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47,997 statutes · page 2377 of 2400
United States — Alabama legislation
20 statutes shown from 47,997 source-backed records
A special trust fund is created in the State Treasury for abandoned mine reclamation money, with limits on how much may be retained and rules for how the money is handled and spent.
This section does not apply to certain surface mining activities tied to state or local road construction, repair, and maintenance, and it also extends to contractors if their contracts include approved reclamation standards.
This article is meant to supplement existing mining and water pollution law, and any conflicting or inconsistent provisions are repealed only to that extent.
This section defines terms used in the article, including affected land, department, inspector, operator, permit period, reclamation, setback, and surface mining.
This article states its purpose: to require safe and reasonable reclamation of land disturbed by certain surface mining.
Operators need a valid department permit to do surface mining, with a separate permit for each noncontiguous operation. Several kinds of surface mining are exempt, and the department must return a bond within 30 days after notice in one exempt-permit situation.
An operator seeking a surface mining permit must file a complete application with the department, include specified information, pay a $250 filing fee and bond/security, and can start mining only after the permit is issued and other required permits are in place.
An operator may ask to amend a permit for additional land or to withdraw land, and the department must act on the request if the stated conditions are met.
Operators mining under this permit must reclaim and restore disturbed land, meet setback and revegetation requirements, and finish reclamation within two years after the permit expires.
This provision gives the article its short title and says it may be cited by that name.
This provision states the article’s public policy and intent for regulating surface coal mining and reclamation, including a requirement that the commission suspend enforcement of a corresponding state provision if the matching federal provision or regulation is invalidated or suspended.
This section defines many terms used in the surface coal mining article.
This provision sets up the Alabama Surface Mining Commission, how its members and officers are appointed, and several operating rules for nominees, meetings, records, offices, compensation, and removal of members.
The commission has broad power to regulate surface coal mining, issue permits and orders, hold hearings, require certification and fees, and enforce reclamation standards; covered state employees may not have a financial interest in coal mining operations.
The commission must follow the Alabama Administrative Procedure Act when adopting, amending, or repealing rules, regulations, or standards. Any person may ask for written notice of the commission’s rule-making activities by submitting a written request to the commission.
Commission officers and employees performing duties under this article must not have direct or indirect financial interests in underground or surface coal mining operations, and violations can lead to fines, imprisonment, and loss of commission seat.
The Alabama Surface Mining Commission’s Division of Hearings and Appeals is created, may use hearing officers for appeals, and hearing officers must meet bar membership and conflict-of-interest limits.
Hearing officers must not take part in a hearing if they have an interest in it, and ex parte communications with hearing officers are prohibited.
This provision sets the hearing, appeal, review, and temporary-relief process under the article.
Operators must post a bond, or may use cash or eligible government securities instead, and must keep the security amount sufficient; missing substitute surety can suspend the permit.
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