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. 27.21.960. 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. 27.21.900. 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. 27.21.920. Experimental practices.
In order to encourage advances in mining and reclamation practices, and to allow post-mining land use for industrial, commercial, residential, recreational, or public purposes, the commissioner may, with the approval of the Secretary of the United States Department of the Interior, authorize departures in individual cases on an experimental basis from the environmental performance standards […]
Sec. 27.21.930. Water rights and replacement.
(a) Nothing in this chapter may be construed to affect the right of a person to protect the person’s interest in water resources affected by a surface coal mining operation. (b) An operator shall replace the water supply of an owner of an interest in real property who obtains all or part of the owner’s […]