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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-71.htm - 6K - Match Info - Similar pages
9-16-90
/occupiers in such areas prior to any blasting; b. Maintain for a period of at least three
years and make available for public inspection upon request a log detailing the location of
the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole,
and the order and length of delay in the blasts; c. Limit the type of explosives and detonating
equipment, the size, the timing and frequency of blasts based upon the physical conditions
of the site so as to prevent (i) injury to persons, (ii) damage to public and private
property outside the permit area, (iii) adverse impacts on any underground mine, and (iv)
change in the course, channel, or availability of ground or surface water outside the permit
area; d. Require that all blasting operations be conducted by trained and competent persons
as certified by the regulatory authority; e. Provide that upon the request of a resident or
owner of a man-made dwelling or structure within one-half mile of any portion of...
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-92.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-73.htm - 8K - Match Info - Similar pages
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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