reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2A - GENERAL › Section 880-X-2A-.07 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) These regulations apply to all coal exploration and surface coal mining and reclamation operations, except -
(a) The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her. Noncommercial use does not include the extraction of coal by one unit of an integrated company or other business or nonprofit entity which uses the coal in its own manufacturing or power plants;
(b) The extraction of coal as an incidental part of Federal, State or local government-financed highway or other construction in accordance with Rule 880-X-2D hereof; and
(c) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16-2/3 percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale in accordance with Subchapter 880-X-2E.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2A - GENERAL › Section 880-X-2A-.08 - Petitions To Initiate Rulemaking

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A petition to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Act shall be in writing, signed by a minimum of 15 citizens of Alabama, and submitted to the State Regulatory Authority.
(2) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendment, or repeal of regulation under the Act and shall indicate whether the petitioner desires a public hearing.
(3) Upon receipt of the petition, the State Regulatory Authority shall determine if the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical justification or law previously considered in a petition or rulemaking on the same issue shall not provide a reasonable basis. If the State Regulatory Authority determines that the petition has a reasonable basis, a notice shall be published in a newspaper of general circulation for the State of Alabama once a week for two consecutive weeks seeking comments from the public on the proposed change. The State Regulatory Authority may hold a public hearing, may conduct an investigation or take other action to determine whether the petition should be granted.
(4) Within 60 days from receipt of the petition, the State Regulatory Authority shall either:
(a) deny the petition in writing on the merits, stating the reasons for denial, or
(b) initiate rulemaking proceedings on the petition.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2A - GENERAL › Section 880-X-2A-.09 - Notice Of Citizen Suits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person who intends to initiate a civil action on his or her own behalf under Section 27 of the Act shall give notice of intent to do so, in accordance with this Section.
(2) Notice shall be given by certified mail to the State Regulatory Authority, the Secretary of the U. S. Department of Interior, and the Director of the U. S. Office of Surface Mining. A copy of the notice shall be sent by first class mail to the State Director of the U. S. Office of Surface Mining.
(3) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any regulation, order, or permit issued under the Act.
(4) If service of notice under this Section is not complete upon mailing to the last known address, as shown in the Commission's files, of the person being notified, then the person bringing the action shall follow the local trial rules for notice until such notice is complete in accordance with those rules.
(5) A person giving notice regarding an alleged violation shall state, to the extent known - -
(a) Sufficient information to identify the provision of the Act, regulation, order, or permit allegedly violated;
(b) The act or omission alleged to constitute a violation;
(c) The name, address, and telephone numbers of the person or persons responsible for the alleged violation;
(d) The date, time, and location of the alleged violation;
(e) The name, address, and telephone number of the person giving notice; and
(f) The name, address, and telephone number of legal counsel, if any, of the person giving notice.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2A - GENERAL › Section 880-X-2A-.10 - Availability Of Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Records required by the Act to be made available locally to the public shall be retained at the geographically closest office of the State Regulatory Authority having jurisdiction over the area involved.
(2) Other records or documents in the possession of the State Regulatory Authority may be requested at the headquarters of the State Regulatory Authority.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 85, 87, 90, 91, 92, 95.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2A - GENERAL › Section 880-X-2A-.11 - Computation Of Time

