reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10H - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - MOUNTAINTOP REMOVAL › Section 880-X-10H-.03 - Mountaintop Removal: Performance Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Surface coal mining activities may be conducted under a variance from the requirement of this Chapter for restoring affected areas to their approximate original contour, if --
(a) The variance is granted under a permit in accordance with Rule 880-X-8J-.05.
(b) The activities involve the mining of an entire coal seam running through the upper fraction of a mountain, ridge, or hill, by removing all of the overburden and creating a level plateau or gently rolling contour with no highwall remaining;
(c) An industrial, commercial, agricultural, residential, forestry or public facility (including recreational facilities) use is proposed and approved for the affected land;
(d) The alternative landuse requirements of Rule 880-X-10C-.66 are met;
(e) All applicable requirements of this Chapter other than the requirement to restore affected areas to their approximate original contour, are met;
(f) An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam, and its associated overburden, are retained to prevent slides and erosion, except that the State Regulatory Authority shall permit an exemption to the retention of the coal barrier requirement if the following conditions are satisfied.
1. The proposed mine site has been mined prior to May 3, 1978, and the toe of the lowest seam has been removed; or
2. A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of a head-of-hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier;
(g) The final graded slopes on the mined area are less than lv:5h, so as to create a level plateau, or gently rolling configuration, and the outslopes of the plateau do not exceed lv:2h except where engineering data substantiates, and the State Regulatory Authority finds, in writing, and includes in the permit under Rule 880-X-8J-.05 that a minimum static safety factor of 1.5 will be attained;
(h) The resulting level or gently rolling contour is graded to drain inward from the outslope, except at specified points where it drains over the outslope in stable and protected channels. The drainage shall not be through or over a valley or head-of-hollow fill;
(i) Natural watercourses below the lowest coal seam mined are not damaged;
(j) All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, are covered with non-toxic spoil to prevent pollution and achieve the approved postmining land use; and
(k) Spoil is placed on the mountaintop bench as necessary to achieve the postmining land use approved under Paragraphs (1)(c) and (1)(d) of this Rule. All excess spoil material not retained on the mountaintop shall be placed in accordance with Rule 880-X-10C-.36.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10I - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 880-X-10I-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth special additional environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations conducted on steep slopes meaning any slope of 20 degrees or more as defined in Rule 880-X-2A-.06.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 84, 85, 90.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10I - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 880-X-10I-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
The objective of this Rule is to ensure adequate environmental protection during surface coal mining and reclamation operations on steep slopes.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 84, 85, 90.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10I - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 880-X-10I-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any surface coal mining and reclamation operations on steep slopes shall meet the requirements of this Rule.
(2) The standards of this Rule do not apply to mining conducted on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominately flat area, or to operations covered by Rule 880-X-10H.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 84, 85, 90.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10I - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 880-X-10I-.04 - Steep Slopes: Performance Standards

Current through Register Vol. 42, No. 9, June 28, 2024
Surface coal mining and reclamation operations subject to this Rule shall comply with requirements of Rules 880-X-10C-.53 through 880-X-10C-.56 and the following, except to the extent a variance is approved under Rule 880-X-10I-.05.
(1) The following materials shall not be placed on the downslope:
(a) Spoil.
(b) Waste materials of any type.
(c) Debris, including that from clearing and grubbing.
(d) Abandoned or disabled equipment.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10I - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 880-X-10I-.05 - Steep Slopes: Limited Variances

