Chapter 1
Chief and District Mine Inspectors

59-1-101. Owners and operators to make annual statistical reports — Inspection of books.

  1. 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, slate or other minerals, or engaged in the manufacture of coke, coal tar, gas, pig iron, ammonium sulphate, gas coke, Portland and other natural cements and all other by-products of any other mineral produced in this state, shall on or before February 15 of each year make out and send to the department of labor and workforce development on a form prescribed by the division a detailed annual report giving statistics and information concerning the output of mines or plants or other business, the tonnage or man hours for mines that do not measure tons mined, number of employees, and the estimated number of days worked.
  2. It is a Class C misdemeanor for any person to fail or refuse to furnish the department any and all information called for in the annual report as above provided for each day of delay, any fine to go to this state. It is the duty of the commissioner of labor and workforce development or the commissioner's designated representative to report such failure to the district attorney general of the district where the mine, quarry, plant, or other work is situated; and in the event of the failure to furnish such information, it shall be the duty of the commissioner or the commissioner's designated representative to call upon such persons and inspect such books and records as will give the information above provided for; and such person shall be required to permit examination of all necessary books or records.

Acts 1915, ch. 169, § 7; Shan., § 3079a78; Code 1932, § 5562; modified; T.C.A. (orig. ed.), § 58-113; Acts 1985, ch. 288, §§ 43-47; 1989, ch. 591, § 113; 1999, ch. 520, § 43; 2016, ch. 599, § 7; 2017, ch. 356, § 1; T.C.A. § 59-1-113.

Code Commission Notes.

This section was renumbered from § 59-1-113 to § 59-1-101 by authority of the Code Commission in 2018.

Compiler’s Notes. Acts 2016, ch. 599, § 7, provided that references to the elevator division, division of mines, labor standards division, and division of boiler and elevator inspection, are to be changed to the department of labor and workforce development as sections are amended and volumes are replaced.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

59-1-102. False statements in statistical reports — Penalty.

  1. 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.
  2. A violation of this section is a Class C misdemeanor.

Acts 1953, ch. 86, §§ 94, 95 (Williams, §§ 5638.94, 5638.95); T.C.A. (orig. ed.), § 58-114; Acts 1989, ch. 591, § 113; T.C.A. § 59-1-114.

Code Commission Notes.

This section was renumbered from § 59-1-114 to § 59-1-102 by authority of the Code Commission in 2018.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

59-1-103. Annual license required for mine operation — Posting.

  1. 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 procure a license to operate the mine before mining operations are begun. All licenses are valid for one (1) year from the date of issuance and shall be renewed annually.
  2. The license shall be in such printed form as the department of labor and workforce development may prescribe and when issued shall be kept posted at a conspicuous place near the main entrance of the mine.

Acts 1955, ch. 238, § 3; T.C.A., § 58-115; Acts 1985, ch. 288, § 2; 1986, ch. 557, § 1; 1999, ch. 520, § 43; 2016, ch. 599, § 7; T.C.A. § 59-1-115.

Code Commission Notes.

This section was renumbered from § 59-1-115 to § 59-1-103 by authority of the Code Commission in 2018.

Compiler’s Notes.  Acts 2016, ch. 599, § 7, provided that references to the elevator division, division of mines, labor standards division, and division of boiler and elevator inspection, are to be changed to the department of labor and workforce development as sections are amended and volumes are replaced.

59-1-104. License — Fee.

  1. 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 hundred fifty dollars ($250) for each surface coal or metal mine and five hundred dollars ($500) for each underground coal or metal mine. All funds derived from this section shall be expendable receipts of the department, shall be in addition to the appropriations made to the department by the general assembly, and shall not revert to the general fund at the end of a fiscal year or biennium.
  2. Notwithstanding subsection (a), the commissioner of labor and workforce development shall increase the amount of the license fees charged under this section to the extent necessary to offset the reduction of the department's appropriation for mine licensing operations under the general appropriations act for fiscal year 2000-2001.

Acts 1955, ch. 238, § 3; 1957, ch. 253, §§ 1, 2; 1972, ch. 458, § 1; 1979, ch. 368, § 7; T.C.A., § 58-116; Acts 1985, ch. 288, §§ 3, 4; 1999, ch. 520, § 43; 2000, ch. 983, § 3; 2005, ch. 407, § 3; 2016, ch. 599, § 7; T.C.A. § 59-1-116.

Code Commission Notes.

This section was renumbered from § 59-1-116 to § 59-1-104 by authority of the Code Commission in 2018.

Compiler’s Notes. Acts 2016, ch. 599, § 7, provided that references to the elevator division, division of mines, labor standards division, and division of boiler and elevator inspection, are to be changed to the department of labor and workforce development as sections are amended and volumes are replaced.

59-1-105. Failure to obtain license.

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 authority to close the mine until the license is obtained as provided for by those sections.

Acts 1955, ch. 238, § 3; T.C.A., § 58-117; Acts 1985, ch. 288, § 5; 1999, ch. 520, § 43; T.C.A. § 59-1-117.

Code Commission Notes.

This section was renumbered from § 59-1-117 to § 59-1-105 by authority of the Code Commission in 2018.

Chapters 2, 3
[Reserved]

Chapter 4
Certification and Duties of Mine Employees

Part 1
Examinations

59-4-101. Position of mine foreman — Examinations for applicants.

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 of such applicants.

Acts 1915, ch. 169, § 13; Shan., § 3079a99; Code 1932, § 5582; Acts 1949, ch. 190, § 5; mod. C. Supp. 1950, § 5582; Acts 1953, ch. 86, § 22 (Williams, §§ 5582, 5638.22); Acts 1959, ch. 9, § 15; T.C.A. (orig. ed.), § 58-401; Acts 1985, ch. 288, § 19; 1992, ch. 574, § 2; 1999, ch. 520, § 43.

Law Reviews.

Administrative Law — 1959 Tennessee Survey (Harold Seligman), 12 Vand. L. Rev. 1057.

Part 2
Certification

59-4-201. Evidence of qualifications — Fees — Temporary permits.

    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, and shall pay the commissioner or the commissioner's authorized representative for the use and benefit of the state the following fees:
      1. For conducting the examination (to be paid when examination is held) twenty-five dollars ($25.00); and
      2. For issuance and registration of the certificates, twenty-five dollars ($25.00) to be paid when issued.
    2. All fees collected by virtue of this section shall be reported and paid into the state treasury at the end of the month during which the collections are made by the commissioner or the commissioner's authorized representative, to be placed to the credit of the department of labor and workforce development.
  1. The commissioner or the commissioner's designee may examine any applicant for a temporary certificate of qualifications, upon request, and if such applicant is found to be competent, the applicant may be issued a temporary permit to act as mine foreman thereunder until the next mine foreman examination is held, when the temporary permit shall expire. Only one (1) such temporary permit shall be issued to any applicant. As a condition for the issuance of a temporary permit, the commissioner or the commissioner's authorized representative is authorized to examine applicants to determine if they are qualified to test for methane with an approved detector.

Acts 1915, ch. 169, § 14; Shan., § 3079a106; mod. Code 1932, § 5589; Acts 1953, ch. 86, § 29 (Williams, §§ 5589, 5638.29); Acts 1955, ch. 238, § 6; 1971, ch. 38, § 1; 1972, ch. 458, § 2; T.C.A. (orig. ed.), § 58-404; Acts 1985, ch. 288, §§ 23-25; 1992, ch. 574, §§ 4, 5; 1999, ch. 520, § 43; 2000, ch. 810, § 1; 2016, ch. 599, § 7.

Compiler’s Notes. Acts 2016, ch. 599, § 7, provided that references to the elevator division, division of mines, labor standards division, and division of boiler and elevator inspection, are to be changed to the department of labor and workforce development as sections are amended and volumes are replaced.

59-4-202. Reports to secretary of state — Certification of applicants.

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.

Acts 1915, ch. 169, § 13; Shan., § 3079a102; Code 1932, § 5585; Acts 1953, ch. 86, § 25 (Williams, §§ 5585, 5638.25); T.C.A. (orig. ed.), § 58-405; Acts 1992, ch. 574, § 6; 1999, ch. 520, § 43.

59-4-203. Contents of certificate — Record by secretary of state.

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 secretary of state's office of all certificates issued.

Acts 1915, ch. 169, § 14; Shan., § 3079a105; Code 1932, § 5588; Acts 1953, ch. 86, § 28 (Williams, §§ 5588, 5638.28); T.C.A. (orig. ed.), § 58-406; Acts 1985, ch. 288, § 26.

59-4-204. Revocation of certificate.

  1. 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 that the holder has been guilty of incompetence in the performance of the holder's duties or for any cause for which issuance of a certificate could have been refused had it been known to the commissioner or the commissioner's authorized representative at the time of issuance; provided, that a holder of a certificate shall be given ten (10) days notice from the commissioner or the commissioner's authorized representative to appear before the commissioner or the commissioner's authorized representative to show cause why such certificate should not be revoked.
  2. The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs the conduct of all proceedings before the commissioner or the commissioner's authorized representative in the revocation of mine foreman certificates.

Acts 1915, ch. 13, § 4; 1915, ch. 169, § 13; Shan., § 3079a103; Code 1932, § 5586; Acts 1953, ch. 86, § 26 (Williams, §§ 5586, 5638.26); T.C.A. (orig. ed.), § 58-407; Acts 1985, ch. 288, § 27; 1992, ch. 574, §§ 7, 8; 1999, ch. 520, § 43.

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

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 revocation upon a book containing copies of certificates issued, and the holder of the certificate shall immediately surrender the revoked certificate to the department of labor and workforce development, to be turned over to the secretary of state for cancellation. A holder of a revoked certificate who fails or refuses to surrender it is guilty of a Class C misdemeanor.

Acts 1915, ch. 169, § 13; Shan., § 3079a104; mod. Code 1932, § 5587; Acts 1953, ch. 86, § 27 (Williams, §§ 5587, 5638.27); T.C.A. (orig. ed.), § 58-408; Acts 1985, ch. 288, §§ 28, 29; 1989, ch. 591, § 113; 2016, ch. 599, § 7.

Compiler’s Notes. Acts 2016, ch. 599, § 7, provided that references to the elevator division, division of mines, labor standards division, and division of boiler and elevator inspection, are to be changed to the department of labor and workforce development as sections are amended and volumes are replaced.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

59-4-206. Lost certificates — Copies.

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 occurred and the loser was a holder of such certificate.

Acts 1915, ch. 169, § 16; Shan., § 3079a108; mod. Code 1932, § 5591; Acts 1953, ch. 86, § 30 (Williams, §§ 5591, 5638.30); T.C.A., (orig. ed.), § 58-409.

59-4-207. Penalty for forging or falsifying certificates.

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 thereof, or makes, gives, utters, produces, or makes use of any false declaration, representation, or statement in any such certificate or copy thereof, or any document containing same, is guilty of a Class C misdemeanor.

Acts 1915, ch. 169, § 17; Shan., § 3079a109; Code 1932, § 5592; Acts 1953, ch. 86, § 31 (Williams §§ 5592, 5638.31); T.C.A. (orig. ed.), § 58-410; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

59-4-208. Registration and certification requirements for mine foremen.

    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 employ any person in the capacity of mine foreman unless the person is registered as a holder of such certificate of competency.
    1. Each mine foreman employed at an underground coal mine shall possess a Class “A” mine foreman certificate.
    2. Each mine foreman employed at an open pit mine, metal mine, or preparation plant shall possess a Class “C” mine foreman certificate.

Acts 1915, ch. 169, §§ 12, 15, 18; Shan., §§ 3079a98, 3079a107, 3079a110; Code 1932, §§ 5581, 5590, 5593; Acts 1947, ch. 217, § 2; C. Supp. 1950, § 5581; Acts 1951, ch. 245, § 12 (Williams, § 5551); Acts 1953, ch. 86, § 14 (Williams, § 5638.14); modified; T.C.A. (orig. ed.), § 58-411; Acts 1985, ch. 288, § 30.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mines and Minerals, § 5.

Part 3
Mine Foremen

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

  1. 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.”
  2. The foreman shall be certified as hereinbefore required in this chapter, and shall see that the applicable federal and state safety and health standards, regulations, and laws are complied with. Where it is necessary that the mine foreman be temporarily absent from the mine, the foreman shall place the mine in charge of a qualified assistant during such absence.
    1. As used in this section:
      1. “Mining site” means all mines and the surrounding property used in mining operations; and
      2. “Qualified assistant” means a person who is designated by the owner or operator to ensure that all legal, safety, and compliance standards are enforced.
    2. A qualified assistant shall have the ability, training, knowledge, and experience to ensure compliance with all legally imposed safety standards.
    3. A qualified assistant must be able to effectively communicate legally imposed safety standards to all persons present at the mining site.
    4. A qualified assistant shall have the same authority as the foreman when the foreman is not present at the mining site.
    5. A qualified assistant shall not be considered an agent or representative of the owner or operator for the purposes of § 59-4-302.
    6. More than one (1) person may be designated as a qualified assistant, if circumstances or logistics related to the mining site so require.
      1. The designation by the owner or operator of a qualified assistant shall be in writing and specify the beginning and end dates of the designation.
      2. The written designation required under subdivision (c)(7)(A) shall be prominently displayed at the office of the foreman on site, or displayed in such a manner that persons present at the mining site have actual notice of the designation.
  3. Failure of the mine foreman to comply with the duties set forth herein is a Class B misdemeanor.

Acts 1915, ch. 169, § 19; Shan., §§ 3079a111, 3079a118; Code 1932, §§ 5594, 5601; Acts 1949, ch. 190, § 6; C. Supp. 1950, § 5594; Acts 1951, ch. 245, § 13 (Williams, § 5552); Acts 1953, ch. 86, § 15 (Williams, § 5638.15); T.C.A. (orig. ed.), § 58-412; Acts 1985, ch. 288, §§ 31, 32; 1989, ch. 591, § 112; 2017, ch. 356, § 2.

Cross-References. Penalty for Class B misdemeanor, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mines and Minerals, § 5.

59-4-302. Mine foreman is agent or representative of operator or owner.

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.

Acts 1915, ch. 169, § 19; Shan., § 3079a117; Code 1932, § 5600; Acts 1953, ch. 86, § 32 (Williams, §§ 5600, 5638.32); T.C.A. (orig. ed.), § 58-413.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mines and Minerals, § 5.

NOTES TO DECISIONS

1. Constitutionality.

This section is not unconstitutional as depriving the owner of his property without due process of law. Ducktown Sulphur, Copper & Iron Co. v. Galloway, 262 F. 669, 1920 U.S. App. LEXIS 1593 (6th Cir. Tenn. 1920).

2. Mine Owner and Foreman Relationship.

Notwithstanding the restrictions placed upon the owner in the selection of his mine foreman, the latter is to be considered the employee of the owner or operator, and the doctrine of respondeat superior applies in case miner is injured by reason of the foreman's negligence. Ducktown Sulphur, Copper & Iron Co. v. Galloway, 262 F. 669, 1920 U.S. App. LEXIS 1593 (6th Cir. Tenn. 1920).

The argument that the foreman is required to give all his time to his statutory duties, and that, since he would have no time remaining for performance of duties directed by the owner or operator, it must be assumed that he is subject to no such duties, and since the owner cannot control the foreman in his statutory duties, the owner has no power to control the foreman at all, and that therefore the former cannot be held liable for the latter's acts under the doctrine of respondeat superior, is not controlling as against the provisions of § 59-4-302 making the foreman the owner's agent. Ducktown Sulphur, Copper & Iron Co. v. Galloway, 262 F. 669, 1920 U.S. App. LEXIS 1593 (6th Cir. Tenn. 1920).

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

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 the body of the person whose death has been caused, and inquire carefully into the cause thereof, and shall return the findings and all testimony to the department. The company shall immediately notify the department upon the discovery of fire or explosion in any mine.

Acts 1915, ch. 169, § 24; Shan., § 3079a139; Acts 1917, ch. 111; Code 1932, § 5622; Acts 1943, ch. 143, § 1; C. Supp. 1950, § 5622; Acts 1953, ch. 86, § 18 (Williams, §§ 5622, 5638.18); T.C.A. (orig. ed.), § 58-414; Acts 1985, ch. 288, §§ 33-35; 2016, ch. 599, § 7.

Compiler’s Notes. Acts 2016, ch. 599, § 7, provided that references from the elevator division, division of mines, labor standards division, and division of boiler and elevator inspection, are to be changed to the department of labor and workforce development as sections are amended and volumes are replaced.

Part 4
Miscellaneous Provisions

59-4-401. Reports required of owners, superintendents or foremen.

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, superintendent, foreman (including, in the case of commercial coal mines, any change in assistant foreman or the officers of any company) which owns and operates a mine in this state;
  2. Any working commenced for the purpose of opening a new shaft, slope, or mine;
  3. Where any mine is abandoned or the working thereof is discontinued indefinitely;
  4. Where the working of any mine is recommenced after any abandonment or discontinuance for a period of two (2) months;
  5. Every lost-time accident in a mine other than a commercial coal mine, whether it results in death or not; and
  6. Every accident of any nature to a person in a commercial coal mine, whether it results in death or not.

Acts 1915, ch. 169, § 24; 1917, ch. 111; Shan., § 3079a141; Code 1932, § 5624; Acts 1951, ch. 245, § 16 (Williams, § 5555); Acts 1953, ch. 86, § 16 (Williams, § 5638.16); modified; T.C.A. (orig. ed.), § 58-415; Acts 1985, ch. 288, §§ 36-38; 2016, ch. 599, § 7.

Compiler’s Notes. Acts 2016, ch. 599, § 7, provided that references to the elevator division, division of mines, labor standards division, and division of boiler and elevator inspection, are to be changed to the department of labor and workforce development as sections are amended and volumes are replaced.

59-4-402. Rules and regulations.

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.

Acts 1992, ch. 574, § 9.

59-4-403. Mine safety training programs — Fee.

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 three hundred fifty dollars ($350) for each training class consisting of up to ten (10) participants and fifteen dollars ($15.00) per additional participant.

Acts 2000, ch. 810, § 2.

Part 1
Primacy and Reclamation Act of Tennessee [Contingent effective date, see Compiler's Notes.]

59-8-101. Short title. [Contingent effective date, see Compiler's Notes.]

This part shall be known and may be cited as the “Primacy and Reclamation Act of Tennessee.”

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-102. Part definitions. [Contingent effective date, see Compiler's Notes.]

As used in this part, unless the context otherwise requires:

  1. “Affected area”:
    1. Means any land or water surface area that is used to facilitate, or is physically altered by, coal surface mining and reclamation operations; and
    2. Includes:
      1. The disturbed area;
      2. Any area upon which coal surface mining and reclamation operations are conducted;
      3. Any adjacent lands, the use of which is incidental to coal surface mining and reclamation operations;
      4. All areas covered by new or existing roads used to gain access to, or for hauling coal to or from, coal surface mining and reclamation operations, unless the road is a maintained public road;
      5. Any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, or shipping areas;
      6. Any areas upon which are sited structures, facilities, or other property or materials on the surface resulting from, or incidental to, coal surface mining and reclamation operations; and
      7. The area located above underground workings;
  2. “Approximate original contour” means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining, and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated;
  3. “Board” means the Tennessee board of energy and natural resources, established by § 69-3-104;
  4. “Commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several states or between a state and any other place outside it, or between points in the same state which directly or indirectly affect interstate commerce;
  5. “Commissioner” means the commissioner of environment and conservation or the commissioner's designee;
  6. “Department” means the department of environment and conservation;
  7. “Imminent danger to the health and safety of the public” means the existence of any condition or practice, or any violation of a permit or other requirement of this part in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation could be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement;
  8. “Locality” means the county where all or the majority of a surface coal mining and reclamation operation is located;
  9. “Office” means the office of surface mining reclamation and enforcement, established by the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201, et seq.);
  10. “Operator” means any person, partnership, or corporation engaged in surface coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by surface coal mining within twelve (12) consecutive months in any one (1) location;
  11. “Permit” means a permit to conduct surface coal mining and reclamation operations issued by the commissioner;
  12. “Permit applicant” or “applicant” means a person applying for a permit;
  13. “Permit area” means the area of land indicated on the approved map submitted by the permit applicant with the applicant's application, which area of land is covered by the operator's bond as required by this part;
  14. “Permittee” means a person holding a permit;
  15. “Person”:
    1. Means an individual, partnership, association, society, governmental agency or entity, joint stock company, firm, company, corporation, or other business organization; and
    2. Does not mean the board, department, and their officials and employees acting in their official capacity;
  16. “Prime farmland” has the same meaning as that previously prescribed by the secretary of agriculture on the basis of such factors as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding, and erosion characteristics; which historically has been used for intensive agricultural purposes; and as published in 7 CFR 657.5;
  17. “Reclamation plan” means a plan submitted by an applicant for a permit under § 59-8-109, that sets forth a plan for reclamation of the proposed surface coal mining and reclamation operations;
  18. “Secretary” means the secretary of the interior;
  19. “Spoil bank” means the overburden as it is piled or deposited in the process of mining;
  20. “Surface coal mining and reclamation operations” means surface coal mining operations and all activities necessary and incidental to the reclamation of surface coal mining operations occurring on and after the effective date of this part [see the Compiler's Notes];
  21. “Surface coal mining operations” means:
      1. (a)  Activities conducted on the surface of lands in connection with a surface coal mine; or
      2. The activities:

Surface operations and surface impacts incident to an underground coal mine that are subject to § 59-8-111;

  1. Include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, cross ridge, box cut, open pit, and area mining; the uses of explosives and blasting; and in situ distillation or retorting, leaching, or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation, loading of coal for interstate commerce at or near the mine site; and
  2. Do not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (16 2/3%) of the tonnage of minerals removed for purposes of commercial use or sale or coal explorations subject to § 59-8-105; and

The areas upon which the activities described in subdivision (21)(A) occur or where the activities disturb the natural land surface. “Areas” include:

Any adjacent land, the use of which is incidental to any of the activities described in subdivision (21)(A);

All lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of any of the activities described in subdivision (21)(A) and for haulage; however, maintained public roads are not “areas”; and

Excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to any of the activities described in subdivision (21)(A); and

“Unwarranted failure to comply” means the failure of a person, operator, or permittee to prevent the occurrence of any violation of a permit or any requirement of this part due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of a permit or this part due to indifference, lack of diligence, or lack of reasonable care.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-103. Powers of commissioner and board. [Contingent effective date, see Compiler's Notes.]

    1. The commissioner shall:
      1. Administer and enforce this part and rules, permits, and orders promulgated or issued under this part;
      2. Conduct and obtain investigations, research, experiments, training programs, and demonstrations; and collect and disseminate information relating to exploration, surface mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface mining for coal;
      3. Issue notices of violations, cease and desist orders, or other orders as authorized by this part, in the office or on-site, requiring the adoption by a person, operator, or permittee of remedial measures necessary for carrying out this part or permits issued under this part;
      4. Examine and either approve, modify, or disapprove applications for permits, maps, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by applicants;
      5. Make investigations and inspections that are necessary to ensure compliance with this part, with the authority to enter at any time upon a suspected or affected area for investigations and inspections and the right of ingress and egress across intervening properties;
      6. Employ and commission qualified individuals as surface mine reclamation personnel; provided, when properly qualified and commissioned, surface mine reclamation personnel shall enforce all laws, rules, permits, and orders administered by the department, including, but not limited to, authorization to serve process; and
      7. Establish a process whereby a single set of forms and information, submitted in multiple copies to the division of water resources and the commissioner under § 59-8-106(a), shall contain sufficient mutually needed information to serve as a basic application for the permits issued by the division and the commissioner; provided, the evaluation of applications is made cooperatively, and decisions to grant or deny the permits are made simultaneously.
    2. The commissioner may:
      1. To the extent permitted by federal law and regulations, grant a continuation of an existing permit for a maximum of sixty (60) days in order for the operator to complete the mining phases of the operation;
      2. Enter into contracts or other agreements for reclamation of sites pursuant to this chapter, or to otherwise further the purposes of this part;
      3. In addition to the powers authorized to the commissioner under § 59-8-326, expend or cause to be expended money from the Tennessee surface mine reclamation fund, created by § 59-8-326, for purposes of this chapter; and
      4. Permit water impoundments when the commissioner determines that the water impoundments are in compliance with this part.
  1. The board shall:
      1. Promulgate rules to effectuate this part. The rules may take proper account of mining conditions and practices in this state and differences in topography, geology, and soil conditions, and established use patterns of neighboring lands as recognized by local or state planning agencies;
      2. Within ninety (90) days after the effective date of this part [see the Compiler's Notes], promulgate emergency rules that conform to the corresponding federal regulations promulgated under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201, et seq.);
      3. Within sixty (60) days of the promulgation, amendment, modification, repeal, or determination of invalidity of any federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201, et seq.), promulgate rules to conform the board's rules to the current federal regulation;
      4. Use emergency rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to promulgate any of the rules required by subdivisions (b)(1)(A)-(C). Prior to the expiration of rules promulgated as emergency rules, the board shall promulgate permanent rules in accordance with title 4, chapter 5, part 2; and
      5. Unless otherwise specifically authorized by this part, not promulgate a rule under this subdivision (b)(1) that imposes a requirement that is more restrictive than, or inconsistent with, any existing federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977. In any year in which the board has not promulgated rules that are substantively similar to the corresponding federal regulations because a provision of this part is more stringent than the Surface Mining Control and Reclamation Act of 1977, the board shall make a written report that identifies any state or federal law that conflicts with the pertinent state rules or federal regulations to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate prior to January 1 of the immediately succeeding year;
    1. Promulgate rules under subdivision (b)(1) for the establishment of standards for acceptable mining and reclamation of affected areas; provided, the rules are designed to achieve soil stabilization, control soil erosion, obliterate the scars of the mining operation, ensure quick revegetation, and ensure that the operation meets applicable soil and water quality standards;
    2. To the extent permitted by federal law and regulations, promulgate rules for the establishment of a process whereby the commissioner may grant a continuation of an existing permit under subdivision (a)(2)(A); and
    3. Hear appeals consistent with § 59-8-120 from mineral rights owners, permittees, operators, property owners, or other aggrieved persons who are or may be adversely affected by orders, determinations, rules, permit terms, or rulings of the commissioner that in any way affect surface coal mining and reclamation operations in this state.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-104. Additional powers of commissioner. [Contingent effective date, see Compiler's Notes.]

  1. In addition to the powers authorized to the commissioner under § 59-8-326, the commissioner may expend monies from the Tennessee surface mine reclamation fund, created by § 59-8-326, for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of surface coal mining practices, on eligible lands, if the commissioner finds that:
    1. An emergency exists constituting a danger to the public health, safety, or general welfare; and
    2. No other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effect of surface coal mining practices.
    1. The commissioner may enter upon any land where an emergency as described in subsection (a) exists, and upon any other land, to have access to the land where the emergency exists; to restore, reclaim, abate, control, or prevent the adverse effects of surface coal mining practices; and to do all things necessary to protect the public health, safety, or general welfare.
    2. An entry made under this subsection (b) is an exercise of the police power, and is not an act of condemnation of property nor of trespass.
    3. The money expended for the commissioner's work and the benefits accruing to the land shall mitigate or offset any claim in or any action brought by any owner of any interest in the land for alleged damages by virtue of the entry. This subdivision (b)(3) does not create new rights of action or eliminate existing immunities.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-105. Coal exploration operations and activities. [Contingent effective date, see Compiler's Notes.]

    1. Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules promulgated by the board under § 59-8-103(b)(1).
    2. The rules for coal exploration operations shall include:
      1. A requirement that prior to conducting any coal exploration, a person shall file a notice of intention to explore with the commissioner, which shall include a description of the exploration area and the period of supposed exploration; and
      2. A requirement for reclamation, in accordance with the performance standards in § 59-8-110, of all lands disturbed in exploration, including excavations, roads, and drill holes, and the removal of necessary facilities and equipment.
    3. Coal exploration operations shall not begin until:
      1. Twenty-one (21) days after the person files a notice of intention to explore with the commissioner; and
      2. The person filing the notice of intention to explore files with the commissioner a performance bond in the amount of five hundred dollars ($500) per acre disturbed by the coal exploration operations, payable to this state and conditioned upon the faithful performance of reclamation in accordance with the notice of intention and the performance standards in § 59-8-110. The performance bond shall be released immediately upon inspection and completion of initial reclamation in accordance with the notice of intention and the performance standards in § 59-8-110, without regard to the time or other requirements in § 59-8-115. If the notice of intention to explore is deficient, the department shall inform the person who filed the notice of the deficiency within twenty-one (21) days of the date that the notice was filed with the department.
  1. Any person who conducts any coal exploration activities that substantially disturb the natural land surface in violation of this part is subject to the penalties in § 59-8-117.
  2. No person shall remove more than twenty-five (25) tons of coal under the authority of exploration activities without obtaining a coal exploration permit from the commissioner pursuant to rules promulgated by the board under § 59-8-103(b)(1).
  3. Information submitted to the department and the commissioner pursuant to this section as confidential trade secrets or privileged commercial or financial information, which relates to the competitive rights of the person or entity intended to explore the described area, shall not be available for public examination under title 10, chapter 7.
    1. The commissioner shall notify a person who files a notice of intention to explore with the department that the proposed exploration shall not occur if the commissioner makes a written finding of fact and delivers the finding to the person who filed the notice of intention to explore during the twenty-one-day period after the notice of intention to explore is filed with the department that the proposed exploration will either:
      1. Be conducted on an environmentally fragile area and cause significant environmental harm; or
      2. Cause irreparable environmental harm.
      1. If the commissioner does not permit exploration under subdivision (e)(1), the person filing the notice of intention to explore shall have the right to appeal the commissioner's decision to the board and the board shall hold a hearing within thirty (30) days of receipt of the appeal.
      2. The commissioner shall bear the burden of proof at an appeal hearing.
      3. The board shall render its decision concerning an appeal within ten (10) days of the hearing.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Cross-References. Confidentiality of public records, § 10-7-504.

