Code of Alabama - Title 9: Conservation and Natural Resources - Chapter 16 - Mineral Resources

• Article 1 Surface Mining Reclamation Generally.
• Section 9-16-1 Short title
  This article shall be known and may be cited as the "Alabama Surface Mining Act of 1969."
• 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...
• 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...
• 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...
• 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...
• 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:...
• 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...
• 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...
• Section 9-16-8 Bonds, cash deposits or securities deposits of operators
  (a) Any bond provided in this article to be filed with the department by the operator shall be in the form as the director prescribes,...
• 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...
• 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,...
• 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 judicial review, is being violated by...
• 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...
• 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...
• 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...
• 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...
• Article 2 Coal Surface Mining Reclamation.
• Article 3 Surface Mining Control and Reclamation.
• Section 9-16-70 Short title
  This article shall be known and may be cited as "The Alabama Surface Mining Control and Reclamation Act of 1981."
• Section 9-16-71 Declaration of public policy and legislative intent; all land surface mined under this article shall be reclaimed
  (a) The objective of this article is to provide for the safe, responsible and reasonable reclamation of lands upon which surface disturbances will be created...
• Section 9-16-72 Definitions
  The following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings: (1) APPLICANT. Any person or...
• Section 9-16-73 Surface Mining Commission - Creation; composition; officers; compensation; meetings; offices; funds; removal of members
  (a) There is continued as previously established the Alabama Surface Mining Reclamation Commission under the name of the Alabama Surface Mining Commission for the purpose...
• Section 9-16-74 Surface Mining Commission - Powers
  In addition to any other powers conferred on it by law, the commission shall have the power to do all of the following: (1) Adopt,...
• Section 9-16-75 Adoption of rules pursuant to Alabama Administrative Procedure Act; written notification of commission's rulemaking activities
  In adopting, amending or repealing any rule, including any regulation or standard, the commission shall observe the requirements of the Alabama Administrative Procedure Act (Section...
• Section 9-16-76 Conflict of interest; penalty
  No officer or employee of the commission performing any function or duty under this article, shall have a direct or indirect financial interest in underground...
• Section 9-16-77 Division of Hearings and Appeals
  (a) There is created a Division of Hearings and Appeals within the Alabama Surface Mining Commission to enforce this article. The division shall have such...
• Section 9-16-78 Hearing officer; powers; witness fees
  (a) No hearing officer shall participate in a hearing if he or she has an interest therein. At any such hearing all testimony shall be...
• Section 9-16-79 Hearings and appeals procedure
  Procedures for hearings and appeals under this article shall be made as herein provided and in accordance with such general rules and regulations as the...
• Section 9-16-80 Surface Mining Control and Reclamation Division - Creation; director; chief; transfer of books, records, powers, rights, and personnel
  (a) There is hereby created a Division of Surface Mining Control and Reclamation within the Alabama Surface Mining Commission to enforce the provisions of this...
• Section 9-16-81 Licenses required; application; qualifications; fees
  (a) All surface coal mining operations shall be subject to this article, except as excluded in Section 9-16-99. (b) No person shall engage in or...
• Section 9-16-82 Permits - Required; term; successor in interest; termination; renewal; application
  (a) No person shall engage in surface coal mining operations at a particular location except as a subcontractor of the permittee of that location until...
• Section 9-16-83 Permits - Contents of application; reclamation plan; copy of application filed for public inspection; insurance; blasting plan
  (a) Each application for a surface coal mining reclamation permit under this article shall be accompanied by a fee as determined by the regulatory authority,...
• Section 9-16-84 Reclamation plans; contents
  (a) Each reclamation plan submitted as part of a permit application pursuant to the provisions of this article shall include, in the degree of detail...
• Section 9-16-85 Permits - Approval or denial by authority; filing of violation schedule; issuance to mine on prime farm land
  (a) Upon the basis of a complete mining application and reclamation plan or a revision or renewal thereof, as required by this article, following public...
• Section 9-16-86 Permits - Revisions; application; revision or modification by authority
  (a)(1) During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan,...
• Section 9-16-87 Permits - Coal exploration
  (a) Coal exploration operations including the removal of coal samples for testing, assaying or other associated non-commercial purposes which substantially disturb the natural land surface...
• Section 9-16-88 Permits - Review and appeal of applications
  (a) At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, pursuant to...
• Section 9-16-89 Performance bonds and bond releases
  (a) After a surface coal mining and reclamation permit application has been approved but before such a permit is issued, the applicant shall file with...
• Section 9-16-90 Environmental protection performance standards
  (a) Any permit issued pursuant to this article to conduct surface mining operations shall require that such surface coal mining operations will meet all applicable...
• Section 9-16-91 Surface effects of underground coal mining; requirements; remedies
  (a) The regulatory authority shall promulgate rules and regulations directed toward the surface effects of underground coal mining operations, and embodying the following requirements. In...
• Section 9-16-92 Inspections; authority to inspect records, equipment, premises; etc.; violations; maintenance of records, etc., by permittee; authority to enter upon all lands of the state
  (a) For the purpose of developing or assisting in the development, administration, and enforcement of this article or in the administration and enforcement of any...