Current through Register Vol. 42, No. 9, June 28, 2024
Persons may be granted variances from the approximate original contour requirements of Rule 880-X-10I-.04(b) for steep slope surface coal mining and reclamation operations, if the following standards are met and a permit incorporating the variance is approved under Rule 880-X-8J-.07:
(a) The highwall shall be completely backfilled with spoil material, in a manner which results in a static factor of safety of at least 1.3 using standard geotechnical analyses.
(b) The watershed control of the area within which the mining occurs shall be improved by reducing the peak flow from precipitation and reducing the total suspended solids or other pollutants in the surface water discharge during precipitation. The total volume of flow during every season of the year shall not vary in a way that adversely affects the ecology of any surface water or any existing or planned public or private use of surface or ground water.
(c) Land above the highwall may be disturbed only to the extent that the State Regulatory Authority deems appropriate and approves as necessary to facilitate compliance with the provisions of this Rule and if the State Regulatory Authority finds that the disturbance is necessary to --
1. Blend the solid highwall and the backfilled material;
2. Control surface runoff; or
3. Provide access to the area above the highwall.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10J - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS NOT LOCATED WITHIN THE PERMIT AREA FOR A MINE › Section 880-X-10J-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth requirements for coal processing plants and their support facilities not located within the permit area for a mine, to ensure the protection of public property and the environment, in accordance with the Act.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 85, 90, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10J - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS NOT LOCATED WITHIN THE PERMIT AREA FOR A MINE › Section 880-X-10J-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
Each person who conducts surface coal mining and reclamation operations, which includes the operation of a coal processing plant which is not located within the permit area for a specific mine, shall obtain a permit in accordance with Rule 880-X-8J-.11 to conduct those operations and comply with Rule 880-X-10J-.03.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 85, 90, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10J - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS NOT LOCATED WITHIN THE PERMIT AREA FOR A MINE › Section 880-X-10J-.03 - Coal Processing Plants: Performance Standards

Current through Register Vol. 42, No. 9, June 28, 2024
Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by this Rule shall comply with the following:
(a) Signs and markers for the coal processing plant, coal processing waste disposal area, and water treatment facilities shall comply with Rule 880-X-10C-.03.
(b) Roads, transport, and associated structures shall be constructed, maintained, and reclaimed in accordance with Rules 880-X-10C-.67 - 880-X-10C-.73.
(c) Any stream or channel realignment shall comply with Rule 880-X-10C-.15.
(d) Any disturbed area related to the coal processing plant or associated facilities shall have sediment control structures, in compliance with Rules 880-X-10C-.16 and 880-X-10C-.17, and all discharges from these areas shall meet the requirements of Rules 880-X-10C-.12 - 880-X-10C-.13 and any other applicable State law.
(e) Permanent impoundments associated with coal processing plants shall meet the requirements of Rules 880-X-10C-.20 and 880-X-10C-.27. Dams constructed of or impounding coal processing waste shall comply with Rules 880-X-10C-.46 - 880-X-10C-.48.
(f) Water rights shall be protected in accordance with Rule 880-X-10C-.25.
(g) Disposal of coal processing waste, solid waste, and any excavated materials shall comply with Rules 880-X-10C-.38 - 880-X-10C-.88, 880-X-10C-.45, and 880-X-10C-.36, respectively.
(h) Discharge structures for diversion and sediment control structures shall comply with Rule 880-X-10C-.18.
(i) Ensure public safety and health.
(j) Fish, wildlife and related environmental values shall be protected in accordance with Rule 880-X-10C-.49.
(k) Slide areas and other surface areas shall comply with Rule 880-X-10C-.50.
(l) Adverse effects upon or resulting from nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to compliance with Rule 880-X-10C-.26 and 880-X-10C-.37.
(m) Reclamation shall include proper topsoil handling procedures, revegetation, and abandonment, in accordance with Rules 880-X-10C-.27, 880-X-10C-.51 - 880-X-10C-.57, 880-X-10C-.58 - 880-X-10C-.63 and 880-X-10C-.64 - 880-X-10C-.66.
(n) Conveyors, buildings, storage bins or stockpiles, water treatment facilities, water storage facilities, and any structure or system related to the coal processing plant shall comply with Rule 880-X-10C.
(o) Any coal processing plant or associated structures located on prime farmland shall meet the requirements of Rule 880-X-10G.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 85, 90, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10K - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 880-X-10K-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth special environmental protection performance, reclamation design standards for in situ processing activities.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 85, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10K - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 880-X-10K-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule is intended to ensure that all in situ processing activities are conducted in a manner which preserves and enhances environmental values in accordance with the Act. This Rule provides additional performance, reclamation and design standards to reflect the nature of in situ processing.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 85, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10K - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 880-X-10K-.03 - In Situ Processing: Performance Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The person who conducts in situ processing activities shall comply with Rule 880-X-10D and this Rule.
(b) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by:
1. Avoiding discharge of fluids into holes or wells, other than as approved by the State Regulatory Authority;
2. Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the State Regulatory Authority;
3. Avoiding annular injection between the wall of the drill hole and the casing; and
4. Preventing discharge of process fluid into surface waters.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10K - PERFORMANCE STANDARDS - SPECIAL PERFORMANCE STANDARDS - IN SITU PROCESSING › Section 880-X-10K-.04 - In Situ Processing: Monitoring

