of the permit. As succeeding
increments of surface coal mining and reclamation operations are to be initiated and conducted
within the permit area, the permittee shall file with the regulatory authority an additional
bond or bonds to cover such increments in... - 10K - Match Info - Similar pages

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... - 9K - Match Info - Similar pages

Section 9-16-82 Permits - Required; term; successor in interest; termination; renewal; application.
(a) No person shall engage in surface coal mining operations at a particular location except
as a subcontractor of the permittee of that location until such person has been issued a permit
by the regulatory authority for that location in accordance with the provisions of this section.
The term of a permit shall not exceed five years and shall authorize the permittee to engage
in surface coal mining operations within the permitted area, unless sooner suspended or revoked
in accordance with the provisions of this article. However, if the applicant demonstrates
that a specified longer term is reasonably needed to allow the applicant to obtain the necessary
financing for equipment and the opening of the operation and that the application is full
and complete for such specified longer term, the regulatory authority may grant a permit for
such longer term. A successor in interest of a... - 5K - Match Info - Similar pages

Section 9-16-72 Definitions. The following words and phrases, unless a different meaning is
plainly required by the context, shall have the following meanings: (1) APPLICANT. Any person
or legal entity who or which applied for a license or a permit to engage in surface coal mining
operations. (2) APPROXIMATE ORIGINAL CONTOUR. That surface configuration achieved by filling
and grading of the mined area so that the reclaimed area, including any terracing or access
roads, closely resembles the general surface configuration of the land prior to mining and
blends into and complements the drainage pattern of the surrounding terrain, with all high
walls and spoil piles eliminated; water impoundments may be permitted where the commission
determines that they are in compliance with this article. (3) COAL BROKER and COAL SALES AGENCY.
Those persons whose principal business is the buying and reselling of coal, or the negotiation
or soliciting of coal sales between operators and purchasers; where... - 7K - Match Info - Similar pages

Section 9-16-85 Permits - Approval or denial by authority; filing of violation schedule; issuance
to mine on prime farm land. (a) Upon the basis of a complete mining application and reclamation
plan or a revision or renewal thereof, as required by this article, following public notification
and opportunity for a public hearing as required by Section 9-16-88, the regulatory authority
shall grant, require modification of, or deny the permit within 30 days and notify the applicant
in writing of its action. The applicant for a permit, or revision of a permit, shall have
the burden of establishing that his application is in compliance with all the requirements
of this article. Within 10 days after the granting of a permit, the regulatory authority shall
notify the local governmental officials in the local political subdivision in which the area
of land to be affected is located that a permit has been issued and shall describe the location
of the land. (b) No permit or revision application... - 6K - Match Info - Similar pages

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