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9-16-85
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...
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9-17-6
Section 9-17-6 Oil and Gas Board - Powers and duties generally. (a) The board shall have jurisdiction
and authority over all persons and property necessary to administer and enforce effectively
the provisions of this article and all other articles relating to the conservation of oil
and gas. (b) The board shall have the authority and it shall be its duty to make such inquiries
as it may think proper to determine whether or not waste, over which it has jurisdiction,
exists or is imminent. In the exercise of such power the board shall have the authority to
perform the following: (1) Collect data. (2) Make investigation and inspection. (3) Examine
properties, leases, papers, books, and records, including drilling records, logs, and other
geological and geophysical data. (4) Examine, check, test, and gauge oil and gas wells, tanks,
plants, processing facilities, structures, natural gas pipelines and gathering lines, and
storage and transportation equipment and facilities, and other modes...
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9-16-79
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-79.htm - 11K - Match Info - Similar pages
22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-2.htm - 14K - Match Info - Similar pages
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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9-16-82
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...
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9-16-89
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...
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9-16-76
Section 9-16-76 Conflict of interest; penalty. No officer or employee of the commission performing
any function or duty under this article, shall have a direct or indirect financial interest
in underground or surface coal mining operations. Whoever knowingly violates the provisions
of this section shall, upon conviction, be punished by a fine of not more than $2,500.00,
or by imprisonment for not more than one year, or both, and shall relinquish his commission
seat. (Acts 1981, No. 81-435, p. 682, §7.)...
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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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25-9-270
Section 25-9-270 Applicability of provisions. All other provisions of this chapter, except
those obviously peculiar to underground operations and also those specifically provided for
in this article, are applicable to surface mining operations. All provisions contained in
this article applicable to surface operations of underground coal mines and not specifically
covered elsewhere in this chapter apply to all coal mines. (Acts 1949, No. 207, p. 242, §72;
Acts 1975, 4th Ex. Sess., No. 147, p. 2866, §1.)...
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