reglab/statecodes huggingface dataset:
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-.09 - Application Approval And Notice

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall base its determination of eligibility of the applicant in the following:
(a) The projected total actual and attributed tonnage of the applicant for each year of the proposed permit; and
(b) Based on information readily available, issuance of the proposed permit is not precluded; and
(c) Consideration of the applicant's past performance in services rendered under the Program for which the applicant was qualified. Factors to be considered shall include:
1. The term over which services were conducted under the Program and the status of completion at the time of termination of services.
2. The amount of funds expended at the time of termination of services.
3. The reason and justification for termination of services.
4. A determination of good faith based upon efforts by the operator at all times during the term of services under the Program.
5. Cooperation of the applicant with Regulatory Authority and contracted laboratory personnel in providing services required of the applicant under the Program.
6. Compliance with permitting and mining requirements of this Part for services completed under the Program.
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-.10 - Data Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To the extent possible with available funds, the Program Administrator shall select and pay a qualified laboratory to make the determination and statement and provide other services referenced in paragraph (2) of this section for eligible operators who request assistance.
(2) The Program Administrator shall determine the data needed for each applicant or group of applicants. Data collected and the results provided to the Regulatory Authority shall be sufficient to satisfy the requirements for:
(a) The determination of the probable hydrologic consequences of the surface mining and reclamation operation in the proposed permit area and adjacent areas, including the engineering analyses and designs necessary for the determination in accordance with 880-X-8E-.06(1)(f), 880-X-8H-.06(1)(e) and any other applicable provisions of these regulations;
(b) The drilling and statement of the results of test borings or core samplings for the proposed permit area in accordance with 880-X-8E-.06(2)(b) and 880-X-8H-.06(2)(b) and any other applicable provisions of these regulations;
(c) The development of cross-section maps and plans for the information required by 880-X-8F-.08(e), (l), (m) and (o) and 880-X-8F-.20, or 880-X-8I-.07(e), (l), (m) and (o) and 880-X-8I-.20;
(d) The collection of archaeological and historic information and related plans required by 880-X-8E-.05 and 880-X-8H-.05 and 880-X-8F-.14 and 880-X-8I-.14 and any other archaeological and historic information required by the Regulatory Authority;
(e) Pre-blast surveys required by 880-X-10C-.31; and
(f) The collection of site-specific resources information, the production of protection and enhancement plans for fish and wildlife habitats required by 880-X-8E-.11 and 880-X-8F-.18, and information and plans for any other environmental values required by the Regulatory Authority under the act.
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-.11 - Qualified Laboratories

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General.
(a) As used in this Rule qualified laboratory means designated public agency, private consulting firm, institution, or analytical laboratory which can provide the required determination or statement under this Program.
(b) The State Regulatory Authority shall establish procedures to qualify laboratories.
(c) Persons who desire to be included in the list of qualified laboratories established by the State Regulatory Authority shall apply to the State Regulatory Authority and provide such information as is necessary to establish the qualifications required by Paragraph (2) of this Rule.
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-.12 - Assistance Funding

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Use of funds. Funds authorized for this Program shall not be used to cover State administrative costs or the costs of test boring or core sampling.
(2) Allocation of funds. The Regulatory Authority shall to the extent practicable establish a formula for allocating funds among eligible small operators if available funds are less than those required to provide the services pursuant to this Rule. This formula shall include such factors as the applicant's --
(a) Anticipated date of filing a permit application.
(b) Anticipated date for commencing mining; and
(c) Performance history.
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-.13 - Applicant Liability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant shall reimburse the Regulatory Authority for the cost of the services rendered pursuant to the Rule if the applicant:
(a) Submits false information;
(b) Has his license revoked or surface coal mining permit suspended;
(c) Fails to submit a permit application within 1 year from the date of receipt of the approved laboratory report;
(d) Fails to mine after obtaining a permit; or
(e) If the Program Administrator finds that the applicant's actual and attributed annual production of coal exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit; or
(f) The permit is sold, transferred, or assigned to another person and the transferee's total actual and attributed tonnage exceeds the 300,000 annual production limit during the twelve months immediately following the date on which the permit was originally issued. Under this paragraph, the applicant and its successor, are jointly and severally obligated to reimburse the Regulatory Authority.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9A - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 880-X-9A-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth the requirements for bonding and insuring surface coal mining and reclamation operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 85, 89.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9A - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 880-X-9A-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
The objective of this Rule is to set forth the requirements and responsibilities for filing and maintaining bonds and insurance for surface coal mining and reclamation operations in accordance with the Act.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 85, 89.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9A - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 880-X-9A-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
See Rule 880-X-2A-.06 for a complete list of definitions.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 85, 89.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9A - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 880-X-9A-.04 - Requirement To File A Bond