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as otherwise provided, computation of time under this Chapter is based on calendar days.
(2) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal holiday on which the State Regulatory Authority is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.
(3) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of prescribed time is 7 days or less.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 85, 87, 90, 91, 92, 95.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth the policy and procedures to be followed by State employees to satisfy the requirements of Section 7 of the Act. Section 7 prohibits those State employees identified in Rule 880-X-2C-.06 from having any direct or indirect interest in underground or surface coal mining operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
To establish methods which will ensure, as required by Section 7 of Act 81-435, that each employee of the State Regulatory Authority who performs any function or duty under the Act does not have a direct or indirect financial interest in any underground or surface coal mining operation.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.03 - Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Director of the State Regulatory Authority or his or her authorized designee shall --
(a) Provide advice, assistance, and guidance to all State employees required to file statements pursuant to Rule 880-X-2C-.06;
(b) Promptly review the statement of employment and financial interests and supplements, if any, filed by each employee, to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation;
(c) Resolve prohibited financial interest situations by ordering or initiating remedial action; or by reporting the violations to the Director of the Office of Surface Mining;
(d) Certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved, and that no other prohibited interests have been identified from the statement;
(e) Submit to the Director of the Office of Surface Mining such statistics and information as he or she may request to enable preparation of the required annual report to Congress;
(f) Submit to the Director of the Office of Surface Mining the initial listing of positions as required by Rule 880-X-2C-.06(2), (3), and (4);
(g) Furnish a blank statement 45 days in advance of the filing date established by Rule 880-X-2C-.07(1) to each State employee required to file a statement; and
(h) Inform annually each State employee required to file a statement with the State Regulatory Authority, of the name, address, and telephone number of the person whom they may contact for advice and counseling.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.04 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
See Rule 880-X-2A-.06 for a complete listing of definitions.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71,72, 73, 74, 75, 76, 80.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.05 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Criminal penalties are imposed by Section 7 of the Act. Section 7 prohibits each employee of the State Regulatory Authority who performs any function or duty under the Act from having a direct or indirect financial interest in any underground or surface coal mining operation. The Act provides that whoever knowingly violates the provisions of Section 7 shall upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both.
(2) The provisions in Section 7 of the Act make compliance with the financial interest requirements a condition of employment for employees of the State Regulatory Authority who perform any functions or duties under the Act. Accordingly, an employee who fails to file the required statement will be considered in violation of the intended employment provisions of Section 7 and will be subject to removal from his or her position.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.06 - Who Shall File

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Director of the State Regulatory Authority or his or her authorized designee not to involve performance of any function or duty under the Act or who is no longer employed by the State Regulatory Authority at the time a filing is due, is not required to file a statement.
(2) The Director of the State Regulatory Authority or his or her authorized designee shall prepare a list of those positions within the State Regulatory Authority that do not involve performance of any functions or duties under the Act.
(3) The Director of each State Regulatory Authority shall prepare and submit to the Director of the Office of Surface Mining, an initial listing of positions that do not involve performance of any functions or duties under the Act within 60 days of the effective date of these regulations.
(4) The Director of the State Regulatory Authority or his or her authorized designee shall annually review and update the listing of positions not involving the performance of any functions or duties under the Act. For monitoring and reporting reasons, the listing must contain a written justification for inclusion of the positions listed. The Director of the State Regulatory Authority or his or her authorized designee may revise the listing by the addition or deletion of positions at any time such revisions are required to carry out the purpose of the law or the regulations of this Part. Additions to and deletions from the listing of positions are effective upon notification to the incumbents of the positions added or deleted.
(5) The Secretary or the Director of the Office of Surface Mining may modify the listing at any time one or both of them determine that the listing submitted by the Director of the State Regulatory Authority indicates that coverage is not sufficient to carry out the purposes of the law or the regulations of this Rule.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.07 - When To File

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Employees performing functions or duties under the Act shall file annually on February 1 of each year.
(2) New employees hired, appointed, or transferred to perform functions or duties under the Act will be required to file at the time of entrance to duty.
(3) New employees are not required to file an annual statement on the subsequent annual filing date if this date occurs within two months after their initial statement was filed.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.08 - Where To File

Current through Register Vol. 42, No. 9, June 28, 2024
The Director of the State Regulatory Authority shall file his or her statement with the Director of the Office of Surface Mining pursuant to Part 7 0 5 of Chapter VII of the Code of Federal Regulations. All other employees, as provided in Rule 880-X-2C-.06, shall file their statement with the Director of the State Regulatory Authority or his or her authorized designee.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.09 - What To Report

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each employee shall report all information required on the statement of employment and financial interests of the employee, his or her spouse, minor children, or other relatives who are full-time residents of the employee's home. The report shall be on OSM Form 705.1 as provided by the Office of Surface Mining. The statement consists of three major parts:
(a) a listing of all financial interests, including employment, security, real property, creditor and other financial interests held during the course of the preceding year;
(b) a certification that none of the listed financial interests represent a direct or indirect financial interest in an underground or surface coal mining operation except as specifically identified and described by the employee as part of the certificate; and
(c) a certification by the reviewer that the form as reviewed, that prohibited interests have been resolved, and that no other prohibited interests have been identified from the state.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.10 - Gifts And Gratuities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as provided in Paragraph (2) of this Rule, employees shall not solicit or accept, directly or indirectly any gift, gratuity, favor, entertainment, loan or any other thing of monetary value, from a coal company which --
(a) Conducts or is seeking to conduct, operations or activities that are regulated by the State Regulatory Authority; or
(b) Has interests that may be substantially affected by the performance or non-performance of the employee's official duty.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.11 - Resolving Prohibited Interests

