Tenn. Code Ann. § 59-13-132 — TN Code / Title 59 / Chapter 13 / Section 59-13-132
Breach of contract - Payment of damages and costs - Injunctions
Status: in_force

(a) The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the members or stockholders to the association upon the breach by such members or stockholders of any provision of the marketing contract regarding the sale or delivery or withholding of products; and may further provide that such members or stockholders will pay all costs, premiums for bonds, expenses, and fees, in case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable in the courts of this state; and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties. (b) In the event of any such breach or threatened breach of such marketing contract by a member or stockholder, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member or stockholder. Acts 1984, ch. 864, § 32.
(a) The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the members or stockholders to the association upon the breach by such members or stockholders of any provision of the marketing contract regarding the sale or delivery or withholding of products; and may further provide that such members or stockholders will pay all costs, premiums for bonds, expenses, and fees, in case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable in the courts of this state; and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.
(b) In the event of any such breach or threatened breach of such marketing contract by a member or stockholder, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member or stockholder.
Acts 1984, ch. 864, § 32.
Tenn. Code Ann. § 59-8-106 — TN Code / Title 59 / Chapter 8 / Section 59-8-106
Permits for engaging in surface coal mining operations
Status: in_force

(a) (1) No person shall engage in surface coal mining operations without having first obtained a permit from the commissioner. All permits issued under this part must be issued for a term not to exceed five (5) years; however, if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation, and if the application is full and complete for the specified longer term, the commissioner may issue a permit for the longer term. (2) A successor in interest to a permittee who submits a complete application for a new permit within thirty (30) days of succeeding to the interest, and who is able to obtain the bond coverage of the original permittee may, with the written approval of the commissioner, continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the successor's application for a new permit and plan is granted or denied; provided, that operations under the original permit must not exceed the termination date of the original permit. (b) The issuance of permits shall be subject to payment of any required fee, posting the performance bond required by this part, and submission to the department of an application, in a manner satisfactory to the commissioner, containing any information that is necessary to assure compliance with this part as prescribed in the rules promulgated by the commissioner, including but not limited to, the following: (1) The names and addresses of: (A) The permit applicant; (B) Every legal owner of record of the property, both surface and mineral, to be mined; (C) The holders of record of any leasehold interest in the property; (D) Any purchaser of record of the property under a real estate contract; (E) The operator, if the operator is a person different from the applicant; and (F) If any person identified in subdivisions (b)(1)(A)-(E) is a business entity other than a single proprietor, the names and addresses of the principals, officers, and resident agent of the business entity; (2) The names and addresses of the owners of record of all surface and subsurface areas adjacent to any part of the permit area; (3) A statement of any current or previous surface coal mining permits in the United States held by the applicant and the permit identification and each pending application; (4) If the applicant is a partnership, corporation, association, or other business entity, the following where applicable: (A) The names and addresses of every officer, partner, director, or person performing a function similar to a director, of the applicant; (B) The name and address of any person owning, of record ten percent (10%) or more of any class of voting stock of the applicant; and (C) A list of all names under which the applicant, partner, or principal shareholder previously operated a surface mining operation within the United States within the five-year period immediately preceding the date of submission of the application; (5) A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant, has ever held a federal or state mining permit which in the five-year period immediately prior to the date of submission of the application has been suspended or revoked or has had a mining bond or similar security deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved; (6) A copy of the applicant's advertisement to be published in a newspaper of general circulation in the locality of the proposed site at least once a week for four (4) successive weeks, and which includes the ownership, a description of the exact location and boundaries of the proposed site sufficient so that the proposed operation is readily locatable by local residents, and the location of where the application is available for public inspection as provided in § 59-8-112(a) ; (7) A description of the type and method of coal mining operation that exists or is proposed, the engineering techniques proposed or used, and the equipment used or proposed to be used; (8) The anticipated or actual starting and termination dates of each phase of the mining operation and number of acres of land to be affected; (9) The area of land within the permit area upon which the applicant has the legal right to enter and commence surface mining operations identified on an accurate map or plan, to an appropriate scale, clearly showing the land to be affected as of the date of the application and a statement of those documents upon which the applicant bases the applicant's legal right to enter and commence surface mining operations on the area affected, and whether that right is the subject of pending court litigation; provided, however, that nothing in this part vests in the commissioner the jurisdiction to adjudicate property title disputes; (10) The name of the watershed and location of the surface stream or tributary into which surface and pit drainage will be discharged; (11) A determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and groundwater systems including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the commissioner of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability; provided, however, no determination shall be required until the time hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency. No permit shall be issued until the information required by this subdivision (b)(11) is available and is incorporated into the application; (12) When requested by the commissioner, the climatological factors that are peculiar to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges; (13) Accurate maps to an appropriate scale clearly showing: (A) The land to be affected as of the date of application; and (B) All types of information set forth on topographical maps of the United States Geological Survey of a scale of 1:24,000 or 1:25,000 or larger, including all manmade features and significant known archeological sites existing on the date of application. Such a map or plan must, among other things specified by the commissioner, show all boundaries of the land to be affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and the location of all buildings within one thousand feet (1,000') of the permit area; (14) Cross-section maps or plans of the land to be affected including the actual area to be mined, prepared by or under the direction of and certified by a qualified registered professional engineer, or professional geologist with assistance from experts in related fields such as land surveying and landscape architecture, showing pertinent elevations and locations of test borings or core samplings and depicting the following information: (A) The nature and depth of the various strata of overburden; (B) The location of subsurface water, if encountered, and its quality; (C) The nature and thickness of any coal or rider seam above the coal seam to be mined; (D) The nature of the stratum immediately beneath the coal seam to be mined; (E) All mineral crop lines and the strike and dip of the coal to be mined, within the area of land to be affected; (F) Existing or previous surface mining limits; (G) The location and extent of known workings of any underground mines, including mine openings to the surface; (H) The location of aquifers; (I) The estimated elevation of the water table; (J) The location of spoil, waste, or refuse areas and top-soil preservation areas; (K) The location of all impoundments for waste or erosion control; (L) Any settling or water treatment facility; (M) Any constructed or natural drainways and the location of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and (N) Profiles at appropriate cross-sections of the anticipated final surface configuration that will be achieved pursuant to the operator's proposed reclamation plan; (15) (A) A statement of the result of test borings or core samplings from the permit area, including: (i) Logs of the drill holes; (ii) The thickness of the coal seam found and, an analysis of the chemical properties of such coal; (iii) The sulfur content of any coal seam; (iv) Chemical analysis of potentially acid or toxic forming sections of the overburden; and (v) Chemical analysis of the stratum lying immediately underneath the coal to be mined; (B) The provisions of this subdivision (b)(15) may be waived by the commissioner with respect to the specific application by a written determination that such requirements are unnecessary; and (16) For those lands in the permit application that a reconnaissance inspection suggests may be prime farmlands, a soil survey shall be made or obtained according to standards established by the United States secretary of agriculture in order to confirm the exact location of such prime farmlands, if any. (c) Information pertaining to coal seams, test borings, core samplings, or soil samples required by this section shall be made available to any person with an interest that is or may be adversely affected; however, information that pertains only to the analysis of the chemical and physical properties of the coal, except that information regarding any mineral or elemental content, which is potentially toxic in the environment, shall be kept confidential and not made a matter of public record under title 10, chapter 7. (d) Each applicant for a surface coal mining and reclamation operation permit shall submit a reclamation plan that meets the requirements of this part, to the commissioner as part of the permit application. (e) Each applicant for a surface coal mining and reclamation permit shall submit, as part of the permit application, a blasting plan that outlines the procedures and standards by which the applicant will meet the requirements of § 59-8-110(b)(15) . (f) Each applicant for a surface coal mining permit shall submit, as part of the permit application, a certificate issued by an insurance company authorized to do business in this state, certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operation for which the permit is sought, or evidence that the applicant is self-insured. The public liability insurance policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations, including the use of explosives, and entitled to compensation under the applicable provisions of law. The policy shall be maintained in full force and effect during the terms of the permit or any renewal period, including the length of all reclamation operations. (g) In any case when the private mineral estate has been severed from the private surface estate, the applicant for a permit shall submit one (1) of the following to the commissioner: (1) The written consent of the surface owner to the extraction of coal by surface mining methods; (2) A copy of a conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or (3) If the conveyance does not expressly grant the right to extract coal by surface mining methods, documentation that the applicant has the legal authority to extract the coal by surface mining methods. The surface-subsurface legal relationship shall be determined in accordance with the laws of this state. Nothing in this part authorizes the commissioner to adjudicate property rights disputes. (h) The applicant for a permit shall submit a schedule listing any and all notices of violations of this part, the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.), or any law, rule, or regulation of the United States, or of any department or agency in the United States pertaining to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period immediately prior to the date of application. The schedule must also indicate the final resolution of any such notice of violation. (i) (1) If the commissioner finds that the probable total annual production at all locations of an operator will not exceed three hundred thousand (300,000) tons, the cost of the following activities, which shall be performed by a qualified public or private laboratory or such other public or private qualified entity designated by the commissioner, shall be assumed by the commissioner, subject to the availability of federal or other special funds specified for that purpose, upon the written request of the operator in connection with a permit application: (A) The determination of probable hydrologic consequences required by subdivision (b)(11), including the engineering analyses and designs necessary for the determination; (B) The development of cross-section maps and plans required by subdivision (b)(14); (C) The geologic drilling and statement of results of test borings and core samplings required by subdivision (b)(15); (D) The collection of archaeological information required by subdivision (b)(13) and any other archaeological and historical information required by the commissioner, and the preparation of plans necessitated thereby; (E) Pre-blast surveys required by § 59-8-110(b)(15) ; and (F) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values as required by the commissioner under this part. (2) An operator that has received assistance pursuant to subdivision (i)(1) shall reimburse the department for the cost of the services rendered if the commissioner finds that the operator's actual and attributed annual production of coal for all locations exceeds three hundred thousand (300,000) tons during the twelve (12) months immediately following the date on which the operator is issued the surface coal mining and reclamation permit. (j) The commissioner shall promulgate rules implementing exemption from this part for the following activities: (1) Extraction of coal as an incidental part of federal, state, or local government financed highway or other construction; and (2) Extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner. 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) (1) No person shall engage in surface coal mining operations without having first obtained a permit from the commissioner. All permits issued under this part must be issued for a term not to exceed five (5) years; however, if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation, and if the application is full and complete for the specified longer term, the commissioner may issue a permit for the longer term. (2) A successor in interest to a permittee who submits a complete application for a new permit within thirty (30) days of succeeding to the interest, and who is able to obtain the bond coverage of the original permittee may, with the written approval of the commissioner, continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the successor's application for a new permit and plan is granted or denied; provided, that operations under the original permit must not exceed the termination date of the original permit.
