reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.08 - Soils And Prime Farmlands

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Scope. This rule applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmlands historically used for cropland. Nothing in this rule shall apply to:
(a) Lands on which surface coal mining and reclamation operations are conducted pursuant to any permit issued prior to August 3, 1977; or
(b) Lands on which any surface coal mining and reclamation operations are conducted pursuant to any renewal or revision of a permit issued prior to August 3, 1977; or
(c) Lands included in any existing surface coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that;
1. Such lands are part of a single continuous surface coal mining operation begun under a permit issued before August 3, 1977;
2. The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and
3. The lands contained part of a continuous recoverable coal seam that was mined in a single continuous mining pit (or multiple pits if the lands are proven to be part of a single continuous surface coal mining operation) begun under a permit issued prior to August 3, 1977.
(d) For purposes of this section;
1. "Renewal" of a permit shall mean a decision by the State Regulatory Authority to extend the time by which the permittee may complete mining within the boundaries of the original permit;
2. "Revision" of the permit shall mean a decision by the State Regulatory Authority to allow changes in the method of mining operation within the original permit area, or the decision of the State Regulatory Authority to allow incidental boundary changes to the original permit, or an amendment to a permit issued under the Surface Mining Control and Reclamation Act of 1975.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.09 - Variances For Delay In Contemporaneous Reclamation Requirements In Combined Surface And Underground Mining Operations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Scope. This Rule applies to any person who conducts or intends to conduct combined surface mining activities and underground mining activities, where contemporaneous reclamation as required by Rule 880-X-10C-.51 is not practicable and a delay is requested to allow underground mining activities to be conducted before the reclamation operation for the surface mining activities can be completed.
(2) Objective. This Rule is to allow for delay in reclamation of surface mining activities, if that delay will allow underground mining activities to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface lands or waters.
(3) Application contents for variances. Any person who desires to obtain a variance under this Rule shall file complete applications for both the surface mining activities and underground mining activities which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps and plans, which --
(a) Show why the proposed underground mining activities are necessary or desirable to assure maximum practical recovery of coal;
(b) Show how multiple future disturbances of surface lands or waters will be avoided;
(c) Identify the specific surface areas for which a variance is sought and the particular Rules of the Act and the regulations from which a variance is being sought;
(d) Show how the activities will comply with Rule 880-X-10E and other applicable requirements of these regulations;
(e) Show why the variance sought is necessary for the implementation of the proposed underground mining activities;
(f) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of surface mining activities is delayed; and
(g) Show how off-site storage of spoil shall be conducted to comply with the requirements of the Act, and Rule 880-X-10C-.36.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.10 - Augering

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Rule applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing augering operations.
(2) Any application for a permit for operations covered by this Rule shall contain, in the mining and reclamation plan, a description of the augering methods and the measures to be used to comply with Rule 880-X-10F.
(3) No permit shall be issued for any operations covered by this Rule unless the operation will be conducted in compliance with Rule 880-X-10F and all applicable requirements of this Chapter.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.11 - Coal Processing Plants And Their Support Facilities Not Located Within The Permit Area Of A Specified Mine

