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9-16-125
Section 9-16-125 Reclamation program. (a) The Department of Labor, State Programs Division,
shall establish and maintain a state reclamation program for abandoned mines which complies
with Title IV of Public Law 95-87. The state reclamation program plan shall generally identify
the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship
of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific
criteria for ranking and identifying projects to be funded, and the legal authority and programmatic
capability to perform such work in conformance with the provisions of the federal act. (b)
The director shall annually submit to the secretary, an application for the support of the
state program and implementation of specific reclamation projects. Such requests shall include,
but shall not be limited to: (1) A general description of each proposed project; (2) A priority
evaluation of each proposed project; (3) A statement of...
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9-16-84
Section 9-16-84 Reclamation plans; contents. (a) Each reclamation plan submitted as part of
a permit application pursuant to the provisions of this article shall include, in the degree
of detail necessary to demonstrate that reclamation required can be accomplished, a statement
of: (1) The identification of the lands subject to surface coal mining operations over the
estimated life of those operations and the size, sequence, and timing of the sub-areas for
which it is anticipated that individual permits for mining will be sought; (2) The condition
of the land to be covered by the permit prior to any mining including: a. The uses existing
at the time of the application, and if the land has a history of previous mining, the uses
which preceded any mining; and b. The capability of the land prior to any mining to support
a variety of uses giving consideration to soil and foundation characteristics, topography,
and vegetative cover, and, if applicable, a soil survey prepared pursuant to...
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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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37-4-30
Section 37-4-30 Obtaining electric service under a private contract; definitions. (a) No existing
electric customer shall obtain electric service under a private contract for electric service
without first giving written notice to the utility currently providing it retail electric
service at least 45 days prior to the date on which the private contract for electric service
is to become effective. In the event any utility currently providing service to the existing
electric customer determines that it or its other electric customers will be adversely affected
by the loss of the existing electric customer due to the private contract for electric service,
it may, within 45 days of the date of the existing electric customer's written notice of a
private contract for electric service, file a petition for review of the private contract
for electric service as set forth below and service under such contract shall not be initiated
until 45 days after such review has been completed and an order...
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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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9-16-2
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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9-16-107
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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9-16-4
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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9-16-87
Section 9-16-87 Permits - Coal exploration. (a) Coal exploration operations including the removal
of coal samples for testing, assaying or other associated non-commercial purposes which substantially
disturb the natural land surface may be conducted after filing a notice of intention to explore,
including a description of the exploration area, the period of proposed exploration and provisions
for reclamation in accordance with Section 9-16-90. (b) Information submitted to the regulatory
authority pursuant to this section as confidential concerning trade secrets or privileged
commercial or financial information which relates to the competitive rights of the person
or entity intended to explore the described area shall not be available for public examination.
(c) Any person who conducts any coal exploration activities which substantially disturb the
natural land surface in violation of this section or regulations issued pursuant thereto shall
be subject to the enforcement provisions of...
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9-16-129
Section 9-16-129 Property subject to lien; statement by director; amount; priority. (a) Within
six months after the completion of projects to restore, reclaim, abate, control or prevent
adverse effects of past coal mining practices on privately owned land, the director shall
itemize the moneys so expended and may file a statement thereof in the probate judge's office
of the county in which the land lies together with a notarized appraisal by a qualified independent
appraiser of the value of the land before the restoration, reclamation, abatement, control
or prevention of adverse effects of past coal mining practices if the moneys so expended shall
result in a significant increase in property value. Such statement shall constitute a lien
upon the said land. The lien shall not exceed the amount determined by the appraisal to be
the increase in the market value of the land as a result of the restoration, reclamation,
abatement, control or prevention of the adverse effects of past coal...
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