Ala. Admin. Code r. 880-X-7D-.06

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

Section 880-X-7D-.06 - Procedures: Initial Processing, Recordkeeping, And Notification Requirements

(1)

(a) Within 30 days of receipt of a petition, the State Regulatory Authority shall notify the petitioner by certified mail whether or not the petition is complete under Rule 880-X-7D-.05(2) or (3).

(b) The State Regulatory Authority shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the State Regulatory Authority finds there are not any identified coal resources in that area, it shall return the petition to the petitioner with a statement of the findings.

(c) The State Regulatory Authority may reject petitions for designations or terminations of designations which are frivolous. Once the requirements of Rule 880-X-7D-.05 are met, no party shall bear any burden of proof, but each accepted petition shall be considered and acted upon by the State Regulatory Authority pursuant to the procedures of this Rule.

(d) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the State Regulatory Authority shall determine if the new petition presents new allegations of facts. If the petition does not contain new allegations of facts, the State Regulatory Authority shall not consider the petition and shall return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered.

(e) If the State Regulatory Authority determines that the petition is incomplete or frivolous, it shall return the petition to the petitioner, with a written statement of the reasons for the determination and the categories of information needed to make the petition complete.

(f) The State Regulatory Authority shall notify the person who submits a petition of any application for a permit received which proposes to include any area covered by the petition.

(g) Any petitions received after the close of the public comment period on a permit application relating to the same permit area shall not prevent the State Regulatory Authority from issuing a decision on that permit application. The State Regulatory Authority may return any petition received thereafter to the petitioner with a statement why the State Regulatory Authority cannot consider the petition. For the purposes of this Rule, close of the public comment period shall mean at the close of any informal conference held under Rule 880-X-8K-.08, or, if no conference is requested, at the close of the period for filing written comments and objections under Rules 880-X-8K-.06 - 880-X-8K-.07.

(2)

(a) Within three weeks after the determination that a petition is complete, the State Regulatory Authority shall circulate copies of the petition to, and request submissions of relevant information from, other interested governmental agencies, the petitioner, intervenors, persons with an ownership interest of record in the property, and other persons known to the State Regulatory Authority to have an interest in the property.

(b) Within three weeks after the determination that a petition is complete, the State Regulatory Authority shall notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition and in any official State register of public notices.

(3) Until three days before the State Regulatory Authority holds a hearing under Rule 880-X-7D-.07, any person may intervene in the proceedings by filing allegations of facts, supporting evidence, a short statement identifying the petition to which the allocations pertain, and the intervenor's name, address and telephone number.

(4) Beginning immediately after a complete petition is filed, the State Regulatory Authority shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the State Regulatory Authority. The State Regulatory Authority shall make the record available for public inspection, free of charge, and copying, at reasonable cost, during all normal business hours at a central location of the county or multi-county area in which the land petitioned is located, and at the main office of the State Regulatory Authority.

Author:

Ala. Admin. Code r. 880-X-7D-.06

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 77, 78, 80, 85, 87, 88, 92, 96.