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Actions to be taken by the Director of the State Regulatory Authority or his or her authorized designee are as follows:
(a) If an employee has a prohibited financial interest, the Director of the State Regulatory Authority or his or her designee, shall promptly advise the employee that remedial action which will resolve the prohibited interest is required within 90 days.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2C - GENERAL RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES › Section 880-X-2C-.12 - Appeals Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
Employees have the right to appeal an order for remedial action under Rule 880-X-2C-.ll and shall have 30 days to exercise this right before disciplinary action is initiated.
(a) Employees other than the Director of the State Regulatory Authority, may file their appeal, in writing, through established procedures within the State Regulatory Authority.
(b) The Director of the State Regulatory Authority, may file his or her appeal, in writing, with the Director of the Office of Surface Mining.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2D - GENERAL EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 880-X-2D-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Rule establishes the procedures for determining those surface coal mining and reclamation operations which are exempt from the Act and these regulations because the extraction of coal is an incidental part of Federal, State, or local government-financed highway or other construction.
(2) This Rule exempts the extraction of coal which is incidental to government-financed construction from the requirements of the Act and this Chapter, if that extraction meets specified criteria which ensure that the construction is government-financed and that the extraction of coal is incidental to it.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 99.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2D - GENERAL EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 880-X-2D-.02 - Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority is responsible for enforcing the requirements of this Rule.
(2) Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the extraction operation, the documentation required by Rule 880-X-2D-.05 of these regulations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 99.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2D - GENERAL EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 880-X-2D-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this Rule, the following terms have the meaning specified in Rule 880-X-2A-.06 of these regulations:
(a) Extraction of coal as an incidental part;
(b) Government financing agency; and
(c) Government-financed construction.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 99.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2D - GENERAL EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 880-X-2D-.04 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Coal extraction which is an incidental part of government-financed construction is exempt from the act and these regulations with the exception of the requirements of 880-X-2D-.06 if they are applicable.
(2) Any person who conducts or intends to conduct a coal extraction which does not satisfy Paragraph (1) of this Rule shall not proceed until a permit has been obtained from the State Regulatory Authority.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 99.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2D - GENERAL EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 880-X-2D-.05 - Information To Be Maintained On Site

Current through Register Vol. 42, No. 9, June 28, 2024
Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction operation and available for inspection, documents which show --
(a) A description of the construction project;
(b) The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction; and
(c) The government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 99.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2D - GENERAL EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION › Section 880-X-2D-.06 - Additional Requirements For Coal Removal Incidental To Abandoned Mine Land Projects

Current through Register Vol. 42, No. 9, June 28, 2024
For coal removal incidental to government financed construction where funding for the project is less than 50% and the construction is undertaken as an approved reclamation project under Title IV (The Abandoned Mine Land Program, AML) of the Federal Surface Mining Control and Reclamation Act  30 U.S.C. 1201
et
seq
., as amended; the following shall apply:
(1) The AML contractor and any subcontractor involved in the removal of coal from, or processing of coal on, the project site shall obtain or possess a valid license under Chapter 880-X-6 of the regulations;
(2) The AML contractor shall identify the prospective purchasers or end users of all coal to be extracted under the project prior to concurrence being granted by the Alabama Surface Mining Commission under Code of Federal Regulations,  30 CFR 874.17;
(3) The AML contractor shall maintain records of the exact tonnage of coal removed and the names and addresses of all purchasers or end users of that coal at the project site and make them available to the Alabama Surface Mining Commission upon request;
(4) No coal shall be removed under this exemption unless it is located within the boundaries of the approved construction project and its removal is necessary for achieving the objectives of the Abandoned Mine Land project;
(5) No coal shall be extracted under this Subchapter unless the project has been approved by both the Alabama Department of Industrial Relations and the Alabama Surface Mining Commission in accordance with the provisions of Code of Federal Regulations,  30 CFR 874.17, and;
(6) All coal removal under this exemption shall be under the direct supervision of the AML contractor who shall be liable for any violations of these regulations.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 74, 75, 80, 99.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter implements the exemption contained in the
Code of Ala. 1975
, §
								9-16-99(4) concerning the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 99.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this part, the following terms have the meaning specified, except where otherwise indicated:
(1) Cumulative measurement period means the period of time over which both cumulative production and cumulative revenue are measured.
(a) For purposes of determining the beginning of the cumulative measurement period, subject to the Alabama Surface Mining Commission approval, the operator must select and consistently use one of the following:
1. For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977, or
2. For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.03 - Information Collection

