Code of Alabama
Article 3 - Surface Mining Control and Reclamation.
Section 9-16-98 - Experimental Practices.

In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential, or public use (including recreational facilities), the regulatory authority with approval by the Secretary of Interior may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under Sections 9-16-90 and 9-16-91 of this article. Such departures may be authorized if (i) the experimental practices are potentially more or at least as environmentally protective, during and after mining operations, as those required by promulgated standards; (ii) the mining operations approved for particular land use or other purposes are no larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and (iii) the experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.

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.