Maryland Constitution Article XI-F - Home Rule for Code Counties
**Title 880 – Alabama Administrative Code
Alabama Surface Mining Commission (ASMC)**
Detailed Explanation
Title 880 of the Alabama Administrative Code contains the rules and regulations adopted by the Alabama Surface Mining Commission (ASMC) to implement and enforce the Alabama Surface Mining Control and Reclamation Act of 1981 (ASMCRA). These rules closely parallel the federal Surface Mining Control and Reclamation Act of 1977 (SMCRA) but apply specifically to Alabama.
Title 880 generally governs:
1. Licensing and Permitting (Chapters 880-X-5A and 880-X-6A)
These sections set forth requirements for:
• Surface Coal Mining Permit Applications
Operators must submit detailed information, including:
Environmental impact assessments
Hydrologic and geologic data
Mine plans
Reclamation plans
Proof of ownership and legal right to mine
Public notifications and comment opportunities
• Permit Review and Approval
ASMC evaluates whether:
Mining operations meet environmental protection standards
Reclamation plans restore land to its pre-mining capability
Adequate bonding is in place
2. Performance Standards (Chapters 880-X-7A, 880-X-8A, etc.)
These include mandatory rules operators must follow during mining:
• Environmental Protection Rules
Protection of water quality
Control of sedimentation
Stabilization of spoil piles
Prevention of subsidence
Air quality and blasting rules
• Land Restoration
Backfilling and grading requirements
Revegetation standards
Restoration to pre-mining land uses or better
3. Inspection and Enforcement (Chapter 880-X-11A)
ASMC has authority to:
Conduct regular and surprise inspections
Issue notices of violation (NOVs)
Issue cessation orders for serious violations
Assess civil penalties
Suspend or revoke permits
These powers mirror federal OSMRE enforcement obligations.
4. Bonding and Financial Guarantees (Chapter 880-X-9A)
Before mining, operators must post financial bonds ensuring:
Full reclamation after mining
Funds available if an operator defaults
Bonds may be released in phases once reclamation criteria are met.
5. Reclamation Standards (Chapter 880-X-10A)
Reclamation must:
Restore approximate original contour (AOC)
Establish permanent vegetation
Ensure long-term stability
Restore prime farmland as required
6. Special Rules for Coal Exploration (Chapter 880-X-4A)
Exploration that removes more than 250 tons of coal requires:
Notices and permits
Environmental protection measures
Six Relevant Case Laws
Below are six key cases relevant to Alabama’s surface mining regulations, enforcement, or relationships between state and federal authorities under SMCRA/ASMCRA.
1. Drummond Co. v. Alabama Surface Mining Commission, 654 So.2d 548 (Ala. Civ. App. 1994)
Holding:
The court upheld the ASMC’s authority to issue a cessation order where the operator violated performance standards.
Importance:
Confirmed broad enforcement powers of ASMC and deference to agency findings when environmental harm is demonstrated.
2. Ex parte Alabama Surface Mining Commission, 862 So.2d 627 (Ala. 2003)
Holding:
The Alabama Supreme Court reaffirmed that ASMC’s administrative decisions are entitled to judicial deference unless arbitrary or capricious.
Importance:
Solidified ASMC’s quasi-judicial authority in evaluating permit decisions and violations.
3. United States v. Drummond Company, 961 F.2d 1149 (11th Cir. 1992)
Holding:
Federal courts recognized that state regulatory programs (including Alabama’s) operate under primary jurisdiction of state agencies unless federal oversight is triggered.
Importance:
Clarified division of state and federal authority under SMCRA and validated Alabama’s regulatory autonomy when compliant with federal standards.
4. Mitchell v. Alabama Surface Mining Commission, 533 So.2d 533 (Ala. Civ. App. 1988)
Holding:
The court affirmed ASMC’s decision that the appellant lacked sufficient legal right to mine the property.
Importance:
Strengthened regulatory scrutiny of land ownership and right-of-entry requirements in Title 880 permitting procedures.
5. Southern Natural Gas Co. v. Alabama Surface Mining Commission, 785 F.2d 1499 (11th Cir. 1986)
Holding:
Addressed conflicts between mining operations and existing utility easements; upheld conditions imposed by ASMC to protect pipelines.
Importance:
Confirmed ASMC authority to protect public infrastructure through permit conditions.
6. Alabama Surface Mining Reclamation Commission v. Jolly, 423 So.2d 850 (Ala. Civ. App. 1982)
Holding:
The court upheld the Commission’s compliance orders for post-mining land reclamation deficiencies.
Importance:
Established early precedent that reclamation obligations are strictly enforced and remain binding even after mining ceases.
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