(1) No person shall engage in surface coal mining operations without having first obtained a permit from the commissioner. All permits issued under this part must be issued for a term not to exceed five (5) years; however, if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation, and if the application is full and complete for the specified longer term, the commissioner may issue a permit for the longer term.
(2) A successor in interest to a permittee who submits a complete application for a new permit within thirty (30) days of succeeding to the interest, and who is able to obtain the bond coverage of the original permittee may, with the written approval of the commissioner, continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the successor's application for a new permit and plan is granted or denied; provided, that operations under the original permit must not exceed the termination date of the original permit.
(b) The issuance of permits shall be subject to payment of any required fee, posting the performance bond required by this part, and submission to the department of an application, in a manner satisfactory to the commissioner, containing any information that is necessary to assure compliance with this part as prescribed in the rules promulgated by the commissioner, including but not limited to, the following: (1) The names and addresses of: (A) The permit applicant; (B) Every legal owner of record of the property, both surface and mineral, to be mined; (C) The holders of record of any leasehold interest in the property; (D) Any purchaser of record of the property under a real estate contract; (E) The operator, if the operator is a person different from the applicant; and (F) If any person identified in subdivisions (b)(1)(A)-(E) is a business entity other than a single proprietor, the names and addresses of the principals, officers, and resident agent of the business entity; (2) The names and addresses of the owners of record of all surface and subsurface areas adjacent to any part of the permit area; (3) A statement of any current or previous surface coal mining permits in the United States held by the applicant and the permit identification and each pending application; (4) If the applicant is a partnership, corporation, association, or other business entity, the following where applicable: (A) The names and addresses of every officer, partner, director, or person performing a function similar to a director, of the applicant; (B) The name and address of any person owning, of record ten percent (10%) or more of any class of voting stock of the applicant; and (C) A list of all names under which the applicant, partner, or principal shareholder previously operated a surface mining operation within the United States within the five-year period immediately preceding the date of submission of the application; (5) A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant, has ever held a federal or state mining permit which in the five-year period immediately prior to the date of submission of the application has been suspended or revoked or has had a mining bond or similar security deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved; (6) A copy of the applicant's advertisement to be published in a newspaper of general circulation in the locality of the proposed site at least once a week for four (4) successive weeks, and which includes the ownership, a description of the exact location and boundaries of the proposed site sufficient so that the proposed operation is readily locatable by local residents, and the location of where the application is available for public inspection as provided in § 59-8-112(a) ; (7) A description of the type and method of coal mining operation that exists or is proposed, the engineering techniques proposed or used, and the equipment used or proposed to be used; (8) The anticipated or actual starting and termination dates of each phase of the mining operation and number of acres of land to be affected; (9) The area of land within the permit area upon which the applicant has the legal right to enter and commence surface mining operations identified on an accurate map or plan, to an appropriate scale, clearly showing the land to be affected as of the date of the application and a statement of those documents upon which the applicant bases the applicant's legal right to enter and commence surface mining operations on the area affected, and whether that right is the subject of pending court litigation; provided, however, that nothing in this part vests in the commissioner the jurisdiction to adjudicate property title disputes; (10) The name of the watershed and location of the surface stream or tributary into which surface and pit drainage will be discharged; (11) A determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and groundwater systems including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the commissioner of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability; provided, however, no determination shall be required until the time hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency. No permit shall be issued until the information required by this subdivision (b)(11) is available and is incorporated into the application; (12) When requested by the commissioner, the climatological factors that are peculiar to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges; (13) Accurate maps to an appropriate scale clearly showing: (A) The land to be affected as of the date of application; and (B) All types of information set forth on topographical maps of the United States Geological Survey of a scale of 1:24,000 or 1:25,000 or larger, including all manmade features and significant known archeological sites existing on the date of application. Such a map or plan must, among other things specified by the commissioner, show all boundaries of the land to be affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and the location of all buildings within one thousand feet (1,000') of the permit area; (14) Cross-section maps or plans of the land to be affected including the actual area to be mined, prepared by or under the direction of and certified by a qualified registered professional engineer, or professional geologist with assistance from experts in related fields such as land surveying and landscape architecture, showing pertinent elevations and locations of test borings or core samplings and depicting the following information: (A) The nature and depth of the various strata of overburden; (B) The location of subsurface water, if encountered, and its quality; (C) The nature and thickness of any coal or rider seam above the coal seam to be mined; (D) The nature of the stratum immediately beneath the coal seam to be mined; (E) All mineral crop lines and the strike and dip of the coal to be mined, within the area of land to be affected; (F) Existing or previous surface mining limits; (G) The location and extent of known workings of any underground mines, including mine openings to the surface; (H) The location of aquifers; (I) The estimated elevation of the water table; (J) The location of spoil, waste, or refuse areas and top-soil preservation areas; (K) The location of all impoundments for waste or erosion control; (L) Any settling or water treatment facility; (M) Any constructed or natural drainways and the location of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and (N) Profiles at appropriate cross-sections of the anticipated final surface configuration that will be achieved pursuant to the operator's proposed reclamation plan; (15) (A) A statement of the result of test borings or core samplings from the permit area, including: (i) Logs of the drill holes; (ii) The thickness of the coal seam found and, an analysis of the chemical properties of such coal; (iii) The sulfur content of any coal seam; (iv) Chemical analysis of potentially acid or toxic forming sections of the overburden; and (v) Chemical analysis of the stratum lying immediately underneath the coal to be mined; (B) The provisions of this subdivision (b)(15) may be waived by the commissioner with respect to the specific application by a written determination that such requirements are unnecessary; and (16) For those lands in the permit application that a reconnaissance inspection suggests may be prime farmlands, a soil survey shall be made or obtained according to standards established by the United States secretary of agriculture in order to confirm the exact location of such prime farmlands, if any.
(1) The names and addresses of: (A) The permit applicant; (B) Every legal owner of record of the property, both surface and mineral, to be mined; (C) The holders of record of any leasehold interest in the property; (D) Any purchaser of record of the property under a real estate contract; (E) The operator, if the operator is a person different from the applicant; and (F) If any person identified in subdivisions (b)(1)(A)-(E) is a business entity other than a single proprietor, the names and addresses of the principals, officers, and resident agent of the business entity;
(A) The permit applicant;
(B) Every legal owner of record of the property, both surface and mineral, to be mined;
(C) The holders of record of any leasehold interest in the property;
(D) Any purchaser of record of the property under a real estate contract;
(E) The operator, if the operator is a person different from the applicant; and
(F) If any person identified in subdivisions (b)(1)(A)-(E) is a business entity other than a single proprietor, the names and addresses of the principals, officers, and resident agent of the business entity;
(2) The names and addresses of the owners of record of all surface and subsurface areas adjacent to any part of the permit area;
(3) A statement of any current or previous surface coal mining permits in the United States held by the applicant and the permit identification and each pending application;
(4) If the applicant is a partnership, corporation, association, or other business entity, the following where applicable: (A) The names and addresses of every officer, partner, director, or person performing a function similar to a director, of the applicant; (B) The name and address of any person owning, of record ten percent (10%) or more of any class of voting stock of the applicant; and (C) A list of all names under which the applicant, partner, or principal shareholder previously operated a surface mining operation within the United States within the five-year period immediately preceding the date of submission of the application;
(A) The names and addresses of every officer, partner, director, or person performing a function similar to a director, of the applicant;
(B) The name and address of any person owning, of record ten percent (10%) or more of any class of voting stock of the applicant; and
(C) A list of all names under which the applicant, partner, or principal shareholder previously operated a surface mining operation within the United States within the five-year period immediately preceding the date of submission of the application;
(5) A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant, has ever held a federal or state mining permit which in the five-year period immediately prior to the date of submission of the application has been suspended or revoked or has had a mining bond or similar security deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved;
(6) A copy of the applicant's advertisement to be published in a newspaper of general circulation in the locality of the proposed site at least once a week for four (4) successive weeks, and which includes the ownership, a description of the exact location and boundaries of the proposed site sufficient so that the proposed operation is readily locatable by local residents, and the location of where the application is available for public inspection as provided in § 59-8-112(a) ;
(7) A description of the type and method of coal mining operation that exists or is proposed, the engineering techniques proposed or used, and the equipment used or proposed to be used;
(8) The anticipated or actual starting and termination dates of each phase of the mining operation and number of acres of land to be affected;
(9) The area of land within the permit area upon which the applicant has the legal right to enter and commence surface mining operations identified on an accurate map or plan, to an appropriate scale, clearly showing the land to be affected as of the date of the application and a statement of those documents upon which the applicant bases the applicant's legal right to enter and commence surface mining operations on the area affected, and whether that right is the subject of pending court litigation; provided, however, that nothing in this part vests in the commissioner the jurisdiction to adjudicate property title disputes;
(10) The name of the watershed and location of the surface stream or tributary into which surface and pit drainage will be discharged;
