Section 27.21.030. General powers.

To accomplish the purposes of this chapter, the commissioner may
        (1) in accordance with AS 44.62 (Administrative Procedure Act) adopt, amend, and enforce regulations pertaining to surface coal mining and reclamation operations;
        (2) issue permits;
        (3) conduct hearings and conferences;
        (4) issue orders requiring an operator to take the actions necessary to comply with this chapter and the regulations adopted under this chapter;
        (5) issue orders modifying previous orders;
        (6) after opportunity for a due process hearing, issue a final order revoking the permit of an operator who has failed to comply with an order of the commissioner to take action required by this chapter or regulations adopted under this chapter;
        (7) order the immediate cessation of all or part of a surface coal mining and reclamation operation if the commissioner finds that the operation or part of the operation creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause significant imminent harm to land, air, or water resources, and, to the extent reasonably necessary to eliminate or alleviate those conditions, take other action or make changes in a permit, as provided in this chapter;
        (8) hire and authorize the hiring of employees and private contractors, subject to the conflict of interest provisions of this chapter and subject to AS 36.30 (State Procurement Code), to assist in carrying out the requirements of this chapter;
        (9) enter and inspect a surface coal mining operation that is subject to the provisions of this chapter to assure that the operation is in compliance with this chapter;
        (10) conduct, encourage, request, and participate in studies, surveys, investigations, research, experiments, training, and demonstrations;
        (11) prepare reports and require permittees to prepare reports;
        (12) accept, receive, and administer grants, gifts, or other money made available for the purposes of this chapter regardless of the source of the grants, gifts, or money;
        (13) take the steps necessary to allow the state to participate to the fullest extent practicable in the abandoned mine land program provided in Title IV of the Surface Mining Control and Reclamation Act of 1977, including engaging in any work and adopting, amending and enforcing regulations;
        (14) take the actions necessary to establish and maintain exclusive jurisdiction over surface coal mining and reclamation operations in the state under the provisions of the Surface Mining Control and Reclamation Act of 1977, including making recommendations for legislation to clarify or amend this chapter to conform with the terms of the Surface Mining Control and Reclamation Act of 1977;
        (15) contract with state agencies to obtain the professional and technical services necessary to carry out the provisions of this chapter;
        (16) coordinate the review of applications and issuance of permits for surface coal mining and reclamation operations with other federal or state permit processes applicable to those operations;
        (17) enter into cooperative agreements with the Secretary of the United States Department of the Interior for the regulation of surface coal mining operations on federal land in accordance with the Surface Mining Control and Reclamation Act of 1977; and
        (18) perform other duties required by this chapter.

Notes

Implemented As

11 AAC 05.010
11 AAC 05.900
11 AAC 90.001

History

(Sec. 1 ch 29 SLA 1982; am Sec. 27 ch 106 SLA 1986)