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 […]
Sec. 27.21.230. Inspections and monitoring.
(a) The commissioner shall provide for an inspection of a surface coal mining and reclamation operation to evaluate compliance with this chapter, and, for that purpose, an authorized representative of the commissioner may enter the surface coal mining and reclamation operation. The commissioner shall, to the extent possible, coordinate the inspection and monitoring activities with […]
Sec. 27.21.940. Certification of blasters.
The commissioner shall adopt regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use of explosives in surface coal mining operations.
Sec. 27.21.240. Enforcement.
(a) If, on the basis of an inspection under AS 27.21.230, the commissioner determines that a person or a person’s operation is in violation of this chapter or a term of a permit and that the violation creates an imminent danger to the health or safety of the public or is causing or can reasonably […]
Sec. 27.21.950. Civil actions.
(a) Except as provided in (b) of this section, a person who is or may be adversely affected by a failure to comply with this chapter may commence a civil action in the superior court on the person’s own behalf and compel compliance with this chapter against (1) the commissioner, if the commissioner has failed […]
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 […]
Sec. 27.21.290. Entry onto abandoned mine area.
(a) The commissioner may enter real property that has been adversely affected by past surface coal mining practices and other real property necessary for access to adversely affected real property to restore or reclaim the real property or to abate, control, or prevent the adverse effects. The money expended for and the benefits accruing to […]