1. (1) Notice. The Alabama Surface Mining Commission shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

2. (2) Final order and opportunity for review. The notice of proposed individual civil penalty assessment shall become a final order of the Alabama Surface Mining Commission 30 days after service upon the individual unless:

   1. (a) The individual files within 30 days of service of the notice of proposed individual civil penalty assessment a petition for review with the Division of Hearings and Appeals in accordance with 880-X-5A-.06; or
   2. (b) The Alabama Surface Mining Commission and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal.
3. (3) Service. For purposes of this section, service is sufficient if it would satisfy Section 880-X-5A-.08.

Author: Randall C. Johnson

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

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