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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

150 sections·Filtered byTitle 59✕

Tenn. Code Ann. § 59-1-101 Owners and operators to make annual statistical reports — Inspection of books
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(a) Every owner or operator engaged in mining, quarrying, or production of coal, cobalt, copper, fluorspar, gold, iron ores, lead, zinc, manganese, natural and other gas, petroleum, phosphate rock, platinum, silver, marble and other stone, gypsum, ocher, pyrites, clay products, s…
Tenn. Code Ann. § 59-1-102 False statements in statistical reports — Penalty
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(a) It is unlawful for any person required to furnish statistical reports to any state department to knowingly and willfully make a false statement in any detail of such reports. (b) A violation of this section is a Class C misdemeanor.
Tenn. Code Ann. § 59-1-103 Annual license required for mine operation — Posting
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(a) The owner or operator of each mine shall procure from the department of labor and workforce development a license to operate a mine, and the license shall not be transferable. Any person who assumes control of a mine, opens a new mine, or reopens an abandoned mine shall procu…
Tenn. Code Ann. § 59-1-104 License — Fee
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(a) Requests for such license shall be made to the department of labor and workforce development, giving name and address and such requests shall be accompanied by a post office money order or cashier's or certified check drawn in favor of the state treasurer in the amount of two…

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Tenn. Code Ann. § 59-1-105 Failure to obtain license

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Any owner or operator operating a mine and who fails to obtain a license as required by §§ 59-1-103 and 59-1-104 shall forfeit the right to operate a mine in this state, and the commissioner of labor and workforce development or the commissioner's designated agent shall have the …

Tenn. Code Ann. § 59-1-106 Requirements — Eligibility for a license

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To be eligible for a license under this chapter, a person must be a United States citizen or a qualified alien, as defined in § 4-58-102.

Tenn. Code Ann. § 59-4-101 Position of mine foreman — Examinations for applicants

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The commissioner of labor and workforce development or the commissioner's representative is hereby authorized to develop, conduct, and administer an examination for applicants for certificates of qualification for the position of mine foreman and to ascertain the qualifications o…

Tenn. Code Ann. § 59-4-201 Evidence of qualifications — Fees — Temporary permits

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(a) (1) Before the issuance of certificates to any applicant, the applicant must give satisfactory evidence to the commissioner of labor and workforce development or the commissioner's authorized representative of the applicant's good conduct, honesty, capability, and sobriety, a…

Tenn. Code Ann. § 59-4-202 Reports to secretary of state — Certification of applicants

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The commissioner of labor and workforce development shall report the commissioner's action to the secretary of state and shall certify to the qualifications of each applicant who satisfactorily passed the examination.

Tenn. Code Ann. § 59-4-203 Contents of certificate — Record by secretary of state

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The certificate shall contain the full name, age, social security number, and place of birth of the applicant; also the length and nature of the applicant's previous experience in and about coal and other mines; and the secretary of state shall, without cost, keep a record in the…

Tenn. Code Ann. § 59-4-204 Revocation of certificate

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(a) The commissioner of labor and workforce development or the commissioner's authorized representative may, upon a written complaint, investigate a mine foreman to whom a certificate has been issued under this chapter, and may revoke a mine foreman certificate upon a finding tha…

Tenn. Code Ann. § 59-4-205 Notice of revocation — Certification to secretary of state — Surrender of certificate — Penalty for failure to surrender

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If the certificate is revoked, the holder of such certificate and the employer of the holder shall each be notified of such revocation, and the department of labor and workforce development shall immediately certify the same to the secretary of state, who shall record the revocat…

Tenn. Code Ann. § 59-4-206 Lost certificates — Copies

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In case of the loss or destruction of a certificate, the secretary of state may supply a copy thereof to the person losing same upon the payment of fifty cents (50¢); provided, that it shall be shown to the satisfaction of the secretary of state that the loss has actually occurre…

Tenn. Code Ann. § 59-4-207 Penalty for forging or falsifying certificates

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Any person who forges or counterfeits a certificate, or knowingly makes or causes to be made any false statement in any certificate or in any official copy of the same, or urges and influences others to do so, or utters or uses any such false certificate or unofficial copy thereo…

Tenn. Code Ann. § 59-4-208 Registration and certification requirements for mine foremen

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(a) (1) It is unlawful for any person to act as mine foreman unless the person is registered as holder of a certificate of competency as required by this chapter.(2) It is unlawful for an individual, partnership, firm, or corporation operating a mine or mines in this state to emp…

Tenn. Code Ann. § 59-4-209 Requirements — Certificate eligibility

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To be eligible for a certificate under this chapter, a person must be a United States citizen or a qualified alien, as defined in § 4-58-102.

Tenn. Code Ann. § 59-4-301 Qualifications and duties of mine foreman — Penalty for failure to comply with laws

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(a) In order to protect the health and safety of persons employed in or around mines and the mine property, the operator or superintendent shall employ a competent and practical overseer of each and every mine whose title shall be “mine foreman.” (b) The foreman shall be certifie…

Tenn. Code Ann. § 59-4-302 Mine foreman is agent or representative of operator or owner

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The mine foreman is expressly declared to be the agent or representative of the operator or owner of the mine in the discharge of the duties required of such foreman by this title.

Tenn. Code Ann. § 59-4-303 Foreman to give notice of accidental death — Inquest — Notice of fire or explosion

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Whenever loss of life occurs by accident or explosion, the superintendent or foreman in charge shall give immediate notice to the department of labor and workforce development and to the coroner of the county in which the mine is situated. The coroner shall hold an inquest upon t…

Tenn. Code Ann. § 59-4-401 Reports required of owners, superintendents or foremen

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(1) It is the further duty of every owner, lessee of any coal lands, superintendent, or foreman to report the facts in the following cases promptly, to the department of labor and workforce development:(1) Any change in the name of any mine or any owner, agent, manager, superinte…

Tenn. Code Ann. § 59-4-402 Rules and regulations

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The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this chapter and chapter 12 of this title. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Tenn. Code Ann. § 59-4-403 Mine safety training programs — Fee

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The department of labor and workforce development is authorized to organize and conduct mine safety training programs for the mining industry in Tennessee. The department is authorized to charge a fee sufficient to defray the costs of administering this chapter, but not to exceed…

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…

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 …