59-8-106. Permits for surface coal mining and reclamation activities. [Contingent effective date, see Compiler's Notes.]

    1. No person shall engage in surface coal mining and reclamation operations without having first obtained from the commissioner a permit for each surface mine. All permits issued under this part shall be issued for a term not to exceed five (5) years; however, if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation, and if the application is full and complete for a specified longer term, the commissioner may issue a permit for the longer term. The commissioner shall issue a permit for a term longer than five (5) years only if the requirements of this part are satisfied, and only upon the submission by the applicant and approval by the commissioner of a bond, permit fee, and acreage fees for all acres permitted, a mining and reclamation plan, and any other information required by this part.
    2. A successor in interest to a permittee who submits a complete application for a new permit within thirty (30) days of succeeding to the interest, and who is able to obtain the bond coverage of the original permittee may, with the written approval of the commissioner, continue using the surface mining and reclamation plan of the original permittee until the successor's application for a new permit and plan is granted or denied, not to exceed the termination date of the original permit.
  1. The issuance of permits shall be subject to payment of the fee, posting the performance bond required by this part, and submission to the department of any information that is necessary to assure compliance with this part as prescribed in the rules promulgated by the board under § 59-8-103(b)(1).
  2. Information pertaining to coal seams, test borings, core samplings, or soil samples required by this section shall be made available to any person with an interest that is or may be adversely affected; however, information that pertains only to the analysis of the chemical and physical properties of the coal, except that information regarding any mineral or elemental content, which is potentially toxic in the environment, shall be kept confidential and not made a matter of public record under title 10, chapter 7.
  3. Each applicant for a surface coal mining and reclamation operation permit shall submit a reclamation plan that meets the requirements of § 59-8-109, to the commissioner as part of the permit application. The board shall specify in rules promulgated under § 59-8-103(b)(1), the requirements for the contents, processing, and publication of an application.
  4. Within five (5) days of submitting an application for a coal surface mining permit to the commissioner, the applicant shall file a complete copy of the application for public inspection with the register of deeds of the county, or an appropriate public office approved by the commissioner, in the locality where the mining is proposed to occur, except for information pertaining to the coal itself.
  5. Each applicant for a coal surface mining and reclamation permit shall submit, as part of the permit application, a blasting plan that outlines the procedures and standards by which the applicant will meet the requirements of this part.
  6. Each applicant for a coal surface mining permit shall submit, as part of the permit application, a certificate issued by an insurance company authorized to do business in this state, certifying that the applicant has a public liability insurance policy in force for the surface mining and reclamation operation for which the permit is sought, or evidence that the applicant is self-insured. The public liability insurance policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons damaged as a result of surface mining and reclamation operations, including the use of explosives. The policy shall be maintained in full force and effect during the terms of the permit or any renewal period, including the length of all reclamation operations.
  7. The holder of a valid permit issued under this part may apply to continue the operation beyond the original permit expiration date by submitting a renewal application at least one hundred twenty (120) days prior to the expiration date of the permit. The time length of a permit renewal shall not exceed the time length of the original permit.
  8. In any case when the private mineral estate has been severed from the private surface estate, the applicant for a permit shall submit one (1) of the following to the commissioner:
    1. The written consent of the surface owner to the extraction of coal by surface mining methods;
    2. A copy of a conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or
    3. If the conveyance does not expressly grant the right to extract coal by surface mining methods, the surface-subsurface legal relationship shall be determined in accordance with the laws of this state. Nothing in this part authorizes the commissioner or board to adjudicate property right disputes.
    1. Any operator who is a permittee may subcontract any part, or all, of the mining of the lands covered by the permit to a subcontractor if the subcontractor is not in violation of this part with regard to the subcontractor's own operations, or if the subcontractor submits proof that any violation by the subcontractor has been corrected or is in the process of being corrected to the satisfaction of the commissioner, department, or agency that has jurisdiction over the violation.
    2. If, after an opportunity for a hearing, the commissioner makes a finding that the subcontractor controls or has controlled mining operations with a demonstrated pattern of knowing violations of this part of a nature and duration, or with resulting irreparable damage to the environment that indicates an intent not to comply with this part, the operator shall not subcontract any part of the mining operation to the subcontractor.
  9. An applicant for a permit shall publish an advertisement in a newspaper of general circulation in the locality of the proposed site, which identifies the ownership, the exact location, and boundaries of the proposed site specifically enough that the proposed operation can be readily located by nearby residents, and the location of the place where the application is available for public inspection. The advertisement shall be published at least once a week for four (4) successive weeks after the filing of an administratively complete application and shall appear in the form and contain the information that is required by the rules promulgated by the board under § 59-8-103(b)(1).
  10. The board may, by rules promulgated under § 59-8-103(b)(1), set criteria for obtaining a permit exemption for the following:
    1. Extraction of coal as an incidental part of federal, state, or local government financed highway or other construction; or
    2. Construction operations involving less than one (1) acre in disturbance where coal removal is incidental to the purpose of the construction and not inconsistent with this part.
  11. The commissioner shall make an on-the-ground inspection of a proposed affected area before a new permit is issued; however, an inspection shall not be required for the renewal of any permit.
  12. The applicant shall submit to the commissioner the name, permanent address, and any temporary address to be used in connection with the operation covered by the permit, in addition to the telephone number of any subcontractor to be used in the mining operation.
  13. The permit area shall be readily identifiable by appropriate markers on the site.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Cross-References. Confidentiality of public records, § 10-7-504.

59-8-107. Permit and acreage fees. [Contingent effective date, see Compiler's Notes.]

      1. Subject to the exemptions in subsection (b), every application for a surface coal mining and reclamation operation permit or an underground coal mining permit shall be accompanied by a basic application fee and an acreage fee.
      2. The basic application fee shall be:
        1. For a new permit, three thousand eight hundred fifty dollars ($3,850);
        2. For a permit revision that proposes significant alterations, two thousand dollars ($2,000);
        3. For a permit revision that does not propose significant alterations, seven hundred fifty dollars ($750);
        4. For a permit renewal, five hundred dollars ($500);
        5. For a successor's permit, three hundred fifty dollars ($350); and
        6. For an exploration permit, one thousand dollars ($1,000).
      3. The acreage fee shall be paid annually as prescribed in rules promulgated by the board under § 59-8-103(b)(1). The amount of the acreage fee shall be:
        1. For a site that has not been reclaimed, forty dollars ($40.00) per permitted acre; and
        2. For a site that has been reclaimed, twenty dollars ($20.00) per permitted acre.
        1. The fee for an amendment of a coal mining permit shall be two hundred fifty dollars ($250).
        2. The fee for an amendment of a coal exploration permit shall be one hundred fifty dollars ($150).
      1. If the amendment increases the acreage permitted, the acreage fee for the increase in acreage shall be paid at the time of application.
      2. If the amendment decreases the acreage permitted, the refund for the acreage deleted shall be paid by this state to the applicant when the amendment is granted.
  1. Local governments and state agencies are exempt from permit and acreage fees.
  2. All fees collected pursuant to this section shall be deposited in the coal mining protection fund, created in § 59-8-132.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-108. Performance bond or security requirements. [Contingent effective date, see Compiler's Notes.]

    1. After a permit has been 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 conditioned on the faithful performance of this part and the permit. The bond shall cover the area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. As succeeding increments of surface coal mining and reclamation operations are initiated and conducted within the permit area, the operator shall file with the commissioner an additional bond or bonds to cover those increments in accordance with this section.
    2. Bonds shall be executed by the operator and a corporate surety who is approved by the commissioner and properly authorized to act as a surety and licensed to do business in this state; however, the operator may elect to deposit cash or negotiable certificates of deposit assigned irrevocably to this state, negotiable United States treasury bonds, or negotiable general obligation municipal or corporate bonds that have the highest rating assigned by Moody's or Standard & Poor's rating services, with the state treasurer in lieu of a bond executed by a corporate surety.
    3. The state treasurer shall receive and hold any security that is deposited in lieu of a performance bond in the name of this state, in trust, for the purposes for which the deposit is made, and shall at all times be responsible for the custody and safekeeping of the deposit. The operator making the deposit may demand and receive from the state treasurer, on the written order of the commissioner, all or any portion of any securities deposited in lieu of a performance bond upon depositing with the state treasurer other negotiable securities of the classes specified in this subsection (a) having a market value at least equal to the sum of the bond, and also to demand and recover the interest income from those securities as it becomes due; however, the state treasurer, at the request of the operator, shall convert the securities into other negotiable securities of the classes specified in this subsection (a) as may be designated by the operator.
    4. The commissioner may accept the operator's performance bond without a separate surety when the operator demonstrates to the satisfaction of the commissioner the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond the required amount.
    1. The amount of the performance bond, cash deposit, or marketable value of the securities deposited by the operator shall be determined by the commissioner and conditioned upon the faithful performance of this part. Liability under each bond shall be continuous until the reclamation requirements of this part have been fulfilled.
    2. The amount of bond required for each bonded area shall be sufficient, as determined by the commissioner, to assure the completion of the reclamation plan as if the work must be performed by the commissioner in the event of bond forfeiture. In no case shall the bond for a mining permit be less than ten thousand dollars ($10,000).
    3. The amount of the bond or deposit required and the terms of each acceptance of the operator's bond shall be adjusted by the commissioner from time to time as affected land acreages are amended and increased or decreased, as plans are changed, or when the cost of future reclamation changes.
    4. Bond amounts shall depend upon the reclamation requirements of the approved permit and shall reflect the probable difficulty of reclamation, giving consideration to factors such as topography; geology of the site; hydrology; revegetation potential; the permittee's, operator's, and subcontractor's past performance records; and whether or not the permittee, operator, and any subcontractors have operated in this state less than three (3) years.
  1. Local governmental entities and state agencies may execute their own bonds as surety.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-109. Mining and reclamation plan. [Contingent effective date, see Compiler's Notes.]

  1. Each permit application shall include a mining and reclamation plan that contains the information that the board, by rules promulgated under § 59-8-103(b)(1), requires as necessary to demonstrate that reclamation required by this part can be accomplished.
  2. The mining and reclamation plan may be changed with the commissioner's approval, at any time upon application of the permittee, to take account of changes in conditions or to correct any previous oversight. The commissioner may also order a change in the mining or reclamation plan for the same reasons.
  3. Any information required by this section that is not on file pursuant to this chapter shall be held in confidence by the commissioner and not available for public inspection under title 10, chapter 7.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-110. Performance standards. [Contingent effective date, see Compiler's Notes.]

  1. Any permit issued under this part to conduct surface coal mining and reclamation operations shall require the operations to meet all applicable performance standards of this part.
  2. General performance standards as prescribed in rules promulgated by the board under § 59-8-103(b)(1) shall apply to all surface coal mining and reclamation operations.
  3. Steep slope surface coal mining and reclamation operations are subject to additional performance standards as prescribed in rules promulgated by the board under § 59-8-103(b)(1).
    1. The commissioner may grant variances for the purposes set forth in subdivision (d)(2).
    2. If an applicant meets the requirements of subdivisions (d)(3) and (4), the commissioner may grant a variance from any requirement to restore the area to the approximate original contour if the owner of the surface knowingly requests in writing, as a part of the permit application, that a variance be granted so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use, including recreational facilities.
      1. After consultation with the appropriate land use planning agencies, if any, the potential use of the affected land shall constitute an equal or better economic or public use.
      2. The backfilling and regrading shall be designed and certified by a registered engineer or a licensed professional geologist in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.
      3. After approval by the commissioner, the watershed of the affected land shall be improved.
    3. In granting a variance under this subsection (d), the commissioner shall only require that amount of spoil placed off the mine bench as is necessary to achieve the planned post-mining land use, that the spoil retained on the bench is designed to be stable, that all spoil placement off the mine bench comply with subsection (b), and that all other requirements of this part are met.
    4. The board shall promulgate specific rules under § 59-8-103(b)(1) to govern the granting of variances in accordance with this subsection (d), and may impose such additional requirements as the board deems necessary.
    5. All variances granted under this subsection (d) shall be reviewed within three (3) years of the date of issuance of the permit, unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan.
  4. The commissioner may, under rules promulgated by the board under § 59-8-103(b)(1) and approved by the secretary, permit variances or waivers from the performance standards imposed under this section if that action would allow for reclamation consistent with the requirements of this part and compatible with areas adjacent to the permitted area.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-111. Permits for underground coal mining. [Contingent effective date, see Compiler's Notes.]

  1. 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 under § 59-8-108 conditioned on satisfactory reclamation of the surface disturbances of the underground coal mining operations.
  2. The board shall promulgate rules under § 59-8-103(b)(1), that are designed to minimize the surface effects of underground coal mining operations; however, in adopting rules, the board shall consider the distinct difference between surface coal mining and underground coal mining. The rules shall not conflict with nor supersede the federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. § 801, et seq.), nor any regulation issued pursuant to that act.
  3. Each permit issued under this part and relating to underground coal mining shall require the permittee and operator to meet the standards that the board prescribes by rules promulgated under § 59-8-103(b)(1).
  4. In order to protect the stability of the land, the commissioner shall suspend underground coal mining under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or permanent streams, if the commissioner finds an imminent danger to inhabitants of the urbanized areas, cities, towns, and communities.
  5. The requirements of this part relating to permits, bonds, inspections and enforcement, public review, and administrative and judicial review shall apply to surface operations and surface impacts incidental to an underground coal mine with modifications to permit application requirements, permit approval or denial procedures, and bond requirements that are necessary to accommodate the distinct difference between surface coal mining and underground coal mining. The board shall promulgate rules for the modifications for underground coal mines under § 59-8-103(b)(1).

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-112. Administratively complete permit applications — Objections — Informal conferences — Approval or disapproval — Approval or disapproval of mining and reclamation plan — Termination of permit —Revision of permit. [Contingent effective date, see Compiler's Notes.]

      1. Within thirty (30) business days of the date of receipt of an application for a permit to conduct surface coal mining and reclamation operations, the commissioner shall notify the applicant in writing, stating whether or not the application is administratively complete. If the application is not administratively complete, the commissioner shall state in the written notice why the application is incomplete and the specific requirements to make the application administratively complete.
      2. Upon discovery of deficiencies in the application, the department shall promptly notify the applicant in writing and allow the applicant to temporarily withdraw the application for the purpose of correcting the deficiencies. Temporary withdrawal periods shall not be counted against the time available to the department for consideration of the application.
    1. The commissioner shall be deemed in receipt of an administratively complete permit application when the earliest of the following events occur:
      1. The permit applicant is notified that the application is administratively complete;
      2. The commissioner's failure to issue acknowledgment of receipt of an administratively complete application to the permit applicant as provided in this section within five (5) business days of receipt by the commissioner of the application; or
      3. Receipt by the commissioner of the specific requirements identified by the commissioner to make the application administratively complete.
    2. Within forty-five (45) business days of the receipt of an administratively complete application, the commissioner shall complete the review of the permit application for technical completeness and notify the permit applicant in writing of any technical deficiencies in the permit application.
    3. Upon receipt of a permit application, the commissioner shall:
      1. Notify applicable local governmental bodies, planning agencies, the county tax assessor, and water and waste-water treatment authorities or companies whose territorial jurisdiction includes the geographic location of the proposed coal surface mine, of the applicant's intent to surface mine a specific tract; and
      2. Inform the entities listed in subdivision (a)(4)(A) where a copy of the proposed mining and reclamation plan may be inspected to allow the entities to submit written comments within a reasonable period of time, established by the board, but not less than thirty (30) days, concerning the effects of the proposed operation on the environment within their areas of responsibility.
    4. Upon the close of the comment period described in subdivision (a)(4)(B), the commissioner shall transmit the comments to the applicant and make the comments available for public inspection at the same location as the mining permit applications.
    1. Any person may see and review the entire application, except for information that is classified as confidential in this part or § 10-7-504, and any aggrieved person, or the officer or head of any federal, state, or local governmental agency or authority may file written objections to the application for a permit within thirty (30) days after the last publication of the newspaper notice required by § 59-8-106(k).
    2. Upon receipt of any written objections, the commissioner shall transmit the objections to the applicant and make the objections available for public inspection. If any written objections are filed and an informal conference is requested, the commissioner shall hold an informal conference in the locality where the proposed surface coal mining and reclamation operation would be located within forty-five (45) days of the receipt of the request. The commissioner shall advertise the date, time, and location of the informal conference in a newspaper of general circulation that serves the geographic area where the proposed surface coal mining and reclamation operation would be located at least two (2) weeks before the scheduled informal conference date. Upon request by a party to an informal conference, the commissioner may arrange with the applicant access to the proposed mining area for the purpose of gathering information relevant to the proceeding.
    3. An electronic or stenographic record shall be made of the informal conference proceedings, unless waived by all parties. The commissioner shall maintain the record and make the record accessible to the parties until final release of the applicant's performance bond.
    4. If all parties requesting the informal conference stipulate to an agreement prior to the time of the informal conference and withdraw their request, the informal conference need not be held.
  1. If an informal conference is held under subsection (b), the commissioner shall issue and furnish to the applicant and other persons who are parties to the administrative proceedings the commissioner's written findings, granting or denying the permit in whole or in part, and stating the reasons for the grant or denial, within sixty (60) business days of the informal conference, and within one hundred fifty (150) business days of the receipt of an administratively complete application.
  2. If an informal conference is not held under subsection (b), the commissioner shall notify the applicant for a permit within sixty (60) business days after the receipt of a technically complete new amendment, or renewal application, but not before thirty (30) business days, whether the application has been approved or disapproved, in whole or in part.
    1. If the application is approved, the permit shall be issued upon the posting of the required bond. Within ten (10) days after the granting of a permit, the commissioner shall notify the local governmental officials for the political subdivision where the area of land to be affected by the operation is located that a permit has been issued and shall describe the location of the land.
    2. If the application is denied, the commissioner shall state the specific reasons for the denial in the notification.
    3. Any aggrieved person may appeal the commissioner's decision to grant, deny, or modify any permit application, to the board under § 59-8-120.
    1. An applicant may submit a complete application containing a mining and reclamation plan and maps in which the mining and reclamation work is separated into clearly identified and defined increments, and may request incremental permitting and bonding. The newspaper notice shall clearly state the plan, sequence, and timetable of mining.
    2. The commissioner shall evaluate the completed application and, if the commissioner approves the application, shall issue a written letter of approval of the mining and reclamation plan to the applicant, and, upon the posting of a bond for the first increment, shall issue a permit for the first increment.
    3. A permittee shall notify the commissioner in writing at least sixty (60) days before beginning operations on the second or a subsequent increment. The commissioner shall then inspect the operation to determine if the operation is in compliance with this part, permit requirements, and the original approved mining and reclamation plan. After inspection, approval, and the necessary bond has been posted, the commissioner shall adjust the permit to include the second or a subsequent increment, without the need for another permit application, newspaper notice, or hearing.
    4. The commissioner shall not require revision of an approved mining and reclamation plan or withdraw a letter of approval unless the commissioner finds that the present plan is not working or is inadequate to protect the public and the environment.
  3. The commissioner shall not approve a permit or revision application unless the application affirmatively demonstrates, and the commissioner makes a written finding based on the information in the application or information otherwise available that is documented in the approval and made available to the applicant, that:
    1. The permit application is accurate and complete and that all the requirements of this part are met;
    2. The applicant has demonstrated that reclamation, as required by this part, can be accomplished under the reclamation plan contained in the permit application;
    3. The commissioner has assessed the probable cumulative impact of all anticipated coal surface mining in the area on the hydrologic balance, and the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area; and
    4. The area proposed to be mined for coal is not included within an area designated unsuitable for surface coal mining and reclamation pursuant to § 59-8-125, or is not within an area under study for that designation in an administrative proceeding commenced pursuant to § 59-8-125, unless the applicant demonstrates that, prior to January 4, 1977, the applicant made substantial legal and financial commitments in relation to a mining operation for which the applicant is applying for a permit.
    1. When a schedule of violations, cease and desist orders, or other information available to the commissioner indicates that any surface coal mining and reclamation operation owned or controlled by the applicant, operator, or subcontractor is currently in violation of this part, the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201, et seq.), or any law, rule, or regulation of the United States, or of any department or agency in the United States pertaining to air or water environmental protection, the commissioner shall not issue the permit until the applicant submits proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the commissioner, department, or agency that has jurisdiction over the violation.
    2. The commissioner shall not issue a permit to an applicant after a finding by the commissioner, after opportunity for a hearing pursuant to § 59-8-120, that the applicant, operator, or subcontractor specified in the application controls or has controlled mining operations with a demonstrated pattern of violations of this part of a nature and duration or with resulting irreparable damage to the environment as to indicate an intent not to comply with this part.
    1. In addition to finding the application in compliance with this section, if an area proposed to be mined for coal contains prime farmland, the commissioner shall, after consultation with and the concurrence of, the United States secretary of agriculture, and pursuant to the rules promulgated by the board under § 59-8-103(b)(1), grant a permit to surface mine for coal on prime farmland if the commissioner finds in writing that the applicant has the technological capability to restore the mined area within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards in this part.
    2. Nothing in this subsection (i) applies to any permit issued prior to August 3, 1977, or to any revisions or renewals to those permits, or to any existing surface coal mining operations for which a permit was issued prior to August 3, 1977.
    1. A permit shall terminate if the permittee has not commenced the surface coal mining and reclamation operations covered by the permit within three (3) years of the date of issuance of the permit; however, the commissioner may grant reasonable extensions of time upon a showing that the extensions are necessary by reason of litigation precluding commencement of operations threatening substantial economic loss to the permittee, or reasons beyond the control and without the fault or negligence of the permittee.
    2. In the case of a coal lease issued under the federal Mineral Leasing Act (30 U.S.C. § 181, et seq.), extensions of time may not extend beyond the period allowed for diligent development in accordance with 30 U.S.C. § 187.
    3. In the case of coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated.
    1. Any valid permit issued pursuant to this part may be renewed upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal, and a renewal shall be issued; provided, that on application for renewal the burden shall be on the opponents of renewal, subsequent to fulfillment of the public notice requirements of § 59-8-106. A permit renewal shall be granted unless the commissioner makes written findings that:
      1. The terms and conditions of the existing permit are not being satisfactorily met;
      2. The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this part;
      3. The renewal requested substantially jeopardizes the permittee's continuing responsibility on existing permit areas;
      4. The permittee has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested in the application, as well as any additional bond the commissioner might require under § 59-8-108; or
      5. Any additional revised or updated information required by the commissioner has not been provided. Prior to the approval of any permit renewal, the commissioner shall provide notice to the appropriate public authorities.
    2. If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit that addresses any new land areas is subject to the full standards applicable to new applications under this part.
    3. The term of a permit renewal shall not exceed the term of the original permit. Application for permit renewal shall be made at least one hundred twenty (120) days prior to the expiration of the current permit.
  4. On or after the effective date of this part [see the Compiler's Notes], and subject to valid existing rights, no surface coal mining and reclamation operations, except those which existed on August 3, 1977, are permitted:
    1. On any lands within the boundaries of units of the national park system, the national wildlife refuge systems, the national system of trails, the national wilderness preservation system, the wild and scenic rivers system, including study rivers designated under 16 U.S.C. § 1276(a), and national recreation areas designated by an act of congress;
    2. On any federal lands within the boundaries of any national forest; however, surface coal mining and reclamation operations may be permitted if the secretary finds that there are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining and reclamation operations, and the surface operations and impacts are incident to an underground coal mine;
    3. Which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved jointly by the commissioner and the federal, state, or local agency with jurisdiction over the park or the historic site;
    4. Within one hundred feet (100') of the outside right-of-way line of any public road, except where mine access roads or haulage roads join a right-of-way line; however, the commissioner may permit the roads to be relocated or the area affected to lie within one hundred feet (100') of a road, if, after public notice and opportunity for public hearing in the locality, a written finding is made that the interests of the public and the affected landowners are protected;
    5. Within three hundred feet (300') from any occupied dwelling, unless waived by the owner, nor within three hundred feet (300') of any public building, school, church, community, institutional building, or public park; or
    6. Within one hundred feet (100') of a cemetery.
    1. A petition for permit appeal may be filed by:
      1. The permit applicant; or
      2. By any aggrieved person who:
        1. Provided written objections during the time period specified in subsection (b); or
        2. Provided written or oral objections at an informal conference, whose appeal is based upon any of the issues that were provided to the commissioner in the written objections or in testimony at the informal conference on the permit application.
    2. For permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment.
    3. Any petition for permit appeal under this subsection (m) shall be filed with the commissioner within thirty (30) days after public notice of the commissioner's decision to issue or deny the permit.
    4. Notwithstanding § 4-5-223 or any other law to the contrary, this subsection (m) is the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit. When a petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 59-8-120.
  5. As used in this section, “business day” means any day other than a Saturday, Sunday, or legal holiday.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Cross-References. Confidentiality of public records, § 10-7-504.

59-8-113. Revision of permit — Transfer, assignment, or sale prohibited without approval. [Contingent effective date, see Compiler's Notes.]

    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 plan is inadequate to protect the public and the environment consistent with this part.
    2. The commissioner shall not approve an application for a revision of a permit unless the commissioner finds that the revision meets all the standards of this part and the board's rules. The board shall establish, by rules promulgated under § 59-8-103(b)(1), guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, apply. Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
      1. The permittee may modify the approved mining and reclamation plan by submitting a modification of the mining and reclamation plan to the department for approval if:
        1. The surface coal mining operations or reclamation operations actually conducted by the permittee or operator meet the standards of this part and the board's rules, but do not conform with the mining and reclamation plan on file with the department; and
        2. The deviations do not constitute a significant departure from the method of conduct of surface coal mining and reclamation operations approved by the commissioner.
      2. The commissioner shall approve the modification upon finding that the modification meets all the standards of this part and the board's rules.
  1. No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this part shall be made without the commissioner's written approval.
  2. In addition to any other review required by federal law or regulations, the commissioner shall, within one (1) year after the effective date of this part, review outstanding surface coal mining and reclamation operation permits. The commissioner may require reasonable revision or modification of the permit provisions during the term of the permit; provided, that the revision or modification is based upon a written finding and subject to notice and hearing requirements and the board's rules, and may be appealed as provided in § 59-8-120.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-114. Inspection of surface coal mining and reclamation operations — Sign — Violations — Records and reports — Monitoring data collection and analysis. [Contingent effective date, see Compiler's Notes.]

  1. 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, upon, or through any surface coal mining and reclamation operation in order to conduct the inspections.
  2. The commissioner's inspections shall:
    1. Occur on an irregular basis, averaging not less than one (1) partial inspection per month and one (1) complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit;
    2. Occur without prior notice to the permittee or the permittee's agents or employees, except as necessary for on-site meetings with the permittee or operator; and
    3. Include the filing of inspection reports adequate to enforce the requirements of, and to carry out the terms and purposes of, this part.
  3. Each permittee shall conspicuously maintain at the entrances to each surface coal mining and reclamation operation, a clearly visible sign that states the name, business address, and telephone number of the permittee and the permit number of the surface coal mining and reclamation operation.
    1. If an inspector detects a violation of this part, the inspector shall immediately inform the operator, permittee, or person in writing and make a written report of the violation to the commissioner. The written communication and report shall not be considered a complaint issued pursuant to § 59-8-116; however, a complaint may arise from violations contained in the communication and report.
    2. Each inspector shall notify the operator or the person in charge of the mining or reclamation operation of the inspector's presence on the permitted area, unless the operator or person in charge of the operation is not reasonably available on the site during the inspection. The operator or the person in charge of the operation, or the operator's or person's designee, has the right to accompany the inspector during the inspection of the permitted area.
  4. The board shall require, by rules promulgated under § 59-8-103(b)(1), that all permittees:
    1. Establish and maintain appropriate records;
    2. Make monthly reports to the commissioner;
    3. Install, use, and maintain any necessary monitoring equipment or methods;
    4. Evaluate results in accordance with the methods, locations, intervals, and manner that the board prescribes; and
    5. Provide other information relative to surface coal mining and reclamation operations that the board deems reasonable and necessary.
  5. For surface coal mining and reclamation operations that remove or disturb strata serving as aquifers, which significantly insure hydrologic balance or water use, either on or off the mining site, the commissioner shall specify:
    1. Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence;
    2. Monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the deepest coal seam to be mined;
    3. Records of well logs and borehole data to be maintained; and
    4. Monitoring sites to record precipitation.
  6. The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the board to ensure the reliability and validity of the data collection and analysis or findings derived from the data collection and analysis.
  7. The authorized representatives of the commissioner, without advance notice, and upon presentation of appropriate credentials:
    1. Have the right of entry to, upon, or through any surface coal mining and reclamation operation or any premises in which any records required to be maintained under subsection (f) or (g) are located; and
    2. May, at reasonable times, but without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under this part.
  8. The commissioner shall make copies of any records, reports, inspection materials, or information obtained under this part immediately available to the public at convenient locations in the area of the mining.
    1. Whenever, on the basis of any information available to the commissioner, including receipt of information from any person, the commissioner has reason to believe that any operator, permittee, or person is in violation of this part or a rule promulgated by the board, or any permit condition, or complaint or cease and desist order issued under this part, the commissioner shall investigate, and, if the violation is confirmed, take appropriate action within ten (10) days; however, the commissioner shall take appropriate action immediately if proof is provided that an imminent danger of significant environmental harm exists.
    2. The identity of any person supplying information shall remain confidential, if requested by the person.
    3. When an inspection results from information provided to the commissioner by any person, the commissioner shall notify the person when the inspection is proposed to be carried out and the person shall be allowed to accompany the inspector during the inspection.
    4. Within ten (10) days of the inspection, or fifteen (15) days of the receipt of a complaint if there is no inspection, the commissioner shall send a complete report to the person who reported the information.
    5. Any person dissatisfied with the action of the commissioner may appeal as provided in § 59-8-120.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-115. Request for release of all or part of performance bond or deposit. [Contingent effective date, see Compiler's Notes.]