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics, in a manner approved by the State Regulatory Authority under Rule 880-X-10D-.22, to measure changes in the quantity and quality of water in surface and ground water systems in the permit and in offsite areas.
(b) Water quality monitoring shall be conducted in accordance with monitoring programs approved by the State Regulatory Authority as necessary according to appropriate State and Federal water quality standards.
(c) Results of the monitoring will be reported to the State Regulatory Authority on a schedule as determined by the State Regulatory Authority.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 85, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11A - INSPECTION AND ENFORCEMENT PROCEDURES GENERAL REQUIREMENT FOR INSPECTION AND ENFORCEMENT › Section 880-X-11A-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth the general requirements for inspections and enforcement of surface coal mining and reclamation operations and of coal explorations which substantially disturb the natural land surface.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11A - INSPECTION AND ENFORCEMENT PROCEDURES GENERAL REQUIREMENT FOR INSPECTION AND ENFORCEMENT › Section 880-X-11A-.02 - Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall conduct inspections of the activities identified in Rule 880-X-11A-.01 in accordance with Rule 880-X-11B.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11A - INSPECTION AND ENFORCEMENT PROCEDURES GENERAL REQUIREMENT FOR INSPECTION AND ENFORCEMENT › Section 880-X-11A-.03 - Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall enforce these regulations in accordance with Rules 880-X-9E, 880-X-11C, 880-X-11D, and Chapter 880-X-8 of these regulations and in accordance with §§24, 25 and 26 of this Act.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11A - INSPECTION AND ENFORCEMENT PROCEDURES GENERAL REQUIREMENT FOR INSPECTION AND ENFORCEMENT › Section 880-X-11A-.04 - Availability Of Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall make available to the Office of Surface Mining, upon request, copies of all documents relating to applications for and approvals of existing, new, or revised coal exploration approvals or surface coal mining and reclamation operations permits and all documents relating to inspection and enforcement actions.
(2) Except as provided in Rules 880-X-8C-.09 and 880-X-8K-.05 and Paragraph (3) of this Rule and Section 32 of the Act, copies of all records, reports, inspection materials, or information obtained by the State Regulatory Authority shall be made immediately available to the public in the area of mining so that they are conveniently available to residents of that area until at least five (5) years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation bond.
(3) In order to protect preparation for hearings and enforcement proceedings, the Director of the Office of Surface Mining, and the State Regulatory Authority may enter into agreements regarding procedures for the special handling of investigative and enforcement reports and other such materials.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11A - INSPECTION AND ENFORCEMENT PROCEDURES GENERAL REQUIREMENT FOR INSPECTION AND ENFORCEMENT › Section 880-X-11A-.05 - Public Participation

Current through Register Vol. 42, No. 9, June 28, 2024
Rules 880-X-11B, 880-X-11C and 880-X-11D provide for public participation in the enforcement of these regulations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11B - INSPECTION AND ENFORCEMENT PROCEDURES INSPECTIONS › Section 880-X-11B-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth procedures governing inspections.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 81, 82, 83, 87, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11B - INSPECTION AND ENFORCEMENT PROCEDURES INSPECTIONS › Section 880-X-11B-.04 - Right Of Entry

