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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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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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9-16-12
Section 9-16-12 Disposition of fees and penalties. (a) All fees and penalties collected under
the provisions of this article shall be deposited in the General Fund of the State Treasury.
(b) All funds received from the forfeiture of bonds, sureties, cash, or governmental securities
shall be placed in the State Treasury and credited to a special agency account created and
designated as the Surface Mining Reclamation Fund. The department shall, for each bond, surety,
or deposit of cash or securities forfeited, utilize the proceeds of the forfeiture for the
reclamation of affected lands. The director may establish and carry out a systematic schedule
for the reclamation and revegetation of lands which have been affected by strip mining operations
and to which there is no obligation on any person to reclaim or revegetate. The department
may cause the reclamation work to be done by employees of other governmental agencies or through
contracts with qualified vendors. The department and any...
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9-16-101
Section 9-16-101 Leases of certain lands. The regulatory authority is hereby vested with the
authority and responsibility for consulting with all institutions of this state which own
lands or mineral interests relating to all coal leases proposed to be entered into by such
institutions. The regulatory authority is hereby designated as the agency of the State of
Alabama for reviewing and approving such coal leases. Upon submission of any such proposed
lease, the regulatory authority shall, within 45 days, by order approve or disapprove such
proposed lease; upon failure of the regulatory authority to act within such time, such lease
shall be conclusively presumed approved. In any case in which the regulatory authority refuses
to approve the execution of such a lease, the proposed lessee may demand a hearing before
a hearing officer pursuant to the provisions of Section 9-16-78 and 9-16-79 of this article
with all rights of appeal as set forth. (Acts 1981, No. 81-435, p. 682, §33.)...
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9-16-100
Section 9-16-100 Confidentiality of records. Any record, report or information required to
be submitted to the regulatory authority by a licensee or permittee pursuant to this article
shall be available to the public, except as provided elsewhere in this article and except
that upon a verified representation to the regulatory authority by an applicant, licensee
or permittee that a record, report or information, or particular part thereof, to which the
regulatory authority has access under this article, if made public, would divulge production
or financial data or methods, processes or production unique to the person or would otherwise
tend to affect adversely the competitive position of the person, the regulatory authority
shall treat the record, report or information or particular portion thereof as confidential
in the administration of this article. (Acts 1981, No. 81-435, p. 682, §32.)...
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45-29-90.11
Section 45-29-90.11 Regulation of zoning, planning, and construction. For the purpose of promoting
the health, safety, morals, convenience, environment order, prosperity, and general welfare,
all power and authority regarding zoning and planning within the management area is hereby
vested in the board of directors of the authority. As described herein, no regulated activity
shall commence without the applicant having first obtained a land use certificate as issued
by the authority. (1) The board is authorized to regulate the planning, zoning, and construction
within the management area of all activity involving public streets, public roads, subdivisions,
drainage structures in subdivisions, mobile home parks, residential and commercial developments,
apartments, recreation parks, coal mining, gas/oil and methane exploration and development,
excavation, and logging. The board is hereby authorized to adopt and enforce such ordinances
as shall be necessary to implement any development...
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9-16-102
Section 9-16-102 Reports of certain coal sales. Any person engaged in the business of coal
brokering or operating a coal sales agency in the State of Alabama and each and every person,
corporation or other legal entity operating an electric system for the sale of electric energy
for resale, sale to the public or sale to its members and each and every industrial purchaser
of coal in the State of Alabama shall report, on a form to be furnished by the regulatory
authority, at intervals of not less than 60 days, the name, address, license number and permit
number of the producer of all coal purchased by it since its last reporting period. In the
event that any person named in the preceding sentence purchases coal mined outside of the
State of Alabama, such facts shall be so noted on the form described above. Failure of the
persons described in this section to render such reports shall constitute a misdemeanor punishable
by fine of not more than $5,000.00; provided, that prior to...
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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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9-11-174
Section 9-11-174 Compliance with water safety laws. The provisions of Chapter 5 of Title 33
of this code requiring a diver's flag to be displayed on the surface of the water where skin
divers are operating and any and all other present and future regulations promulgated under
authority of said act which affect the operation of skin divers must be obeyed by spear fishermen
when engaged in spearfishing under authority of this article. (Acts 1961, Ex. Sess., No. 266,
p. 2282, §4.)...
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9-16-86
Section 9-16-86 Permits - Revisions; application; revision or modification by authority. (a)(1)
During the term of the permit the permittee may submit an application for a revision of the
permit, together with a revised reclamation plan, to the regulatory authority. (2) An application
for a revision of a permit shall not be approved unless the regulatory authority finds that
reclamation as required by this article can be accomplished under the revised reclamation
plan. The revision shall be approved or disapproved within a period of time established by
the regulatory authority's regulations. The regulatory authority shall establish guidelines
for a determination of the scale or extent of a revision request for which all permit application
information requirements and procedures, including notice and hearings, shall apply; provided,
that any revisions which propose significant alterations in the reclamation plan shall, at
a minimum, be subject to notice and hearing requirements. (3) Any...
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