Current through Register Vol. 42, No. 9, June 28, 2024
(1) After an application for a new, revised or renewed permit to conduct surface coal mining and reclamation operations has been approved under Chapter 880-X-8 of these regulations, but before such permit is issued, the applicant shall file with the State Regulatory Authority a performance bond payable to the State Regulatory Authority. The performance bond will be conditioned upon the faithful performance of all the requirements of the Act, these regulations and the provisions of the reclamation plan and permit. The amount, duration, form, conditions and terms of the performance bond shall conform to Subchapters 880-X-9B and 880-X-9C.
(2) At a minimum, the bond shall cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within an identified increment during the initial year of the permit. As succeeding annual increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the State Regulatory Authority an additional bond or bonds to cover such increments in accordance with this Rule. Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the Alabama Surface Mining Commission become necessary pursuant to Subchapter 880-X-9E.
(3) An operator shall not disturb surface acreage prior to receipt of approval from the State Regulatory Authority of a performance bond covering the surface acreage to be disturbed.
(a) Liability on the performance bond shall cover all surface coal mining and reclamation operations to be conducted within the permit area. After the amount of the bond has been determined for the permit area in accordance with Subchapter 880-X-9B, the permittee or applicant may either file --
1. The entire performance bond required during the term of the permit;
2. A cumulative bond schedule listing the area covered by the bond and the sequence for release of acreage as it progresses through varying reclamation phases and the addition of other acreage as it is affected. The amount of bond required to obtain a permit shall include the full reclamation cost of the initial area being affected; or
3. An incremental bond schedule and the new performance bond required for the first increment in the schedule.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9A - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 880-X-9A-.05 - Requirement To File A Certificate Of Liability Insurance

Current through Register Vol. 42, No. 9, June 28, 2024
Each applicant for a permit shall submit to the State Regulatory Authority, as part of the permit application --
(a) A Certificate issued by an insurance company authorized to do business in Alabama. The amount, duration, form, conditions and terms of this insurance shall conform to Rule 880-X-9C-.04.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71,73, 74, 75, 80, 81, 82, 83, 85, 89.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9A - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 880-X-9A-.06 - State Regulatory Authority Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall prescribe and furnish forms for filing performance bonds.
(2) The State Regulatory Authority shall prescribe terms and conditions for performance bonds and insurance by regulations which meet, at a minimum, the requirements of Rules 880-X-9B - 880-X-9C.
(3) The State Regulatory Authority shall determine the amount of the performance bond required for the permit area, including adjustments to the initial amount from time-to-time as land acreages in the permit area are revised, or when other relevant conditions change according to the minimum requirements of Rule 880-X-9B-.02(1).
(4) The State Regulatory Authority may accept a self-bond in lieu of surety or collateral bond, if the permittee meets the requirements of Rule 880-X-9C-.03(7).
(5) The State Regulatory Authority shall cause all or part of a bond to be forfeited consistent with Rule 880-X-9E.
(6) The State Regulatory Authority shall release liability under bonds in accordance with Rule 880-X-9D.
(7) The State Regulatory Authority shall require in the permit that adequate bond coverage be in effect at all times. Operating without a bond is a violation of a condition upon which the permit is issued.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 85, 89.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9B - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS AMOUNT AND DURATION OF PERFORMANCE BOND › Section 880-X-9B-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth the requirements for determining the amounts and time period of liability for performance bonds for surface coal mining and reclamation operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 89, 90, 91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9B - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS AMOUNT AND DURATION OF PERFORMANCE BOND › Section 880-X-9B-.02 - Determination Of Bond Amount