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Rule applies to any person who operates or intends to operate a processing plant and associated support facilities not located within a permit area of a specific mine. Any person who operates such a processing plant shall have obtained a permit in accordance with the requirements of this Rule.
(2) Any application for a permit for operations covered by this Rule shall contain in the mining and reclamation plan, specific plans, including descriptions, maps and cross-sections of the construction, operation, maintenance and removal of the processing plants and associated support facilities. The plan shall demonstrate that those operations will be conducted in compliance with Rule 880-X-10J.
(3) No permit shall be issued for any operation covered by this Rule, unless the State Regulatory Authority finds, in writing, that in addition to meeting all other applicable requirements of this Chapter, the operations will be conducted in compliance with the requirements of Rule 880-X-10J.
(4) Not later than sixty (60) days after the effective date of Rules 880-X-2A-.06 Definitions of Coal Processing, Coal Processing Plant, and Surface Coal Mining operations as Amended under Rulemaking 86-1, persons operating coal processing plants not previously subject to this Rule shall apply for a permit or cease operations and reclaim the disturbed areas in accordance with Chapter 880-X-3.
(a) Except as prohibited by Chapter 880-X-7 such operations may continue after the effective date of these amended rules provided that:
1. The operator files a timely application for a permit as required by this paragraph; provided, however, that if the Regulatory Authority determines the application to be incomplete, the applicant shall have sixty (60) days from the notification of incompleteness to correct the deficiencies and have it determined to be complete;
2. The ASMC has not yet issued or denied the permit; and
3. The operation complies with the performance standards of Chapter 880-X-3.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.12 - In Situ Processing Activities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Rule applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing in situ processing activities.
(2) Any application for a permit for operations covered by this Rule shall be made according to all requirements of this Chapter applicable to underground mining activities. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing how those operations will be conducted in compliance with the requirements of Rule 880-X-10K, including --
(a) Delineation of proposed holes and wells and production zone for approval of the State Regulatory Authority;
(b) Specifications of drill holes and casings proposed to be used;
(c) A plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids, or liquids constituting a fire, health, safety or environmental hazard caused by the mining and recovery process; and
(d) Plans for monitoring surface and ground water quantity and quality.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8J - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 880-X-8J-.13 - Lands Eligible For Remining

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This section contains permitting requirements to implement 880-X-8K-.10(2)(d). Any person who submits a permit application to conduct a surface coal mining operation on lands eligible for remining must comply with this section.
(2) Any application for a permit under this section shall be made according to all requirements of this subchapter applicable to surface coal mining and reclamation operations. In addition, the application shall--
(a) To the extent not otherwise addressed in the permit application, identify potential environmental and safety problems related to prior mining activity at the site and that could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions.
(b) With regard to potential environmental and safety problems referred to in paragraph (2)(a) of this section, describe the mitigative measures that will be taken to ensure that the applicable reclamation requirements of the regulatory program can be met.
(c) The requirements of this section shall not apply after September 30, 2004.
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes provisions for --
(a) Public participation in the permit process;
(b) The review of permit applications and decisions on these applications by the State Regulatory Authority; and
