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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.)...
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9-16-7
Section 9-16-7 Duties of operators. (a) Every operator to whom a permit is issued pursuant
to this article and who engages in surface mining on lands described in the permit shall:
(1) Submit to the department, no later than 90 days after expiration of the permit period,
a map or aerial photograph showing the location of the surface mining operation conducted
during the permit period by section, township, range, and county with other description to
identify the land upon which the operator has conducted surface mining during the permit period.
The map or aerial photograph shall include a legend showing the number of acres of affected
land and the reclamation to be made in accordance with this section. (2) Commence contemporaneous
reclamation of mined areas as set out in the comprehensive reclamation plan approved by the
department. Reclamation bonds shall be adjusted annually to reflect unreclaimed disturbed
acreage as well as reclaimed acreage released by the department. Failure to...
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40-13-80
Section 40-13-80 (Repealed effective August 1, 2019) Legislative findings. The Legislature
makes the following findings: (1) The Legislature understands the need to properly fund state
agencies in order to match federal funds for enforcement programs. (2) The Surface Mining
Commission is the delegated agency in this state authorized to enforce the federal Office
of Surface Mining (OSM) programs, with a 50 percent match required in order to access federal
funds. (3) Due to very limited General Fund monies available, along with numerous mining companies
going out of business over the last eight years which has reduced permit fees and other monies
paid to the Surface Mining Commission, there is a need for increased funding from other sources
in addition to permit fee increases. (Act 2017-369, §1.)...
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9-16-3
Section 9-16-3 Purpose of article. The objective of this article is to provide for the safe
and reasonable reclamation of lands upon which surface disturbances will be created by certain
types of surface mining so as to protect the taxable value of property and preserve natural
resources within the state and to protect and promote the health and safety of the people
of this state, consistent with the protection of physical property and with maximum employment
and the economic and industrial well-being of the state. (Acts 1969, No. 399, p. 773, §2.)...
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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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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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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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16-60-260
Section 16-60-260 Establishment; location; purpose. There is hereby created and established
the Alabama Mining Academy which shall be located at Walker State Technical College in Walker
County, Alabama. The Alabama Mining Academy shall be maintained as an agency of Walker State
Technical College. The academy shall be the agency that assists in the mine safety and health
training of Alabama miners. The purpose and function of this academy shall be to cooperate
with and provide assistance to the mining industry of the state in developing effective mine
health and safety programs and to improve and expand research and development and training
programs aimed at developing a safer, more productive coal industry for the State of Alabama.
(Acts 1985, No. 85-760, p. 1269, §1.)...
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9-16-127
Section 9-16-127 Acquisition and disposition of lands. (a) The director, with the approval
of the Secretary of Interior, may acquire title in the name of the state to any land or interest
therein by purchase, donation, or condemnation if such land or interest is adversely affected
by past coal mining practices and upon a determination that acquisition of such land is necessary
to successful reclamation and that: (1) The acquired land after restoration, reclamation,
abatement, control or prevention of the adverse effects of past coal mining practices will
serve recreation and historical purposes, conservation and reclamation purposes or provide
open space benefits; and (2) Permanent facilities such as a treatment plant or a relocated
stream channel will be constructed on the land for restoration, reclamation, abatement, control
or prevention of the adverse effects of past coal mining practices; or (3) Acquisition of
coal refuse disposal sites and all coal refuse thereon will serve the...
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29-11-1
Section 29-11-1 Transfer of certain state funds to offset costs of services. (a) Notwithstanding
any other provision of law to the contrary, in order to provide for an increase in receipts
into the State General Fund for the funding of the operations of state government, there is
hereby established the authority to transfer from the following state departments state funds
in those amounts as are annually specified in the State General Fund appropriations act beginning
with the fiscal year ending September 30, 2014, and each fiscal year thereafter. Such transfers
shall be for the purpose of providing funds to help offset the costs of state services provided
to the several departments by state entities which are supported by appropriations from the
State General Fund: (1) Alabama Alcoholic Beverage Control Board. (2) Department of Conservation
and Natural Resources. (3) Department of Environmental Management. (4) Department of Finance.
(5) Department of Insurance. (6) Department of...
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