    1. A permittee may file with the commissioner a request for the release of all or part of a performance bond or deposit. A request for release of all or part of a performance bond or deposit shall indicate the location of the area and number of acres affected by the operation, the location of the area and number of acres of grading and revegetation accomplished by the permittee, and other information as the board may require by rules. If the request and the commissioner's inspection of the area affected show that the permittee is entitled to release of all or any portion of the bond or deposit, the commissioner shall approve the request and release all or a portion of the permittee's bond or deposit, as appropriate under this part.
    2. If the commissioner does not approve the request, the bond or deposit shall not be released until the permittee corrects the deficiencies found by the commissioner.
    3. A bond may be released on a portion of a permitted area if the permittee files a request containing the required information, the commissioner approves the request, and an inspection of the area affected shows compliance with the reclamation requirements of this part.
    1. Within thirty (30) days after an application for bond or deposit release has been initiated and filed with the commissioner, the permittee shall submit a copy of an advertisement placed at least once a week for four (4) successive weeks in a newspaper of general circulation in the locality of the surface coal mining and reclamation operation. The advertisement is considered part of any bond release application and shall contain a notification of the precise location of the land affected, the number of acres, the permit number and the date that the permit was approved, the amount of the bond filed and the portion of the bond sought to be released, the type and appropriate dates of reclamation work performed, and a description of the results achieved as the results relate to the operator's approved plan.
    2. In addition, as part of any bond release application, the permittee shall submit copies of letters that the operator has sent to adjoining landowners, local government bodies, planning agencies, and sewage and water treatment authorities or water companies, if applicable, in the locality in which the surface coal mining and reclamation operations took place, notifying them of the operator's intention to seek partial or total release from the bond.
  1. Upon receipt of any notification and request under this section, the commissioner shall, within thirty (30) days, inspect and evaluate the reclamation work involved. The evaluation shall consider, but not be limited to, the degree of difficulty to complete or evaluate any remaining reclamation, whether pollution or diminution of surface or subsurface water is occurring, the probability of continuation of the pollution or diminution, and the estimated cost of abating or correcting it. The commissioner shall notify the permittee in writing of the commissioner's decision to release or not to release all or part of the performance bond or deposit within sixty (60) days from the filing of the request, if no public hearing is held, and if a public hearing is held, within thirty (30) days after the hearing date. The commissioner shall send a copy of any notification of a decision not to release all or part of a bond to the permittee's surety. The commissioner's decision may be appealed pursuant to subsection (i).
    1. The commissioner may release all or part of the bond or deposit when the commissioner is satisfied that the reclamation covered by the bond or deposit, or portion of the bond or deposit, has been accomplished as required by this part. The remaining bond shall be sufficient to satisfy all final reclamation requirements.
    2. When a permittee performs the backfilling, regrading, topsoiling, drainage control, site preparation, spoil treatments, mulching, and initial planting of the vegetative cover in accordance with the approved plan as noted on an annual report, the commissioner may issue to the permittee and the permittee's surety a partial release of sixty percent (60%) of the surety bond for each acre of the affected area with respect to which the approved reclamation plan has been carried out. The remaining bond shall be held for at least five (5) years after the last year of augmented seeding, fertilizing, irrigation, or other work to assure that all reclamation requirements have been successfully met. A portion of the remaining bond may be released prior to the elapsing of five (5) years in accordance with board rules.
    3. The commissioner shall retain an amount of the bond for the affected area, which would be sufficient for a third party to cover the cost of all remaining reclamation work and reestablishing vegetation. The remainder of the bond or deposit shall not be released under subdivision (d)(2) so long as the disturbed lands are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by this part or until soil productivity for prime farmlands has returned to equivalent levels of yield as nonmined prime farmlands of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to this part. When a silt dam or impoundment approved as part of the mining or reclamation plan is to be retained as a permanent impoundment pursuant to § 59-8-110, the portion of the bond may be released under subdivision (d)(1) so long as the silt dam or impoundment meets the post-mining land use criteria and water quality and quantity concerns, and provisions for sound future maintenance by the permittee or the landowner have been made with the commissioner.
    4. The permittee shall not be denied access to the mining site for the purposes of completing or maintaining reclamation work because of the expiration of the permittee's lease, until the permittee's entire performance bond has been released.
  2. If the commissioner disapproves the application for release of all or part of the bond, the commissioner shall notify the permittee and the permittee's surety, stating the reasons for disapproval and recommending specific corrective actions necessary to secure the release, and allowing the permittee an opportunity for a hearing. The notice and recommendation shall be handed to the permittee in person, or sent by certified mail, return receipt requested, addressed to the permanent address shown on the application for a permit. The notice shall specify how the permittee has failed to comply with this part or rules promulgated pursuant to this part.
  3. When any application for total or partial bond release is filed with the commissioner, the commissioner shall notify the chief executive officer of the county in which the surface coal mining and reclamation operation is located by certified mail at least thirty (30) days prior to the release of all or a portion of the bond.
  4. Any person with a valid legal interest, which might be adversely affected by release of all or a portion of the bond, or the responsible officer or head of any federal, state, or local governmental agency that has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation, or development and enforcement of environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond to the commissioner within thirty (30) days after the last publication of the newspaper notice provided for in subsection (b). If one (1) or more written objections to a release of bond is filed, and a hearing requested, the commissioner shall inform all the interested parties of the time and place of the hearing, and hold a public hearing in the locality of the surface coal mining operation proposed for bond release, or in Nashville, at the option of the objector, within thirty (30) days of the request for a hearing. The commissioner shall advertise the date, time, and location of the public hearing in a newspaper of general circulation in the locality for two (2) consecutive weeks.
  5. Without prejudice to the rights of the objectors or the applicant, or the responsibilities of the commissioner, the commissioner may convene an informal conference as provided for in this part to resolve written objections.
    1. A petition for appeal may be filed by:
      1. The applicant for release; or
      2. By any aggrieved person who:
        1. Provided written objections during the time period specified in subsection (g); or
        2. Provided written or oral objections at the hearing or an informal conference whose appeal is based upon any of the issues that were provided to the commissioner in the written objections or in testimony at the hearing or an informal conference on the application.
    2. For permits for which the department gives public notice of a draft of a bond release, any applicant or aggrieved person may base an appeal on any material change to conditions in the final release from those in the draft, unless the material change has been subject to additional opportunity for public comment.
    3. Any petition for appeal under this subsection (i) shall be filed with the commissioner within thirty (30) days after public notice of the commissioner's decision to grant or deny the release.
    4. Notwithstanding § 4-5-223 or any other law to the contrary, this subsection (i) is the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a bond release. When a petition to appeal the commissioner's issuance or denial of a bond release is timely filed, the procedure for conducting the contested case shall be in accordance with § 59-8-120.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-116. Complaints — Cease and desist orders. [Contingent effective date, see Compiler's Notes.]

    1. If the commissioner determines that any operator, permittee, or person is in violation of this part, the board's rules, or any permit condition required by this part, or order issued pursuant to this part, the commissioner shall issue a complaint to the operator, permittee, or person fixing a reasonable time, but not more than ninety (90) days, for the abatement of the violation. The board may promulgate rules under § 59-8-103(b)(1) that allow for reasonable extensions beyond ninety (90) days when it is not feasible to abate the violation within that time; however, when the abatement time permitted is in excess of ninety (90) days, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.
      1. If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the commissioner, the commissioner finds that the violation has not been abated and that the operator, permittee, or person has not reached an agreement with the commissioner, the commissioner shall immediately order a cessation of surface coal mining and reclamation operations or the portion of the operations relevant to the violation.
      2. A cease and desist order remains in effect until the commissioner determines that the violation has been abated, or until modified, vacated, or terminated by the commissioner under subsection (d).
      3. In the cease and desist order issued under this subsection (a), the commissioner shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the cease and desist order.
      4. If a cease and desist order is not complied with, or the operator, permittee, or person refuses or fails to correct the violation, the permit may be revoked and the performance bond shall then be forfeited to the commissioner. When a bond is forfeited, the commissioner shall give notice to the attorney general and reporter, who shall collect the forfeiture.
    1. If the commissioner determines that any condition or practice exists, or that the operator, permittee, or person is in violation of this part, the board's rules, or any permit condition required by this part, or order issued pursuant to this part, which condition, practice, or violation also creates an imminent danger to the health and safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the commissioner shall immediately order a cessation of surface coal mining and reclamation operations or the portion of the operations relevant to the condition, practice, or violation. The cease and desist order remains in effect until the commissioner determines that the condition, practice, or violation has been abated, or until modified, vacated, or terminated by the commissioner under subsection (d). If the commissioner finds that the ordered cessation of surface coal mining and reclamation operations, or any portion of operations, shall not completely abate the imminent danger to the health and safety of the public or the significant, imminent environmental harm to land, air, or water resources, then the commissioner shall, in addition to issuing a cease and desist order, impose affirmative obligations on the operator requiring the operator to take whatever steps the commissioner deems necessary to abate the imminent danger or the significant environmental harm.
    2. The commissioner shall also issue an immediate cease and desist order to any operator mining without a valid permit or mining an area not covered by a valid permit.
    1. The commissioner shall issue cease and desist orders, or suspend or revoke permits, for a pattern of violations caused by an unwarranted failure to comply with this part, the board's rules, or a permit or order, after issuing a show cause order and offering an opportunity for a public hearing of which all interested parties shall be notified. If the operator, permittee, or person fails to show cause as to why the permit should not be suspended or revoked, the commissioner shall suspend or revoke the permit. A written or electronic record shall be kept of any show cause hearing by the commissioner and the hearing shall be subject to title 4, chapter 5, part 3. Within sixty (60) days following a show cause hearing, the commissioner shall issue and furnish to the permittee and all other parties to the hearing a written decision, and the commissioner's findings, concerning suspension or revocation of the permit. Appeals of the commissioner's decision shall be pursuant to § 59-8-120.
    2. If the permit is revoked, then mining shall immediately cease and reclamation shall be completed within a period specified by the commissioner, or the commissioner shall declare the performance bond for the operation to be forfeited. When a bond is forfeited, the commissioner shall give notice to the attorney general and reporter, who shall collect the forfeiture.
    1. Complaints and cease and desist orders shall set forth with reasonable specificity:
      1. The nature of the violation;
      2. The remedial action required;
      3. The period of time established for abatement; and
      4. A reasonable description of the portion of the surface coal mining and reclamation operation to which the complaint or order applies.
    2. The commissioner shall deliver each complaint or cease and desist order issued under this section by:
      1. Personal service upon the operator, permittee, or person; or
      2. Certified mail return receipt requested, when the complaint or cease and desist order is mailed to the operator, permittee, or person at the address shown in the permit application, to the agent for service of process for the operator, permittee, or person at the address shown in the permit application, to the surety's address as shown on the bond document filed with the permit, or, when no permit has been issued, to the last known address of the operator, permittee, or person.
    3. All complaints and cease and desist orders shall be in writing and shall be signed by the commissioner.
    4. The commissioner may modify, vacate, or terminate any complaint or cease and desist order issued pursuant to this section.
    5. Any complaint or cease and desist order issued pursuant to this section, which requires cessation of active mining, expires within thirty (30) days of actual notice to the operator, permittee, or person, unless an informal public hearing is held at the site or within a reasonable proximity to the site where any viewings of the site can be conducted during the course of the informal public hearing; however, the complaint or cease and desist order shall not expire if the operator, permittee, or person waives the informal hearing.
  1. The commissioner shall send a copy of all complaints and cease and desist orders to the permittee's surety.
  2. Except as provided in subsection (c), a complaint or cease and desist order issued pursuant to this section shall inform the alleged violator or violators of the opportunity for an informal public hearing as provided in subdivision (d)(5), if applicable, and a hearing before the board as provided in § 59-8-120. If the complaint or cease and desist order is appealed within thirty (30) days of the date the complaint or cease and desist order is served, the operator, permittee, or person may request that the commissioner make a decision upon both the complaint or cease and desist order and a notice of proposed assessment arising from the complaint or cease and desist order as provided in § 59-8-117(b), if appropriate. Upon the request of the alleged violator or violators, the department shall promptly make available and provide access to any documents and other information that address the factual basis of the complaint.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-117. Civil penalty — Notice of proposed assessment — Hearing — Appeal —Recovery of assessment or violation — Violations — Correction of violation. [Contingent effective date, see Compiler's Notes.]

  1. Any operator, permittee, or person who violates this part, the board's rules, or any permit condition required by this part, or order issued pursuant to this part may be assessed a civil penalty by the commissioner, except that if the violation leads to the issuance of a cease and desist order, a civil penalty shall be assessed. A civil penalty assessed under this subsection (a) shall not exceed five thousand dollars ($5,000) for each violation. Each day of continuing violation may be deemed a separate violation for purposes of assessing a civil penalty. In determining the amount of the penalty, the commissioner shall consider the history of previous violations by the operator, permittee, or person at the particular coal surface mining operation; the seriousness of the violation, including any irreparable harm to the environment and any danger to the health or safety of the public; whether the operator, permittee, or person was negligent; and the demonstrated good faith of the operator, permittee, or person charged in attempting to achieve rapid compliance after notification of the violation. If notice of a proposed assessment is not provided as part of a complaint or cease and desist order pursuant to § 59-8-116, then the commissioner shall give notice of a proposed assessment by certified mail return receipt requested as provided in § 59-8-116(d)(2) within thirty (30) days of the date the complaint or order is served. If an appeal from the notice of proposed assessment is not made to the commissioner or the board as provided in subsection (b) or (c) by the operator, permittee, or person within thirty (30) days of service of the notification of the proposed assessment, the operator, permittee, or person is deemed to have consented to the assessment, and the assessment shall become final.
    1. Unless the operator, permittee, or person subject to the notice of proposed assessment consents to the notice of proposed assessment under subsection (a), the commissioner shall not assess a civil penalty until the operator, permittee, or person receives an opportunity for a hearing before the commissioner.
    2. When a public hearing has been held, the commissioner shall make findings of fact, and the commissioner shall issue a written decision as to the occurrence of the violation, if submitted by the operator, permittee, or person as provided in § 59-8-116(f), and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid.
    3. Any hearing under this subsection (b) shall be of record and shall be subject to title 4, chapter 5, part 3.
    4. If an operator, permittee, or person who is charged with a violation fails to appear at the public hearing, then the operator, permittee, or person shall be deemed to have consented to the assessment, and the assessment shall become final.
  2. The operator, permittee, or person shall have thirty (30) days after the notice of proposed assessment is served pursuant to subsection (a) or, after a decision is issued by the commissioner pursuant to subdivision (b)(2) if an appeal is filed pursuant to subsection (b), to pay the proposed penalty in full or, if the operator, permittee, or person wishes to contest either the amount of the penalty or the violation, forward the proposed amount to the commissioner for placement in an escrow account. If, through administrative or judicial review of the proposed violation or penalty, the board, chancellor, or judge determines that no violation occurred or that the amount of the penalty should be reduced, the commissioner shall, within thirty (30) days of the determination, remit the applicable escrowed amount to the operator, permittee, or person with interest at the rate of six percent (6%) per annum, or at the prevailing department of treasury rate, whichever is greater. Failure to forward the money to the commissioner within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.
  3. Notwithstanding § 20-4-101 to the contrary, the commissioner, through the attorney general and reporter, may institute proceedings in the name of the department for the recovery of any assessment or penalty made under this part in the chancery court for Davidson County, or the chancery court or circuit court in the district where the surface coal mining and reclamation operation is located. All sums recovered shall be placed in the state treasury and credited to the coal mining protection fund, created by § 59-8-132.
  4. Any person, who willfully and knowingly violates a condition of a permit issued under this part or fails or refuses to comply with any complaint or order issued under § 59-8-116, § 59-8-120, or § 59-8-121, except an order incorporated under subsections (a) and (b), or who willfully and knowingly falsifies or fails to make any statement, representation, or certification in any records, information, plans, specifications, or other data required by the board or the commissioner, commits a Class E felony and, upon conviction, shall be punished only by a fine of not more than ten thousand dollars ($10,000).
  5. Any person who knowingly violates the conflict of interest provisions of § 59-8-127 commits a Class E felony and, upon conviction, shall be punished only by a fine of not more than two thousand five hundred dollars ($2,500). For purposes of this subsection (f), “person” includes state officials and employees.
  6. Any person who knowingly engages in surface coal mining and reclamation operations without first obtaining a permit for the mine from the commissioner, commits a Class E felony, and upon conviction, shall be punished only by a fine of not more than ten thousand dollars ($10,000).
  7. Any person who, except as permitted by law, knowingly prevents or impedes an employee of this state from performing the employee's duty under this part commits a Class E felony, and upon conviction, shall be punished only by a fine of not more than ten thousand dollars ($10,000).
  8. Whenever a corporation commits the acts described in subsection (a), (e), (g), or (h), any director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be subject to the same civil penalties and fines that may be imposed under subsections (a), (e), (g), and (h).
    1. The time period for the correction of a violation for which a complaint has been issued under § 59-8-116 shall not end:
      1. In the case of any review proceeding under § 59-8-120 that is initiated by the operator, permittee, or person wherein the commissioner orders, after an expedited hearing, the suspension of the abatement requirements of the complaint after determining that the operator, permittee, or person will suffer irreparable loss or damage from the application of those requirements, until the entry of a final order by the board; or
      2. In the case of any review proceeding under § 59-8-121 that is initiated by the operator, permittee, or person wherein the court orders the suspension of the abatement requirements, until the entry of an order of the court.
  9. Any operator, permittee, or person who fails to correct a violation for which a complaint has been issued under § 59-8-116 within the period permitted for its correction shall be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which the failure to correct or violation continues.
  10. All penalties recovered under this section shall be placed in the state treasury and credited to the coal mining protection fund, created in § 59-8-132. Nothing in this part abrogates the right of any person who is materially or personally damaged or injured by the operation of a surface mine to seek remedies against the responsible person in court.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-118. Civil action for relief — Action to enforce order. [Contingent effective date, see Compiler's Notes.]

    1. Notwithstanding § 20-4-101(a) to the contrary, the commissioner may request the attorney general and reporter to institute a civil action for relief against any operator, permittee, or person or the operator's, permittee's, or person's agent, including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for the action shall be in the Davidson County chancery or circuit court or the chancery or circuit court in the district where the surface mining operation is located, whenever the operator, permittee, person, or agent:
      1. Violates or fails or refuses to comply with any cease and desist order issued by the commissioner under this part;
      2. Interferes with, hinders, or delays the commissioner in carrying out the provisions of this part;
      3. Refuses to admit the commissioner to a surface coal mining and reclamation operation;
      4. Refuses to permit inspection of a coal mine by the commissioner;
      5. Refuses to furnish any information or report requested by the commissioner in furtherance of this part;
      6. Refuses to permit access to, and copying of, records that the commissioner determines to be necessary in carrying out this part; or
      7. Violates or threatens to violate this part, the board's rules, or a permit issued under this part, or violates or threatens to violate any cease and desist order or determination issued pursuant to this part.
    2. A court that is presiding over a civil action initiated under subdivision (a)(1) shall provide the relief that is appropriate.
    1. The commissioner may bring an action to enforce a cease and desist order issued under this part if an appeal of the order is not requested in a timely manner and the order has not been complied with. In an action to enforce a cease and desist order, all findings of fact contained in the order and complaint are deemed to be final and not subject to review except as to receipt of notice of the order; provided, the defendant may proffer evidence of compliance with the cease and desist order.
    2. The commissioner may also bring an action to enforce any order made by the commissioner, which has become final either by the failure of any person to appeal the commissioner's order or by an appellate court's decision against any person who fails to comply with a final order. In these suits, the commissioner's decision shall not be subject to challenge as to matters of fact; provided, the defendant may present evidence showing compliance with the commissioner's order.
    1. Notwithstanding § 20-4-101(a) to the contrary, any action for a permanent or temporary injunction, restraining order, or any other relief brought by the commissioner shall be filed in, and venue and jurisdiction for the action shall be in, the Davidson County chancery or circuit court, or the chancery or circuit court in the district where the surface mining operation is located, in which all or a part of the violation is or is about to occur, in the name of the department by the district attorney general or by the attorney general and reporter at the direction of the commissioner or the board, and under the supervision of the attorney general and reporter.
    2. An enforcement proceeding shall not be tried by a jury.
    3. Appeals from judgments or decrees issued by trial courts in proceedings brought under this part shall be made to the supreme court despite the fact that controverted questions of fact may be involved.
  1. Nothing in this part eliminates any additional enforcement rights or procedures that are available under any state law to the commissioner, but are not specifically enumerated in this part.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-119. Civil action by aggrieved person — Intervention by commissioner. [Contingent effective date, see Compiler's Notes.]

  1. Except as provided in subsections (b) and (c), any aggrieved person may commence a civil action in the Davidson County chancery court or the chancery court in the district where the surface coal mining and reclamation operation is located to compel compliance with this part:
    1. Against the state or any state or local governmental agency, to the extent permitted by the eleventh amendment to the United States constitution, which is alleged to be in violation of this part, or any rule promulgated under this part, or order or permit issued pursuant to this part, or against any other person who is alleged to be in violation of this part, or any rule promulgated under this part, or order or permit issued pursuant to this part; or
    2. Against the commissioner to the extent permitted by the eleventh amendment to the United States constitution, when the commissioner is alleged to have failed to perform any role or duty under this part that is not discretionary for the commissioner.
  2. No action may be commenced under subdivision (a)(1):
    1. Until sixty (60) days after the plaintiff has provided written notice of the violation to the secretary, the commissioner, and any alleged violator; or
    2. If the commissioner, the board, or the state has commenced and is diligently prosecuting a civil action to require compliance with this part, or any rule promulgated under this part, or order or permit issued pursuant to this part, but in any such action any person may intervene as a matter of right.
  3. No action may be commenced under subdivision (a)(2) until sixty (60) days after the plaintiff has provided written notice of the violation to the commissioner, in the manner that the board requires by rules promulgated under § 59-8-103(b)(1), except that an action may be brought immediately after notice of the violation is provided to the commissioner, if the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.
  4. The commissioner may intervene in any civil action brought under this section as a matter of right.
  5. The court, in issuing any final order in any action brought under subsection (a), may award costs of litigation, including reasonable attorney fees and expert witness fees, to any party, whenever the court determines the award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Tennessee Rules of Civil Procedure.
  6. Nothing in this section restricts any right that any person, or class of persons, may have under any statute or common law to seek enforcement of this part and the rules issued pursuant to it, or to seek any other relief, including relief against the commissioner.
  7. Any person who incurs a personal injury or property damage due to an operator's violation of any regulation, order, or permit issued pursuant to this part may bring an action for damages against the operator, including reasonable attorney and expert witness fees, in the Davidson County chancery court or the chancery court of the county in which the surface coal mining and reclamation operation complained of is located. Nothing in this subsection (g) affects the rights established by, or limits imposed under, the Workers' Compensation Law, compiled in title 50, chapter 6.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-120. Hearings. [Contingent effective date, see Compiler's Notes.]

    1. Any hearing brought before the board pursuant to §§ 59-8-112, 59-8-113, 59-8-114, 59-8-115, 59-8-116, 59-8-117, and 59-8-125 shall be conducted as a contested case.
    2. The hearing shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b), unless settled by the parties.
    3. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed.
    4. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing.
    5. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final, unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315, within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after the entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record, and shall allow each party an opportunity to present oral arguments.
    6. If appealed to the board or reviewed by the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness.
    7. In an appeal or review as provided in subdivisions (a)(5) and (6), the board shall render a final order, in accordance with § 4-5-314, affirming, modifying, remanding, or vacating the administrative judge's order.
    8. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b), unless a later effective date is stated in the final order.
    9. A petition to stay the effective date of a final order may be filed under § 4-5-316.
    10. A petition for reconsideration of a final order may be filed pursuant to § 4-5-317.
    11. Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322.
    12. An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, in other matters before the board, it may be considered but shall not be binding on the board.
  1. Notwithstanding § 20-4-101(a) to the contrary, in the case of or refusal to comply with a notice of hearing, subpoena, or order issued under this section, venue and jurisdiction for the action shall be in the Davidson County chancery court or the chancery court in the district where the surface mining operation is located, upon application of the board or the commissioner, to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey the order of the court may be punished by the court as contempt.
  2. Notwithstanding subsection (a), any operator, permittee, or person to whom an order of suspension of a permit or order to cease and desist surface coal mining and reclamation operations is directed pursuant to this part, shall comply with the order immediately, but, on appeal to the board, shall, within thirty (30) days, have a hearing and decision on the order, unless temporary relief has been granted by the commissioner or by a court.
  3. Any aggrieved person may, after filing an appeal to the board, file with the board a written request that the commissioner grant temporary relief from any complaint or order, together with a detailed statement giving reasons for requesting the relief. The board shall issue an order or decision granting or denying the relief within five (5) days of its receipt, unless the parties agree to a longer time. The board may grant the relief requested, under the conditions the board prescribes, if:
    1. All parties to the proceeding have been notified and a hearing has been held in the locality of the surface coal mining and reclamation operations on the request for temporary relief in which all parties were given an opportunity to be heard;
    2. The operator, permittee, or person shows that there is a substantial likelihood that the final decision of the board in the hearing will be favorable to the operator, permittee, or person; and
    3. The relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources.
  4. Whenever an order or decision is issued, either by the board or as a result of any administrative proceeding under this part, at the request of any person, a sum equal to the aggregate amount of the expenses for the hearing and administrative judge as determined by the board to have been reasonably incurred by the person for, or in connection with, the person's participation in the proceedings, including any judicial reviews of agency action, may be assessed against either party as the court, resulting from judicial review, or the board, deems proper.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-121. Judicial review — Temporary relief. [Contingent effective date, see Compiler's Notes.]

    1. Notwithstanding § 20-4-101(a) to the contrary, any final order or determination by the board is subject to judicial review, and venue and jurisdiction for such action shall be in the Davidson County chancery court or the chancery court in the district where the surface mining operation is located.
    2. Judicial review shall be pursuant to § 4-5-322; however, no judicial review shall be had of any order that becomes final as a result of failure of the aggrieved party to appear at a hearing:
      1. That was requested by the aggrieved party; and
      2. For which the aggrieved party received adequate notice.
  1. In the case of a proceeding to review any order or decision issued by the board under this part, including an order or decision pertaining to any order for cessation of surface coal mining and reclamation operations, the court may, under such conditions as it may prescribe, grant any temporary relief that it deems appropriate pending a final determination of the proceedings if:
    1. All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
    2. The person requesting relief shows that there is a substantial likelihood that that person will prevail on the merits of the final determination of the proceeding; and
    3. The relief requested will not adversely affect the public health or safety or cause significant, imminent environmental harm to land, air, or water resources.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-122. Enforcement or protection of interest in water resources affected by mining operation — Repair or compensation for subsidence damage — Replacement of water supply. [Contingent effective date, see Compiler's Notes.]

  1. 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.
  2. The permittee or operator of a surface coal mine shall replace the water supply of an owner of an interest in real property who obtains all or part of that owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source when the water supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation.
    1. Underground coal mining operations conducted in this state after October 24, 1992, shall:
      1. Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or noncommercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or noncommercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto, or noncommercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid insurance policy; and
      2. Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit, which has been affected by contamination, diminution, or interruption resulting from underground coal mining operations.
    2. Nothing in this subsection (c) shall interrupt underground coal mining operations.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-123. Departure from environmental protection performance standards on experimental basis. [Contingent effective date, see Compiler's Notes.]

  1. In order to encourage advances in coal surface 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 departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under this part.
  2. The departures may be authorized if:
    1. The experimental practices are potentially more environmentally protective, or at least as protective, during and after mining operations, as those required by promulgated standards;
    2. The mining operations approved for a particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices;
    3. The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards; and
    4. All other state and federal agencies with jurisdiction over the environmental standards or practices for which departure is desired concur with the departure.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-124. Declaration of hazard — Authority of commissioner to fill or reclaim. [Contingent effective date, see Compiler's Notes.]

