Sec. 27.21.960. Inconsistencies with federal act.
(a) A provision of this chapter that is inconsistent with the provisions of the Surface Mining Control and Reclamation Act of 1977 as determined by the Secretary of the United States Department of the Interior under 30 U.S.C. 1255(b) is invalid from the date of the secretary’s determination. (b) If a provision of the Surface […]
Sec. 27.21.970. Relationship to other laws.
(a) Nothing in this chapter abrogates or modifies the power of a state agency to enforce laws and regulations within its jurisdiction, except as specifically stated in this chapter and regulations adopted under it. The commissioner shall coordinate permitting procedures to prevent unnecessary duplication in permit review. (b) Surface coal mining operations for coal that […]
Sec. 27.21.975. Severability.
If any provision of this chapter or the applicability of it to any person or circumstances is held invalid, the remainder of this chapter and the application of that provision to other persons or circumstances is not affected.
Sec. 27.21.980. Administrative Procedure Act.
Unless otherwise provided in AS 44.37.011 or other law, AS 44.62 (Administrative Procedure Act) applies to this chapter.
Sec. 27.21.998. Definitions.
In this chapter, (1) “alluvial valley floors” means the unconsolidated stream-laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas that are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or […]
Sec. 27.21.999. Short title.
This chapter may be cited as the Alaska Surface Coal Mining Control and Reclamation Act.
Sec. 27.21.250. Penalties.
(a) The commissioner may assess a civil penalty against a person if the person or the person’s operation violates a condition of a permit or a provision of this chapter. If as a result of the violation the commissioner issues a cessation order under AS 27.21.240, the commissioner shall assess a civil penalty. The civil […]
Sec. 27.21.260. Areas unsuitable for surface coal mining.
(a) The commissioner shall use competent and scientifically sound data and information in order to make objective decisions as to which areas of land are unsuitable for all or certain types of surface coal operations. The decisions shall (1) reflect the planning activities of federal, state, and municipal governments; and (2) use a data base […]
Sec. 27.21.270. Abandoned Mine Reclamation Fund.
The commissioner may take the actions necessary to ensure state participation to the fullest extent practicable in the Abandoned Mine Reclamation Fund created in 30 U.S.C. 1231 and to function as the state agency for that participation. In conformity with the Surface Mining Control and Reclamation Act of 1977, the commissioner shall (1) by regulation, […]
Sec. 27.21.280. Eligible land and water.
Land and water eligible for reclamation or drainage abatement expenditures under this chapter are those that were mined for coal or were affected by such mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an inadequate reclamation status before August 3, 1977, and for which there is no continuing reclamation […]