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. 27.21.340. Miscellaneous powers regarding abandoned mine lands.
(a) The commissioner may request the attorney general to initiate, in addition to any other remedies provided for in this chapter, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct the work described in AS 27.21.270 – 27.21.340. (b) The state has […]
Sec. 27.21.900. Mining by government agencies.
A federal, state, or municipal government agency, including a publicly owned utility or corporation, that proposes to engage in a surface coal mining operation that is subject to this chapter must comply with this chapter.
Sec. 27.21.910. Exemptions.
The provisions of this chapter do not apply to the extraction of coal (1) by a landowner or lessee for the landowner’s or lessee’s own noncommercial use from land owned or leased by it; (2) for commercial purposes if the surface coal mining operation affects two acres or less; or (3) as an incidental part […]
Sec. 27.21.210. Performance standards.
The commissioner shall adopt regulations consistent with the environmental performance standards of the Surface Mining Control and Reclamation Act of 1977 and the regulations promulgated under that Act for both surface coal mining and reclamation operations and surface effects of underground mining with appropriate adjustments to the special physical, hydrological, biological, and climatic conditions in […]