  1. The general assembly declares that voids, and open and abandoned tunnels, shafts, auger holes, and entryways resulting from any previous mining operation, constitute a hazard to the public health or safety, and that surface impacts of any underground or surface coal mining and reclamation operation may degrade the environment. The commissioner is authorized to fill voids, seal abandoned tunnels, shafts, auger holes, and entryways, and reclaim surface impacts of underground or surface coal mines that the commissioner determines could endanger life and property, constitute a hazard to public health and safety, or degrade the environment. The commissioner is authorized to carry out this subsection (a) as part of this state's approved abandoned mine reclamation program, as provided for in § 59-8-301.
  2. Funds available for use in carrying out the purpose of this section may include those funds which are allocated to this state under 30 U.S.C. § 1232(g).
  3. In those instances where mine piles are being reworked for environment and conservation purposes, the incremental costs of disposing of the wastes from the operations by using them to fill voids and seal tunnels may be eligible for funding pursuant to this section; provided, that the disposal of these wastes meets the purposes of this section.
  4. The commissioner may acquire by purchase, donation, or otherwise the interest in land that the commissioner determines necessary to carry out this section.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-125. Designation of land area as unsuitable for surface coal mining and reclamation operations. [Contingent effective date, see Compiler's Notes.]

    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 reclamation operations pursuant to the standards set forth in this part, but that designation shall not prevent the mineral exploration of any designated area.
    2. Upon receipt of a petition pursuant to subsection (b), the commissioner shall designate an area as unsuitable for all or certain types of surface coal mining and reclamation operations if the commissioner determines that reclamation pursuant to the requirements of this part is not technologically and economically feasible.
    3. Upon petition pursuant to subsection (b), an area may be designated unsuitable for certain types of surface coal mining and reclamation operations if such operations:
      1. Are incompatible with existing state or local land use plans or programs;
      2. Affect fragile or historic lands in a way that could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems;
      3. Affect renewable resource lands, including, but not limited to, aquifers and aquifer recharge areas, in a way that could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or
      4. Affect natural hazard lands, including, but not limited to, areas subject to frequent flooding and areas of unstable geology, in a way that could substantially endanger life and property.
    4. The program shall include a process that includes:
      1. A database and inventory system that will permit proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining and reclamation operations;
      2. A method or methods for implementing land use planning decisions concerning surface coal mining and reclamation operations; and
      3. Proper notice and opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section.
    5. Determinations of the unsuitability of land for surface coal mining and reclamation operations shall be integrated as closely as possible with present and future land-use planning and regulation processes at the federal, state, and local levels.
    6. This section does not apply to lands on which surface coal mining operations are being conducted on August 3, 1977, or under a permit issued pursuant to this part, or where substantial legal and financial commitments in the operation were in existence prior to January 4, 1977.
  1. Any aggrieved person may petition the commissioner to have an area designated as unsuitable for surface coal mining and reclamation operations, or to have an existing designation terminated. A petition filed pursuant to this subsection (b) shall contain allegations of facts with supporting evidence that tends to establish the allegations. Within ten (10) months after receipt of the petition, the commissioner shall hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time, and location of such hearing. After a petition has been filed, but before the hearing on it, any person may intervene by filing allegations of facts with supporting evidence that would tend to establish the allegations. Within sixty (60) days after the hearing, the commissioner shall issue and furnish to the petitioner and any other party to the hearing, a written decision regarding the petition, and the reasons for the decision. In the event that all of the petitioners stipulate agreement prior to the requested hearing, and withdraw their requests, the hearing need not be held.
  2. Prior to designating any land areas as unsuitable for surface coal mining and reclamation operations, the commissioner shall prepare a detailed statement on:
    1. The potential coal resources of the area;
    2. The demand for coal resources; and
    3. The impact of the designation on the environment, the economy, and the supply of coal.
  3. In reaching a decision on whether to designate any land areas as unsuitable for surface coal mining and reclamation operations, the commissioner shall use:
    1. The information contained in the database, records, and inventory system;
    2. Any information that was provided by other governmental agencies or the public; and
    3. The information contained in the detailed statement provided in subsection (c).
  4. The commissioner shall issue a final written decision, including a statement of findings, within sixty (60) days of the completion of the public hearing, or if no public hearing is held, within twelve (12) months of receipt of the complete petition. The commissioner shall simultaneously notify the petitioner, other parties to the hearing, and the regional director of the office of surface mining, of the decision by certified mail.
  5. The commissioner's decision is subject to appeal to the board as provided in § 59-8-120, and to judicial review as provided in § 59-8-121.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-126. Promulgation of rules requiring training, examination, and certification of persons engaging in, or directly responsible for, blasting or use of explosives. [Contingent effective date, see Compiler's Notes.]

The board shall promulgate rules under § 59-8-103(b)(1) to require the training, examination, and certification of persons engaging in, or directly responsible for, blasting or use of explosives in coal surface mining operations.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-127. Department employee prohibited from having financial interest in underground coal mining operation or surface coal mining and reclamation operation. [Contingent effective date, see Compiler's Notes.]

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.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-128. Part ancillary and supplemental to other state laws. [Contingent effective date, see Compiler's Notes.]

This part does not operate to repeal or affect any of the laws of this state relating to the pollution of the air or waters, or any environment and conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-129. Conformance with statutes and rules. [Contingent effective date, see Compiler's Notes.]

  1. Irrespective of the date of issuance of a permit, all operators, permittees, and persons, except as provided in subsection (b), shall immediately conform to any statutes enacted, or rules adopted pursuant to those statutes, on the effective date of such statutes and rules. This section does not require the regrading or replanting of any area on which the work was satisfactorily performed prior to the effective date of the statute or rule.
  2. The board shall promulgate rules under § 59-8-103(b)(1) that are consistent with 30 CFR 773.4 concerning continued operations under federal program permits.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-130. Compliance by agency, unit, or instrumentality of state, federal, or local government. [Contingent effective date, see Compiler's Notes.]

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 comply with this part; provided, that local governmental entities and state agencies are not subject to fees or bonds except as otherwise required by this part.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-131. Hearing involving major energy project. [Contingent effective date, see Compiler's Notes.]

Any hearing required by this part shall be conducted in accordance with § 13-18-114, when the hearing involves a major energy project, as defined by § 13-18-102.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-132. Coal mining protection fund.

  1. There is created a segregated account within the state treasury to be known as the “coal mining protection fund.” Monies shall be deposited to the fund pursuant to §§ 59-8-107, 59-8-117, and 67-7-110, and shall be invested for the benefit of the fund pursuant to § 9-4-603.
  2. The moneys in the coal mining protection fund shall be used for the administration and enforcement of the requirements of this part.
  3. All fees and penalties collected by the commissioner pursuant to this part shall be deposited by the state treasurer into the coal mining protection fund, created in subsection (a), and shall be used by the commissioner to defray expenses necessary to administer this part. Unexpended and unobligated fees remaining in this account at the end of any fiscal year shall not revert to the general fund but shall remain available for the purposes set forth in this part.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Effective Dates. Acts 2018, ch. 839, § 47. April 25, 2018.

Attorney General Opinions. The Governor’s efforts to submit requests for federal funding and applications to obtain exclusive jurisdiction over surface mining and reclamation operations  do not constitute “implementation” of part  1 of chapter 8, title 59, of the Tennessee Code and are not subject to the availability of federal funds under T.C.A. § 59-8-133(a). The cost of implementation and enforcement must be paid by equal amounts of federal funds and money in the coal mining protection fund. If no federal funds are available, then no money from the coal mining protection fund may be spent because such an expenditure would not be in “equal proportion” to the amount of federal funds spent. OAG 18-26, 2018 Tenn. AG LEXIS 26 (6/27/2018).

59-8-133. Implementation of part — Cost of administering and enforcing part. [Contingent effective date, see Compiler's Notes.]

  1. Implementation of this part is subject to the availability of federal funds for such purpose.
  2. The cost of administering and enforcement of this part shall be paid in equal proportions by federal funds made available for such purpose and funds in the coal mining protection fund, created in § 59-8-132.

Acts 2018, ch. 839, § 1.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Attorney General Opinions. The Governor’s efforts to submit requests for federal funding and applications to obtain exclusive jurisdiction over surface mining and reclamation operations  do not constitute “implementation” of part  1 of chapter 8, title 59, of the Tennessee Code and are not subject to the availability of federal funds under T.C.A. § 59-8-133(a). The cost of implementation and enforcement must be paid by equal amounts of federal funds and money in the coal mining protection fund. If no federal funds are available, then no money from the coal mining protection fund may be spent because such an expenditure would not be in “equal proportion” to the amount of federal funds spent. OAG 18-26, 2018 Tenn. AG LEXIS 26 (6/27/2018).

59-8-134. Report required for revenues generated from fees. [Contingent effective date, see Compiler's Notes.]

On or before the January 1 occurring two (2) years after the effective date of this part [See the Compiler's Notes], and on or before January 1 every two (2) years thereafter, the department of environment and conservation shall submit a report to the finance, ways and means committees of the house of representatives and the senate on the revenue generated from the fees imposed by this part. The department shall include in the report a determination as to whether an adjustment to the fees is necessary to provide that the administration and enforcement of this part is fiscally self-sufficient and that the revenues from the fees are sufficient to meet required expenditures.

Acts 2018, ch. 839, § 43.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101—59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Part 2
Tennessee Mineral Surface Mining Law of 1972

59-8-201. Short title.

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

Acts 1972, ch. 547, § 1; T.C.A. (orig. ed.), § 58-1540; Acts 1980, ch. 908, § 37.

Compiler's Notes. For transfer of the division of surface mining and reclamation and its functions under parts 2 and 3 of this chapter and ch. 10 of this title, from the department of conservation (now environment and conservation) to the department of health and environment (now health), see Executive Order No. 40 (February 11, 1983).

For transfer of the bureau of environment in the department of health and its related functions and the administration of the Tennessee environmental statutes (excluding title 68, chs. 14, 110 and 112) from the department of health to the department of environment and conservation, see Executive Order No. 42 (February 4, 1991).

Acts 1992, ch. 693, § 1 provided that references in this part to the commissioner or the department of health, health and environment, or public health, are amended to become references to the commissioner or department of environment and conservation.

Cross-References. Coal surface mining, title 59, ch. 8, parts 3 and 4.

Major energy projects, coordination of regulation, title 13, ch. 18.

Printed contract forms for products extracted from or beneath the earth, § 47-50-110.

Severance tax on coal, title 67, ch. 7, part 1.

Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Bankruptcy, § 41; 18 Tenn. Juris., §§  3, 5.

Attorney General Opinions. Application to removal of clay for landfill construction, OAG 97-048, 1997 Tenn. AG LEXIS 47 (4/14/97).

Constitutionality of population exemption under Tennessee mineral surface mining law, OAG 97-046, 1997 Tenn. AG LEXIS 45 (4/14/97).

NOTES TO DECISIONS

1. Bankruptcy.

A judgment representing a civil penalty for violations of the Tennessee Surface Mining Law is excepted by 11 U.S.C. § 523(a)(7) from a debtor's discharge in bankruptcy. In re Daugherty, 25 B.R. 158, 1982 Bankr. LEXIS 5420 (Bankr. E.D. Tenn. 1982).

59-8-202. Definitions. [See contingent amendment to subdivision (3) and Compiler’s Notes.]

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 to be or has been deposited. It also includes areas of land on which haul roads or other access roads (other than public roads) are to be or have been located. Insofar as clay is concerned, affected land shall not be construed to include land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area;
  2. “Bench” means the ledge, shelf or terrace formed in the contour method of surface mining;
    1. “Fill bench” means that portion of the bench which is formed by depositing overburden beyond the cut section; and
    2. “Solid bench” means the portion of the bench between the highwall and the fill bench and thereby within the region once occupied by the mineral or overburden;

      [Current version. See second version for contingent amendment and Compiler's Notes.]

  3. “Board” means the Tennessee board of water quality, oil, and gas, established by § 69-3-104;

    [Contingent amendment. See the Compiler's Notes.]

  4. “Commissioner” means the commissioner of environment and conservation or the commissioner's designees;
  5. “Director” means the director of the division of water pollution control;
  6. “Highwall” means a slope in excess of thirty-five degrees (35°) which is created by mining operations;
    1. “Mineral” means, in any county having a population of more than six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, clay, stone, gravel, sand, phosphate rock, metallic ore and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include limestone, coal, marble, chert or dimension stone;
    2. “Mineral” means, in any county having a population of six hundred thousand (600,000) or less, according to the 1970 federal census or any subsequent federal census, clay, stone, phosphate rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include limestone, coal, marble, chert, gravel, sand or dimension stone;
    3. “Mineral” means, on any land on which the state, or any department, agency, or other unit of state government, owns the surface interest, clay, stone, gravel, sand, phosphate rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include coal;
  7. “Operation” means all of the premises, facilities, and equipment and the use thereof in the process of removing and exploring for minerals from a designated surface mine area;
  8. “Operator” means any person, partnership or corporation engaged in surface mining who removes or intends to remove more than two hundred fifty (250) tons of any mineral from the earth by surface mining within twelve (12) successive calendar months; or who removes overburden for the purpose of determining the location, quality or quantity of any natural mineral deposit. Any operator who has obtained a permit, and otherwise complied with this part may subcontract any part, or all, of the mining of the lands covered by the permit to subcontractors and such subcontractors are not considered an “operator” within the meaning of this part;
  9. “Orphan mine” means land affected by surface mining operations prior to enactment of the Tennessee Strip Mine Law of 1967 (repealed);
  10. “Overburden” means all earth and other materials which are removed to gain access to the mineral in the process of surface mining;
  11. “Person” means an individual, partnership, corporation or any other association of individuals;
  12. “Provisions of this part” means the rules, regulations and orders issued by the commissioner pursuant to this part as well as the words of the sections themselves;
  13. “Reclamation” means the process of backfilling, grading and shaping of the disturbed land in the affected area, constructing water control facilities, the taking of measures to control current or future air, water or soil pollution, and the planting of vegetation, and other measures; all directed toward placing the affected area in a condition whereby it can serve some purpose, at least as useful as that in existence before any mining;
  14. “Shaping” means grading, backfilling and other earth moving required by this part to be done by the operator in connection with the reclamation of the area affected;
  15. “Spoil bank” means the overburden as it is piled or deposited in the process of surface mining;
  16. “Stream” means any waterway that normally exhibits water flow at least six (6) consecutive months per year; and
  17. “Surface mining” means all or any part of the process followed in the production of minerals from a natural mineral deposit by the open pit or open cut method, auger method, highwall mining method which requires a new cut or removal of overburden, or any other mining process in which the strata or overburden is removed or displaced in order to recover the mineral; or in which the surface soil is disturbed or removed for the purpose of determining the location, quality or quantity of a natural mineral deposit.

“Board” means the Tennessee board of energy and natural resources, established by § 69-3-104;

Acts 1972, ch. 547, § 2; 1974, ch. 590, § 2; 1975, ch. 188, § 1; 1975, ch. 310, § 1; 1976, ch. 752, § 1; 1978, ch. 679, § 3; T.C.A., § 58-1541; Acts 1980, ch. 695, § 1; 1980, ch. 908, § 38; 1981, ch. 406, §§ 1, 2; 1988, ch. 1004, § 1; 1992, ch. 693, § 1; 2009, ch. 211, § 1; 2011, ch. 341, §§ 1, 2; 2018, ch. 839, § 5.

Compiler's Notes. The Tennessee Strip Mine Law of 1967 was repealed by § 26 of Acts 1972, ch. 547.

For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

For the Preamble to the act concerning reclamation after extraction of minerals on state-owned land, please refer to Acts 2009, ch. 211.

Acts 2012, ch. 986, §§ 26-28 amended § 69-3-104, referred to in this section, to substitute “Tennessee board of water quality, oil, and gas” for “board of water quality control”.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking, upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment substituted “board of energy and natural resources” for “board of water quality, oil, and gas” in the definition of “board”. See the Compiler's Notes.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Cross-References. Conveyance of certain mineral rights and mineral interests, § 66-5-111.

Rock harvesting operations, §§ 69-3-14369-3-147.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mines and Minerals, § 3.

NOTES TO DECISIONS

1. Operator.

Where defendant hired a third party to engage in surface mining on his property, intended to remove coal from his property and admitted that at least 300 tons were removed and stored at his tipple, he qualified as an operator under this section. Bunch v. Allison, 596 S.W.2d 814, 1980 Tenn. LEXIS 436 (Tenn. 1980).

2. Mineral.

In a nuisance action brought by the state against a company concerning its use of mineral rights to extract sandstone from property in which the state held the surface rights, trial court erred by granting the company's motion for summary judgment and holding that the term “minerals” as used in the deed unambiguously included sandstone for purposes of T.C.A. § 59-8-202(7)(B); court of appeals held that the deed could not be read as waiving the surface owner's right to use the property for its reasonable or intended purpose, and the company failed to demonstrate the absence of a disputed issue of material fact on the question of whether its mining techniques were impermissibly destructive. State v. Lahiere-Hill, LLC, 278 S.W.3d 745, 2008 Tenn. App. LEXIS 444 (Tenn. Ct. App. July 31, 2008).

59-8-203. Purpose of act.

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 fish and wildlife and their habitats; counteracts efforts for the conservation of soil, water and other natural resources; impairs the owners' rights in neighboring property; creates fire hazards; and in general creates conditions inimical to life, property and the public welfare so as to require the exercise of the state's police power in the regulation of surface mining. The general assembly further finds that there are wide variations in the circumstances and conditions surrounding and arising out of the surface mining of minerals due primarily to differences in topographical, geological, and soil conditions, by reason of which it is necessary, in order to provide the most effective, beneficial and equitable solution to the problem, that broad discretion be placed in the authority designated to administer and enforce the regulatory provisions enacted by the general assembly. It is the purpose of this part, therefore, to provide for such regulation and control of surface mining so as to minimize its injurious effects.

Acts 1972, ch. 547, § 3; T.C.A., § 58-1542.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mines and Minerals, § 14.

NOTES TO DECISIONS

1. In General.

The statutory scheme is clearly designed for the protection of the environment and the general public and its health. McDaniel v. McCall, 655 S.W.2d 155, 1983 Tenn. App. LEXIS 588 (Tenn. Ct. App. 1983).

59-8-204. Powers of the commissioner.

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 demonstrations, and to collect and disseminate information relating to surface mining, reclamation of surface mined lands, and control of pollution of water and soil affected by surface mining;
  3. Adopt, after giving public notice and affording an opportunity to all interested persons to appear and offer evidence at a public hearing in connection therewith, general rules and regulations pertaining to surface mining to accomplish the purposes of this part. Such rules and regulations, which shall have the force and effect of law, shall be of uniform application as far as practicable, but they may take proper account of differences in topography, geology, and soil conditions, and established use patterns of neighboring lands as recognized by the local planning agency;
  4. Adopt, without notice or hearing, rules and regulations with respect to procedural aspects of hearings, the filing of reports and orders, the issuance of permits, and other procedural matters;
  5. Issue orders requiring the adoption by an operator of remedial measures necessary for carrying out the provisions of this part or rules and regulations issued thereunder;
  6. Examine and approve or disapprove applications for permits, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by operators;
  7. Establish standards for acceptable mining and reclamation of affected areas which shall be designed to achieve soil stabilization, control soil erosion, and obliterate the scars of the stripping operation and ensure that the operation meets applicable soil and water quality standards;
  8. Make such investigations or inspections as the commissioner may deem necessary to ensure compliance with any provisions of this part, including the right to enter at any time upon an area affected for such purposes and the right to ingress and egress across intervening properties;
  9. Order the suspension and/or revocation after warning of any permit for failure to comply with any of the provisions of this part or with any rules, regulations or orders adopted pursuant thereto;
  10. Order the immediate cessation of any operation that is started or continued without a permit as required by the provisions of this part;
  11. Issue, after notice and an opportunity for a hearing, special rules and regulations in connection with granting a permit to an operator where the sole purpose of the operation covered by such permit is to remove overburden for the purpose of determining the location, quality or quantity of a natural mineral deposit. Such rules and regulations shall be, insofar as practical, in compliance with the requirements of this part that pertain to the granting of a mining permit so that a map, mining plan, reclamation and vegetation plan and bond are required. The commissioner shall deny such permits for areas which cannot be granted a general permit under the provisions of this part;
  12. Institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the commissioner in carrying out the provisions of this part; and
  13. Issue regulations concerning blasting which are designed to protect the water resource, prevent off-site damage to citizens and property, and prevent spoil from being thrown off of the permitted area where no spoil placement is permitted by the approved reclamation plan.

Acts 1972, ch. 547, § 4; 1974, ch. 590, § 9; 1977, ch. 34, § 1; T.C.A., § 58-1543; Acts 1980, ch. 908, § 39.

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

  1. 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 (5) years from the date of its issuance. Such permit shall be granted by the commissioner only if the requirements and criteria set forth in subdivisions (a)(3)-(9) and any rules and regulations pertaining to those requirements are satisfied, and only upon the submission by the operator and approval by the commissioner of a bond as provided in § 59-8-207 and a mining and reclamation plan as provided in § 59-8-208.
    1. The granting of such permit shall also be subject to payment by the operator of the fee prescribed in § 59-8-206 and upon submission of the following information:
      1. The name and permanent address of the operator as well as any temporary address to be used by the operator in connection with the operation covered by the permit. If the operator is other than an individual or corporation, the names and permanent addresses of all persons having an interest in the operation shall be listed. If the operation is a corporation, the names and permanent addresses of all persons owning ten percent (10%) or more of the stock shall be listed;
      2. A map showing the general location of the affected area with relation to property lines, nearby towns, county lines, public roads, and streams;
      3. Identification of any surface mining permit or permits which the operator (or any person having an interest in the operation) holds or has previously held in Tennessee, together with a statement of whether or not any surface mine permit previously held by applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation or revegetation requirements of such surface mining permit or permits, and a statement of whether or not any surface mine permit in any other state previously held by the applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation and revegetation requirements of such permit and the penalty imposed, if any, in addition to such suspension, revocation or termination;
      4. Identification of the owner or owners or designated representative of the surface of the area affected by the permit, and the identification of the owner or owners of all surface area within five hundred feet (500') of any part of the area;
      5. Identification of the owner or owners of the minerals to be mined;
      6. Identification of the source of the operator's legal right to enter and mine the minerals on the land affected by the permit; and
      7. A copy of the operator's discharge permit from the division of water quality control, or a letter from the division of water management stating that no discharge will take place and, therefore, no permit is required.
    2. The commissioner may provide for amendment of the permit of any operator who is otherwise complying with the provisions of this part upon payment of the specified supplemental fee. If the application for an amendment of the permit provides for an increase or reduction in the acreage covered by it, the operator shall specify in writing any pertinent changes in the information furnished in the original application for a permit, and shall amend the bond and the mining and reclamation plan previously submitted, as necessary or appropriate to carry out the provisions of this part. The commissioner's approval of a proposed amendment of the permit shall be subject to the commissioner's approval of the revised (or a new) bond and mining and reclamation plan, and further, subject to the commissioner's determination that the amendment satisfies the requirements and criteria set forth in subdivisions (a)(3)-(9), as well as any rules and regulations pertaining to those requirements.
    3. An on-the-ground inspection of the proposed affected area will be made by the commissioner or the commissioner's representative before a permit is issued.
    4. No application for a permit shall be approved by the commissioner if there is found, on the basis of the information set forth in the application or by on-the-ground inspection, that the requirements of this part, or regulations stemming therefrom, will not or cannot be observed, or that there is probable cause to believe that the proposed method of operation, road system construction, shaping or revegetation of the affected area cannot be carried out in a manner consistent with the purpose of this part and applicable air, noise, and water quality standards of this state.
    5. If the commissioner finds that the overburden on any part of the area of land described in the application would be such that landslides, deposition of sediment in stream beds or water pollution cannot be strictly controlled, the commissioner shall delete such part of the land from the area for which the permit is granted.
    6. No permit for mining shall be granted if:
      1. The applicant has had a Tennessee surface mine permit revoked or suspended and the bond forfeited;
      2. The applicant is or was a partner in a partnership or was an officer, director or owner of ten percent (10%) or more of the stock of a corporation which has had a Tennessee surface mine permit revoked or suspended and the bond forfeited; or
      3. In the event that the applicant is a corporation or partnership, any partner in the partnership, or any officer, director or owner of ten percent (10%) or more of the stock of the corporation has had a Tennessee surface mine permit revoked or suspended and bond forfeited;

        unless the area covered by the previously suspended or revoked permit has been completely reclaimed by the responsible operator in compliance with the provisions of this part at no cost to the state.

    7. If the commissioner finds that any part of the operation would constitute a hazard to a dwelling house, public building, school, church, cemetery, commercial or institutional building, public road, stream, lake, reservoir, water wells, officially designated scenic areas or other private or public property, the commissioner shall delete such part of the land from the area for which the permit is granted.
    8. The applicant for a surface mining permit shall give public notice at least one (1) day prior to the filing of an application in a newspaper of general circulation covering the county where the proposed surface mine is to be located of the applicant's intent to operate a surface mine, and its proposed location. The information to be included in the public notice shall conform to regulations issued by the commissioner. In addition, the commissioner will receive any written statements from any interested person or groups of persons, and such statements shall be taken into consideration when the commissioner makes a determination of the application. The commissioner shall then, in not less than forty-five (45) nor more than sixty (60) days from the filing of the application for a permit, either approve application or notify the operator in writing, stating in detail the reason for not approving the application. If the application is approved, the permit will be granted upon the posting of the required bond. The action on the part of the commissioner in failing to grant any permit may be appealed to the board and the courts as provided in the Tennessee Coal Surface Mining Law of 1980, compiled in part 3 of this chapter.
    9. Any holder of a valid surface mining permit issued pursuant to this part who wishes to continue the operation beyond the original permit expiration date shall make application for renewal within sixty (60) days prior to the expiration date of such permit, and upon meeting the requirements set forth in subdivisions (a)(1)-(9), and any rules and regulations pertaining to those requirements, the renewal shall be granted.
  2. Permits and the associated applications, hearings, and other actions required by this section and part shall be conducted in accordance with title 13, chapter 18 when the permit or action involves a major energy project, as defined in § 13-18-102.

Acts 1972, ch. 547, § 5; 1974, ch. 590, §§ 3, 4; 1976, ch. 605, § 1; 1977, ch. 164, §§ 2, 4; T.C.A., § 58-1544; Acts 1980, ch. 695, § 2; 1980, ch. 908, § 40; 1981, ch. 131, § 37; 1990, ch. 890, §§ 1, 2.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mines and Minerals, § 14.

Law Reviews.

Legislative Clarification of the Correlative Rights of Surface and Mineral Owners (J. Stephen Dycus), 33 Vand. L. Rev. 871.

NOTES TO DECISIONS

1. Public Policy.

Plaintiff excavator, who in violation of the Tennessee Surface Mining Law, compiled in title 59, ch. 8, part 2, performed excavation work on lands represented by mining operator as his leasehold until he was served with an order to cease and desist, and subsequently sought to recover from true lessee who allegedly agreed to pay for plaintiff's mining activities, would not be permitted to recover on public policy grounds. McDaniel v. McCall, 655 S.W.2d 155, 1983 Tenn. App. LEXIS 588 (Tenn. Ct. App. 1983).

Decisions Under Prior Law

1. In General.

T.C.A. § 66-5-102 and former T.C.A. § 59-8-205(1)(F)(ii) concerning surface mining of coal do not encroach upon the domain of the judiciary but rather codify the age-old, common-law rule that the intent of the parties governs in the construction of contracts, deeds, wills and the like; the statutes create no irrebuttable presumptions and exclude no evidence from consideration and thus do not affect the courts' customary function of ascertaining the parties' intent based upon all the evidence. Doochin v. Rackley, 610 S.W.2d 715, 1981 Tenn. LEXIS 397 (Tenn. 1981).

2. Constitutionality.

Strip mining regulation contained in former T.C.A. § 59-8-205(1)(F)(ii) and in T.C.A. § 66-5-102 does not deny equal protection, as the legislative classification is reasonably related to legitimate public interests. Doochin v. Rackley, 610 S.W.2d 715, 1981 Tenn. LEXIS 397 (Tenn. 1981).

Since neither the plaintiff miners nor their predecessor in title was ever conveyed the legal right to strip mine, T.C.A. § 66-5-102 and former T.C.A. § 59-8-205(1)(F)(ii) concerning surface mining of coal did not unconstitutionally affect plaintiffs' contract rights or deprive them of property without due process, for the statutes merely codified the common law governing the construction of deeds and other such contracts. Doochin v. Rackley, 610 S.W.2d 715, 1981 Tenn. LEXIS 397 (Tenn. 1981).

59-8-206. Fees.

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 dollars ($2,500) for such acreage fee, but in subsequent years no acreage fee will be charged for any acre on which the acreage fee has already been paid in the preceding years. No permit fee shall be charged for land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area. The supplemental basic fee for an amendment of a permit shall be fifty dollars ($50.00), and to the extent the amendment entails an increase or decrease in the acreage covered by the permit, the total acreage fee paid for the year shall be correspondingly increased or decreased by the amount per acre or fraction thereof specified hereinabove.

