§ 34-33-102 — Legislative declaration

It is declared to be the policy of this
state that surface coal mining operations and the reclamation of land affected by
such operations are both necessary and proper activities. The purpose of this article
is to assure that the coal required for local and national energy needs and for
economic and social well-being is provided and to provide a balance among the
protection of the environment, agricultural productivity, and the need for coal as an
essential source of energy. It is the intent of the general assembly by the
enactment of this article to allow for the continued development of the surface coal
mining operations in this state, while requiring those persons involved in surface
coal mining operations to reclaim land affected by such operations as
contemporaneously as possible with the surface coal mining operations so that the
affected land may be put to a beneficial use. It is the further intent of the general
assembly by the enactment of this article to protect society and the environment
from the adverse effects of surface coal mining operations, assure that the rights
of surface landowners and other persons with a legal interest in the land or
appurtenances thereto are fully protected from such operations; assure that
surface coal mining operations are not conducted where reclamation as required by
this article is not feasible; and to assure that appropriate procedures are provided
for the public participation in the development, revision, and enforcement of
regulations, standards, reclamation plans, or programs established by the state
under this article. It is the further intent of the general assembly to promote the
reclamation of mined areas left without adequate reclamation prior to the
enactment of this article and which continue, in their unreclaimed condition, to
substantially degrade the quality of the environment, prevent or damage the
beneficial use of land or water resources, or endanger the health or safety of the
public, to aid in the protection of wildlife and aquatic resources, and to protect and
promote the health, safety, and general welfare of the people of this state. It is the
intent of the general assembly that, in the administration of this article, the small
operator be assisted in complying with the provisions of this article, particularly in
the areas of bonding, technical and administrative assistance, and timely
processing of permit applications.

Legislative History

Source: L. 79: Entire article added, p. 1254, � 1, effective July 1.