(c) Approval or disapproval of permits to conduct surface coal mining and reclamation operations and for the terms and conditions of permits issued.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Rule are to --
(a) Provide for public participation in the review of applications and the issuance, or denial of permits;
(b) Ensure prompt and effective review of each permit application by the State Regulatory Authority; and
(c) Provide the minimum requirements for the terms and conditions of permits issued and the criteria for approval or denial of a permit.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.03 - Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority has the responsibility to approve or disapprove permits.
(2) The State Regulatory Authority and persons applying for permits shall involve the public as required in the permit approval or disapproval process.
(3) The State Regulatory Authority shall assure implementation of these regulations.
(4) The applicant shall provide all information in a complete permit application for review by the State Regulatory Authority in accordance with this Rule.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.04 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For a complete listing of the definition of words used in this Rule, see Rule 880-X-2A-.06.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.05 - Public Participation In Permit Processing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Filing and Public Notice.
(a) Upon submission of an administratively complete application, an applicant for a permit, significant revision of a permit under Section 880-X-8M-.06, or renewal of a permit under Section 880-X-8M-.07, shall place an advertisement in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least once a week for four consecutive weeks. A copy of the advertisement as it will appear in the newspaper shall be submitted with the permit application to the Regulatory Authority. The advertisement shall contain, at a minimum, the following:
1. The name and business address of the applicant;
2. A map or description which clearly shows or describes the precise location and boundaries of the proposed permit area and is sufficient to enable local residents to readily identify the proposed permit area. It may include towns, bodies of water, local landmarks, and any other information which would identify the location. If a map is used, it shall indicate the north direction.
3. The location where a copy of the application is available for public inspection.
4. The name and address of the Regulatory Authority where written comments, objections, or requests for informal conferences on the application may be submitted under paragraphs (2) and (3) of this section.
5. If an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate a public road, except where public notice and hearing have previously been provided for this particular part of the road in accordance with Section 880-X-7B-.09 of this chapter; a concise statement describing the public road, the particular part to be relocated, and the approximate timing and duration of the relocation.
6. If the application includes a request for an experimental practice under Section 880-X-8J-.04, a statement indicating that an experimental practice is requested and identifying the regulatory provisions for which a variance is requested.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.06 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.07 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.08 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.09 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.10 - Review Of Permit Applications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General.
(a) The Alabama Surface Mining Commission shall review the application for a permit, revision, or renewal, written comments and objections submitted; and records of any informal conference or hearing held on the application and issue a written decision within sixty (60) days following public notice and opportunity for public hearing as provided in Section 880-X-8K-.05. If an informal conference is held pursuant to Section 880-X-8K-.05, the decision shall be made within sixty (60) days of the close of the conference, unless a later time is necessary to provide an opportunity for a hearing under paragraph (2)(c) of this section.
(b) The applicant for a permit or revision of a permit shall have the burden of establishing that his application is in compliance with all the requirements of the regulatory program.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.11 - Permit Conditions