(11) A determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and groundwater systems including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the commissioner of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability; provided, however, no determination shall be required until the time hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency. No permit shall be issued until the information required by this subdivision (b)(11) is available and is incorporated into the application;
(12) When requested by the commissioner, the climatological factors that are peculiar to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges;
(13) Accurate maps to an appropriate scale clearly showing: (A) The land to be affected as of the date of application; and (B) All types of information set forth on topographical maps of the United States Geological Survey of a scale of 1:24,000 or 1:25,000 or larger, including all manmade features and significant known archeological sites existing on the date of application. Such a map or plan must, among other things specified by the commissioner, show all boundaries of the land to be affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and the location of all buildings within one thousand feet (1,000') of the permit area;
(A) The land to be affected as of the date of application; and
(B) All types of information set forth on topographical maps of the United States Geological Survey of a scale of 1:24,000 or 1:25,000 or larger, including all manmade features and significant known archeological sites existing on the date of application. Such a map or plan must, among other things specified by the commissioner, show all boundaries of the land to be affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and the location of all buildings within one thousand feet (1,000') of the permit area;
(14) Cross-section maps or plans of the land to be affected including the actual area to be mined, prepared by or under the direction of and certified by a qualified registered professional engineer, or professional geologist with assistance from experts in related fields such as land surveying and landscape architecture, showing pertinent elevations and locations of test borings or core samplings and depicting the following information: (A) The nature and depth of the various strata of overburden; (B) The location of subsurface water, if encountered, and its quality; (C) The nature and thickness of any coal or rider seam above the coal seam to be mined; (D) The nature of the stratum immediately beneath the coal seam to be mined; (E) All mineral crop lines and the strike and dip of the coal to be mined, within the area of land to be affected; (F) Existing or previous surface mining limits; (G) The location and extent of known workings of any underground mines, including mine openings to the surface; (H) The location of aquifers; (I) The estimated elevation of the water table; (J) The location of spoil, waste, or refuse areas and top-soil preservation areas; (K) The location of all impoundments for waste or erosion control; (L) Any settling or water treatment facility; (M) Any constructed or natural drainways and the location of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and (N) Profiles at appropriate cross-sections of the anticipated final surface configuration that will be achieved pursuant to the operator's proposed reclamation plan;
(A) The nature and depth of the various strata of overburden;
(B) The location of subsurface water, if encountered, and its quality;
(C) The nature and thickness of any coal or rider seam above the coal seam to be mined;
(D) The nature of the stratum immediately beneath the coal seam to be mined;
(E) All mineral crop lines and the strike and dip of the coal to be mined, within the area of land to be affected;
(F) Existing or previous surface mining limits;
(G) The location and extent of known workings of any underground mines, including mine openings to the surface;
(H) The location of aquifers;
(I) The estimated elevation of the water table;
(J) The location of spoil, waste, or refuse areas and top-soil preservation areas;
(K) The location of all impoundments for waste or erosion control;
(L) Any settling or water treatment facility;
(M) Any constructed or natural drainways and the location of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and
(N) Profiles at appropriate cross-sections of the anticipated final surface configuration that will be achieved pursuant to the operator's proposed reclamation plan;
(15) (A) A statement of the result of test borings or core samplings from the permit area, including: (i) Logs of the drill holes; (ii) The thickness of the coal seam found and, an analysis of the chemical properties of such coal; (iii) The sulfur content of any coal seam; (iv) Chemical analysis of potentially acid or toxic forming sections of the overburden; and (v) Chemical analysis of the stratum lying immediately underneath the coal to be mined; (B) The provisions of this subdivision (b)(15) may be waived by the commissioner with respect to the specific application by a written determination that such requirements are unnecessary; and
(A) A statement of the result of test borings or core samplings from the permit area, including: (i) Logs of the drill holes; (ii) The thickness of the coal seam found and, an analysis of the chemical properties of such coal; (iii) The sulfur content of any coal seam; (iv) Chemical analysis of potentially acid or toxic forming sections of the overburden; and (v) Chemical analysis of the stratum lying immediately underneath the coal to be mined;
(i) Logs of the drill holes;
(ii) The thickness of the coal seam found and, an analysis of the chemical properties of such coal;
(iii) The sulfur content of any coal seam;
(iv) Chemical analysis of potentially acid or toxic forming sections of the overburden; and
(v) Chemical analysis of the stratum lying immediately underneath the coal to be mined;
(B) The provisions of this subdivision (b)(15) may be waived by the commissioner with respect to the specific application by a written determination that such requirements are unnecessary; and
(16) For those lands in the permit application that a reconnaissance inspection suggests may be prime farmlands, a soil survey shall be made or obtained according to standards established by the United States secretary of agriculture in order to confirm the exact location of such prime farmlands, if any.
(c) Information pertaining to coal seams, test borings, core samplings, or soil samples required by this section shall be made available to any person with an interest that is or may be adversely affected; however, information that pertains only to the analysis of the chemical and physical properties of the coal, except that information regarding any mineral or elemental content, which is potentially toxic in the environment, shall be kept confidential and not made a matter of public record under title 10, chapter 7.
(d) Each applicant for a surface coal mining and reclamation operation permit shall submit a reclamation plan that meets the requirements of this part, to the commissioner as part of the permit application.
(e) Each applicant for a surface coal mining and reclamation permit shall submit, as part of the permit application, a blasting plan that outlines the procedures and standards by which the applicant will meet the requirements of § 59-8-110(b)(15) .
(f) Each applicant for a surface coal mining permit shall submit, as part of the permit application, a certificate issued by an insurance company authorized to do business in this state, certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operation for which the permit is sought, or evidence that the applicant is self-insured. The public liability insurance policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations, including the use of explosives, and entitled to compensation under the applicable provisions of law. The policy shall be maintained in full force and effect during the terms of the permit or any renewal period, including the length of all reclamation operations.
(g) In any case when the private mineral estate has been severed from the private surface estate, the applicant for a permit shall submit one (1) of the following to the commissioner: (1) The written consent of the surface owner to the extraction of coal by surface mining methods; (2) A copy of a conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or (3) If the conveyance does not expressly grant the right to extract coal by surface mining methods, documentation that the applicant has the legal authority to extract the coal by surface mining methods. The surface-subsurface legal relationship shall be determined in accordance with the laws of this state. Nothing in this part authorizes the commissioner to adjudicate property rights disputes.
(1) The written consent of the surface owner to the extraction of coal by surface mining methods;
(2) A copy of a conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or
(3) If the conveyance does not expressly grant the right to extract coal by surface mining methods, documentation that the applicant has the legal authority to extract the coal by surface mining methods. The surface-subsurface legal relationship shall be determined in accordance with the laws of this state. Nothing in this part authorizes the commissioner to adjudicate property rights disputes.
(h) The applicant for a permit shall submit a schedule listing any and all notices of violations of this part, the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.), or any law, rule, or regulation of the United States, or of any department or agency in the United States pertaining to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period immediately prior to the date of application. The schedule must also indicate the final resolution of any such notice of violation.
(i) (1) If the commissioner finds that the probable total annual production at all locations of an operator will not exceed three hundred thousand (300,000) tons, the cost of the following activities, which shall be performed by a qualified public or private laboratory or such other public or private qualified entity designated by the commissioner, shall be assumed by the commissioner, subject to the availability of federal or other special funds specified for that purpose, upon the written request of the operator in connection with a permit application: (A) The determination of probable hydrologic consequences required by subdivision (b)(11), including the engineering analyses and designs necessary for the determination; (B) The development of cross-section maps and plans required by subdivision (b)(14); (C) The geologic drilling and statement of results of test borings and core samplings required by subdivision (b)(15); (D) The collection of archaeological information required by subdivision (b)(13) and any other archaeological and historical information required by the commissioner, and the preparation of plans necessitated thereby; (E) Pre-blast surveys required by § 59-8-110(b)(15) ; and (F) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values as required by the commissioner under this part. (2) An operator that has received assistance pursuant to subdivision (i)(1) shall reimburse the department for the cost of the services rendered if the commissioner finds that the operator's actual and attributed annual production of coal for all locations exceeds three hundred thousand (300,000) tons during the twelve (12) months immediately following the date on which the operator is issued the surface coal mining and reclamation permit.
(1) If the commissioner finds that the probable total annual production at all locations of an operator will not exceed three hundred thousand (300,000) tons, the cost of the following activities, which shall be performed by a qualified public or private laboratory or such other public or private qualified entity designated by the commissioner, shall be assumed by the commissioner, subject to the availability of federal or other special funds specified for that purpose, upon the written request of the operator in connection with a permit application: (A) The determination of probable hydrologic consequences required by subdivision (b)(11), including the engineering analyses and designs necessary for the determination; (B) The development of cross-section maps and plans required by subdivision (b)(14); (C) The geologic drilling and statement of results of test borings and core samplings required by subdivision (b)(15); (D) The collection of archaeological information required by subdivision (b)(13) and any other archaeological and historical information required by the commissioner, and the preparation of plans necessitated thereby; (E) Pre-blast surveys required by § 59-8-110(b)(15) ; and (F) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values as required by the commissioner under this part.
(A) The determination of probable hydrologic consequences required by subdivision (b)(11), including the engineering analyses and designs necessary for the determination;
(B) The development of cross-section maps and plans required by subdivision (b)(14);
(C) The geologic drilling and statement of results of test borings and core samplings required by subdivision (b)(15);
(D) The collection of archaeological information required by subdivision (b)(13) and any other archaeological and historical information required by the commissioner, and the preparation of plans necessitated thereby;
(E) Pre-blast surveys required by § 59-8-110(b)(15) ; and
(F) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values as required by the commissioner under this part.
(2) An operator that has received assistance pursuant to subdivision (i)(1) shall reimburse the department for the cost of the services rendered if the commissioner finds that the operator's actual and attributed annual production of coal for all locations exceeds three hundred thousand (300,000) tons during the twelve (12) months immediately following the date on which the operator is issued the surface coal mining and reclamation permit.
(j) The commissioner shall promulgate rules implementing exemption from this part for the following activities: (1) Extraction of coal as an incidental part of federal, state, or local government financed highway or other construction; and (2) Extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner.
(1) Extraction of coal as an incidental part of federal, state, or local government financed highway or other construction; and
(2) Extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner.
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. § 59-8-309 — TN Code / Title 59 / Chapter 8 / Section 59-8-309
Rules and regulations
Status: in_force

