Code of Alabama
Article 3 - Surface Mining Control and Reclamation.
Section 9-16-106 - Provisions Cumulative; Certain Laws Not Repealed.

This article is cumulative and is intended to preempt local, municipal, county and state regulation of surface coal mining operations and to supplement existing state law and no part hereof shall be construed to repeal or supersede an existing state law specifically enacted for the control, abatement or prevention of water or air pollution. The Alabama Surface Mining Act of 1969 (Act 399, Regular Session 1969) now appearing as Sections 9-16-1 through 9-16-15, is not repealed as to the regulation of the surface mining of clay, sand, gravel, ores, limestone, marble, dolomite, and other minerals. The Little River Canyon Preservation Acts, Act 227, H. 49 and Act 524, H. 1225 of the 1976 Regular Session (Acts of Alabama pages 243 and 669 respectively) are not repealed. All other laws or parts of laws which are inconsistent with this article are hereby repealed.

Structure Code of Alabama

Code of Alabama

Title 9 - Conservation and Natural Resources.

Chapter 16 - Mineral Resources.

Article 3 - Surface Mining Control and Reclamation.

Section 9-16-70 - Short Title.

Section 9-16-71 - Declaration of Public Policy and Legislative Intent; All Land Surface Mined Under This Article Shall Be Reclaimed.

Section 9-16-72 - Definitions.

Section 9-16-73 - Surface Mining Commission - Creation; Composition; Officers; Compensation; Meetings; Offices; Funds; Removal of Members.

Section 9-16-74 - Surface Mining Commission - Powers.

Section 9-16-75 - Adoption of Rules Pursuant to Alabama Administrative Procedure Act; Written Notification of Commission's Rulemaking Activities.

Section 9-16-76 - Conflict of Interest; Penalty.

Section 9-16-77 - Division of Hearings and Appeals.

Section 9-16-78 - Hearing Officer; Powers; Witness Fees.

Section 9-16-79 - Hearings and Appeals Procedure.

Section 9-16-80 - Surface Mining Control and Reclamation Division - Creation; Director; Chief; Transfer of Books, Records, Powers, Rights, and Personnel.

Section 9-16-81 - Licenses Required; Application; Qualifications; Fees.

Section 9-16-82 - Permits - Required; Term; Successor in Interest; Termination; Renewal; Application.

Section 9-16-83 - Permits - Contents of Application; Reclamation Plan; Copy of Application Filed for Public Inspection; Insurance; Blasting Plan.

Section 9-16-84 - Reclamation Plans; Contents.

Section 9-16-85 - Permits - Approval or Denial by Authority; Filing of Violation Schedule; Issuance to Mine on Prime Farm Land.

Section 9-16-86 - Permits - Revisions; Application; Revision or Modification by Authority.

Section 9-16-87 - Permits - Coal Exploration.

Section 9-16-88 - Permits - Review and Appeal of Applications.

Section 9-16-89 - Performance Bonds and Bond Releases.

Section 9-16-90 - Environmental Protection Performance Standards.

Section 9-16-91 - Surface Effects of Underground Coal Mining; Requirements; Remedies.

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.

Section 9-16-93 - Violations; Inspection by Authority; Remedial Actions; Hearing; Action by Attorney General.

Section 9-16-94 - Penalties.

Section 9-16-95 - Citizens' Actions; Attorneys, etc., Fees Allowed as Damages.

Section 9-16-96 - Designation of Areas Unsuitable for Surface Coal Mining; Right to Petition; Review and Public Hearing; Areas Exempt From Mining Operations.

Section 9-16-97 - Water Rights.

Section 9-16-98 - Experimental Practices.

Section 9-16-99 - Surface Mining Operations Not Subject to This Article.

Section 9-16-100 - Confidentiality of Records.

Section 9-16-101 - Leases of Certain Lands.

Section 9-16-102 - Reports of Certain Coal Sales.

Section 9-16-103 - Alabama Surface Mining Fund.

Section 9-16-104 - Reimbursement and Funding.

Section 9-16-105 - Constitutionality and Validity of Article.

Section 9-16-106 - Provisions Cumulative; Certain Laws Not Repealed.

Section 9-16-107 - Effective Date.