Alabama Administrative Code

(1) Prime farmland soil shall be removed from the area to be disturbed for drilling, blasting or mining. (2) The minimum depth of soil and soil materials to be removed and stored for use in the reconstruction of prime farmlands shall be sufficient to meet the requirements of Rule…

(1) Prime farmland soil shall be reconstructed to meet the specifications established by the U.S. Soil Conservation Service for the State of Alabama. Including at a minimum the specified physical and chemical characteristics of the reconstructed soil and soil horizon depths, soil…

(1) Following prime farmland soil replacement, the soil surface shall be stabilized with vegetative cover or other means that effectively control soil loss by wind and water erosion. (2) Prime farmland soil productivity shall be restored in accordance with the following provision…

This Rule sets forth special environmental protection performance, reclamation, and design standards for surface coal mining activities constituting mountaintop removal mining. Author: Notes Ala. Admin. Code r. 880-X-10H-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72,…

The objectives of this Rule are to -- (a) Enhance coal recovery; (b) Reclaim the land to equal or higher postmining use; and (c) Protect and enhance environmental and other values protected under the Act and these regulations.Author: Notes Ala. Admin. Code r. 880-X-10H-.02 Statut…

(1) Surface coal mining activities may be conducted under a variance from the requirement of this Chapter for restoring affected areas to their approximate original contour, if --(a) The variance is granted under a permit in accordance with Rule 880-X-8J-.05. (b) The activities i…

This Rule sets forth special additional environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations conducted on steep slopes meaning any slope of 20 degrees or more as defined in Rule 880-X-2A-.06. Author: Notes Ala.…

The objective of this Rule is to ensure adequate environmental protection during surface coal mining and reclamation operations on steep slopes. Author: Notes Ala. Admin. Code r. 880-X-10I-.02 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 80, 84, 85, 90.

(1) Any surface coal mining and reclamation operations on steep slopes shall meet the requirements of this Rule. (2) The standards of this Rule do not apply to mining conducted on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds an…

Surface coal mining and reclamation operations subject to this Rule shall comply with requirements of Rules 880-X-10C-.53 through 880-X-10C-.56 and the following, except to the extent a variance is approved under Rule 880-X-10I-.05. (1) The following materials shall not be placed…

Persons may be granted variances from the approximate original contour requirements of Rule 880-X-10I-.04(b) for steep slope surface coal mining and reclamation operations, if the following standards are met and a permit incorporating the variance is approved under Rule 880-X-8J-…

This Rule sets forth requirements for coal processing plants and their support facilities not located within the permit area for a mine, to ensure the protection of public property and the environment, in accordance with the Act. Author: Notes Ala. Admin. Code r. 880-X-10J-.01 St…

Each person who conducts surface coal mining and reclamation operations, which includes the operation of a coal processing plant which is not located within the permit area for a specific mine, shall obtain a permit in accordance with Rule 880-X-8J-.11 to conduct those operations…

Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by this Rule shall comply with the following: (a) Signs and markers for the coal processing plant, coal processing waste disposal area, and water treatment facilities sha…

This Rule sets forth special environmental protection performance, reclamation design standards for in situ processing activities. Author: Notes Ala. Admin. Code r. 880-X-10K-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 80, 85, 90, 91, 92.

This Rule is intended to ensure that all in situ processing activities are conducted in a manner which preserves and enhances environmental values in accordance with the Act. This Rule provides additional performance, reclamation and design standards to reflect the nature of in s…

(a) The person who conducts in situ processing activities shall comply with Rule 880-X-10D and this Rule. (b) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by:1. Avoiding discharge of fluids into holes or…

(a) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics, in a manner approved by the State Regulatory Authority under Rule 880-X-10D-.22, to measure changes i…

This Rule sets forth the general requirements for inspections and enforcement of surface coal mining and reclamation operations and of coal explorations which substantially disturb the natural land surface. Author: Notes Ala. Admin. Code r. 880-X-11A-.01 Statutory Authority: Code…

The State Regulatory Authority shall conduct inspections of the activities identified in Rule 880-X-11A-.01 in accordance with Rule 880-X-11B. Author: Notes Ala. Admin. Code r. 880-X-11A-.02 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 9…

The State Regulatory Authority shall enforce these regulations in accordance with Rules 880-X-9E, 880-X-11C, 880-X-11D, and Chapter 880-X-8 of these regulations and in accordance with §§24, 25 and 26 of this Act. Author: Notes Ala. Admin. Code r. 880-X-11A-.03 Statutory Authority…

(1) The State Regulatory Authority shall make available to the Office of Surface Mining, upon request, copies of all documents relating to applications for and approvals of existing, new, or revised coal exploration approvals or surface coal mining and reclamation operations perm…

Rules 880-X-11B, 880-X-11C and 880-X-11D provide for public participation in the enforcement of these regulations. Author: Notes Ala. Admin. Code r. 880-X-11A-.05 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.

This Rule sets forth procedures governing inspections. Author: Notes Ala. Admin. Code r. 880-X-11B-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 76, 79, 80, 81, 82, 83, 87, 92, 93, 94.