Acts 1972, ch. 547, § 6; 1974, ch. 590, § 11; T.C.A., § 58-1545; Acts 1980, ch. 908, § 41; 1990, ch. 890, § 3.

59-8-207. Performance bonds.

  1. 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; provided, however, that the operator may elect to deposit cash, irrevocable letters of credit or certificates of deposit with the state treasurer in lieu of a corporate surety if the instruments are executed in accordance with guidelines set forth by the commissioner. The state treasurer shall receive and hold the deposits in the name of the state of Tennessee, in trust, for the purposes for which the deposit is made and shall at all times be responsible for the custody and safekeeping of the deposits. The operator making the deposit shall be entitled from time to time to demand and receive from the treasurer, on the written order of the commissioner, the whole or any portion of any instruments so deposited upon depositing with the treasurer, in lieu of the deposits, other instruments of the classes specified in this section having a value at least equal to the sum of the bond or instrument and also to demand and recover any interest income from instruments as the interest becomes due and payable.
  2. The bond or cash deposit or marketable value of the securities, which shall be conditioned upon the faithful performance of the provisions of this part, shall not be less than six hundred dollars ($600) for each estimated acre or fraction thereof affected by the respective operation. Liability under such bond shall be continuous until the reclamation provisions of this part have been fulfilled. The amount of the bond shall be increased or decreased to take account of any change in the acreage covered by the permit as provided in § 59-8-205(a)(2).
  3. In those counties requiring a performance bond of two thousand dollars ($2,000) or more per acre, the operator may at the operator's option present evidence of such bond to the commissioner in lieu of filing a bond with the commissioner. The commissioner may in the commissioner's discretion accept such evidence of the existence of such a performance bond in lieu of a bond filed with the commissioner. However, if the bond is released by county authorities prior to such time as the commissioner would normally release all or part of it, the commissioner may require a new performance bond to be filed as required by this section.
  4. No performance bond shall be charged for land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area.

Acts 1972, ch. 547, § 7; 1974, ch. 590, §§ 5, 12; T.C.A., § 58-1546; Acts 1980, ch. 908, § 42; 2009, ch. 211, § 2.

Compiler's Notes. For the Preamble to the act concerning reclamation after extraction of minerals on state-owned land, please refer to Acts 2009, ch. 211.

NOTES TO DECISIONS

1. Amount of Bond Forfeited.

In the absence of expressed or implied provisions to the contrary, where a bond is given to a public body as a condition for obtaining a permit and the bond is conditioned on compliance with a specific statute and the rules and regulations promulgated and adopted by the commissioner of environment and conservation, the full penalty of such bond is recoverable in the event of a breach. State v. Gulf American Fire & Casualty Co., 680 S.W.2d 455, 1984 Tenn. LEXIS 876 (Tenn. 1984).

A bond under title 59, ch. 8 is penal in nature and the full amount must be forfeited, not just the amount of damages suffered and proved by the state. State v. Gulf American Fire & Casualty Co., 680 S.W.2d 455, 1984 Tenn. LEXIS 876 (Tenn. 1984).

59-8-208. Mining and reclamation plans.

  1. 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 the area to approximately the original or rolling topography, and elimination of all highwalls, spoil piles, and water-collecting depressions to the extent that such can be done with available overburden. Demonstrated new technology methods, approved by the commissioner, will be acceptable for highwall elimination and those established spoil piles, which no longer pose hazards to the environment as determined by the commissioner, shall not be included;
    2. Water drainage and silt control for all the affected areas so as to strictly control soil erosion, damage to adjacent lands, and pollution of streams and other waters, both during and following the mining operations. As mining begins, all drainways for the affected area shall be protected with silt traps or dams of approved design as directed by the regulations. The operator may elect to impound water to provide lakes or ponds of approved design for wildlife, recreational, or water supply purposes if it is a part of the approved reclamation plan;
    3. Revegetation of the affected area as provided in § 59-8-209;
    4. If the land is restored to permit cultivating with normal farm machinery, the operator is relieved of all further rehabilitation, except seeding with grass or legumes during the next growing season for quick erosion control;
    5. Carrying out any additional reclamation work required by the rules and regulations adopted by the commissioner;
    6. A description of the use to which the area affected will be placed at the conclusion of reclamation; and
    7. When mining is temporarily terminated at a particular mining site or sites with substantial minerals remaining for probable future production, the operator is permitted to reclaim mined areas other than those included in the operator's current operations in lieu of reclaiming the mined areas where the mining has temporarily ceased.
  2. In addition to the requirements specified in subsection (a), the mining and reclamation plan submitted by the operator in connection with the operator's application for a permit shall include a detailed topographic map, prepared by a qualified engineer, geologist or other qualified professional approved by the commissioner, on a United States geological survey map, or aerial photograph, or equivalent as may be approved by the commissioner, and on such scale as the commissioner shall require by regulation showing:
    1. The area of land affected, the location of the stream or streams or any standing body of water into which the area drains, the location of drainways and the planned siltation traps and other impoundments, and the location of haul or other access roads to be prepared or used by the operator in the mining operation;
    2. The location of any buildings, cemeteries, public highways, railroad tracks, gas and oil wells, publicly owned land, officially designated scenic areas, utility lines, underground mines, transmission lines or pipe lines within the affected area or within five hundred feet (500') thereof;
    3. The approximate location of the cuts or excavations to be made in the surface and the estimated location and height of spoil banks, and the total number of acres involved in the area of land affected; and
    4. The date the map was prepared, together with a certification as to its accuracy by the person responsible for its preparation.
  3. The surface mining application will be accompanied by a detailed mining plan showing the depth and character of overburden; the thickness of the mineral being mined; method of mining; mine waste disposal areas; the manner, timing and distance for backfilling, grading work; final mine waste disposal areas and final shape of stable slope; and a reclamation plan for haul roads that are to be left, which proposals shall meet the provisions of this section and all rules and regulations adopted pursuant thereto by the commissioner. The application shall assure that all reshaping will be completed within such time as permitted by the commissioner's regulations which shall not be more than three (3) months, weather permitting, after completion of the removal of the mineral being mined.
  4. The mining and reclamation plan may, with the commissioner's approval, be changed at any time upon application of the operator, to take account of changes in conditions or to correct any previous oversight. After approval of a mining and reclamation plan or any amendment thereof by the commissioner, the operator shall not depart therefrom without the commissioner's further approval. The plan shall be carried out concurrently with the surface mining operation and all of the reclamation work shall be completed with respect to each acre within such time as permitted by the commissioner's regulations, which shall not be more than one (1) year after completion of the mining operation with respect to each such acre. Each operator shall file periodic reports, within such times and covering such periods as the commissioner shall reasonably require, showing those portions of the affected area for which reclamation in accordance with the approved plan has been completed. The commissioner shall inspect such areas and shall notify the operator whether the reclamation is accepted as being in accordance with the approved plan or whether there are deficiencies which must be corrected.
  5. Any plan required by this section or part shall be prepared in accordance with the procedures set out in title 13, chapter 18 when such plan involves a major energy project, as defined in § 13-18-102.

Acts 1972, ch. 547, § 8; 1974, ch. 590, §§ 6, 7; 1975, ch. 310, § 2; 1976, ch. 752, § 2; 1978, ch. 679, § 2; T.C.A., § 58-1547; Acts 1980, ch. 695, § 3; 1980, ch. 908, § 43; 1981, ch. 131, § 38; 1992, ch. 1011, § 1.

59-8-209. Revegetation plan.

  1. 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 designed to achieve quick and permanent soil stabilization by the planting of trees or shrubs or grasses or legumes or any prescribed combination thereof. The operator's obligation under the provisions of this part shall not be deemed discharged until the operator has provided revegetation which conforms to the revegetation standards established by the commissioner.
  2. After the initial planting of the vegetative cover in accordance with the approved plan, the commissioner shall issue to the operator and the operator's surety a release of the surety bond for each acre of the affected area with respect to which the approved reclamation plan has been carried out, less the sum of three hundred dollars ($300) which shall be in force and effect until satisfactory revegetation survival has been accomplished, the revegetation plan previously approved by the commissioner has been carried out, the commissioner has determined that further efforts toward revegetation are impractical, or until it has been forfeited by the operator.

Acts 1972, ch. 547, § 9; 1974, ch. 590, § 8; T.C.A., § 58-1548; Acts 1980, ch. 695, § 4; 1980, ch. 908, § 44.

59-8-210. Annual report to be filed with commissioner.

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, and such other information as the commissioner may reasonably require in carrying out the provisions of this part. If the report and the commissioner's inspection of the area affected show that the operator has complied fully with this part, the commissioner shall approve the report and shall release the operator's bond, or the remainder thereof if any portion has already been released under other provisions of this part. If the commissioner does not approve the report, the bond shall not be released until the operator corrects the deficiencies found by the commissioner.

Acts 1972, ch. 547, § 10; T.C.A., § 58-1549.

59-8-211. Notice of noncompliance — Forfeiture of bond.

  1. 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 served upon the operator, or, where found necessary, the commissioner shall order suspension of a permit. Such notice or order shall be handed to the operator in person or served by certified mail addressed to the permanent address shown on the application for a permit. The notice of noncompliance or order of suspension shall specify in what respects the operator has failed to comply with this chapter or the regulations or orders of the commissioner.
  2. If the operator has not reached an agreement with the commissioner or has not complied with the requirements set forth in the notice of noncompliance or order of suspension within time limits set therein, the permit may be revoked by order of the commissioner and the performance bond shall then be forfeited to the commissioner. When a bond is forfeited pursuant to this part, the commissioner shall give notice to the attorney general and reporter who shall collect the forfeiture.

Acts 1972, ch. 547, § 11; T.C.A., § 58-1550.

NOTES TO DECISIONS

1. Amount of Bond Forfeited.

In the absence of expressed or implied provisions to the contrary, where a bond is given to a public body as a condition for obtaining a permit and the bond is conditioned on compliance with a specific statute and the rules and regulations promulgated and adopted by the commissioner, the full penalty of such bond is recoverable in the event of a breach. State v. Gulf American Fire & Casualty Co., 680 S.W.2d 455, 1984 Tenn. LEXIS 876 (Tenn. 1984).

A bond under title 59, ch. 8 is penal in nature and the full amount must be forfeited, not just the amount of damages suffered and proved by the state. State v. Gulf American Fire & Casualty Co., 680 S.W.2d 455, 1984 Tenn. LEXIS 876 (Tenn. 1984).

59-8-212. Tennessee surface mine reclamation fund — Other available funds. [Current version. See second version of section and Compiler's Notes.]

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 be available to the commissioner for expenditure for the reclamation and revegetation of land affected by surface mining operations, including lands so affected prior to enactment of this part; provided, that the proceeds from the forfeiture of any bond shall be used to the extent required in completing reclamation and revegetation of the area with respect to which the bond was posted. Any unencumbered and any unexpended balance of this fund remaining at the end of any fiscal year shall not lapse but shall be carried forward for the purpose of reclamation and revegetation of land as provided in this section until expended.

Acts 1972, ch. 547, § 12; 1974, ch. 590, § 1; T.C.A., § 58-1551; Acts 1980, ch. 908, § 45.

NOTES TO DECISIONS

1. Legislative Intent.

The language that the proceeds from the forfeiture of a bond shall be “used to the extent required in completing reclamation and revegetation” of the area with respect to which the bond was posted indicated that the legislature contemplated that some amount would remain after the proceeds of the forfeited bond had been used to reclaim the land for which the bond was posted. This would not be true if the state were to recover only the amount necessary for reclamation or only the amount of damages it had suffered because of noncompliance. State v. Gulf American Fire & Casualty Co., 680 S.W.2d 455, 1984 Tenn. LEXIS 876 (Tenn. 1984).

59-8-212. Tennessee surface mine reclamation fund — Other available funds. [Contingent amendment. See first version of section and Compiler's Notes.]

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 be available to the commissioner for expenditure for the reclamation and revegetation of land affected by surface mining operations, including lands so affected prior to enactment of this part; provided, that the proceeds from the forfeiture of any bond shall be used to the extent required in completing reclamation and revegetation of the area with respect to which the bond was posted. The fund shall also be available to the commissioner for expenditures consistent with § 59-8-104. Any unencumbered and any unexpended balance of this fund remaining at the end of any fiscal year shall not lapse but shall be carried forward for the purpose of reclamation and revegetation of land as provided in this section until expended.

Acts 1972, ch. 547, § 12; 1974, ch. 590, § 1; T.C.A., § 58-1551; Acts 1980, ch. 908, § 45; 2018, ch. 839, § 2.

Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which amended this section, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment added the present third sentence.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

NOTES TO DECISIONS

1. Legislative Intent.

The language that the proceeds from the forfeiture of a bond shall be “used to the extent required in completing reclamation and revegetation” of the area with respect to which the bond was posted indicated that the legislature contemplated that some amount would remain after the proceeds of the forfeited bond had been used to reclaim the land for which the bond was posted. This would not be true if the state were to recover only the amount necessary for reclamation or only the amount of damages it had suffered because of noncompliance. State v. Gulf American Fire & Casualty Co., 680 S.W.2d 455, 1984 Tenn. LEXIS 876 (Tenn. 1984).

59-8-213. Utilizing services of other agencies or persons — Compensation — Funding.

  1. 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 federal funds, state funds, or any other funds for the reclamation of land affected by surface mining. The commissioner may cause the reclamation and revegetation work to be done by employees of the commissioner's department or by employees of other governmental agencies or through contracts with qualified persons. Such contracts shall be awarded to the lowest or best bidder upon competitive bids after reasonable advertisement.
  2. Any funds available to the commissioner and any public works program may be used and expended to reclaim any lands that have been subjected to surface mining that have not been reclaimed in accordance with standards set by this part or regulations thereunder and which are not covered by bond to guarantee such reclamation.

Acts 1972, ch. 547, § 13; T.C.A., § 58-1552.

59-8-214. Right of access.

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.

Acts 1972, ch. 547, § 13; T.C.A., § 58-1552.

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

  1. 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, and which in its present state is hazardous or otherwise detrimental to the health and safety of the citizens of the state, or which in its present state is damaging to off-site property or to the water quality of streams.
  2. Prior to acquiring any land pursuant to this section, the commissioner shall extend to the owners thereof an opportunity to reshape, plant and do other acts or reclamation thereon to the same extent and within the same time limits as prescribed in this part and regulations adopted pursuant thereto. If the owner or owners agree in writing to perform such reclamation and, weather permitting, start such reclamation within a period of sixty (60) days, the land shall not be acquired by the state.
  3. The commissioner shall attempt to purchase any land which the commissioner has determined should be acquired for the purpose of reclamation and which the owners have not agreed to reclaim as provided in subsection (b). In any case where the commissioner and the owners of the land are unable to agree upon the amount to be paid for the land, the commissioner may exercise the power of eminent domain against such land by filing a condemnation suit under any procedure as provided in title 29, chapter 16.
  4. The purchase price, in the case of a negotiated acquisition, or the damages as finally determined, in the case of acquisition by condemnation, and the necessary expenses incidental thereto, shall be paid from the Tennessee surface mine reclamation fund or appropriations made by the general assembly for such purposes and appropriations for which federal funds made available for such purposes have been credited.

Acts 1972, ch. 547, § 14; T.C.A., § 58-1553; Acts 1980, ch. 908, § 46.

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

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 appropriated and available therefor.

Acts 1972, ch. 547, § 15; T.C.A., § 58-1554.

59-8-217. Acquisitions and disposals of land after reclamation.

  1. 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 determined to be impractical, the commissioner may, with the approval of the governor and attorney general and reporter, sell such land to political subdivisions of this state at the cost of acquisition and reclamation or by public sale to the highest bidder. Such land shall be sold subject to the condition that no surface mining shall be conducted thereon at any time thereafter. The proceeds of any such sale shall be credited to the Tennessee surface mine reclamation fund as provided in § 59-8-212.
  2. No land with respect to which a bond conditioned upon the reclamation thereof is in effect shall be acquired pursuant to § 59-8-215, nor shall this part be construed to relieve any person from any obligation to shape, plant or perform other reclamation required by law.
  3. All acquisitions and disposals of land or any interest therein pursuant to the authority granted by this part shall be governed by the applicable provisions of title 12, chapters 1 and 2.

Acts 1972, ch. 547, § 16; T.C.A., § 58-1555; Acts 1980, ch. 908, § 47.

59-8-218 — 59-8-221. [Reserved.]

  1. Any person or operator who violates any of this part or regulations adopted pursuant thereto, or who fails to perform the duties imposed by these provisions or fails or refuses to obtain a permit as provided herein, or who violates any determination or order promulgated pursuant to this part, is liable to a civil penalty of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each day during which such violation continues, and in addition, may be enjoined from continuing such violation as hereinafter provided. Such penalties shall be recoverable in an action brought in the name of the state of Tennessee by the attorney general in the circuit court of Davidson County or in the circuit court having jurisdiction of the defendant, and all sums recovered shall be placed in the state treasury and credited to the Tennessee surface mining reclamation fund.
  2. It shall be the duty of the district attorneys general in the various circuits throughout the state, or the attorney general, upon the request of the commissioner, to bring an action for the recovery of the penalties herein provided for and to bring an action for a restraining order, temporary or permanent injunction, against any operator or other person violating or threatening to violate any of the provisions of this part or violating or threatening to violate any order or determination promulgated pursuant to this part.
  3. Any person who willfully and knowingly unlawfully falsifies any records, information, plans, specifications, or other data required by the board or the commissioner or who willfully fails, neglects, or refuses to comply with any of the provisions of this part is guilty of a Class B misdemeanor; provided, that no process by warrant, presentment or indictment shall be issued except upon application of the board or commissioner or such application for process authorized by them.
  4. Nothing in this part shall abrogate the right of any person who is materially or personally damaged or injured by the operation of a surface mine to seek remedies against the responsible person in the courts.

Acts 1972, ch. 547, § 20; T.C.A., § 58-1560; Acts 1980, ch. 908, § 49; 1989, ch. 591, § 112.

Cross-References. Penalty for Class B misdemeanor, § 40-35-11.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 4; 18 Tenn. Juris., Mines and Minerals, § 3.

NOTES TO DECISIONS

1. Effect of Bankruptcy.

A judgment representing a civil penalty for violations of the Tennessee Surface Mining Law is excepted by 11 U.S.C. § 523(a)(7) from a debtor's discharge in bankruptcy. In re Daugherty, 25 B.R. 158, 1982 Bankr. LEXIS 5420 (Bankr. E.D. Tenn. 1982).

59-8-223. Injunctive relief.

  1. When there is reason to believe that a person is violating or is about to violate or has violated any of the provisions of this part or any permits or orders issued thereunder, the commissioner may institute proceedings in the chancery court of the county in which the alleged violation occurred for injunctive relief to prevent continuance of such action or to correct the conditions resulting or about to result therefrom or both. The court shall grant the injunction without the necessity of showing a lack of adequate remedy at law upon a showing by the commissioner that such person is violating or about to violate or has violated one (1) or more of the provisions of this part. In such suits, the commissioner may obtain permanent or temporary injunctions, prohibitory or mandatory, and restraining orders.
  2. The commissioner may bring suit for injunctive enforcement of any order made by the commissioner when such order has become final as a result of any person's failure to appeal to the board, and such person has failed to comply with the order. In such suits, all findings of fact contained in the order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order. The order made by the commissioner in such cases shall be prima facie reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law. The board may likewise bring suit for enforcement of any order made by it, which has become final either by the failure of any person to appeal the board's order or by an appellate court's decision against any person who fails to comply with such final order. In such suits, the board's decision shall not be subject to challenge as to matters of law or fact, but the violator may proffer evidence showing that the violator has in fact complied with the board's order.
  3. Any suit for an injunction brought by the commissioner shall be filed in the chancery court of the county in which all or a part of the violation is or is about to occur, in the name of the department, by the district attorney general or by the attorney general at the direction of the commissioner or the board and under the supervision of the attorney general. Such proceedings shall not be tried by jury. Appeals from judgments or decrees of the chancery court in proceedings brought under the provisions of this part shall lie to the supreme court despite the fact that controverted questions of fact may be involved.

Acts 1972, ch. 547, § 21; 1974, ch. 590, § 10; T.C.A., § 58-1561.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mines and Minerals, § 3.

59-8-224. Supplemental nature of part.

This part shall not operate to repeal or affect any of the laws of the state relating to the pollution of the air or waters thereof, or any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto.

Acts 1972, ch. 547, § 22; T.C.A., § 58-1562.

59-8-225. Immediate conformity to statutes or regulations required.

Irrespective of date of issuance of a permit, all operators shall immediately conform to any statutes enacted or regulations adopted pursuant thereto on the effective date of such statute or regulation. This section shall not require the regrading or replanting of any area on which such work was satisfactorily performed prior to the effective date of the statute or regulation.

Acts 1972, ch. 547, § 23; T.C.A., § 58-1563.

59-8-226. Sanctions applicable only to mines in violation.

It is the intent of this part, and it is so understood that the commissioner is empowered under all the provisions of this part to suspend or revoke a mining permit or fail to grant a mining permit only to the extent of the one (1) or more mines that, in the opinion of the commissioner, violate or violates the provisions of such sections, and the commissioner is not empowered to shut down, suspend a mining permit, or fail to grant a mining permit on the other mines or prospective mines of the operator that are in compliance with the provisions of this part. In no event is the commissioner empowered to shut down any of the operations of an operator except the actual operation of the mine or mines, that, in the commissioner's opinion, violate the provisions of this part.

Acts 1972, ch. 547, § 24; T.C.A., § 58-1564.

59-8-227. [Reserved.]

Notwithstanding any law to the contrary, any exploration for minerals which is conducted solely by drilling or any other method which results in a drill hole of a diameter of six inches (6") or less shall be regulated only under former chapter 9 [repealed] of this title.

Acts 1980, ch. 695, § 5.

Compiler's Notes. Former chapter 9 of this title was repealed by Acts 1982, ch. 583.

Part 3
Tennessee Coal Surface Mining Law of 1980

59-8-301. State's power to acquire and reclaim land disturbed by past mining.

  1. This state, acting by and through the department of environment and conservation, may acquire any property, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the commissioner determines that acquisition of such land is necessary to successful reclamation and that:
    1. The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and
    2. Permanent facilities such as treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or
    3. Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this part or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of coal mining practices.
  2. Prior to the acquisition of any property pursuant to this section, using exclusively state funds, the commissioner shall extend to the owners of the property an opportunity to regrade the area affected, correct drainage problems, plant vegetative cover, and do other acts of reclamation as required by the commissioner. If the owner or owners agree in writing to perform such reclamation and, weather permitting, start such reclamation within a period of sixty (60) days, and continue to completion, the property shall not be acquired by the state.
  3. The commissioner shall attempt to purchase any property which the commissioner has determined should be acquired for the purpose of reclamation using exclusively state funds and which the owners have not agreed to reclaim as provided for in subsection (b). Where the commissioner and the owners of the property are unable to agree upon the amount to be paid for such property, the commissioner may exercise the power of eminent domain against such property.
  4. The purchase price, in the case of a negotiated acquisition, or the damages as finally determined in the case of acquisition by condemnation, and the necessary expenses incidental thereto, shall be paid from the Tennessee surface mine reclamation fund, the federal abandoned mine reclamation fund with the approval of the secretary, or from appropriations made by the general assembly for such purposes.
  5. The commissioner, or the commissioner's agents, employees, or contractors, shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare, and shall not be construed as an act of condemnation of property nor trespass thereon.
  6. If the commissioner makes a finding of fact that:
    1. Land or water resources have been adversely affected by past coal mining practices; and
    2. The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and
    3. The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or
    4. The owners will not give permission for the commissioner, the commissioner's agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices;

      then, upon giving notice by mail to the owners if known, or if not known, by posting notice upon the property and advertising once in a newspaper of general circulation in the county in which the property lies, the state shall have the right to enter upon the property adversely affected by past coal mining practices, and any other property which is necessary for access to such property, to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such property so entered upon shall be chargeable against such property, and shall mitigate or offset any claim or action brought by any owner of any interest in such property for any alleged damages by virtue of such entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities.

  7. Title to all property acquired pursuant to this section shall be in the name of the state of Tennessee. The price paid for property acquired under this section shall reflect the market value of the property in its unreclaimed condition as adversely affected by past coal mining practices.
  8. After the reclamation of the acquired property, the commissioner may, with the approval of the governor, where property has been reclaimed exclusively with state funds, or with the approval of the secretary, where funds from the federal abandoned mine reclamation fund have been used, transfer jurisdiction of such property or any portion thereof to any state or federal agency that can best utilize such property for public purposes. If the retention of any property is determined to be impractical, the commissioner may, with the approval of the governor and attorney general and reporter, where property has been reclaimed exclusively with state funds, or with the approval of the secretary, where funds from the federal abandoned mine reclamation fund have been used, sell such property at not less than fair market value to political subdivisions of the state or by public sale under a system of competitive bidding at not less than fair market value and under such other regulations promulgated to ensure that such lands are put to proper use consistent with local and state land use plans, if any. Such property shall be sold subject to the condition that no surface mining shall be conducted thereon at any time thereafter. The proceeds of any such sale shall be credited to the Tennessee surface mine reclamation fund provided for in § 59-8-212 if it has been reclaimed exclusively with state funds, or to the federal abandoned mine reclamation fund, if it has been reclaimed with funds from that source.
  9. No property with respect to which a bond conditioned upon the reclamation thereof is in effect shall be acquired pursuant to this section, nor shall any provisions of this part be construed to relieve any person from any obligation to regrade, vegetate or perform other reclamation required by law.
  10. All acquisitions and disposals of property or any interest therein pursuant to the authority granted by this part, shall be governed by the applicable provisions of title 12, chapters 1 and 2, where not inconsistent with the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. §§ 1201-1328).
  11. The commissioner, when requested after appropriate public notice, shall hold a public hearing in the county or counties in which property acquired pursuant to this section is located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the property after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
  12. In addition to the authority to acquire property under this section, this state, and its political subdivisions, acting by and through the department, are authorized to accept property transferred by the secretary, if the secretary determines that such transfer is an integral and necessary element of an economically feasible plan for the project to construct or rehabilitate housing for persons disabled as the result of employment in the mines or work incidental thereto, persons displaced by acquisition of land pursuant to this section, or persons dislocated as the result of adverse effect of coal mining practices which constitute an emergency as provided in 30 U.S.C. § 1240, or persons dislocated as the result of natural disasters or catastrophic failures from any cause. Such activities shall be accomplished under such terms and conditions as the secretary shall require, which may include transfers of land with or without monetary consideration; provided, that, to the extent that the consideration is below the fair market value of the land transferred, no portion of the difference between the fair market value and the consideration shall accrue as a profit to such persons, firm, association, or corporation. No part of the funds provided under this part may be used to pay the actual construction costs of housing. The secretary may carry out the purposes of this subsection (l ) directly or the secretary may make grants and commitments for grants, and may advance money under such terms and conditions as the secretary may require to the state, or any department, agency, or instrumentality of the state, or any public body or nonprofit organization designated by the commissioner.
  13. In the reclamation of property affected by surface coal 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 services. The commissioner may also receive any federal funds, state funds, or any other funds for the reclamation of property affected by surface coal mining. The commissioner may cause the reclamation and revegetation work to be done by employees of the commissioner's own department or by employees of other governmental agencies or through contracts with qualified persons. Such contracts shall be awarded to the lowest and best bidder upon competitive bids after reasonable advertisement. 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 property affected to carry out such reclamation. Any funds available to the commissioner and any public works program may be used and expended to reclaim any property that has been subjected to surface mining that has not been reclaimed in accordance with standards set by this part or regulations thereunder and which are not covered by bond to guarantee such reclamation.

Acts 1980, ch. 908, § 24; 1984, ch. 837, § 3; T.C.A. § 59-8-324.

Code Commission Notes.

This section was renumbered from § 59-8-324 by authority of the Code Commission in 2018.

Compiler's Notes. Former §§ 59-8-30159-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.

Cross-References. Eminent domain, title 29, ch. 16.

59-8-302. Liens.

  1. Whenever the commissioner begins to expend money on a project to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned property under § 59-8-301(f), the commissioner may file a notice with the office of the register of deeds of the county in which the property lies.
    1. Within six (6) months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned property under § 59-8-301(f), the commissioner shall itemize the moneys so expended and shall file a statement thereof in the office of the register of deeds of the county in which the property lies, together with notarized appraisals by an independent appraiser of the value of the property before and after the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices, if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon such land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the property as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this subsection (b), who owned the surface prior to May 2, 1977, and who neither consented to nor participated in, nor exercised control over, the mining operation which necessitated the reclamation performed hereunder.
    2. In the year following the year in which the lien is filed in the designated county office and for each year thereafter until the lien is fully satisfied, the designees of the commissioner shall calculate an annual interest charge of five percent (5%) against the outstanding value of each lien, and shall maintain a record of the charges owing against such lien which shall be made available to the property owner upon request. This interest charge may be allowed to accrue but must be paid in full before the lien shall be considered fully satisfied and shall be released.
  2. The property owner may proceed as provided by law to petition within sixty (60) days of the filing of the lien, to determine the increase in the market value of the property as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount appraised to be the increase in value of the property shall constitute the amount of the lien, and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by state law.
  3. The lien provided in this section shall be entered in the records of the register of deeds of the county in which the property lies. Such statements shall constitute a lien upon such property as of the date notice is filed pursuant to subsection (a), and shall have priority from the day of such filing of notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of the notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice. A lien on private property, and the accrued interest charges placed thereon, shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership, any other statute to the contrary notwithstanding.
  4. A form of notice substantially as follows is sufficient to comply with subsection (a):

    NOTICE OF LIEN UNDER TENNESSEE COAL SURFACE MINING LAW OF 1980

    Name of titleholder(s)

    Property address

    Description of property subject to possible lien sufficient to identify such property

    Date, signature, and address of the commissioner or the commissioner's authorized designee

    The register of deeds shall note the date and time of filing, and an appropriate registration number, and shall record the notice in the lien book in the office of the register.

