Alabama Administrative Code

This part covers the assessment of individual civil penalties under Section 26 of the Act. Notes Ala. Admin. Code r. 880-X-11E-.01 Original Filed November 14, 1989; effective: March 7, 1991. Author: Randall C. Johnson Statutory Authority: Code of Ala. 1975, § 9-16-94.

(1) For purposes of this part: Knowingly means that an individual knew or had reason to know in authorizing, ordering or carrying out an act or omission on the part of a corporate permittee that such act or omission constituted a violation, failure or refusal. (2) Violation, fail…

(1) Except as provided in Paragraph (2) of this section, the Alabama Surface Mining Commission may assess an individual civil penalty against any corporate director, officer or agent, of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violat…

(1) In determining the amount of an individual civil penalty assessed under 880-X-11E-.03, the Alabama Surface Mining Commission shall consider the criteria specified in Section 26(a) of the Act, including: (a) The individual's history of authorizing, ordering or carrying out pre…

(1) Notice. The Alabama Surface Mining Commission shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a…

(1) No abatement or appeal. If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order. (2) Appeal. If an individual named in a notice …

This Rule establishes program requirements for -- (a) Training of persons to engage in and conduct blasting or to use explosives in surface coal mining and reclamation operations; (b) Examining and certifying persons engaging in and directly responsible for blasting or the use of…

The objective of this Rule is to establish a training, examination, and certification program which ensures that all blasts in surface coal mining and reclamation operations are designed, supervised, and executed by trained and competent persons who meet the requirements of these…

The State Regulatory Authority shall be responsible for -- (a) Developing and administering a training, examination and certification program pursuant to the Act; (b) Revocation or suspension of certification; (c) Requiring, in accordance with the Act that any person who performs…

For a listing of definitions used in this Rule see Rule 880-X-2A-.06. Author: Notes Ala. Admin. Code r. 880-X-12A-.04 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 80, 90, 91.

(1) Operators shall --(a) Designate a certified blaster(s) as blaster(s)-in-charge for each blast to be detonated in surface coal mining and reclamation operations; (b) Ensure that all employees who perform blasting tasks under the supervision of a blaster-in-charge have training…

(1) An approved blasters training program shall include, but not be limited to, 40-hours of blaster instructions employing --(a) Class room lectures; (b) Laboratory demonstrations; (c) Visual aids; and (d) Student participation in the design and implementation of simulated blasti…

(1) Initial Certification. (a) Each applicant who has satisfactorily completed an approved training program and has successfully passed the comprehensive written examination prior to January 1, 1982, may be recertified under these regulations provided that the applicant: 1. Has s…

A blaster-in-charge shall be responsible for determining that -- (a) Diameter, spacing, burden, depth, stemming depth or weight of each explosive charge per hole meet criteria for safe and effective blasting; (b) Explosive charge per delay does not exceed that imposed by State re…

(a) Certification Fee. Each applicant for blaster certification shall pay a non-refundable application fee of $100.00 prior to sitting for the comprehensive written examination. (b) Renewal Fee. Each applicant for renewal of certification as a certified blaster shall submit the r…

(1) The nomenclature, including Subchapter, Part and Section titles and numbers, of 30 CFR Chapter VII, the Federal regulations governing coal exploration and surface coal mining and reclamation operations, has been adopted where feasible for these regulations. This system is uti…

These regulations, consisting of Rules 880-X-2A - 880-X-12A establish the procedures through which the Surface Mining Commission will implement the Alabama Surface Mining Control and Reclamation Act of 1981. They are divided into eleven chapters. (a) Chapter 880-X-2 contains intr…

The objective of these regulations is to accomplish the legislative intent of the Act found in Section 2 in a manner which is consistent with the language of the Act, its legislative history, other applicable laws, and judicial interpretation. Author: Notes Ala. Admin. Code r. 88…

The Alabama Surface Mining Commission, otherwise referred to in these regulations as the State Regulatory Authority, has the authority and shall enforce the Alabama Surface Mining Control and Reclamation Act of 1981 and these regulations. Author: Notes Ala. Admin. Code r. 880-X-2…

The State Regulatory Authority has responsibility for the regulation of coal exploration and surface coal mining and reclamation operations. The State Regulatory Authority has responsibility for review of and decisions on permits and bonding for surface coal mining and reclamatio…

As used throughout these regulations the following terms have the specified meaning except where otherwise indicated: (1) Acid-drainage means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned sur…

(1) These regulations apply to all coal exploration and surface coal mining and reclamation operations, except - (a) The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her. Noncommercial use does not include the extracti…

(1) A petition to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Act shall be in writing, signed by a minimum of 15 citizens of Alabama, and submitted to the State Regulatory Authority. (2) The petition shall be a concise statement of the…

(1) A person who intends to initiate a civil action on his or her own behalf under Section 27 of the Act shall give notice of intent to do so, in accordance with this Section. (2) Notice shall be given by certified mail to the State Regulatory Authority, the Secretary of the U. S…

