Title 27 — Mining
13 chapters · 140 sections in this title.
AS 27.19.030 Reclamation plan.
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(a) Except as provided in AS 27.19.050, a miner may not engage in a mining operation until the commissioner has approved a reclamation plan for the mining operation. (b) In reviewing a reclamation plan for state, federal, or municipal land under (a) of this section, the commissio…
AS 27.19.040 Reclamation financial assurance.
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(a) The commissioner shall require an individual financial assurance in an amount not to exceed an amount reasonably necessary to ensure the faithful performance of the requirements of the approved reclamation plan. The commissioner shall establish the amount of the financial ass…
AS 27.19.050 Exemption for small operations.
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(a) AS 27.19.030(a) and 27.19.040 do not apply to a mining operation (1) where less than five acres are mined at one location in any year and there is a cumulative unreclaimed mined area of less than five acres at one location; or (2) where less than five acres and less than 50,0…
AS 27.19.060 Cooperative management agreements.
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The commissioner, on a determination that an agreement is in the best interest of the state, may enter into a cooperative management agreement with the federal government or a state agency to implement a requirement of this chapter or a regulation adopted under it.
AS 27.19.070 Violations.
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(a) A miner who violates or permits a violation of an approved reclamation plan and fails to comply with a lawful order of the commissioner forfeits the financial assurance or a portion of the assurance and is liable to the state in a civil action for the full amount of reclamati…
AS 27.19.080 Administrative Procedure Act; regulations.
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(a) Except as provided in AS 44.37.011, AS 44.62 (Administrative Procedure Act) applies to this chapter. (b) The commissioner may adopt regulations to carry out the purposes of this chapter.
AS 27.19.100 Definitions.
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In this chapter, (1) “lode mine” means a mining operation that removes the minerals from consolidated rock rather than from a placer deposit; (2) “materials” means sand, gravel, riprap, rock, limestone, slate, peat, and other substances from the ground that are not locatable or l…
AS 27.20.005 Purposes.
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This chapter is intended to provide uniform safety standards for all mining operations conducted within the state; to afford maximum freedom of operation to mining operators while assuring proper working conditions for their employees in regard to mining operations; to insure the…
AS 27.20.010 Regulations.
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(a) The commissioner may adopt the regulations and issue the orders considered necessary to carry out the purposes of this chapter, and the regulations shall have the force and effect of law. Regulations and orders authorized by this chapter shall be consistent with its purposes …
AS 27.20.015 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.020 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.021 Inspection of mining operations.
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The department may enter, inspect, and examine any mining operations in the state and inspect and examine the workings and the machinery belonging to it at all reasonable times, either day or night, but not so as to impede or obstruct the workings of the mining operation more tha…
AS 27.20.025 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.030 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.031 Correcting unsafe conditions.
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If, upon examination, a mine or a portion of it is found to be in an unsafe condition as defined by regulations adopted under this chapter or if proper first aid or mine rescue measures have not been adopted, the department shall at once serve notice in writing upon the owner, le…
AS 27.20.035 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.040 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.041 Reports to be confidential.
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The department shall keep confidential, upon the request of the person supplying the information, all reports and information required to be filed by regulations adopted under this chapter and all information deducible from filed information. Except by order of a court of compete…
AS 27.20.045 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.050 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.051 Penalties.
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A person who fails to comply with this chapter or with a regulation or order adopted under it, upon conviction, is punishable by a fine of not more than $1,000, by imprisonment for not more than one year, or by both.
AS 27.20.055 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.060 [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.20.061 Definitions.
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In this chapter, (1) “department” means the Department of Natural Resources; (2) “mining operation” includes all parts of a mine or mineral exploration project in the state and any mining or treatment plant or equipment connected with it, underground or on the surface, that contr…
AS 27.20.065 Secs. 27.20.065 — 27.20.480. [Repealed, § 3 ch 75 SLA 1963.]
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[Repealed or reserved.]
AS 27.21.010 Findings and declaration of purpose.
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Article 2. Surface Coal Mining. (a) The legislature finds and declares that (1) the Congress of the United States has enacted the Surface Mining Control and Reclamation Act of 1977, which provides for the establishment of a nationwide program to regulate surface coal mining and r…
AS 27.21.020 Jurisdiction.
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The commissioner of natural resources has exclusive jurisdiction over surface coal mining and reclamation operations in the state.
AS 27.21.030 General powers.
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To accomplish the purposes of this chapter, the commissioner may (1) in accordance with AS 44.62 (Administrative Procedure Act) adopt, amend, and enforce regulations pertaining to surface coal mining and reclamation operations; (2) issue permits; (3) conduct hearings and conferen…
AS 27.21.040 Provisions of regulations and permits.
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The provisions of a regulation adopted or a permit issued by the commissioner may vary for particular conditions, types of coal being extracted, or areas of the state if the provisions are consistent with the purposes of this chapter.
AS 27.21.050 Conflict of interest.
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An employee of the department or a private contractor performing a function or duty under this chapter may not have a direct or indirect financial interest in an underground or surface coal mining operation. A person who knowingly violates this section is guilty of a class A misd…
AS 27.21.060 Permits.