(1) The State Regulatory Authority shall conduct an average of at least one partial inspection per month of each active surface coal mining and reclamation operation under its jurisdiction and shall conduct such partial inspections of each inactive site under its jurisdiction as …

(1) Any person who is or may be adversely affected by a surface mining operation may request an inspection under Rule 880-X-11B-.02(5), by furnishing to an authorized representative of the State Regulatory Authority a signed, written statement (or an oral report followed by a sig…

(1) Each authorized representative of the State Regulatory Authority conducting an inspection under Rule 880-X-11B-.02: (a) Shall have a right of entry to, upon, and through any coal exploration, permitted or unpermitted surface coal mining and reclamation operation, without adva…

Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the Director of the State Regulatory Authority in writing of any alleged failure on the part of the State Regulatory Authority to make adeq…

(1) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the State Regulatory Authority to review informally an authorized representative's decision not to inspect or take appropriate enforcement action with…

This Rule sets forth rules regarding enforcement by the State Regulatory Authority of the Act, these regulations and all conditions of permits and coal exploration approvals imposed under the Act, or these regulations. Civil penalties in connection with notices of violation and c…

(1) (a) An authorized representative of the Alabama Surface Mining Commission shall immediately order a cessation of surface coal mining and reclamation operations on the portion thereof relevant to the condition, practice or violation and issue a citation for an expeditious hear…

(1) An authorized representative of the State Regulatory Authority shall issue a notice of violation if, on the basis of an inspection, he finds a violation of the Act, these regulations or any condition of a permit or an exploration approval imposed under the Act, or these regul…

(1) (a) Except as provided in Paragraph (2) of this Rule, the Director of the State Regulatory Authority shall issue an order to a permittee requiring him to show cause why his permit should not be suspended or revoked and shall provide opportunity for a public hearing pursuant t…

(1) A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows:(a) By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent o…

(1) Except as provided in Paragraph (2) of this Rule, a notice of violation or cessation order which requires cessation of all or any portion of the surface coal mining and reclamation operation, expressly or by necessary implication, shall expire within 30 days after it is serve…

(1) A person issued a notice of violation or cessation order under Rule 880-X-11C-.02 or 880-X-11C-.03, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation or termination of a notice or order, may request review of that act…

(1) No cessation order or notice of violation issued under this Rule may be vacated because of inability to comply. (2) Inability to comply may not be considered in determining whether a pattern of violations exists. (3) Unless caused by lack of diligence, inability to comply may…

The State Regulatory Authority may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other order, in the court of jurisdiction for the judicial circuit in which the coal exploration or surf…

This Rule covers the assessment of civil penalties under Section 26 of the Act with respect to cessation orders and notices of violation issued under Rule 880-X-11C. Author: Notes Ala. Admin. Code r. 880-X-11D-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 76…

Civil penalties are assessed under Section 26 of the Act and this Rule to deter violations and to ensure maximum compliance with the terms and purposes of the Act on the part of the coal mining industry. Author: Notes Ala. Admin. Code r. 880-X-11D-.02 Statutory Authority: Code of…

The State Regulatory Authority shall review each notice of violation and cessation order in accordance with the assessment procedures described in Rules 880-X-11D-.04, 880-X-11D-.05, 880-X-11D-.06, 880-X-11D-.07, 880-X-11D-.08, and 880-X-11D-.09 to determine whether a civil penal…

(1) The Regulatory Authority shall assess a penalty for each violation which leads to the issuance of a cessation order. (2) The State Regulatory Authority shall assess a penalty for each notice of violation, if the violation is assigned 31 points or more under the point system d…

(1) The State Regulatory Authority shall use the point system described in this Rule to determine the amount of the penalty and, in the case of notices of violation, whether a mandatory penalty should be assessed as provided in Rule 880-X-11D-.04(2). (2) Points shall be assigned …

The State Regulatory Authority shall determine the amount of any civil penalty by converting the total number of points assigned under Rule 880-X-11D-.05 to a dollar amount, according to the following schedule: Points Dollars Points Dollars 1 150 27 1,050 2 150 28 1,200 3 150 29 …

(1) The State Regulatory Authority may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the State Regulatory Au…

(1) The State Regulatory Authority, upon its own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in Rule 880-X-11D-.05 to set the civil penalty, if it determines that,…

(1) Within 15 days of service of notice or order, the person to whom it was issued may submit written information about the violation to the State Regulatory Authority and to the inspector who issued the notice of violation or cessation order. The State Regulatory Authority shall…

(1) The State Regulatory Authority shall arrange for a conference to review the proposed assessment or reassessment, upon written request of the person to whom the notice or order was issued, if the request is received within 30 days from the date the proposed assessment or reass…

(1) The person charged with the violation may contest the proposed penalty or the fact of the violation by submitting a petition to the DHA and an amount equal to the proposed penalty in the form of a Certificate of Deposit which meets the requirements of Rule 880-X-9C-.03(6), (c…

(1) If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in Rule 880-X-11D-.11, the proposed assessment shall become a final order of the State Regulatory Authority and the penalty assessed shall become due and payable up…