  5. The effective date of all prior liens claimed under this chapter shall be unaffected by the 1986 amendment to this section if a notice is filed in accordance with subsection (a) on or before December 31, 1986, which notice shall set forth, in addition to the information required by subsection (e), the claimed effective date of the lien if earlier than the date of the filing of the notice. After December 31, 1986, all claimed liens shall be effective as of the date the notice is filed pursuant to subsection (a).

Acts 1980, ch. 908, § 25; 1983, ch. 147, §§ 1, 2; 1984, ch. 837, § 4; 1986, ch. 529, § 1; 1988, ch. 549, § 1; T.C.A. § 59-8-325.

Code Commission Notes.

This section was renumbered from § 59-8-325 by authority of the Code Commission in 2018.

Compiler's Notes. The 1986 amendment to this section, referred to in subsection (f), added (a), (e), and (f) and amended (d).

Former §§ 59-8-30159-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.

Cross-References. Recording and enforcement of liens, §§ 66-21-10166-21-104, 66-21-10666-21-107, 66-21-109, title 66, ch. 21, part 2.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

59-8-303. Tennessee surface mine reclamation fund.

  1. All sums received through the payment of permit and acreage fees, fines, penalties, 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.
  2. This fund, appropriations for which are also authorized, shall be available to the commissioner for expenditure for reclamation and revegetation of land and water affected by mining and exploration operations both on and off site and related research, including areas so affected prior to May 2, 1980.
  3. Any unencumbered and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended for the purpose of research, reclamation, and revegetation of land and water affected by mining and exploration operations as provided in this section.
  4. Any portion of the fund which represents permit and acreage fees and interest thereon shall be transferred to the department for administration and enforcement of this part. All such revenue and any interest thereon which is unexpended or unobligated at the end of any fiscal year shall not revert to the general fund but shall be carried forward in a reserve to remain available for expenditure by the department for such administration and enforcement. Such reserve shall not be subject to allotment impoundment and shall be maintained on a no quarter basis. Such reserve may also be expended by the department to develop a program to obtain primacy for the regulation and enforcement of surface mining activities pursuant to the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. §§  1201 — 1328).

Acts 1980, ch. 908, § 26; 1984, ch. 837, § 5; 1987, ch. 251, § 2; T.C.A. § 59-8-326.

Code Commission Notes.

This section was renumbered from § 59-8-326 by authority of the Code Commission in 2018.

Compiler's Notes. Former §§ 59-8-30159-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.

59-8-304. Definitions for §§ 59-8-304 — 59-8-309. [See contingent amendment to subdivision (1) and the Compiler’s Notes.]

As used in §§ 59-8-30459-8-309, unless the context otherwise requires:

[Current version. See second version for contingent amendment and Compiler's Notes.]

  1. “Board” means the Tennessee board of water quality, oil, and gas [See the Compiler's Notes] as created by [former] § 59-8-321 [repealed. See Compiler's Notes];

    [Contingent amendment. See the Compiler's Notes.]

  2. “Commissioner” means the commissioner of environment and conservation, the commissioner of environment and conservation's duly authorized representatives, and in the event of absence or a vacancy in the office of commissioner, the deputy commissioner;
  3. “Department” means the department of environment and conservation; and
  4. “Director” means the director of the division of water pollution control in the department of environment and conservation.

“Board” means the Tennessee board of energy and natural resources created by § 69-3-104;

Acts 1984, ch. 837, § 6; 1987, ch. 251, § 3; 1992, ch. 693, § 1; T.C.A § 59-8-351; Acts 2018, ch. 839, § 6.

Code Commission Notes.

This section was renumbered from § 59-8-351 by authority of the Code Commission in 2018.

Compiler's Notes. Former § 59-8-321, referred to in this section, was repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board created by § 69-3-104, by Acts 1991, ch. 117, § 4. The former water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

Former §§ 59-8-30159-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking, upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment rewrote the definition of “board” by substituting “board of energy and natural resources, created by § 69-3-104” for “board of water quality, oil, and gas as established pursuant to former § 59-8-321”.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-305. Violations — Penalties.

  1. Any person who willfully and knowingly does any of the following acts is guilty of a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000):
    1. Mines more than twenty-five (25) tons of coal within twelve (12) successive calendar months, regardless of the size of the mine site, without obtaining a permit for such mine from the commissioner or the primary regulatory authority pursuant to 30 U.S.C. § 1201 et seq., or without a permit for such mine obtained pursuant to this part prior to October 1, 1984;
    2. Knowingly and willfully violates this chapter, or the rules and regulations or orders of the commissioner, or knowingly falsifies an application for a permit; or
    3. Prevents or impedes an employee of the state from performing the employee's duty under this part, except as permitted by law.
  2. Whenever a corporation commits the acts described in this section, the director, officer or agent of such corporation who willfully and knowingly authorized, ordered or carried out such violation, failure or refusal shall be subject to the same fines and imprisonment that may be imposed under this section.
  3. All penalties and fines recovered under this section shall be placed in the state treasury and credited to the Tennessee surface mine reclamation fund.

Acts 1984, ch. 837, § 6; 1987, ch. 251, § 4; 1989, ch. 591, § 77; T.C.A. § 59-8-352.

Code Commission Notes.

This section was renumbered from § 59-8-352 by authority of the Code Commission in 2018.

Compiler's Notes. Former §§ 59-8-30159-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.

Cross-References. Penalty for Class E felony, § 40-35-111.

Surface mine reclamation fund, § 59-8-326.

59-8-306. Applicability of prior law.

  1. Any person who obtained a permit from the state for coal surface mining prior to May 3, 1978, and whose bond had not been released in full, shall be subject to all requirements regarding the performance standards, permit, bonding and reclamation in existence as of the date such permit was issued, which laws and regulations shall remain in full force and effect solely for the purpose of state regulation of such sites.
  2. Any person who obtained a permit from the state for coal surface mining prior to September 30, 1984, but after May 3, 1978, and upon whom bond forfeiture has been commenced by the department prior to October 1, 1984, shall be subject to all requirements regarding performance standards, permit, bonding and reclamation in existence as of the date such permit was issued, which laws and regulations shall remain in full force and effect for such purpose until the bond is collected or released. This subsection (b) shall be null and void if the secretary of the interior assumes any jurisdiction over such bond forfeitures.
  3. All penalty provisions and enforcement and administrative powers and duties in existence as of the date such permits were issued shall remain in force and effect for the administration and enforcement of subsections (a) and (b) by the commissioner and the department. All administrative review and judicial review for the purposes of this section shall be in accordance with [former] §§ 59-8-321 [repealed. See the Compiler's Notes] and [former] 59-8-322 [repealed. See the Compiler's Notes].

Acts 1984, ch. 837, § 6; T.C.A. § 59-8-353.

Code Commission Notes.

This section was renumbered from § 59-8-353 by authority of the Code Commission in 2018.

Compiler's Notes. Former §§ 59-8-321 and 59-8-322, referred to in this section, concerning the former board of reclamation review, were repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board created by § 69-3-104, by Acts 1991, ch. 117, § 4. The former water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

Former §§ 59-8-30159-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.

59-8-307. When permits required.

Any person who mines more than twenty-five (25) tons of coal within twelve (12) successive calendar months in this state, regardless of the size of the mine site, must obtain a permit for such mine from the commissioner or the primary regulatory authority.

Acts 1984, ch. 837, § 6; 1987, ch. 251, § 5; T.C.A. § 59-8-354.

Code Commission Notes.

This section was renumbered from § 59-8-354 by authority of the Code Commission in 2018.

Compiler's Notes. Former §§ 59-8-30159-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.

59-8-308. Commissioner and personnel — Powers.

The commissioner shall have the authority to:

  1. Employ and commission qualified persons as surface mine reclamation personnel. When properly qualified and commissioned, such personnel shall be vested with such authority as is necessary to enforce all laws, regulations, permits, and orders administered by the department, including the issuance of service of process and shall have the right to carry firearms or other arms while on duty;
  2. Make such investigations or inspections as are necessary to ensure compliance with any provisions of §§ 59-8-304 — 59-8-309, including the right to enter at any time upon a suspected or affected area for such purposes and the right of ingress and egress across intervening properties.

Acts 1984, ch. 837, § 8; T.C.A. § 59-8-355.

Code Commission Notes.

This section was renumbered from § 59-8-355 by authority of the Code Commission in 2018.

Compiler's Notes. Former §§ 59-8-30159-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.

59-8-309. Rules and regulations.

All rules and regulations promulgated and now in force for the abandoned mine land reclamation program, published by the secretary of state as chapter 0400-1-24 shall remain in full force and effect. All other rules and regulations promulgated pursuant to this part, except as otherwise provided in §§ 59-8-30459-8-309, are repealed.

Acts 1984, ch. 837, § 7; T.C.A. § 59-8-356.

Code Commission Notes.

This section was renumbered from § 59-8-356 by authority of the Code Commission in 2018.

Compiler's Notes. Former §§ 59-8-30159-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.

Part 4
Coal Surface Mining Act of 1987

59-8-401. Short title.

This part shall be known and cited as the “Coal Surface Mining Act of 1987.”

Acts 1987, ch. 251, § 1.

59-8-402. Legislative findings and intent.

  1. The purpose of this part is to establish a regulatory program which will allow coal surface mining as defined herein for operations which are exempt from the jurisdiction of the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) consistent with adequate environmental safeguards; except this part is not intended to regulate coal surface mining operations where less than twenty-five (25) tons of coal are removed within twelve (12) successive calendar months in any one (1) location regardless of the size of the area affected.
  2. The general assembly finds that although the surface mining of coal on operations disturbing two (2) surface acres or less within this state provides a significant present source of energy and employment, the proper control of surface mining of coal, so as to minimize or prevent adverse disruptions and the injurious effects thereof, requires thorough planning in selection of appropriate coal surface mining sites, methods of coal surface mining and the nature and extent of reclamation; consideration of the impact of coal surface mining upon the ecology and land use of surrounding areas as well as upon the disturbed land of the coal surface mining site; and the incorporation and use of control techniques and reclamation actions as an integral and simultaneous part of coal surface mining.
  3. To the extent that the federal government defines or redefines its jurisdiction over coal surface mining operations within the scope of this part, it is the intention of the general assembly that the program substantially comply with the federal definitions.

Acts 1987, ch. 251, § 6.

59-8-403. Part definitions. [See contingent amendment to subdivision (2) and Compiler’s Notes.]

As used in this part, unless the context otherwise requires:

  1. “Affected area” means any land or water surface area which is used to facilitate, or is physically altered by, coal surface mining and reclamation operations. The affected area includes the disturbed area; any area upon which coal surface mining and reclamation operations are conducted; any adjacent lands, the use of which is incidental to coal surface mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for hauling coal to or from, coal surface mining and reclamation operations, except as provided in this definition; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; any areas upon which are sited structures, facilities, or other property; material on the surface resulting from, or incident to, coal surface mining and reclamation operations; and the area located above underground workings. The affected area includes every road used for purposes of access to, or for hauling coal to or from, coal surface mining and reclamation operations, unless the road:
    1. Was designated as a public road pursuant to the laws of the jurisdiction in which it is located;
    2. Is maintained with public funds, and constructed in a manner similar to other public roads of the same classification within the jurisdiction; and
    3. There is substantial (more than incidental) public use;

      [Current version. See second version for contingent amendment and Compiler's Notes.]

  2. “Board” means the Tennessee board of water quality, oil, and gas [See the Compiler's Notes] as established pursuant to [former] § 59-8-321 [repealed. See the Compiler's Notes];

    [Contingent amendment. See the Compiler's Notes.]

  3. “Coal surface mining and reclamation operations” means surface mining operations and all activities necessary and incidental to the reclamation of such operations;
  4. “Coal surface mining operations” means:
    1. Activities conducted on the surface of lands in connection with a coal surface mine. Such activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses of explosives and blasting, and loading of coal at or near the mine site; provided, however, that such activities do not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (162/3%) of the tonnage of minerals removed for purposes of commercial use or sale; and
    2. The areas upon which such activities occur or where such activities disturb the natural land surface. Such areas also include any adjacent land, the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities for haulage and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incidental to such activities;
  5. “Commissioner” means the commissioner of environment and conservation, the commissioner of environment and conservation's duly authorized representative, and in the event of absence or a vacancy in the office of commissioner, the deputy commissioner;
  6. “Director” means the director of the division of water pollution control in the department of environment and conservation;
  7. “Imminent danger to the health and safety of the public” means the existence of any condition or practice, or any violation of a permit or any other requirement of this part, in a coal surface mining and reclamation operation which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not personally expose oneself to the danger during the time necessary for abatement;
  8. “Lignite coal” means consolidated lignitic coal having less than eight thousand three hundred British thermal units (8,300 BTUs) per pound, moisture and mineral matter free;
  9. “Operator” means any person, partnership or corporation engaged in mining coal from the earth who removes or intends to remove more than twenty-five (25) tons of coal from the earth by surface mining or who removes overburden for the purpose of removing coal within twelve (12) successive calendar months in any one (1) location;
  10. “Permit” means a permit to conduct coal surface mining and reclamation operations issued by the commissioner pursuant to this part;
  11. “Permit applicant” or “applicant” means a person applying for a permit;
  12. “Permit area” means the area of land indicated on the approved map submitted by the operator with the operator's application, which area of land shall be covered by the operator's bond as required by this part and shall be readily identifiable by appropriate markers on the site;
  13. “Permittee” means a person holding a permit;
  14. “Person” means an individual, partnership, association, society, governmental agency or entity, joint stock company, firm, company, corporation, or other business organization. The board, department, and their officials and employees acting in their official capacity are not to be considered “persons” pursuant to this part;
  15. “Reclamation plan” means a plan submitted by an applicant for a permit under this part which sets forth a plan for reclamation of the proposed coal surface mining operations pursuant to this part;
  16. “Secretary” means the secretary of the interior; and
  17. “Wildcat miner” means a person violating this part by willfully and knowingly extracting coal without a valid permit, or from an area not covered by a valid permit.

“Board” means the Tennessee “board of energy and natural resources, created by § 69-3-104;

Acts 1987, ch. 251, § 7; 1992, ch. 693, § 1; 2018, ch. 839, § 7.

Compiler's Notes. Former § 59-8-321, referred to in this section, concerning the board of reclamation review, was repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board created by § 69-3-104, by Acts 1991, ch. 117, § 4. The former water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking, upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment rewrote the definition of “board” by substituting “board of energy and natural resources, created by § 69-3-104” for “board of water quality, oil, and gas as established pursuant to former §  59-8-321”.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Cross-References. Controlling interest defined, § 59-8-406.

59-8-404. Commissioner's powers generally.

In addition to the specific powers and authority granted elsewhere in this chapter, the commissioner shall have the following authority and powers to:

  1. Administer and enforce this part and its regulations, permits and orders authorized and promulgated pursuant thereto;
  2. Conduct and obtain investigations, research, experiments, training programs and demonstrations, and to collect and disseminate information relating to exploration, surface mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface mining for coal;
  3. Promulgate regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2;
  4. Issue notices of noncompliance, cease orders, or other orders in the office or on-site, as are authorized by this part requiring the adoption by an operator of remedial measures necessary for carrying out this part or regulations, or permits, issued pursuant to this part;
  5. Examine, and approve, modify, or disapprove, applications for permits, maps, bonds, mining and reclamation plans submitted by operators;
  6. Establish by regulation standards for acceptable mining and reclamation of affected areas, which shall be designed to achieve soil stabilization, control soil erosion, obliterate the scars of the mining operation, ensure quick revegetation, and ensure that the operation meets applicable soil and water quality standards;
  7. Make such investigations or inspections as are necessary to insure compliance with this part, including the right to enter at any time upon a suspected or affected area for such purposes and the right of ingress and egress across intervening properties;
  8. Employ and commission qualified persons as surface mine personnel. When properly qualified and commissioned, such personnel shall be vested with such authority as is necessary to enforce all laws, regulations, and permits administered by the department, including the issuance of service of process, and shall have the right to carry firearms or other arms while on duty;
  9. Enter into contracts or other agreements for reclamation of sites pursuant to this chapter, or to otherwise further the purposes of this part;
  10. Expend or cause to be expended money from the surface mining reclamation fund for purposes of this chapter; and
  11. Establish a process whereby a single set of forms and information may be submitted in multiple copies to the division of water pollution control, containing sufficient mutually needed information to serve as a basic application for such agencies, so that evaluation of applications shall be made cooperatively, and decisions to grant or deny these permits shall be made simultaneously.

Acts 1987, ch. 251, § 8.

59-8-405. Emergency authority.

  1. The commissioner is authorized to expend moneys from the Tennessee surface mine reclamation fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the commissioner finds that:
    1. An emergency exists constituting a danger to the public health, safety, or general welfare; and
    2. No other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effect of coal mining practices.
    1. The commissioner, commissioner's agents, employees, and contractors, shall have the right to enter upon any land where the emergency exists, and any other land, to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices, and to do all things necessary or expedient to protect the public health, safety, or general welfare.
    2. Such entry shall be construed as an exercise of the police power, and shall not be construed as an act of condemnation of property nor of trespass thereon.
    3. The money expended for such work and the benefits accruing to any such land shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for alleged damages by virtue of such entry; provided, however, that this subdivision (b)(3) is not intended to create new rights of action or eliminate existing immunities.

Acts 1987, ch. 251, § 9.

Cross-References. Surface mine reclamation fund, § 59-8-303.

59-8-406. Permits generally.

    1. No operator shall engage in coal surface mining operations which affect two (2) acres or less without having first obtained from the commissioner a permit for the surface mining operation.
    2. All permits issued pursuant to the requirements of this part shall be issued for a term not to exceed one (1) year.
    3. Such permits shall be granted by the commissioner only if the requirements and criteria set forth in this part and any regulations pertaining to those requirements are satisfied; and only upon the submission by the operator and approval by the commissioner of a bond and permit fee for all acres permitted, a mining and reclamation plan, and other information as provided in this part and regulations issued pursuant to this part.
    4. The permit shall authorize the operator to conduct coal surface mining operations on the area described in the application and approved plan; provided, that mining, regrading, and initial seeding are completed within one (1) year of permit issuance.
  1. The issuance of permits shall be subject to the payment of the fee and the posting of the performance bond as prescribed in this part and submission of such information necessary to assure compliance with this part as prescribed by regulations of the commissioner.
  2. The issuance of a permit shall be subject to the submission of a copy of the written determination made by the United States office of surface mining, pursuant to 30 CFR 700.11(c) that the proposed operation is exempt from the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.), as amended.
  3. Information pertaining to coal seams, test borings, core samplings or soil samples required by this section shall be made available to any person with an interest which is or may be adversely affected; provided, that information which pertains only to the analysis of the chemical and physical properties of the coal (excepting information regarding any mineral or elemental content which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record.
  4. Each applicant for a coal surface mining permit shall submit to the commissioner, as part of the permit application, a reclamation plan which shall meet the requirements of this part.
  5. Each applicant for a coal surface mining permit shall file a copy of the complete application for public inspection with the registrar of deeds at the courthouse of the county, or an appropriate public office approved by the commissioner, where the mining is proposed to occur, except for that information referred to in subsection (d) as confidential. The application shall be filed for public review within five (5) days of application submittal to the commissioner.
    1. Each applicant for a coal surface mining permit shall submit as part of the permit application, a certificate issued by an insurance company authorized to do business in this state, certifying that the applicant has a public liability insurance policy in force for the surface mining and reclamation operation for which such permit is sought, or evidence that the applicant has satisfied other state or federal self-insurance requirements.
    2. Such policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons damaged as a result of surface mining and reclamation operations, including the use of explosives, and entitled to compensation under the applicable state law.
    3. Such policy shall be maintained in full force and effect during the term of the permit including the length of all reclamation operations.
  6. The commissioner may by rule or regulation set criteria for obtaining a permit exemption for the following:
    1. Extraction of coal as an incidental part of a federal, state or local government financed highway or other construction; or
    2. Construction operations involving less than one (1) acre in disturbance where coal removal is incidental to the purpose of the construction and not inconsistent with the purposes of this part.
  7. An on-the-ground inspection of the proposed affected area shall be made by the commissioner before a new permit is issued.
    1. The applicant shall submit the applicant's name, permanent address, and an address which will be used in connection with the operation covered by the permit and telephone number. The applicant shall also identify the operator and any subcontractors which will be used in connection with the operation and provide their names, permanent addresses, and telephone numbers.
    2. Where a corporation is identified either as an applicant, operator, or subcontractor, the applicant must also submit a certified copy of the corporate charter, a list of the board of directors and officers of the corporation and identify any person who has a controlling interest in the corporation.
    3. Where a partnership, sole proprietorship or other business enterprise is identified either as an applicant, operator, or subcontractor, the applicant shall submit the names and addresses of all partners or other persons with a controlling interest in the business venture.
    4. For purposes of this part, “controlling interest” means ownership of ten percent (10%) or more of the voting shares of, or general partnership in, an entity; any relationship which gives one (1) person the ability in fact or law to direct what the other does, or any relationship which gives one (1) person express or implied authority to determine the manner in which coal at different sites will be mined, handled, sold or disposed of.
    5. The applicant shall also identify any members of the applicant's same family and their relatives who have been issued a permit pursuant to this part.
  8. The commissioner shall require all permittees to keep such records and make such reports as the commissioner may require by rule.
  9. The authorized representatives of the commissioner, without advance notice or a search warrant, and upon presentation of appropriate credentials:
    1. Shall have the right of entry to, upon, or through any coal surface mining and reclamation operation or any premises in which any records required to be maintained are located; and
    2. May at reasonable times, and without delay, have access to and copy any records, and inspect any monitoring equipment or method of operation required under this part.
  10. A permit shall not be issued to an applicant who has been issued another permit previously, unless and until the requirements for partial bond release have been met. No person who has forfeited a bond under this part prior to meeting requirements for partial bond release shall be issued a permit. No permit shall be issued to an applicant who identifies an operator or subcontractor pursuant to subsection (j) who has forfeited a bond under this part prior to meeting requirements for partial bond release.

Acts 1987, ch. 251, § 10.

Cross-References. Confidentiality of public records, § 10-7-504.

Permit application fees, § 59-8-418.

59-8-407. Mining and reclamation plans.

  1. Each permit application shall include a mining and reclamation plan which shall contain such information as the commissioner, by regulation, requires as necessary to demonstrate that reclamation required by this part can be accomplished.
    1. The mining and reclamation plan may be changed with the commissioner's approval at any time upon application of the operator, to take account of changes in conditions or to correct any previous oversight. The commissioner may also order a change in the reclamation plan for the same reasons.
    2. Any revision which proposes significant alteration to the mining or reclamation plan shall be subject to the same notice and public hearing requirements as an application for a permit. The commissioner shall promulgate rules and regulations specifying what constitutes such significant alteration.
    1. The plans shall be kept current and shall be carried out concurrently with the surface mining operation.
    2. Any backfilling, grading, shaping, topsoiling, and cover crop sowing, if necessary, shall be completed within ninety (90) days after completion of the removal of the coal from a particular pit, area, or acre as identified in the mining and reclamation plan.
    3. All of the site preparation and revegetative work shall be carried out within such time as permitted by the commissioner's regulations, which shall not be more than the first seeding or planting season after conclusion of the backfilling, grading and reshaping.
    4. Any waiver from the above schedule must be in writing from the commissioner.
    5. Each operator shall file a completion report within thirty (30) days after initial seeding and annually thereafter, showing those portions of the affected area for which reclamation, in accordance with the approved plan has been completed until final bond release.
    6. The commissioner shall inspect such areas and shall notify the operator whether the reclamation is accepted as being in accordance with the approved plan, or whether there are deficiencies which must be corrected.
  2. In addition to the requirements specified in subsection (a), the mining and reclamation plan submitted by the operator in connection with the operator's application for a permit shall include a detailed topographic map, prepared by a registered engineer, or a registered land surveyor, on a United States geological survey map, or aerial photograph, or equivalent, as may be approved by the commissioner, and on such scale as the commissioner shall require by regulation showing:
    1. The area of land affected, the location of the stream or streams or any standing body of water into which the area drains, the location of drainways and the planned siltation traps and other drainage controls and the location of haul or other access roads to be prepared or used by the operator in the mining operation;
    2. The location of any buildings, cemeteries, public highways, railroad tracks, gas and oil wells, publicly owned lands, officially designated scenic areas, utility lines, underground mines, transmission lines or pipe lines within the affected area or within five hundred feet (500') thereof;
    3. The approximate location of the cuts or excavations to be made in the surface and the estimated location and height of spoil banks, and the total number of acres involved in the area of land affected; and
    4. The date the map was prepared, together with a certification as to its accuracy by the person responsible for its preparation.
    1. The surface mining application will be accompanied by a detailed mining plan showing:
      1. The depth and character of overburden;
      2. The thickness of the coal being mined;
      3. Method of mining;
      4. Mine waste disposal areas;
      5. The manner, timing and distance for backfilling, grading work;
      6. Final mine waste disposal areas and final shape of stable slope; and
      7. A reclamation plan for haul roads that are to be left, which proposals shall meet the provisions of this section and all rules and regulations adopted pursuant thereto by the commissioner.
    2. The application shall assure that all reshaping will be completed within such time as permitted by the commissioner's regulations, which shall not be more than three (3) months after completion of the removal of the coal being mined.

Acts 1987, ch. 251, § 11.

Cross-References. Release of bond, § 59-8-414.

59-8-408. Bond requirements.

    1. When an application is submitted, the applicant shall file with the commissioner, on a form prescribed and furnished by the commissioner, a bond payable to the state of Tennessee, in penal sum, and conditioned on the faithful performance of the provisions of the applicant's permit.
    2. The bond shall cover that area of land within the permit area upon which the operator will initiate and conduct coal surface mining and reclamation operations.
    3. The bond shall be executed by the operator and a corporate surety who is approved by the commissioner and properly authorized to act as such surety and licensed to do business in this state; provided, however, that the operator may elect to deposit cash or negotiable certificates of deposit assigned irrevocably to the state, or negotiable United States treasury bonds or negotiable general obligation municipal or corporate bonds, which municipal or corporate bonds have the highest rating by Moody's and/or Standard and Poor's rating services, with the treasurer of this state in lieu of a corporate surety.
    4. The treasurer shall receive and hold such deposits in the name of the state of Tennessee, in trust, for the purposes for which such deposit is made, and shall at all times be responsible for the custody and safekeeping of such deposits.
    5. The operator making the deposit shall be entitled from time to time to demand and receive from the treasurer, on the written order of the commissioner, the whole or any portion of any securities so deposited, upon depositing with the treasurer, in lieu thereof, other negotiable securities of the classes herein specified having a market value at least equal to the sum of the bond, and also to demand and recover the interest income from the securities as the same becomes due and payable; provided, however, that the treasurer, at the request of the operator, shall convert such securities into such other negotiable securities of the classes herein specified as may be designated by the operator.
  1. The amount of bond or cash deposit or marketable value of the securities shall be ten thousand dollars ($10,000). Liability under each bond shall be continuous until the reclamation provisions of this part and regulations have been fulfilled.
  2. Local governmental entities and state agencies may execute their own bonds as surety.

Acts 1987, ch. 251, § 12.

59-8-409. Action on permit applications.

Upon the basis of a complete mining application and reclamation plan as required, including public notification and the opportunity for public comment and a public hearing, the commissioner shall grant, require modification of, or deny the application for a permit in not less than thirty (30) days nor more than sixty (60) days, and notify the applicant in writing. The applicant for a permit shall have the burden of establishing that the application is in compliance with all the requirements of the program.

Acts 1987, ch. 251, § 13.

59-8-410. Permit approval — Required findings.