All rules and regulations promulgated and now in force for the abandoned mine land reclamation program, published by the secretary of state as Tenn. Comp. R. & Regs. R. 0400-1-24 shall remain in full force and effect. All other rules and regulations promulgated pursuant to this part, except as otherwise provided in §§ 59-8-304-59-8-309, are repealed. Acts 1984, ch. 837, §7; T.C.A. § 59-8-356 .
All rules and regulations promulgated and now in force for the abandoned mine land reclamation program, published by the secretary of state as Tenn. Comp. R. & Regs. R. 0400-1-24 shall remain in full force and effect. All other rules and regulations promulgated pursuant to this part, except as otherwise provided in §§ 59-8-304-59-8-309, are repealed.
Acts 1984, ch. 837, §7; T.C.A. § 59-8-356 .
Tenn. Code Ann. § 59-8-117 — TN Code / Title 59 / Chapter 8 / Section 59-8-117
Civil penalties, fines, and imprisonment
Status: in_force

(a) A permittee who violates this part, rules promulgated pursuant to this part, or any permit condition required by this part, may be assessed a civil penalty by the commissioner, except that if the violation leads to the issuance of a cessation order, a civil penalty must be assessed, and in either case, such permittee is also liable for any damages to the state resulting from the violation. A civil penalty assessed under this subsection (a) shall not exceed five thousand dollars ($5,000) for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing a civil penalty. In determining the amount of the penalty, the commissioner shall consider the history of previous violations by the permittee at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any danger to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation. (b) (1) The commissioner shall assess a civil penalty or damages only after the person charged with a violation described under subsection (a) has been given notice and an opportunity for a public hearing before the commissioner, unless the public hearing is expressly waived by the person charged. (2) When a public hearing has been held, the commissioner shall make findings of fact, and the commissioner shall issue a written decision as to the occurrence of the violation and the amount of the assessment that is warranted, incorporating, when appropriate, an order requiring that the assessment be paid. (3) When appropriate, a public hearing held pursuant to this section shall be consolidated with other proceedings under § 59-8-116 . Any hearing under this subsection (b) shall be of record and conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply. (4) If the person charged with a violation waives the public hearing, then the commissioner shall issue an order requiring that the assessment be paid after determining that a violation did occur and the amount of the assessment which is warranted. (c) Within thirty (30) days of issuing a notice or order, the commissioner shall inform the person charged with the assessment of the proposed amount of the assessment. The person charged with the assessment shall then have thirty (30) days to pay the proposed assessment in full or, if the person wishes to contest either the amount of the assessment or the fact of the violation, forward the proposed amount to the commissioner for placement in an escrow account. If, through administrative or judicial review of the proposed assessment, it is determined that no violation occurred or that the amount of the assessment should be reduced, the commissioner shall, within thirty (30) days of the determination, remit the applicable escrowed amount to the person with interest at the rate of six percent (6%) per annum, or at the prevailing department of treasury rate, whichever is greater. Failure to forward the money to the commissioner within thirty (30) days results in a waiver of all legal rights to contest the violation or the amount of the assessment. (d) The commissioner, through the attorney general and reporter, may institute proceedings in the name of the department for the recovery of any assessment made under this part in any appropriate court. All sums recovered shall be placed in the state treasury and credited to the coal mining protection fund, created by § 59-8-132 . (e) Any person who willfully and knowingly violates this part, rules promulgated pursuant to this part, or any condition of a permit or order issued pursuant to this part, except an order incorporated in a decision issued under subsection (b) or § 59-8-131 , commits a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both. (f) Any person who knowingly makes any false statement, representation, or certification, or who knowingly fails to make any statement, representation, or certification, in any application, record, report, plan, or document filed or required to be maintained by this part, rules promulgated under this part, or any permit, order, or decision issued by the commissioner, commits a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both. (g) Any person who knowingly violates the conflict of interest provisions of § 59-8-127 commits a Class E felony and, upon conviction, shall be punished by a fine of not more than two thousand five hundred dollars ($2,500), or incarceration, or both. (h) Any person who knowingly engages in surface coal mining and reclamation operations without first obtaining a permit for the mine from the commissioner, commits a Class E felony, and upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both. (i) Any person who, except as permitted by law, willfully resists, prevents, impedes, or interferes with the commissioner or the commissioner's agents from performing the commissioner's or agent's duty under this part commits a Class E felony, and upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both. (j) Whenever a corporate permittee commits the violations enumerated in subsections (a) and (e), any director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed under subsections (a) and (e). The commissioner shall promulgate rules establishing the procedure provided by 30 CFR part 846 for assessing individual civil penalties under this subsection (j). (k) (1) The period for correcting a violation for which a citation has been issued under § 59-8-116 does not end until: (A) The entry of a final order by the commissioner, in the case of any review proceedings under § 59-8-120 initiated by the person wherein the commissioner orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the person will suffer irreparable loss or damage from the application of those requirements; or (B) The entry of an order of the court, in the case of any review proceedings under § 59-8-121 initiated by the person wherein the court orders the suspension of the abatement requirements of the citation. (2) Any person who fails to correct a violation for which a citation has been issued under § 59-8-116 within the period permitted for its correction shall be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which the failure to correct or violation continues. (l) Nothing in this section eliminates any additional enforcement right or procedures that are available under state law to a state agency but are not specifically enumerated in this section. (m) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this chapter and to defray expenses necessary for activities supporting the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977. Amended by 2023 Tenn. Acts, ch. 401, s 13, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 401, s 12, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 401, s 11, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 401, s 10, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 401, s 9, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 401, s 8, 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) A permittee who violates this part, rules promulgated pursuant to this part, or any permit condition required by this part, may be assessed a civil penalty by the commissioner, except that if the violation leads to the issuance of a cessation order, a civil penalty must be assessed, and in either case, such permittee is also liable for any damages to the state resulting from the violation. A civil penalty assessed under this subsection (a) shall not exceed five thousand dollars ($5,000) for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing a civil penalty. In determining the amount of the penalty, the commissioner shall consider the history of previous violations by the permittee at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any danger to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.
(b) (1) The commissioner shall assess a civil penalty or damages only after the person charged with a violation described under subsection (a) has been given notice and an opportunity for a public hearing before the commissioner, unless the public hearing is expressly waived by the person charged. (2) When a public hearing has been held, the commissioner shall make findings of fact, and the commissioner shall issue a written decision as to the occurrence of the violation and the amount of the assessment that is warranted, incorporating, when appropriate, an order requiring that the assessment be paid. (3) When appropriate, a public hearing held pursuant to this section shall be consolidated with other proceedings under § 59-8-116 . Any hearing under this subsection (b) shall be of record and conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply. (4) If the person charged with a violation waives the public hearing, then the commissioner shall issue an order requiring that the assessment be paid after determining that a violation did occur and the amount of the assessment which is warranted.
(1) The commissioner shall assess a civil penalty or damages only after the person charged with a violation described under subsection (a) has been given notice and an opportunity for a public hearing before the commissioner, unless the public hearing is expressly waived by the person charged.
(2) When a public hearing has been held, the commissioner shall make findings of fact, and the commissioner shall issue a written decision as to the occurrence of the violation and the amount of the assessment that is warranted, incorporating, when appropriate, an order requiring that the assessment be paid.
(3) When appropriate, a public hearing held pursuant to this section shall be consolidated with other proceedings under § 59-8-116 . Any hearing under this subsection (b) shall be of record and conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
(4) If the person charged with a violation waives the public hearing, then the commissioner shall issue an order requiring that the assessment be paid after determining that a violation did occur and the amount of the assessment which is warranted.
(c) Within thirty (30) days of issuing a notice or order, the commissioner shall inform the person charged with the assessment of the proposed amount of the assessment. The person charged with the assessment shall then have thirty (30) days to pay the proposed assessment in full or, if the person wishes to contest either the amount of the assessment or the fact of the violation, forward the proposed amount to the commissioner for placement in an escrow account. If, through administrative or judicial review of the proposed assessment, it is determined that no violation occurred or that the amount of the assessment should be reduced, the commissioner shall, within thirty (30) days of the determination, remit the applicable escrowed amount to the person with interest at the rate of six percent (6%) per annum, or at the prevailing department of treasury rate, whichever is greater. Failure to forward the money to the commissioner within thirty (30) days results in a waiver of all legal rights to contest the violation or the amount of the assessment.
(d) The commissioner, through the attorney general and reporter, may institute proceedings in the name of the department for the recovery of any assessment made under this part in any appropriate court. All sums recovered shall be placed in the state treasury and credited to the coal mining protection fund, created by § 59-8-132 .
(e) Any person who willfully and knowingly violates this part, rules promulgated pursuant to this part, or any condition of a permit or order issued pursuant to this part, except an order incorporated in a decision issued under subsection (b) or § 59-8-131 , commits a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both.
(f) Any person who knowingly makes any false statement, representation, or certification, or who knowingly fails to make any statement, representation, or certification, in any application, record, report, plan, or document filed or required to be maintained by this part, rules promulgated under this part, or any permit, order, or decision issued by the commissioner, commits a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both.
(g) Any person who knowingly violates the conflict of interest provisions of § 59-8-127 commits a Class E felony and, upon conviction, shall be punished by a fine of not more than two thousand five hundred dollars ($2,500), or incarceration, or both.
(h) Any person who knowingly engages in surface coal mining and reclamation operations without first obtaining a permit for the mine from the commissioner, commits a Class E felony, and upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both.
(i) Any person who, except as permitted by law, willfully resists, prevents, impedes, or interferes with the commissioner or the commissioner's agents from performing the commissioner's or agent's duty under this part commits a Class E felony, and upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000), or incarceration, or both.
(j) Whenever a corporate permittee commits the violations enumerated in subsections (a) and (e), any director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed under subsections (a) and (e). The commissioner shall promulgate rules establishing the procedure provided by 30 CFR part 846 for assessing individual civil penalties under this subsection (j).
(k) (1) The period for correcting a violation for which a citation has been issued under § 59-8-116 does not end until: (A) The entry of a final order by the commissioner, in the case of any review proceedings under § 59-8-120 initiated by the person wherein the commissioner orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the person will suffer irreparable loss or damage from the application of those requirements; or (B) The entry of an order of the court, in the case of any review proceedings under § 59-8-121 initiated by the person wherein the court orders the suspension of the abatement requirements of the citation. (2) Any person who fails to correct a violation for which a citation has been issued under § 59-8-116 within the period permitted for its correction shall be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which the failure to correct or violation continues.
(1) The period for correcting a violation for which a citation has been issued under § 59-8-116 does not end until: (A) The entry of a final order by the commissioner, in the case of any review proceedings under § 59-8-120 initiated by the person wherein the commissioner orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the person will suffer irreparable loss or damage from the application of those requirements; or (B) The entry of an order of the court, in the case of any review proceedings under § 59-8-121 initiated by the person wherein the court orders the suspension of the abatement requirements of the citation.
(A) The entry of a final order by the commissioner, in the case of any review proceedings under § 59-8-120 initiated by the person wherein the commissioner orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the person will suffer irreparable loss or damage from the application of those requirements; or
(B) The entry of an order of the court, in the case of any review proceedings under § 59-8-121 initiated by the person wherein the court orders the suspension of the abatement requirements of the citation.
(2) Any person who fails to correct a violation for which a citation has been issued under § 59-8-116 within the period permitted for its correction shall be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which the failure to correct or violation continues.
(l) Nothing in this section eliminates any additional enforcement right or procedures that are available under state law to a state agency but are not specifically enumerated in this section.
(m) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this chapter and to defray expenses necessary for activities supporting the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977.
Amended by 2023 Tenn. Acts, ch. 401, s 13, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 401, s 12, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 401, s 11, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 401, s 10, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 401, s 9, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 401, s 8, 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. § 59-8-120 — TN Code / Title 59 / Chapter 8 / Section 59-8-120
Application for review of notice or order - Investigation and hearing - Request for temporary relief
Status: in_force