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The amount of the performance bond shall be determined by the State Regulatory Authority and shall be the estimated cost to the State Regulatory Authority if it had to perform the reclamation, restoration, and abatement work required of the operator under the Act, these regulations, and the terms of the permit. The amount of the bond shall reflect the probable difficulty of reclamation based on site specific factors such as topography, geology, hydrology, and revegetation potential. Consideration shall also be given, but not limited to:
(a) The estimated costs submitted by the permittee in accordance with Rules 880-X-8F-.09 and 880-X-8I-.08.
(b) The additional estimated costs to the State Regulatory Authority which may arise from applicable public contracting requirements or the need to bring personnel and equipment to the permit area after its abandonment by the permittee to perform reclamation, restoration, and abatement work.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9B - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS AMOUNT AND DURATION OF PERFORMANCE BOND › Section 880-X-9B-.03 - Minimum Amount

Current through Register Vol. 42, No. 9, June 28, 2024
The amount of the bond for surface coal mining and reclamation operations shall be no less than $10,000.00 for the entire area under one permit and be sufficient to assure performance of reclamation, restoration and abatement work required of a person who conducts surface coal mining and reclamation operations under the Act, and the provisions of the permit, if the work had to be performed by the State Regulatory Authority in the event of forfeiture.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 89, 90, 91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9B - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS AMOUNT AND DURATION OF PERFORMANCE BOND › Section 880-X-9B-.04 - Period Of Liability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Liability under performance bond(s) applicable to a permit shall continue until all reclamation, restoration and abatement work required of persons who conduct surface coal mining and reclamation operations under requirements of the Act, these regulations and the provisions of the permit, has been completed, and the permit terminated by release of the permittee from any further liability in accordance with Subchapter 880-X-9D.
(2)
(a) In addition to the period necessary to achieve compliance with all requirements of the Act, this Chapter, the regulatory program, and the permit, the period of liability under performance bond shall continue for a minimum of five years after the last year of augmented seeding, fertilization, irrigation, or other work.
(b) The period of liability shall be extended an additional five years whenever augmented seeding, fertilization, irrigation, or other work is required or conducted on the site prior to bond release.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9B - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS AMOUNT AND DURATION OF PERFORMANCE BOND › Section 880-X-9B-.05 - Adjustment Of Amount

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The amount of the performance bond liability applicable to a permit shall be adjusted by the State Regulatory Authority as the acreage in the permit area is revised, methods of mining operation change, standards of reclamation change or when the cost of future reclamation, restoration or abatement work changes. The State Regulatory Authority shall notify persons involved in bond coverage of any proposed bond adjustments and provide those persons an opportunity for an informal conference on the adjustment. For purposes of this Rule, a person involved in a bond coverage shall include the permittee, and surety, and any other person with a property interest in collateral posted under this Chapter who has, in writing to the State Regulatory Authority, requested such notification at the time the collateral is posted or the interest is acquired, whichever occurs later. The State Regulatory Authority shall review each outstanding performance bond at the time that permit reviews are conducted under Rule 880-X-8M-.05 and re-evaluate those performance bonds in accordance with the standards in Rule 880-X-9B-.02.
(2) A permittee, surety or any person with property interest in collateral offered as bond coverage may request reduction of the required performance bond amount upon submission of evidence to the State Regulatory Authority proving that the permittee's method of operation, or other circumstances will reduce the maximum estimated cost to the State Regulatory Authority if it has to complete the reclamation and therefore warrants a reduction of the bond amount. Such request shall only be made annually or at such time as a permit review is conducted under Rule 880-X-8M-.05. The request shall be considered as a request for partial bond release in accordance with the procedures of Rule 880-X-9D.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 89, 90, 91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9C - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS FORM, CONDITIONS, AND TERMS OF PERFORMANCE BONDS AND LIABILITY INSURANCE › Section 880-X-9C-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes the standards for the form of the bond for surface coal mining and reclamation operations, and the terms and conditions applicable to bonds and liability insurance.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 85, 89, 90, 91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9C - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS FORM, CONDITIONS, AND TERMS OF PERFORMANCE BONDS AND LIABILITY INSURANCE › Section 880-X-9C-.02 - Form Of The Performance Bond

