§ 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.”
§ 59-8-102. Part Definitions. [Contingent Effective Date, See Compiler’s notes.]
As used in this part, unless the context otherwise requires: “Affected area”: Means any land or water surface area that is used to facilitate, or is physically altered by, coal surface mining and reclamation operations; and Includes: The disturbed area; Any area upon which coal surface mining and reclamation operations are conducted; Any adjacent lands, […]
§ 59-8-103. Powers of Commissioner and Board. [Contingent Effective Date, See Compiler’s notes.]
The commissioner shall: Administer and enforce this part and rules, permits, and orders promulgated or issued under this part; 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 […]
§ 59-8-104. Additional Powers of Commissioner. [Contingent Effective Date, See Compiler’s notes.]
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: An emergency […]
§ 59-8-105. Coal Exploration Operations and Activities. [Contingent Effective Date, See Compiler’s notes.]
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). The rules for coal exploration operations shall include: A requirement that prior to conducting any coal exploration, a person shall file a notice of intention to explore with the commissioner, […]
§ 59-8-106. Permits for Surface Coal Mining and Reclamation Activities. [Contingent Effective Date, See Compiler’s notes.]
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 […]
§ 59-8-107. Permit and Acreage Fees. [Contingent Effective Date, See Compiler’s notes.]
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. The basic application fee shall be: For a new permit, three thousand eight hundred fifty dollars ($3,850); For a […]
§ 59-8-108. Performance Bond or Security Requirements. [Contingent Effective Date, See Compiler’s notes.]
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 […]
§ 59-8-109. Mining and Reclamation Plan. [Contingent Effective Date, See Compiler’s notes.]
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. The mining and reclamation plan may be changed with the commissioner’s approval, at any time upon application of […]
§ 59-8-110. Performance Standards. [Contingent Effective Date, See Compiler’s notes.]
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. 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. Steep slope surface coal […]
§ 59-8-111. Permits for Underground Coal Mining. [Contingent Effective Date, See Compiler’s notes.]
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. The board shall […]
§ 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.]
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 […]
§ 59-8-113. Revision of Permit — Transfer, Assignment, or Sale Prohibited Without Approval. [Contingent Effective Date, See Compiler’s notes.]
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 […]
§ 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.]
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 […]
§ 59-8-115. Request for Release of All or Part of Performance Bond or Deposit. [Contingent Effective Date, See Compiler’s notes.]
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 […]
§ 59-8-116. Complaints — Cease and Desist Orders. [Contingent Effective Date, See Compiler’s notes.]
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 […]
§ 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.]
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 […]
§ 59-8-118. Civil Action for Relief — Action to Enforce Order. [Contingent Effective Date, See Compiler’s notes.]
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 […]
§ 59-8-119. Civil Action by Aggrieved Person — Intervention by Commissioner. [Contingent Effective Date, See Compiler’s notes.]
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: Against the state or any state or local governmental agency, […]
§ 59-8-120. Hearings. [Contingent Effective Date, See Compiler’s notes.]
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. 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. The administrative judge to whom the case has been […]