(a) (1) (A) A permittee issued a notice or order by the commissioner pursuant to § 59-8-116(b) or § 59-8-116(c) , or any person having an interest that is or may be adversely affected by the notice or order or by any modification, vacation, or termination of the notice or order, may apply to the commissioner for review of the notice or order within thirty (30) days of receipt of the order or within thirty (30) days of its modification, vacation, or termination; provided, however, that any person not served with a copy of the document shall file the application for review within forty (40) days of the date of issuance of the document. (B) Upon receipt of such application, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. The investigation shall provide an opportunity for a public hearing, at the request of the permittee or the person having an interest that is or may be adversely affected, to enable the permittee or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. (C) The filing of an application for review under this subsection (a) does not operate as a stay of any order or notice. (2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five (5) days prior to the hearing. Any such hearing shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply. (b) (1) Upon completion of the investigation, the commissioner shall make findings of fact, and shall issue a written decision, incorporating an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate the commissioner's findings in the order. (2) Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to § 59-8-116(b) or § 59-8-116(c) , the commissioner shall issue the written decision within thirty (30) days of the receipt of the application for review, unless temporary relief has been granted by the commissioner pursuant to subsection (c) or by a court pursuant to § 59-8-121(c) . (c) Pending completion of the investigation and hearing required by this section, the applicant for review may file with the commissioner a written request that the commissioner grant temporary relief from any notice or order, together with a detailed statement giving reasons for requesting the relief. The commissioner shall issue an order or decision granting or denying the relief expeditiously; provided, that, if the applicant for review requests relief from an order for cessation of coal mining and reclamation operations issued pursuant to § 59-8-116(b) or § 59-8-116(c) , the order or decision on such a request shall be issued within five (5) days of its receipt. The commissioner may grant the relief requested, under the conditions the commissioner prescribes, if: (1) All parties to the proceeding have been notified and an informal hearing has been held in the locality of the surface coal mining and reclamation operation on the request for temporary relief in which all parties were given an opportunity to be heard; (2) The applicant for review shows that there is a substantial likelihood that the final decision of the commissioner in the hearing will be favorable to the applicant for review; and (3) The relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources. (d) Whenever an order is issued under this section, or as a result of any administrative proceeding under this part, at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney fees, as determined by the court or the commissioner to have been reasonably incurred by the person for, or in connection with, the person's participation in the proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review, or the commissioner, deems proper. 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) (1) (A) A permittee issued a notice or order by the commissioner pursuant to § 59-8-116(b) or § 59-8-116(c) , or any person having an interest that is or may be adversely affected by the notice or order or by any modification, vacation, or termination of the notice or order, may apply to the commissioner for review of the notice or order within thirty (30) days of receipt of the order or within thirty (30) days of its modification, vacation, or termination; provided, however, that any person not served with a copy of the document shall file the application for review within forty (40) days of the date of issuance of the document. (B) Upon receipt of such application, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. The investigation shall provide an opportunity for a public hearing, at the request of the permittee or the person having an interest that is or may be adversely affected, to enable the permittee or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. (C) The filing of an application for review under this subsection (a) does not operate as a stay of any order or notice. (2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five (5) days prior to the hearing. Any such hearing shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
(1) (A) A permittee issued a notice or order by the commissioner pursuant to § 59-8-116(b) or § 59-8-116(c) , or any person having an interest that is or may be adversely affected by the notice or order or by any modification, vacation, or termination of the notice or order, may apply to the commissioner for review of the notice or order within thirty (30) days of receipt of the order or within thirty (30) days of its modification, vacation, or termination; provided, however, that any person not served with a copy of the document shall file the application for review within forty (40) days of the date of issuance of the document. (B) Upon receipt of such application, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. The investigation shall provide an opportunity for a public hearing, at the request of the permittee or the person having an interest that is or may be adversely affected, to enable the permittee or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. (C) The filing of an application for review under this subsection (a) does not operate as a stay of any order or notice.
(A) A permittee issued a notice or order by the commissioner pursuant to § 59-8-116(b) or § 59-8-116(c) , or any person having an interest that is or may be adversely affected by the notice or order or by any modification, vacation, or termination of the notice or order, may apply to the commissioner for review of the notice or order within thirty (30) days of receipt of the order or within thirty (30) days of its modification, vacation, or termination; provided, however, that any person not served with a copy of the document shall file the application for review within forty (40) days of the date of issuance of the document.
(B) Upon receipt of such application, the commissioner shall cause such investigation to be made as the commissioner deems appropriate. The investigation shall provide an opportunity for a public hearing, at the request of the permittee or the person having an interest that is or may be adversely affected, to enable the permittee or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof.
(C) The filing of an application for review under this subsection (a) does not operate as a stay of any order or notice.
(2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five (5) days prior to the hearing. Any such hearing shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
(b) (1) Upon completion of the investigation, the commissioner shall make findings of fact, and shall issue a written decision, incorporating an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate the commissioner's findings in the order. (2) Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to § 59-8-116(b) or § 59-8-116(c) , the commissioner shall issue the written decision within thirty (30) days of the receipt of the application for review, unless temporary relief has been granted by the commissioner pursuant to subsection (c) or by a court pursuant to § 59-8-121(c) .
(1) Upon completion of the investigation, the commissioner shall make findings of fact, and shall issue a written decision, incorporating an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate the commissioner's findings in the order.
(2) Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to § 59-8-116(b) or § 59-8-116(c) , the commissioner shall issue the written decision within thirty (30) days of the receipt of the application for review, unless temporary relief has been granted by the commissioner pursuant to subsection (c) or by a court pursuant to § 59-8-121(c) .
(c) Pending completion of the investigation and hearing required by this section, the applicant for review may file with the commissioner a written request that the commissioner grant temporary relief from any notice or order, together with a detailed statement giving reasons for requesting the relief. The commissioner shall issue an order or decision granting or denying the relief expeditiously; provided, that, if the applicant for review requests relief from an order for cessation of coal mining and reclamation operations issued pursuant to § 59-8-116(b) or § 59-8-116(c) , the order or decision on such a request shall be issued within five (5) days of its receipt. The commissioner may grant the relief requested, under the conditions the commissioner prescribes, if: (1) All parties to the proceeding have been notified and an informal hearing has been held in the locality of the surface coal mining and reclamation operation on the request for temporary relief in which all parties were given an opportunity to be heard; (2) The applicant for review shows that there is a substantial likelihood that the final decision of the commissioner in the hearing will be favorable to the applicant for review; and (3) The relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources.
(1) All parties to the proceeding have been notified and an informal hearing has been held in the locality of the surface coal mining and reclamation operation on the request for temporary relief in which all parties were given an opportunity to be heard;
(2) The applicant for review shows that there is a substantial likelihood that the final decision of the commissioner in the hearing will be favorable to the applicant for review; and
(3) The relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources.
(d) Whenever an order is issued under this section, or as a result of any administrative proceeding under this part, at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney fees, as determined by the court or the commissioner to have been reasonably incurred by the person for, or in connection with, the person's participation in the proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review, or the commissioner, deems proper.
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. § 59-8-125 — TN Code / Title 59 / Chapter 8 / Section 59-8-125
Designation of area as unsuitable for certain types of surface coal mining and reclamation operations
Status: in_force

