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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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9-16-5
Section 9-16-5 Permit for engaging in surface mining operations - Application; issuance. (a)
Any operator desiring a permit shall file an application with the department upon a form furnished
by the department containing all of the following: (1) A brief description of the tract or
tracts of land and the estimated number of acres to be affected by the applicant's surface
mining thereon during the permit period. The description shall include the section, township,
range, and county in which the land is located and shall otherwise describe the land with
sufficient clarity so it may be located and distinguished from other lands. The description
shall also include a description of access to the area from the nearest public highway (2)
A statement by the applicant that the applicant has the right and power by legal estate owned
to mine by surface mining the land so described. The statement shall set forth by reference
the source of the applicant's right and power to so mine. (3) A statement...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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8-17-242
Section 8-17-242 Rules and regulations; orders; employment of personnel and purchasing of equipment.
(a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend,
repeal, and enforce reasonably necessary rules and regulations governing the use of explosives
in the blasting of stone, rock, or any other natural formation, or in any construction, quarry
work, or demolition of man-made structures. The rules and regulations adopted shall not be
more stringent than those promulgated by federal law, rule, or regulation to control surface
coal mining operations. The rules and regulations may apply to the state as a whole or may
vary from area to area in order to take into account varying local conditions. (b) The authority
granted to the State Fire Marshal shall not extend to surface coal mining operations, which
shall continue to be regulated by the Alabama Surface Mining Commission, pursuant to the Alabama
Surface Mining Control and Reclamation Act [Chapter 16...
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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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9-16-98
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...
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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...
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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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9-16-73
Section 9-16-73 Surface Mining Commission - Creation; composition; officers; compensation;
meetings; offices; funds; removal of members. (a) There is continued as previously established
the Alabama Surface Mining Reclamation Commission under the name of the Alabama Surface Mining
Commission for the purpose of transition in implementing and enforcing this article and carrying
out the intent and policy stated in Section 9-16-71. All members of the commission appointed
under authority of Section 9-16-33, shall continue their terms as created under that section
until all reappointments and filling of vacancies have been filled in the manner as provided
in this section. At the expiration of any term, that member shall continue in office until
an appointment occurs as provided in this section. After February 25, 1994, no member shall
serve more than two full consecutive terms of office. (b) The commission shall be composed
of seven members, who are fair and reasonable citizens of the state...
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9-17-24
Section 9-17-24 Notification requirement; hearing; fees; Alabama Oil and Gas Board Special
Fund. (a) Any person desiring or proposing to drill any well in search of oil or gas or any
person proposing to drill a Class II injection well as defined in the Federal Safe Drinking
Water Act, 42 U.S.C. ยง 300f et seq., before commencing the drilling of any such well, shall
notify the State Oil and Gas Supervisor upon the form as the State Oil and Gas Supervisor
may prescribe and shall pay to the State Treasurer a fee of three hundred dollars ($300) for
each well. The drilling of any well is hereby prohibited until notice is given and the fee
has been paid as herein provided. The State Oil and Gas Supervisor shall have the power and
authority to prescribe that the form indicate the exact location of the well, the name and
address of the owner, operator, contractor, driller, and any other person responsible for
the conduct of drilling operations, the proposed depth of the well, the elevation of...
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