ALABAMA SURFACE MINING COMMISSION ADMINISTRATIVE CODE

CHAPTER 880-X-2B GENERAL APPLICABILITY

TABLE OF CONTENTS

880-X-2B-.01 Applicability

880-X-2B-.01 Applicability.

(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 88O-X-8B-.03(a) a person may continue such operations after 8 months after the date of approval of a State program.

(2) The requirements of Chapter 880-X-10 of this Chapter shall be effective and shall apply to each surface coal mining and reclamation operation which is required to obtain a permit under the Act, on the earliest date upon which the Act and this Chapter require a permit to be obtained, except as provided in Paragraph (3) of this Rule.

(3)(a) Each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of Chapter 880-X-10 of this Chapter, except that--

1. An existing structure which meets the performance standards of Chapter 880-X-10 of this Chapter but does not meet the design requirements of Chapter 880-X-10 of this Chapter may be exempted from meeting those design requirements by the State Regulatory Authority. The State Regulatory Authority shall grant this exemption only as part of the permit application process after obtaining the information required by Rule 88O-X-8F-.06 or Rule 880-X-8I-.06 and after making the findings required in Rule 880-X-8K-.10(3)(f).

2. If the performance standard of Chapter 880-X-3 of this Chapter is at least as stringent as the comparable performance standard of Chapter 880-X-10 of this Chapter, an existing structure which meets the performance standards of Chapter 880-X-3 of this Chapter may be exempted by the State Regulatory Authority from meeting the design requirements of Chapter 880-X-10 of this Chapter. The State Regulatory Authority shall grant this exemption only as part of the permit application process after obtaining the information required by Rule 88O-X-8F-.06 or Rule 88O-X-8I-.06 and after making the findings required in Rule 88O-X-8K-.10(3)(f).

3. An existing structure which meets a performance standard of Chapter 880-X-3 of this Chapter which is less stringent than the comparable performance standards of Chapter 880-X-10 of this Chapter or which does not meet a performance standard of Chapter 880-X-10 of this Chapter for which there was no equivalent performance standard in Chapter 880-X-3 of this Chapter shall be modified or reconstructed to meet the performance and design standard of Chapter 880-X-10 of this Chapter pursuant to a compliance plan approved by the State Regulatory Authority only as part of the permit application as required in Rule 88O-X-8F-.06 or 880-X-8I-.06 and according to the findings required by Rule 880-X-8K-.10(3)(f).

4. An existing structure which does not meet the performance standards of Chapter 880-X-3 of this Chapter and which the applicant proposes to use in connection with or to facilitate the coal exploration or surface coal mining and reclamation operations shall be modified or reconstructed to meet the standards of Chapter 880-X-10 prior to issuance of the permit.

(b) The exemptions provided in Paragraph (3)(a)1.

and (3)(a)2. shall not apply to:

1. The requirements for existing and new coal mine disposal facilities; and

2. The requirements to restore the approximate original contour of the land.

(4)(a) Any person conducting coal exploration on or after the date on which a State program is approved, shall either file a notice of intention to explore or obtain a permit from the State Regulatory Authority as required by Rule 880-X-8C.

(b) Coal exploration performance standards in Rule 880-X-10B shall apply to coal exploration on which substantially disturbs the natural land surface 2 months after approval of a State program.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, 9-16-71, 72, 73, 74, 75, 76, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98.

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