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47,997 statutes · page 2378 of 2400
United States — Alabama legislation
20 statutes shown from 47,997 source-backed records
This provision creates a Surface Mining Control and Reclamation Division, sets out the director’s and chief’s roles, and transfers specified property and personnel to the reconstituted commission and the Alabama Surface Mining Commission.
This section requires surface coal mining operations to follow this article, and it bars unlicensed operation in the state unless the person is a U.S. citizen or legally present with proper federal documentation. It also sets license application, fee, reapplication, and authority-review requirements.
Surface coal mining at a location generally requires a permit first, with limited subcontractor and successor-in-interest exceptions.
Permit applicants must file a complete application, pay a fee, submit required plans and insurance proof, and make the application available for public inspection.
A reclamation plan submitted with a permit application must include detailed required information, and some coal-analysis information must be kept confidential.
The regulatory authority must decide on a complete permit application within 30 days, and applicants must show their application complies with the article’s requirements.
A permittee may seek a permit revision with a revised reclamation plan, but the regulator must approve it only if reclamation can still be accomplished under the revised plan.
Coal exploration may proceed only after a notice is filed, and operators need specific written approval before disturbing more than one-half acre in one location or removing more than 250 tons of coal. Certain submitted information may be kept confidential, and violations can trigger enforcement.
This provision requires permit applicants to give public notice and submit notice materials, allows affected persons to object and request a hearing, and sets deadlines for the agency and hearing officer to act.
Applicants and permittees must file and maintain performance bonds for surface coal mining reclamation, and the regulatory authority may later release all or part of the bond if reclamation conditions are met.
Department inspectors may enter a landowner’s land at any reasonable time to inspect for compliance with this article.
Surface coal mining permits must require operators to meet reclamation, environmental, and blasting standards, and the regulatory authority can issue limited variances or exceptions in some cases.
The regulatory authority must issue rules for underground coal mining surface effects, and operators must follow detailed requirements to prevent or fix subsidence, manage waste, protect water, and reduce safety and environmental harm.
Permit holders must keep records, file monthly reports, maintain monitoring equipment, and provide other information when required by the regulatory authority.
The regulatory authority must inspect, notify, and sometimes stop surface coal mining operations when violations or serious risks are found, and the Attorney General may be asked to seek court relief for noncompliance.
The section sets civil and criminal penalties for permit and reporting violations, requires hearings or review before civil penalties are finalized, and gives deadlines for payment, contesting, and refunding penalties.
Certain affected people may file a civil action to force compliance, but notice and waiting-period rules apply.
The regulatory authority must run a process for deciding which land is unsuitable for surface coal mining, hold hearings and issue decisions on petitions, and surface coal mining is barred in listed protected areas and buffer zones unless a stated exception applies.
A surface coal mine operator must replace a damaged water supply in certain cases, and the provision does not limit a person's right to protect or enforce interests in affected water resources.
The regulatory authority may, with the Secretary of Interior’s approval, authorize experimental departures from certain environmental performance standards in individual mining cases.
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