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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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9-16-97
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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9-16-103
Section 9-16-103 Alabama Surface Mining Fund. (a) All sums received through the payment of
fees, the forfeiture of bonds, the recovery of civil penalties or appropriations by the Legislature
shall be placed in the State Treasury and credited to an open account designated as the Alabama
Surface Mining Fund. This fund, which shall include the Alabama Surface Mining Reclamation
Fund established by Act No. 551, 1975 Regular Session, shall be available to the regulatory
authority for expenditure in the administration and enforcement of this article, and training,
reclamation and research programs; provided, that the proceeds from the forfeiture of any
bond shall be used to the extent required by law in completing reclamation and revegetation
of the area with respect to which the bond applies. Any unencumbered and any unexpended balance
of this fund remaining at the end of any fiscal year shall not lapse, but shall be carried
forward for the purposes of this article until expended. (b) There...
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2-26-15
Section 2-26-15 Seed inspection fees; reporting. (a) The Board of Agriculture and Industries
may adopt seed inspection fees. The department shall administer the inspection fees, prescribe
and furnish forms, and require the filing of reports necessary for the payment of the inspection
fees. The department may inspect the record of any person who sells or distributes seed for
sale during the normal hours of business operation as it deems necessary. (b) All fees collected
under this section shall be deposited into the Agricultural Fund in the State Treasury. The
commissioner may expend revenue raised by this section for the support of the Alabama State
Seed Laboratory. (c) Every person who sells or distributes seed for sale, whether in bulk
or in containers, within the state or into the state for planting purposes, shall be assessed
a seed inspection fee as established by the board. (d) Every person who sells or distributes
seed for sale shall do all of the following: (1) Pay an...
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8-17-252
Section 8-17-252 Inspection where reasonable belief of violation; notification; citation; civil
action for relief. (a) Whenever the office or local issuing authority has reason to believe
that any person has engaged in, or is engaging in, or is about to engage in, any practice
or activity that is prohibited by this article, the office or issuing authority shall conduct
an inspection of the blasting operations and may order the permittee to monitor blast effects,
with seismographic readings, unless the same information is available to the office or issuing
authority as a result of a previous inspection. (b) When, on the basis of an inspection by
the office or issuing authority or seismic monitoring, it is determined by the office or issuing
authority that any person is in violation of any requirements of this article, and the violation
creates an imminent danger to the health, or safety of the public, or private property, the
local issuing authority shall immediately notify the office...
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9-16-107
Section 9-16-107 Effective date. This article shall become effective immediately upon: (1)
Its passage and approval by the Governor, or upon its otherwise becoming a law; and (2) Upon
the approval of the state regulatory program by the Secretary of Interior pursuant to Section
503 of P. L. 95-87, 30 U.S.C. §1253 (1977). However upon the passage and approval by the
Governor of this article, or upon its otherwise becoming a law the Alabama Surface Mining
Commission shall have the authority to promulgate those regulations necessary for the state
to retain exclusive jurisdiction over the regulation of surface coal mining and reclamation
operations pursuant to Section 503 of Public Law 95-87, 30 U.S.C. §1253 et seq. Any proceedings
currently being taken or previously taken by the Alabama Surface Mining Reclamation Commission
for the purpose of promulgating the necessary regulations shall be continued and considered
actions of the reconstituted commission. (Acts 1981, No. 81-435, p. 682,...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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12-21-401
Section 12-21-401 Definitions. In this article: (1) "Foreign jurisdiction" means
a state other than this state. (2) "Foreign subpoena" means a subpoena issued in
a civil action under authority of a court of record of a foreign jurisdiction. (3) "Person"
means an individual, corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, government, or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity. (4) "State"
means a state of the United States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession
subject to the jurisdiction of the United States. (5) "Subpoena" means a document,
however denominated, issued in a civil action under authority of a court of record requiring
a person to: (A) Attend and give testimony at a deposition. (B) Produce and permit inspection
and copying of...
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34-13-120
Section 34-13-120 License required; crematory requirements; application and inspection; records;
violations; rulemaking authority. (a) No person, firm, corporation, association, entity, or
funeral establishment, or branch thereof, may operate a crematory for the purpose of cremating
dead human bodies, unless licensed by the board as a funeral establishment and the crematory
being registered with the board and inspected by the board before any cremations of human
remains are performed. (b) A crematory shall satisfy all of the following requirements and
have the following minimum equipment, facilities, and personnel: (1) Registered with the board.
(2) Inspected by the board before performing any cremations. (3) Fixed on the premises of
a funeral establishment. For the purposes of this subdivision, fixed means permanently attached
to the real property where the establishment is situated. (4) Owned by the same individual,
partnership, or corporation as the funeral establishment. (5) Under...
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45-8-150.03
Section 45-8-150.03 Bingo games - Permits; ordinances. (a) No qualified organization shall
be permitted to operate a bingo game unless the county governing body, or the governing bodies
of the respective cities and towns, within their respective jurisdictions, issues a permit
to the organization authorizing it to do so. The permit required by this article is in addition
to, and not in lieu of, any other business license which may be required by law, and no bingo
game shall be operated until all required licenses have been obtained. A permit holder may
hold only one permit and that permit is valid for only one location. A permit is not assignable
or transferable. (b) The Calhoun County Commission, or any governing body for any municipality
wholly or partially located within Calhoun County, may establish an ordinance for the operation
of bingo games within its jurisdiction. Any ordinance adopted by a governing body shall be
at least as restrictive of the operation of bingo games as this...
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