Current through Register Vol. 42, No. 9, June 28, 2024
The information will be used to determine the initial and continuing applicability of the incidental mining exemption to a particular mining operation. Response is required to obtain and maintain the incidental mining exemption in accordance with the
Code of Ala. 1975
, §
								9-16-99(4).
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74,75, 80, 99.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.04 - Application Requirements And Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) Any person who plans to commence or continue coal extraction after the effective date of this chapter in reliance on the incidental mining exemption shall file a complete application for exemption with the Alabama Surface Mining Commission for each mining area.
(b) After the effective date of this chapter, a person may not commence coal extraction based upon the exemption until the Alabama Surface Mining Commission approves such application, except as provided in paragraph (5)(c) of this section.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.05 - Contents Of Application For Exemption

Current through Register Vol. 42, No. 9, June 28, 2024
An application for exemption shall include at a minimum:
(1) The name and address of the applicant;
(2) A list of the minerals sought to be extracted;
(3) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;
(4) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the mining area;
(5) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;
(6) The basis for all annual production, revenue, and fair market value estimates;
(7) A description, including county, township if any, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;
(8) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operation;
(9) Evidence of publication, in a newspaper of general circulation in the county of the mining area, of a public notice that an application for exemption has been filed with the Alabama Surface Mining Commission (The public notice must identity the persons claiming the exemption and must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation.);
(10) Representative stratigraphic cross-section(s) based on test borings or other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of any material, not classified as other minerals, that will also be extracted during the conduct of mining activities;
(11) A map of appropriate scale which clearly identifies the mining area;
(12) A general description of mining and mineral processing activities for the mining area;
(13) A summary of sales commitments and agreements for future delivery, if any, which the applicant has received for other minerals to be extracted from the mining area, or a description of potential markets for such minerals;
(14) If the other minerals are to be commercially used by the applicant, a description specifying the use;
(15) For operations having extracted coal or other minerals prior to filing an application for exemption, in addition to the information required above, the following information must also be submitted:
(a) Any relevant documents the operator has received from the Alabama Surface Mining Commission documenting its exemption from the requirements of the Act;
(b) The cumulative production of the coal and other minerals from the mining area; and
(c) Estimated tonnages of stockpiled coal and other minerals; and
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.06 - Public Availability Of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as provided in paragraph (2) of this section, all information submitted to the Alabama Surface Mining Commission under this chapter shall be made immediately available for public inspection and copying at the local offices of the Alabama Surface Mining Commission having jurisdiction over the mining operations claiming exemption until at least three years after expiration of the period during which the subject mining area is active.
(2) The Alabama Surface Mining Commission may keep Information submitted to the Alabama Surface Mining Commission under this chapter confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information of the persons intending to conduct operations under this chapter.
(3) Information requested to be held as confidential under paragraph (2) of this section shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 99.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.07 - Requirements For Exemption

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Activities are exempt from the requirements of the
Code of Ala. 1975
, §§
								9-16-70,
et
seq
., if all of the following are satisfied:
(a) The cumulative production of coal extracted from the mining area determined annually as described in this paragraph does not exceed 16 2/3 percent of the total cumulative production of coal and other minerals removed during such period for purposes of bona fide sale or reasonable commercial use.
(b) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial use.
(c) The cumulative revenue derived from the coal extracted from the mining area determined annually shall not exceed 50 percent of the total cumulative revenue derived from the coal and other minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be considered rather than revenue.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.08 - Conditions Of Exemption And Right Of Inspection And Entry

