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Article 1 - Surface Mining Reclamation Generally.
Section 9-16-1 - Short Title. - This article shall be known and may be cited as...
Section 9-16-1.1 - Legislative Findings. - (a) The Alabama Legislature has found and determined the following:...
Section 9-16-2 - Definitions. - Unless clearly indicated otherwise by the context, as used in...
Section 9-16-3 - Purpose of Article. - The objective of this article is to provide for the...
Section 9-16-4 - Permit for Engaging in Surface Mining Operations - Required; Exemptions; Applicability. - (a) No operator shall engage in any surface mining, as...
Section 9-16-5 - Permit for Engaging in Surface Mining Operations - Application; Issuance. - (a) Any operator desiring a permit shall file an application...
Section 9-16-6 - Permit for Engaging in Surface Mining Operations - Amendments. - (a) An operator desiring to amend a permit issued to...
Section 9-16-7 - Duties of Operators. - (a) Every operator to whom a permit is issued pursuant...
Section 9-16-8 - Bonds, Cash Deposits, or Securities Deposits of Operators. - (a)(1) Any bond provided in this article to be filed...
Section 9-16-9 - Right of Entry Upon Lands for Inspections as to Compliance With Provisions of Article. - Inspectors of the department may enter upon the lands of...
Section 9-16-10 - Enforcement of Provisions of Article - Written Notices of Violations; Hearings; Entry of Orders by Director; Appeals From Orders of Director. - (a) Whenever the director determines that any operator has not...
Section 9-16-11 - Enforcement of Provisions of Article - Institution of Civil Action for Enforcement of Final Order of Director; Engaging in Surface Mining Without Valid Permit; Willful Misrepresentations, etc., in Applications; Rights of Exception a... - (a) Should the director determine that any final order or...
Section 9-16-12 - Disposition of Fees and Penalties. - (a) All fees and penalties collected under the provisions of...
Section 9-16-13 - Administration of Article. - Any act authorized to be done by the Director of...
Section 9-16-14 - Applicability of Provisions of Article. - The provisions of this article shall not apply to surface...
Section 9-16-15 - Article Supplemental; Repeal of Conflicting Laws. - It is intended that this article shall supplement existing law...
Article 3 - Surface Mining Control and Reclamation.
Section 9-16-70 - Short Title. - This article shall be known and may be cited as...
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...
Section 9-16-72 - Definitions. - The following words and phrases, unless a different meaning is...
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...
Section 9-16-74 - Surface Mining Commission - Powers. - In addition to any other powers conferred on it by...
Section 9-16-75 - Adoption of Rules Pursuant to Alabama Administrative Procedure Act; Written Notification of Commission's Rulemaking Activities. - In adopting, amending or repealing any rule, including any regulation...
Section 9-16-76 - Conflict of Interest; Penalty. - No officer or employee of the commission performing any function...
Section 9-16-77 - Division of Hearings and Appeals. - (a) There is created a Division of Hearings and Appeals...
Section 9-16-78 - Hearing Officer; Powers; Witness Fees. - (a) No hearing officer shall participate in a hearing if...
Section 9-16-79 - Hearings and Appeals Procedure. - Procedures for hearings and appeals under this article shall be...
Section 9-16-80 - Surface Mining Control and Reclamation Division - Creation; Director; Chief; Transfer of Books, Records, Powers, Rights, and Personnel. - (a) There is hereby created a Division of Surface Mining...
Section 9-16-81 - Licenses Required; Application; Qualifications; Fees. - (a) All surface coal mining operations shall be subject to...
Section 9-16-82 - Permits - Required; Term; Successor in Interest; Termination; Renewal; Application. - (a) No person shall engage in surface coal mining operations...
Section 9-16-83 - Permits - Contents of Application; Reclamation Plan; Copy of Application Filed for Public Inspection; Insurance; Blasting Plan. - (a) Each application for a surface coal mining reclamation permit...
Section 9-16-84 - Reclamation Plans; Contents. - (a) Each reclamation plan submitted as part of a permit...
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...
Section 9-16-86 - Permits - Revisions; Application; Revision or Modification by Authority. - (a)(1) During the term of the permit the permittee may...
