Section 9-16-1 – Short Title.
Section 9-16-1 Short title. This article shall be known and may be cited as the “Alabama Surface Mining Act of 1969.” (Acts 1969, No. 399, p. 773, §1.)
Section 9-16-1.1 – Legislative Findings.
Section 9-16-1.1 Legislative findings. (a) The Alabama Legislature has found and determined the following: (1) A 1991 United States Department of the Interior audit report warned that the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately laying waste to mined land rather than restoring it. (2) The standards for […]
Section 9-16-10 – Enforcement of Provisions of Article – Written Notices of Violations; Hearings; Entry of Orders by Director; Appeals From Orders of Director.
Section 9-16-10 Enforcement of provisions of article – Written notices of violations; hearings; entry of orders by director; appeals from orders of director. (a) Whenever the director determines that any operator has not complied with the provisions of this article and is therefore in violation of this article, the director may cause to have issued […]
Section 9-16-11 – Enforcement of Provisions of Article – Institution of Civil Action for Enforcement of Final Order of Director; Engaging in Surface Mining Without Valid Permit; Willful Misrepresentations, etc., in Applications; Rights of Exception and Appeal.
Section 9-16-11 Enforcement of provisions of article – Institution of civil action for enforcement of final order of director; engaging in surface mining without valid permit; willful misrepresentations, etc., in applications; rights of exception and appeal. (a) Should the director determine that any final order or determination made by him, not then the subject of […]
Section 9-16-12 – Disposition of Fees and Penalties.
Section 9-16-12 Disposition of fees and penalties. (a) All fees and penalties collected under the provisions of this article shall be deposited in the General Fund of the State Treasury. (b) All funds received from the forfeiture of bonds, sureties, cash, or governmental securities shall be placed in the State Treasury and credited to a […]
Section 9-16-13 – Administration of Article.
Section 9-16-13 Administration of article. Any act authorized to be done by the Director of the Department of Industrial Relations of the State of Alabama may be performed by the inspector, assistant inspector or any employee of the department when designated by the director. The superintendent may adopt and promulgate reasonable rules and regulations respecting […]
Section 9-16-14 – Applicability of Provisions of Article.
Section 9-16-14 Applicability of provisions of article. The provisions of this article shall not apply to surface mining activities of the State Department of Transportation or any city, county or municipality incident to their activities in constructing, repairing and maintaining the public road system in Alabama. The provisions of this section shall also extend to […]
Section 9-16-15 – Article Supplemental; Repeal of Conflicting Laws.
Section 9-16-15 Article supplemental; repeal of conflicting laws. It is intended that this article shall supplement existing law regarding the inspection or regulation of mining, water pollution and water impoundment and that only provisions of such law which directly conflict with or are inconsistent with this article are hereby repealed to the extent of such […]
Section 9-16-2 – Definitions.
Section 9-16-2 Definitions. Unless clearly indicated otherwise by the context, as used in this article, the following terms have the following meanings: (1) AFFECTED LAND. The area of land from which overburden has been removed or upon which overburden has been deposited after October 1, 1970. (2) CONTEMPORANEOUS. Occurring at the same time as a […]
Section 9-16-3 – Purpose of Article.
Section 9-16-3 Purpose of article. The objective of this article is to provide for the safe and reasonable reclamation of lands upon which surface disturbances will be created by certain types of surface mining so as to protect the taxable value of property and preserve natural resources within the state and to protect and promote […]
Section 9-16-4 – Permit for Engaging in Surface Mining Operations – Required; Exemptions; Applicability.
Section 9-16-4 Permit for engaging in surface mining operations – Required; exemptions; applicability. (a) No operator shall engage in any surface mining, as defined in this article, after October 1, 1970, without a valid permit from the department to engage in the surface mining. A separate permit shall be required for each such surface mining […]
Section 9-16-5 – Permit for Engaging in Surface Mining Operations – Application; Issuance.
Section 9-16-5 Permit for engaging in surface mining operations – Application; issuance. (a) Any operator desiring a permit shall file an application with the department upon a form furnished by the department containing all of the following: (1) A brief description of the tract or tracts of land and the estimated number of acres to […]
Section 9-16-6 – Permit for Engaging in Surface Mining Operations – Amendments.
Section 9-16-6 Permit for engaging in surface mining operations – Amendments. (a) An operator desiring to amend a permit issued to him to include additional land may file an amended application with the department. Upon receipt of the amended application, such increase in the bond or surety as may be required under the provisions of […]
Section 9-16-7 – Duties of Operators.
Section 9-16-7 Duties of operators. (a) Every operator to whom a permit is issued pursuant to this article and who engages in surface mining on lands described in the permit shall: (1) Submit to the department, no later than 90 days after expiration of the permit period, a map or aerial photograph showing the location […]
Section 9-16-8 – Bonds, Cash Deposits, or Securities Deposits of Operators.
Section 9-16-8 Bonds, cash deposits, or securities deposits of operators. (a)(1) Any bond provided in this article to be filed with the department by the operator shall be in the form as the secretary prescribes, payable to the State of Alabama and conditioned that the operator shall faithfully perform all applicable requirements of this article […]
Section 9-16-9 – Right of Entry Upon Lands for Inspections as to Compliance With Provisions of Article.
Section 9-16-9 Right of entry upon lands for inspections as to compliance with provisions of article. Inspectors of the department may enter upon the lands of the landowner at any reasonable time for the purpose of inspection to determine whether the provisions of this article have been complied with. (Acts 1969, No. 399, p. 773, […]