(a) (1) The commissioner shall establish a planning process enabling objective decisions to be made based upon competent and scientifically sound data and information as to which, if any, land areas of this state are unsuitable for all or certain types of surface coal mining and reclamation operations pursuant to the standards set forth in this section, but that designation shall not prevent the mineral exploration of any designated area. (2) Upon petition pursuant to subsection (b), the commissioner shall designate an area as unsuitable for all or certain types of surface coal mining and reclamation operations if the commissioner determines that reclamation pursuant to the requirements of this part is not technologically and economically feasible. (3) Upon petition pursuant to subsection (b), an area may be designated unsuitable for certain types of surface coal mining and reclamation operations if such operations: (A) Are incompatible with existing state or local land use plans or programs; (B) Affect fragile or historic lands in a way that could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems; (C) Affect renewable resource lands, including, but not limited to, aquifers and aquifer recharge areas, in a way that could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or (D) Affect natural hazard lands, including, but not limited to, areas subject to frequent flooding and areas of unstable geology, in a way that could substantially endanger life and property. (4) The department shall be responsible for surface coal mining lands review and shall assist the commissioner in developing a process that includes: (A) A database and inventory system that permits proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining and reclamation operations; (B) A method or methods for implementing land use planning decisions concerning surface coal mining and reclamation operations; and (C) Proper notice and opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section. (5) Determinations of the unsuitability of land for surface coal mining and reclamation operations shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state, and local levels. (6) This section does not apply to lands on which surface coal mining operations were being conducted on August 3, 1977, or under a permit issued pursuant to this part, or where substantial legal and financial commitments in the operation were in existence prior to January 4, 1977. (b) Any person having an interest that is or may be adversely affected shall have the right to petition the commissioner to have an area designated as unsuitable for surface coal mining and reclamation operations, or to have an existing designation terminated. A petition filed pursuant to this subsection (b) must contain allegations of facts with supporting evidence that tends to establish the allegations. Within ten (10) months after receipt of the petition, the commissioner shall hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time, and location of such hearing. After a petition has been filed, but before the hearing on it, any person may intervene by filing allegations of facts with supporting evidence that would tend to establish the allegations. In the event that all of the petitioners stipulate agreement prior to the requested hearing, and withdraw their requests, the hearing need not be held. (c) Prior to designating any land areas as unsuitable for surface coal mining and reclamation operations, the commissioner shall prepare a detailed statement on: (1) The potential coal resources of the area; (2) The demand for coal resources; and (3) The impact of the designation on the environment, the economy, and the supply of coal. (d) In reaching a decision on whether to designate any land areas as unsuitable for surface coal mining and reclamation operations, the commissioner shall use: (1) The information contained in the database, records, and inventory system; (2) Any information that was provided by other governmental agencies or the public; and (3) The information contained in the detailed statement provided in subsection (c). (e) The commissioner shall issue a final written decision, including a statement of findings, within sixty (60) days of the completion of the public hearing, or if no public hearing is held, within twelve (12) months of receipt of the complete petition. The commissioner shall simultaneously notify the petitioner, other parties to the hearing, and the regional director of the office of surface mining, of the decision by certified mail. (f) The decision of the commissioner with respect to a petition, or the failure of the commissioner to act within the time limits set forth in this section shall be subject to judicial review in the same manner as provided for orders or determinations of the commissioner under § 59-8-121 . All relevant portions of the information used in subsection (c) shall be considered and included in the record of the administrative proceeding. 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) (1) The commissioner shall establish a planning process enabling objective decisions to be made based upon competent and scientifically sound data and information as to which, if any, land areas of this state are unsuitable for all or certain types of surface coal mining and reclamation operations pursuant to the standards set forth in this section, but that designation shall not prevent the mineral exploration of any designated area. (2) Upon petition pursuant to subsection (b), the commissioner shall designate an area as unsuitable for all or certain types of surface coal mining and reclamation operations if the commissioner determines that reclamation pursuant to the requirements of this part is not technologically and economically feasible. (3) Upon petition pursuant to subsection (b), an area may be designated unsuitable for certain types of surface coal mining and reclamation operations if such operations: (A) Are incompatible with existing state or local land use plans or programs; (B) Affect fragile or historic lands in a way that could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems; (C) Affect renewable resource lands, including, but not limited to, aquifers and aquifer recharge areas, in a way that could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or (D) Affect natural hazard lands, including, but not limited to, areas subject to frequent flooding and areas of unstable geology, in a way that could substantially endanger life and property. (4) The department shall be responsible for surface coal mining lands review and shall assist the commissioner in developing a process that includes: (A) A database and inventory system that permits proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining and reclamation operations; (B) A method or methods for implementing land use planning decisions concerning surface coal mining and reclamation operations; and (C) Proper notice and opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section. (5) Determinations of the unsuitability of land for surface coal mining and reclamation operations shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state, and local levels. (6) This section does not apply to lands on which surface coal mining operations were being conducted on August 3, 1977, or under a permit issued pursuant to this part, or where substantial legal and financial commitments in the operation were in existence prior to January 4, 1977.
(1) The commissioner shall establish a planning process enabling objective decisions to be made based upon competent and scientifically sound data and information as to which, if any, land areas of this state are unsuitable for all or certain types of surface coal mining and reclamation operations pursuant to the standards set forth in this section, but that designation shall not prevent the mineral exploration of any designated area.
(2) Upon petition pursuant to subsection (b), the commissioner shall designate an area as unsuitable for all or certain types of surface coal mining and reclamation operations if the commissioner determines that reclamation pursuant to the requirements of this part is not technologically and economically feasible.
(3) Upon petition pursuant to subsection (b), an area may be designated unsuitable for certain types of surface coal mining and reclamation operations if such operations: (A) Are incompatible with existing state or local land use plans or programs; (B) Affect fragile or historic lands in a way that could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems; (C) Affect renewable resource lands, including, but not limited to, aquifers and aquifer recharge areas, in a way that could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or (D) Affect natural hazard lands, including, but not limited to, areas subject to frequent flooding and areas of unstable geology, in a way that could substantially endanger life and property.
(A) Are incompatible with existing state or local land use plans or programs;
(B) Affect fragile or historic lands in a way that could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems;
(C) Affect renewable resource lands, including, but not limited to, aquifers and aquifer recharge areas, in a way that could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or
(D) Affect natural hazard lands, including, but not limited to, areas subject to frequent flooding and areas of unstable geology, in a way that could substantially endanger life and property.
(4) The department shall be responsible for surface coal mining lands review and shall assist the commissioner in developing a process that includes: (A) A database and inventory system that permits proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining and reclamation operations; (B) A method or methods for implementing land use planning decisions concerning surface coal mining and reclamation operations; and (C) Proper notice and opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section.
(A) A database and inventory system that permits proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining and reclamation operations;
(B) A method or methods for implementing land use planning decisions concerning surface coal mining and reclamation operations; and
(C) Proper notice and opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section.
(5) Determinations of the unsuitability of land for surface coal mining and reclamation operations shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state, and local levels.
(6) This section does not apply to lands on which surface coal mining operations were being conducted on August 3, 1977, or under a permit issued pursuant to this part, or where substantial legal and financial commitments in the operation were in existence prior to January 4, 1977.
(b) Any person having an interest that is or may be adversely affected shall have the right to petition the commissioner to have an area designated as unsuitable for surface coal mining and reclamation operations, or to have an existing designation terminated. A petition filed pursuant to this subsection (b) must contain allegations of facts with supporting evidence that tends to establish the allegations. Within ten (10) months after receipt of the petition, the commissioner shall hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time, and location of such hearing. After a petition has been filed, but before the hearing on it, any person may intervene by filing allegations of facts with supporting evidence that would tend to establish the allegations. In the event that all of the petitioners stipulate agreement prior to the requested hearing, and withdraw their requests, the hearing need not be held.
(c) Prior to designating any land areas as unsuitable for surface coal mining and reclamation operations, the commissioner shall prepare a detailed statement on: (1) The potential coal resources of the area; (2) The demand for coal resources; and (3) The impact of the designation on the environment, the economy, and the supply of coal.
(1) The potential coal resources of the area;
(2) The demand for coal resources; and
(3) The impact of the designation on the environment, the economy, and the supply of coal.
(d) In reaching a decision on whether to designate any land areas as unsuitable for surface coal mining and reclamation operations, the commissioner shall use: (1) The information contained in the database, records, and inventory system; (2) Any information that was provided by other governmental agencies or the public; and (3) The information contained in the detailed statement provided in subsection (c).
(1) The information contained in the database, records, and inventory system;
(2) Any information that was provided by other governmental agencies or the public; and
(3) The information contained in the detailed statement provided in subsection (c).
(e) The commissioner shall issue a final written decision, including a statement of findings, within sixty (60) days of the completion of the public hearing, or if no public hearing is held, within twelve (12) months of receipt of the complete petition. The commissioner shall simultaneously notify the petitioner, other parties to the hearing, and the regional director of the office of surface mining, of the decision by certified mail.
(f) The decision of the commissioner with respect to a petition, or the failure of the commissioner to act within the time limits set forth in this section shall be subject to judicial review in the same manner as provided for orders or determinations of the commissioner under § 59-8-121 . All relevant portions of the information used in subsection (c) shall be considered and included in the record of the administrative proceeding.
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. § 59-8-224 — TN Code / Title 59 / Chapter 8 / Section 59-8-224
Supplemental nature of part
Status: in_force

This part shall not operate to repeal or affect any of the laws of the state relating to the pollution of the air or waters thereof, or any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto. Acts 1972, ch. 547, § 22; T.C.A., § 58-1562.
This part shall not operate to repeal or affect any of the laws of the state relating to the pollution of the air or waters thereof, or any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto.
Acts 1972, ch. 547, § 22; T.C.A., § 58-1562.
Tenn. Code Ann. § 59-8-403 — TN Code / Title 59 / Chapter 8 / Section 59-8-403
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 7; 1992, ch. 693, § 1.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 7; 1992, ch. 693, § 1.
Tenn. Code Ann. § 59-8-109 — TN Code / Title 59 / Chapter 8 / Section 59-8-109
Reclamation plan
Status: in_force

