flag of tennessee2024 Tennessee Code Unannotated

Title 59 Mines And Mining

Chapter 1 Chief and District Mine Inspectors
§ 59-1-101. Owners and operators to make annual statistical reports — Inspection of books.
  1. (a) Every owner or operator engaged in mining, quarrying, or production of coal, cobalt, copper, fluorspar, gold, iron ores, lead, zinc, manganese, natural and other gas, petroleum, phosphate rock, platinum, silver, marble and other stone, gypsum, ocher, pyrites, clay products, 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. (b) 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.
History (11)
  • 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.
§ 59-1-102. False statements in statistical reports — Penalty.
  1. (a) It is unlawful for any person required to furnish statistical reports to any state department to knowingly and willfully make a false statement in any detail of such reports.
  2. (b) A violation of this section is a Class C misdemeanor.
History (4)
  • 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.
§ 59-1-103. Annual license required for mine operation — Posting.
  1. (a) The owner or operator of each mine shall procure from the department of labor and workforce development a license to operate a mine, and the license shall not be transferable. Any person who assumes control of a mine, opens a new mine, or reopens an abandoned mine shall 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. (b) 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.
Backlinks (1)
History (7)
  • 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.
§ 59-1-104. License — Fee.
  1. (a) Requests for such license shall be made to the department of labor and workforce development, giving name and address and such requests shall be accompanied by a post office money order or cashier's or certified check drawn in favor of the state treasurer in the amount of two 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. (b) 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.
Backlinks (1)
History (11)
  • 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.
§ 59-1-105. Failure to obtain license.
  1. 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.
History (5)
  • 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.
Chapter 4 Certification and Duties of Mine Employees
Part 1 Examinations
§ 59-4-101. Position of mine foreman — Examinations for applicants.
  1. 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.
History (11)
  • 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.
Part 2 Certification
§ 59-4-201. Evidence of qualifications — Fees — Temporary permits.
  1. (a)
    1. (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. (A) For conducting the examination (to be paid when examination is held) twenty-five dollars ($25.00); and
      2. (B) For issuance and registration of the certificates, twenty-five dollars ($25.00) to be paid when issued.
    2. (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.
  2. (b) 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.
History (13)
  • 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.
§ 59-4-202. Reports to secretary of state — Certification of applicants.
  1. 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.
History (7)
  • 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.
  1. 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.
History (6)
  • 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. (a) The commissioner of labor and workforce development or the commissioner's authorized representative may, upon a written complaint, investigate a mine foreman to whom a certificate has been issued under this chapter, and may revoke a mine foreman certificate upon a finding 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. (b) 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.
History (9)
  • 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.
  1. 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.
History (8)
  • 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.
§ 59-4-206. Lost certificates — Copies.
  1. 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.
History (5)
  • 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.
  1. 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.
History (6)
  • 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.
§ 59-4-208. Registration and certification requirements for mine foremen.
  1. (a)
    1. (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. (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.
  2. (b)
    1. (1) Each mine foreman employed at an underground coal mine shall possess a Class “A” mine foreman certificate.
    2. (2) Each mine foreman employed at an open pit mine, metal mine, or preparation plant shall possess a Class “C” mine foreman certificate.
History (10)
  • 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.
Part 3 Mine Foremen
§ 59-4-301. Qualifications and duties of mine foreman — Penalty for failure to comply with laws.
  1. (a) In order to protect the health and safety of persons employed in or around mines and the mine property, the operator or superintendent shall employ a competent and practical overseer of each and every mine whose title shall be “mine foreman.”
  2. (b) 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.
  3. (c)
    1. (1) As used in this section:
      1. (A) “Mining site” means all mines and the surrounding property used in mining operations; and
      2. (B) “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. (2) A qualified assistant shall have the ability, training, knowledge, and experience to ensure compliance with all legally imposed safety standards.
    3. (3) A qualified assistant must be able to effectively communicate legally imposed safety standards to all persons present at the mining site.
    4. (4) A qualified assistant shall have the same authority as the foreman when the foreman is not present at the mining site.
    5. (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. (6) More than one (1) person may be designated as a qualified assistant, if circumstances or logistics related to the mining site so require.
    7. (7)
      1. (A) 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. (B) 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.
  4. (d) Failure of the mine foreman to comply with the duties set forth herein is a Class B misdemeanor.
History (11)
  • 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.
§ 59-4-302. Mine foreman is agent or representative of operator or owner.
  1. 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.
Backlinks (1)
History (5)
  • 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.
§ 59-4-303. Foreman to give notice of accidental death — Inquest — Notice of fire or explosion.
  1. 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.
History (10)
  • 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.
Part 4 Miscellaneous Provisions
§ 59-4-401. Reports required of owners, superintendents or foremen.
  1. It is the further duty of every owner, lessee of any coal lands, superintendent, or foreman to report the facts in the following cases promptly, to the department of labor and workforce development:
    1. (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. (2) Any working commenced for the purpose of opening a new shaft, slope, or mine;
    3. (3) Where any mine is abandoned or the working thereof is discontinued indefinitely;
    4. (4) Where the working of any mine is recommenced after any abandonment or discontinuance for a period of two (2) months;
    5. (5) Every lost-time accident in a mine other than a commercial coal mine, whether it results in death or not; and
    6. (6) Every accident of any nature to a person in a commercial coal mine, whether it results in death or not.
History (10)
  • 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.
§ 59-4-402. Rules and regulations.
  1. 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.
History (1)
  • Acts 1992, ch. 574, § 9.
§ 59-4-403. Mine safety training programs — Fee.
  1. 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.
History (1)
  • Acts 2000, ch. 810, § 2.
Chapter 8 Strip and Open Pit Mines
Part 1 Primacy and Reclamation Act of Tennessee
§ 59-8-101. Short title — Legislative findings and declarations — Purpose.
  1. (a) This part shall be known and may be cited as the “Primacy and Reclamation Act of Tennessee.”
  2. (b) The general assembly finds and declares that:
    1. (1) Coal is an integral component of the nation's energy requirements and that there is a need to strike a balance between protection of the environment, agricultural productivity, and economic development and the nation's need for coal as a source of energy;
    2. (2) The unregulated exploration for and surface mining of coal can cause soil erosion and landslides, water and air pollution, and accumulation and seepage of contaminated water, and may contribute to floods, impair the value of land, adversely affect fish and wildlife and their habitats, counteract efforts for the conservation of soil, water, and other natural resources, adversely affect cultural resources, impair neighboring owners' property rights, create fire hazards, and in general create 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, exploration for, and surface mining of coal; and
    3. (3) There are wide variations in the circumstances and conditions surrounding and arising out of the exploration for and surface mining of coal, due primarily to differences in topographical, geological, and soil conditions, which make it 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.
  3. (c) It is the purpose of this part to:
    1. (1) Assume for this state exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within this state under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.);
    2. (2) Develop, implement, and enforce a program which, at a minimum, will achieve the purposes of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) and the regulations promulgated thereunder;
    3. (3) Assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances to the land are fully protected from those operations;
    4. (4) Assure that surface coal mining operations are not conducted where reclamation as required by this part is not feasible;
    5. (5) Assure that surface coal mining operations are conducted in a manner protective of the environment;
    6. (6) Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;
    7. (7) Assure that appropriate procedures are provided for public participation in the development, revision, and enforcement of rules, standards, reclamation plans, or programs established by the state under this part;
    8. (8) Assure that the coal supply integral to the energy requirements of the nation and to its economic and social well-being is provided, and to strike a balance between protection of the environment, agricultural productivity and economic development and the need of the nation for coal as an integral component of the nation's energy requirements; and
    9. (9) To, wherever necessary, exercise the full reach of state constitutional powers to ensure the protection of the public interest through effective control of surface coal mining operations.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-102. Part definitions.
  1. As used in this part:
    1. (1) “Affected area”:
      1. (A) Means any land or water surface area that is used to facilitate, or is physically altered by, surface coal mining and reclamation operations; and
      2. (B) Includes:
        1. (i) The disturbed area;
        2. (ii) Any area upon which surface coal mining and reclamation operations are conducted;
        3. (iii) Any adjacent lands, the use of which is incidental to surface coal mining and reclamation operations;
        4. (iv) All areas covered by new or existing roads used to gain access to, or for hauling coal to or from, surface coal mining and reclamation operations;
        5. (v) 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. (vi) Any areas upon which are sited structures, facilities, or other property or materials on the surface resulting from, or incidental to, surface coal mining and reclamation operations; and
        7. (vii) The area located above underground workings;
    2. (2) “Alluvial valley floors” means the unconsolidated stream laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas that are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation, and windblown deposits;
    3. (3) “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; water impoundments may be permitted where the commissioner determines that the water impoundments comply with § 59-8-110(b)(8);
    4. (4) “Commissioner” means the commissioner of environment and conservation or the commissioner's designee;
    5. (5) “Department” means the department of environment and conservation;
    6. (6) “Federal lands” means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian land; provided, that for the purposes of this part, lands or mineral interests east of the one hundredth meridian west longitude owned by the United States and entrusted to or managed by the Tennessee Valley Authority are not subject to 30 U.S.C. §§ 1304 and 1305;
    7. (7) “Federal program” means a program established by the secretary pursuant to 30 U.S.C. § 1254 to regulate surface coal mining and reclamation operations on lands within a state in accordance with the requirements of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.);
    8. (8) “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;
    9. (9) “Lands eligible for remining” means those lands that would otherwise be eligible for expenditures under 30 U.S.C. §§ 1232(g)(4) or 1234;
    10. (10) “Locality” means the county where all or the majority of a surface coal mining and reclamation operation is located;
    11. (11) “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.);
    12. (12) “Operator” means any person, partnership, or corporation engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive months in any one (1) location;
    13. (13) “Other minerals” means clay, stone, sand, gravel, metalliferous and nonmetalliferous ores, and any other solid material or substances of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and those minerals that occur naturally in liquid or gaseous form;
    14. (14) “Permit” means a permit to conduct surface coal mining and reclamation operations issued by the commissioner;
    15. (15) “Permit applicant” or “applicant” means a person applying for a permit;
    16. (16) “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 is covered by the operator's bond as required by § 59-8-108 and shall be readily identifiable by appropriate markers on the site as required by § 59-8-112(j);
    17. (17) “Permittee” means a person holding, or required by this part or rules promulgated by the commissioner to hold, a permit;
    18. (18) “Person” means an individual, partnership, association, society, governmental agency or entity, joint stock company, firm, company, corporation, or other business organization;
    19. (19) “Prime farmland” has the same meaning as that previously prescribed by the United States 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;
    20. (20) “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 operations pursuant to § 59-8-109;
    21. (21) “Secretary” means the secretary of the interior;
    22. (22) “Spoil bank” means the overburden as it is piled or deposited in the process of mining;
    23. (23) “Surface coal mining and reclamation operations” means surface coal mining operations and all activities necessary and incident to the reclamation of surface coal mining operations occurring on and after May 26, 2021;
    24. (24) “Surface coal mining operations” means:
      1. (A) Activities conducted on the surface of lands in connection with a surface coal mine or subject to § 59-8-111 relative to surface operations and surface impacts incident to an underground coal mine. Such activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, 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 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 (16⅔%) of the tonnage of minerals removed for purposes of commercial use or sale or coal explorations subject to § 59-8-105; and
      2. (B) The areas upon which the activities described in subdivision (24)(A) occur or where the activities disturb the natural land surface. Such areas also include any adjacent land, the use of which is incidental to any of the activities described in subdivision (24)(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 (24)(A) and 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 incident to any of the activities described in subdivision (24)(A);
    25. (25) “Unwarranted failure to comply” means the failure of a 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; and
    26. (26) “Willful” or “willfully” means that a person acted:
      1. (A) Intentionally, voluntarily, or consciously; and
      2. (B) With intentional disregard or plain indifference to legal requirements.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-103. Duties of commissioner.
  1. (a) The commissioner shall:
    1. (1) Administer the programs for controlling surface coal mining operations that are required by this part and enforce this part, and rules, permits, and orders promulgated or issued under this part;
    2. (2) Conduct and obtain investigations, research, experiments, training programs, and demonstrations, and collect and disseminate information relating to exploration, surface coal mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface coal mining;
    3. (3) Examine and either approve, request modification of, or disapprove applications for permits, maps, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by applicants;
    4. (4) Conduct those investigations and inspections necessary to ensure compliance with this part, including the authority to enter at any time upon a suspected affected area or an affected area for investigations and inspections and the right of ingress and egress across intervening properties;
    5. (5) Employ and commission qualified individuals as surface coal mining personnel as provided in § 11-1-101. When properly qualified and commissioned, surface coal mining personnel shall enforce all laws, rules, permits, and orders administered by the commissioner under this part, including, but not limited to, authorization to serve process;
    6. (6) Conduct hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and production of written or printed material as provided for in this part;
    7. (7) Issue cease-and-desist orders and other orders as authorized by this part, in the office or on-site, requiring the adoption by a person of remedial measures necessary for carrying out this part or permits issued under this part;
    8. (8) Order the suspension, revocation, or withholding of any permit for failure to comply with any of this part or any rules adopted pursuant to this part;
    9. (9)
      1. (A) Promulgate rules in accordance with title 4, chapter 5, as may be necessary to carry out the purposes of this part, including obtaining and maintaining the state's status as a regulatory authority under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.);
      2. (B) 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;
      3. (C) The rules may include federal program regulations promulgated specifically for this state under 30 CFR part 942, if the commissioner determines that such regulations are necessary to carry out the purposes of this part;
      4. (D) Unless otherwise specifically authorized by this part, no rule promulgated under this subdivision (a)(9) shall impose a requirement that is more stringent than any existing federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.);
      5. (E) Any person may petition the commissioner to initiate a proceeding for the issuance, amendment, or repeal of a rule promulgated pursuant to this part. This subdivision (a)(9)(E), and not § 4-5-201, shall apply to rules promulgated pursuant to this part;
        1. (i) The petition must be filed with the commissioner and must state the facts that support the issuance, amendment, or repeal of a rule promulgated pursuant to this part;
        2. (ii) The commissioner may hold a public hearing or may conduct such investigation or proceeding as the commissioner considers appropriate in order to determine whether the petition should be granted or denied; and
        3. (iii) Within ninety (90) days after the filing of a petition described in subdivision (a)(9)(E)(i), the commissioner shall either grant or deny the petition. If the commissioner grants the petition, the commissioner shall promptly commence rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If the commissioner denies the petition, the commissioner shall notify the petitioner in writing setting forth the reasons for the denial;
    10. (10) Administer the program for the purchase and reclamation of abandoned and unreclaimed mined areas as provided in part 3 of this chapter; and
    11. (11) Perform such other duties as may be provided by law and relate to the purposes of this part.