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each authorized representative of the State Regulatory Authority conducting an inspection under Rule 880-X-11B-.02:
(a) Shall have a right of entry to, upon, and through any coal exploration, permitted or unpermitted surface coal mining and reclamation operation, without advance notice or a search warrant, upon presentation of appropriate credentials; and
(b) May, at reasonable times and without delay, have access to and copy any records, and inspect any monitoring equipment or method of operation, required under the Act, these regulations, or any condition of an exploration approval or permit imposed under the Act or these regulations.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11B - INSPECTION AND ENFORCEMENT PROCEDURES INSPECTIONS › Section 880-X-11B-.05 - Review Of Adequacy And Completeness Of Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the Director of the State Regulatory Authority in writing of any alleged failure on the part of the State Regulatory Authority to make adequate and complete inspections as provided in Rules 880-X-11B-.02(1), (2), (3), (4), (5)(a)1. The notification shall include sufficient information to create a reasonable belief that said Rules are not being complied with and to demonstrate that the person is or may be adversely affected. The Director shall within 15 days of receipt of the notification determine whether said Rules are being complied with, and if not, shall immediately order an inspection to remedy the non-compliance. The State Regulatory Authority shall also furnish the complainant with a written statement of the reasons for such determination and the actions, if any, taken to remedy the noncompliance.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 81, 82, 83, 87, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11B - INSPECTION AND ENFORCEMENT PROCEDURES INSPECTIONS › Section 880-X-11B-.06 - Review Of Decision Not To Inspect Or Enforce

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the State Regulatory Authority to review informally an authorized representative's decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for inspection under Rule 880-X-11B-.03. The request for informal review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.
(2) The State Regulatory Authority shall conduct the informal review and inform the person, in writing, of the results of the review within 30 days of his or her receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the person shall not be disclosed unless confidentiality has been waived.
(3) Informal review under this Rule shall not affect any right to formal review under §§5, 9, 10, and 27 of the Act.
Author:
Statutory Authority:
Code of Ala. 1975
, §
										9-16-71, 73, 74, 75, 76, 79, 80, 81, 82, 83, 87, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11C - INSPECTION AND ENFORCEMENT PROCEDURES ENFORCEMENT › Section 880-X-11C-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth rules regarding enforcement by the State Regulatory Authority of the Act, these regulations and all conditions of permits and coal exploration approvals imposed under the Act, or these regulations. Civil penalties in connection with notices of violation and cessation orders issued under this Rule are set forth in Rule 880-X-11D.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 79, 80, 85, 92, 93, 94, 95.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11C - INSPECTION AND ENFORCEMENT PROCEDURES ENFORCEMENT › Section 880-X-11C-.02 - Cessation Orders

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) An authorized representative of the Alabama Surface Mining Commission shall immediately order a cessation of surface coal mining and reclamation operations on the portion thereof relevant to the condition, practice or violation and issue a citation for an expeditious hearing before a hearing officer pursuant to Sections 9 and 10 of the Act, if he finds, on the basis of any inspection, any condition or practice, or any violation of the Act, these regulations or any condition of an exploration approval or permit imposed under the Act, or these regulations, which condition, practice or violation:
1. Creates an imminent danger to the health or safety of the public; or
2. Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11C - INSPECTION AND ENFORCEMENT PROCEDURES ENFORCEMENT › Section 880-X-11C-.03 - Notices Of Violation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An authorized representative of the State Regulatory Authority shall issue a notice of violation if, on the basis of an inspection, he finds a violation of the Act, these regulations or any condition of a permit or an exploration approval imposed under the Act, or these regulations, which does not create an imminent danger or harm for which a cessation order must be issued under Rule 880-X-11C-.02.
(2) A notice of violation issued under this Rule shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:
(a) The nature of the violation;
(b) The remedial action required, which may include interim steps;
(c) A reasonable time for abatement, which may include time for accomplishment of interim steps; and
(d) A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11C - INSPECTION AND ENFORCEMENT PROCEDURES ENFORCEMENT › Section 880-X-11C-.04 - Suspension Or Revocation Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) Except as provided in Paragraph (2) of this Rule, the Director of the State Regulatory Authority shall issue an order to a permittee requiring him to show cause why his permit should not be suspended or revoked and shall provide opportunity for a public hearing pursuant to Sections 9 and 10 of the Act, when, on the basis of an inspection by an authorized representative of the State Regulatory Authority the Director of the State Regulatory Authority determines that a pattern of violations of any requirements of the Act, or any permit condition required by the Act exists or has existed, and also finds that the violations are caused by the unwarranted failure of the permittee to comply with any requirements of the Act or any permit conditions, or that such violations are willfully caused by the permittee. Willful violation means an act or omission which violates the Act, or any permit condition required by the Act, committed by a person who intends the result which actually occurs. Unwarranted failure to comply means the failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of the Act, due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or the Act, due to indifference, lack of diligence, or lack of reasonable care. Violations by any person conducting surface coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage.
(b) The Director of the State Regulatory Authority may determine that a pattern of violations exists or has existed, based on two or more inspections of the permit area within any 12-month period, after considering the circumstances, including:
1. The number of violations, cited on more than one occasion, of the same or related requirements of the Act, these regulations, or the permit;
2. The number of violations, cited on more than one occasion, of different requirements of the Act, these regulations, or the permit; and
3. The extent to which the violations were isolated departures from lawful conduct.
(c) The Director of the State Regulatory Authority shall determine that a pattern of violations exists, if he finds that there were violations of the same or related requirements of the Act, these regulations, or the permit during three or more inspections of the permit area within any 12-month period.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11C - INSPECTION AND ENFORCEMENT PROCEDURES ENFORCEMENT › Section 880-X-11C-.05 - Service Of Notices Of Violation Cessation Orders, And Show Cause Orders