Current through Register Vol. 42, No. 9, June 28, 2024
The form of the performance bond shall be prescribed by the State Regulatory Authority in accordance with the provisions of Rules 880-X-9B and 880-X-9C. The State Regulatory Authority may allow for --
(a) A surety bond.
(b) A collateral bond.
(c) Self-bonding.
(d) A combination of these bonding methods.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 85, 89, 90, 91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9C - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS FORM, CONDITIONS, AND TERMS OF PERFORMANCE BONDS AND LIABILITY INSURANCE › Section 880-X-9C-.04 - Terms And Conditions For Liability Insurance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall require the applicant to submit at the time of permit application, a certificate certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operation for which the permit is sought. The certificate shall provide for personal injury and property damage protection in an amount adequate to compensate all persons, injured or property damaged as a result of surface coal mining and reclamation operations, including use of explosives and damage to water wells, and entitled to compensation under the applicable provisions of State law. Minimum insurance coverage for bodily injury and property damage shall be $300,000.00 for each occurrence and $500,000.00 aggregate.
(2) The policy shall be maintained in full force during the life of the permit or any renewal thereof and the liability period necessary to complete all reclamation operations under these regulations.
(3) The policy shall include a rider requiring that the insuror notify the State Regulatory Authority whenever substantive changes are made in the policy, including any termination or failure to renew.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 85, 89, 90, 91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9D - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PROCEDURES, CRITERIA AND SCHEDULE FOR RELEASE OF PERFORMANCE BOND › Section 880-X-9D-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth the provisions for procedures and criteria for release of performance bonds for surface coal mining and reclamation operations. This includes the filing, notice and hearing requirements, and the standards by which applications for release shall be evaluated.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 84, 89, 90, 91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9D - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PROCEDURES, CRITERIA AND SCHEDULE FOR RELEASE OF PERFORMANCE BOND › Section 880-X-9D-.02 - Procedures For Seeking Release Of Performance Bond

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Bond release application and contents. The permittee or any person authorized to act on his behalf, may file an application with the State Regulatory Authority for release of all or part of the performance bond liability applicable to a particular permit after all reclamation restoration and abatement work in a reclamation phase as defined in Rule 880-X-9D-.03(5) of this Rule has been completed on the entire permit area or on an area approved pursuant to Rule 880-X-9A-.04(2) for the incremental filing and release of bond liability.
(a) Applications may only be filed at times or seasons that allow the State Regulatory Authority to evaluate properly the reclamation operations alleged to have been completed. The times or seasons appropriate for the evaluation of certain types of reclamation shall be identified in the mining and reclamation operations plan required in Chapter 880-X-8 and approved by the State Regulatory Authority.
(b) The application shall include copies of letters sent to adjoining property owners, surface owners, local government bodies, planning agencies, and sewage and water treatment facilities or water companies in the locality of the permit area, notifying them of the permittee's intention to seek release of performance bond(s). These letters shall be sent before the permittee files the application for release.
(c) The permittee shall include in the application for bond release a notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of the Act, the regulatory program, and the approved reclamation plan. Such certification shall be submitted for each application or phase of bond release.
(d) Within 30 days after filing the application for release, the permittee shall submit proof of publication of the advertisement required by Paragraph (2) of this Rule. Such proof of publication shall be considered part of the bond release application.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9D - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PROCEDURES, CRITERIA AND SCHEDULE FOR RELEASE OF PERFORMANCE BOND › Section 880-X-9D-.03 - Criteria And Schedule For Release Of Performance Bond