  2. (b) The commissioner may, to effectuate the purposes of this part:
    1. (1) Enter into contracts or other agreements; and
    2. (2) Apply for, accept, administer, and utilize loans and grants from the federal government, state government, and from any other sources.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-104. Severability.
  1. If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are declared to be severable.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-105. Rules for coal exploration operations.
  1. (a)
    1. (1) Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules promulgated by the commissioner.
    2. (2) The rules for coal exploration operations shall include, but not be limited to, requirements that:
      1. (A) Any person planning to conduct exploration operations obtain an exploration permit from the commissioner before conducting those operations;
      2. (B) The applicant submit:
        1. (i) A description of the exploration area and the period of supposed exploration and any other information as the commissioner may require in the permit application; and
        2. (ii) A fee as established by rule and a performance bond or other financial assurance in an amount at least as much as is necessary to reclaim the proposed disturbance as described in subdivision (a)(2)(C); and
      3. (C) Reclamation in accordance with the performance standards in § 59-8-110 of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment.
  2. (b) Any person who conducts any coal exploration activities that substantially disturb the natural land surface in violation of this part or rules promulgated pursuant to this part is subject to the penalties in § 59-8-117.
  3. (c) No operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the commissioner.
  4. (d) 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, is not available for public examination under title 10, chapter 7.
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History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-106. Permits for engaging in surface coal mining operations.
  1. (a)
    1. (1) No person shall engage in surface coal mining operations without having first obtained a permit from the commissioner. All permits issued under this part must be issued for a term not to exceed five (5) years; however, if the applicant demonstrates that a specified longer 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 the specified longer term, the commissioner may issue a permit for the longer term.
    2. (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 surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the successor's application for a new permit and plan is granted or denied; provided, that operations under the original permit must not exceed the termination date of the original permit.
  2. (b) The issuance of permits shall be subject to payment of any required fee, posting the performance bond required by this part, and submission to the department of an application, in a manner satisfactory to the commissioner, containing any information that is necessary to assure compliance with this part as prescribed in the rules promulgated by the commissioner, including but not limited to, the following:
    1. (1) The names and addresses of:
      1. (A) The permit applicant;
      2. (B) Every legal owner of record of the property, both surface and mineral, to be mined;
      3. (C) The holders of record of any leasehold interest in the property;
      4. (D) Any purchaser of record of the property under a real estate contract;
      5. (E) The operator, if the operator is a person different from the applicant; and
      6. (F) If any person identified in subdivisions (b)(1)(A)-(E) is a business entity other than a single proprietor, the names and addresses of the principals, officers, and resident agent of the business entity;
    2. (2) The names and addresses of the owners of record of all surface and subsurface areas adjacent to any part of the permit area;
    3. (3) A statement of any current or previous surface coal mining permits in the United States held by the applicant and the permit identification and each pending application;
    4. (4) If the applicant is a partnership, corporation, association, or other business entity, the following where applicable:
      1. (A) The names and addresses of every officer, partner, director, or person performing a function similar to a director, of the applicant;
      2. (B) The name and address of any person owning, of record ten percent (10%) or more of any class of voting stock of the applicant; and
      3. (C) A list of all names under which the applicant, partner, or principal shareholder previously operated a surface mining operation within the United States within the five-year period immediately preceding the date of submission of the application;
    5. (5) A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant, has ever held a federal or state mining permit which in the five-year period immediately prior to the date of submission of the application has been suspended or revoked or has had a mining bond or similar security deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved;
    6. (6) A copy of the applicant's advertisement to be published in a newspaper of general circulation in the locality of the proposed site at least once a week for four (4) successive weeks, and which includes the ownership, a description of the exact location and boundaries of the proposed site sufficient so that the proposed operation is readily locatable by local residents, and the location of where the application is available for public inspection as provided in § 59-8-112(a);
    7. (7) A description of the type and method of coal mining operation that exists or is proposed, the engineering techniques proposed or used, and the equipment used or proposed to be used;
    8. (8) The anticipated or actual starting and termination dates of each phase of the mining operation and number of acres of land to be affected;
    9. (9) The area of land within the permit area upon which the applicant has the legal right to enter and commence surface mining operations identified on an accurate map or plan, to an appropriate scale, clearly showing the land to be affected as of the date of the application and a statement of those documents upon which the applicant bases the applicant's legal right to enter and commence surface mining operations on the area affected, and whether that right is the subject of pending court litigation; provided, however, that nothing in this part vests in the commissioner the jurisdiction to adjudicate property title disputes;
    10. (10) The name of the watershed and location of the surface stream or tributary into which surface and pit drainage will be discharged;
    11. (11) A determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and groundwater systems including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the commissioner of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability; provided, however, no determination shall be required until the time hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency. No permit shall be issued until the information required by this subdivision (b)(11) is available and is incorporated into the application;
    12. (12) When requested by the commissioner, the climatological factors that are peculiar to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges;
    13. (13) Accurate maps to an appropriate scale clearly showing:
      1. (A) The land to be affected as of the date of application; and
      2. (B) All types of information set forth on topographical maps of the United States Geological Survey of a scale of 1:24,000 or 1:25,000 or larger, including all manmade features and significant known archeological sites existing on the date of application. Such a map or plan must, among other things specified by the commissioner, show all boundaries of the land to be affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and the location of all buildings within one thousand feet (1,000′) of the permit area;
    14. (14) Cross-section maps or plans of the land to be affected including the actual area to be mined, prepared by or under the direction of and certified by a qualified registered professional engineer, or professional geologist with assistance from experts in related fields such as land surveying and landscape architecture, showing pertinent elevations and locations of test borings or core samplings and depicting the following information:
      1. (A) The nature and depth of the various strata of overburden;
      2. (B) The location of subsurface water, if encountered, and its quality;
      3. (C) The nature and thickness of any coal or rider seam above the coal seam to be mined;
      4. (D) The nature of the stratum immediately beneath the coal seam to be mined;
      5. (E) All mineral crop lines and the strike and dip of the coal to be mined, within the area of land to be affected;
      6. (F) Existing or previous surface mining limits;
      7. (G) The location and extent of known workings of any underground mines, including mine openings to the surface;
      8. (H) The location of aquifers;
      9. (I) The estimated elevation of the water table;
      10. (J) The location of spoil, waste, or refuse areas and top-soil preservation areas;
      11. (K) The location of all impoundments for waste or erosion control;
      12. (L) Any settling or water treatment facility;
      13. (M) Any constructed or natural drainways and the location of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and
      14. (N) Profiles at appropriate cross-sections of the anticipated final surface configuration that will be achieved pursuant to the operator's proposed reclamation plan;
    15. (15)
      1. (A) A statement of the result of test borings or core samplings from the permit area, including:
        1. (i) Logs of the drill holes;
        2. (ii) The thickness of the coal seam found and, an analysis of the chemical properties of such coal;
        3. (iii) The sulfur content of any coal seam;
        4. (iv) Chemical analysis of potentially acid or toxic forming sections of the overburden; and
        5. (v) Chemical analysis of the stratum lying immediately underneath the coal to be mined;
      2. (B) The provisions of this subdivision (b)(15) may be waived by the commissioner with respect to the specific application by a written determination that such requirements are unnecessary; and
    16. (16) For those lands in the permit application that a reconnaissance inspection suggests may be prime farmlands, a soil survey shall be made or obtained according to standards established by the United States secretary of agriculture in order to confirm the exact location of such prime farmlands, if any.
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  3. (c) 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.
  4. (d) Each applicant for a surface coal mining and reclamation operation permit shall submit a reclamation plan that meets the requirements of this part, to the commissioner as part of the permit application.
  5. (e) Each applicant for a surface coal 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 § 59-8-110(b)(15).
  6. (f) Each applicant for a surface coal 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 coal 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 coal mining and reclamation operations, including the use of explosives, and entitled to compensation under the applicable provisions of law. 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. (g) 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. (1) The written consent of the surface owner to the extraction of coal by surface mining methods;
    2. (2) A copy of a conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or
    3. (3) If the conveyance does not expressly grant the right to extract coal by surface mining methods, documentation that the applicant has the legal authority to extract the 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 to adjudicate property rights disputes.
    Backlinks (1)
  8. (h) The applicant for a permit shall submit a schedule listing any and all notices of violations 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 incurred by the applicant in connection with any surface coal mining operation during the three-year period immediately prior to the date of application. The schedule must also indicate the final resolution of any such notice of violation.
    Backlinks (1)
  9. (i)
    1. (1) If the commissioner finds that the probable total annual production at all locations of an operator will not exceed three hundred thousand (300,000) tons, the cost of the following activities, which shall be performed by a qualified public or private laboratory or such other public or private qualified entity designated by the commissioner, shall be assumed by the commissioner, subject to the availability of federal or other special funds specified for that purpose, upon the written request of the operator in connection with a permit application:
      1. (A) The determination of probable hydrologic consequences required by subdivision (b)(11), including the engineering analyses and designs necessary for the determination;
      2. (B) The development of cross-section maps and plans required by subdivision (b)(14);
      3. (C) The geologic drilling and statement of results of test borings and core samplings required by subdivision (b)(15);
      4. (D) The collection of archaeological information required by subdivision (b)(13) and any other archaeological and historical information required by the commissioner, and the preparation of plans necessitated thereby;
      5. (E) Pre-blast surveys required by § 59-8-110(b)(15); and
      6. (F) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values as required by the commissioner under this part.
    2. (2) An operator that has received assistance pursuant to subdivision (i)(1) shall reimburse the department for the cost of the services rendered if the commissioner finds that the operator's actual and attributed annual production of coal for all locations exceeds three hundred thousand (300,000) tons during the twelve (12) months immediately following the date on which the operator is issued the surface coal mining and reclamation permit.
  10. (j) The commissioner shall promulgate rules implementing exemption from this part for the following activities:
    1. (1) Extraction of coal as an incidental part of federal, state, or local government financed highway or other construction; and
    2. (2) Extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner.
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History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-107. Fees.
  1. (a) The commissioner shall establish fees determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under this part. The fees may include, but are not limited to, an exploration permit fee, an application fee, and a maintenance acreage fee taking into account the acreage permitted. In no instance shall a permit application fee exceed the actual or anticipated cost of reviewing, administering, and enforcing the permit.
  2. (b) Prior to promulgating any fee increase, the commissioner shall review the basis for the fee increase and make a determination that the fee increase is warranted. The factors used in the determinations must include, if relevant: staffing needs, ability to attract and retain quality staff, feasible cost containment measures, comparisons with salaries paid by other governments and the private sector, levels of federal grants and state appropriations, and the ability of the program to maintain or improve its performance in carrying out its duties.
  3. (c) Fees collected pursuant to this section shall be deposited in the coal mining protection fund, created in § 59-8-132.
  4. (d) No permit, renewal, or transfer of a permit shall be issued to an applicant until all fees required by this section are paid in full.
  5. (e)
    1. (1) If a fee required by this section is not paid within fifteen (15) days after the due date, a penalty of five percent (5%) of the amount due accrues at once. Thereafter, on the first day of each month during which a fee or accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance accrues. In addition, a fee not paid within fifteen (15) days after the due date bears interest at the maximum rate permitted under title 47, chapter 14, or another law, from the due date to the date paid; provided, however, the total of the penalties and interest that accrue pursuant to this subsection (e) must not exceed three (3) times the amount of the original fee.
    2. (2) If a fee is not paid in full, including any interest and penalty within sixty (60) days of the due date, the commissioner may suspend the permit, pending the opportunity for hearing, until the amount due is paid in full, and refer the matter for collection.
    3. (3) In addition to the other powers and authority provided in this section, the commissioner is authorized to seek injunctive relief in the chancery court of Sumner County or any court of competent jurisdiction for a judgment in the amount owed the state under this chapter.
    4. (4)
      1. (A) A person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing.
      2. (B) In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date.
      3. (C) The hearing must be conducted in accordance with contested case provisions in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
      4. (D) If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.
Backlinks (1)
History (2)
  • Acts 2021, ch. 548, § 3
  • 2023, ch. 401, § 2.
§ 59-8-108. Performance bonds.
  1. (a) After a surface coal mining and reclamation permit application is approved, but prior to issuance of the permit, the applicant shall file with the commissioner, on a form prescribed and furnished by the commissioner, a bond for performance payable to this state and 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 to be 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. The commissioner shall determine the amount of the bond required for each bonded area based upon the reclamation requirements of the approved permit and the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential. The amount of the bond must be sufficient to assure the completion of the reclamation plan if the work had to be performed by the commissioner in the event of forfeiture and in no case shall the bond for the entire area under one (1) permit be less than seventy-five thousand dollars ($75,000).
  2. (b)
    1. (1) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with operator's responsibility for revegetation requirements in § 59-8-110. The bond must be executed by the operator and a corporate surety licensed to do business in this state, except that, subject to the approval of the commissioner, the operator may elect to deposit cash, negotiable bonds of the federal government or this state, negotiable certificates of deposit of any bank organized or transacting business in the United States, or any other collateral bonding method authorized by regulations promulgated by the secretary under such conditions as prescribed by the secretary. The cash deposit or market value of such securities shall be equal to or greater than the amount of the bond required for the bonded area. Cash or securities so deposited shall be deposited upon the same terms as the terms upon which surety bonds may be deposited.
    2. (2) The commissioner may approve an alternative bonding system if the system will achieve the objectives and purposes of the bonding program pursuant to this section.