(a) Each permit application shall include a reclamation plan that meets the requirements prescribed by the commissioner and contains the information in the degree of detail necessary to demonstrate that reclamation required by this part can be accomplished, including but not limited to: (1) The identification of the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; (2) The condition of the land to be covered by the permit prior to any mining, including: (A) The uses existing at the time of the application, and if the land has a history of previous mining, the uses which preceded any mining; (B) The capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to § 59-8-106(b)(16) ; and (C) The productivity of the land prior to mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management; (3) The use that is proposed to be made of the land following reclamation, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and plans, and the comments of any owner of the surface and state and local governments, or agencies or subdivisions of such governments, that would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation; (4) A detailed description of how the proposed postmining land use is to be achieved and the necessary support activities that may be needed to achieve the proposed land use; (5) The engineering techniques proposed to be used in mining and reclamation and a description of the major equipment; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in § 59-8-110(b)(7)(A)-(D) , for those food, forage, and forest lands identified in § 59-8-110(b)(7) ; an estimate of the cost per acre of the reclamation, including a statement as to how the permittee plans to comply with each of the requirements set out in § 59-8-110 ; (6) The consideration given to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future can be minimized; (7) A detailed estimated timetable for the accomplishment of each major step in the reclamation plan; (8) The consideration given to making the surface mining and reclamation operations consistent with surface owner plans, and applicable state and local land use plans and programs; (9) The steps to be taken to comply with applicable air and water quality laws and rules and any applicable health and safety standards; (10) The consideration given to developing the reclamation plan in a manner consistent with local physical environmental and climatological conditions; (11) All lands, interests in lands, or options on such interests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the area to be covered by the permit; (12) The results of test boring that the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the commissioner, including the location of subsurface water, and an analysis of the chemical properties, including acid forming properties of the mineral and overburden. Information that pertains only to the analysis of the chemical and physical properties of the coal, excepting information regarding such mineral or elemental contents that is potentially toxic in the environment, shall be kept confidential and not made a matter of public record; and (13) A detailed description of the measures to be taken during the mining and reclamation process to assure the protection of: (A) The quality of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process; (B) The rights of present users to such water; and (C) The quantity of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured. (b) Any information required by this section that is not required to be open for public inspection by this part shall be held in confidence by the commissioner and not made available for public inspection under title 10, chapter 7. 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) Each permit application shall include a reclamation plan that meets the requirements prescribed by the commissioner and contains the information in the degree of detail necessary to demonstrate that reclamation required by this part can be accomplished, including but not limited to: (1) The identification of the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; (2) The condition of the land to be covered by the permit prior to any mining, including: (A) The uses existing at the time of the application, and if the land has a history of previous mining, the uses which preceded any mining; (B) The capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to § 59-8-106(b)(16) ; and (C) The productivity of the land prior to mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management; (3) The use that is proposed to be made of the land following reclamation, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and plans, and the comments of any owner of the surface and state and local governments, or agencies or subdivisions of such governments, that would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation; (4) A detailed description of how the proposed postmining land use is to be achieved and the necessary support activities that may be needed to achieve the proposed land use; (5) The engineering techniques proposed to be used in mining and reclamation and a description of the major equipment; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in § 59-8-110(b)(7)(A)-(D) , for those food, forage, and forest lands identified in § 59-8-110(b)(7) ; an estimate of the cost per acre of the reclamation, including a statement as to how the permittee plans to comply with each of the requirements set out in § 59-8-110 ; (6) The consideration given to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future can be minimized; (7) A detailed estimated timetable for the accomplishment of each major step in the reclamation plan; (8) The consideration given to making the surface mining and reclamation operations consistent with surface owner plans, and applicable state and local land use plans and programs; (9) The steps to be taken to comply with applicable air and water quality laws and rules and any applicable health and safety standards; (10) The consideration given to developing the reclamation plan in a manner consistent with local physical environmental and climatological conditions; (11) All lands, interests in lands, or options on such interests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the area to be covered by the permit; (12) The results of test boring that the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the commissioner, including the location of subsurface water, and an analysis of the chemical properties, including acid forming properties of the mineral and overburden. Information that pertains only to the analysis of the chemical and physical properties of the coal, excepting information regarding such mineral or elemental contents that is potentially toxic in the environment, shall be kept confidential and not made a matter of public record; and (13) A detailed description of the measures to be taken during the mining and reclamation process to assure the protection of: (A) The quality of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process; (B) The rights of present users to such water; and (C) The quantity of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured.
(1) The identification of the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought;
(2) The condition of the land to be covered by the permit prior to any mining, including: (A) The uses existing at the time of the application, and if the land has a history of previous mining, the uses which preceded any mining; (B) The capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to § 59-8-106(b)(16) ; and (C) The productivity of the land prior to mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management;
(A) The uses existing at the time of the application, and if the land has a history of previous mining, the uses which preceded any mining;
(B) The capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to § 59-8-106(b)(16) ; and
(C) The productivity of the land prior to mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management;
(3) The use that is proposed to be made of the land following reclamation, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and plans, and the comments of any owner of the surface and state and local governments, or agencies or subdivisions of such governments, that would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation;
(4) A detailed description of how the proposed postmining land use is to be achieved and the necessary support activities that may be needed to achieve the proposed land use;
(5) The engineering techniques proposed to be used in mining and reclamation and a description of the major equipment; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in § 59-8-110(b)(7)(A)-(D) , for those food, forage, and forest lands identified in § 59-8-110(b)(7) ; an estimate of the cost per acre of the reclamation, including a statement as to how the permittee plans to comply with each of the requirements set out in § 59-8-110 ;
(6) The consideration given to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future can be minimized;
(7) A detailed estimated timetable for the accomplishment of each major step in the reclamation plan;
(8) The consideration given to making the surface mining and reclamation operations consistent with surface owner plans, and applicable state and local land use plans and programs;
(9) The steps to be taken to comply with applicable air and water quality laws and rules and any applicable health and safety standards;
(10) The consideration given to developing the reclamation plan in a manner consistent with local physical environmental and climatological conditions;
(11) All lands, interests in lands, or options on such interests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the area to be covered by the permit;
(12) The results of test boring that the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the commissioner, including the location of subsurface water, and an analysis of the chemical properties, including acid forming properties of the mineral and overburden. Information that pertains only to the analysis of the chemical and physical properties of the coal, excepting information regarding such mineral or elemental contents that is potentially toxic in the environment, shall be kept confidential and not made a matter of public record; and
(13) A detailed description of the measures to be taken during the mining and reclamation process to assure the protection of: (A) The quality of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process; (B) The rights of present users to such water; and (C) The quantity of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured.
(A) The quality of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process;
(B) The rights of present users to such water; and
(C) The quantity of surface and groundwater systems, both on- and off-site, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured.
(b) Any information required by this section that is not required to be open for public inspection by this part shall be held in confidence by the commissioner and not made available for public inspection under title 10, chapter 7.
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. § 59-13-116 — TN Code / Title 59 / Chapter 13 / Section 59-13-116
Compensation of officers and directors
Status: in_force

An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee. Acts 1984, ch. 864, § 16.
An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee.
Acts 1984, ch. 864, § 16.
Tenn. Code Ann. § 59-13-140 — TN Code / Title 59 / Chapter 13 / Section 59-13-140
Fees - Liability for privilege tax
Status: in_force

(a) Each association, organized pursuant to this chapter, shall pay an annual fee of ten dollars ($10.00) only, in lieu of all franchise or license or corporation or other privilege taxes or taxes or charges upon reserves held by it for members; provided, however, that if any association organized pursuant to this chapter sells to persons other than its own members any product or merchandise other than coal or its derivative products, such association shall be liable for any privilege tax with respect to such transactions or method of doing business imposed under the laws of Tennessee, other than franchise and excise taxes and corporation filing fees or charges upon reserves held by it for members. (b) For filing articles of incorporation, an association organized pursuant to this chapter shall pay ten dollars ($10.00); and for filing an amendment to the articles, two dollars and fifty cents ($2.50). Acts 1984, ch. 864, §§ 43, 44.
(a) Each association, organized pursuant to this chapter, shall pay an annual fee of ten dollars ($10.00) only, in lieu of all franchise or license or corporation or other privilege taxes or taxes or charges upon reserves held by it for members; provided, however, that if any association organized pursuant to this chapter sells to persons other than its own members any product or merchandise other than coal or its derivative products, such association shall be liable for any privilege tax with respect to such transactions or method of doing business imposed under the laws of Tennessee, other than franchise and excise taxes and corporation filing fees or charges upon reserves held by it for members.
(b) For filing articles of incorporation, an association organized pursuant to this chapter shall pay ten dollars ($10.00); and for filing an amendment to the articles, two dollars and fifty cents ($2.50).
Acts 1984, ch. 864, §§ 43, 44.
Tenn. Code Ann. § 59-13-139 — TN Code / Title 59 / Chapter 13 / Section 59-13-139
Restraint of trade - Monopolies
Status: in_force

No association organized pursuant to this chapter and complying with the terms of such chapter shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly; or an attempt to lessen competition or to fix prices arbitrarily, nor shall the marketing contracts and agreements between the association and its members or any agreements authorized in this chapter be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose. Acts 1984, ch. 864, § 41.
No association organized pursuant to this chapter and complying with the terms of such chapter shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly; or an attempt to lessen competition or to fix prices arbitrarily, nor shall the marketing contracts and agreements between the association and its members or any agreements authorized in this chapter be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.
Acts 1984, ch. 864, § 41.
Tenn. Code Ann. § 59-8-420 — TN Code / Title 59 / Chapter 8 / Section 59-8-420
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 24.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 24.
Tenn. Code Ann. § 59-13-134 — TN Code / Title 59 / Chapter 13 / Section 59-13-134
Reports
Status: in_force

Each association formed under this chapter shall prepare an annual report on forms to be furnished by the secretary of state, containing the name of the association, its principal place of business, a general statement of its business operations during the fiscal year, showing the amount of capital stock paid up and the number of stockholders if a stock association or the number of members and the amount of membership fees received, if a nonstock association, the total expenses of operations, the amount of its indebtedness or liabilities, and its balance sheets. Acts 1984, ch. 864, § 34.
Each association formed under this chapter shall prepare an annual report on forms to be furnished by the secretary of state, containing the name of the association, its principal place of business, a general statement of its business operations during the fiscal year, showing the amount of capital stock paid up and the number of stockholders if a stock association or the number of members and the amount of membership fees received, if a nonstock association, the total expenses of operations, the amount of its indebtedness or liabilities, and its balance sheets.
Acts 1984, ch. 864, § 34.
Tenn. Code Ann. § 59-12-104 — TN Code / Title 59 / Chapter 12 / Section 59-12-104
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019. Acts 1979, ch. 368, § 4; T.C.A., § 58-1704.
Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019.
Acts 1979, ch. 368, § 4; T.C.A., § 58-1704.
Tenn. Code Ann. § 59-8-411 — TN Code / Title 59 / Chapter 8 / Section 59-8-411
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 15.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 15.
Tenn. Code Ann. § 59-8-133 — TN Code / Title 59 / Chapter 8 / Section 59-8-133
Postponement of efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations
Status: in_force

(a) Notwithstanding a law to the contrary, the state shall postpone efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.) until the commissioner notifies the speaker of the senate and the speaker of the house of representatives that the commissioner has determined that: (1) The surface coal mining industry in this state is fiscally self-sufficient to support a state-operated program, with revenues from fees and taxes generated from the industry anticipated to meet required expenditures, using data from the report required by subsection (c); and (2) This state has allocated monies sufficient to address actual and potential liabilities resulting from insufficient bonding relative to surface coal mining and reclamation operations. (b) During the period of postponement pursuant to subsection (a), the department shall consult with the Tennessee Mining Association regarding the status of surface coal mining and reclamation operations in this state. The department of environment and conservation shall notify the department of revenue when any application for primacy is submitted. (c) By July 1, 2024, and each July 1 thereafter until July 1, 2028, the department shall submit a report to the speaker of the senate and the speaker of the house of representatives containing data on: (1) The tonnage of coal severed from the ground in surface coal mining and reclamation operations in this state during the prior fiscal year; and (2) The amount of projected revenue from acreage fees, severance taxes, permit fees, and amendment fees that would have been required by state law if the state had exclusive jurisdiction over surface coal mining and reclamation operations in this state during the prior fiscal year. (d) If, by July 1, 2028, the commissioner has not notified the speaker of the senate and the speaker of the house of representatives pursuant to subsection (a), any obligation of this state to seek to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.) terminates. Added by 2023 Tenn. Acts, ch. 401, s 16, eff. 5/11/2023.
(a) Notwithstanding a law to the contrary, the state shall postpone efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.) until the commissioner notifies the speaker of the senate and the speaker of the house of representatives that the commissioner has determined that: (1) The surface coal mining industry in this state is fiscally self-sufficient to support a state-operated program, with revenues from fees and taxes generated from the industry anticipated to meet required expenditures, using data from the report required by subsection (c); and (2) This state has allocated monies sufficient to address actual and potential liabilities resulting from insufficient bonding relative to surface coal mining and reclamation operations.
(1) The surface coal mining industry in this state is fiscally self-sufficient to support a state-operated program, with revenues from fees and taxes generated from the industry anticipated to meet required expenditures, using data from the report required by subsection (c); and
(2) This state has allocated monies sufficient to address actual and potential liabilities resulting from insufficient bonding relative to surface coal mining and reclamation operations.
(b) During the period of postponement pursuant to subsection (a), the department shall consult with the Tennessee Mining Association regarding the status of surface coal mining and reclamation operations in this state. The department of environment and conservation shall notify the department of revenue when any application for primacy is submitted.
(c) By July 1, 2024, and each July 1 thereafter until July 1, 2028, the department shall submit a report to the speaker of the senate and the speaker of the house of representatives containing data on: (1) The tonnage of coal severed from the ground in surface coal mining and reclamation operations in this state during the prior fiscal year; and (2) The amount of projected revenue from acreage fees, severance taxes, permit fees, and amendment fees that would have been required by state law if the state had exclusive jurisdiction over surface coal mining and reclamation operations in this state during the prior fiscal year.
(1) The tonnage of coal severed from the ground in surface coal mining and reclamation operations in this state during the prior fiscal year; and
(2) The amount of projected revenue from acreage fees, severance taxes, permit fees, and amendment fees that would have been required by state law if the state had exclusive jurisdiction over surface coal mining and reclamation operations in this state during the prior fiscal year.
(d) If, by July 1, 2028, the commissioner has not notified the speaker of the senate and the speaker of the house of representatives pursuant to subsection (a), any obligation of this state to seek to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.) terminates.
Added by 2023 Tenn. Acts, ch. 401, s 16, eff. 5/11/2023.
Tenn. Code Ann. § 59-11-102 — TN Code / Title 59 / Chapter 11 / Section 59-11-102
Recordkeeping - Disputes - Settlement
Status: in_force

