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Tennessee Statutes, Title 59

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Tennessee/Statutes

← All Tennessee coverage

Title 59, Mines And Mining

8 chapters · 150 sections in this title.

All chapters in Title 59150 Ch 8, Strip and Open Pit Mines64 Ch 13, Coal Cooperative Marketing Associations44 Ch 4, Certification and Duties of Mine Emp…16 Ch 9, Mineral Test Hole Regulatory Act11 Ch 1, Chief and District Mine Inspectors6 Ch 11, Weighing of Coal and Minerals5 Ch 10, Interstate Mining Compact4

64 sections·Filtered byTitle 59✕Ch 8✕

Tenn. Code Ann. § 59-8-101 Short title — Legislative findings and declarations — Purpose
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(a) This part shall be known and may be cited as the “Primacy and Reclamation Act of Tennessee.” (b) The general assembly finds and declares that:(1) Coal is an integral component of the nation's energy requirements and that there is a need to strike a balance between protection …
Tenn. Code Ann. § 59-8-102 Part definitions
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(1) As used in this part:(1) “Affected area”:(A) Means any land or water surface area that is used to facilitate, or is physically altered by, surface coal mining and reclamation operations; and(B) Includes:(i) The disturbed area;(ii) Any area upon which surface coal mining and r…
Tenn. Code Ann. § 59-8-103 Duties of commissioner
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(a) The commissioner shall:(1) Administer the programs for controlling surface coal mining operations that are required by this part and enforce this part, and rules, permits, and orders promulgated or issued under this part;(2) Conduct and obtain investigations, research, experi…
Tenn. Code Ann. § 59-8-104 Severability
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If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the part that can be given effect without the invalid provision or application, and to…

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Tenn. Code Ann. § 59-8-105 Rules for coal exploration operations

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(a) (1) Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules promulgated by the commissioner.(2) The rules for coal exploration operations shall include, but not be limited to, requirements that:(A…

Tenn. Code Ann. § 59-8-106 Permits for engaging in surface coal mining operations

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(a) (1) No person shall engage in surface coal mining operations without having first obtained a permit from the commissioner. All permits issued under this part must be issued for a term not to exceed five (5) years; however, if the applicant demonstrates that a specified longer…

Tenn. Code Ann. § 59-8-107 Fees

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(a) The commissioner shall establish fees determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under this part. The fees may include, but are not limited to, an exploration permit fee, …

Tenn. Code Ann. § 59-8-108 Performance bonds

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(a) After a surface coal mining and reclamation permit application is approved, but prior to issuance of the permit, the applicant shall file with the commissioner, on a form prescribed and furnished by the commissioner, a bond for performance payable to this state and conditione…

Tenn. Code Ann. § 59-8-109 Reclamation plan

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(a) Each permit application shall include a reclamation plan that meets the requirements prescribed by the commissioner and contains the information in the degree of detail necessary to demonstrate that reclamation required by this part can be accomplished, including but not limi…

Tenn. Code Ann. § 59-8-110 General performance standards for surface coal mining and reclamation operations — Grant of permit without regard to requirement to restore to approximate original contour — Performance standards applicable to steep-slope surface coal mining — Variances

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(a) Any permit issued under this part to conduct surface coal mining and reclamation operations must require the operations to meet all applicable performance standards of this part and such other requirements as the commissioner shall promulgate. (b) General performance standard…

Tenn. Code Ann. § 59-8-111 Requirements to conduct underground coal mining operations — Promulgation of rules — Requirements for operator — Suspension of underground coal mining

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(a) No person shall conduct underground coal mining operations until that person obtains a permit limiting and controlling the surface effects of the mining, pays the fees required by § 59-8-107, and posts a performance bond conditioned on satisfactory reclamation of the surface …

Tenn. Code Ann. § 59-8-112 Advertisement of ownership, precise location, and boundaries of land to be affected by permit — Notification by commissioner — Written objections to proposed permit — Informal conference — Grant, requirement of modification, or denial of application — Permit renewal

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(a) (1) (A) At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, pursuant to this part the applicant shall:(i) Submit to the commissioner a copy of the applicant's advertisement of the ownership, precise …

Tenn. Code Ann. § 59-8-113 Application for revision of permit — Approval required for transfer, assignment, or sale of rights granted under permit Review of outstanding surface coal mining and reclamation operation permits

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(a) (1) During the term of the permit, the permittee may submit to the commissioner an application for a revision of the permit, together with a revised reclamation plan. The commissioner may also require the revision of a permit or a mining or reclamation plan if the present pla…

Tenn. Code Ann. § 59-8-114 Inspections of surface coal mining and reclamation operations — Monitoring data collection and analysis

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(a) The commissioner shall make inspections of any surface coal mining and reclamation operation that are necessary to determine whether the operation is in compliance with this part, and all rules promulgated and permits issued pursuant to this part, and has a right of entry to,…

Tenn. Code Ann. § 59-8-115 Request for release of all or part of performance bond or deposit