  3. (c) [Deleted by 2023 amendment.]
  4. (d) The commissioner shall adjust the amount of the bond or deposit required and the terms of each acceptance of the operator's bond 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.
Backlinks (4)
History (2)
  • Acts 2021, ch. 548, § 3
  • 2023, ch. 401, §§ 3, 4.
§ 59-8-109. Reclamation plan.
  1. (a) Each permit application shall include a reclamation plan that meets the requirements prescribed by the commissioner and contains the information in the degree of detail necessary to demonstrate that reclamation required by this part can be accomplished, including but not limited to:
    1. (1) The identification of the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought;
    2. (2) The condition of the land to be covered by the permit prior to any mining, including:
      1. (A) The uses existing at the time of the application, and if the land has a history of previous mining, the uses which preceded any mining;
      2. (B) The capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to § 59-8-106(b)(16); and
      3. (C) The productivity of the land prior to mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management;
    3. (3) The use that is proposed to be made of the land following reclamation, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and plans, and the comments of any owner of the surface and state and local governments, or agencies or subdivisions of such governments, that would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation;
    4. (4) A detailed description of how the proposed postmining land use is to be achieved and the necessary support activities that may be needed to achieve the proposed land use;
    5. (5) The engineering techniques proposed to be used in mining and reclamation and a description of the major equipment; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in § 59-8-110(b)(7)(A)-(D), for those food, forage, and forest lands identified in § 59-8-110(b)(7); an estimate of the cost per acre of the reclamation, including a statement as to how the permittee plans to comply with each of the requirements set out in § 59-8-110;
    6. (6) The consideration given to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future can be minimized;
    7. (7) A detailed estimated timetable for the accomplishment of each major step in the reclamation plan;
    8. (8) The consideration given to making the surface mining and reclamation operations consistent with surface owner plans, and applicable state and local land use plans and programs;
    9. (9) The steps to be taken to comply with applicable air and water quality laws and rules and any applicable health and safety standards;
    10. (10) The consideration given to developing the reclamation plan in a manner consistent with local physical environmental and climatological conditions;
    11. (11) All lands, interests in lands, or options on such interests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the area to be covered by the permit;
    12. (12) The results of test boring that the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the commissioner, including the location of subsurface water, and an analysis of the chemical properties, including acid forming properties of the mineral and overburden. Information that pertains only to the analysis of the chemical and physical properties of the coal, excepting information regarding such mineral or elemental contents that is potentially toxic in the environment, shall be kept confidential and not made a matter of public record; and
    13. (13) A detailed description of the measures to be taken during the mining and reclamation process to assure the protection of:
      1. (A) The quality of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process;
      2. (B) The rights of present users to such water; and
      3. (C) The quantity of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured.
  2. (b) Any information required by this section that is not required to be open for public inspection by this part shall be held in confidence by the commissioner and not made available for public inspection under title 10, chapter 7.
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History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-110. General performance standards for surface coal mining and reclamation operations — Grant of permit without regard to requirement to restore to approximate original contour — Performance standards applicable to steep-slope surface coal mining — Variances.
  1. (a) Any permit issued under this part to conduct surface coal mining and reclamation operations must require the operations to meet all applicable performance standards of this part and such other requirements as the commissioner shall promulgate.
  2. (b) General performance standards apply to all surface coal mining and reclamation operations and must require the operation, at a minimum, to:
    1. (1) Conduct surface coal mining operations to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future through surface coal mining can be minimized;
    2. (2) Restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicants' declared proposed land use following reclamation is not deemed to be impractical or unreasonable or inconsistent with applicable land use policies and plans, involve unreasonable delay in implementation, or violate federal, state, or local law;
    3. (3)
      1. (A) Except as provided in subsection (c) with respect to all surface coal mining operations backfill, compact (where advisable to ensure stability or to prevent leaching of toxic materials), and grade in order to restore the approximate original contour of the land with all highwalls, spoil piles, and depressions eliminated, unless small depressions are needed in order to retain moisture to assist revegetation or as otherwise authorized pursuant to this part;
      2. (B) Notwithstanding subdivision (b)(3)(A), in surface coal mining:
        1. (i) Which is carried out at the same location over a substantial period of time where the operation transects the coal deposit, and the thickness of the coal deposits relative to the volume of the overburden is large and where the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area is insufficient, giving due consideration to volumetric expansion, to restore the approximate original contour, the operator, at a minimum, shall backfill, grade, and compact (where advisable) using all available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose, to provide adequate drainage and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region; and
        2. (ii) Where the volume of overburden is large relative to the thickness of the coal deposit and where the operator demonstrates that due to volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour, the operator shall after restoring the approximate contour, backfill, grade, and compact (where advisable) the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose, and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region and that such overburden or spoil shall be shaped and graded in such a way as to prevent slides, erosion, and water pollution and is revegetated in accordance with the requirements of this part;
    4. (4) Stabilize and protect all surface areas including spoil piles affected by the surface coal mining and reclamation operation to effectively control erosion and attendant air and water pollution;
    5. (5) Remove the topsoil from the land in a separate layer, replace it on the backfill area, or if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick-growing plants or other means thereafter so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation, except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata that is best able to support vegetation;
    6. (6) Restore the topsoil or the best available subsoil which is best able to support vegetation;
    7. (7) For all prime farmlands as identified in § 59-8-106(b)(16) to be mined and reclaimed, specifications for soil removal, storage, replacement, and reconstruction shall be established by the United States secretary of agriculture, and the operator shall, as a minimum, be required to:
      1. (A) Segregate the A horizon of the natural soil, except where it can be shown that other available soil materials will create a final soil having a greater productive capacity; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material;
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      2. (B) Segregate the B horizon of the natural soil, or underlying C horizons or other strata, or a combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant growth and that can be shown to be equally or more favorable for plant growth than the B horizon, in sufficient quantities to create in the regraded final soil a root zone of comparable depth and quality to that which existed in the natural soil; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material;
      3. (C) Replace and regrade the root zone material described in subdivision (b)(7)(B) with proper compaction and uniform depth over the regraded spoil material; and
      4. (D) Redistribute and grade in a uniform manner the surface soil horizon described in subdivision (b)(7)(A);
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    8. (8) Create, if authorized in the approved mining and reclamation plan and permit, permanent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that:
      1. (A) The size of the impoundment is adequate for its intended purposes;
      2. (B) The impoundment dam construction will be so designed as to achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under the Watershed Protection and Flood Prevention Act of 1954 (16 U.S.C. § 1006);
      3. (C) The quality of impounded water will be suitable on a permanent basis for its intended use and that discharges from the impoundment will not degrade the water quality below water quality standards established pursuant to applicable federal and state law in the receiving stream;
      4. (D) The level of water will be reasonably stable;
      5. (E) Final grading will provide adequate safety and access for proposed water users; and
      6. (F) Such water impoundments will not result in the diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;
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    9. (9) Conduct any augering operation associated with surface mining in a manner to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete and seal all auger holes with an impervious and noncombustible material in order to prevent drainage except where the commissioner determines that the resulting impoundment of water in such auger holes may create a hazard to the environment or the public health or safety. The commissioner may prohibit augering if necessary to maximize the utilization, recoverability, or conservation of the solid fuel resources or to protect against adverse water quality impacts;
    10. (10) Minimize the disturbances to the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quality and quantity of water in surface and groundwater systems both during and after surface coal mining operations and during reclamation by:
      1. (A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to:
        1. (i) Preventing or removing water from contact with toxic producing deposits;
        2. (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and
        3. (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells and keeping acid or other toxic drainage from entering ground and surface waters;
      2. (B) Conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal law;
      3. (C) Constructing any siltation structures pursuant to subdivision (b)(10)(B) prior to commencement of surface coal mining operations. Such structures must be certified by a qualified registered engineer, or a qualified registered professional land surveyor if authorized by this state to prepare and certify such maps or plans, to be constructed as designed and as approved in the reclamation plan;
      4. (D) Cleaning out and removing temporary or large settling ponds or other siltation structures from drainways after disturbed areas are revegetated and stabilized; and depositing the silt and debris at a site and in a manner approved by the commissioner;
      5. (E) Restoring recharge capacity of the mined area to approximate premining conditions;
      6. (F) Avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;
      7. (G) Preserving throughout the mining and reclamation process the essential hydrologic functions of alluvial valley floors in the arid and semiarid areas of the state; and
      8. (H) Such other actions as the commissioner may prescribe;
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    11. (11) With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine working or excavations, stabilize all waste piles in designated areas through construction in compacted layers including the use of incombustible and impervious materials if necessary and assure the final contour of the waste pile will be compatible with natural surroundings and that the site can and will be stabilized and revegetated according to this part;
    12. (12) Refrain from surface coal mining within five hundred feet (500′) from active and abandoned underground mines in order to prevent breakthroughs and to protect health or safety of miners; provided, that the commissioner shall permit an operator to mine near, through, or partially through an abandoned underground mine or closer to an active underground mine if:
      1. (A) The nature, timing, and sequencing of the approximate coincidence of specific surface mine activities with specific underground mine activities are jointly approved by the commissioner and the federal and state regulatory authorities concerned with health and safety of underground miners; and
      2. (B) Such operations will result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public;
    13. (13) Design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon, in accordance with the standards and criteria developed pursuant to rules promulgated by the commissioner, all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either temporarily or permanently as dams or embankments. Such standards and criteria shall conform to the standards and criteria established by the secretary and used by the chief of engineers to ensure that flood control structures are safe and effectively perform their intended function. In addition to engineering and other technical specifications, the standards and criteria must include provisions for review and approval of plans and specifications prior to construction, enlargement, modification, removal, or abandonment; performance of periodic inspections during construction; issuance of certificates of approval upon completion of construction; performance of periodic safety inspections; and issuance of notices for required remedial or maintenance work;
    14. (14) Ensure that all debris, acid-forming materials, toxic materials, or materials constituting a fire hazard are treated or buried and compacted or otherwise disposed of in a manner designed to prevent contamination of ground or surface waters and that contingency plans are developed to prevent sustained combustion;
    15. (15) Ensure that explosives are used only in accordance with existing state and federal law and the rules promulgated by the commissioner, which shall include provisions to:
      1. (A) Provide adequate advance written notice to local governments and residents who might be affected by the use of such explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality and by mailing a copy of the proposed blasting schedule to every resident living within one-half mile (0.5 mi.) of the proposed blasting site and by providing daily notice to resident/occupiers in such areas prior to any blasting;
      2. (B) Maintain for a period of at least three (3) years and make available for public inspection upon request a log detailing the location of the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts;
      3. (C) Limit the type of explosives and detonating equipment, the size, and the timing and frequency of blasts based upon the physical conditions of the site so as to prevent:
        1. (i) Injury to persons;
        2. (ii) Damage to public and private property outside the permit area;
        3. (iii) Adverse impacts on any underground mine; and
        4. (iv) Change in the course, channel, or availability of ground or surface water outside the permit area;
      4. (D) Require that all blasting operations be conducted by trained and competent persons certified by the commissioner; and
      5. (E) Provide that upon the request of a resident or owner of a man-made dwelling or structure within one-half mile (0.5 mi.) of any portion of the permitted area the applicant or permittee shall conduct a pre-blasting survey of such structures and submit the survey to the commissioner and a copy to the resident or owner making the request. The area of the survey shall be decided by the commissioner and shall include such provisions as the commissioner shall promulgate in accordance with regulations promulgated by the secretary;
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    16. (16) Ensure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the surface coal mining operations; provided, however, that where the applicant proposes to combine surface mining operations with underground mining operations to assure maximum practical recovery of the mineral resources, the commissioner may grant a variance for specific areas within the reclamation plan from the requirement that reclamation efforts proceed as contemporaneously as practicable to permit underground mining operations prior to reclamation:
      1. (A) If the commissioner finds in writing that:
        1. (i) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;
        2. (ii) The proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple disturbances of the surface;
        3. (iii) The applicant has satisfactorily demonstrated that the plan for the underground mining operations conforms to requirements for underground mining in the jurisdiction and that permits necessary for the underground mining operations have been issued by the appropriate authority;
        4. (iv) The areas proposed for the variance have been shown by the applicant to be necessary for the implementing of the proposed underground mining operations;
        5. (v) No substantial adverse environmental damage, either on-site or off-site, will result from the delay in completion of reclamation as required by this part; and
        6. (vi) Provisions for the off-site storage of spoil will comply with subdivision (b)(22);
      2. (B) If the commissioner has promulgated specific rules to govern the granting of such variances in accordance with this subdivision (b)(16), and has imposed such additional requirements as the secretary deems necessary;
      3. (C) If variances granted under this subdivision (b)(16) are to be reviewed by the commissioner not more than three (3) years from the date of issuance of the permit; and
      4. (D) If liability under the bond filed by the applicant with the commissioner pursuant to § 59-8-108 shall be for the duration of the underground mining operations and until the requirements of this subsection (b) and § 59-8-115 have been fully complied with;
    17. (17) Ensure that the construction, maintenance, and postmining conditions of access roads into and across the site of operations will control or prevent erosion and siltation, pollution of water, damage to fish or wildlife or their habitat, or public or private property;
    18. (18) Refrain from the construction of roads or other access ways up a stream bed or drainage channel or in such proximity to such channel so as to seriously alter the normal flow of water;
    19. (19) Establish on the regraded areas, and all other lands affected, a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except, that introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan;
    20. (20)
      1. (A) Assume the responsibility for successful revegetation, as required by subdivision (b)(19), for a period of five (5) full years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with subdivision (b)(19), except where the annual average precipitation is twenty-six inches (26 in.) or less, then the operator's assumption of responsibility and liability will extend for a period of ten (10) full years after the last year of augmented seeding, fertilizing, irrigation, or other work; provided, that when the commissioner issues a written finding approving a long-term, intensive, agricultural postmining land use as part of the mining and reclamation plan:
        1. (i) The applicable five- or ten-year period of responsibility for revegetation shall commence at the date of initial planting for the long-term intensive agricultural postmining land use; and
        2. (ii) The commissioner may grant exception to subdivision (b)(19);
      2. (B) On lands eligible for remining, assume the responsibility for successful revegetation for a period of two (2) full years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with the applicable standards, except in those areas or regions of the state where the annual average precipitation is twenty-six inches (26″) or less, then the operator's assumption of responsibility and liability will be extended for a period of five (5) full years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with the applicable standards;
    21. (21) Protect offsite areas from slides or damage occurring during the surface coal mining and reclamation operations, and not deposit spoil material or locate any part of the operations or waste accumulations outside the permit area;
    22. (22) Place all excess spoil material resulting from surface coal mining and reclamation activities in such a manner that:
      1. (A) Spoil is transported and placed in a controlled manner in position for concurrent compaction and in such a way to assure mass stability and to prevent mass movement;
      2. (B) The areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement;
      3. (C) Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent soil erosion and movement;
      4. (D) The disposal area does not contain springs, natural water courses, or wet weather seeps unless lateral drains are constructed from the wet areas to the main underdrains in such a manner that filtration of the water into the spoil pile will be prevented;
      5. (E) If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the commissioner, the spoil could be placed in compliance with all the requirements of this part and the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement;
      6. (F) Where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed;
      7. (G) The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses;
      8. (H) Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and
      9. (I) All other provisions of this part and the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) are met;
    23. (23) Meet such other criteria as are necessary to achieve reclamation in accordance with the purposes of this part and the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.), taking into consideration the physical, climatological, and other characteristics of the site;
    24. (24) To the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; and
    25. (25) Provide for an undisturbed natural barrier beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as the commissioner shall determine shall be retained in place as a barrier to slides and erosion.