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(a) Beginning eight months after May 2, 1983, a person may not conduct a surface coal mining and reclamation operation in the state without a permit for that operation. To receive a permit, a person must apply to the commissioner. The commissioner shall process applications accor…
AS 27.21.070 Term of permit.
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(a) Permits will be issued for a term of five years. However, the commissioner may grant a permit for a longer term if the application is complete for that longer term and the applicant demonstrates that the longer term is necessary to allow the applicant to obtain financing for …
AS 27.21.080 Renewal of permit.
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(a) A permit issued under this chapter includes the right of successive renewal upon expiration, for areas within the boundaries of the permit area. An opponent of renewal of a permit has the burden of proving that the permit should not be renewed. Subject to (c) of this section,…
AS 27.21.090 Application fee.
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An application for a new permit, permit renewal, or transfer of a permit must be accompanied by an application fee. The commissioner shall adopt regulations setting out a fee schedule. The application fee may not exceed the actual or anticipated costs of reviewing the application…
AS 27.21.100 Public information and inspection.
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(a) An applicant for a permit shall file a copy of the application for public inspection at a location designated by the commissioner near the area of the proposed surface coal mining operation. The applicant may exclude from the copy filed under this subsection information that …
AS 27.21.110 Contents of application.
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The commissioner shall adopt regulations relating to the contents of an application for a permit under this chapter that include a reclamation plan and liability insurance consistent with the requirements of 30 U.S.C. 1257(b) and 30 U.S.C. 1258, as amended. The regulations must t…
AS 27.21.120 Small operator assistance.
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(a) The provisions of this section apply when the commissioner finds that the probable total annual production of all of the surface coal mining operations of an applicant or, if the applicant is a subsidiary of another corporation, the applicant's parent corporation and its subs…
AS 27.21.130 Public notice of application.
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At the time an applicant submits an application for a permit or for a revision of a permit, the applicant shall give notice in the manner set out in AS 38.05.945(b) and (c) except as may be provided otherwise by regulations adopted under this chapter.
AS 27.21.140 Objection to application; informal conference.
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(a) A person who is or may be adversely affected by the issuance or revision of a permit or a federal, state, or municipal agency may file written comments or objections to the permit or revision with the commissioner within 30 days after the last publication of the notice requir…
AS 27.21.150 Hearings.
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(a) Within 30 days after an applicant is notified under AS 27.21.140(c) of the commissioner's decision concerning the application, the applicant or a person who is or may be adversely affected by the decision may request a hearing to review the reasons for the decision. The commi…
AS 27.21.160 Performance bond; exceptions.
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(a) Except as provided in (c) and (g) of this section, after an application for a permit has been approved and before the permit may be issued, the applicant must file with the commissioner, on a form prescribed and furnished by the commissioner, a performance bond payable to the…
AS 27.21.170 Request and release of performance bonds or deposits.
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(a) A permittee may file a request with the commissioner for the release of all or part of the permittee's performance bonds or deposit. The permittee shall give notice in the manner set out in AS 38.05.945(b) and (c) except as provided by regulations adopted under this chapter. …
AS 27.21.180 Application approval or denial.
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(a) Within 120 days after receipt of a complete application for a permit or for revision or renewal of a permit, the commissioner shall grant, condition, modify, or deny the application and notify the applicant in writing of the commissioner's action. The applicant has the burden…
AS 27.21.190 Revision and transfer of permit.
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(a) During the term of a permit, the permittee may submit to the commissioner an application for revision of the permit, with necessary revisions to the permittee's reclamation plan. (b) The commissioner may not approve an application for revision of a permit unless the commissio…
AS 27.21.200 Coal exploration permits.
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(a) A person may conduct coal exploration activities that substantially disturb the natural land surface only according to regulations adopted by the commissioner. Before conducting the coal exploration activities, the person shall file with the commissioner a notice of intent to…
AS 27.21.210 Performance standards.
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The commissioner shall adopt regulations consistent with the environmental performance standards of the Surface Mining Control and Reclamation Act of 1977 and the regulations promulgated under that Act for both surface coal mining and reclamation operations and surface effects of…
AS 27.21.220 Surface effects of underground coal mining.
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(a) The provisions of this chapter apply to the surface effects of underground coal mining. However, the commissioner shall consider the inherent difference between underground mining and surface mining in adopting regulations under this chapter that apply to underground mining. …
AS 27.21.230 Inspections and monitoring.
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(a) The commissioner shall provide for an inspection of a surface coal mining and reclamation operation to evaluate compliance with this chapter, and, for that purpose, an authorized representative of the commissioner may enter the surface coal mining and reclamation operation. T…
AS 27.21.240 Enforcement.
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(a) If, on the basis of an inspection under AS 27.21.230, the commissioner determines that a person or a person's operation is in violation of this chapter or a term of a permit and that the violation creates an imminent danger to the health or safety of the public or is causing …
AS 27.21.250 Penalties.
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(a) The commissioner may assess a civil penalty against a person if the person or the person's operation violates a condition of a permit or a provision of this chapter. If as a result of the violation the commissioner issues a cessation order under AS 27.21.240, the commissioner…