§ 880-X-2A-.07. Applicability
(1) These regulations apply to all coal exploration and surface coal mining and reclamation operations, except -
(a) The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her. Noncommercial use does not include the extraction of coal by one unit of an integrated company or other business or nonprofit entity which uses the coal in its own manufacturing or power plants;
(b) The extraction of coal as an incidental part of Federal, State or local government-financed highway or other construction in accordance with Rule 880-X-2D hereof; and
(c) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16-2/3 percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale in accordance with Subchapter 880-X-2E.
(2) The Alabama Surface Mining Commission may on its own initiative and shall, within a reasonable time of a request from any person who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt under this section. The Alabama Surface Mining Commission shall give reasonable notice of the request to interested persons. Prior to the time a determination is made, any person may submit, and the Alabama Surface Mining Commission shall consider, any written information relevant to the determination. A person requesting that an operation be declared exempt shall have the burden of establishing the exemption. If a written determination of exemption is reversed through subsequent administrative and judicial action, any person who, in good faith, has made a complete and accurate request for an exemption and relied upon the determination, shall not be cited for violations which occurred prior to the date of the reversal.
(a) The Alabama Surface Mining Commission may terminate its jurisdiction under the regulatory program over the reclaimed site of a completed surface coal mining and reclamation operation, or increment thereof, when:
1. The Alabama Surface Mining Commission determines in writing that under the initial program, all requirements imposed under Chapter 880-X-3 of this chapter have been successfully completed; or
2. The Alabama Surface Mining Commission determines in writing that under the permanent program, all requirements imposed by these regulations have been successfully completed or, where a performance bond was required, the Alabama Surface Mining Commission has made a final decision in accordance with Chapter 880-X-9 of these regulations to release the performance bond fully.
(b) Following a termination under paragraph (3)(a) of this section, the Alabama Surface Mining Commission shall reassert jurisdiction over a site if it is demonstrated that the bond release or written determination referred to in paragraph (3)(a), of this section was based upon fraud, collusion, or misrepresentation of a material fact.
Author: Randall C. Johnson(May 20, 1982. Amended: September 18, 1990; effective: March 30, 1991)
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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