  3. (c)
    1. (1) Where an applicant meets the requirements of subdivisions (c)(2) and (c)(3), a permit without regard to the requirement to restore to approximate original contour set forth in subdivision (b)(3) or subdivisions (d)(2) and (d)(3) may be granted for the surface mining of coal where the mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill (except as provided in subdivision (c)(3)(A)) by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining, and capable of supporting postmining uses pursuant to this subsection (c).
    2. (2) In cases where an industrial, commercial, agricultural, residential, or public facility use, including use as a recreational facility, is proposed for the postmining use of the affected land, the commissioner may grant a permit for a surface mining operation of the nature described in subdivision (c)(1) where:
      1. (A) After consultation with the appropriate land use planning agencies, if any, the proposed postmining land use is deemed to constitute an equal or better economic or public use of the affected land, as compared with pre-mining use;
      2. (B) The applicant presents specific plans for the proposed postmining land use and appropriate assurances that such use will be:
        1. (i) Compatible with adjacent land uses;
        2. (ii) Obtainable according to data regarding expected need and market;
        3. (iii) Assured of investment in necessary public facilities;
        4. (iv) Supported by commitments from public agencies where appropriate;
        5. (v) Practicable with respect to private financial capability for completion of the proposed use;
        6. (vi) Planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation with the postmining land use; and
        7. (vii) Designed by a registered engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;
      3. (C) The proposed use would be consistent with adjacent land uses, and existing state and local land use plans and programs;
      4. (D) The commissioner provides the governing body of the local government in which the land is located and any state or federal agency that the commissioner, in the commissioner's discretion, determines to have an interest in the proposed use, an opportunity of not more than sixty (60) days to review and comment on the proposed use; and
      5. (E) All other requirements of this part will be met.
    3. (3) In granting any permit pursuant to this subsection (c) the commissioner shall require that:
      1. (A) The toe of the lowest coal seam and the overburden associated with it are retained in place as a barrier to slides and erosion;
      2. (B) The reclaimed area is stable;
      3. (C) The resulting plateau or rolling contour drains inward from the outslopes except at specified points;
      4. (D) No damage will be done to natural watercourses;
      5. (E) Spoil will be placed on the mountaintop bench as is necessary to achieve the planned postmining land use; provided, that all excess spoil material not retained on the mountaintop shall be placed in accordance with subdivision (b)(22); and
      6. (F) Ensure stability of the spoil retained on the mountaintop and meet the other requirements of this part.
    4. (4) The commissioner shall promulgate specific rules to govern the granting of permits under this subsection (c), and may impose additional requirements that the commissioner determines to be necessary.
    5. (5) All permits granted under this subsection (c) shall be reviewed not more than three (3) years from the date of issuance of the permit, unless the applicant affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the approved schedule and reclamation plan.
  4. (d) The following performance standards apply to steep-slope surface coal mining and are in addition to the general performance standards required by this section; provided, however, that this subsection (d) shall not apply to those situations in which an operator is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered through which the mining operation is to proceed, leaving a plain or predominantly flat area or where an operator is in compliance with subsection (c):
    1. (1) Ensure that when performing surface coal mining on steep slopes, no debris, abandoned or disabled equipment, spoil material, or waste mineral matter is placed on the downslope below the bench or mining cut; provided, that spoil material in excess of that required for the reconstruction of the approximate original contour under subdivisions (b)(3) or (d)(2) shall be permanently stored pursuant to subdivision (b)(22);
    2. (2) Complete backfilling with spoil material shall be required to cover completely the highwall and return the site to the appropriate original contour, which material will maintain stability following mining and reclamation;
    3. (3) The operator may not disturb land above the top of the highwall unless the commissioner finds that such disturbance will facilitate compliance with the environmental protection standards of this section; provided, however, that the land disturbed above the highwall shall be limited to that amount necessary to facilitate said compliance; and
    4. (4) For the purposes of this subsection (d), the term “steep slope” means any slope above twenty degrees (20°) or such lesser slope as may be defined by the commissioner after consideration of soil, climate, and other characteristics.
  5. (e)
    1. (1) The commissioner may grant variances for the purposes set forth in this subsection (e); provided, that the watershed control of the area is improved and that complete backfilling with spoil material shall be required to cover completely the highwall, which material will maintain stability following mining and reclamation.
    2. (2) If an applicant meets the requirements of subdivision (e)(3), the commissioner may grant a variance from any requirement to restore the area to the approximate original contour in subdivision (d)(2) 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, in accordance with subdivision (e)(3) and the following:
      1. (A) 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. (B) 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; and
      3. (C) After approval by the commissioner, the watershed of the affected land is deemed to be improved.
    3. (3) In granting a variance under this subsection (e), the commissioner shall require that only such amount of spoil will be placed off the mine bench as is necessary to achieve the planned post-mining land use, ensure stability of the spoil retained on the bench, meet all other requirements of this part, and all spoil placement off the mine bench must comply with subdivision (b)(22).
    4. (4) The commissioner shall promulgate specific rules to govern the granting of variances in accordance with this subsection (e), and may impose such additional requirements as the commissioner determines to be necessary.
    5. (5) All variances granted under this subsection (e) 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.
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History (2)
  • Acts 2021, ch. 548, § 3
  • 2023, ch. 401, § 5.
§ 59-8-111. Requirements to conduct underground coal mining operations — Promulgation of rules — Requirements for operator — Suspension of underground coal mining.
  1. (a) No person shall conduct underground coal mining operations until that person obtains a permit limiting and controlling the surface effects of the mining, pays the fees required by § 59-8-107, and posts a performance bond conditioned on satisfactory reclamation of the surface disturbances of the underground coal mining operations under § 59-8-108.
  2. (b) The commissioner shall promulgate rules that are designed to minimize the surface effects of underground coal mining operations; however, in adopting rules, the commissioner 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.), or any regulation issued pursuant to that act.
  3. (c) Each permit issued under this part and relating to underground coal mining shall require the operator to:
    1. (1) Adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of such surface lands, except in those instances where the mining technology used requires planned subsidence in a predictable and controlled manner; provided, that nothing in this subdivision (c)(1) prohibits the standard method of room and pillar mining;
    2. (2) Seal all portals, entryways, drifts, shafts, or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations;
    3. (3) Fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically feasible return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or excavations;
    4. (4) With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine workings or excavations, stabilize all waste piles created by the permittee from current operations through construction in compacted layers including the use of incombustible and impervious materials if necessary and assure that the leachate will not degrade surface or groundwaters below water quality standards established pursuant to applicable federal and state law and that the final contour of the waste accumulation will be compatible with natural surroundings and that the site is stabilized and revegetated according to this section;
    5. (5) Design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon, in accordance with the standards and criteria developed pursuant to § 59-8-110, all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes and used either temporarily or permanently as dams or embankments;
    6. (6) Establish on regraded areas and all other lands affected, a diverse and permanent vegetative cover capable of self-regeneration and plant succession and at least equal in extent of cover to the natural vegetation of the area;
    7. (7) Protect offsite areas from damages that may result from such mining operations;
    8. (8) Eliminate fire hazards and otherwise eliminate conditions that constitute a hazard to health and safety of the public;
    9. (9) Minimize the disturbances of the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quantity of water in surface and groundwater systems both during and after coal mining operations and during reclamation by:
      1. (A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to:
        1. (i) Preventing or removing water from contact with toxic producing deposits;
        2. (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and
        3. (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; and
      2. (B) Conducting surface coal mining operations to prevent, to the extent possible, using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the permit area (but in no event shall such contributions be in excess of requirements set by applicable state or federal law), and avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;
    10. (10) With respect to other surface impacts not specified in this subsection (c), including the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, 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 such activities, operate in accordance with the standards established under § 53-3-110 for such effects which result from surface coal mining operations; provided, that the commissioner shall make modifications in the requirements imposed by this subdivision (b)(10) that are necessary to accommodate the distinct difference between surface and underground coal mining;
    11. (11) To the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; and
    12. (12) Locate openings for all new drift mines working acid-producing or iron-producing coal seams in such a manner as to prevent a gravity discharge of water from the mine.
  4. (d) 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. (e) 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 commissioner shall promulgate rules for the modifications for underground coal mines.
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History (2)
  • Acts 2021, ch. 548, § 3
  • 2023, ch. 401, § 6.
§ 59-8-112. Advertisement of ownership, precise location, and boundaries of land to be affected by permit — Notification by commissioner — Written objections to proposed permit — Informal conference — Grant, requirement of modification, or denial of application — Permit renewal.
  1. (a)
    1. (1)
      1. (A) At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, pursuant to this part the applicant shall:
        1. (i) Submit to the commissioner a copy of the applicant's advertisement of the ownership, precise location, and boundaries of the land to be affected; and
        2. (ii) Place the advertisement submitted in a local newspaper of general circulation in the locality of the proposed surface mine at least once a week for four (4) consecutive weeks.
      2. (B) The commissioner shall notify various local governmental bodies, planning agencies, and sewage and water treatment authorities, or water companies in the locality in which the proposed surface mining will take place, notifying them of the operator's intention to surface mine a particularly described tract of land and indicating the application's permit number and where a copy of the proposed mining and reclamation plan may be inspected. These local bodies, agencies, authorities, or companies may submit written comments within a reasonable period established by the commissioner on the mining applications with respect to the effect of the proposed operation on the environment that are within their area of responsibility. Such comments shall immediately be transmitted to the applicant by the commissioner and shall be made available to the public at the same locations as are the mining applications.
      3. (C) Each applicant for a surface coal mining and reclamation permit shall file a copy of the applicant's application for public inspection with the recorder 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 pertaining to the coal seam itself.
    2. (2)
      1. (A) 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 has the right to file written objections to the proposed initial or revised application for a permit for surface coal mining and reclamation operation with the commissioner within thirty (30) days after the last publication of the notice published pursuant to subdivision (a)(1). The objections shall immediately be transmitted to the applicant by the commissioner and shall be made available to the public.
      2. (B) If written objections are filed and an informal conference requested, the commissioner shall then hold an informal conference in the locality of the proposed mining, if requested within a reasonable time of the receipt of such objections or request.
        1. (i) The commissioner shall advertise the date, time and location of the informal conference in a newspaper of general circulation in the locality at least two (2) weeks prior to the scheduled conference date.
        2. (ii) The commissioner may arrange with the applicant, upon request by any party to the administrative proceeding, access to the proposed mining area for the purpose of gathering information relevant to the proceeding.
        3. (iii) An electronic or stenographic record shall be made of the conference proceeding, unless waived by all parties. The record shall be maintained and shall be accessible to the parties until final release of the applicant's performance bond.
        4. (iv) In the event all parties requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their request, the informal conference need not be held.
    3. (3) Where the lands included in an application for a permit are the subject of a federal coal lease in connection with which hearings were held and determinations were made under 30 U.S.C. §§ 201(a)(3)(A), (B), and (C), the hearings shall be deemed as to the matters covered to satisfy the requirements of this subsection (a) and subsections (e) and (f) and the determinations shall be deemed to be a part of the record and conclusive for purposes of subsections (b), (e), and (f) and this subsection (a).
    Backlinks (1)
  2. (b)
    1. (1)
      1. (A) Upon the basis of a complete mining application and reclamation plan or a revision or renewal thereof, as required by this part, including public notification and an opportunity for a public hearing as required by this section, the commissioner shall grant, require modification of, or deny the application for a permit in a reasonable time set by the commissioner by rule and notify the applicant in writing.
      2. (B) The applicant for a permit, or revision of a permit, shall have the burden of establishing that the application complies with all the requirements of this part.
      3. (C) Within ten (10) days after the granting of a permit, the commissioner shall notify the local governmental officials in the local political subdivision in which the area of land to be affected is located that a permit has been issued and shall describe the location of the land.
    2. (2) 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. (A) The permit application is accurate and complete and that all the requirements of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) and this part have been complied with;
      2. (B) The applicant has demonstrated that reclamation, as required by the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) and this part, can be accomplished under the reclamation plan contained in the permit application;
      3. (C) The commissioner has assessed the probable cumulative impact of all anticipated surface coal mining in the area on the hydrologic balance as specified in § 59-8-106(b), and the proposed operation thereof has been designed to prevent material damage to the hydrologic balance outside the permit area;
      4. (D) The area proposed to be mined is not included within an area designated unsuitable for surface coal mining and reclamation pursuant to 30 U.S.C. § 1272 or § 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 1, 1977, the applicant made substantial legal and financial commitments in relation to a mining operation for which the applicant is applying for a permit; and
      5. (E) In cases where the private mineral estate has been severed from the private surface estate, the applicant has submitted to the commissioner the documentation prescribed by § 59-8-106(g).
