Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-2B - GENERAL APPLICABILITY › Section 880-X-2B-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who conducts surface coal mining and reclamation operations on lands on or after 8 months from the date of approval of the State program shall have a permit issued pursuant to the State program. However, under conditions specified in 880-X-8B-.03(a) a person may continue such operations after 8 months after the date of approval of a State program.
(2) The requirements of Chapter 880-X-10 of this Chapter shall be effective and shall apply to each surface coal mining and reclamation operation which is required to obtain a permit under the Act, on the earliest date upon which the Act and this Chapter require a permit to be obtained, except as provided in Paragraph (3) of this Rule.
(3)
(a) Each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of Chapter 880-X-10 of this Chapter, except that--
1. An existing structure which meets the performance standards of Chapter 880-X-10 of this Chapter but does not meet the design requirements of Chapter 880-X-10 of this Chapter may be exempted from meeting those design requirements by the State Regulatory Authority. The State Regulatory Authority shall grant this exemption only as part of the permit application process after obtaining the information required by Rule 880-X-8F-.06 or Rule 880-X-8I-.06 and after making the findings required in Rule 880-X-8K-.10(3)(f).
2. If the performance standard of Chapter 880-X-3 of this Chapter is at least as stringent as the comparable performance standard of Chapter 880-X-10 of this Chapter, an existing structure which meets the performance standards of Chapter 880-X-3 of this Chapter may be exempted by the State Regulatory Authority from meeting the design requirements of Chapter 880-X-10 of this Chapter. The State Regulatory Authority shall grant this exemption only as part of the permit application process after obtaining the information required by Rule 880-X-8F-.06 or Rule 880-X-8I-.06 and after making the findings required in Rule 880-X-8K-.10(3)(f).
3. An existing structure which meets a performance standard of Chapter 880-X-3 of this Chapter which is less stringent than the comparable performance standards of Chapter 880-X-10 of this Chapter or which does not meet a performance standard of Chapter 880-X-10 of this Chapter for which there was no equivalent performance standard in Chapter 880-X-3 of this Chapter shall be modified or reconstructed to meet the performance and design standard of Chapter 880-X-10 of this Chapter pursuant to a compliance plan approved by the State Regulatory Authority only as part of the permit application as required in Rule 880-X-8F-.06 or 880-X-8I-.06 and according to the findings required by Rule 880-X-8K-.10(3)(f).
4. An existing structure which does not meet the performance standards of Chapter 880-X-3 of this Chapter and which the applicant proposes to use in connection with or to facilitate the coal exploration or surface coal mining and reclamation operations shall be modified or reconstructed to meet the standards of Chapter 880-X-10 prior to issuance of the permit.