Current through Register Vol. 42, No. 9, June 28, 2024
Each permit issued by the Alabama Surface Mining Commission shall be subject to the following conditions:
(1) The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps submitted with the application and authorized for the term of the permit and that are subject to the performance bond or other equivalent guarantee in effect pursuant to Chapter 880-X-9.
(2) The permittee shall conduct all surface coal mining and reclamation operations only as described in the approved application, except to the extent that the Alabama Surface Mining Commission otherwise directs in the permit.
(3) The permittee shall comply with the terms and conditions of the permit, all applicable performance standards of the Act, and the requirements of the regulatory program.
(4) Without advance notice, delay, or a search warrant, upon presentation of appropriate credentials, the permittee shall allow the authorized representatives of the Secretary and the Alabama Surface Mining Commission to --
(a) Have the right of entry provided for in Chapter 880-X-11; and
(b) Be accompanied by private persons for the purpose of conducting an inspection in accordance with chapter 880-X-11 when the inspection is in response to an alleged violation reported to the Alabama Surface Mining Commission by the private person.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.12 - Permit Issuance And Right Of Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Decision. If the application is approved, the permit shall be issued upon submittal of a performance bond in accordance with Chapter 880-X-9. If the application is disapproved, specific reasons therefore shall be set forth in the notification required by paragraph (2) of this section.
(2) Notification. The Regulatory Authority shall issue written notification of the decision to the following persons and entities:
(a) The applicant, each person who files comments or objections to the permit application, and each party to an informal conference.
(b) The local governmental officials in the local political subdivision in which the land to be affected is located within 10 days after the issuance of a permit, including a description of the location of the land.
(c) The local OSM office.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.13 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.14 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.15 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.16 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.17 - Improvidently Issued Permits: General Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Permit review. If the Alabama Surface Mining Commission which has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued, using the criteria in paragraph (2) of this section. Where the Alabama Surface Mining Commission finds that the permit was improvidently issued, it shall comply with paragraph (3) of this section.
(2) Review criteria. The Alabama Surface mining Commission shall find that a surface coal mining and reclamation permit was improvidently issued if:
(a) Under the violations review criteria of the regulatory program at the time the permit was issued:
1. The Alabama Surface Mining Commission should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or
2. The permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with Jurisdiction over the violation, but a cessation order subsequently was issued; and
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8K - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 880-X-8K-.18 - Improvidently Issued Permits: Recission Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
If a decision is made to rescind an improvidently issued permit under 880-X-8K-.17(3)(d), the Alabama Surface Mining Commission shall serve on the permittee a notice of proposed suspension and recission which includes the reasons for the finding under 880-X-8K-.17(2) and states that:
(a) Automatic suspension and recission. After a specified period of time not to exceed 90 days the permit automatically will become suspended, and not to exceed 90 days thereafter rescinded, unless within those periods the permittee submits proof, and the Alabama Surface Mining commission finds, that:
1. The finding under 880-X-8K-.17(2) was erroneous;
2. The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;
3. The violation, penalty or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; or
4. Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty or fee;
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8L - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS BY THE STATE REGULATORY AUTHORITY ON PERMIT APPLICATIONS › Section 880-X-8L-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule provides the requirements for administrative and judicial review of coal exploration permit applications and permit decisions by the State Regulatory Authority, or the failure of it to act on applications for coal exploration approval or permits.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 79, 80, 81, 82, 86, 87.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8L - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS BY THE STATE REGULATORY AUTHORITY ON PERMIT APPLICATIONS › Section 880-X-8L-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Rule are to provide for timely and thorough review by administrative and judicial bodies on decisions of and failures to act by the State Regulatory Authority under this Chapter.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 79, 80, 81, 82, 86, 87.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8L - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS BY THE STATE REGULATORY AUTHORITY ON PERMIT APPLICATIONS › Section 880-X-8L-.03 - Administrative Review

