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9-16-72
Section 9-16-72 Definitions. The following words and phrases, unless a different meaning is
plainly required by the context, shall have the following meanings: (1) APPLICANT. Any person
or legal entity who or which applied for a license or a permit to engage in surface coal mining
operations. (2) APPROXIMATE ORIGINAL CONTOUR. That surface configuration achieved by filling
and grading of the mined area so that the reclaimed area, including any terracing or access
roads, closely resembles the general surface configuration of the land prior to mining and
blends into and complements the drainage pattern of the surrounding terrain, with all high
walls and spoil piles eliminated; water impoundments may be permitted where the commission
determines that they are in compliance with this article. (3) COAL BROKER and COAL SALES AGENCY.
Those persons whose principal business is the buying and reselling of coal, or the negotiation
or soliciting of coal sales between operators and purchasers; where...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-72.htm - 7K - Match Info - Similar pages
9-16-89
Section 9-16-89 Performance bonds and bond releases. (a) After a surface coal mining and reclamation
permit application has been approved but before such a permit is issued, the applicant shall
file with the regulatory authority, on a form prescribed and furnished by the regulatory authority,
a bond for performance payable to the state and conditioned upon faithful performance of all
the requirements of this article and the permit. The bond shall cover all lands disturbed
by the surface coal mining operation and the amount of the initial bond shall be such to cover
that area of land within the permit area upon which the operator will initiate and conduct
surface coal mining and reclamation operations within the initial term of the permit. As succeeding
increments of surface coal mining and reclamation operations are to be initiated and conducted
within the permit area, the permittee shall file with the regulatory authority an additional
bond or bonds to cover such increments in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-89.htm - 10K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-107.htm - 1K - Match Info - Similar pages
9-16-76
Section 9-16-76 Conflict of interest; penalty. No officer or employee of the commission performing
any function or duty under this article, shall have a direct or indirect financial interest
in underground or surface coal mining operations. Whoever knowingly violates the provisions
of this section shall, upon conviction, be punished by a fine of not more than $2,500.00,
or by imprisonment for not more than one year, or both, and shall relinquish his commission
seat. (Acts 1981, No. 81-435, p. 682, §7.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-76.htm - 813 bytes - Match Info - Similar pages
9-10B-23
Section 9-10B-23 Authority of Alabama Department of Environmental Management to implement and
enforce rules and regulations. (a) In the event the commission adopts or promulgates any rules
or regulations limiting or reducing the quantity of water available to a person holding a
certificate of use, the implementation and enforcement of such rules and regulations shall
be under the direction of the Alabama Department of Environmental Management. (b) The Alabama
Department of Environmental Management and the Alabama Environmental Management Commission
are hereby expressly authorized to perform the following duties and functions with respect
to the implementation and enforcement of the rules and regulations adopted by the commission:
(1) To receive copies of all reports or other documents submitted to the Office of Water Resources
by holders of certificates of use within a capacity stress area; (2) Acting through the Alabama
Department of Environmental Management, to issue an order...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-10B-23.htm - 2K - Match Info - Similar pages
22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Environmental Management
Commission or its designee, to compel obedience by contempt...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-7.htm - 6K - Match Info - Similar pages
22-22A-4
Section 22-22A-4 Department of Environmental Management created; principal office; director;
deputy director; divisions and division chiefs; transfer of functions; designation as State
Environmental Control Agency, etc.; contract with Health Department for routine bacteriological
analyses. (a) There is hereby created and established the Alabama Department of Environmental
Management to carry out the purposes of this chapter and to administer and enforce the provisions
of this chapter and all functions transferred to the department by this chapter. The department
shall maintain its principal office in the City of Montgomery, Montgomery County, Alabama.
(b) The department shall be under the supervision and control of an officer who shall be designated
as the director of the Alabama Department of Environmental Management. The director shall
be an individual knowledgeable and experienced in environmental matters. The director shall
employ such officers, agents and employees as he deems...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-4.htm - 7K - Match Info - Similar pages
36-29A-8
Section 36-29A-8 Trust fund disputes. (a) As used in this section, the following terms shall
have the following meanings: (1) ADMINISTRATIVE LAW JUDGE (ALJ). An independent third-party
hearing officer appointed by the Chief Administrative Law Judge of the Administrative Law
Judge Division (Central Panel) of the office of the Attorney General. (2) AGENCY. A department,
board, bureau, commission, agency, or office of the State of Alabama. (3) STATE EMPLOYEE.
A permanent, non-probationary employee, whether in the classified or unclassified service
of the State of Alabama, including, but not limited to, employees of the Department of Mental
Health and Mental Retardation. (b) Notwithstanding any other provision of law to the contrary,
a state employee may specifically request that an Administrative Law Judge (ALJ) or the State
Employee Injury Compensation Trust Fund Review Board hear and decide any employee dispute
related to State Employee Injury Compensation Trust Fund entitlements. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-29A-8.htm - 3K - Match Info - Similar pages
11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-3A-2.htm - 7K - Match Info - Similar pages
45-45-174
Section 45-45-174 Noise control. (a) In Madison County, the Madison County Commission may enact
a noise ordinance for the areas outside of the corporate limits of any municipality and may
provide that a violation of the ordinance constitutes a public nuisance subject to a civil
fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in
the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation
of the ordinance. The ordinance may provide that the person charged with a violation may pay
a civil fine or request, within 30 days of receipt of the citation, a due process hearing
before the Madison County Commission or a hearing officer designated by the Madison County
Commission on the validity of the citation. An order of the Madison County Commission finding
a violation and an assessment of a civil fine shall be final within 30 days thereof unless
appealed to the Circuit Court in Madison County based on the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-174.htm - 2K - Match Info - Similar pages
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