Section 880-X-8B-.03 - General Requirements For Permits-Operators (Alabama Administrative Code)

§ 880-X-8B-.03. General Requirements For Permits-Operators

On and after eight months from the date on which a regulatory program is approved by the U. S. Secretary of the Interior no person shall engage in or carry out surface coal mining within the State of Alabama unless that person has first obtained a valid permit issued by the State Regulatory Authority. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.

(a) A person conducting surface coal mining operations, under a valid permit issued or amended under the Alabama Surface Mining Reclamation Act of 1975, as amended, may conduct these operations beyond the period prescribed in Rule 880-X-2B-.01 if --

1. Timely and complete application for a permit has been made to the State Regulatory Authority in accordance with the provisions of the Act, this Chapter, and the regulatory program;

2. The State Regulatory Authority has not yet rendered an initial decision with respect to such application; and

3. The operations are conducted in compliance with all terms and conditions of the existing permit, the requirements of the Act, and Chapter 880-X-8 of this Chapter.


(May 20, 1982; Amended: September 18, 1990; effective: August 2, 1991.)

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83.

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