No permit application shall be approved unless the applicant affirmatively demonstrates, and the commissioner finds in writing, on the basis of the information set forth in the application or from information otherwise available which will be documented in the approval and made available to the applicant, that:

  1. The permit application is accurate and complete and that the applicant has complied with all the requirements of this part and any regulations issued pursuant to this part;
  2. The applicant has demonstrated that reclamation as required by this part and any regulations issued pursuant to this part can be accomplished under the reclamation plan contained in the permit application;
  3. No part of the operation would constitute a hazard to a dwelling house, public building, school, church, cemetery, commercial or institutional building, public road, stream, lake, reservoir, water wells, officially designated scenic areas or other private or public property;
  4. The area proposed to be mined for coal is not included within an area designated unsuitable for coal surface mining pursuant to the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.), or is not within an area under study for such designation in an administrative proceeding commenced pursuant to such law (unless the operator demonstrates that prior to January 1, 1977, the applicant has made substantial legal and financial commitments in relation to a mining operation for which he is applying for a permit);
  5. The owner or owners of the coal to be mined are identified;
    1. The source of the operator's legal right to enter and mine the coal on the land affected by the permit and whether that right is the subject of pending court litigation are identified;
    2. There is evidence of the operator's legal right to surface mine the minerals on the land affected by the permit. If the surface estate has been severed from the mineral estate, such evidence may be provided by either:
      1. A deed, lease, or other document which severs the mineral rights and expressly permits the removal of minerals by surface mining or a certified extract of the appropriate provisions of such documents; or
      2. A deed, lease or conveyance which severs the mineral rights without specific provisions for surface mining and an accompanying affidavit by the current surface estate owner agreeing to the removal of such minerals by surface mining; and
  6. In cases where the private mineral estate has been severed from the private surface estate, the applicant has submitted to the commissioner:
    1. The written consent of the surface owner to the extraction of coal by surface mining methods;
    2. A conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or
    3. If the conveyance does not expressly grant the right to extract coal by surface mining methods, the surface-subsurface legal relationship shall be determined by law; provided, that nothing in this part shall be construed to authorize the commissioner to adjudicate property rights disputes.

Acts 1987, ch. 251, § 14.

59-8-411. Public notice and review — Appeal from commissioner's decision. [See contingent amendment to subdivision (c)(2) and the Compiler’s Notes.]

    1. The permit applicant shall publish an advertisement in a newspaper of general circulation in the locality of the proposed site, which describes the ownership, the exact location, and boundaries of the proposed site specifically enough that the proposed operation can be readily located by local residents, and the location of the place where the application is available for public inspection. Such advertisement shall be published at least once within thirty (30) days prior to the filing of an application with the commissioner and shall be in such form as shall be specified by regulation.
    2. The permit applicant shall notify every legal or equitable owner of record if different than the applicant of all surface areas contiguous to any part of the permit area by certified mail within thirty (30) days prior to the filing of the application of the proposed coal surface mining operation.
    3. The permit application shall contain proof of such notification.
  1. Any person may have the right to see and review the entire application, except for information for which confidentiality is provided in this part or otherwise by law, and any person having an interest which is or may be adversely affected, or the officer or head of any federal, state, or local governmental agency or authority may file written objections to the application for a permit within thirty (30) days after the receipt of an application. Any written comments received shall be taken into consideration when the commissioner makes a determination on the application.
    1. If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification.

      [Current version. See second version for contingent amendment and Compiler's Notes.]

    2. Any person with an interest which is or may be adversely affected by any decision of the commissioner in granting, denying, or modifying any permit application may appeal to the Tennessee board of water quality, oil, and gas [See the Compiler's Notes] within thirty (30) days. Such hearing shall be held within sixty (60) days of filing of such appeal and the hearing shall otherwise be conducted as provided in [former] § 59-8-321(g) [repealed. See the Compiler's Notes].

      [Contingent amendment. See the Compiler's Notes.]

Any person with an interest which is or may be adversely affected by any decision of the commissioner in granting, denying, or modifying any permit application may appeal to the board within thirty (30) days. Such hearing shall be held within sixty (60) days of filing of such appeal and the hearing shall otherwise be conducted as provided in [former] § 59-8-321(g) [repealed. See the Compiler's Notes].

Acts 1987, ch. 251, § 15; 2018, ch. 839, § 8.

Compiler's Notes. Former § 59-8-321, referred to in this section, concerning the former board of reclamation review, was repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board created by § 69-3-104, by Acts 1991, ch. 117, § 4. The former water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking,  upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment substituted “board” for “Tennessee board of water quality, oil, and gas” in (c)(2).

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Cross-References. Confidentiality of public records, § 10-7-504.

59-8-412. Performance standards.

  1. Any permit issued under this part to conduct coal surface mining operations shall require the operator to meet all applicable performance standards of this part, any other environmental laws and regulations which relate to the operation and any other requirements that the commissioner shall promulgate.
  2. Such performance standards referred to in subsection (a) include:
    1. Quick and permanent soil stabilization must be achieved by planting of grasses, legumes and trees or shrubs, or any prescribed combination thereof;
    2. Backfilling and grading must be performed timely to prevent the impoundment and contamination of water in pits;
    3. Drainage from affected areas must be controlled so as to minimize concentration of suspended solids to waters of the state;
    4. All acid producing material must be buried on the protected area; and
    5. All highwalls exposed during the mining process other than previously existing highwalls must be eliminated; provided, however, that if a prior existing highwall is disturbed, the highwall must be eliminated to the extent of the new exposure.

Acts 1987, ch. 251, § 16.

59-8-413. Inspections. [See contingent amendment to subdivision (e)(5) and Compiler’s Notes.]

  1. The commissioner shall cause to be made such inspections of any coal surface mining and reclamation operations as are necessary to evaluate the administration of the program or to determine whether such operation is in compliance with this part and all regulations and permits issued pursuant to this part, and for such purposes authorized representatives of the commissioner shall have a right of entry to, upon, or through any coal surface mining and reclamation operation, and/or exploratory operation.
  2. The inspections shall be conducted in such manner and frequency as prescribed in regulations promulgated by the commissioner, and no requirement for a search warrant shall be imposed. Any person conducting coal surface mining operations in this state is put on notice that such frequent unannounced warrantless searches will be conducted for the purpose of carrying out this part.
  3. Each permittee shall conspicuously maintain at the entrances to each coal surface mining and reclamation operation, a clearly visible sign which sets forth the name, business address, and telephone number of the permittee, and the permit number of the coal surface mining and reclamation operations.
  4. Each inspector, upon detection of each violation of any requirement of this part or any regulation or permit issued pursuant to this part, shall immediately inform the operator in writing and shall report in writing any such violation to the commissioner.
    1. Whenever on the basis of any information available to the commissioner, including receipt of information from any person, the commissioner has reason to believe that any person is in violation of any requirement of this part, regulation issued pursuant to this part, or any permit, condition, order, or notice of noncompliance issued under this part, the commissioner shall investigate, and if the violation is confirmed, take appropriate action within ten (10) days (or immediately if proof is provided that an imminent substantial danger exists).
    2. The identity of any person supplying information shall remain confidential if requested by such person.
    3. When an inspection results from information provided to the commissioner by any person, the commissioner shall notify such person when the inspection is proposed to be carried out, and such person shall be allowed to accompany the inspector during the inspection; provided, however, that any person so accompanying the inspector shall comply with all state and federal safety requirements.
    4. Within ten (10) days of the inspection or fifteen (15) days of the complaint if there is no inspection, the commissioner shall send a complete report to the complainant.

      [Current version. See second version for contingent amendment and Compiler's Notes.]

    5. Any person dissatisfied with the action of the commissioner may appeal to the Tennessee board of water quality, oil, and gas [See the Compiler's Notes] as provided in [former] § 59-8-321 [repealed. See the Compiler's Notes].

      [Contingent amendment. See the Compiler's Notes.]

Any person dissatisfied with the action of the commissioner may appeal to the  board.

Acts 1987, ch. 251, § 17; 2018, ch. 839, § 9.

Compiler's Notes. Former § 59-8-321, referred to in this section, concerning the former board of reclamation review, was repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board created by § 69-3-104, by Acts 1991, ch. 117, § 4. The former water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking,  upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment substituted “board” for “Tennessee board of water quality, oil, and gas as provided in former § 59-8-321” in (e)(5).

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Cross-References. Confidentiality of public records, § 10-7-504.

59-8-414. Release of bond. [See contingent amendment to subsection (b) and the Compiler’s Notes.]

  1. The commissioner may release all or part of the bond or deposit when the commissioner is satisfied that the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this part. Releases and partial releases shall be accomplished as follows:
    1. When the operator completes the backfilling, regrading, topsoiling, drainage control, site preparation, soil treatments, mulching, and initial planting of the vegetative cover in accordance with the approved plan as noted on a completion report, the commissioner shall issue to the operator and the operator's surety a partial release of seventy percent (70%) of the bond. The remaining bond shall be held for one (1) year, at a minimum, to assure that all reclamation requirements have been successfully met;
    2. The permittee shall not be denied access to the mining site for the purposes of completing or maintaining reclamation work because of the expiration of the permittee's lease, until all of the permittee's performance bond has been released.

      [Current version. See second version for contingent amendment and Compiler's Notes.]

  2. If the commissioner disapproves the application for release of the bond or portion thereof, the commissioner shall notify the permittee and the permittee's surety, stating the reasons for disapproval and recommending specific corrective actions necessary to secure the release, and allowing the permittee an opportunity for a hearing before the Tennessee board of water quality, oil, and gas [See the Compiler's Notes]. This notice and recommendation shall be handed to the operator in person, or served by certified mail addressed to the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to comply with this part, or the regulations of the commissioner.

    [Contingent amendment. See the Compiler's Notes.]

If the commissioner disapproves the application for release of the bond or portion thereof, the commissioner shall notify the permittee and the permittee's surety, stating the reasons for disapproval and recommending specific corrective actions necessary to secure the release, and allowing the permittee an opportunity for a hearing before the board. This notice and recommendation shall be handed to the operator in person, or served by certified mail addressed to the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to comply with this part, or the regulations of the commissioner.

Acts 1987, ch. 251, § 18; 2018, ch. 839, § 10.

Compiler's Notes. The duties of the former board of reclamation review, formerly referred to in this section, were transferred to the former water quality control board, created by § 69-3-104, by Acts 1991, ch. 117, § 4. The former water quality control board, created by § 69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created in §  69-3-104.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking,  upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment substituted “board” for “the Tennessee board of water quality, oil, and gas” in the first sentence of (b). See the Compiler’s Notes.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

Cross-References. Bond requirements, § 59-8-408.

59-8-415. Noncompliance.

    1. If an operator violates the requirements of this part or regulations adopted pursuant thereto, or the terms of any permit or the terms of any order of the commissioner or the commissioner's designee, the commissioner or the designee shall issue a written notice of noncompliance to be delivered in accordance with this section to the operator, fixing a reasonable time for correction.
    2. The total time for abatement under a notice of violation, including all extensions, shall not exceed sixty (60) days from the date of issuance, in accordance with rules promulgated pursuant to this part.
    3. If, upon expiration of the period of time originally fixed or subsequently extended, the commissioner or the commissioner's designee finds that the violation has not been abated, the commissioner or the designee shall immediately order a cessation of coal surface mining and reclamation operations or the portion thereof relevant to the violation.
    4. Such cessation order shall remain in effect until the commissioner or the commissioner's designee determines that the violation has been abated, or until modified, vacated, or terminated by the commissioner or the commissioner's designee in accordance with this section.
    5. In the order of cessation, the commissioner or the commissioner's designee shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order.
    6. If necessary, the commissioner or the commissioner's designee shall order suspension or revocation of a permit and forfeiture of the bond according to this part.
    7. The commissioner shall also issue an immediate cease order to any operator mining without a valid permit, or mining an area not covered by a valid permit.
    1. If the commissioner determines that any condition or practice exists, or that the operator is in violation of any requirement of this part or any permit condition required by this part, which condition, practice, or violation also creates an imminent danger to the health and safety of the public, or is causing, or can reasonably be expected to cause, significant and imminent environmental harm to land, air, or water resources, the commissioner shall immediately order a cessation of coal surface mining and reclamation operations or the portion thereof relevant to the condition, practice, or violation and commence bond forfeiture proceedings.
    2. Such cessation order shall remain in effect until the commissioner or the commissioner's designee determines that the condition, practice, or violation has been vacated, or terminated by the commissioner pursuant to subsection (c).
    3. Where the commissioner finds that the ordered cessation of coal surface mining and reclamation operations, or any portion thereof, will not completely abate the imminent danger to health and safety of the public or the significant and imminent environmental harm to land, air, or water resources, the commissioner shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the commissioner deems necessary to abate the danger or harm.
    1. Notices and cease orders issued pursuant to this section shall set forth with reasonable specificity the nature of the noncompliance and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the coal surface mining and reclamation operation to which the notice or cease order applies.
    2. Each notice or cease order issued under this section shall be handed promptly to the operator and/or subcontractor in person, or served by certified mail addressed to the operator and/or subcontractor's permanent address shown on the application for a permit, or where there is no permit, to the operator's last known address, by the commissioner, and all notices or cease orders shall be in writing and shall be signed by the commissioner or the commissioner's designee.
    3. If such order is not complied with or the operator refuses or fails to correct the violation, the permit may be revoked and the performance bond shall then be forfeited to the commissioner or the commissioner's designee.
    4. Any notice or cease order issued pursuant to this section may be modified, vacated, or terminated by the commissioner.
    5. If, however, the operator makes no reasonable attempt to abate the violation within the prescribed abatement period, the bond shall be forfeited in accordance with this part.
  1. Any operator who receives any notice of noncompliance or cease order from the commissioner or the commissioner's designee may request a formal review before the board as provided in [former] § 59-8-321 [repealed. See the Compiler's Notes] and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Any request for review made pursuant to this section shall be made, in writing, within thirty (30) days from receipt of the notice or order. Failure to forward such request to the commissioner or the commissioner's designee within thirty (30) days from receipt of the notice or order shall result in a waiver of all legal rights to contest such notice or order.
  2. The court, in issuing any final order in any action brought pursuant to subsection (a), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Tennessee Rules of Civil Procedure.
  3. Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of this part and the regulations issued pursuant to it, or to seek any other relief.
  4. Any person who is injured in person or property through the violation by any operator of any regulation, order, or permit issued pursuant to this part may bring an action for damages against the operator (including reasonable attorney and expert witness fees) only in the chancery court of Davidson County, or the chancery court of the county in which the coal mining operation complained of is located. Nothing in this subsection (g) shall affect the rights established by or limits imposed under the Workers' Compensation Law, compiled in title 50, chapter 6.

Acts 1987, ch. 251, § 19.

Compiler's Notes. Former § 59-8-321, referred to in this section, concerning the former board of reclamation review, was repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board, created by § 69-3-104, by Acts 1991, ch. 117, § 4. The former water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

59-8-416. Permit revocation and bond forfeiture proceedings. [See contingent amendment to subdivision (f)(1) and the Compiler’s Notes.]

  1. Whenever the commissioner determines that remedial action required by any notice of noncompliance or cease order is not being carried out satisfactorily, the commissioner may revoke the permit and commence bond forfeiture proceedings consistent with this section. The commissioner shall recommend such proceedings whenever the remedial action required under a cease order issued pursuant to § 59-8-415(a) is not satisfactorily completed within sixty (60) days of issuance of the cease order.
    1. Permit revocation and bond forfeiture proceedings shall be commenced by issuing a notice of intent to revoke the permit and forfeit the bond.
    2. The notice shall be sent to the permittee and the permittee's surety.
    3. The permittee or the permittee's surety may request a public informal meeting with the commissioner or the commissioner's designee to review the notice of intent. Such meeting must be requested within ten (10) days of receipt of the notice or the meeting will not be held.
    4. All such meetings must be held within twenty (20) days of receipt of the request.
  2. If a person fails to timely request an informal meeting pursuant to subsection (b), the notice of intent shall become the final order of permit revocation and bond forfeiture.
  3. After conducting an informal meeting pursuant to subsection (b), the commissioner or the commissioner's designee may take any of the following actions:
    1. Issue a final order of permit revocation and bond forfeiture;
    2. Withdraw revocation and forfeiture proceedings; or
    3. Enter into an agreement with the permittee or the permittee's surety for complete reclamation, under the following conditions:
      1. No such agreement may exceed thirty (30) days for backfilling, grading, and initial seeding; and
      2. If the commissioner or the commissioner's designee determines that the agreement is not being complied with, either person may issue a final order of permit revocation and bond forfeiture.
  4. When a notice of intent to revoke the permit and forfeit the bond becomes final because of failure to appeal, or if the commissioner issues a final order to revoke the permit and forfeit the bond, the permittee shall immediately tender or cause to be tendered the bond to the commissioner.
  5. [Current version. See second version for contingent amendment and Compiler's Notes.]
    1. Any person, who is aggrieved by a final order of revocation and forfeiture, may appeal the decision to the Tennessee board of water quality, oil, and gas [See the Compiler's Notes] pursuant to [former] § 59-8-321(g) [repealed. See the Compiler's Notes].

      [Contingent amendment. See the Compiler's Notes.]

    2. Such person shall make a request for appeal and tender the amount of the bond to the commissioner within thirty (30) days from service of the final order.
    3. If the bond is other than cash, the bond must be converted to cash and deposited with the commissioner.
    4. Failure to request an appeal and submit the bond amount within thirty (30) days shall result in a waiver of all rights to contest the permit revocation and bond forfeiture and any underlying violations which may have led to the revocation and forfeiture.
    1. After the permit is revoked and the bond is forfeited, the commissioner may collect the bond. If judicial action is required to collect the bond, it shall be the duty of the attorney general and reporter upon request of the commissioner to take appropriate action to collect the bond.
    2. All proceeds from the bonds shall be placed in the surface mining reclamation fund established in  § 59-8-303.
  6. The commissioner is authorized once the bond is tendered or otherwise collected to use the proceeds for such reclamation as is necessary, regardless of whether or not an appeal is requested or hearing is pending. If, through administrative or judicial review, it is determined that no violation occurred or that the bond should otherwise be released, the commissioner shall within thirty (30) days remit the appropriate amount to the operator, with interest, at the rate of six percent (6%) or at the prevailing department of treasury rate, whichever is greater.

Any person, who is aggrieved by a final order of revocation and forfeiture, may appeal the decision to the board.

Acts 1987, ch. 251, § 20; 2018, ch. 839, § 11.

Compiler's Notes. Former § 59-8-321, formerly referred to in this section, concerning the former board of reclamation review was repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board, created by § 69-3-104, by Acts 1991, ch. 117, § 4. The former water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking,  upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment substituted “board” for “Tennessee board of water quality, oil, and gas pursuant to former § 59-8-321(g)” in (f)(1). See the Compiler’s Notes.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-417. Civil actions. [See contingent amendment to subdivision (b)(1) and the Compiler’s Notes.]

  1. The commissioner may request the attorney general and reporter to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for such action shall be in the chancery or circuit court of Davidson County, or the chancery court or circuit court in whose district the surface mining operation is located, the provisions of § 20-4-101 to the contrary notwithstanding, whenever such person, operator, or agent:
    1. Violates or fails or refuses to comply with any cease order issued by the commissioner under this part;
    2. Interferes with, hinders, or delays the commissioner or the commissioner's authorized representatives in carrying out this part;
    3. Refuses to admit such authorized representatives to a coal mine;
    4. Refuses to permit inspection of a coal mine by such authorized representatives;
    5. Refuses to furnish any information or report requested by the commissioner in furtherance of this part;
    6. Refuses to permit access to, and copying of, such records as the commissioner determines are necessary in carrying out this part; or
    7. Violates or threatens to violate any of this part, or regulations promulgated pursuant to this part, or a permit issued pursuant to this part, or violates or threatens to violate any cease order or determination promulgated pursuant to this part.
  2. [Current version. See second version for contingent amendment and Compiler's Notes.]
    1. The commissioner may bring suit for injunctive enforcement of any cease order issued by the commissioner when any cease order has become final as a result of any person's failure to appeal to the Tennessee board of water quality, oil, and gas [See the Compiler's Notes], and such person has failed to comply with the cease order.

      [Contingent amendment. See the Compiler's Notes.]

    2. In such suits, all findings of fact contained in the cease order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the cease order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order.
    3. The cease order issued by the commissioner in such cases shall be presumed to be reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law.
    4. The board may likewise bring suit for enforcement of any cease order issued by it, which has become final either by the failure of any person to appeal the board's cease order or by an appellate court's decision against any person who fails to comply with such final cease order.
    5. In such suits, the board's decision shall not be subject to challenge as to matters of fact, but the violator may proffer evidence showing that the violator has in fact complied with the board's cease order.
  3. Any suit for a permanent or temporary injunction, restraining order, or any other appropriate order brought by the commissioner shall be filed and venue and jurisdiction for such action shall be in the chancery court or circuit court of Davidson County, or the chancery court or circuit court in whose district the surface mining operation is located, in which all or a part of the violation is or is about to occur, the provisions of § 20-4-101 to the contrary notwithstanding, in the name of the department by the district attorney general or by the attorney general and reporter at the direction of the commissioner or the board. Such proceedings shall not be tried by jury.
  4. Nothing in this part shall be construed so as to eliminate any additional enforcement rights or procedures which are available under any state law to the commissioner but which are not specifically enumerated herein.

The commissioner may bring suit for injunctive enforcement of any cease order issued by the commissioner when any cease order has become final as a result of any person's failure to appeal to the board, and such person has failed to comply with the cease order.

Acts 1987, ch. 251, § 21; 2018, ch. 839, § 12.

Compiler's Notes. The duties of the former board of reclamation review, formerly referred to in this section, were transferred to the former water quality control board, created by § 69-3-104, by Acts 1991, ch. 117, § 4. The water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking,  upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment substituted “board” for “Tennessee board of water quality, oil, and gas” in (b)(1).  See the Compiler’s Notes.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-8-418. Permit application fees.

  1. Every application for a coal surface mining permit shall be accompanied by a fee of three thousand dollars ($3,000).
  2. Local governmental entities and state agencies are exempted from permit fees.
  3. All permit fees collected pursuant to this part are credited, appropriated and allocated to the department for the administration and enforcement of this part. Any such revenue and any interest thereon which is unexpended or unobligated at the end of any fiscal year shall not revert to the general fund, but shall be carried forward in a reserve to remain available for expenditure by the department for such administration and enforcement. Such reserve shall not be subject to allotment impoundment and shall be maintained on a no quarter basis.

Acts 1987, ch. 251, § 22.

59-8-419. Coal purchases — Permit information, etc., required.

  1. It is unlawful for any dealer, broker, or other purchaser to purchase coal from an operator without first being shown such operator's valid coal surface mining permit.
  2. Each dealer, broker or other purchaser shall maintain a record on forms furnished by the commissioner of each purchase of coal, including the date of purchase, the number of tons purchased, the name of the operator, and the operator's permit number, and shall furnish such information to the commissioner at intervals of not less than sixty (60) days.

Acts 1987, ch. 251, § 23.

59-8-420. Publicly owned mining operations.

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, which proposes to engage in mining operations which are subject to the requirements of this part, shall comply with this part; provided, however, that local governmental entities and state agencies shall not be subject to fees or bonds except as otherwise required by this part.

Acts 1987, ch. 251, § 24.

59-8-421. Section 66-5-102 unaffected.

Nothing in this part shall be construed to limit or invalidate § 66-5-102.

Acts 1987, ch. 251, § 25.

59-8-222. Civil and criminal penalties — Enforcement — Rights preserved.

59-8-228. Certain exploratory drilling regulated under Mineral Test Hole Regulatory Act exclusively.

Chapter 9
[Reserved]

Chapter 10
Interstate Mining Compact

59-10-101. Interstate Mining Compact.

The Interstate Mining Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I.  Finding and Purposes

  1. The party states find that:
    1. Mining and the contributions thereof to the economy and well-being of every state are of basic significance;
    2. The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public;
    3. Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly, and the devising of means to deal with them are of both public and private concern;
    4. Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land or the development of mineral and other natural resources, but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated; and
    5. The states are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions.
  2. The purposes of this compact are to:
    1. Advance the protection and restoration of land, water and other resources affected by mining;
    2. Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining;
    3. Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated;
    4. Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources; and
    5. Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.

ARTICLE II.  Definitions

As used in this compact, the term:

  1. “Mining” means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter, any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location, and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but does not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on-site farming or construction; and
  2. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.

ARTICLE III.  State Programs

Each party state agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish:

  1. The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations;
  2. The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water;
  3. The institution and maintenance of suitable programs for adaptation, restoration, and rehabilitation of mined lands; and
  4. The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future.

ARTICLE IV.  Powers

In addition to any other powers conferred upon the interstate mining commission, established by Article V of this compact, such commission shall have power to:

  1. Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change;
  2. Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining;
  3. Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this compact;
  4. Gather and disseminate information relating to any of the matters within the purview of this compact;
  5. Cooperate with the federal government and any public or private entities having interests in any subject coming within the purview of this compact;
  6. Consult, upon the request of a party state and within resources available therefor, with the officials of such state in respect to any problem within the purview of this compact;
  7. Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations; and
  8. Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites.

ARTICLE V.  The Commission

  1. There is hereby created an agency of the party states to be known as the “Interstate Mining Commission,” hereinafter called the “commission.” The commission shall be composed of one (1) commissioner from each party state who shall be the governor thereof. Pursuant to the laws of his party state, each governor shall have the assistance of an advisory body (including membership from mining industries, conservation interests, and such other public and private interests as may be appropriate) in considering problems relating to mining and in discharging his responsibilities as the commissioner of his state on the commission. In any instance where a governor is unable to attend a meeting of the commission or perform any other function in connection with the business of the commission, he shall designate an alternate, from among the members of the advisory body required by this paragraph, who shall represent him and act in his place and stead. The designation of an alternate shall be communicated by the governor to the commission in such manner as its bylaws may provide.
  2. The commissioners shall be entitled to one (1) vote each on the commission. No action of the commission making a recommendation pursuant to Article IV-3, IV-7, and IV-8 or requesting, accepting or disposing of funds, service, or other property pursuant to this paragraph, Article V(g), V(h), or VII shall be valid unless taken at a meeting at which a majority of the total number of votes on the commission is cast in favor thereof. All other action shall be by a majority of those present and voting, provided that action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, is present. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.
  3. The commission shall have a seal.
  4. The commission shall elect annually, from among its members, a chair, a vice chair, and a treasurer. The commission shall appoint an executive director and fix his duties and compensation. Such executive director shall serve at the pleasure of the commission. The executive director, the treasurer, and such other personnel as the commission shall designate shall be bonded. The amount or amounts of such bond or bonds shall be determined by the commission.
  5. Irrespective of the civil service, personnel or other merit system of laws of any of the party states, the executive director, with the approval of the commission, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel.
  6. The commission may establish and maintain independently, or in conjunction with a party state, a suitable retirement system for its employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor's insurance; provided, that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as it may deem appropriate.
  7. The commission may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation.
  8. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (g) of this Article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed and the identity of the donor or lender.
  9. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
  10. The commission annually shall make to the governor, general assembly and advisory body required by Article V(a) of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been made by the commission. The commission may make such additional reports as it may deem desirable.

ARTICLE VI.  Advisory, Technical, and Regional Committees

The commission shall establish such advisory, technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party states, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mined land, or any other matters of concern to the commission.

ARTICLE VII.  Finance

  1. The commission shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the general assembly thereof.
  2. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations requested under any such budget shall be apportioned among the party states as follows: one half (½) in equal shares, and the remainder in proportion to the value of minerals, ores, and other solid matter mined. In determining such values, the commission shall employ such available public source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the commission's budget of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of minerals, ores, and other solid matter mined.
  3. The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article V(h) of this compact; provided, that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article V(h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
  4. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
  5. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.
  6. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of account by or on behalf of any government contributing to the support of the commission.

ARTICLE VIII.  Entry Into Force and Withdrawal

  1. This compact shall enter into force when enacted into law by any four (4) or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.
  2. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE IX.

Nothing in this compact shall be construed to limit, repeal or supersede any other law of any party state.

ARTICLE X.  Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

Acts 1973, ch. 109, § 1; T.C.A. (orig. ed.), § 58-1801.

Compiler's Notes. The Interstate Mining Compact, created by this section, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

For transfer of the division of surface mining and reclamation and its functions under parts 2 and 3 of this chapter and ch. 10 of this title, from the department of conservation (now environment and conservation) to the department of health and environment (now health), see Executive Order No. 40 (February 11, 1983).

For transfer of the bureau of environment in the department of health and its related functions and the administration of the Tennessee environmental statutes (excluding title 68, chs. 14, 110 and 112) from the department of health to the department of environment and conservation, see Executive Order No. 42 (February 4, 1991).

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Tennessee coal surface mining law, title 59, ch. 8, part 3.

59-10-102. Board of reclamation review to be advisory body. [Current version. See second version of section and the Compiler's Notes.]

The Tennessee board of water quality, oil, and gas [See the Compiler's Notes], established by [former] § 59-8-321 [repealed. See the Compiler's Notes], the “Tennessee Surface Mining Law,” shall be the advisory body referred to in Article V(a) of the Interstate Mining Compact. Any duties of any member of the board relating to the compact are official duties of the board within the meaning of [former] § 59-8-321 [repealed. See the Compiler's Notes].

Acts 1973, ch. 109, § 2; T.C.A., § 58-1802.

Compiler's Notes. Former § 59-8-321, referred to in this section, concerning the former board of reclamation review, was repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board, created by § 69-3-104, by Acts 1991, ch. 117, § 4. The water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

59-10-102. Board of reclamation review to be advisory body. [Contingent amendment. See first version of section and the Compiler's Notes.]

The Tennessee board of energy and natural resources, created by § 69-3-104, the “Tennessee Surface Mining Law,” shall be the advisory body referred to in Article V(a) of the Interstate Mining Compact. Any duties of any member of the board relating to the compact are official duties of the board within the meaning of [former] § 59-8-321 [repealed. See the Compiler's Notes].

