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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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9-16-87
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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9-16-4
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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9-16-77
Section 9-16-77 Division of Hearings and Appeals. (a) There is created a Division of Hearings
and Appeals within the Alabama Surface Mining Commission to enforce this article. The division
shall have such powers and authority as required by law and as delegated by the director.
(b) The commission may hire or contract with hearing officers to hear and determine appeals
from regulatory, enforcement, or other activities of the commission. A hearing officer shall
be a member of and in good standing with the Alabama State Bar. (c) No person shall serve
as a hearing officer who has any direct or indirect financial interest in an underground or
surface coal mining operation or who has been employed by or represented any coal mine operator
within the previous 24 months. (Acts 1981, No. 81-435, p. 682, §8; Act 2010-498, p. 768,
§1.)...
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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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9-16-2
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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9-16-105
Section 9-16-105 Constitutionality and validity of article. (a) If Public Law 95-87, or any
rule or regulation promulgated thereunder or any part of such Public Law 95-87, is adjudged
unconstitutional or invalid for any reason, then such provisions of this article, or such
rules or regulations as were adopted in order to comply with the provisions of Public Law
95-87 which correspond to such constitutional or invalid provisions shall become void and
be of no further force and effect, and any regulations adopted by the commission implementing
such provisions, or corresponding to any federal rules or regulations which are declared unconstitutional
or invalid shall become void and be of no further force or effect. In the event Public Law
95-87 or any part thereof or any rule or regulation promulgated thereunder is enjoined, suspended
or the enforcement thereof is stayed pending litigation, then the commission shall immediately
suspend the enforcement of the corresponding section or...
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9-16-78
Section 9-16-78 Hearing officer; powers; witness fees. (a) No hearing officer shall participate
in a hearing if he or she has an interest therein. At any such hearing all testimony shall
be given under oath and be recorded, but need not be transcribed unless an appeal is made.
(b) The manner in which hearings before hearing officers shall be presented and the conduct
of hearings and appeals before hearing officers shall be in accordance with regulations prescribed
by the regulatory authority. (c) In the discharge of his or her duties under this article,
any hearing officer shall have power to administer oaths, certify to official acts, take and
cause to be taken depositions of witnesses, issue and serve subpoenas, compel the attendance
of witnesses and the production of papers, books, accounts, payrolls, documents, records,
and testimony, provide for site inspections or inspections of other operations. In the event
of failure of any person to comply with any subpoena lawfully issued,...
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25-9-84
Section 25-9-84 Coursing of air. (a) Two available openings to the surface are required from
each seam or stratum of coal worked. In drift or slope mines, such openings provided after
August 12, 1949, must be separated by not less than 40 feet of natural strata, and all crosscuts
between them shall be closed with stoppings of fireproof material. In shaft mines, such openings
provided after August 12, 1949, must be separated by not less than 200 feet of natural strata.
The second opening may be made through an adjoining mine. Until these provisions are met,
not over five men in a drift, 10 men in a slope, and 20 men in a shaft shall work in the mine
at one time, and no additional development shall be permitted until the connection is made
to the second opening. In mines wherein final pillar robbing operations necessitate closing
the second opening, the above limitations as to the number of men permitted to work will apply
until the mine is worked out and abandoned. (b) Both openings...
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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. § 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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