Current through Register Vol. 42, No. 9, June 28, 2024
A person conducting activities covered by this chapter shall:
(1) Maintain on-site or at other locations available to authorized representatives of the Alabama Surface Mining Commission and the Secretary of Interior information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the Alabama Surface Mining Commission;
(2) Notify the Alabama Surface Mining Commission upon the completion of the mining operation or permanent cessation of all coal extraction activities; and
(3) Conduct operations in accordance with the approved application or when authorized to extract coal under 880-X-2E-.04(2) or 880-X-2E-.04(5)(c) prior to submittal or approval of an exemption application, in accordance with the standards of this chapter;
(4) Authorized representatives of the Alabama Surface Mining Commission and the Secretary of Interior shall have the right to conduct inspections of operations claiming exemption under this chapter;
(5) Each authorized representative of the Alabama Surface Mining Commission and the Secretary of Interior conducting an inspection under this chapter:
(a) Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;
(b) May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and
(c) Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.09 - Stockpiling Of Minerals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use:
(a) Up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculated based upon the average annual sales, transfer and use from the mining area over the two preceding years; or
(b) For a mining area where coal has been extracted for a period of less than two years, up to an amount that would represent a 12-month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred or used each month.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.10 - Revocation And Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Alabama Surface Mining Commission responsibility. The Alabama Surface Mining Commission shall conduct an annual compliance review of the mining area, utilizing the annual report submitted pursuant to 880-X-2E-.11, an on-site inspection and any other information available to the Alabama Surface Mining Commission.
(2) If the Alabama Surface Mining Commission has reason to believe that a specific mining area was not exempt under the provisions of this chapter at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the Alabama Surface Mining Commission shall notify the operator that the exemption may be revoked and the reason(s) therefor. The exemption will be revoked unless the operator demonstrates to the Alabama Surface Mining Commission within 30 days that the mining area in question should continue to be exempt.
(3)
(a) If the Alabama Surface Mining Commission finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the Alabama Surface Mining Commission shall revoke the exemption and immediately notify the operator and intervenors. If a decision is made not to revoke an exemption, the Alabama Surface Mining Commission shall immediately notify the operator and intervenors.
(b) Any adversely affected person may request administrative review of a decision whether to revoke an exemption within 30 days of the notification of such decision in accordance with procedures established under Chapter 880-X-5.
(c) A petition for administrative review filed under Chapter 880-X-5 shall not suspend the effect of a decision whether to revoke an exemption.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2E - GENERAL EXEMPTION TO COAL EXTRACTION INCIDENT TO THE EXTRACTION OF OTHER MINERALS › Section 880-X-2E-.11 - Reporting Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) Following approval by the Alabama Surface Mining Commission of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the Alabama Surface Mining Commission containing the information specified in paragraph (2) of this section.
(b) The report shall be filed no later than 30 days after the end of the 12-month period as determined in accordance with the definition of "cumulative measurement period" in 880-X-2E-.02.
(c) The information in the report shall cover:
1. Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding 12-month period, and
2. The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-3A - INTERIM PROGRAM REGULATIONS CONTINUED OPERATION UNDER THE INTERIM PROGRAM › Section 880-X-3A-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule provides general introductory and applicability material for the regulatory program required by Section 502(a) of  Public Law 95-87  and Section 12(c) and other sections of the Alabama Surface Mining Control and Reclamation Act of 1981, which allow the continued operation of validly permitted operations pursuant to the standards of the interim regulatory program. These regulations will be effective until permanent program permits are approved or the particular operations are otherwise terminated.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-3A - INTERIM PROGRAM REGULATIONS CONTINUED OPERATION UNDER THE INTERIM PROGRAM › Section 880-X-3A-.02 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority will continue to regulate validly permitted surface coal mining operations pursuant to the interim standards by Section 506(a) of  Public Law 95-87  and Executive Order No. 30 issued by Governor Fob James on June 4, 1980. The interim program regulations promulgated by the U. S. Secretary of Interior are hereby incorporated by reference with the exception of the modifications in Rules 880-X-3A-.05, 880-X-3A-.06, and 880-X-3A-.07.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-3A - INTERIM PROGRAM REGULATIONS CONTINUED OPERATION UNDER THE INTERIM PROGRAM › Section 880-X-3A-.03 - Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It is the responsibility of the permittee to conduct its surface coal mining and reclamation operations in accordance with these regulations, permit conditions and all applicable laws.
(2) It is the responsibility of the permittee who wishes to continue surface coal mining and reclamation operations under these provisions after a period of eight months from the date of approval of the State Regulatory Program to submit a new permit application within two months of program approval in accordance with Rules 880-X-8B, 880-X-8D - 880-X-8J.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-3A - INTERIM PROGRAM REGULATIONS CONTINUED OPERATION UNDER THE INTERIM PROGRAM › Section 880-X-3A-.04 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The requirements of this Chapter apply to surface coal mining and reclamation operations validly permitted under the interim program until eight months after the date of approval of the State Regulatory Program.
(2) The requirements of this Chapter apply to surface coal mining and reclamation operations validly permitted under the interim program (for which the permittee has submitted a permit application within two months of the date of approval of the State Regulatory Program) until such time as a decision is rendered on the permit application.
(3) All reclamation provisions shall apply until complete bond release.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 80, 81, 82.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-3A - INTERIM PROGRAM REGULATIONS CONTINUED OPERATION UNDER THE INTERIM PROGRAM › Section 880-X-3A-.05 - Use Of Explosives

