Section 880-X-2A-.01 - Nomenclature And Effectiveness (Alabama Administrative Code)

§ 880-X-2A-.01. Nomenclature And Effectiveness

(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 utilized to facilitate a point by point comparison and determination of Federal and State requirements, and further, to provide an easy method for determining the need for, and implementing, future change necessitated by amendments to the Federal regulations. Deviations exist where the subject matter of the Federal Subchapter, Part, or Section is not applicable to the State of Alabama, and where the State has requirements in addition to those addressed in the Federal regulations.

(2) Each and every requirement of these regulations shall be in effect until the occurrence of one of the following events:

(a) The regulation containing the requirement is amended or repealed as provided for in Rule 880-X-2A-.08.

(b) A court of competent jurisdiction rules that the portion of these regulations containing the requirement is without force and effect; or

(c) A court of competent jurisdiction rules that the portion of the corresponding Federal regulations containing the requirement is without force and effect.

(d) That portion of the Act pursuant to which the regulation containing the requirement is promulgated is amended or repealed by legislative action or is enjoined, suspended or declared unconstitutional by a court of competent jurisdiction.

(e) That portion of the Federal law, PL 95-87, pursuant to which the corresponding Federal regulation containing the requirement is amended or repealed by legislative action, or is enjoined, suspended or declared unconstitutional by a court of competent jurisdiction.

(3) Upon the occurrence of one of the events set out in (2)(a) through (2)(e) of this Rule the subject requirement shall cease to have the force of law and the State Regulatory Authority shall initiate a process to alter these regulations, as necessary, to protect the integrity of the State program within the bounds of applicable law.

Author:

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 80, 85, 87, 90, 91, 92, 95.

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