Section 880-X-8J-.11 - Coal Processing Plants And Their Support Facilities Not Located Within The Permit Area Of A Specified Mine (Alabama Administrative Code)

§ 880-X-8J-.11. Coal Processing Plants And Their Support Facilities Not Located Within The Permit Area Of A Specified Mine

(1) This Rule applies to any person who operates or intends to operate a processing plant and associated support facilities not located within a permit area of a specific mine. Any person who operates such a processing plant shall have obtained a permit in accordance with the requirements of this Rule.

(2) Any application for a permit for operations covered by this Rule shall contain in the mining and reclamation plan, specific plans, including descriptions, maps and cross-sections of the construction, operation, maintenance and removal of the processing plants and associated support facilities. The plan shall demonstrate that those operations will be conducted in compliance with Rule 880-X-10J.

(3) No permit shall be issued for any operation covered by this Rule, unless the State Regulatory Authority finds, in writing, that in addition to meeting all other applicable requirements of this Chapter, the operations will be conducted in compliance with the requirements of Rule 880-X-10J.

(4) Not later than sixty (60) days after the effective date of Rules 880-X-2A-.06 Definitions of Coal Processing, Coal Processing Plant, and Surface Coal Mining operations as Amended under Rulemaking 86-1, persons operating coal processing plants not previously subject to this Rule shall apply for a permit or cease operations and reclaim the disturbed areas in accordance with Chapter 880-X-3.

(a) Except as prohibited by Chapter 880-X-7 such operations may continue after the effective date of these amended rules provided that:

1. The operator files a timely application for a permit as required by this paragraph; provided, however, that if the Regulatory Authority determines the application to be incomplete, the applicant shall have sixty (60) days from the notification of incompleteness to correct the deficiencies and have it determined to be complete;

2. The ASMC has not yet issued or denied the permit; and

3. The operation complies with the performance standards of Chapter 880-X-3.

(b) Upon issuance of a permit by the ASMC under this Rule, such processing plants shall comply with the performance standards of Chapter 880-X-10J.

Author:

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 91, 92.

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