Ala. Admin. Code r. 880-X-11E-.02 - Definitions
(1) For purposes of this part: Knowingly
means that an individual knew or had reason to know in authorizing, ordering or
carrying out an act or omission on the part of a corporate permittee that such
act or omission constituted a violation, failure or refusal.
(2) Violation, failure or refusal means --
(a) A violation of a condition of a permit
issued pursuant to the State program.
(b) A failure or refusal to comply with any
order issued under Section 880-X-11C of the Rules and Regulations of the
Alabama Surface Mining Commission, or any order incorporated in a final
decision issued by the Alabama Surface Mining Commission under the Act, except
an order incorporated in a decision issued under 26(b).
(3) Willfully means that an individual acted
(1) either intentionally, voluntarily or consciously, and (2) with intentional
disregard or plain indifference to legal requirements in authorizing, ordering
or carrying out a corporate permittee's action or omission that constituted a
violation, failure or refusal.
Notes
Author: Randall C. Johnson
Statutory Authority: Code of Ala. 1975, ยง 9-16-94.
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