A personconducting activities covered by this chapter shall:

1. (1) Maintain on-site or at other locations available to authorized representatives ofthe Alabama Surface Mining Commission and the Secretary of Interior informationnecessary to verify the exemption including, but not limited to, commercial use andsales information, extraction tonnages, and a copy of the exemption application andexemption approved by the Alabama Surface Mining Commission;
2. (2) Notify the Alabama Surface Mining Commission upon the completion of the miningoperation or permanent cessation of all coal extraction activities; and
3. (3) Conduct operations in accordance with the approved application or when authorized toextract coal under 880-X-2E-.04(2) or 880-X-2E-.04(5)(c) prior to submittal or approvalof an exemption application, in accordance with the standards of this chapter;
4. (4) Authorized representatives of the Alabama Surface Mining Commission and theSecretary of Interior shall have the right to conduct inspections of operations claimingexemption under this chapter;

5. (5) Each authorized representative of the Alabama Surface Mining Commission and theSecretary of Interior conducting an inspection under this chapter:

   1. (a) Shall have a right of entry to, upon, and through any mining and reclamationoperations without advance notice or a search warrant, upon presentation of appropriatecredentials;
   2. (b) May, at reasonable times and without delay, have access to and copy any recordsrelevant to the exemption; and
   3. (c) Shall have a right to gather physical and photographic evidence to documentconditions, practices or violations at a site.
6. (6) No search warrant shall be required with respect to any activity under paragraphs (4) and (5) of this section, except that a search warrant may be required for entry intoa building.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 99.

History: Original Filed September 18, 1990; effective: March 30, 1991.