  3. (c)
    1. (1) When the schedule submitted as prescribed by § 59-8-106(h) or other information available to the commissioner indicates that any surface coal mining and reclamation operation owned or controlled by the applicant 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 in connection with any surface coal mining operation, 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. (2) The commissioner shall not issue a permit to an applicant after a finding by the commissioner, after opportunity for a hearing, that the applicant, or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of this part of a nature and duration with resulting irreparable damage to the environment as to indicate an intent not to comply with this part. The hearing held pursuant to this subdivision (c)(2) shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
    3. (3) The prohibitions of this subsection (c) do not apply to a permit application due to any violation resulting from an unanticipated event or condition at a surface coal mining operation on lands eligible for remining under a permit held by the person making such application.
    4. (4) As used in this subsection (c), “unanticipated event or condition” means an event or condition encountered in a remining operation that was not contemplated by the applicable surface coal mining and reclamation permit.
  4. (d)
    1. (1) In addition to finding the application in compliance with subdivision (b)(2), 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 commissioner that are consistent with regulations promulgated by the secretary with the concurrence of the United States secretary of agriculture, grant a permit to surface mine for coal on prime farmland if the commissioner finds in writing that the operator 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. Except for compliance with subdivision (b)(2), the requirements of this subdivision (d)(1) shall apply to all permits issued after August 3, 1977.
    2. (2) Nothing in this subsection (d) 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.
  5. (e)
    1. (1) If an informal conference is held under subdivision (a)(2), 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) days of the informal conference.
    2. (2) If an informal conference is not held under subdivision (a)(2), the commissioner shall notify the applicant for a permit within a reasonable time as determined by the commissioner by rule, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and whether or not written objection to the application has been filed, whether the application has been approved or disapproved in whole or in part.
  6. (f)
    1. (1) If the application is approved, the permit shall be issued upon the posting of the required bond.
    2. (2) If the application is disapproved, the commissioner shall state the specific reasons for the disapproval in the notification.
    3. (3)
      1. (A) Within thirty (30) days after the applicant is notified of the final decision of the commissioner on the permit application, the applicant or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the final determination.
      2. (B)
        1. (i) The commissioner shall hold a hearing conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply. The hearing shall be held within thirty (30) days of the request and the commissioner shall provide notification to all interested parties at the time that the applicant is so notified. No person that presided at the conference held pursuant to subdivision (a)(2) shall either preside at the hearing or participate in the decision arising from the hearing.
        2. (ii) Within thirty (30) days after the hearing the commissioner shall issue and furnish the applicant, and all persons who participated in the hearing, with the commissioner's written decision granting or denying the permit in whole or in part and stating the reasons for the approval or denial.
      3. (C) Where a hearing is requested pursuant to this subsection (f), the commissioner may, under such conditions as the commissioner may prescribe, grant such temporary relief as the commissioner deems appropriate pending final determination of the proceedings if:
        1. (i) All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;
        2. (ii) The person requesting such relief shows that there is a substantial likelihood that the person will prevail on the merits of the final determination of the proceeding; and
        3. (iii) The relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
      4. (D)
        1. (i) For the purpose of the hearing, the commissioner has the powers and authorities as provided in this part and title 4, chapter 5, including but not limited to the power and authority to administer oaths, subpoena witnesses or written or printed materials, compel attendance of the witnesses or production of the materials, and take evidence, including, but not limited to, site inspections of the land to be affected and other surface coal mining operations carried on by the applicant in the general vicinity of the proposed operation.
        2. (ii) A verbatim record of each public hearing required by this part shall be made, and a transcript made available on the motion of any party or by order of the commissioner.
      5. (E) Any applicant or any person with an interest which is or may be adversely affected who has participated in the hearing under this subsection (f), and who is aggrieved by the decision of the commissioner, or if the commissioner fails to act within the time limits specified in this part, shall have the right to petition for judicial review as provided in § 59-8-121.
  7. (g)
    1. (1) A permit terminates if the permittee has not commenced the surface coal mining 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 or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee.
    2. (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. § 207.
    3. (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.
  8. (h)
    1. (1) Any valid permit issued pursuant to this part carries with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holder of the permit may apply for renewal, and a renewal shall be issued subsequent to fulfillment of the public notice requirements of this section. In the determination of whether to approve or deny a renewal of a permit, the burden of proof is on the opponents of renewal. The commissioner shall grant a permit renewal, unless the commissioner makes written findings that:
      1. (A) The terms and conditions of the existing permit are not being satisfactorily met;
      2. (B) The present surface coal mining and reclamation operation is not in compliance with this part or rules or orders issued or promulgated by the commissioner pursuant to this part, including the environmental protection standards of this part and the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.);
      3. (C) The renewal requested substantially jeopardizes the permittee's continuing responsibility on existing permit areas;
      4. (D) The operator 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. (E) Any additional revised or updated information required by the commissioner has not been provided.
    2. (2) Prior to the approval of any permit renewal, the commissioner shall provide notice to the appropriate public authorities.
    3. (3) 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.
    4. (4) 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.
  9. (i) On or after May 26, 2021, and subject to valid existing rights, no surface coal mining and reclamation operations, except those which existed on August 3, 1977, are permitted:
    1. (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. (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. (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. (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. (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. (6) Within one hundred feet (100′) of a cemetery.
  10. (j) The permit area shall be readily identifiable by appropriate markers on the site.
    Backlinks (1)
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History (2)
  • Acts 2021, ch. 548, § 3
  • 2023, ch. 401, § 7.
§ 59-8-113. Application for revision of permit — Approval required for transfer, assignment, or sale of rights granted under permit Review of outstanding surface coal mining and reclamation operation permits.
  1. (a)
    1. (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 subject to the requirements of subdivision (a)(2).
    2. (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 commissioner's rules including that reclamation as required by the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) and this part can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by the commissioner. The commissioner shall establish 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.
    3. (3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.
  2. (b) 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.
  3. (c) In addition to any other review required by federal law or regulations, the commissioner shall, within a time limit prescribed in rules promulgated by the commissioner, 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 established by the commissioner.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-114. Inspections of surface coal mining and reclamation operations — Monitoring data collection and analysis.
  1. (a) The commissioner shall make inspections of any surface coal mining and reclamation operation that are necessary to determine whether the operation is in compliance with this part, and all rules promulgated and permits issued pursuant to this part, and has a right of entry to, upon, or through any surface coal mining and reclamation operation in order to conduct the inspections.
  2. (b) For the purposes of administering and enforcing any permit under this part, adequately developing a regulatory program, or determining whether any person is in violation of any requirement of this part or any other requirement of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.):
    1. (1) The commissioner shall require any permittee to:
      1. (A) Establish and maintain appropriate records;
      2. (B) Make monthly reports to the commissioner;
      3. (C) Install, use, and maintain any necessary monitoring equipment or methods;
      4. (D) Evaluate results in accordance with the methods, at such locations, intervals, and manner that the commissioner prescribes; and
      5. (E) Provide other information relative to surface coal mining and reclamation operations that the commissioner deems reasonable and necessary.
    2. (2) For surface coal mining and reclamation operations that remove or disturb strata serving as aquifers, which significantly ensure the hydrologic balance of water use, either on or off the mining site, the commissioner shall specify those:
      1. (A) 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. (B) Monitoring sites to record level, amount, and samples of groundwater and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined;
      3. (C) Records of well logs and borehole data to be maintained; and
      4. (D) Monitoring sites to record precipitation.
  3. (c) The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the commissioner to assure their reliability and validity.
  4. (d) The authorized representatives of the commissioner, without advance notice, and upon presentation of appropriate credentials:
    1. (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 (b) are located; and
    2. (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.
  5. (e) The commissioner's inspections shall:
    1. (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. (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; and
    3. (3) Include the filing of inspection reports adequate to enforce the requirements of, and to carry out the terms and purposes of, this part.
  6. (f) 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.
  7. (g) If an inspector detects a violation of this part, the inspector shall immediately inform the operator in writing and make a written report of the violation to the commissioner.
  8. (h) The commissioner shall make copies of any records, reports, inspection materials, or information obtained under this part immediately available to the public at central and sufficient locations in the county, multicounty, and state area of mining so that they are conveniently available to residents in the areas of mining.
  9. (i)
    1. (1) Any person who is or may be adversely affected by a surface mining operation may notify the commissioner or any representative of the commissioner responsible for conducting the inspection, in writing, of any violation of this part which the person has reason to believe exists at the surface mining site. The commissioner shall, by rule, establish procedures for informal review of any refusal by a representative of the commissioner to issue a citation with respect to any such alleged violation. The commissioner shall furnish such persons requesting the review a written statement of the reasons for the commissioner's final disposition of the case.
    2. (2) The commissioner shall also, by rule, establish procedures to ensure that adequate and complete inspections are made. Any such person may notify the commissioner of any failure to make such inspections, after which the commissioner shall determine whether adequate and complete inspections have been made. The commissioner shall furnish such persons a written statement of the reasons for the commissioner's determination that adequate and complete inspections have or have not been conducted.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-115. Request for release of all or part of performance bond or deposit.
  1. (a) A permittee may file with the commissioner a request for the release of all or part of a performance bond or deposit.
  2. (b)
    1. (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 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. (2) In addition, as part of any bond release application, the bond release applicant shall submit copies of letters that the bond release applicant has sent to adjoining landowners, local government bodies, planning agencies, and sewage and water treatment authorities, or water companies in the locality in which the surface coal mining and reclamation activities took place, notifying them of the bond release applicant's intention to seek release from the bond.
  3. (c) 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 any remaining reclamation, whether pollution of surface or subsurface water is occurring, the probability of continuation of the pollution, and the estimated cost of abating the pollution. 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 pursuant to subsection (h), and if a public hearing is held pursuant to subsection (h), within thirty (30) days after the hearing date.
  4. (d) 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 according to the following schedule:
    1. (1) When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with the operator's approved reclamation plan up to sixty percent (60%) of the bond or deposit for the applicable permit area may be released but the amount of the unreleased portion of the bond or deposit shall not be less than the amount necessary to assure completion of the reclamation work by a third party in the event of default by the operator;
    2. (2) After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, the commissioner, when determining the amount of bond to be released after successful revegetation has been established, shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility in § 59-8-110 of reestablishing revegetation. No part of the bond or deposit shall be released under this subdivision (d)(2) so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by § 59-8-110(b)(10), or until soil productivity for prime farmlands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to § 59-8-106. Where an impoundment, including but not limited to a silt dam, is to be retained permanently pursuant to § 59-8-110(b)(8), the portion of bond may be released under this subdivision (d)(2) so long as provisions for sound future maintenance by the operator or the landowner have been made with the commissioner;
    3. (3) When the operator has completed successfully all surface coal mining and reclamation activities, the remaining portion of the bond or other collateral may be released, but not before the expiration of the period specified for operator responsibility in § 59-8-110. No bond shall be fully released until all reclamation requirements of this part are fully met.
  5. (e) 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.
  6. (f) If the commissioner disapproves the application for release of all or part of the bond, the commissioner shall notify the permittee in writing, stating the reasons for disapproval and recommending specific corrective actions necessary to secure the release, and allowing opportunity for a public hearing.
  7. (g) When any application for total or partial bond release is filed with the commissioner, the commissioner shall notify the municipality 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.
  8. (h) 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 is authorized to develop and enforce environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond or deposit 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 or deposit 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 at the state capitol, 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.
  9. (i) Without prejudice to the rights of the objectors or the bond release applicant, or the responsibilities of the commissioner, the commissioner may convene an informal conference as provided for in § 59-8-112 to resolve written objections.
  10. (j) For the purpose of the hearing, the commissioner is authorized to administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses or production of the materials, and take evidence, including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the bond release applicant in the general vicinity. A verbatim record of each public hearing required by this part shall be made, and a transcript made available on the motion of any party or by order of the commissioner.
  11. (k) The bond release applicant or a person with a valid legal interest, which might be adversely affected by release of all or a portion of the bond, aggrieved by a determination of the commissioner under this section may petition the commissioner for a hearing. The hearing shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
Backlinks (1)
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-116. Inspection of surface coal mining operation at which alleged violation is occurring — Notice of violation — Abatement of violation — Cessation order — Suspension or revocation of permit.
  1. (a) When, on the basis of any information available, including receipt of information from any person, the commissioner has reason to believe that any person is in violation of this part, any rule or order issued or promulgated under this part or any condition of a permit required by this part, the commissioner shall immediately order inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available is a result of a previous inspection of the surface coal mining operation. When the inspection results from information provided to the commissioner by any person who is not an employee of the department, 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.
  2. (b)
    1. (1) If, on the basis of an inspection, the commissioner determines that any permittee is in violation of this part, any rule promulgated under this part, or any permit condition required by this part, but that violation does not create an imminent danger to the health or safety of the public or cannot be reasonably expected to cause significant imminent environmental harm to land, air, or water resources, the commissioner shall issue a notice of violation to the permittee fixing a reasonable time, but not more than ninety (90) days, for the abatement of the violation, and if deemed necessary by the commissioner, ordering an immediate cessation of activities violating or resulting in the violation of this part, the rules promulgated under this part, or any condition of a permit.
    2. (2) The commissioner may promulgate rules that allow for reasonable extensions for abatement or for accomplishment of an interim step in the manner provided by regulations promulgated by the secretary; 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.
    3. (3)
      1. (A) 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, 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. (B) A cessation 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. (C) In the cessation order issued under this subsection (b), 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 cessation order.
    Backlinks (3)
  3. (c)
    1. (1) If, on the basis of any inspection, the commissioner determines that any condition or practice exists, or that any permittee is in violation of this part, any rule promulgated under 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, 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 cessation order shall remain 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, will 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 the cessation 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. (2) The commissioner shall also issue an immediate cessation order to any operator mining without a valid permit or mining an area not covered by a valid permit.
