Code of Alabama
Article 3 - Surface Mining Control and Reclamation.
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.

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.