Alabama Administrative Code

(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 Rul…

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 …

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…

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: Notes Ala. Admin. Code r. 880-X-8N-.03 S…

(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…

(See Rule 880-X-2A-.06 Definitions) Author: Notes Ala. Admin. Code r. 880-X-8N-.05 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83.

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 oper…

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 issu…

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 tot…

(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 o…

(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)…

(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 establi…

(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…

(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 with…

This Rule sets forth the requirements for bonding and insuring surface coal mining and reclamation operations. Author: Notes Ala. Admin. Code r. 880-X-9A-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 85, 89.

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: Notes Ala. Admin. Code r. 880-X-9A-.02 Statutory Authority: Code …

See Rule 880-X-2A-.06 for a complete list of definitions. Author: Notes Ala. Admin. Code r. 880-X-9A-.03 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 85, 89.

(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 p…

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…

(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-…

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: Notes Ala. Admin. Code r. 880-X-9B-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, …

(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 regul…

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 mi…

(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 o…

(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, re…

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: Notes Ala. Admin. Code r. 880-X-9C-.01 Statutory Authority: Code of Ala. 1975, §§ 9-1…

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 o…

(1) The performance bond shall be in an amount determined by the State Regulatory Authority as provided in Rules 880-X-9B-.02 and 880-X-9B-.03. (2) The performance bond shall be payable to the State Regulatory Authority. (3) The performance bond shall be conditioned upon faithful…

(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 s…

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. …

(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…

(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 …

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: Notes Ala. Admi…

(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 compl…

(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 Authori…

(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 …

(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…