    Backlinks (3)
  4. (d)
    1. (1) When, based upon an inspection, the commissioner finds that a pattern of violations of this part, rules promulgated pursuant to this part, or any permit conditions required by this part exists or has existed, and if the commissioner also finds that such violations are caused by an unwarranted failure of the permittee to comply with this part, rules promulgated pursuant to this part, or any condition of a permit, or that such violations are willfully caused by the permittee, the commissioner shall issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide an opportunity for a public hearing. If the permittee fails to show cause as to why the permit should not be suspended or revoked, the commissioner shall suspend or revoke the permit. If the permittee files an answer to the show cause order and requests a hearing, the commissioner shall inform all interested parties of the time, place, and date of the hearing. A written or electronic record shall be kept of any show cause hearing by the commissioner and the hearing shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply. 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.
    2. (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 as forfeited the performance bonds for the operation.
  5. (e)
    1. (1) Notices and orders issued pursuant to this section shall set forth with reasonable specificity:
      1. (A) The nature of the violation;
      2. (B) The remedial action required;
      3. (C) The period of time established for abatement; and
      4. (D) A reasonable description of the portion of the surface coal mining and reclamation operation to which the notice or order applies.
    2. (2) The commissioner shall promptly deliver each notice or order issued under this section to the permittee or the permittee's agent.
    3. (3) All notices and orders shall be in writing and shall be signed by the commissioner.
    4. (4) The commissioner may modify, vacate, or terminate any notice or order issued pursuant to this section.
    5. (5) Any notice or order issued pursuant to this section, which requires cessation of active mining, expires within thirty (30) days of actual notice to the operator unless a 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 public hearing; however, the notice or order shall not expire if the operator waives the hearing. The granting or waiver of a public hearing held under this subdivision (e)(5) does not affect the right of any person to formal review under subsection (d), § 59-8-117, or § 59-8-120.
  6. (f) Nothing in this section eliminates any additional enforcement rights or procedures that are available under state law to a state agency but are not specifically enumerated in this section.
Backlinks (3)
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-117. Civil penalties, fines, and imprisonment.
  1. (a) A permittee who violates this part, rules promulgated pursuant to this part, or any permit condition required by this part, may be assessed a civil penalty by the commissioner, except that if the violation leads to the issuance of a cessation order, a civil penalty must be assessed, and in either case, such permittee is also liable for any damages to the state resulting from the violation. A civil penalty assessed under this subsection (a) shall not exceed five thousand dollars ($5,000) for each violation. Each day of a 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 permittee at the particular surface coal 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 permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.
  2. (b)
    1. (1) The commissioner shall assess a civil penalty or damages only after the person charged with a violation described under subsection (a) has been given notice and an opportunity for a public hearing before the commissioner, unless the public hearing is expressly waived by the person charged.
    2. (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 and the amount of the assessment that is warranted, incorporating, when appropriate, an order requiring that the assessment be paid.
    3. (3) When appropriate, a public hearing held pursuant to this section shall be consolidated with other proceedings under § 59-8-116. Any hearing under this subsection (b) shall be of record and conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
    4. (4) If the person charged with a violation waives the public hearing, then the commissioner shall issue an order requiring that the assessment be paid after determining that a violation did occur and the amount of the assessment which is warranted.
  3. (c) Within thirty (30) days of issuing a notice or order, the commissioner shall inform the person charged with the assessment of the proposed amount of the assessment. The person charged with the assessment shall then have thirty (30) days to pay the proposed assessment in full or, if the person wishes to contest either the amount of the assessment or the fact of the violation, forward the proposed amount to the commissioner for placement in an escrow account. If, through administrative or judicial review of the proposed assessment, it is determined that no violation occurred or that the amount of the assessment should be reduced, the commissioner shall, within thirty (30) days of the determination, remit the applicable escrowed amount to the 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 results in a waiver of all legal rights to contest the violation or the amount of the assessment.
  4. (d) The commissioner, through the attorney general and reporter, may institute proceedings in the name of the department for the recovery of any assessment made under this part in any appropriate court. All sums recovered shall be placed in the state treasury and credited to the coal mining protection fund, created by § 59-8-132.
  5. (e) Any person who willfully and knowingly violates this part, rules promulgated pursuant to this part, or any condition of a permit or order issued pursuant to this part, except an order incorporated in a decision issued under subsection (b) or § 59-8-131, commits a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both.
  6. (f) Any person who knowingly makes any false statement, representation, or certification, or who knowingly fails to make any statement, representation, or certification, in any application, record, report, plan, or document filed or required to be maintained by this part, rules promulgated under this part, or any permit, order, or decision issued by the commissioner, commits a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both.
  7. (g) 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 by a fine of not more than two thousand five hundred dollars ($2,500), or incarceration, or both.
  8. (h) 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 by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both.
  9. (i) Any person who, except as permitted by law, willfully resists, prevents, impedes, or interferes with the commissioner or the commissioner's agents from performing the commissioner's or agent's duty under this part commits a Class E felony, and upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both.
  10. (j) Whenever a corporate permittee commits the violations enumerated in subsections (a) and (e), 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, fines, and imprisonment that may be imposed under subsections (a) and (e). The commissioner shall promulgate rules establishing the procedure provided by 30 CFR part 846 for assessing individual civil penalties under this subsection (j).
  11. (k)
    1. (1) The period for correcting a violation for which a citation has been issued under § 59-8-116 does not end until:
      1. (A) The entry of a final order by the commissioner, in the case of any review proceedings under § 59-8-120 initiated by the person wherein the commissioner orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the person will suffer irreparable loss or damage from the application of those requirements; or
      2. (B) The entry of an order of the court, in the case of any review proceedings under § 59-8-121 initiated by the person wherein the court orders the suspension of the abatement requirements of the citation.
    2. (2) Any person who fails to correct a violation for which a citation 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.
  12. (l) Nothing in this section eliminates any additional enforcement right or procedures that are available under state law to a state agency but are not specifically enumerated in this section.
  13. (m) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this chapter and to defray expenses necessary for activities supporting the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977.
Backlinks (3)
History (2)
  • Acts 2021, ch. 548, § 3
  • 2023, ch. 401, §§ 8-13.
§ 59-8-118. Civil action for relief.
  1. (a) The commissioner may request the attorney general and reporter to institute a civil action for relief against any permittee including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for the action shall be in the chancery court in the county where the surface mining operation is located or in which the permittee has its principal office, whenever the permittee or the permittee's agent:
    1. (1) Violates or fails or refuses to comply with any order or decision issued by the commissioner under this part;
    2. (2) Interferes with, hinders, or delays the commissioner in carrying out this part;
    3. (3) Refuses to admit the commissioner to a surface coal mining and reclamation operation;
    4. (4) Refuses to permit inspection of a surface coal mining and reclamation operation by the commissioner;
    5. (5) Refuses to furnish any information or report requested by the commissioner in furtherance of this part;
    6. (6) Refuses to permit access to, and copying of, records that the commissioner determines to be necessary in carrying out this part; or
    7. (7) Violates or threatens to violate any other provision of this part, the rules promulgated pursuant to this part, or conditions of a permit issued pursuant to this part.
  2. (b) The court has jurisdiction to provide any relief as may be appropriate. Any relief granted by the court to enforce an order under this subsection (b) shall continue in effect until the completion or final termination of all proceedings for review of that order under this part unless, before that time, the court granting the relief sets it aside or modifies it.
  3. (c) Nothing in this section eliminates any additional enforcement rights or procedures that are available under state law to a state agency, but are not specifically enumerated in this section.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-119. Civil action to compel compliance.
  1. (a) Except as provided in subsections (b) and (c), any person having an interest that is or may be adversely affected may commence a civil action to compel compliance with this part:
    1. (1) Against the state or any other governmental instrumentality or agency, 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. (2) Against the commissioner when the commissioner is alleged to have failed to perform any act or duty under this part that is not discretionary with the commissioner.
  2. (b) No action may be commenced under subdivision (a)(1):
    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. (2) If the commissioner or the state has commenced and is diligently prosecuting a civil action in a court of this state or the United States 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. (c) 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 commissioner requires by rule, 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. (d)
    1. (1) Any action brought under this section respecting a violation of this part or the rules promulgated thereunder may be brought only in the chancery court of the county in which the greater part of the surface coal mining and reclamation operation complained of is located.
    2. (2) The commissioner, if not a party, may intervene in any civil action brought under this section as a matter of right.
  5. (e) 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. (f) 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. (g) Any person who incurs a personal injury or property damage due to an operator's violation of any rule, 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 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.
Backlinks (1)
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-120. Application for review of notice or order — Investigation and hearing — Request for temporary relief.
  1. (a)
    1. (1)
      1. (A) A permittee issued a notice or order by the commissioner pursuant to § 59-8-116(b) or § 59-8-116(c), or any person having an interest that is or may be adversely affected by the notice or order or by any modification, vacation, or termination of the notice or order, may apply to the commissioner for review of the notice or order within thirty (30) days of receipt of the order or within thirty (30) days of its modification, vacation, or termination; provided, however, that any person not served with a copy of the document shall file the application for review within forty (40) days of the date of issuance of the document.
      2. (B) Upon receipt of such application, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. The investigation shall provide an opportunity for a public hearing, at the request of the permittee or the person having an interest that is or may be adversely affected, to enable the permittee or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof.
      3. (C) The filing of an application for review under this subsection (a) does not operate as a stay of any order or notice.
    2. (2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five (5) days prior to the hearing. Any such hearing shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
  2. (b)
    1. (1) Upon completion of the investigation, the commissioner shall make findings of fact, and shall issue a written decision, incorporating an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate the commissioner's findings in the order.
    2. (2) Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to § 59-8-116(b) or § 59-8-116(c), the commissioner shall issue the written decision within thirty (30) days of the receipt of the application for review, unless temporary relief has been granted by the commissioner pursuant to subsection (c) or by a court pursuant to § 59-8-121(c).
  3. (c) Pending completion of the investigation and hearing required by this section, the applicant for review may file with the commissioner a written request that the commissioner grant temporary relief from any notice or order, together with a detailed statement giving reasons for requesting the relief. The commissioner shall issue an order or decision granting or denying the relief expeditiously; provided, that, if the applicant for review requests relief from an order for cessation of coal mining and reclamation operations issued pursuant to § 59-8-116(b) or § 59-8-116(c), the order or decision on such a request shall be issued within five (5) days of its receipt. The commissioner may grant the relief requested, under the conditions the commissioner prescribes, if:
    1. (1) All parties to the proceeding have been notified and an informal hearing has been held in the locality of the surface coal mining and reclamation operation on the request for temporary relief in which all parties were given an opportunity to be heard;
    2. (2) The applicant for review shows that there is a substantial likelihood that the final decision of the commissioner in the hearing will be favorable to the applicant for review; and
    3. (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. (d) Whenever an order is issued under this section, 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 all costs and expenses, including attorney fees, as determined by the court or the commissioner to have been reasonably incurred by the person for, or in connection with, the person's participation in the proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review, or the commissioner, deems proper.
Backlinks (2)
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-121. Judicial review of final order or determination.
  1. (a)
    1. (1) Any final order or determination by the commissioner in a contested case proceeding under this part, including a civil penalty proceeding, or as otherwise provided in this part, is subject to judicial review on or before thirty (30) days from the date of such order or decision, and venue and jurisdiction for such action shall be in Davidson County chancery court or the chancery court in the county where the surface mining operation is located. In the case of a proceeding to review an order or decision issued by the commissioner under § 59-8-117, the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment.
    2. (2) The court shall hear such petition or complaint solely on the record made before the commissioner. The findings of the commissioner, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the commissioner for such further action as it may direct.
  2. (b) In the case of a proceeding to review any order or decision issued by the commissioner 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. (1) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
    2. (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. (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.
  3. (c) The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the commissioner.
    Backlinks (1)
  4. (d) Except as provided in § 59-8-119, the availability of judicial review under this section shall not limit any rights established under § 59-8-119.
Backlinks (3)
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-122. Protection of interest in water resources affected by mining operation — Replacement of water supply — Repair or compensation for subsidence damage.
  1. (a) Nothing in this part affects the right of any person to enforce or protect, under applicable law, that person's interest in water resources affected by a mining operation.
  2. (b) 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.
  3. (c)
    1. (1) Underground coal mining operations conducted in this state after October 24, 1992, shall:
      1. (A) 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 noncancelable premium-prepaid insurance policy; and
      2. (B) 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 that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations.
    2. (2) Nothing in this subsection (c) prohibits or interrupts underground coal mining operations.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-123. Authorized departures from environmental protection performance standards.
  1. (a) In order to encourage advances in surface coal mining and reclamation practices, or to allow post-mining land use for industrial, commercial, residential, or public use, including recreational facilities, the commissioner, with the approval of the secretary, may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under this part.
  2. (b) The departures may be authorized if:
    1. (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. (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; and
    3. (3) The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-124. Effect of part on § 66-5-102.
  1. Nothing in this part limits or invalidates § 66-5-102.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-125. Designation of area as unsuitable for certain types of surface coal mining and reclamation operations.
  1. (a)
    1. (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 section, but that designation shall not prevent the mineral exploration of any designated area.
    2. (2) Upon 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. (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. (A) Are incompatible with existing state or local land use plans or programs;
      2. (B) 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. (C) 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. (D) 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. (4) The department shall be responsible for surface coal mining lands review and shall assist the commissioner in developing a process that includes:
      1. (A) A database and inventory system that permits 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. (B) A method or methods for implementing land use planning decisions concerning surface coal mining and reclamation operations; and
      3. (C) Proper notice and opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section.
    5. (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. (6) This section does not apply to lands on which surface coal mining operations were 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.
  2. (b) Any person having an interest that is or may be adversely affected shall have the right to 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) must 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. 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.
  3. (c) Prior to designating any land areas as unsuitable for surface coal mining and reclamation operations, the commissioner shall prepare a detailed statement on:
    1. (1) The potential coal resources of the area;
    2. (2) The demand for coal resources; and
    3. (3) The impact of the designation on the environment, the economy, and the supply of coal.