Section 9-16-87 - Permits - Coal Exploration. - (a) Coal exploration operations including the removal of coal samples...
Section 9-16-88 - Permits - Review and Appeal of Applications. - (a) At the time of submission of an application for...
Section 9-16-89 - Performance Bonds and Bond Releases. - (a) After a surface coal mining and reclamation permit application...
Section 9-16-90 - Environmental Protection Performance Standards. - (a) Any permit issued pursuant to this article to conduct...
Section 9-16-91 - Surface Effects of Underground Coal Mining; Requirements; Remedies. - (a) The regulatory authority shall promulgate rules and regulations directed...
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...
Section 9-16-93 - Violations; Inspection by Authority; Remedial Actions; Hearing; Action by Attorney General. - (a) Whenever, on the basis of any information available to...
Section 9-16-94 - Penalties. - (a) Any permittee or operator who violates any permit condition...
Section 9-16-95 - Citizens' Actions; Attorneys, etc., Fees Allowed as Damages. - (a) Except as provided in subsection (b) of this section,...
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...
Section 9-16-97 - Water Rights. - (a) Nothing in this article shall be construed as affecting...
Section 9-16-98 - Experimental Practices. - In order to encourage advances in mining and reclamation practices...
Section 9-16-99 - Surface Mining Operations Not Subject to This Article. - The provisions of this article shall not apply to any...
Section 9-16-100 - Confidentiality of Records. - Any record, report or information required to be submitted to...
Section 9-16-101 - Leases of Certain Lands. - The regulatory authority is hereby vested with the authority and...
Section 9-16-102 - Reports of Certain Coal Sales. - Any person engaged in the business of coal brokering or...
Section 9-16-103 - Alabama Surface Mining Fund. - (a) All sums received through the payment of fees, the...
Section 9-16-104 - Reimbursement and Funding. - The regulatory authority shall make every effort to obtain maximum...
Section 9-16-105 - Constitutionality and Validity of Article. - (a) If Public Law 95-87, or any rule or regulation...
Section 9-16-106 - Provisions Cumulative; Certain Laws Not Repealed. - This article is cumulative and is intended to preempt local,...
Section 9-16-107 - Effective Date. - This article shall become effective immediately upon: (1) Its passage...
Article 4 - Abandoned Mine Reclamation.
Section 9-16-120 - Legislative Intent. - It is the express intent of this Legislature by the...
Section 9-16-121 - Definitions. - For the purpose of this article the following terms shall...
Section 9-16-122 - Abandoned Mine Reclamation Fund. - (a) There is hereby created in the State Treasury a...
Section 9-16-123 - Reclamation Priorities. - Expenditures of moneys from the fund on eligible lands and...
Section 9-16-124 - Lands and Waters Eligible for Reclamation. - For purposes of this article, lands and water eligible for...
Section 9-16-125 - Reclamation Program. - (a) The Department of Labor, State Programs Division, shall establish...
Section 9-16-126 - Right of Entry. - (a) If the director makes a finding in writing with...
Section 9-16-127 - Acquisition and Disposition of Lands. - (a) The director, with the approval of the Secretary of...
Section 9-16-128 - Landowners' Actions; Review by Director; Prior Right of Purchase; Review by Court. - (a) Any landowner adversely affected by the action of the...
Section 9-16-129 - Property Subject to Lien; Statement by Director; Amount; Priority. - (a) Within six months after the completion of projects to...
Section 9-16-130 - Filling Voids, Sealing Tunnels, Shafts, Etc. - (a) The Governor may request the Secretary of Interior to...
Section 9-16-131 - Interagency Cooperation. - All departments, boards, commissions and agencies of this state shall...
Section 9-16-132 - Injunctions. - (a) The director may request the Attorney General, who is...
Section 9-16-133 - Powers of Director. - It shall be the duty of the director to administer...
Section 9-16-134 - Insurance. - The department shall have workers' compensation on all employees operating...
Section 9-16-135 - Special Abandoned Mine Reclamation Trust Fund; Deposit, Administration and Disbursal of Funds. - There is hereby created in the State Treasury a Special...