Ala. Admin. Code r. 880-X-11C-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 880-X-11C-.09 - Injunctive Relief

The State Regulatory Authority may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other order, in the court of jurisdiction for the judicial circuit in which the coal exploration or surface coal mining and reclamation operation is located or in which the person to whom the notice of violation or order has been issued has his principal office, whenever that person or his or her agent, in violation of the Act, these regulations, or any condition of an exploration approval or permit imposed under the Act, or these regulations;

(a) Violates or fails or refuses to comply with any order or decision of the State Regulatory Authority or an authorized representative of the State Regulatory Authority under the Act or these regulations;

(b) Interferes with, hinders or delays the State Regulatory Authority or an authorized representative of the State Regulatory Authority in carrying out the provisions of the Act, these regulations, or the program;

(c) Refuses to admit an authorized representative of the State Regulatory Authority to a mine;

(d) Refuses to permit inspection of a mine by an authorized representative of the State Regulatory Authority;

(e) Refuses to furnish any required information or report requested by the State Regulatory Authority in the furtherance of the provisions of the Act;

(f) Refuses to permit access to, and copying of, such records as the State Regulatory Authority determines necessary in carrying out the provisions of the Act; or

(g) Refuses to permit inspection of monitoring equipment.

Author:

Ala. Admin. Code r. 880-X-11C-.09

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 79, 80, 85, 92, 93, 94, 95.