  4. (d) 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. (1) The information contained in the database, records, and inventory system;
    2. (2) Any information that was provided by other governmental agencies or the public; and
    3. (3) The information contained in the detailed statement provided in subsection (c).
  5. (e) 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.
  6. (f) The decision of the commissioner with respect to a petition, or the failure of the commissioner to act within the time limits set forth in this section shall be subject to judicial review in the same manner as provided for orders or determinations of the commissioner under § 59-8-121. All relevant portions of the information used in subsection (c) shall be considered and included in the record of the administrative proceeding.
Backlinks (1)
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-126. Promulgation of rules for persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations.
  1. The commissioner shall promulgate rules to require the training, examination, and certification of persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-127. Department employees prohibited from having financial interest in underground coal mining operation or surface coal mining and reclamation operation.
  1. No employee of the department performing any function or duty under this part shall have a direct or indirect financial interest in any underground coal mining operation or surface coal mining and reclamation operation. The commissioner shall promulgate rules to establish methods by which this section shall be monitored and enforced, including appropriate provisions for the filing by any employees and the review of statements and supplements to such statements concerning any financial interest which may be affected by this section.
Backlinks (1)
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-128. Effect of part on state law and authority of state agency.
  1. (a) This part does not operate to repeal, supersede, amend, or modify any of the laws of this state relating to the pollution of the air or waters, or any environment and conservation or mining laws, or any rules promulgated pursuant to such laws, but shall be held and construed as ancillary and supplemental thereto. Such laws include, but are not limited to:
    1. (1) The Tennessee Air Quality Act, compiled in §§ 68-201-101 – 68-201-121;
    2. (2) The Tennessee Solid Waste Disposal Act, compiled in §§ 68-211-101 – 68-211-124;
    3. (3) The Water Quality Control Act of 1977, compiled in §§ 69-3-101 – 69-3-148; and
    4. (4) Chapters 1 and 4 of this title.
  2. (b) Nothing in this part affects the authority of any agency of this state under other provisions of law to include in any lease, license, permit, contract, or other instrument such conditions as may be appropriate to regulate surface coal mining and reclamation operations on land under their jurisdiction.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-129. Immediate conformance with statutes and rules — Federal permittees.
  1. (a) Except as provided in subsection (b), irrespective of the date of issuance of a permit, all permittees shall immediately conform to any statutes enacted relative to surface coal mining and reclamation operations in this state, or rules adopted pursuant to those statutes, on the effective date of such statutes and rules.
  2. (b) Permits issued pursuant to the federal program shall be valid under this part; provided, the federal permittee shall have the right to apply for a permit under this part to supersede the permit issued pursuant to the federal program. The commissioner may review such permits to determine that the requirements of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) and this part and rules promulgated pursuant to this part are not violated. Should this part or rules promulgated pursuant to this part contain additional requirements not contained in the federal program, the permittee will be provided opportunity for hearing and a reasonable time, within a time limit prescribed in rules promulgated by the commissioner, to conform ongoing surface mining and reclamation operations to the additional state requirements.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-130. Compliance with part by governmental entity.
  1. 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.
History (1)
  • Acts 2021, ch. 548, § 3.
§ 59-8-131. Prohibited discharge or discrimination of employee or representative of employees.
  1. (a) No person shall discharge, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this part or has testified or is about to testify in any proceeding resulting from the administration or enforcement of this part.
  2. (b)
    1. (1) Any employee or a representative of employees who believes that the employee has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may, within thirty (30) days after such alleged violation occurs, apply to the commissioner for a review of such firing or alleged discrimination. A copy of the application shall be sent to the person or operator who will be the respondent.
    2. (2) Upon receipt of such application, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to the alleged violation. The parties shall be given written notice of the time and place of the hearing at least five (5) days prior to the hearing. Any such hearing shall be a contested case conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
    3. (3) Upon receiving the report of such investigation, the commissioner shall make findings of fact. If the commissioner finds that a violation did occur, the commissioner shall issue a decision incorporating the commissioner's findings and an order requiring the party committing the violation to take such affirmative action to abate the violation as the commissioner deems appropriate, including, but not limited to, the rehiring or reinstatement of the employee to such person's former position with compensation. If the commissioner finds that there was no violation, the commissioner shall issue a finding.
    4. (4) [Deleted by 2023 amendment.]
  3. (c) Whenever an order is issued under this section to abate any violation, at the request of the employee or representative applicant a sum equal to the aggregate amount of all costs and expenses, including attorney fees, to have been reasonably incurred by the employee or representative applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the persons committing the violation.
Backlinks (1)
History (2)
  • Acts 2021, ch. 548, § 3
  • 2023, ch. 401, §§ 14, 15.
§ 59-8-132. Coal mining protection fund.
  1. (a) There is created a segregated account within the state treasury to be known as the “coal mining protection fund.”
  2. (b) The fund shall be administered by the commissioner. Unless otherwise provided by this part, all fees, penalties, bond forfeitures and damages collected by the commissioner pursuant to this part and monies received as provided in § 67-7-110, 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 including administration and enforcement of the requirements of this part; provided, however, that:
    1. (1) Penalties shall be segregated in a separate account in the fund to be expended by the commissioner primarily for activities supporting the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977, and for conducting and obtaining investigations, research, experiments, training programs, and demonstrations; and collecting and disseminating 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; and
    2. (2) Bond forfeitures shall be segregated in a separate account in the fund and shall be available to the commissioner for expenditure for the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977; provided, that the proceeds from the forfeiture of any bond shall first be used to the extent required in completing reclamation of the area with respect to which the bond was posted.
  3. (c) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603. Unexpended and unobligated funds remaining in the fund 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. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.
Backlinks (3)
History (2)
  • Acts 2018, ch. 839, § 1
  • 2021, ch. 548, § 3.
§ 59-8-133. Postponement of efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations.
  1. (a) Notwithstanding a law to the contrary, the state shall postpone efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) until the commissioner notifies the speaker of the senate and the speaker of the house of representatives that the commissioner has determined that:
    1. (1) The surface coal mining industry in this state is fiscally self-sufficient to support a state-operated program, with revenues from fees and taxes generated from the industry anticipated to meet required expenditures, using data from the report required by subsection (c); and
    2. (2) This state has allocated monies sufficient to address actual and potential liabilities resulting from insufficient bonding relative to surface coal mining and reclamation operations.
  2. (b) During the period of postponement pursuant to subsection (a), the department shall consult with the Tennessee Mining Association regarding the status of surface coal mining and reclamation operations in this state. The department of environment and conservation shall notify the department of revenue when any application for primacy is submitted.
  3. (c) By July 1, 2024, and each July 1 thereafter until July 1, 2028, the department shall submit a report to the speaker of the senate and the speaker of the house of representatives containing data on:
    1. (1) The tonnage of coal severed from the ground in surface coal mining and reclamation operations in this state during the prior fiscal year; and
    2. (2) The amount of projected revenue from acreage fees, severance taxes, permit fees, and amendment fees that would have been required by state law if the state had exclusive jurisdiction over surface coal mining and reclamation operations in this state during the prior fiscal year.
  4. (d) If, by July 1, 2028, the commissioner has not notified the speaker of the senate and the speaker of the house of representatives pursuant to subsection (a), any obligation of this state to seek to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) terminates.
History (1)
  • Acts 2023, ch. 401, § 16.
Part 2 Tennessee Mineral Surface Mining Law of 1972
§ 59-8-201. Short title.
  1. This part shall be known and may be cited as the “Tennessee Mineral Surface Mining Law of 1972.”
History (3)
  • Acts 1972, ch. 547, § 1
  • T.C.A. (orig. ed.), § 58-1540
  • Acts 1980, ch. 908, § 37.
§ 59-8-202. Part definitions.
  1. Except as otherwise required by the context, the following terms when used in this part or in regulations issued thereunder shall be construed to mean:
    1. (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. (2) “Bench” means the ledge, shelf or terrace formed in the contour method of surface mining;
      1. (A) “Fill bench” means that portion of the bench which is formed by depositing overburden beyond the cut section; and
      2. (B) “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;
    3. (3) “Board” means the Tennessee board of water quality, oil, and gas, established by § 69-3-104;
    4. (4) “Commissioner” means the commissioner of environment and conservation or the commissioner's designees;
    5. (5) “Director” means the director of the division of water pollution control;
    6. (6) “Highwall” means a slope in excess of thirty-five degrees (35°) which is created by mining operations;
    7. (7)
      1. (A) “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. (B) “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. (C) “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;
    8. (8) “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;
    9. (9) “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;
    10. (10) “Orphan mine” means land affected by surface mining operations prior to enactment of the [former] Tennessee Strip Mine Law of 1967 [repealed];
    11. (11) “Overburden” means all earth and other materials which are removed to gain access to the mineral in the process of surface mining;
    12. (12) “Person” means an individual, partnership, corporation or any other association of individuals;
    13. (13) “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;
    14. (14) “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;
    15. (15) “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;
    16. (16) “Spoil bank” means the overburden as it is piled or deposited in the process of surface mining;
    17. (17) “Stream” means any waterway that normally exhibits water flow at least six (6) consecutive months per year; and
    18. (18) “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.
Backlinks (1)
History (15)
  • 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.
§ 59-8-203. Purpose of act.
  1. 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.
History (2)
  • Acts 1972, ch. 547, § 3
  • T.C.A., § 58-1542.
§ 59-8-204. Powers of the commissioner.
  1. The commissioner shall exercise the following authority and powers to:
    1. (1) Administer and enforce the provisions of this part and all rules and regulations and orders promulgated thereunder;
    2. (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. (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. (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. (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. (6) Examine and approve or disapprove applications for permits, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by operators;
    7. (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. (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. (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. (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. (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. (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. (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.
History (5)
  • 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. (a) No operator shall engage in surface mining without having first obtained from the commissioner a permit therefor. This permit shall authorize the operator to engage in surface mining upon the area of land described in the operator's application for a period not to exceed five (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. (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. (A) 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. (B) A map showing the general location of the affected area with relation to property lines, nearby towns, county lines, public roads, and streams;
      3. (C) 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. (D) 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. (E) Identification of the owner or owners of the minerals to be mined;
      6. (F) 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. (G) 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. (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.
      Backlinks (1)
    3. (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. (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. (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. (6) No permit for mining shall be granted if:
      1. (A) The applicant has had a Tennessee surface mine permit revoked or suspended and the bond forfeited;
      2. (B) 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. (C) 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;
      4. 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. (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. (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. (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. (b) 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.
History (9)
  • 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.
§ 59-8-206. Fees.
  1. 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.
Backlinks (1)
History (5)
  • 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. (a) The bond filed with the commissioner shall be payable to the state of Tennessee and shall be executed by the operator and a corporate surety that is approved by the commissioner and properly authorized to act as corporate surety and licensed to do business in this state; 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. (b) 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. (c) 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. (d) 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.
Backlinks (1)
History (5)
  • Acts 1972, ch. 547, § 7
  • 1974, ch. 590, §§ 5, 12
  • T.C.A., § 58-1546
  • Acts 1980, ch. 908, § 42
  • 2009, ch. 211, § 2.
§ 59-8-208. Mining and reclamation plans.
  1. (a) Each operator shall prepare and carry out a mining and reclamation plan for the area affected by the operator's operation, such plan to be submitted by the operator for the commissioner's approval with the application for a permit. Such plan shall provide for:
    1. (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. (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. (3) Revegetation of the affected area as provided in § 59-8-209;
    4. (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. (5) Carrying out any additional reclamation work required by the rules and regulations adopted by the commissioner;
    6. (6) A description of the use to which the area affected will be placed at the conclusion of reclamation; and
    7. (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. (b) 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. (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. (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. (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. (4) The date the map was prepared, together with a certification as to its accuracy by the person responsible for its preparation.
  3. (c) 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. (d) 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. (e) 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.
Backlinks (1)
History (10)
  • 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. (a) Each operator shall submit for the commissioner's approval and carry out after such approval a plan for preparation of the soil and subsequent revegetation of the affected area. Such plan shall take into consideration the approved after-use of the area affected and shall be 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. (b) 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.
Backlinks (1)
History (5)
  • 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.
  1. 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.
History (2)
  • Acts 1972, ch. 547, § 10
  • T.C.A., § 58-1549.
§ 59-8-211. Notice of noncompliance — Forfeiture of bond.
  1. (a) If any of the requirements of this part or rules and regulations adopted pursuant thereto or the orders of the commissioner have not been complied with within the time limits set by the commissioner or by this part, the commissioner shall cause a notice of noncompliance to be 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. (b) 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.
History (2)
  • Acts 1972, ch. 547, § 11
  • T.C.A., § 58-1550.
§ 59-8-212. Tennessee surface mine reclamation fund — Other available funds.
  1. 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.
Backlinks (2)
History (4)
  • Acts 1972, ch. 547, § 12
  • 1974, ch. 590, § 1
  • T.C.A., § 58-1551
  • Acts 1980, ch. 908, § 45.
§ 59-8-213. Utilizing services of other agencies or persons — Compensation — Funding.
  1. (a) In the reclamation of land affected by surface mining, the commissioner may utilize any services which may be provided by other state or local agencies or by agencies of the federal government, and may compensate them for such service. The commissioner may also receive any 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. (b) 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.
History (2)
  • Acts 1972, ch. 547, § 13
  • T.C.A., § 58-1552.
§ 59-8-214. Right of access.
  1. 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.
History (2)
  • Acts 1972, ch. 547, § 13
  • T.C.A., § 58-1552.
§ 59-8-215. State's power to acquire land affected by surface mining.
  1. (a) This state, acting by and through the department, shall have the power to acquire, either by negotiation or by exercise of the power of eminent domain, land which has been affected or disturbed by surface mining, which now consists of orphan banks or unreclaimed spoil piles, 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. (b) 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. (c) 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. (d) 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.
Backlinks (2)
History (3)
  • 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.
  1. 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.
History (2)
  • Acts 1972, ch. 547, § 15
  • T.C.A., § 58-1554.
§ 59-8-217. Acquisitions and disposals of land after reclamation.
