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47,997 statutes · page 2376 of 2400
United States — Alabama legislation
20 statutes shown from 47,997 source-backed records
This article is meant to override local, county, municipal, and state regulation of surface coal mining operations, but it does not repeal specific state laws on water or air pollution.
The article takes effect immediately after the stated approvals, and the Alabama Surface Mining Commission may issue needed regulations.
The director may sue to stop or penalize violations of final orders, and people mining without a valid permit or making willful false statements can face fines; parties also keep rights of exception and appeal.
Fees and penalties must go to the State Treasury, and forfeiture proceeds must fund reclamation of affected lands.
This provision states the Legislature’s intent to create and implement a state abandoned mine reclamation program that complies with federal law.
This section defines several terms used in the article, including abandoned mine lands, director, federal act, fund, secretary, and state reclamation program.
Creates the State Abandoned Mine Reclamation Fund and allows its money to be used for reclamation and related purposes.
Money from the fund used on eligible lands and water must follow the listed priorities in order.
This provision defines which lands and waters count as eligible for reclamation or drainage abatement expenditures.
The Department of Labor’s State Programs Division must run a state reclamation program for abandoned mines, and the director must file annual applications, report as required, and run a public comment/hearing process before annual grant submissions.
The director, and certain helpers, may enter affected property after giving notice when past coal mining has harmed land or water resources and action is needed in the public interest.
The director may acquire, sell, transfer, and fund land-related activities for coal-mine reclamation, but must follow approval, value, notice, hearing, and use restrictions.
Affected landowners can ask for review in circuit court, and some may also seek a director review, subject to short filing deadlines.
After certain coal-mine reclamation work on privately owned land, the director must itemize the money spent and may file a statement and appraisal if property value increased significantly.
The superintendent may adopt and promulgate reasonable rules and regulations for administering this article, and designated department staff may perform acts authorized to the Director.
The Governor may ask the Secretary of Interior to authorize mine-closure and reclamation work, and the director must carry out that work when the secretary requests it.
State departments, boards, commissions, and agencies must cooperate with the director by providing available technical help, staff, equipment, materials, and supplies when needed.
The director may ask the Attorney General to seek an injunction, and the court may award litigation costs and reasonable attorney fees to the prevailing party.
The director must administer this article and may take necessary actions and cooperative agreements to carry it out.
The department must provide workers’ compensation for employees under this article and carry general liability insurance.
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