Sec. 27.21.330. Emergency powers in abandoned mine areas.
(a) In emergency situations the commissioner may use money available to the state in the Abandoned Mine Reclamation Fund for the purposes of AS 27.21.290(a) if the commissioner finds that (1) an emergency exists that constitutes a danger to the public health, safety, or general welfare; and (2) no other person or agency will 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 […]
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. 27.21.220. Surface effects of underground coal mining.
(a) The provisions of this chapter apply to the surface effects of underground coal mining. However, the commissioner shall consider the inherent difference between underground mining and surface mining in adopting regulations under this chapter that apply to underground mining. (b) In order to protect the stability of the land, the commissioner shall suspend underground […]
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.