  1. (a) After the reclamation of the acquired land, the commissioner may, with the approval of the governor, transfer jurisdiction of such land, or any portion thereof, to any state agency that can best utilize such land for public purposes. If the retention of such land is 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. (b) 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. (c) 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.
History (3)
  • Acts 1972, ch. 547, § 16
  • T.C.A., § 58-1555
  • Acts 1980, ch. 908, § 47.
§ 59-8-222. Civil and criminal penalties — Enforcement — Rights preserved.
  1. (a) 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. (b) 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. (c) 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. (d) 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.
History (4)
  • Acts 1972, ch. 547, § 20
  • T.C.A., § 58-1560
  • Acts 1980, ch. 908, § 49
  • 1989, ch. 591, § 112.
§ 59-8-223. Injunctive relief.
  1. (a) 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. (b) 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. (c) 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.
History (3)
  • Acts 1972, ch. 547, § 21
  • 1974, ch. 590, § 10
  • T.C.A., § 58-1561.
§ 59-8-224. Supplemental nature of part.
  1. 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.
History (2)
  • Acts 1972, ch. 547, § 22
  • T.C.A., § 58-1562.
§ 59-8-225. Immediate conformity to statutes or regulations required.
  1. 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.
History (2)
  • Acts 1972, ch. 547, § 23
  • T.C.A., § 58-1563.
§ 59-8-226. Sanctions applicable only to mines in violation.
  1. 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.
History (2)
  • Acts 1972, ch. 547, § 24
  • T.C.A., § 58-1564.
§ 59-8-228. Certain exploratory drilling regulated under Mineral Test Hole Regulatory Act exclusively.
  1. 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.
History (1)
  • Acts 1980, ch. 695, § 5.
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. (a) 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. (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. (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. (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. (b) 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. (c) 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. (d) 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. (e) 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. (f) If the commissioner makes a finding of fact that:
    1. (1) Land or water resources have been adversely affected by past coal mining practices; and
    2. (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. (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. (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;
    5. 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.
    Backlinks (2)
  7. (g) 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. (h) 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. (i) 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. (j) 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. (k) 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. (l) 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. (m) 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.
History (3)
  • Acts 1980, ch. 908, § 24
  • 1984, ch. 837, § 3
  • T.C.A., § 59-8-324.
§ 59-8-302. Liens.
  1. (a) 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.
  2. (b)
    1. (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. (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.
  3. (c) 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.
  4. (d) 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.
  5. (e)
    1. (1) A form of notice substantially as follows is sufficient to comply with subsection (a):
        1. Name of titleholder(s)
        2. Property address
        3. Description of property subject to possible lien sufficient to identify such property
        4. Date, signature, and address of the commissioner or the commissioner's authorized designee
    3. (2) 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.
  6. (f) 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).
History (7)
  • 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
  • Acts 2021, ch. 548, §§ 4, 5.
§ 59-8-303. Tennessee surface mine reclamation fund.
  1. (a) 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. (b) 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. (c) 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. (d) 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).
History (4)
  • Acts 1980, ch. 908, § 26
  • 1984, ch. 837, § 5
  • 1987, ch. 251, § 2
  • T.C.A., § 59-8-326.
§ 59-8-304. Part definitions.
  1. As used in this part unless the context otherwise requires:
    1. (1) “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; and
    2. (2) “Department” means the department of environment and conservation.
History (5)
  • Acts 1984, ch. 837, § 6
  • 1987, ch. 251, § 3
  • 1992, ch. 693, § 1
  • T.C.A., § 59-8-351
  • Acts 2021, ch. 548, §§ 6, 7.
§ 59-8-305. Violations — Penalties.
  1. (a) 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. (1) 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
    2. (2) Prevents or impedes an employee of the state from performing the employee's duty under this part, except as permitted by law.
  2. (b) 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. (c) All penalties and fines recovered under this section shall be placed in the state treasury and credited to the Tennessee surface mine reclamation fund.
History (5)
  • Acts 1984, ch. 837, § 6
  • 1987, ch. 251, § 4
  • 1989, ch. 591, § 77
  • T.C.A., § 59-8-352
  • Acts 2021, ch. 548, § 8.
§ 59-8-306. Applicability of prior law.
  1. (a) 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. (b) 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. (c) 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].
History (2)
  • Acts 1984, ch. 837, § 6
  • T.C.A., § 59-8-353.
§ 59-8-308. Commissioner and personnel — Powers.
  1. The commissioner has the authority to:
    1. (1) Employ and commission qualified persons as provided in § 11-1-101; and
    2. (2) Make such investigations or inspections as are necessary to ensure compliance with any provisions of this part, including the right to enter at any time upon a suspected affected area or affected area for such purposes and the right of ingress and egress across intervening properties.
History (4)
  • Acts 1984, ch. 837, § 8
  • T.C.A., § 59-8-355
  • Acts 2021, ch. 135, § 3
  • 2021, ch. 548, § 9.
§ 59-8-309. Rules and regulations.
  1. All rules and regulations promulgated and now in force for the abandoned mine land reclamation program, published by the secretary of state as Tenn. Comp. R. & Regs. R. 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 §§ 59-8-304-59-8-309, are repealed.
History (2)
  • Acts 1984, ch. 837, § 7
  • T.C.A., § 59-8-356.
Chapter 10 Interstate Mining Compact
§ 59-10-101. Interstate Mining Compact.
  1. 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:
      1. ARTICLE I. Finding and Purposes
        1. (a) The party states find that:
          1. (1) Mining and the contributions thereof to the economy and well-being of every state are of basic significance;
          2. (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. (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. (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. (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. (b) The purposes of this compact are to:
          1. (1) Advance the protection and restoration of land, water and other resources affected by mining;
          2. (2) Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining;
          3. (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. (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. (5) Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.
      2. ARTICLE II. Definitions
        1. As used in this compact, the term:
          1. (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. (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.
      3. ARTICLE III. State Programs
        1. 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. (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. (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. (3) The institution and maintenance of suitable programs for adaptation, restoration, and rehabilitation of mined lands; and
          4. (4) The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future.
      4. ARTICLE IV. Powers
        1. 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. (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. (2) Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining;
          3. (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. (4) Gather and disseminate information relating to any of the matters within the purview of this compact;
          5. (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. (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. (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. (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.
      5. ARTICLE V. The Commission
        1. (a) 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. (b) 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. (c) The commission shall have a seal.
        4. (d) 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. (e) 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. (f) 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. (g) 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. (h) 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. (i) 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. (j) 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.
      6. ARTICLE VI. Advisory, Technical, and Regional Committees
        1. 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.
      7. ARTICLE VII. Finance
        1. (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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.
      8. ARTICLE VIII. Entry Into Force and Withdrawal
        1. (a) 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. (b) 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.
      9. ARTICLE IX.
        1. Nothing in this compact shall be construed to limit, repeal or supersede any other law of any party state.
      10. ARTICLE X. Construction and Severability
        1. 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.
Backlinks (1)
History (2)
  • Acts 1973, ch. 109, § 1
  • T.C.A. (orig. ed.), § 58-1801.
§ 59-10-102. Board of reclamation review to be advisory body.
  1. The Tennessee board of water quality, oil, and gas, created by § 69-3-104, 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 § 69-3-105.
History (3)
  • Acts 1973, ch. 109, § 2
  • T.C.A., § 58-1802
  • Acts 2021, ch. 548, §§ 11, 12.
§ 59-10-103. Commission bylaws to be filed with state officers.
  1. 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.
History (2)
  • 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.
  1. 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.
History (1)
  • Acts 1982, ch. 557, § 3.
Chapter 11 Weighing of Coal and Minerals
§ 59-11-101. Checkweigher or checkmeasurer — Duties — Interference prohibited — Penalty.
  1. (a) 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. (b) Any person violating this section is guilty of a Class C misdemeanor.
History (5)
  • Acts 1887, ch. 206, § 1
  • Shan., § 339
  • Code 1932, § 5639
  • T.C.A. (orig. ed.), § 58-1601
  • Acts 1989, ch. 591, § 113.
§ 59-11-102. Recordkeeping — Disputes — Settlement.
  1. 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.
History (4)
  • 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.
  1. 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.
History (5)
  • Acts 1887, ch. 206, § 3
  • Shan., § 341
  • Code 1932, § 5641
  • T.C.A. (orig. ed.), § 58-1603
  • Acts 1989, ch. 591, § 113.
§ 59-11-104. Payment of checkweigher.
  1. 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.
Backlinks (1)
History (4)
  • 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.
  1. 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.
History (5)
  • Acts 1899, ch. 338, § 2
  • Shan., § 341a2
  • Code 1932, § 5643
  • T.C.A. (orig. ed.), § 58-1605
  • Acts 1989, ch. 591, § 113.
Chapter 13 Coal Cooperative Marketing Associations
§ 59-13-101. Short title.
  1. This chapter shall be known and may be cited as the “Tennessee Coal Cooperative Marketing Association Law of 1984.”
History (1)
  • Acts 1984, ch. 864, § 1.
§ 59-13-102. Legislative intent.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 2.
§ 59-13-103. Chapter definitions.
  1. As used in this chapter, the following definitions shall have the meanings set out unless the context clearly indicates otherwise:
    1. (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. (2) “Coal” means coal and all of its derivatives;
    3. (3) “Member” means actual members of associations without capital stock, and holders of common stock in associations organized with capital stock; and
    4. (4) “Person” means any individual, firm, partnership, corporation, and association.
History (1)
  • Acts 1984, ch. 864, § 3.
§ 59-13-104. Creation of associations.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 4.
§ 59-13-105. Purposes.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 5.
§ 59-13-106. Communications regarding probable success.
  1. 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.
History (2)
  • Acts 1984, ch. 864, § 6
  • 2016, ch. 743, § 16.
§ 59-13-107. Powers and duties.
  1. Each association incorporated under this chapter shall have the following powers, to:
    1. (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. (2) Borrow money and to make advance payments and advances to members;
    3. (3) Act as the agent or representative of any member or members in any of the above-mentioned activities;
    4. (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. (5) Establish reserves and to invest the funds thereof in bonds or in such other property as may be provided in the bylaws;
    6. (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. (7) Establish, secure, own and develop patents, trademarks and copyrights; and
    8. (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.
History (1)
  • Acts 1984, ch. 864, § 7.
§ 59-13-108. Membership — Stock.
  1. (a) 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. (b) 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. (c) One (1) association organized hereunder may become a member or stockholder of any other association or associations organized hereunder.
History (1)
  • Acts 1984, ch. 864, § 8.
§ 59-13-109. Articles of incorporation — Directors — Stock.
  1. Each association formed under this chapter must prepare and file articles of incorporation, setting forth:
    1. (1) The name of the association;
    2. (2) The purpose for which it is formed;
    3. (3) The place where its principal business will be transacted;
    4. (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. (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. (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. (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.
History (1)
  • Acts 1984, ch. 864, § 9.
§ 59-13-110. Stock — Common and preferred.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 10.
§ 59-13-111. Articles of incorporation — Subscription and acknowledgment — Copies — Evidence.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 11.
§ 59-13-112. Amendment of articles.
  1. (a) An amendment must first be approved by two-thirds (⅔) of the directors and then adopted by a vote representing a majority of all the members of the association.
  2. (b) 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.
History (1)
  • Acts 1984, ch. 864, § 12.
§ 59-13-113. Bylaws.
  1. 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. (1) The number of stockholders or members constituting a quorum;
    2. (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. (3) The number of directors constituting a quorum;
    4. (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. (5) Penalties for violations of the bylaws;
    6. (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. (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. (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.
History (1)
  • Acts 1984, ch. 864, § 13.
§ 59-13-114. Meetings.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 14.
§ 59-13-115. Board of directors.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 15.
§ 59-13-116. Compensation of officers and directors.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 16.
§ 59-13-117. Contracts and positions of directors — Prohibitions.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 17.
§ 59-13-118. Executive committee.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 18.
§ 59-13-119. Vacancies on board.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 19.
§ 59-13-120. Election of officers.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 20.
§ 59-13-121. Surety bonds.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 21.
§ 59-13-122. Certificates of membership.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 22.
§ 59-13-123. Conditions of issuing stock.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 23.
§ 59-13-124. Liability of members.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 24.
§ 59-13-125. Number of votes of members or stockholders.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 25.
§ 59-13-126. Preferred stock.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 26.
§ 59-13-127. Prohibited transfer of common stock.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 27.
§ 59-13-128. Purchase of common stock by association.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 28.
§ 59-13-129. Removal of officers or directors.
  1. 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 (⅔) 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.
History (1)
  • Acts 1984, ch. 864, § 29.
§ 59-13-130. Referral of policy to membership.
  1. Upon demand of two-thirds (⅔) 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.
History (1)
  • Acts 1984, ch. 864, § 30.
§ 59-13-131. Marketing contracts — Sales to or through associations.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 31.
§ 59-13-132. Breach of contract — Payment of damages and costs — Injunctions.
  1. (a) 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. (b) 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.
History (1)
  • Acts 1984, ch. 864, § 32.
§ 59-13-133. Use of preferred stock to discharge obligations.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 33.
§ 59-13-134. Reports.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 34.
§ 59-13-135. Interests in other corporations.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 37.
§ 59-13-136. Interests in warehousing corporations.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 38.
§ 59-13-137. Permissible contracts and agreements.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 39.
§ 59-13-138. Out-of-state corporations.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 40.
§ 59-13-139. Restraint of trade — Monopolies.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 41.
§ 59-13-140. Fees — Liability for privilege tax.
  1. (a) 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. (b) 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).
History (1)
  • Acts 1984, ch. 864, §§ 43, 44.
§ 59-13-141. Combinations — Amendment of preexisting charters.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 45.
§ 59-13-142. Exemption for subsidiaries.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 46.
§ 59-13-143. Applicability of existing exemptions.
  1. 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.
History (1)
  • Acts 1984, ch. 864, § 36.
§ 59-13-144. Applicability of corporation laws — Conflicting laws.
  1. (a) 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. (b) Any law which is in conflict with this chapter shall be construed as not applying to the associations herein provided for.
History (1)
  • Acts 1984, ch. 864, §§ 35, 42.