Current through Register Vol. 42, No. 9, June 28, 2024
Administrative review shall be as set forth in Rules 880-X-5A-.01 through 880-X-5A-.33 of Chapter 880-X-5.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 79, 80, 81, 82, 86, 87.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8L - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS BY THE STATE REGULATORY AUTHORITY ON PERMIT APPLICATIONS › Section 880-X-8L-.04 - Judicial Review

Current through Register Vol. 42, No. 9, June 28, 2024
Judicial review shall be as set forth in Rule 880-X-5A-.34 of Chapter 880-X-5.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 77, 78, 79, 80, 81, 82, 86, 87.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes the requirements for -
(a) Revisions to and affirmative periodic review of permits previously issued by the State Regulatory Authority;
(b) Renewal of permits previously issued by the State Regulatory Authority; and
(c) Transfer, sale, or assignment of rights granted under permits previously issued by the State Regulatory Authority.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 9-16-73, 9-16-74, 9-16-75, 9-16-80, 9-16-81, 9-16-82, 9-16-83, 9-16-84, 9-16-85, 9-16-86, 9-16-88, 9-16-90, 9-16-91, 9-16-92, 9-16-93, 9-16-96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Rule are to -
(a) Provide procedures for the State Regulatory Authority to review, revise, and renew permits under these regulations; and
(b) Provide procedures for transfer, sale, or assignment of rights granted in permits under a regulatory program.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 9-16-73, 9-16-74, 9-16-75, 9-16-80, 9-16-81, 9-16-82, 9-16-83, 9-16-84, 9-16-85, 9-16-86, 9-16-88, 9-16-90, 9-16-91, 9-16-92, 9-16-93, 9-16-96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.03 - Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall --
(a) Ensure that permits are revised prior to changes in surface coal mining and reclamation operations;
(b) Ensure that all permits are regularly reviewed to determine that surface coal mining and reclamation operations under these permits are conducted in compliance with the Act and these regulations;
(c) Effectively review and act on applications to renew existing permits, in a timely manner, to ensure that surface coal mining and reclamation operations continue, if they comply with the Act and these regulations; and
(d) Ensure that no person conducts surface coal mining and reclamation operations, through the transfer, sale, or assignment of rights granted under permits, without the prior approval of the State Regulatory Authority.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 9-16-73, 9-16-74, 9-16-75, 9-16-80, 9-16-81, 9-16-82, 9-16-83, 9-16-84, 9-16-85, 9-16-86, 9-16-88, 9-16-90, 9-16-91, 9-16-92, 9-16-93, 9-16-96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.04 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following terms are defined in Rule 880-X-2A-.06.
(a) Successor in interest; and
(b) Transfer, assignment, or sale of rights.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 9-16-73, 9-16-74, 9-16-75, 9-16-80, 9-16-81, 9-16-82, 9-16-83, 9-16-84, 9-16-85, 9-16-86, 9-16-88, 9-16-90, 9-16-91, 9-16-92, 9-16-93, 9-16-96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.05 - State Regulatory Authority Review Of Outstanding Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) The State Regulatory Authority shall review each permit issued and outstanding under these regulations during the term of the permit. This review shall occur not later than the middle of the permit term and as required by Rules 880-X-8J-.04, 880-X-8J-.05, 880-X-8J-.07, and 880-X-8J-.09.
(b) For permits of longer than five year terms; a review of the permit shall be no less frequent than the permit midterm or every five years, whichever is more frequent.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.06 - Permit Revisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A revision to a permit shall be obtained --
(a) For changes in the surface coal mining or reclamation operations described in the original application and approved under the original permit, when such changes constitute a significant departure from the method of conduct of mining or reclamation operations contemplated by the original permit. The State Regulatory Authority shall provide parameters to determine what changes shall constitute significant departures as used herein.
(b) When required by an order issued under Rule 880-X-8M-.05;
(c) In order to continue operation after the cancellation or material reduction of the liability insurance policy, capability of self-insurance, performance bond, or other equivalent guarantee upon which the original permit was issued; or
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.07 - Permit Renewals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. A valid permit, issued pursuant to an approved regulatory program, shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit.
(2) Application requirements and procedures.
(a) An application for renewal of a permit shall be filed with the Regulatory Authority at least 120 days before expiration of the existing permit term.
(b) An application for renewal of a permit shall be in the form required by the Regulatory Authority and shall include at a minimum --
1. The name and address of the permittee, the term of the renewal requested, and the permit number or other identifier;
2. Evidence that a liability insurance policy or adequate self-insurance under Chapter 880-X-9 will be provided by the applicant for the proposed period of renewal;
3. Evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional bond required by the regulatory authorities pursuant to Chapter 880-X-9;
4. A copy of the proposed newspaper notice and proof of publication of same, as required by Section 880-X-8K-.05; and
5. Additional revised or updated information required by the Regulatory Authority.
(c) Applications for renewal shall be subject to the requirements of public notification and public participation contained in Section 880-X-8K-.05 and Section 880-X-8K-.12.
(d) If an application for renewal includes any proposed revisions to the permit, such revisions shall be identified and subject to the requirements of Section 880-X-8M-.06.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.08 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.09 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.10 - (Not Used)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.11 - Transfer, Assignment, or Sale Of Permit Rights

