SEC. 53-7-19. Powers and duties of commission.
The commission shall have the following powers and duties regarding surface mining:
(a) To develop a statewide, comprehensive policy * * * for the regulation of surface mining and reclamation consistent with * * * this chapter;
(b) To hold public and formal hearings, to issue notices of hearing, to administer oaths or affirmations, to issue subpoenas requiring the appearance of witnesses requested by any party and compel their attendance, * * * and to require production of any books, papers, correspondence, memoranda, agreements or other documents or records that are relevant or material to the administration of this chapter and to take testimony as deemed necessary;
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(c) To issue, modify or revoke orders requiring an operator to take any actions * * * necessary to comply with this chapter, rules and regulations adopted under this chapter or any permit or coverage under a general permit required by this chapter;
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(d) To enter on and inspect for the purpose of assuring compliance with the terms of this chapter, in person or by an authorized agent of the department, any surface mining operation * * * subject to * * * this chapter;
(e) To conduct, or cause to be conducted, encourage, request and participate in studies, surveys, investigations, research, experiments, training and demonstrations by contract, grant or otherwise; to prepare and require permittees to prepare reports; and to collect information and disseminate to the public * * * information such as is deemed reasonable and necessary for the proper enforcement of this chapter;
(f) To apply for, receive and expend any grants, gifts, loans or other funds made available from any source for the purpose of this chapter * * *;
(g) To advise, consult, cooperate with, or enter into contracts or grants with federal, state and local boards and agencies having pertinent expertise for the purpose of obtaining professional and technical services necessary to carry out * * * this chapter;
(h) To enter into contracts with persons to reclaim land underthis chapter;
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(i) To order the immediate cessation of any ongoing surface mining operation being conducted with or without a permit or coverage under a general permit if it finds that the operation endangers the health or safety of the public or creates imminent and significant environmental harm;
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(j) To institute and maintain all * * * court actions * * * necessary to obtain the enforcement of any written orderof the commission;
(k) To recognize the differences in the various materials * * *, taking into consideration the commercial value of the material and the nature and size of operation necessary to extract the deposit, in regulating surface mining operations;
(l) To authorize the executive director * * * to discharge or exercise any power or duty granted to the commission by * * * this chapter; and
(m) To perform any other duties and acts * * * required or provided for by this chapter.
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SOURCES: Laws, 1977, ch. 476, Sec. 6; 1979, ch. 477, Sec. 44; Laws, 2002, ch. 492, § 8, HB 573, eff from and after July 1, 2002.
PREVIOUS VERSIONS: Pre-2002.
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