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority may release portions of the liability under performance bonds applicable to the permit area following the completion of reclamation phases as defined in Paragraph (5) of this Rule.
(2) The maximum liability of performance bonds applicable to an increment or permit area which may be released shall be calculated on the following basis --
(a) Release of an amount not to exceed 60 percent of the total bond amount on the increment or permit area upon completion of phase I reclamation.
(b) Release of an additional amount not to exceed 25 percent of the total original bond amount on the permit area or an increment upon completion of phase II reclamation, but in all cases the amount remaining shall be sufficient to reestablish vegetation and reconstruct any drainage structures.
(c) Release of the remaining portion of the total performance bond on the increment or permit area after standards of phase III reclamation have been attained and final inspection and procedures of Rule 880-X-9D-.02 have been satisfied.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9E - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERFORMANCE BOND FORFEITURE CRITERIA AND PROCEDURES › Section 880-X-9E-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule sets forth the requirements for provisions to be applicable whenever the State Regulatory Authority initiates a proceeding for the forfeiture of all or any part of bond, as a result of the permittee's failure to meet the conditions upon the bond.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 84, 89, 90, 91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9E - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERFORMANCE BOND FORFEITURE CRITERIA AND PROCEDURES › Section 880-X-9E-.02 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall forfeit all or part of a bond for any permit where required or authorized by Rule 880-X-9E-.03.
(2) The State Regulatory Authority may withhold forfeiture, if the permittee and surety, if applicable, agree to a compliance schedule to comply with the violations of the permit or bond conditions.
(3) The State Regulatory Authority may allow the surety to complete the reclamation plan if the surety can demonstrate the ability to complete the reclamation plan, including achievement of the capability to support the alternative postmining land use approved by the State Regulatory Authority. No bond shall be released, except for partial releases authorized under Rule 880-X-9D-.02, until successful completion of all reclamation under the terms of the permit, including applicable liability periods of Rule 880-X-9B.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81, 84, 89, 90, 91.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9E - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERFORMANCE BOND FORFEITURE CRITERIA AND PROCEDURES › Section 880-X-9E-.03 - Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the event forfeiture of the bond is required by Rule 880-X-9E-.04, the State Regulatory Authority shall --
(a) Send written notification by certified mail, return receipt requested, to the permittee, and the surety on the bond, if applicable, of the State Regulatory Authority's determination to forfeit all or part of the bond and the reasons for the forfeiture, including a finding of the amount to be forfeited.
(b) Advise the permittee and surety, if applicable, of any rights of appeal that may be available from that determination under State law;
(c) Proceed in an action for collection on the bond as provided by applicable laws for the collection of defaulted bonds or other debts, consistent with this Rule, for the amount forfeited, if an appeal is not filed within a time established by the State Regulatory Authority and a stay of collection issued by the hearing authority or such appeal is unsuccessful; and
(d) If an appeal is filed, defend the action.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9E - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERFORMANCE BOND FORFEITURE CRITERIA AND PROCEDURES › Section 880-X-9E-.04 - Criteria For Forfeiture

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A bond shall be forfeited, if the State Regulatory Authority finds that --
(a) The permittee has violated any of the terms or conditions of the bond and has failed to take corrective action;
(b) The permittee has failed to conduct the surface mining and reclamation operations in accordance with the Act, the conditions of this Chapter, the regulatory program and the permit within the time required, and the State Regulatory Authority has determined that it is necessary, in order to fulfill the requirements of the permit and the reclamation plan, to have someone other than the operator correct or complete reclamation;
(c) The permit for the area under the bond has been revoked, unless the operator or surety assumes liability for completion of the reclamation work and is, in the opinion of the State Regulatory Authority, diligently and satisfactorily performing such work; or
(d) The permittee has failed to comply with a compliance schedule approved pursuant to Rule 880-X-9E-.02(2).
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-9E - BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERFORMANCE BOND FORFEITURE CRITERIA AND PROCEDURES › Section 880-X-9E-.05 - Determination Of Forfeiture Amount