Current through Register Vol. 42, No. 9, June 28, 2024
The following regulations are adopted in lieu of  30 CFR 715.19  of the Federal Interim Program.
(a) General.
1. The permittee shall comply with all applicable local, State, and Federal laws and regulations and the requirements of this rule in the storage, handling, preparation, and use of explosives.
2. Blasting operations that use more than the equivalent of 5 pounds of TNT shall be conducted according to a time schedule approved by the State Regulatory Authority.
3. All blasting operations shall be conducted by experienced, trained, and competent persons who understand the hazards involved. Persons working with explosive materials shall --
(i) Have demonstrated a knowledge of, and a willingness to comply with, safety and security requirements;
(ii) Be capable of using mature judgement in all situations;
(iii) Be in good physical condition and not addicted to intoxicants, narcotics, or other similar type of drugs;
(iv) Possess current knowledge of the local, State and Federal laws and regulations applicable to his work; and
(v) Have obtained a certificate of completion of training and qualification as required by State law or the State Regulatory Authority.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-3A - INTERIM PROGRAM REGULATIONS CONTINUED OPERATION UNDER THE INTERIM PROGRAM › Section 880-X-3A-.06 - Revegetation: Surface Coal Mine Operators

Current through Register Vol. 42, No. 9, June 28, 2024
The following regulations are adopted in lieu of  30 CFR 715.20  of the Federal Interim Program.
(a) General.
1. The permittee shall establish on all land that has been disturbed, a diverse, effective, and permanent vegetative cover of species native to the area of disturbed land or species that will support the planned postmining land uses of the land approved according to  30 CFR 715.13. For areas designated as prime farmland, the reclamation procedures of  30 CFR 716.7  shall apply.
2. Revegetation shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with approved land uses. The vegetative cover shall be capable of stabilizing the soil surface with respect to erosion. All disturbed lands, except water areas and surface areas of roads that are approved as a part of the postmining land use, shall be seeded or planted to achieve a vegetative cover of the same seasonal variety native to the area of disturbed land. If both the pre- and postmining land use is intensive agriculture, planting of the crops normally grown will meet the requirement. Vegetative cover will be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the intended land use when compared with the utility of naturally occurring vegetation during each season of the year.
3. On Federal lands, the surface management, agency shall be consulted for approval prior to revegetation regarding what species are selected, and following revegetation, to determine when the area is ready to be used.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in the regulation in this Rule, the term --
(a) "Act" means the Alabama Surface Mining Control and Reclamation Act of 1981, Act 81-435,
et
seq
.
(b) "ASMC" means the Office of the Alabama Surface Mining Commission.
(c) "Commission" means the Alabama Surface Mining Commission and within the meaning of this Rule is separate and apart from the DHA.
(d) "DHA" means the Division of Hearings and Appeals created under Section 8 of the Act.
(e) "Regulatory Authority" means the Alabama Surface Mining Commission acting by and through its Director or his designee.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.