ALABAMA SURFACE MINING COMMISSION ADMINISTRATIVE CODE

CHAPTER 880-X-11A INSPECTION AND ENFORCEMENT PROCEDURES GENERAL REQUIREMENT FOR INSPECTION AND ENFORCEMENT

TABLE OF CONTENTS

880-X-11A-.01 Scope

880-X-11A-.02 Inspections

880-X-11A-.03 Enforcement

880-X-11A-.04 Availability Of Records

880-X-11A-.05 Public Participation

880-X-11A-.01 Scope. 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:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.

History:

880-X-11A-.02 Inspections. 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:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.

History:

880-X-11A-.03 Enforcement. 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:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.

History:

880-X-11A-.04 Availability Of Records.

(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 permits and all documents relating to inspection and enforcement actions.

(2) Except as provided in Rules 880-X-8C-.09 and 880-X-8K-.05 and Paragraph (3) of this Rule and Section 32 of the Act, copies of all records, reports, inspection materials, or information obtained by the State Regulatory Authority shall be made immediately available to the public in the area of mining so that they are conveniently available to residents of that area until at least five (5) years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation bond.

(3) In order to protect preparation for hearings and enforcement proceedings, the Director of the Office of Surface Mining, and the State Regulatory Authority may enter into agreements regarding procedures for the special handling of investigative and enforcement reports and other such materials.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.

History: May 20, 1982; Amended: November 14, 1989; effective: March 7, 1991.

880-X-11A-.05 Public Participation. Rules 880-X-11B, 880-X-11C and 880-X-11D provide for public participation in the enforcement of these regulations.

Author:

Statutory Authority: Code of Ala. 1975, 9-16-71, 73, 74, 75, 76, 79, 80, 87, 92, 93, 94.

History: