No surface coal mining activities shall be conducted closer than 500 feet to any point of an active or abandoned underground mine, except to the extent that --

1. (1) The nature, timing, and sequence of the activities proposed to be conducted within 500 feet of an active underground mine are jointly approved by the State Regulatory Authority, MSHA, and the Alabama Department of Industrial Relations.
2. (2) The activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.

History: May 20, 1982. Amended: November 14, 1989; effective March 7, 1991.