1. (1) For purposes of this part: Knowingly means that an individual knew or had reason to know in authorizing, ordering or carrying out an act or omission on the part of a corporate permittee that such act or omission constituted a violation, failure or refusal.

2. (2) Violation, failure or refusal means --

   1. (a) A violation of a condition of a permit issued pursuant to the State program.
   2. (b) A failure or refusal to comply with any order issued under Section 880-X-11C of the Rules and Regulations of the Alabama Surface Mining Commission, or any order incorporated in a final decision issued by the Alabama Surface Mining Commission under the Act, except an order incorporated in a decision issued under 26(b).
3. (3) Willfully means that an individual acted (1) either intentionally, voluntarily or consciously, and (2) with intentional disregard or plain indifference to legal requirements in authorizing, ordering or carrying out a corporate permittee's action or omission that constituted a violation, failure or refusal.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §9-16-94.

History: Original filed November 14, 1989; effective: March 7, 1991.