- (1) Except as provided in Paragraph (2) of this section, the Alabama Surface Mining Commission may assess an individual civil penalty against any corporate director, officer or agent, of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal.
- (2) The Alabama Surface Mining Commission shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the Alabama Surface Mining Commission to the corporate permittee for the violation, and the cessation order has remained unabated for 30 days.
Author: Randall C. Johnson
Statutory Authority: Code of Ala. 1975, §9-16-94.
History: Original filed November 14, 1989; effective: March 7, 1991.