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9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers
conferred on it by law, the commission shall have the power to do all of the following: (1)
Adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations, provided
such rules and regulations shall not be more stringent than those promulgated by federal law,
or rule or regulation, to control surface coal mining operations consistent with this article
including the declaration of public policy and legislative intent contained in Section
9-16-71. Such rules and regulations may be for the state as a whole or may vary from area
to area, as may be appropriate to accomplish the policy and intent of this article and in
order to take into account varying local conditions. (2) Hold public hearings as may be specified
by law relating to any aspect or matter in the administration of this article and, in connection
therewith, administer oaths and compel the attendance of witnesses and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-74.htm - 8K - Match Info - Similar pages
9-16-71
Section 9-16-71 Declaration of public policy and legislative intent; all land surface
mined under this article shall be reclaimed. (a) The objective of this article is to provide
for the safe, responsible and reasonable reclamation of lands upon which surface disturbances
will be created by surface mining and the surface effects of underground mining so as to protect
the taxable value of property and preserve natural resources within the state and protect
and promote the health and safety of the people of this state, consistent with the protection
of property and with maximum employment and the economic and industrial well-being of the
state. The Legislature finds and declares that the extraction of coal by surface mining provides
a major present and future source of energy and is an essential and necessary activity which
contributes to the economic and material well-being of the state. (b) The Legislature finds
that the unregulated or irresponsible surface mining of coal may cause...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued
pursuant to this article to conduct surface mining operations shall require that such surface
coal mining operations will meet all applicable performance standards of this article, and
such other requirements as the regulatory authority shall promulgate. (b) General performance
standards shall be applicable to all surface coal mining and reclamation operations and shall
require the operation as a minimum to: (1) Conduct surface coal mining operations so as to
maximize the utilization and conservation of the solid fuel resource being recovered so that
reaffecting the land in the future through surface coal mining can be minimized; (2) Restore
the land affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-90.htm - 30K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-17-242.htm - 1K - Match Info - Similar pages
9-16-92
Section 9-16-92 Inspections; authority to inspect records, equipment, premises; etc.;
violations; maintenance of records, etc., by permittee; authority to enter upon all lands
of the state. (a) For the purpose of developing or assisting in the development, administration,
and enforcement of this article or in the administration and enforcement of any permit under
this article, or of determining whether any person is in violation of any requirement of this
article: (1) The regulatory authority shall require any permittee to (i) establish and maintain
appropriate records, (ii) make monthly reports to the regulatory authority, (iii) install,
use, and maintain any necessary monitoring equipment or methods, (iv) evaluate results in
accordance with such methods, at such locations, intervals, and in such manner as the regulatory
authority shall prescribe, and (v) provide such other information relative to surface coal
mining and reclamation operations as the regulatory authority deems...
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9-16-81
Section 9-16-81 Licenses required; application; qualifications; fees. (a) All surface
coal mining operations shall be subject to this article, except as excluded in Section
9-16-99. (b) No person shall engage in or carry out on lands within the state any surface
coal mining operations unless such person is a citizen of the United States or, if not a citizen
of the United States, a person who is legally present in the United States with appropriate
documentation from the federal government and has first obtained a license in accordance with
this section. The term of a license shall be continuous and shall authorize the licensee,
subject to the other provisions of this article, to engage in surface coal mining operations
unless the license shall be suspended or revoked in accordance with this article. Suspension,
revocation, or subcontracting shall in no way relieve the licensee of his or her obligation
to comply with the reclamation requirement of this article. (c) An applicant for a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-81.htm - 6K - Match Info - Similar pages
9-16-96
Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition;
review and public hearing; areas exempt from mining operations. (a)(1) The regulatory authority
shall establish a planning process enabling objective decisions based upon competent and scientifically
sound data and information as to which, if any, land areas of the state are unsuitable for
all or certain types of surface coal mining operations pursuant to the standards set forth
in subdivisions (2) and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the article of any area so designated. (2) Upon petition pursuant
to subsection (c) of this section, the regulatory authority shall designate an area
as unsuitable for all or certain types of surface coal mining operations if the regulatory
authority determines that reclamation pursuant to the requirements of this article is not
technologically and economically feasible. (3) Upon petition pursuant to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-96.htm - 8K - 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
9-16-73
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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9-16-85
Section 9-16-85 Permits - Approval or denial by authority; filing of violation schedule;
issuance to mine on prime farm land. (a) Upon the basis of a complete mining application and
reclamation plan or a revision or renewal thereof, as required by this article, following
public notification and opportunity for a public hearing as required by Section 9-16-88,
the regulatory authority shall grant, require modification of, or deny the permit within 30
days and notify the applicant in writing of its action. The applicant for a permit, or revision
of a permit, shall have the burden of establishing that his application is in compliance with
all the requirements of this article. Within 10 days after the granting of a permit, the regulatory
authority shall notify the local governmental officials in the local political subdivision
in which the area of land to be affected is located that a permit has been issued and shall
describe the location of the land. (b) No permit or revision application...
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