Ala. Admin. Code r. 880-X-2A-.09

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

Section 880-X-2A-.09 - Notice Of Citizen Suits

(1) A person who intends to initiate a civil action on his or her own behalf under Section 27 of the Act shall give notice of intent to do so, in accordance with this Section.

(2) Notice shall be given by certified mail to the State Regulatory Authority, the Secretary of the U. S. Department of Interior, and the Director of the U. S. Office of Surface Mining. A copy of the notice shall be sent by first class mail to the State Director of the U. S. Office of Surface Mining.

(3) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any regulation, order, or permit issued under the Act.

(4) If service of notice under this Section is not complete upon mailing to the last known address, as shown in the Commission's files, of the person being notified, then the person bringing the action shall follow the local trial rules for notice until such notice is complete in accordance with those rules.

(5) A person giving notice regarding an alleged violation shall state, to the extent known - -

(a) Sufficient information to identify the provision of the Act, regulation, order, or permit allegedly violated;

(b) The act or omission alleged to constitute a violation;

(c) The name, address, and telephone numbers of the person or persons responsible for the alleged violation;

(d) The date, time, and location of the alleged violation;

(e) The name, address, and telephone number of the person giving notice; and

(f) The name, address, and telephone number of legal counsel, if any, of the person giving notice.

(6) A person giving notice of an alleged failure by the State Regulatory Authority to perform a mandatory act or duty under the Act shall state, to the extent known --

(a) The provision of the Act containing the mandatory act or duty allegedly not performed;

(b) Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the Act;

(c) The name, address, and telephone number of the person giving notice; and

(d) The name, address, and telephone number of legal counsel, if any, of the person giving notice.

Author:

Ala. Admin. Code r. 880-X-2A-.09

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 80, 85,87, 90, 91, 92, 95.