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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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9-16-123
Section 9-16-123 Reclamation priorities. Expenditures of moneys from the fund on eligible lands
and water shall reflect the following priorities in the order stated: (1) The protection of
public health, safety, general welfare, and property from extreme danger of adverse effects
of coal mining practices; (2) The protection of public health, safety and general welfare
from adverse effects of coal mining practices; (3) The restoration of land and water resources
and the environment previously degraded by adverse effects of coal mining practices including
measures for the conservation and development of soil, water (excluding channelization), woodland,
fish and wildlife, recreation resources, and agricultural productivity. (4) Research and demonstration
projects relating to the development of surface mining reclamation and water quality control
program methods and techniques; (5) The protection, repair, replacement, construction, or
enhancement of public facilities such as utilities,...
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9-16-130
Section 9-16-130 Filling voids, sealing tunnels, shafts, etc. (a) The Governor may request
the Secretary of Interior to authorize the director to fill voids, seal open or abandoned
tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mining
of minerals other than coal which the secretary determines could endanger life and property,
constitute a hazard to public health and safety, or degrade the environment. The director
is authorized and required to carry out such work pursuant to the request therefor by the
secretary. (b) Funds available for use in carrying out the purpose of this section shall be
limited to those funds which must be allocated to the state under the provisions of subsection
402(g) of Public Law 95-87. (c) In those instances where mine waste piles are being reworked
for conservation purposes, the incremental costs of disposing of the wastes from such operations
by filling voids and sealing tunnels may be eligible for funding providing...
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40-13-82
Section 40-13-82 (Repealed effective August 1, 2019) Levy and collection of tax; disposition
of funds; penalties. (a) There is levied an additional excise and privilege tax on every person
severing coal or lignite in this state in the amount of two and one-half cents ($0.025) per
ton of coal or lignite severed by underground mining, and five cents ($0.05) per ton of coal
or lignite severed by surface mining, except the maximum tonnage on which the severance tax
is levied against a person and a person's affiliates shall not in the aggregate exceed two
million tons per year. (b) The tax levied by this section shall be collected by the State
Department of Revenue and shall be deposited in a special fund in the State Treasury to be
used exclusively for the operation of the Surface Mining Commission. Monies in the fund are
continuously appropriated to the commission and no money in the fund shall revert to the State
Treasury at the end of a fiscal year. (c) Any person who fails to comply...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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9-16-122
Section 9-16-122 Abandoned Mine Reclamation Fund. (a) There is hereby created in the State
Treasury a special fund to be called the State Abandoned Mine Reclamation Fund which shall
receive all state and federal appropriations, grants and donations, and all other moneys available
for the purposes of this article, and such funds are hereby appropriated and made exclusively
available to be used as provided by this article and for the purposes herein stated. All fund
sources shall be separately accounted for. (b) Moneys in the fund may be used for the following
purposes: (1) Reclamation and restoration of land and water resources adversely affected by
past coal mining, including but not limited to reclamation and restoration of abandoned surface
mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing
and filling abandoned deep mine entries and voids, planting of land adversely affected by
past coal mining to prevent erosion and sedimentation;...
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11-54B-7
Section 11-54B-7 Review of self-help business improvement district plan and adoption of ordinance.
The municipality, upon review of the self-help business improvement district plan submitted,
may, after public hearing, adopt an ordinance to designate, establish, and maintain the area
described in the plan as a self-help business improvement district. The ordinance shall provide
for an effective date which is sixty (60) days from the date of adoption of the ordinance
by the municipality and shall provide that, if the owners of real property which represent
one-third ( 1/3 ) or more (by number) of all parcels of real property located within the geographical
area of the district file written objections to the establishment of the district with the
clerk of the municipality, the provisions of such ordinance shall be null and void and no
district shall be created. The ordinance shall designate the district management corporation
provided for in the plan as the district management...
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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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11-54B-46
Section 11-54B-46 Review of self-help business improvement district plan and adoption of ordinance.
The governing body of the municipality, upon review of the self-help business improvement
district plan and after public hearing, may adopt an ordinance to designate, establish, and
maintain the area described in the plan as a self-help business improvement district. The
ordinance shall provide for an effective date of 30 days from the date of adoption of the
ordinance by the governing body of the municipality and shall provide that, if the owners
of nonexempt real property representing 60 percent of the total fair market value of all real
property located within the district, or the owners of at least 50 percent of the parcels
of property located within the district; or, alternatively with respect to a district funded
by assessments against a particular class of businesses, if the owners of businesses, consistent
with the signatures required under subdivision (2) of Section 11-54B-44,...
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24-1-23
Section 24-1-23 Procedure for incorporation of authority; boundaries of authority; denial of
petition for incorporation; resubmission of petition after denial. Any 25 residents of a city
or of the area within 10 miles from the territorial boundaries thereof may file a petition
with the city clerk setting forth that there is a need for an authority to function in the
city and the surrounding area. Upon the filing of such a petition the city clerk shall give
notice of the time, place and purpose of a public hearing at which the council will determine
the need for an authority in the city and surrounding area. Such notice shall be given at
the city's expense by publishing a notice, at least 10 days preceding the day on which the
hearing is to be held, in a newspaper having a general circulation in the city and said surrounding
area or, if there be no such newspaper, by posting such a notice in at least three public
places within the city, at least 10 days preceding the day on which the...
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