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows:
(a) By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge of the coal exploration or surface coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.
(b) As an alternative to Paragraph (1)(a) of this Rule, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his designated agent. Service shall be complete upon tender of the notice or order or of the mail and shall not be deemed incomplete because of refusal to accept.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11C - INSPECTION AND ENFORCEMENT PROCEDURES ENFORCEMENT › Section 880-X-11C-.06 - Informal Public Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as provided in Paragraph (2) of this Rule, a notice of violation or cessation order which requires cessation of all or any portion of the surface coal mining and reclamation operation, expressly or by necessary implication, shall expire within 30 days after it is served unless an informal public hearing has been held within that time. The hearing shall be held at or reasonably close to the mine site so that it may be viewed during the hearing or at any other location acceptable to the State Regulatory Authority and the person to whom the notice or order was issued. The State Regulatory Authority Field Office nearest to the mine site shall be deemed to be reasonably close to the mine site unless a closer location is requested and agreed to by the State Regulatory Authority. Expiration of a notice or order shall not affect the State Regulatory Authority's right to assess civil penalties with respect to the period during which the notice or order was in effect. No hearing will be required where the condition, practice or violation in question has been abated or the hearing has been waived.
(2) A notice of violation or cessation order shall not expire as provided in Paragraph (1) of this Rule if the informal public hearing has been waived or if, with the consent of the person to whom the notice or order was issued, the informal public hearing is held later than 30 days after the notice or order was served. For purposes of this Rule:
(a) The informal public hearing will be deemed waived if the person to whom the notice or order is issued;
1. Is informed, by written notice served in the manner provided in Paragraph (2)(b) of this Rule, that he will be deemed to have waived an informal public hearing unless he requests one within 30 days after service of the notice; and
2. Fails to request an informal public hearing within that time.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11C - INSPECTION AND ENFORCEMENT PROCEDURES ENFORCEMENT › Section 880-X-11C-.07 - Formal Review Of Citations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person issued a notice of violation or cessation order under Rule 880-X-11C-.02 or 880-X-11C-.03, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation or termination of a notice or order, may request review of that action by filing an application for review and a request for hearing before the DHA within 30 days after receiving notice of the action.
(2) The filing of an application for review and request for a hearing under this Rule shall not operate as a stay of any notice or order, or of any modification, termination or vacation of either.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 79, 80, 85, 92, 93, 94, 95.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11C - INSPECTION AND ENFORCEMENT PROCEDURES ENFORCEMENT › Section 880-X-11C-.08 - Inability To Comply

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No cessation order or notice of violation issued under this Rule may be vacated because of inability to comply.
(2) Inability to comply may not be considered in determining whether a pattern of violations exists.
(3) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under Rule 880-X-11D and of the duration of the suspension of a permit under Rule 880-X-11C-.04(5).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 79, 80, 85, 92, 93, 94, 95.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11C - INSPECTION AND ENFORCEMENT PROCEDURES ENFORCEMENT › Section 880-X-11C-.09 - Injunctive Relief