(1) Records required by the Act to be made available locally to the public shall be retained at the geographically closest office of the State Regulatory Authority having jurisdiction over the area involved. (2) Other records or documents in the possession of the State Regulatory…

(1) Except as otherwise provided, computation of time under this Chapter is based on calendar days. (2) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturda…

(1) Any person who conducts surface coal mining and reclamation operations on lands on or after 8 months from the date of approval of the State program shall have a permit issued pursuant to the State program. However, under conditions specified in 880-X-8B-.03(a) a person may co…

This Rule sets forth the policy and procedures to be followed by State employees to satisfy the requirements of Section 7 of the Act. Section 7 prohibits those State employees identified in Rule 880-X-2C-.06 from having any direct or indirect interest in underground or surface co…

To establish methods which will ensure, as required by Section 7 of Act 81-435, that each employee of the State Regulatory Authority who performs any function or duty under the Act does not have a direct or indirect financial interest in any underground or surface coal mining ope…

(1) The Director of the State Regulatory Authority or his or her authorized designee shall -- (a) Provide advice, assistance, and guidance to all State employees required to file statements pursuant to Rule 880-X-2C-.06; (b) Promptly review the statement of employment and financi…

See Rule 880-X-2A-.06 for a complete listing of definitions. Author: Notes Ala. Admin. Code r. 880-X-2C-.04 Statutory Authority: Code of Ala. 1975, §§ 9-16-71,72, 73, 74, 75, 76, 80.

(1) Criminal penalties are imposed by Section 7 of the Act. Section 7 prohibits each employee of the State Regulatory Authority who performs any function or duty under the Act from having a direct or indirect financial interest in any underground or surface coal mining operation.…

(1) Any employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Director of the State Regulatory Authority or his or her authorized designe…

(1) Employees performing functions or duties under the Act shall file annually on February 1 of each year. (2) New employees hired, appointed, or transferred to perform functions or duties under the Act will be required to file at the time of entrance to duty. (3) New employees a…

The Director of the State Regulatory Authority shall file his or her statement with the Director of the Office of Surface Mining pursuant to Part 7 0 5 of Chapter VII of the Code of Federal Regulations. All other employees, as provided in Rule 880-X-2C-.06, shall file their state…

(1) Each employee shall report all information required on the statement of employment and financial interests of the employee, his or her spouse, minor children, or other relatives who are full-time residents of the employee's home. The report shall be on OSM Form 705.1 as provi…

(1) Except as provided in Paragraph (2) of this Rule, employees shall not solicit or accept, directly or indirectly any gift, gratuity, favor, entertainment, loan or any other thing of monetary value, from a coal company which --(a) Conducts or is seeking to conduct, operations o…

(1) Actions to be taken by the Director of the State Regulatory Authority or his or her authorized designee are as follows:(a) If an employee has a prohibited financial interest, the Director of the State Regulatory Authority or his or her designee, shall promptly advise the empl…

Employees have the right to appeal an order for remedial action under Rule 880-X-2C-.ll and shall have 30 days to exercise this right before disciplinary action is initiated. (a) Employees other than the Director of the State Regulatory Authority, may file their appeal, in writin…

(1) This Rule establishes the procedures for determining those surface coal mining and reclamation operations which are exempt from the Act and these regulations because the extraction of coal is an incidental part of Federal, State, or local government-financed highway or other …

(1) The State Regulatory Authority is responsible for enforcing the requirements of this Rule. (2) Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the extraction operation, the documenta…

As used in this Rule, the following terms have the meaning specified in Rule 880-X-2A-.06 of these regulations: (a) Extraction of coal as an incidental part; (b) Government financing agency; and (c) Government-financed construction.Author: Notes Ala. Admin. Code r. 880-X-2D-.03 S…

(1) Coal extraction which is an incidental part of government-financed construction is exempt from the act and these regulations with the exception of the requirements of 880-X-2D-.06 if they are applicable. (2) Any person who conducts or intends to conduct a coal extraction whic…

Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction operation and available for inspection, documents which show -- (a) A desc…

For coal removal incidental to government financed construction where funding for the project is less than 50% and the construction is undertaken as an approved reclamation project under Title IV (The Abandoned Mine Land Program, AML) of the Federal Surface Mining Control and Rec…

This chapter implements the exemption contained in the Code of Ala. 1975, § 9-16-99(4) concerning the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals removed for purposes o…

As used in this part, the following terms have the meaning specified, except where otherwise indicated: (1) Cumulative measurement period means the period of time over which both cumulative production and cumulative revenue are measured.(a) For purposes of determining the beginni…

The information will be used to determine the initial and continuing applicability of the incidental mining exemption to a particular mining operation. Response is required to obtain and maintain the incidental mining exemption in accordance with the Code of Ala. 1975, § 9-16-99(…

(1) (a) Any person who plans to commence or continue coal extraction after the effective date of this chapter in reliance on the incidental mining exemption shall file a complete application for exemption with the Alabama Surface Mining Commission for each mining area. (b) After …

An application for exemption shall include at a minimum: (1) The name and address of the applicant; (2) A list of the minerals sought to be extracted; (3) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining…