Tenn. Code Ann. § 59-8-110 — TN Code / Title 59 / Chapter 8 / Section 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
Status: in_force

(a) Any permit issued under this part to conduct surface coal mining and reclamation operations must require the operations to meet all applicable performance standards of this part and such other requirements as the commissioner shall promulgate. (b) General performance standards apply to all surface coal mining and reclamation operations and must require the operation, at a minimum, to: (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) 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) (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; (B) Notwithstanding subdivision (b)(3)(A), in surface coal mining: (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 (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) 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) 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) Restore the topsoil or the best available subsoil which is best able to support vegetation; (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: (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; (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; (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 (D) Redistribute and grade in a uniform manner the surface soil horizon described in subdivision (b)(7)(A); (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: (A) The size of the impoundment is adequate for its intended purposes; (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 ); (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; (D) The level of water will be reasonably stable; (E) Final grading will provide adequate safety and access for proposed water users; and (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; (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) 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: (A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) Preventing or removing water from contact with toxic producing deposits; (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells and keeping acid or other toxic drainage from entering ground and surface waters; (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; (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; (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; (E) Restoring recharge capacity of the mined area to approximate premining conditions; (F) Avoiding channel deepening or enlargement in operations requiring the discharge of water from mines; (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 (H) Such other actions as the commissioner may prescribe; (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) 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: (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 (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) 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) 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) 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: (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; (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; (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: (i) Injury to persons; (ii) Damage to public and private property outside the permit area; (iii) Adverse impacts on any underground mine; and (iv) Change in the course, channel, or availability of ground or surface water outside the permit area; (D) Require that all blasting operations be conducted by trained and competent persons certified by the commissioner; and (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; (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: (A) If the commissioner finds in writing that: (i) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations; (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; (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; (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; (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 (vi) Provisions for the off-site storage of spoil will comply with subdivision (b)(22); (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; (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 (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) 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) 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) 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) (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: (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 (ii) The commissioner may grant exception to subdivision (b)(19); (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) 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) Place all excess spoil material resulting from surface coal mining and reclamation activities in such a manner that: (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; (B) The areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement; (C) Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent soil erosion and movement; (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; (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; (F) Where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed; (G) The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses; (H) Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and (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) 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) 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) 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. (c) (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) 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: (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; (B) The applicant presents specific plans for the proposed postmining land use and appropriate assurances that such use will be: (i) Compatible with adjacent land uses; (ii) Obtainable according to data regarding expected need and market; (iii) Assured of investment in necessary public facilities; (iv) Supported by commitments from public agencies where appropriate; (v) Practicable with respect to private financial capability for completion of the proposed use; (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 (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; (C) The proposed use would be consistent with adjacent land uses, and existing state and local land use plans and programs; (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 (E) All other requirements of this part will be met. (3) In granting any permit pursuant to this subsection (c) the commissioner shall require that: (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; (B) The reclaimed area is stable; (C) The resulting plateau or rolling contour drains inward from the outslopes except at specified points; (D) No damage will be done to natural watercourses; (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 (F) Ensure stability of the spoil retained on the mountaintop and meet the other requirements of this part. (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) 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. (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) 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) 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) 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) 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. (e) (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) 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: (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; (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 (C) After approval by the commissioner, the watershed of the affected land is deemed to be improved. (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) 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) 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. Amended by 2023 Tenn. Acts, ch. 401, s 5, eff. 5/11/2023. Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021. Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
(a) Any permit issued under this part to conduct surface coal mining and reclamation operations must require the operations to meet all applicable performance standards of this part and such other requirements as the commissioner shall promulgate.
(b) General performance standards apply to all surface coal mining and reclamation operations and must require the operation, at a minimum, to: (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) 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) (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; (B) Notwithstanding subdivision (b)(3)(A), in surface coal mining: (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 (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) 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) 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) Restore the topsoil or the best available subsoil which is best able to support vegetation; (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: (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; (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; (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 (D) Redistribute and grade in a uniform manner the surface soil horizon described in subdivision (b)(7)(A); (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: (A) The size of the impoundment is adequate for its intended purposes; (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 ); (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; (D) The level of water will be reasonably stable; (E) Final grading will provide adequate safety and access for proposed water users; and (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; (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) 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: (A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) Preventing or removing water from contact with toxic producing deposits; (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells and keeping acid or other toxic drainage from entering ground and surface waters; (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; (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; (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; (E) Restoring recharge capacity of the mined area to approximate premining conditions; (F) Avoiding channel deepening or enlargement in operations requiring the discharge of water from mines; (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 (H) Such other actions as the commissioner may prescribe; (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) 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: (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 (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) 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) 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) 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: (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; (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; (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: (i) Injury to persons; (ii) Damage to public and private property outside the permit area; (iii) Adverse impacts on any underground mine; and (iv) Change in the course, channel, or availability of ground or surface water outside the permit area; (D) Require that all blasting operations be conducted by trained and competent persons certified by the commissioner; and (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; (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: (A) If the commissioner finds in writing that: (i) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations; (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; (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; (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; (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 (vi) Provisions for the off-site storage of spoil will comply with subdivision (b)(22); (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; (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 (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) 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) 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) 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) (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: (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 (ii) The commissioner may grant exception to subdivision (b)(19); (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) 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) Place all excess spoil material resulting from surface coal mining and reclamation activities in such a manner that: (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; (B) The areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement; (C) Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent soil erosion and movement; (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; (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; (F) Where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed; (G) The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses; (H) Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and (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) 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) 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) 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.
(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) 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) (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; (B) Notwithstanding subdivision (b)(3)(A), in surface coal mining: (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 (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;
(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;
(B) Notwithstanding subdivision (b)(3)(A), in surface coal mining: (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 (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;
(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
(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) 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) 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) Restore the topsoil or the best available subsoil which is best able to support vegetation;
(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: (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; (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; (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 (D) Redistribute and grade in a uniform manner the surface soil horizon described in subdivision (b)(7)(A);
(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;
(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;
(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
(D) Redistribute and grade in a uniform manner the surface soil horizon described in subdivision (b)(7)(A);
(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: (A) The size of the impoundment is adequate for its intended purposes; (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 ); (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; (D) The level of water will be reasonably stable; (E) Final grading will provide adequate safety and access for proposed water users; and (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;
(A) The size of the impoundment is adequate for its intended purposes;
(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 );
(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;
(D) The level of water will be reasonably stable;
(E) Final grading will provide adequate safety and access for proposed water users; and
(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;
(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) 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: (A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) Preventing or removing water from contact with toxic producing deposits; (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells and keeping acid or other toxic drainage from entering ground and surface waters; (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; (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; (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; (E) Restoring recharge capacity of the mined area to approximate premining conditions; (F) Avoiding channel deepening or enlargement in operations requiring the discharge of water from mines; (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 (H) Such other actions as the commissioner may prescribe;
(A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) Preventing or removing water from contact with toxic producing deposits; (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells and keeping acid or other toxic drainage from entering ground and surface waters;
(i) Preventing or removing water from contact with toxic producing deposits;
(ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and
(iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells and keeping acid or other toxic drainage from entering ground and surface waters;
(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;
(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;
(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;
(E) Restoring recharge capacity of the mined area to approximate premining conditions;
(F) Avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;
(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
(H) Such other actions as the commissioner may prescribe;
(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) 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: (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 (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;
(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
(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) 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) 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) 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: (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; (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; (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: (i) Injury to persons; (ii) Damage to public and private property outside the permit area; (iii) Adverse impacts on any underground mine; and (iv) Change in the course, channel, or availability of ground or surface water outside the permit area; (D) Require that all blasting operations be conducted by trained and competent persons certified by the commissioner; and (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;
(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;
(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;
(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: (i) Injury to persons; (ii) Damage to public and private property outside the permit area; (iii) Adverse impacts on any underground mine; and (iv) Change in the course, channel, or availability of ground or surface water outside the permit area;
(i) Injury to persons;
(ii) Damage to public and private property outside the permit area;
(iii) Adverse impacts on any underground mine; and
(iv) Change in the course, channel, or availability of ground or surface water outside the permit area;
(D) Require that all blasting operations be conducted by trained and competent persons certified by the commissioner; and
(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;
(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: (A) If the commissioner finds in writing that: (i) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations; (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; (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; (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; (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 (vi) Provisions for the off-site storage of spoil will comply with subdivision (b)(22); (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; (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 (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;
(A) If the commissioner finds in writing that: (i) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations; (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; (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; (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; (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 (vi) Provisions for the off-site storage of spoil will comply with subdivision (b)(22);
(i) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;
(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;
(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;
(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;
(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
(vi) Provisions for the off-site storage of spoil will comply with subdivision (b)(22);
(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;
(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
(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) 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) 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) 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) (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: (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 (ii) The commissioner may grant exception to subdivision (b)(19); (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;
(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: (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 (ii) The commissioner may grant exception to subdivision (b)(19);
(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
(ii) The commissioner may grant exception to subdivision (b)(19);
(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) 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) Place all excess spoil material resulting from surface coal mining and reclamation activities in such a manner that: (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; (B) The areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement; (C) Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent soil erosion and movement; (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; (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; (F) Where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed; (G) The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses; (H) Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and (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;
(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;
(B) The areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement;
(C) Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent soil erosion and movement;
(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;
(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;
(F) Where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed;
(G) The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses;
(H) Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and
(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) 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) 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) 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.
(c) (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) 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: (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; (B) The applicant presents specific plans for the proposed postmining land use and appropriate assurances that such use will be: (i) Compatible with adjacent land uses; (ii) Obtainable according to data regarding expected need and market; (iii) Assured of investment in necessary public facilities; (iv) Supported by commitments from public agencies where appropriate; (v) Practicable with respect to private financial capability for completion of the proposed use; (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 (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; (C) The proposed use would be consistent with adjacent land uses, and existing state and local land use plans and programs; (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 (E) All other requirements of this part will be met. (3) In granting any permit pursuant to this subsection (c) the commissioner shall require that: (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; (B) The reclaimed area is stable; (C) The resulting plateau or rolling contour drains inward from the outslopes except at specified points; (D) No damage will be done to natural watercourses; (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 (F) Ensure stability of the spoil retained on the mountaintop and meet the other requirements of this part. (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) 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.
(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) 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: (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; (B) The applicant presents specific plans for the proposed postmining land use and appropriate assurances that such use will be: (i) Compatible with adjacent land uses; (ii) Obtainable according to data regarding expected need and market; (iii) Assured of investment in necessary public facilities; (iv) Supported by commitments from public agencies where appropriate; (v) Practicable with respect to private financial capability for completion of the proposed use; (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 (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; (C) The proposed use would be consistent with adjacent land uses, and existing state and local land use plans and programs; (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 (E) All other requirements of this part will be met.
(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;
(B) The applicant presents specific plans for the proposed postmining land use and appropriate assurances that such use will be: (i) Compatible with adjacent land uses; (ii) Obtainable according to data regarding expected need and market; (iii) Assured of investment in necessary public facilities; (iv) Supported by commitments from public agencies where appropriate; (v) Practicable with respect to private financial capability for completion of the proposed use; (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 (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;
(i) Compatible with adjacent land uses;
(ii) Obtainable according to data regarding expected need and market;
(iii) Assured of investment in necessary public facilities;
(iv) Supported by commitments from public agencies where appropriate;
(v) Practicable with respect to private financial capability for completion of the proposed use;
(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
(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;
(C) The proposed use would be consistent with adjacent land uses, and existing state and local land use plans and programs;
(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
(E) All other requirements of this part will be met.
(3) In granting any permit pursuant to this subsection (c) the commissioner shall require that: (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; (B) The reclaimed area is stable; (C) The resulting plateau or rolling contour drains inward from the outslopes except at specified points; (D) No damage will be done to natural watercourses; (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 (F) Ensure stability of the spoil retained on the mountaintop and meet the other requirements of this part.
(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;
(B) The reclaimed area is stable;
(C) The resulting plateau or rolling contour drains inward from the outslopes except at specified points;
(D) No damage will be done to natural watercourses;
(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
(F) Ensure stability of the spoil retained on the mountaintop and meet the other requirements of this part.
(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) 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.
(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) 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) 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) 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) 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.
(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) 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) 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) 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.
(e) (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) 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: (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; (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 (C) After approval by the commissioner, the watershed of the affected land is deemed to be improved. (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) 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) 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.
(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) 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: (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; (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 (C) After approval by the commissioner, the watershed of the affected land is deemed to be improved.
(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;
(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
(C) After approval by the commissioner, the watershed of the affected land is deemed to be improved.
(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) 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) 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.
Amended by 2023 Tenn. Acts, ch. 401, s 5, eff. 5/11/2023.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-12-102 — TN Code / Title 59 / Chapter 12 / Section 59-12-102
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019. Acts 1979, ch. 368, §§ 1, 2; T.C.A., § 58-1702; Acts 1985, ch. 288, §§ 39, 40; 1996, ch. 751, § 1; 1999, ch. 520, § 43.
Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019.
Acts 1979, ch. 368, §§ 1, 2; T.C.A., § 58-1702; Acts 1985, ch. 288, §§ 39, 40; 1996, ch. 751, § 1; 1999, ch. 520, § 43.
Tenn. Code Ann. § 59-8-131 — TN Code / Title 59 / Chapter 8 / Section 59-8-131
Prohibited discharge or discrimination of employee or representative of employees
Status: in_force

(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. (b) (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) 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) 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) [Deleted by 2023 amendment.] (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. Amended by 2023 Tenn. Acts, ch. 401, s 15, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 401, s 14, eff. 5/11/2023. Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021. Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
(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.
(b) (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) 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) 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) [Deleted by 2023 amendment.]
(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) 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) 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) [Deleted by 2023 amendment.]
(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.
Amended by 2023 Tenn. Acts, ch. 401, s 15, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 401, s 14, eff. 5/11/2023.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-13-101 — TN Code / Title 59 / Chapter 13 / Section 59-13-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Coal Cooperative Marketing Association Law of 1984." Acts 1984, ch. 864, § 1.
This chapter shall be known and may be cited as the "Tennessee Coal Cooperative Marketing Association Law of 1984."
Acts 1984, ch. 864, § 1.
Tenn. Code Ann. § 59-13-118 — TN Code / Title 59 / Chapter 13 / Section 59-13-118
Executive committee
Status: in_force

The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board. Acts 1984, ch. 864, § 18.
The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board.
Acts 1984, ch. 864, § 18.
Tenn. Code Ann. § 59-8-129 — TN Code / Title 59 / Chapter 8 / Section 59-8-129
Immediate conformance with statutes and rules - Federal permittees
Status: in_force

(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. (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. Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021. Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
(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.
(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.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-13-113 — TN Code / Title 59 / Chapter 13 / Section 59-13-113
Bylaws
Status: in_force

Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. Each association, under its bylaws, may provide for any or all of the following matters: (1) The number of stockholders or members constituting a quorum; (2) The right of members or stockholders to vote by proxy or by mail or both; and the conditions, manner, form, and effects of such votes; (3) The number of directors constituting a quorum; (4) The qualifications, compensation and duties and term of office of directors and officers; time of their election and the mode and manner of giving notice thereof; (5) Penalties for violations of the bylaws; (6) The amount of entrance, organization, and membership fees, if any; the manner and method of collection of the same; and the purposes for which they may be used; (7) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association to the member or stockholder and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign; and (8) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members and of the shares of common stock; the conditions upon which and the time when membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; and the mode, manner, and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member or forfeiture of membership, or, at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property interests in the association and shall fix the amount thereof in money, which shall be paid to the member within one (1) year after such expulsion or withdrawal. Acts 1984, ch. 864, § 13.
Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. Each association, under its bylaws, may provide for any or all of the following matters:
(1) The number of stockholders or members constituting a quorum;
(2) The right of members or stockholders to vote by proxy or by mail or both; and the conditions, manner, form, and effects of such votes;
(3) The number of directors constituting a quorum;
(4) The qualifications, compensation and duties and term of office of directors and officers; time of their election and the mode and manner of giving notice thereof;
(5) Penalties for violations of the bylaws;
(6) The amount of entrance, organization, and membership fees, if any; the manner and method of collection of the same; and the purposes for which they may be used;
(7) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association to the member or stockholder and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign; and
(8) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members and of the shares of common stock; the conditions upon which and the time when membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; and the mode, manner, and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member or forfeiture of membership, or, at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property interests in the association and shall fix the amount thereof in money, which shall be paid to the member within one (1) year after such expulsion or withdrawal.
Acts 1984, ch. 864, § 13.
Tenn. Code Ann. § 59-8-101 — TN Code / Title 59 / Chapter 8 / Section 59-8-101
Short title - Legislative findings and declarations - Purpose
Status: in_force

(a) This part shall be known and may be cited as the "Primacy and Reclamation Act of Tennessee." (b) The general assembly finds and declares that: (1) Coal is an integral component of the nation's energy requirements and that there is a need to strike a balance between protection of the environment, agricultural productivity, and economic development and the nation's need for coal as a source of energy; (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) 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. (c) It is the purpose of this part to: (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) 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) 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) Assure that surface coal mining operations are not conducted where reclamation as required by this part is not feasible; (5) Assure that surface coal mining operations are conducted in a manner protective of the environment; (6) Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations; (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) 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) 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. Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021. Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
(a) This part shall be known and may be cited as the "Primacy and Reclamation Act of Tennessee."
(b) The general assembly finds and declares that: (1) Coal is an integral component of the nation's energy requirements and that there is a need to strike a balance between protection of the environment, agricultural productivity, and economic development and the nation's need for coal as a source of energy; (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) 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.
(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) 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) 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.
(c) It is the purpose of this part to: (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) 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) 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) Assure that surface coal mining operations are not conducted where reclamation as required by this part is not feasible; (5) Assure that surface coal mining operations are conducted in a manner protective of the environment; (6) Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations; (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) 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) 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.
(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) 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) 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) Assure that surface coal mining operations are not conducted where reclamation as required by this part is not feasible;
(5) Assure that surface coal mining operations are conducted in a manner protective of the environment;
(6) Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;
(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) 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) 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.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-10-101 — TN Code / Title 59 / Chapter 10 / Section 59-10-101
Interstate Mining Compact
Status: in_force

The Interstate Mining Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I. Finding and Purposes (a) The party states find that: (1) Mining and the contributions thereof to the economy and well-being of every state are of basic significance; (2) The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public; (3) Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly, and the devising of means to deal with them are of both public and private concern; (4) Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land or the development of mineral and other natural resources, but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated; and (5) The states are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions. (b) The purposes of this compact are to: (1) Advance the protection and restoration of land, water and other resources affected by mining; (2) Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining; (3) Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated; (4) Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources; and (5) Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining. ARTICLE II. Definitions As used in this compact, the term: (1) "Mining" means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter, any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location, and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but does not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on-site farming or construction; and (2) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. ARTICLE III. State Programs Each party state agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish: (1) The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations; (2) The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water; (3) The institution and maintenance of suitable programs for adaptation, restoration, and rehabilitation of mined lands; and (4) The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future. ARTICLE IV. Powers In addition to any other powers conferred upon the interstate mining commission, established by Article V of this compact, such commission shall have power to: (1) Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change; (2) Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining; (3) Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this compact; (4) Gather and disseminate information relating to any of the matters within the purview of this compact; (5) Cooperate with the federal government and any public or private entities having interests in any subject coming within the purview of this compact; (6) Consult, upon the request of a party state and within resources available therefor, with the officials of such state in respect to any problem within the purview of this compact; (7) Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations; and (8) Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites. ARTICLE V. The Commission (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. (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. (c) The commission shall have a seal. (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. (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. (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. (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. (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. (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. (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. ARTICLE VI. Advisory, Technical, and Regional Committees The commission shall establish such advisory, technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party states, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mined land, or any other matters of concern to the commission. ARTICLE VII. Finance (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. (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 (1/2) 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. (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. (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. (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. (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. ARTICLE VIII. Entry Into Force and Withdrawal (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. (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. ARTICLE IX. Nothing in this compact shall be construed to limit, repeal or supersede any other law of any party state. ARTICLE X. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. Acts 1973, ch. 109, § 1; T.C.A. (orig. ed.), § 58-1801.
The Interstate Mining Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
ARTICLE I. Finding and Purposes (a) The party states find that: (1) Mining and the contributions thereof to the economy and well-being of every state are of basic significance; (2) The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public; (3) Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly, and the devising of means to deal with them are of both public and private concern; (4) Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land or the development of mineral and other natural resources, but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated; and (5) The states are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions. (b) The purposes of this compact are to: (1) Advance the protection and restoration of land, water and other resources affected by mining; (2) Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining; (3) Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated; (4) Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources; and (5) Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.
(a) The party states find that: (1) Mining and the contributions thereof to the economy and well-being of every state are of basic significance; (2) The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public; (3) Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly, and the devising of means to deal with them are of both public and private concern; (4) Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land or the development of mineral and other natural resources, but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated; and (5) The states are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions.
(1) Mining and the contributions thereof to the economy and well-being of every state are of basic significance;
(2) The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public;
(3) Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly, and the devising of means to deal with them are of both public and private concern;
(4) Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land or the development of mineral and other natural resources, but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated; and
(5) The states are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions.
(b) The purposes of this compact are to: (1) Advance the protection and restoration of land, water and other resources affected by mining; (2) Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining; (3) Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated; (4) Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources; and (5) Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.
(1) Advance the protection and restoration of land, water and other resources affected by mining;
(2) Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining;
(3) Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated;
(4) Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources; and
(5) Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.
ARTICLE II. Definitions As used in this compact, the term: (1) "Mining" means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter, any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location, and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but does not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on-site farming or construction; and (2) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
As used in this compact, the term:
(1) "Mining" means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter, any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location, and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but does not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on-site farming or construction; and
(2) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
ARTICLE III. State Programs Each party state agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish: (1) The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations; (2) The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water; (3) The institution and maintenance of suitable programs for adaptation, restoration, and rehabilitation of mined lands; and (4) The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future.
Each party state agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish:
(1) The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations;
(2) The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water;
(3) The institution and maintenance of suitable programs for adaptation, restoration, and rehabilitation of mined lands; and
(4) The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future.
ARTICLE IV. Powers In addition to any other powers conferred upon the interstate mining commission, established by Article V of this compact, such commission shall have power to: (1) Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change; (2) Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining; (3) Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this compact; (4) Gather and disseminate information relating to any of the matters within the purview of this compact; (5) Cooperate with the federal government and any public or private entities having interests in any subject coming within the purview of this compact; (6) Consult, upon the request of a party state and within resources available therefor, with the officials of such state in respect to any problem within the purview of this compact; (7) Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations; and (8) Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites.
In addition to any other powers conferred upon the interstate mining commission, established by Article V of this compact, such commission shall have power to:
(1) Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change;
(2) Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining;
(3) Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this compact;
(4) Gather and disseminate information relating to any of the matters within the purview of this compact;
(5) Cooperate with the federal government and any public or private entities having interests in any subject coming within the purview of this compact;
(6) Consult, upon the request of a party state and within resources available therefor, with the officials of such state in respect to any problem within the purview of this compact;
(7) Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations; and
(8) Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites.
ARTICLE V. The Commission (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. (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. (c) The commission shall have a seal. (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. (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. (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. (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. (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. (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. (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.
(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.
(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.
(c) The commission shall have a seal.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
ARTICLE VI. Advisory, Technical, and Regional Committees The commission shall establish such advisory, technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party states, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mined land, or any other matters of concern to the commission.
The commission shall establish such advisory, technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party states, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mined land, or any other matters of concern to the commission.
ARTICLE VII. Finance (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. (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 (1/2) 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. (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. (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. (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. (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.
(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.
(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 (1/2) 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.
(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.
(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.
(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.
(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.
ARTICLE VIII. Entry Into Force and Withdrawal (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. (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.
(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.
(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.
ARTICLE IX. Nothing in this compact shall be construed to limit, repeal or supersede any other law of any party state.
Nothing in this compact shall be construed to limit, repeal or supersede any other law of any party state.
ARTICLE X. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
Acts 1973, ch. 109, § 1; T.C.A. (orig. ed.), § 58-1801.
Tenn. Code Ann. § 59-8-206 — TN Code / Title 59 / Chapter 8 / Section 59-8-206
Fees
Status: in_force

The permit shall consist of a basic fee of two hundred fifty dollars ($250) for each year of the permit, plus an additional acreage fee of twenty-five dollars ($25.00) for each acre or fraction thereof of the land affected by the operation, not to exceed two thousand five hundred dollars ($2,500) for such acreage fee, but in subsequent years no acreage fee will be charged for any acre on which the acreage fee has already been paid in the preceding years. No permit fee shall be charged for land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area. The supplemental basic fee for an amendment of a permit shall be fifty dollars ($50.00), and to the extent the amendment entails an increase or decrease in the acreage covered by the permit, the total acreage fee paid for the year shall be correspondingly increased or decreased by the amount per acre or fraction thereof specified hereinabove. Acts 1972, ch. 547, § 6; 1974, ch. 590, § 11; T.C.A., § 58-1545; Acts 1980, ch. 908, § 41; 1990, ch. 890, § 3.
The permit shall consist of a basic fee of two hundred fifty dollars ($250) for each year of the permit, plus an additional acreage fee of twenty-five dollars ($25.00) for each acre or fraction thereof of the land affected by the operation, not to exceed two thousand five hundred dollars ($2,500) for such acreage fee, but in subsequent years no acreage fee will be charged for any acre on which the acreage fee has already been paid in the preceding years. No permit fee shall be charged for land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area. The supplemental basic fee for an amendment of a permit shall be fifty dollars ($50.00), and to the extent the amendment entails an increase or decrease in the acreage covered by the permit, the total acreage fee paid for the year shall be correspondingly increased or decreased by the amount per acre or fraction thereof specified hereinabove.
Acts 1972, ch. 547, § 6; 1974, ch. 590, § 11; T.C.A., § 58-1545; Acts 1980, ch. 908, § 41; 1990, ch. 890, § 3.