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other order, in the court of jurisdiction for the judicial circuit in which the coal exploration or surface coal mining and reclamation operation is located or in which the person to whom the notice of violation or order has been issued has his principal office, whenever that person or his or her agent, in violation of the Act, these regulations, or any condition of an exploration approval or permit imposed under the Act, or these regulations;
(a) Violates or fails or refuses to comply with any order or decision of the State Regulatory Authority or an authorized representative of the State Regulatory Authority under the Act or these regulations;
(b) Interferes with, hinders or delays the State Regulatory Authority or an authorized representative of the State Regulatory Authority in carrying out the provisions of the Act, these regulations, or the program;
(c) Refuses to admit an authorized representative of the State Regulatory Authority to a mine;
(d) Refuses to permit inspection of a mine by an authorized representative of the State Regulatory Authority;
(e) Refuses to furnish any required information or report requested by the State Regulatory Authority in the furtherance of the provisions of the Act;
(f) Refuses to permit access to, and copying of, such records as the State Regulatory Authority determines necessary in carrying out the provisions of the Act; or
(g) Refuses to permit inspection of monitoring equipment.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 79, 80, 85, 92, 93, 94, 95.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11D - INSPECTION AND ENFORCEMENT PROCEDURES CIVIL PENALTIES › Section 880-X-11D-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule covers the assessment of civil penalties under Section 26 of the Act with respect to cessation orders and notices of violation issued under Rule 880-X-11C.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11D - INSPECTION AND ENFORCEMENT PROCEDURES CIVIL PENALTIES › Section 880-X-11D-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
Civil penalties are assessed under Section 26 of the Act and this Rule to deter violations and to ensure maximum compliance with the terms and purposes of the Act on the part of the coal mining industry.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11D - INSPECTION AND ENFORCEMENT PROCEDURES CIVIL PENALTIES › Section 880-X-11D-.03 - How Assessments Are Made

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall review each notice of violation and cessation order in accordance with the assessment procedures described in Rules 880-X-11D-.04, 880-X-11D-.05, 880-X-11D-.06, 880-X-11D-.07, 880-X-11D-.08, and 880-X-11D-.09 to determine whether a civil penalty will be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11D - INSPECTION AND ENFORCEMENT PROCEDURES CIVIL PENALTIES › Section 880-X-11D-.04 - When Penalty Will Be Assessed

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Regulatory Authority shall assess a penalty for each violation which leads to the issuance of a cessation order.
(2) The State Regulatory Authority shall assess a penalty for each notice of violation, if the violation is assigned 31 points or more under the point system described in Rule 880-X-11D-.05.
(3) The State Regulatory Authority may assess a penalty for each notice of violation assigned 30 points or less under the point system described in Rule 880-X-11D-.05. In determining whether to assess a penalty, the State Regulatory Authority shall consider the factors listed in Rule 880-X-11D-.05(2).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94, 95.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11D - INSPECTION AND ENFORCEMENT PROCEDURES CIVIL PENALTIES › Section 880-X-11D-.05 - Point System For Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall use the point system described in this Rule to determine the amount of the penalty and, in the case of notices of violation, whether a mandatory penalty should be assessed as provided in Rule 880-X-11D-.04(2).
(2) Points shall be assigned as follows:
(a) History of previous violations. The State Regulatory Authority shall assign up to 30 points based on the history of previous violations. One point shall be assigned for each past violation contained in a notice of violation. Five points shall be assigned for each violation (but not a condition or practice) contained in a cessation order. The history of previous violations, for the purpose of assigning points, shall be determined and the points assigned with respect to a particular coal exploration or surface coal mining operation. Points shall be assigned as follows:
1. A violation shall not be counted, if the notice or order is the subject of pending administrative or judicial review or if the time to request such review or to appeal any administrative or judicial decision has not expired, and thereafter it shall be counted for only one year;
2. No violation for which the notice or order has been vacated shall be counted; and
3. Each violation shall be counted without regard to whether it led to a civil penalty assessment.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11D - INSPECTION AND ENFORCEMENT PROCEDURES CIVIL PENALTIES › Section 880-X-11D-.06 - Determination Of Amount Of Penalty