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(a) A permittee may file with the commissioner a request for the release of all or part of a performance bond or deposit. (b) (1) Within thirty (30) days after an application for bond or deposit release has been initiated and filed with the commissioner, the permittee shall submi…

Tenn. Code Ann. § 59-8-116 Inspection of surface coal mining operation at which alleged violation is occurring — Notice of violation — Abatement of violation — Cessation order — Suspension or revocation of permit

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(a) When, on the basis of any information available, including receipt of information from any person, the commissioner has reason to believe that any person is in violation of this part, any rule or order issued or promulgated under this part or any condition of a permit require…

Tenn. Code Ann. § 59-8-117 Civil penalties, fines, and imprisonment

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(a) A permittee who violates this part, rules promulgated pursuant to this part, or any permit condition required by this part, may be assessed a civil penalty by the commissioner, except that if the violation leads to the issuance of a cessation order, a civil penalty must be as…

Tenn. Code Ann. § 59-8-118 Civil action for relief

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(a) The commissioner may request the attorney general and reporter to institute a civil action for relief against any permittee including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for the action shall be in …

Tenn. Code Ann. § 59-8-119 Civil action to compel compliance

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(a) Except as provided in subsections (b) and (c), any person having an interest that is or may be adversely affected may commence a civil action to compel compliance with this part:(1) Against the state or any other governmental instrumentality or agency, which is alleged to be …

Tenn. Code Ann. § 59-8-120 Application for review of notice or order — Investigation and hearing — Request for temporary relief

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(a) (1) (A) A permittee issued a notice or order by the commissioner pursuant to § 59-8-116(b) or § 59-8-116(c), or any person having an interest that is or may be adversely affected by the notice or order or by any modification, vacation, or termination of the notice or order, m…

Tenn. Code Ann. § 59-8-121 Judicial review of final order or determination

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(a) (1) Any final order or determination by the commissioner in a contested case proceeding under this part, including a civil penalty proceeding, or as otherwise provided in this part, is subject to judicial review on or before thirty (30) days from the date of such order or dec…

Tenn. Code Ann. § 59-8-122 Protection of interest in water resources affected by mining operation — Replacement of water supply — Repair or compensation for subsidence damage

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(a) Nothing in this part affects the right of any person to enforce or protect, under applicable law, that person's interest in water resources affected by a mining operation. (b) The permittee or operator of a surface coal mine shall replace the water supply of an owner of an in…

Tenn. Code Ann. § 59-8-123 Authorized departures from environmental protection performance standards

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(a) In order to encourage advances in surface coal mining and reclamation practices, or to allow post-mining land use for industrial, commercial, residential, or public use, including recreational facilities, the commissioner, with the approval of the secretary, may authorize dep…

Tenn. Code Ann. § 59-8-124 Effect of part on § 66-5-102

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Nothing in this part limits or invalidates § 66-5-102.

Tenn. Code Ann. § 59-8-125 Designation of area as unsuitable for certain types of surface coal mining and reclamation operations

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(a) (1) The commissioner shall establish a planning process enabling objective decisions to be made based upon competent and scientifically sound data and information as to which, if any, land areas of this state are unsuitable for all or certain types of surface coal mining and …

Tenn. Code Ann. § 59-8-126 Promulgation of rules for persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations

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The commissioner shall promulgate rules to require the training, examination, and certification of persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations.

Tenn. Code Ann. § 59-8-127 Department employees prohibited from having financial interest in underground coal mining operation or surface coal mining and reclamation operation

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No employee of the department performing any function or duty under this part shall have a direct or indirect financial interest in any underground coal mining operation or surface coal mining and reclamation operation. The commissioner shall promulgate rules to establish methods…

Tenn. Code Ann. § 59-8-128 Effect of part on state law and authority of state agency

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(a) This part does not operate to repeal, supersede, amend, or modify any of the laws of this state relating to the pollution of the air or waters, or any environment and conservation or mining laws, or any rules promulgated pursuant to such laws, but shall be held and construed …

Tenn. Code Ann. § 59-8-129 Immediate conformance with statutes and rules — Federal permittees

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(a) Except as provided in subsection (b), irrespective of the date of issuance of a permit, all permittees shall immediately conform to any statutes enacted relative to surface coal mining and reclamation operations in this state, or rules adopted pursuant to those statutes, on t…

Tenn. Code Ann. § 59-8-130 Compliance with part by governmental entity

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Any agency, unit, or instrumentality of state, federal, or local government, including any publicly owned utility or publicly owned corporation of state, federal, or local government, that proposes to engage in exploration or mining operations that are subject to this part, shall…

Tenn. Code Ann. § 59-8-131 Prohibited discharge or discrimination of employee or representative of employees

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(a) No person shall discharge, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be fil…

Tenn. Code Ann. § 59-8-132 Coal mining protection fund

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(a) There is created a segregated account within the state treasury to be known as the “coal mining protection fund.” (b) The fund shall be administered by the commissioner. Unless otherwise provided by this part, all fees, penalties, bond forfeitures and damages collected by the…

Tenn. Code Ann. § 59-8-133 Postponement of efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations

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(a) Notwithstanding a law to the contrary, the state shall postpone efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) until…

Tenn. Code Ann. § 59-8-201 Short title

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This part shall be known and may be cited as the “Tennessee Mineral Surface Mining Law of 1972.”

