§ 59-8-201. Short Title
This part shall be known and may be cited as the “Tennessee Mineral Surface Mining Law of 1972.”
§ 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: “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. […]
§ 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 […]
§ 59-8-204. Powers of the Commissioner
The commissioner shall exercise the following authority and powers to: Administer and enforce the provisions of this part and all rules and regulations and orders promulgated thereunder; 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 […]
§ 59-8-205. Permits, Requirements and Criteria — Amendment — Appeal Upon Failure to Grant — Renewal
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 […]
§ 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, […]
§ 59-8-207. Performance Bonds
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 […]
§ 59-8-208. Mining and Reclamation Plans
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: Regrading the area to approximately the original or rolling topography, and elimination […]
§ 59-8-209. Revegetation Plan
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 […]
§ 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 […]
§ 59-8-211. Notice of Noncompliance — Forfeiture of Bond
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 […]
§ 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 […]
§ 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 […]
§ 59-8-213. Utilizing Services of Other Agencies or Persons — Compensation — Funding
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 […]
§ 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.
§ 59-8-215. State’s Power to Acquire Land Affected by Surface Mining
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 […]
§ 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.
§ 59-8-217. Acquisitions and Disposals of Land After Reclamation
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 […]
§ 59-8-223. Injunctive Relief
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 […]
§ 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.