Acts 1973, ch. 109, § 2; T.C.A., § 58-1802; Acts 2018, ch. 839, § 13.

Compiler's Notes. Former § 59-8-321, referred to in this section, concerning the former board of reclamation review, was repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board, created by § 69-3-104, by Acts 1991, ch. 117, § 4. The water quality control board, created by §  69-3-104, was terminated by Acts 2012, ch. 986, §  26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by §  69-3-104.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking, upon the deposit of federal funds in the Coal Mining Protection Fund.

Amendments. The 2018 amendment substituted “The Tennessee board of energy and natural resources, created by § 69-3-104,” for “The Tennessee board of water quality, oil, and gas, established by § 59-8-321,” at the beginning of the section. See the Compiler’s Notes.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]

59-10-103. Commission bylaws to be filed with state officers.

In accordance with Article V(i) of the compact, the commission shall file copies of its bylaws and any amendments thereto with the governor, secretary of state, and commissioner of environment and conservation.

Acts 1973, ch. 109, § 3; T.C.A., § 58-1803.

59-10-104. Commissioner of environment and conservation or designee to be official representative of governor.

The commissioner of environment and conservation, or the commissioner's designee, shall be the official representative of the governor in the event the governor is unable to attend any meeting of the interstate mining commission or to perform any other function in connection with the business of such commission.

Acts 1982, ch. 557, § 3.

Chapter 11
Weighing of Coal and Minerals

59-11-101. Checkweigher or checkmeasurer — Duties — Interference prohibited — Penalty.

  1. At every coal or other mine in this state, where coal or other minerals are mined by weight or measure, the miners, or a majority of those present at a meeting called for that purpose, shall have the right to employ a competent person as checkweigher or checkmeasurer, as the case may require, who shall be permitted at all times to be present at the weighing or measuring of coal, and who shall have power to weigh or measure the same, and, during the regular working hours, have the privilege to balance and examine the scales or measure the cars; provided, that all such balancing and examination of scales shall only be done in such way and in such time as in no way to interfere with the regular working of the mines; and such person shall not be considered a trespasser during working hours while attending to the interest of such person's employers, and in no manner shall such person be interfered with or intimidated by any person, agent, or owner, or miner.
  2. Any person violating this section is guilty of a Class C misdemeanor.

Acts 1887, ch. 206, § 1; Shan., § 339; Code 1932, § 5639; T.C.A. (orig. ed.), § 58-1601; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mines and Minerals, § 4.

NOTES TO DECISIONS

1. Election of Checkweigher.

A checkweigher may be elected by a viva voce vote of the miners present, and the person receiving the affirmative vote of all those voting, though a majority of the miners present are silent, and thereby acquiescing, is duly elected and employed as their checkweigher. Murray v. La Follette C. & I. R. Co., 3 Tenn. Civ. App. (3 Higgins) 35 (1912).

2. Mineworkers Waiving the Statute.

Where contract between mine operators and union provided that mineworkers had a right to choose a checkweigher according to the terms of this section but further provided that in the event that a suitable person to act as a checkweigher was not available among the mineworkers a person not employed at the mines might be selected upon mutual agreement, the mineworkers waived the terms of the statute with reference to persons in the latter classification and as such waiver was not in contravention of public policy it was binding and effective. Black Diamond Coal Mining Co. v. Rankin, 170 Tenn. 651, 98 S.W.2d 311, 1936 Tenn. LEXIS 45 (1936).

3. Intimidation or Interference.

It is no interference with or intimidation of a checkweigher for the mine owner to threaten to close down a mine should the miners not discharge their checkweigher, because the interference with or intimidation of the checkweigher must affect the checkweigher in the discharge of the duties of the position, in order to be a violation of the statute. State v. Jenkins, 90 Tenn. 580, 18 S.W. 249, 1891 Tenn. LEXIS 46 (1891).

A company that maliciously induced miners to discharge their checkweigher before the termination of the employment period was liable in damages to the checkweigher for wrongful interference with contractual relations. Murray v. La Follette C. & I. R. Co., 3 Tenn. Civ. App. (3 Higgins) 35 (1912).

4. Liability of Checkweigher.

A checkweigher employed by the mine owner is subject to the penalty for knowingly and willfully weighing incorrectly as against the miners, especially where the miners do not all expressly agree to the incorrect method of weights. Smith v. State, 90 Tenn. 575, 18 S.W. 248, 1891 Tenn. LEXIS 45 (1891).

59-11-102. Recordkeeping — Disputes — Settlement.

It shall be a further duty of such checkweigher or checkmeasurer to credit each miner with all merchantable coal or other mineral mined by the miner, on a proper sheet or book kept by such person for that purpose. When differences arise between the checkweigher or checkmeasurer and the agent or owners of the mine, as to the uniformity, capacity of scales or cars used, the same shall be referred to the mine inspector of the district where the mine is located, whose duty it shall be to regulate the same at once; and, in the event of such scales or cars proving to be correct, then the party or parties applying for the testing thereof shall pay all costs and expenses thereof; but, if not correct, then the owner or owners of the mine to pay the cost and charges of making the examination.

Acts 1887, ch. 206, § 2; Shan., § 340; Code 1932, § 5640; T.C.A. (orig. ed.), § 58-1602.

59-11-103. Improper weighing or measuring — Penalty.

Any weigher, agent, or checkmeasurer, whether employed by operators or miners, who knowingly or willfully adopts or takes more or less pounds for a bushel or ton than is provided by law, or willfully neglects the balancing or examining of the scales or cars, or knowingly and willfully weighs coal with an incorrect scale, is guilty of a Class C misdemeanor.

Acts 1887, ch. 206, § 3; Shan., § 341; Code 1932, § 5641; T.C.A. (orig. ed.), § 58-1603; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

59-11-104. Payment of checkweigher.

When miners of coal or other minerals in this state elect a checkweigher or measurer, as provided, the operators, company, or firm employing the miners shall, upon receiving notice in writing from the miners of the election of checkweigher, withhold from each miner an equal amount, agreed upon by the miners and checkweigher, and pay the same to the checkweigher at each regular payday.

Acts 1899, ch. 338, § 1; Shan., § 341a1; Code 1932, § 5642; T.C.A. (orig. ed.), § 58-1604.

59-11-105. Failure to withhold wages — Liability — Penalty.

Upon failure of any operator, company or firm to comply with § 59-11-104, the operator, company or firm is liable to the checkweigher for the full amount of the checkweigher's wages, and is guilty of a Class C misdemeanor.

Acts 1899, ch. 338, § 2; Shan., § 341a2; Code 1932, § 5643; T.C.A. (orig. ed.), § 58-1605; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Chapter 12
Mine Rescue Operations [Repealed]

59-12-101. [Repealed.]

Acts 1979, ch. 368, § 1; T.C.A., § 58-1701; Acts 1999, ch. 520, § 43; repealed by Acts 2019, ch. 168, § 1, effective April 18, 2019.

Compiler's Notes. The former chapter (Acts 1913 (1st E.S.), ch. 38, §§  1-7; Shan., §§  3079a167-3079a185; Code 1932, §§  5658-5676; Acts 1953, ch. 86, §§  75-93 (Williams, §§  5638.75-5638.93, 5658-5676); modified; Acts 1955, ch. 238, §  9; 1972, ch. 459, §§  1, 2), concerning rescue stations, was repealed by Acts 1979, ch. 368, §  9.

Former chapter 12 §§ 59-12-10159-12-108 concerned mine rescue operations.

59-12-102. [Repealed.]

Acts 1979, ch. 368, §§ 1, 2; T.C.A., § 58-1702; Acts 1985, ch. 288, §§ 39, 40; 1996, ch. 751, § 1; 1999, ch. 520, § 43; repealed by Acts 2019, ch. 168, § 1, effective April 18, 2019.

Compiler's Notes. The former chapter (Acts 1913 (1st E.S.), ch. 38, §§  1-7; Shan., §§  3079a167-3079a185; Code 1932, §§  5658-5676; Acts 1953, ch. 86, §§  75-93 (Williams, §§  5638.75-5638.93, 5658-5676); modified; Acts 1955, ch. 238, §  9; 1972, ch. 459, §§  1, 2), concerning rescue stations, was repealed by Acts 1979, ch. 368, §  9.

Former chapter 12 §§ 59-12-10159-12-108 concerned mine rescue operations.

59-12-103. [Repealed.]

Acts 1979, ch. 368, § 3; T.C.A., § 58-1703; Acts 1985, ch. 288, §§ 41, 42; 1999, ch. 520, § 43; repealed by Acts 2019, ch. 168, § 1, effective April 18, 2019.

Compiler's Notes. The former chapter (Acts 1913 (1st E.S.), ch. 38, §§ 1-7; Shan., §§ 3079a167-3079a185; Code 1932, §§ 5658-5676; Acts 1953, ch. 86, §§ 75-93 (Williams, §§ 5638.75-5638.93, 5658-5676); modified; Acts 1955, ch. 238, § 9; 1972, ch. 459, §§ 1, 2), concerning rescue stations, was repealed by Acts 1979, ch. 368, § 9.

Former chapter 12 §§ 59-12-10159-12-108 concerned mine rescue operations.

59-12-104. [Repealed.]

Acts 1979, ch. 368, § 4; T.C.A., § 58-1704; repealed by Acts 2019, ch. 168, § 1, effective April 18, 2019.

Compiler's Notes. The former chapter (Acts 1913 (1st E.S.), ch. 38, §§ 1-7; Shan., §§ 3079a167-3079a185; Code 1932, §§ 5658-5676; Acts 1953, ch. 86, §§ 75-93 (Williams, §§ 5638.75-5638.93, 5658-5676); modified; Acts 1955, ch. 238, § 9; 1972, ch. 459, §§ 1, 2), concerning rescue stations, was repealed by Acts 1979, ch. 368, § 9.

Former chapter 12 §§ 59-12-10159-12-108 concerned mine rescue operations.

59-12-105. [Repealed.]

Acts 1979, ch. 368, § 5; T.C.A., § 58-1705; repealed by Acts 2019, ch. 168, § 1, effective April 18, 2019.

Compiler's Notes. The former chapter (Acts 1913 (1st E.S.), ch. 38, §§ 1-7; Shan., §§ 3079a167-3079a185; Code 1932, §§ 5658-5676; Acts 1953, ch. 86, §§ 75-93 (Williams, §§ 5638.75-5638.93, 5658-5676); modified; Acts 1955, ch. 238, § 9; 1972, ch. 459, §§ 1, 2), concerning rescue stations, was repealed by Acts 1979, ch. 368, § 9.

Former chapter 12 §§ 59-12-10159-12-108 concerned mine rescue operations.

59-12-106. [Repealed.]

Acts 1979, ch. 368, § 8; T.C.A., § 58-1706; 1999, ch. 520, § 43; repealed by Acts 2019, ch. 168, § 1, effective April 18, 2019.

Compiler's Notes. The former chapter (Acts 1913 (1st E.S.), ch. 38, §§ 1-7; Shan., §§ 3079a167-3079a185; Code 1932, §§ 5658-5676; Acts 1953, ch. 86, §§ 75-93 (Williams, §§ 5638.75-5638.93, 5658-5676); modified; Acts 1955, ch. 238, § 9; 1972, ch. 459, §§ 1, 2), concerning rescue stations, was repealed by Acts 1979, ch. 368, § 9.

Former chapter 12 §§ 59-12-10159-12-108 concerned mine rescue operations.

59-12-107. [Repealed.]

Acts 1979, ch. 368, § 6; T.C.A., § 58-1707; repealed by Acts 2019, ch. 168, § 1, effective April 18, 2019.

Compiler's Notes. The former chapter (Acts 1913 (1st E.S.), ch. 38, §§  1-7; Shan., §§  3079a167-3079a185; Code 1932, §§  5658-5676; Acts 1953, ch. 86, §§  75-93 (Williams, §§  5638.75-5638.93, 5658-5676); modified; Acts 1955, ch. 238, §  9; 1972, ch. 459, §§  1, 2), concerning rescue stations, was repealed by Acts 1979, ch. 368, §  9.

Former chapter 12 §§ 59-12-10159-12-108 concerned mine rescue operations.

59-12-108. [Repealed.]

Acts 1992, ch. 574, § 9; repealed by Acts 2019, ch. 168, § 1, effective April 18, 2019.

Compiler's Notes. Former chapter 12 §§ 59-12-10159-12-108 concerned mine rescue operations.

Chapter 13
Coal Cooperative Marketing Associations

59-13-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Coal Cooperative Marketing Association Law of 1984.”

Acts 1984, ch. 864, § 1.

59-13-102. Legislative intent.

In order to promote, foster and encourage the intelligent and orderly marketing of Tennessee coal through cooperation; and to eliminate speculation and waste; and to make the distribution of coal between producer and consumer as direct as can be efficiently done; and to stabilize the marketing of coal and coal products; and to provide for the organization and incorporation of cooperative marketing associations for the marketing of such products, this chapter is enacted.

Acts 1984, ch. 864, § 2.

59-13-103. Chapter definitions.

As used in this chapter, the following definitions shall have the meanings set out unless the context clearly indicates otherwise:

  1. “Association” means any corporation organized under this chapter. Associations organized hereunder shall be deemed “nonprofit,” inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers;
  2. “Coal” means coal and all of its derivatives;
  3. “Member” means actual members of associations without capital stock, and holders of common stock in associations organized with capital stock; and
  4. “Person” means any individual, firm, partnership, corporation, and association.

Acts 1984, ch. 864, § 3.

59-13-104. Creation of associations.

Seven (7) or more persons, a majority of whom are residents of this state, engaged in the production of coal, may form a nonprofit, cooperative association, with or without capital stock, under this chapter.

Acts 1984, ch. 864, § 4.

59-13-105. Purposes.

An association may be organized to engage in any activity in connection with the marketing or selling of the coal of its members or with the sampling, storing, processing, permitting, reclamation, or transporting of the coal or its derivatives; or in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; or in the financing of the above enumerated activities; or in any one (1) or more of the activities specified in this chapter.

Acts 1984, ch. 864, § 5.

59-13-106. Communications regarding probable success.

Every group of persons contemplating the organization of an association under this chapter is urged to communicate with the department of environment and conservation, office of energy programs, which will inform them, among other things, of the probable success of the association regardless of whatever the survey of the marketing conditions affecting the commodities proposed to be handled may indicate.

Acts 1984, ch. 864, § 6; 2016, ch. 743, § 16.

59-13-107. Powers and duties.

Each association incorporated under this chapter shall have the following powers, to:

  1. Engage in activity in connection with the marketing or selling of the coal of its members or the sampling, storing, processing, permitting, reclamation, transporting of the coal or marketing of the derivatives thereof; or in any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment; or in the financing of any such activities; or in any one (1) or more of the activities specified in this section; and such association may also buy, sell and deal in coal of nonmembers to any amount not greater in value than such as is handled by it for its members;
  2. Borrow money and to make advance payments and advances to members;
  3. Act as the agent or representative of any member or members in any of the above-mentioned activities;
  4. Purchase or otherwise acquire, and to hold, own, and exercise all rights or ownership in, and to sell, transfer, or pledge, or guarantee the payment of dividends or interest on or the retirement or redemption of, shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the storing or handling or marketing of any of the products handled by the association;
  5. Establish reserves and to invest the funds thereof in bonds or in such other property as may be provided in the bylaws;
  6. Buy, hold, and exercise all privileges or ownership over such real or personal property as may be necessary or convenient or incidental for the conduct and operation of any business of the association, or incidental thereto;
  7. Establish, secure, own and develop patents, trademarks and copyrights; and
  8. Do each and every thing necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the subjects enumerated; or conducive to or expedient for the interest or benefit of the association; and to contract accordingly; and in addition to exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and in addition, any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter, and to do any such thing anywhere.

Acts 1984, ch. 864, § 7.

59-13-108. Membership — Stock.

  1. Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members (or issue common stock to) only persons engaged in the production of coal or its derivatives to be handled by or through the association.
  2. If a member of a nonstock association be other than a natural person, such members may be represented by any individual, associate, officer, or manager, or member of such association duly authorized in writing.
  3. One (1) association organized hereunder may become a member or stockholder of any other association or associations organized hereunder.

Acts 1984, ch. 864, § 8.

59-13-109. Articles of incorporation — Directors — Stock.

Each association formed under this chapter must prepare and file articles of incorporation, setting forth:

  1. The name of the association;
  2. The purpose for which it is formed;
  3. The place where its principal business will be transacted;
  4. The duration of the association, if other than perpetual. If the charter of any association organized under this chapter provides for a term of existence, not exceeding fifty (50) years, such charter is hereby deemed to be amended to provide that the duration of the association is perpetual, unless a majority of the members of such association shall vote to limit the duration of the association to some other period of time in accordance with title 48, chapter 11, part 3 or title 48, chapter 51, part 3, as applicable; provided, however, that in no event may the members so amend the charter of an association which has been in existence for more than fifty (50) years;
  5. The number of directors of the association, which must be not less than three (3) and may be any number greater than the required minimum; the term of office of such directors; and the names and addresses of those who are to serve as incorporating directors for the first term, or until the election and qualification of their successors;
  6. If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal, and if unequal, the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision or paragraph of the articles of incorporation shall not be altered, amended, or repealed, except by the written consent or vote of three fourths (¾) of the members; and
  7. If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value of such stock.

Acts 1984, ch. 864, § 9.

Cross-References. Preferred stock, § 59-13-126.

59-13-110. Stock — Common and preferred.

The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted; and the nature and definite extent of the preference and privileges granted to each.

Acts 1984, ch. 864, § 10.

Cross-References. Conditions for issuing stock, § 59-13-123.

Preferred stock, § 59-13-126.

Purchase of common stock by association, § 59-13-128.

Use of preferred stock to discharge obligations, § 59-13-133.

59-13-111. Articles of incorporation — Subscription and acknowledgment — Copies — Evidence.

The articles must be subscribed by the incorporators and acknowledged; and when filed, such articles of incorporation or certified copies of such articles shall be received in all the courts of this state and other places as prima facie evidence of the due incorporation of such association.

Acts 1984, ch. 864, § 11.

59-13-112. Amendment of articles.

  1. An amendment must first be approved by two thirds (2/3) of the directors and then adopted by a vote representing a majority of all the members of the association.
  2. However, if at a meeting of the members of the association to which a proposed amendment has been submitted, a majority of the members are not present, then those present and also members voting by proxy may adjourn the meeting to a time and place certain, but not sooner than three (3) weeks from the time of adjournment. Prior to the convening of the adjourned meeting, notices shall be placed in a newspaper of general circulation in the place where the principal office of the association is located each week for three (3) weeks. Such notices shall state the time, place, and purpose of the adjourned meeting. When the meeting reconvenes, the members present in person or by proxy shall constitute the quorum, and may take action on the proposed amendment by a majority vote of those represented, even if fewer than a majority of the total membership of the association.

Acts 1984, ch. 864, § 12.

59-13-113. Bylaws.

Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. Each association, under its bylaws, may provide for any or all of the following matters:

  1. The number of stockholders or members constituting a quorum;
  2. The right of members or stockholders to vote by proxy or by mail or both; and the conditions, manner, form, and effects of such votes;
  3. The number of directors constituting a quorum;
  4. The qualifications, compensation and duties and term of office of directors and officers; time of their election and the mode and manner of giving notice thereof;
  5. Penalties for violations of the bylaws;
  6. The amount of entrance, organization, and membership fees, if any; the manner and method of collection of the same; and the purposes for which they may be used;
  7. The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association to the member or stockholder and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign; and
  8. The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members and of the shares of common stock; the conditions upon which and the time when membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; and the mode, manner, and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member or forfeiture of membership, or, at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property interests in the association and shall fix the amount thereof in money, which shall be paid to the member within one (1) year after such expulsion or withdrawal.

Acts 1984, ch. 864, § 13.

59-13-114. Meetings.

In its bylaws, each association shall provide for one (1) or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time, and if such a special meeting is appropriately demanded, then such a meeting must be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, however, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.

Acts 1984, ch. 864, § 14.

59-13-115. Board of directors.

The affairs of the association shall be managed by a board of not fewer than three (3) directors, elected by the members or stockholders not from their own number. The bylaws may provide that one (1) or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. The directors so appointed cannot be members or stockholders of the association.

Acts 1984, ch. 864, § 15.

59-13-116. Compensation of officers and directors.

An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee.

Acts 1984, ch. 864, § 16.

59-13-117. Contracts and positions of directors — Prohibitions.

No director, during the term of the director's office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or others, or differing from terms generally current in that district. The bylaws may provide that no director shall occupy any position in the association, except the president and secretary on regular salary or substantially full-time pay.

Acts 1984, ch. 864, § 17.

59-13-118. Executive committee.

The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board.

Acts 1984, ch. 864, § 18.

59-13-119. Vacancies on board.

When a vacancy on the board of directors occurs, a majority vote of the executive committee shall fill the vacancy. A director elected to fill a vacancy shall be elected for the predecessor's unexpired term in office. Any directorship to be filled by reason of an increase in the number of directors may be filled for such reason by such board of directors for a term of office continuing only until the next regular election of directors.

Acts 1984, ch. 864, § 19.

59-13-120. Election of officers.

The directors shall elect from their number a president and may elect one (1) or more vice presidents. They shall also elect a secretary and a treasurer; and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one (1) person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as and where authorized by the board of directors.

Acts 1984, ch. 864, § 20.

59-13-121. Surety bonds.

Every officer, employee, and agent handling funds or negotiable instruments or property of or for any association created hereunder shall be required to execute and deliver adequate bond for the faithful performance of duties and obligations.

Acts 1984, ch. 864, § 21.

59-13-122. Certificates of membership.

When a member of an association established without capital stock has paid the membership fee in full, the member shall receive a certificate of membership.

Acts 1984, ch. 864, § 22.

59-13-123. Conditions of issuing stock.

No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the member's right to vote.

Acts 1984, ch. 864, § 23.

Cross-References. Purchase of common stock by association, § 59-13-128.

59-13-124. Liability of members.

No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the membership fee or the subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof.

Acts 1984, ch. 864, § 24.

59-13-125. Number of votes of members or stockholders.

No member or stockholder shall be entitled to more than one (1) vote, regardless of the number of shares of common stock owned by the member or stockholder.

Acts 1984, ch. 864, § 25.

59-13-126. Preferred stock.

Any association organized with stock under this chapter may issue preferred stock, with or without the right to vote. Such stock may be sold to any person, member or nonmember, and may be redeemable or retireable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate.

Acts 1984, ch. 864, § 26.

Cross-References. Division of capital stock into preferred and common stock, § 59-13-110.

59-13-127. Prohibited transfer of common stock.

The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of coal or coal products handled by the association; and such restrictions must be printed upon every certificate of stock subject thereof.

Acts 1984, ch. 864, § 27.

59-13-128. Purchase of common stock by association.

The association may, at any time, as specified in the bylaws, except when the debts of the association exceed fifty percent (50%) of the association's assets, buy in or purchase its common stock at book value, as conclusively determined by the board of directors, and pay for it in cash within one (1) year thereafter.

Acts 1984, ch. 864, § 28.

Cross-References. Conditions for issuing stock, § 59-13-123.

59-13-129. Removal of officers or directors.

Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by a majority of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of two thirds (2/3) of the members, the association may remove the officer or director. The director or officer, against whom such charges have been brought, shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against the director or officer shall have the same opportunity.

Acts 1984, ch. 864, § 29.

59-13-130. Referral of policy to membership.

Upon demand of two thirds (2/3) of the entire board of directors, made immediately and so recorded at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose.

Acts 1984, ch. 864, § 30.

59-13-131. Marketing contracts — Sales to or through associations.

The association through its board of directors may bid for and execute marketing contracts subject to a majority vote of its members requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their coal exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded and statutory liens, to the association upon delivery. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title to such product; and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest or dividends on stock, not exceeding eight percent (8%) per annum, and reserves for retiring the stock, if any; and other proper reserves; and/or any other deductions.

Acts 1984, ch. 864, § 31.

59-13-132. Breach of contract — Payment of damages and costs — Injunctions.

  1. The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the members or stockholders to the association upon the breach by such members or stockholders of any provision of the marketing contract regarding the sale or delivery or withholding of products; and may further provide that such members or stockholders will pay all costs, premiums for bonds, expenses, and fees, in case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable in the courts of this state; and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.
  2. In the event of any such breach or threatened breach of such marketing contract by a member or stockholder, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member or stockholder.

Acts 1984, ch. 864, § 32.

59-13-133. Use of preferred stock to discharge obligations.

Whenever an association, organized pursuant to this chapter with preferred capital stock, shall purchase the stock or any property, or any interest in any property of any person, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount which at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.

Acts 1984, ch. 864, § 33.

59-13-134. Reports.

Each association formed under this chapter shall prepare an annual report on forms to be furnished by the secretary of state, containing the name of the association, its principal place of business, a general statement of its business operations during the fiscal year, showing the amount of capital stock paid up and the number of stockholders if a stock association or the number of members and the amount of membership fees received, if a nonstock association, the total expenses of operations, the amount of its indebtedness or liabilities, and its balance sheets.

Acts 1984, ch. 864, § 34.

59-13-135. Interests in other corporations.

An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations with or without capital stock, and engaged in sampling, storing, processing, permitting, reclamation, transporting, marketing, or selling of the coal or the derivatives thereof handled by the association.

Acts 1984, ch. 864, § 37.

59-13-136. Interests in warehousing corporations.

If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities delivered by it, or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented. In case such warehouse is licensed or licensed and bonded under the laws of this or any other state or the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.

Acts 1984, ch. 864, § 38.

59-13-137. Permissible contracts and agreements.

Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements, and make all necessary and proper stipulations, agreements, and contracts and arrangements with any other cooperative corporation, association, or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts thereof. Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same personnel, methods, means and agencies for carrying on and conducting their respective businesses.

Acts 1984, ch. 864, § 39.

59-13-138. Out-of-state corporations.

Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations or functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and the payment into the office of the secretary of state the same fees that are required to be paid under title 48, chapter 11 and by paying all other taxes which other foreign corporations are required to pay in Tennessee, and all contracts, which could be made by any association incorporated pursuant to this chapter made by or with such association, shall be legal and valid and enforceable in this state with all of the remedies set forth in this chapter.

Acts 1984, ch. 864, § 40.

59-13-139. Restraint of trade — Monopolies.

No association organized pursuant to this chapter and complying with the terms of such chapter shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly; or an attempt to lessen competition or to fix prices arbitrarily, nor shall the marketing contracts and agreements between the association and its members or any agreements authorized in this chapter be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.

Acts 1984, ch. 864, § 41.

59-13-140. Fees — Liability for privilege tax.

  1. Each association, organized pursuant to this chapter, shall pay an annual fee of ten dollars ($10.00) only, in lieu of all franchise or license or corporation or other privilege taxes or taxes or charges upon reserves held by it for members; provided, however, that if any association organized pursuant to this chapter sells to persons other than its own members any product or merchandise other than coal or its derivative products, such association shall be liable for any privilege tax with respect to such transactions or method of doing business imposed under the laws of Tennessee, other than franchise and excise taxes and corporation filing fees or charges upon reserves held by it for members.
  2. For filing articles of incorporation, an association organized pursuant to this chapter shall pay ten dollars ($10.00); and for filing an amendment to the articles, two dollars and fifty cents ($2.50).

Acts 1984, ch. 864, §§ 43, 44.

59-13-141. Combinations — Amendment of preexisting charters.

Corporations not for profit, of this class, heretofore organized under the general incorporation laws, or laws later enacted, are empowered to combine into associations upon such terms as may be provided and agreed upon, or by one becoming a member of the other. Further, preexisting charters of such corporations are hereby amended, under the power reserved to the general assembly, so as to bring such corporations into conformity with this chapter, thus granting such corporations the powers and imposing upon them the duties and liabilities set forth in this chapter.

Acts 1984, ch. 864, § 45.

Cross-References. Corporations generally, title 48.

Corporations not for profit, title 48, chs. 51-69.

59-13-142. Exemption for subsidiaries.

All corporations organized as subsidiaries and controlled by any coal cooperative association formed in accordance with the laws of this state shall not be considered corporations organized for profit and doing business in Tennessee, or subject to any privilege tax levied by any law as a tax for the privilege of doing business for profit in Tennessee, it being the legislative intent to exempt by this section all such subsidiary corporations controlled by coal cooperative associations, where any and all profits earned by such subsidiary corporations are paid over to or expended for the benefit of such coal cooperative associations, with the result that the activities carried on by such corporations eventually promote and benefit the coal interest of this state.

Acts 1984, ch. 864, § 46.

59-13-143. Applicability of existing exemptions.

Any exemptions whatsoever under all existing laws applying to coal or its derivatives in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members, in the possession or under the control of the association.

Acts 1984, ch. 864, § 36.

59-13-144. Applicability of corporation laws — Conflicting laws.

  1. The general corporation laws and all powers and rights under such laws shall apply to the associations organized pursuant to such laws, except where such provisions are in conflict or inconsistent with the express provisions of this chapter.
  2. Any law which is in conflict with this chapter shall be construed as not applying to the associations herein provided for.

Acts 1984, ch. 864, §§ 35, 42.

Cross-References. Corporations generally, title 48.