Section 880-X-2E-.08 - Conditions Of Exemption And Right Of Inspection And Entry (Alabama Administrative Code)

§ 880-X-2E-.08. Conditions Of Exemption And Right Of Inspection And Entry

A person conducting activities covered by this chapter shall:

(1) Maintain on-site or at other locations available to authorized representatives of the Alabama Surface Mining Commission and the Secretary of Interior information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the Alabama Surface Mining Commission;

(2) Notify the Alabama Surface Mining Commission upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

(3) Conduct operations in accordance with the approved application or when authorized to extract coal under 880-X-2E-.04(2) or 880-X-2E-.04(5)(c) prior to submittal or approval of an exemption application, in accordance with the standards of this chapter;

(4) Authorized representatives of the Alabama Surface Mining Commission and the Secretary of Interior shall have the right to conduct inspections of operations claiming exemption under this chapter;

(5) Each authorized representative of the Alabama Surface Mining Commission and the Secretary of Interior conducting an inspection under this chapter:

(a) Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

(b) May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and

(c) Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site.

(6) No search warrant shall be required with respect to any activity under paragraphs (4) and (5) of this section, except that a search warrant may be required for entry into a building.

Author: Randall C. Johnson

(Original Filed September 18, 1990; effective: March 30, 1991.)

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 80, 99.

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