• Section 9-16-93 Violations; inspection by authority; remedial actions; hearing; action by Attorney General
  (a) Whenever, on the basis of any information available to it, including receipt of information from any person, the regulatory authority has reason to believe...
• Section 9-16-94 Penalties
  (a) Any permittee or operator who violates any permit condition or who violates any other provision of this article, may be assessed a civil penalty...
• Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages
  (a) Except as provided in subsection (b) of this section, any person having an interest which is or may be adversely affected, (or any citizen...
• Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition; review and public hearing; areas exempt from mining operations
  (a)(1) The regulatory authority shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to which, if...
• Section 9-16-97 Water rights
  (a) Nothing in this article shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law,...
• Section 9-16-98 Experimental practices
  In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential, or public use (including recreational...
• Section 9-16-99 Surface mining operations not subject to this article
  The provisions of this article shall not apply to any of the following activities: (1) The extraction of coal by a landowner for his own...
• Section 9-16-100 Confidentiality of records
  Any record, report or information required to be submitted to the regulatory authority by a licensee or permittee pursuant to this article shall be available...
• Section 9-16-101 Leases of certain lands
  The regulatory authority is hereby vested with the authority and responsibility for consulting with all institutions of this state which own lands or mineral interests...
• Section 9-16-102 Reports of certain coal sales
  Any person engaged in the business of coal brokering or operating a coal sales agency in the State of Alabama and each and every person,...
• Section 9-16-103 Alabama Surface Mining Fund
  (a) All sums received through the payment of fees, the forfeiture of bonds, the recovery of civil penalties or appropriations by the Legislature shall be...
• Section 9-16-104 Reimbursement and funding
  The regulatory authority shall make every effort to obtain maximum reimbursement from the Director of the Office of Surface Mining Reclamation and Enforcement for the...
• Section 9-16-105 Constitutionality and validity of article
  (a) If Public Law 95-87, or any rule or regulation promulgated thereunder or any part of such Public Law 95-87, is adjudged unconstitutional or invalid...
• Section 9-16-106 Provisions cumulative; certain laws not repealed
  This article is cumulative and is intended to preempt local, municipal, county and state regulation of surface coal mining operations and to supplement existing state...
• Section 9-16-107 Effective date
  This article shall become effective immediately upon: (1) Its passage and approval by the Governor, or upon its otherwise becoming a law; and (2) Upon...
• Article 4 Abandoned Mine Reclamation.
• Section 9-16-120 Legislative intent
  It is the express intent of this Legislature by the provisions of this article to provide for and implement a state program for abandoned mine...
• Section 9-16-121 Definitions
  For the purpose of this article the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) ABANDONED MINE LANDS. Lands...
• Section 9-16-122 Abandoned Mine Reclamation Fund
  (a) There is hereby created in the State Treasury a special fund to be called the State Abandoned Mine Reclamation Fund which shall receive all...
• Section 9-16-123 Reclamation priorities
  Expenditures of moneys from the fund on eligible lands and water shall reflect the following priorities in the order stated: (1) The protection of public...
• Section 9-16-124 Lands and waters eligible for reclamation
  For purposes of this article, lands and water eligible for reclamation or drainage abatement expenditures are those which were mined for coal or which were...
• Section 9-16-125 Reclamation program
  (a) The Department of Labor, State Programs Division, shall establish and maintain a state reclamation program for abandoned mines which complies with Title IV of...
• Section 9-16-126 Right of entry
  (a) If the director makes a finding in writing with supporting facts that: (1) Land or water resources have been adversely affected by past coal...
• Section 9-16-127 Acquisition and disposition of lands
  (a) The director, with the approval of the Secretary of Interior, may acquire title in the name of the state to any land or interest...
• Section 9-16-128 Landowners' actions; review by director; prior right of purchase; review by court
  (a) Any landowner adversely affected by the action of the director under Section 9-16-127 of this article may institute proceedings to have the action reviewed...
• Section 9-16-129 Property subject to lien; statement by director; amount; priority
  (a) Within six months after the completion of projects to restore, reclaim, abate, control or prevent adverse effects of past coal mining practices on privately...
• Section 9-16-130 Filling voids, sealing tunnels, shafts, etc
  (a) The Governor may request the Secretary of Interior to authorize the director to fill voids, seal open or abandoned tunnels, shafts, and entryways, and...
• Section 9-16-131 Interagency cooperation
  All departments, boards, commissions and agencies of this state shall cooperate with the director by providing such available technical expertise, personnel, equipment, materials and supplies...
• Section 9-16-132 Injunctions
  (a) The director may request the Attorney General, who is hereby authorized to initiate, in addition to any other remedies provided for in this article,...
• Section 9-16-133 Powers of director
  It shall be the duty of the director to administer the provisions of this article and he shall have the power and authority to: (1)...
• Section 9-16-134 Insurance
  The department shall have workers' compensation on all employees operating under this article in the amount prescribed by the workers' compensation laws of Alabama and...
• Section 9-16-135 Special Abandoned Mine Reclamation Trust Fund; deposit, administration and disbursal of funds
  There is hereby created in the State Treasury a Special Abandoned Mine Reclamation Trust Fund to receive and retain up to 10 percent of the...

Last modified: May 3, 2021