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall either --
(a) Determine the amount of the bond to be forfeited on the basis of all the estimated cost to the State Regulatory Authority and any contractor to complete the reclamation plan and other requirements of the Act and the permit; or
(b) Forfeit the entire amount of the bond for which liability is outstanding and deposit the proceeds thereof in an account for use in the payment of all costs associated with the conduct of reclamation, restoration or abatement activities by the State Regulatory Authority and any contractor.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10A - PERFORMANCE STANDARDS › Section 880-X-10A-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter sets forth the performance standards and design
				requirements adopted and implemented under the State Regulatory Authority for
				coal exploration and surface coal mining and reclamation
				operations.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										9-16-71,
				  73, 74, 75, 76, 80, 87, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10A - PERFORMANCE STANDARDS › Section 880-X-10A-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
The objective of this Chapter is to ensure that coal
				exploration and surface coal mining and reclamation operations are conducted in
				manners which are compatible with the environmental, economic, and social needs
				of the State of Alabama. Accordingly, the performance standards in this Chapter
				shall provide for --
(a) Protection of
			 the general welfare, health, and safety of the public;
(b) Maximum use and conservation of the coal
			 resources being recovered so that reaffecting the land through future surface
			 mining is minimized;
(c) Prompt
			 reclamation of all affected areas to conditions that are capable of supporting
			 the premining land uses or higher or better land uses;
(d) Reclamation of land affected by surface
			 coal mining operations as contemporaneously as practicable with mining
			 operations;
(e) Minimizing, to the
			 extent possible using the best technology currently available, disturbance and
			 adverse impacts on fish, wild life, and other related environmental values, and
			 enhancement of such resources where practicable;
(f) Revegetation which achieves a prompt
			 vegetative cover and recovery of productivity levels compatible with approved
			 land uses;
(g) Minimum disturbance
			 to the prevailing hydrologic balance at the minesite and in associated off-site
			 areas, and to the quality and quantity of water in surface and ground water
			 systems;
(h) Protection of fragile
			 and historic lands where surface coal mining operations could result in
			 significant damage to important historic, cultural, scientific, or aesthetic
			 values and natural systems;
(i)
			 Confinement of surface coal mining and reclamation operations including, but
			 not limited to, the location of spoil disposal areas to lands within the permit
			 area;
(j) Striking a balance between
			 protection of the environment and agricultural productivity and the Nation's
			 need for coal as an essential source of energy; and
(k) Protection of endangered and threatened
			 species and their critical habitats as determined by the Endangered Species Act
			 of 1973 (16
			 U.S.C. §
									1531,
et
			 seq
.).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										9-16-71,
				  73, 74, 75, 76, 80, 87, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10A - PERFORMANCE STANDARDS › Section 880-X-10A-.03 - Authorizations To Mine

Current through Register Vol. 42, No. 9, June 28, 2024
A copy of all valid permits, and other authorizations to
				operate the mine required by State law, shall be available for inspection at or
				near the mine site.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										9-16-92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10B - PERFORMANCE STANDARDS PERFORMANCE STANDARDS - COAL EXPLORATION › Section 880-X-10B-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Subchapter sets forth performance standards required for coal exploration which substantially disturbs the natural land surface. Such exploration may, at the discretion of the State Regulatory Authority, be further required to comply with the applicable performance standards and design requirements of Subchapters 880-X-10C - 880-X-10K.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 80, 87, 90, 91 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10B - PERFORMANCE STANDARDS PERFORMANCE STANDARDS - COAL EXPLORATION › Section 880-X-10B-.02 - Permitting Information

Current through Register Vol. 42, No. 9, June 28, 2024
Notwithstanding cross-references in other parts which may be otherwise construed, Subchapter 880-X-8C establishes the notice and permit information requirements for coal exploration.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 80, 87, 90, 91 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10B - PERFORMANCE STANDARDS PERFORMANCE STANDARDS - COAL EXPLORATION › Section 880-X-10B-.03 - Exploratory Drilling

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All exploration holes shall be cased, sealed, or backfilled in accordance with Rule 880-X-10C-.04 before being abandoned.
(2) The State Regulatory Authority may require access to exploratory maps and records to assure compliance with this Rule.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 76, 80, 87, 90, 91, 92.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10B - PERFORMANCE STANDARDS PERFORMANCE STANDARDS - COAL EXPLORATION › Section 880-X-10B-.04 - General Responsibility Of Persons Conducting Other Coal Exploration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each person who conducts coal exploration which disturbs one-half acre or less and in which 250 tons or less of coal are removed shall file the notice of intention to explore required under Rule 880-X-8C-.04 and shall comply with Rule 880-X-10B-.06 of this Rule.
(2) Each person who conducts coal exploration which disturbs more than one-half acre or in which more than 250 tons of coal are removed in the area described by the permit from the Alabama Surface Mining Commission, shall comply with the procedures described in the Exploration and Reclamation Operations Plan approved under Rule 880-X-8C-.05 and shall comply with Rule 880-X-10B-.06 of this subchapter.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-87.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10B - PERFORMANCE STANDARDS PERFORMANCE STANDARDS - COAL EXPLORATION › Section 880-X-10B-.05 - Required Documents