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written approval of the Regulatory Authority.
(2) Application requirements. An applicant for approval of the transfer, assignment, or sale of permit rights shall --
(a) Provide the Regulatory Authority with an application for approval of the proposed transfer, assignment, or sale including --
1. The name and address of the existing permittee and permit number or other identifier;
2. A brief description of the proposed action requiring approval; and
3. The legal, financial, compliance, and related information required by Section 880-X-8D and 880-X-8G for the applicant for approval of the transfer, assignment, or sale of permit rights.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8M - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION PERMIT REVIEWS, REVISIONS, AND RENEWALS AND TRANSFER, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 880-X-8M-.13 - Requirements For New Permits For Persons Succeeding To Rights Granted Under A Permit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A successor in interest to a permittee who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan and permit of the original permittee.
(2) Pursuant to Rule 880-X-8M-.12(3)(c), any successor in interest seeking to change the conditions of mining or reclamation operation, or any of the terms or conditions of the original permit shall --
(a) Make application for a new permit under Rules 880-X-8B - 880-X-8L, if the change involves conducting operations outside the original permit area; or
(b) Make application for a revised permit under Rule 880-X-8M-.06.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8N - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SMALL OPERATOR ASSISTANCE › Section 880-X-8N-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule governs the procedures for providing assistance to qualified small mine operators who request assistance, for --
(a) The determination of the probable hydrologic consequences of mining and reclamation required by Rules 880-X-8E-.06 - 880-X-8H-.06, and
(b) The statement of physical and chemical analysis of test borings or core samples, required by Rules 880-X-8E-.06 - 880-X-8H-.06.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8N - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SMALL OPERATOR ASSISTANCE › Section 880-X-8N-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
The objective of this Rule is to meet the intent of Section 15 (c) of the Act by --
(a) Providing available financial and other necessary assistance to qualified small operators; and
(b) Assuring that the Regulatory Authority shall have sufficient information to make a reasonable assessment of the probable cumulative impacts of all anticipated mining upon the hydrology of the area and particularly upon water availability.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8N - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SMALL OPERATOR ASSISTANCE › Section 880-X-8N-.03 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority shall provide financial and other assistance under Section 15 (c) of the Act to the extent funds are appropriated by Congress and granted by the Office of Surface Mining specifically for this program.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8N - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SMALL OPERATOR ASSISTANCE › Section 880-X-8N-.04 - Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General. Once the Regulatory Authority initiates the Program, it shall --
(a) Review request for assistance and determine qualified operators;
(b) Develop and maintain a list of qualified laboratories; and select and pay laboratories for services rendered;
(c) Conduct periodic on-site evaluations of the Program activities with the appropriate small operator; and
(d) Participate with the Office of Surface Mining in data coordination activities with the U. S. Geological Survey, U. S. Environmental Protection Agency, and other appropriate agencies or institutions.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8N - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SMALL OPERATOR ASSISTANCE › Section 880-X-8N-.05 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(See Rule 880-X-2A-.06 Definitions)
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8N - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SMALL OPERATOR ASSISTANCE › Section 880-X-8N-.06 - Program Services

Current through Register Vol. 42, No. 9, June 28, 2024
To the extent possible with available funds, the Regulatory Authority shall for qualified small operators who request assistance --
(a) Select and pay a qualified laboratory to --
1. Determine for the operator the probable hydrologic consequences of the mining and reclamation operations both on and off the proposed permit area in accordance with Rule 880-X-8N-.10.
2. Prepare a statement of the results of test borings or core samplings in accordance with Rule 880-X-8N-.10.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8N - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SMALL OPERATOR ASSISTANCE › Section 880-X-8N-.07 - Eligibility For Assistance

Current through Register Vol. 42, No. 9, June 28, 2024
An applicant is eligible for assistance if he:
(a) Possesses a valid license pursuant to Chapter 880-X-6.
(b) Applies for a permit pursuant to the Act; and
(c) Establishes that his or her probable total attributed annual production from all locations on which the operator is issued the surface coal mining and reclamation permit will not exceed 300,000 tons. Production from the following operations shall be attributed to the permittee:
1. The pro rata share, based on percentage of ownership of the applicant, of coal produced by operations in which the applicant owns more than a 10 percent interest.
2. The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own more than 10 percent of the applicant's operation;
3. All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management;
4. All coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-8N - SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SMALL OPERATOR ASSISTANCE › Section 880-X-8N-.08 - Filing For Assistance

Current through Register Vol. 42, No. 9, June 28, 2024
Each application for assistance shall contain the following:
(a) A permit application for the proposed mine which meets all applicable requirements of Chapter 880-X-8 with the exception of the requirements of Rule 880-X-8E-.06 and 880-X-8H-.06.
(b) A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant under 880-X-8N-.07. The schedule shall include for each location:
1. The name under which coal is or will be mined;
2. The permit number and mining enforcement and safety administration identification number;
3. The actual coal production for the year preceding the application for assistance and that portion of the production attributed to the applicant; and
4. The estimated coal production for each year of the proposed permit and that portion attributed to the applicant.