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall determine the amount of any civil penalty by converting the total number of points assigned under Rule 880-X-11D-.05 to a dollar amount, according to the following schedule:
Points
Dollars
Points
Dollars
1
150
27
1,050
2
150
28
1,200
3
150
29
1 ,350
4
150
30
1,500
5
150
31
1,650
6
300
32
1 ,800
7
300
33
1,950
8
300
34
2,100
9
300
35
2,250
10
300
36
2,400
11
330
37
2,550
12
360
38
2,700
13
390
39
2,850
14
420
40
3,000
15
450
41
3,150
16
480
42
3,300
17
510
43
3,450
18
540
44
3,600
19
570
45
3,750
20
600
46
3,900
21
630
47
4,050
22
660
48
4,200
23
690
49
4,350
24
720
50
4,500
25
750
51
4,650
26
900
52
4,800
53
4,950
54 and above
5,000
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11D - INSPECTION AND ENFORCEMENT PROCEDURES CIVIL PENALTIES › Section 880-X-11D-.07 - Assessment Of Separate Violations For Each Day

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the State Regulatory Authority shall consider the factors listed in Rule 880-X-11D-.05 and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply. For any violation which continues for two or more days and which is assigned more than 70 points under Rule 880-X-11D-.05(2), the state Regulatory Authority shall assess a civil penalty for a minimum of two separate days.
(2) In addition to the civil penalty provided for in Paragraph (1) whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order, a civil penalty of not less than $750.00 shall be assessed for each day during which such failure continues, except that, if the person to whom the notice or order was issued initiates review proceedings with respect to the violation, the abatement period shall be extended as follows:
(a) If suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding under Sections 10 and 20 of the Act, after a determination that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the State Regulatory Authority issues a final order with respect to the violation in question;
(b) If the person to whom the notice or order was issued initiates review proceedings under Section 10 of the Act with respect to the violation, in which the obligations to abate are suspended by the court pursuant to Sections 10 and 20 of the Act, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court; and
(c) Such penalty for the failure to abate a violation shall not be assessed for more than 30 days for each such violation. If the permittee has not abated the violation within the 30-day period, the State Regulatory Authority shall take appropriate action pursuant to Sections 25 and 26 of the Act within 30 days to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11D - INSPECTION AND ENFORCEMENT PROCEDURES CIVIL PENALTIES › Section 880-X-11D-.08 - Waiver Of Use Of Formula To Determine Civil Penalty

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority, upon its own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in Rule 880-X-11D-.05 to set the civil penalty, if it determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, the State Regulatory Authority shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the Act, these regulations, or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case.
(2) If the State Regulatory Authority waives the use of the formula, it shall use the criteria set forth in Rule 880-X-11D-.05(2) to determine the appropriate penalty. When the State Regulatory Authority has elected to waive the use of the formula it shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11D - INSPECTION AND ENFORCEMENT PROCEDURES CIVIL PENALTIES › Section 880-X-11D-.09 - Procedures For Assessment Of Civil Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Within 15 days of service of notice or order, the person to whom it was issued may submit written information about the violation to the State Regulatory Authority and to the inspector who issued the notice of violation or cessation order. The State Regulatory Authority shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty.
(2) The State Regulatory Authority shall serve a copy of the proposed assessment and of the worksheet showing the computation of the proposed assessment on the person to whom the notice or order was issued, by certified mail, within 30 days of the issuance of the notice or order. If the mail is tendered at the address of that person set forth in the sign required under Rule 880-X-10C-.03 or at any address at which that person is in fact located, and he or she refuses to accept delivery of or to collect such mail, the requirements of this Paragraph shall be deemed to have been complied with upon such tender.
(3) Unless a conference has been requested, the State Regulatory Authority shall review and reassess any penalty if necessary to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The State Regulatory Authority shall serve a copy of any such reassessment and of the worksheet showing the computation of the reassessment in the manner provided in Paragraph (2) within 30 days after the date the violation is abated.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94.