Current through Register Vol. 42, No. 9, June 28, 2024
Each person who conducts coal exploration which substantially disturbs the natural land surface shall, while in the exploration area, have available a copy of the filed Notice Of Intention to Explore or a copy of the Exploration Permit for review by the Alabama Surface Mining Commission Inspector upon request.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §
										9-16-87.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10B - PERFORMANCE STANDARDS PERFORMANCE STANDARDS - COAL EXPLORATION › Section 880-X-10B-.06 - Performance Standards For Coal Exploration

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Habitats of unique or unusually high value for fish, wildlife and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531
et
seq
.) shall not be disturbed during coal exploration.
(b) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of the ASMC Rules 880-X-10C-.67 through 10C-.72.
(c) If excavations, artificial flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration.
(d) Topsoil shall be separately removed, stored, and redistributed on areas disturbed by coal exploration activities as necessary to assure successful revegetation or as required by the ASMC.
(e) Revegetation of areas disturbed by coal exploration shall be performed by the person who conducts the exploration, or his or her agent. If more than 250 tons of coal are removed from the exploration area, or if more than one-half acre is disturbed, all revegetation shall be in compliance with the plan approved by the State Regulatory Authority and carried out in a manner that encourages prompt vegetative cover and recovery of productivity levels compatible with approved post-exploration land use and in accordance with Rules 880-X-10C-.58 - 880-X-10C-.63.
(f) Diversions of overland flows and ephemeral, intermittent, or perennial streams shall be made in accordance with 880-X-10C-.14 or 880-X-10D-.14 of these Rules.
(g) Each exploration hole, borehole, well, or other exposed underground opening created during exploration must meet the requirements of Rules 880-X-10C-.04, 880-X-10C-.05 and 880-X-10C-.06.
(h) All facilities and equipment shall be removed from the exploration area promptly when they are no longer needed for exploration, except for those facilities and equipment that the State Regulatory Authority determines may remain to --
1. Provide additional environmental data;
2. Reduce or control the on and off site effects of the exploration activities; or
3. Facilitate future surface mining and reclamation operations by the person conducting the exploration, under an approved permit.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes the environmental protection performance standards for surface mining activities.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule is intended to ensure that all surface mining activities are conducted in a manner which preserves or enhances environmental and other values in accordance with the Act.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.03 - Signs And Markers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Specifications. Signs and markers required under this Part shall --
(a) Be posted and maintained by the person who conducts the surface mining operations;
(b) Be of a uniform design throughout the operation that can be easily seen and read;
(c) Be made of durable material; and
(d) Conform to local ordinances and regulations.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.04 - Casing And Sealing Of Drilled Holes: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Each exploration hole, other drill or borehole, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery. If these openings are uncovered or exposed by surface mining activities within the permit area and they penetrate below the deepest coal seam to be mined under this permit they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the State Regulatory Authority. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of Rule 880-X-10C-.24 of this Rule. This Rule does not apply to holes solely drilled and used for blasting.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.05 - Casing And Sealing Of Drilled Holes: Temporary

Current through Register Vol. 42, No. 9, June 28, 2024
Each exploration hole, other drill or borehole, wells and other exposed underground openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by protective devices. These devices shall be periodically inspected and maintained in good operation condition by the person who conducts the surface mining activities.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.06 - Casing And Sealing Of Drilled Holes: Permanent

Current through Register Vol. 42, No. 9, June 28, 2024
When no longer needed for monitoring or other use approved by the State Regulatory Authority upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as water well under Rule 880-X-10C-.24, each exploration hole, other drilled hole, or borehole, well, and other exposed underground opening shall be capped, sealed, backfilled, or otherwise properly managed, as required by the State Regulatory Authority under Rule 880-X-10C-.04 and consistent with  30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-10C - PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES › Section 880-X-10C-.07 - Topsoil: General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Before disturbance of an area, topsoil and subsoils to be saved under Rule 880-X-10C-.08 shall be separately removed and segregated from other material.
(2) After removal, topsoil shall be immediately redistributed in accordance with Rule 880-X-10C-.10, stockpiled pending redistribution under Rule 880-X-10C-.09, or if the permittee can demonstrate that an alternative procedure will provide equal or more protection for the topsoil, the State Regulatory Authority, may on a case by case basis, approve an alternative.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.