Tenn. Code Ann. § 59-8-202 Part definitions

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(1) Except as otherwise required by the context, the following terms when used in this part or in regulations issued thereunder shall be construed to mean:(1) “Area affected” means the area of land from which overburden is to be or has been removed and upon which a spoil bank is …

Tenn. Code Ann. § 59-8-203 Purpose of act

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The general assembly finds that the unregulated surface mining of minerals can cause soil erosion and landslides, stream pollution, and accumulation and seepage of contaminated water; contributes to floods; impairs the value of land for agricultural or other purposes; affects fis…

Tenn. Code Ann. § 59-8-204 Powers of the commissioner

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(1) The commissioner shall exercise the following authority and powers to:(1) Administer and enforce the provisions of this part and all rules and regulations and orders promulgated thereunder;(2) Conduct or obtain investigations, research, experiments, training programs and demo…

Tenn. Code Ann. § 59-8-205 Permits, requirements and criteria — Amendment — Appeal upon failure to grant — Renewal

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(a) No operator shall engage in surface mining without having first obtained from the commissioner a permit therefor. This permit shall authorize the operator to engage in surface mining upon the area of land described in the operator's application for a period not to exceed five…

Tenn. Code Ann. § 59-8-206 Fees

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The permit shall consist of a basic fee of two hundred fifty dollars ($250) for each year of the permit, plus an additional acreage fee of twenty-five dollars ($25.00) for each acre or fraction thereof of the land affected by the operation, not to exceed two thousand five hundred…

Tenn. Code Ann. § 59-8-207 Performance bonds

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(a) The bond filed with the commissioner shall be payable to the state of Tennessee and shall be executed by the operator and a corporate surety that is approved by the commissioner and properly authorized to act as corporate surety and licensed to do business in this state; prov…

Tenn. Code Ann. § 59-8-208 Mining and reclamation plans

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(a) Each operator shall prepare and carry out a mining and reclamation plan for the area affected by the operator's operation, such plan to be submitted by the operator for the commissioner's approval with the application for a permit. Such plan shall provide for:(1) Regrading th…

Tenn. Code Ann. § 59-8-209 Revegetation plan

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(a) Each operator shall submit for the commissioner's approval and carry out after such approval a plan for preparation of the soil and subsequent revegetation of the affected area. Such plan shall take into consideration the approved after-use of the area affected and shall be d…

Tenn. Code Ann. § 59-8-210 Annual report to be filed with commissioner

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Within such time as the commissioner shall prescribe, the operator shall file with the commissioner an annual report and map under each permit, stating the number of acres of land affected by the operation, the extent of reclamation and revegetation accomplished by the operator, …

Tenn. Code Ann. § 59-8-211 Notice of noncompliance — Forfeiture of bond

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(a) If any of the requirements of this part or rules and regulations adopted pursuant thereto or the orders of the commissioner have not been complied with within the time limits set by the commissioner or by this part, the commissioner shall cause a notice of noncompliance to be…

Tenn. Code Ann. § 59-8-212 Tennessee surface mine reclamation fund — Other available funds

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All sums received through the payment of fees or the forfeiture of bonds shall be placed in the state treasury and credited to a special agency account to be designated as the Tennessee surface mine reclamation fund. This fund, appropriations for which are also authorized, shall …

Tenn. Code Ann. § 59-8-213 Utilizing services of other agencies or persons — Compensation — Funding

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(a) In the reclamation of land affected by surface mining, the commissioner may utilize any services which may be provided by other state or local agencies or by agencies of the federal government, and may compensate them for such service. The commissioner may also receive any fe…

Tenn. Code Ann. § 59-8-214 Right of access

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The designees of the commissioner and any other agency and any contractor under a contract with the commissioner shall have the right of access to the land affected to carry out reclamation.

Tenn. Code Ann. § 59-8-215 State's power to acquire land affected by surface mining

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(a) This state, acting by and through the department, shall have the power to acquire, either by negotiation or by exercise of the power of eminent domain, land which has been affected or disturbed by surface mining, which now consists of orphan banks or unreclaimed spoil piles, …

Tenn. Code Ann. § 59-8-216 Commissioner's power to effect reclamation subject to availability of funds

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The commissioner shall have the power to backfill, grade, plant and perform other acts of reclamation or contract for the performance of such reclamation work, on any lands acquired under § 59-8-215, to the extent and subject to such conditions as state or federal funds are appro…

Tenn. Code Ann. § 59-8-217 Acquisitions and disposals of land after reclamation

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(a) After the reclamation of the acquired land, the commissioner may, with the approval of the governor, transfer jurisdiction of such land, or any portion thereof, to any state agency that can best utilize such land for public purposes. If the retention of such land is determine…