It shall be a further duty of such checkweigher or checkmeasurer to credit each miner with all merchantable coal or other mineral mined by the miner, on a proper sheet or book kept by such person for that purpose. When differences arise between the checkweigher or checkmeasurer and the agent or owners of the mine, as to the uniformity, capacity of scales or cars used, the same shall be referred to the mine inspector of the district where the mine is located, whose duty it shall be to regulate the same at once; and, in the event of such scales or cars proving to be correct, then the party or parties applying for the testing thereof shall pay all costs and expenses thereof; but, if not correct, then the owner or owners of the mine to pay the cost and charges of making the examination. Acts 1887, ch. 206, §2; Shan., § 340; Code 1932, § 5640; T.C.A. (orig. ed.), § 58-1602.
It shall be a further duty of such checkweigher or checkmeasurer to credit each miner with all merchantable coal or other mineral mined by the miner, on a proper sheet or book kept by such person for that purpose. When differences arise between the checkweigher or checkmeasurer and the agent or owners of the mine, as to the uniformity, capacity of scales or cars used, the same shall be referred to the mine inspector of the district where the mine is located, whose duty it shall be to regulate the same at once; and, in the event of such scales or cars proving to be correct, then the party or parties applying for the testing thereof shall pay all costs and expenses thereof; but, if not correct, then the owner or owners of the mine to pay the cost and charges of making the examination.
Acts 1887, ch. 206, §2; Shan., § 340; Code 1932, § 5640; T.C.A. (orig. ed.), § 58-1602.
Tenn. Code Ann. § 59-4-302 — TN Code / Title 59 / Chapter 4 / Section 59-4-302
Mine foreman is agent or representative of operator or owner
Status: in_force

The mine foreman is expressly declared to be the agent or representative of the operator or owner of the mine in the discharge of the duties required of such foreman by this title. Acts 1915, ch. 169, § 19; Shan., § 3079a117; Code 1932, § 5600; Acts 1953, ch. 86, § 32 (Williams, §§ 5600, 5638.32); T.C.A. (orig. ed.), § 58-413.
The mine foreman is expressly declared to be the agent or representative of the operator or owner of the mine in the discharge of the duties required of such foreman by this title.
Acts 1915, ch. 169, § 19; Shan., § 3079a117; Code 1932, § 5600; Acts 1953, ch. 86, § 32 (Williams, §§ 5600, 5638.32); T.C.A. (orig. ed.), § 58-413.
Tenn. Code Ann. § 59-8-222 — TN Code / Title 59 / Chapter 8 / Section 59-8-222
Civil and criminal penalties - Enforcement - Rights preserved
Status: repealed

(a) Any person or operator who violates any of this part or regulations adopted pursuant thereto, or who fails to perform the duties imposed by these provisions or fails or refuses to obtain a permit as provided herein, or who violates any determination or order promulgated pursuant to this part, is liable to a civil penalty of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each day during which such violation continues, and in addition, may be enjoined from continuing such violation as hereinafter provided. Such penalties shall be recoverable in an action brought in the name of the state of Tennessee by the attorney general in the circuit court of Davidson County or in the circuit court having jurisdiction of the defendant, and all sums recovered shall be placed in the state treasury and credited to the Tennessee surface mining reclamation fund. (b) It shall be the duty of the district attorneys general in the various circuits throughout the state, or the attorney general, upon the request of the commissioner, to bring an action for the recovery of the penalties herein provided for and to bring an action for a restraining order, temporary or permanent injunction, against any operator or other person violating or threatening to violate any of the provisions of this part or violating or threatening to violate any order or determination promulgated pursuant to this part. (c) Any person who willfully and knowingly unlawfully falsifies any records, information, plans, specifications, or other data required by the board or the commissioner or who willfully fails, neglects, or refuses to comply with any of the provisions of this part is guilty of a Class B misdemeanor; provided, that no process by warrant, presentment or indictment shall be issued except upon application of the board or commissioner or such application for process authorized by them. (d) Nothing in this part shall abrogate the right of any person who is materially or personally damaged or injured by the operation of a surface mine to seek remedies against the responsible person in the courts. Acts 1972, ch. 547, § 20; T.C.A., § 58-1560; Acts 1980, ch. 908, § 49; 1989, ch. 591, § 112.
(a) Any person or operator who violates any of this part or regulations adopted pursuant thereto, or who fails to perform the duties imposed by these provisions or fails or refuses to obtain a permit as provided herein, or who violates any determination or order promulgated pursuant to this part, is liable to a civil penalty of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each day during which such violation continues, and in addition, may be enjoined from continuing such violation as hereinafter provided. Such penalties shall be recoverable in an action brought in the name of the state of Tennessee by the attorney general in the circuit court of Davidson County or in the circuit court having jurisdiction of the defendant, and all sums recovered shall be placed in the state treasury and credited to the Tennessee surface mining reclamation fund.
(b) It shall be the duty of the district attorneys general in the various circuits throughout the state, or the attorney general, upon the request of the commissioner, to bring an action for the recovery of the penalties herein provided for and to bring an action for a restraining order, temporary or permanent injunction, against any operator or other person violating or threatening to violate any of the provisions of this part or violating or threatening to violate any order or determination promulgated pursuant to this part.
(c) Any person who willfully and knowingly unlawfully falsifies any records, information, plans, specifications, or other data required by the board or the commissioner or who willfully fails, neglects, or refuses to comply with any of the provisions of this part is guilty of a Class B misdemeanor; provided, that no process by warrant, presentment or indictment shall be issued except upon application of the board or commissioner or such application for process authorized by them.
(d) Nothing in this part shall abrogate the right of any person who is materially or personally damaged or injured by the operation of a surface mine to seek remedies against the responsible person in the courts.
Acts 1972, ch. 547, § 20; T.C.A., § 58-1560; Acts 1980, ch. 908, § 49; 1989, ch. 591, § 112.
Tenn. Code Ann. § 59-13-109 — TN Code / Title 59 / Chapter 13 / Section 59-13-109
Articles of incorporation - Directors - Stock
Status: in_force

Each association formed under this chapter must prepare and file articles of incorporation, setting forth: (1) The name of the association; (2) The purpose for which it is formed; (3) The place where its principal business will be transacted; (4) The duration of the association, if other than perpetual. If the charter of any association organized under this chapter provides for a term of existence, not exceeding fifty (50) years, such charter is hereby deemed to be amended to provide that the duration of the association is perpetual, unless a majority of the members of such association shall vote to limit the duration of the association to some other period of time in accordance with title 48, chapter 11, part 3 or title 48, chapter 51, part 3, as applicable; provided, however, that in no event may the members so amend the charter of an association which has been in existence for more than fifty (50) years; (5) The number of directors of the association, which must be not less than three (3) and may be any number greater than the required minimum; the term of office of such directors; and the names and addresses of those who are to serve as incorporating directors for the first term, or until the election and qualification of their successors; (6) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal, and if unequal, the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision or paragraph of the articles of incorporation shall not be altered, amended, or repealed, except by the written consent or vote of three-fourths (3/4) of the members; and (7) If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value of such stock. Acts 1984, ch. 864, § 9.
Each association formed under this chapter must prepare and file articles of incorporation, setting forth:
(1) The name of the association;
(2) The purpose for which it is formed;
(3) The place where its principal business will be transacted;
(4) The duration of the association, if other than perpetual. If the charter of any association organized under this chapter provides for a term of existence, not exceeding fifty (50) years, such charter is hereby deemed to be amended to provide that the duration of the association is perpetual, unless a majority of the members of such association shall vote to limit the duration of the association to some other period of time in accordance with title 48, chapter 11, part 3 or title 48, chapter 51, part 3, as applicable; provided, however, that in no event may the members so amend the charter of an association which has been in existence for more than fifty (50) years;
(5) The number of directors of the association, which must be not less than three (3) and may be any number greater than the required minimum; the term of office of such directors; and the names and addresses of those who are to serve as incorporating directors for the first term, or until the election and qualification of their successors;
(6) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal, and if unequal, the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision or paragraph of the articles of incorporation shall not be altered, amended, or repealed, except by the written consent or vote of three-fourths (3/4) of the members; and
(7) If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value of such stock.
Acts 1984, ch. 864, § 9.
Tenn. Code Ann. § 59-13-111 — TN Code / Title 59 / Chapter 13 / Section 59-13-111
Articles of incorporation - Subscription and acknowledgment - Copies - Evidence
Status: in_force

The articles must be subscribed by the incorporators and acknowledged; and when filed, such articles of incorporation or certified copies of such articles shall be received in all the courts of this state and other places as prima facie evidence of the due incorporation of such association. Acts 1984, ch. 864, § 11.
The articles must be subscribed by the incorporators and acknowledged; and when filed, such articles of incorporation or certified copies of such articles shall be received in all the courts of this state and other places as prima facie evidence of the due incorporation of such association.
Acts 1984, ch. 864, § 11.
Tenn. Code Ann. § 59-8-228 — TN Code / Title 59 / Chapter 8 / Section 59-8-228
Certain exploratory drilling regulated under Mineral Test Hole Regulatory Act exclusively
Status: in_force

Notwithstanding any law to the contrary, any exploration for minerals which is conducted solely by drilling or any other method which results in a drill hole of a diameter of six inches (6") or less shall be regulated only under [former] chapter 9 [repealed] of this title. Acts 1980, ch. 695, § 5.
Notwithstanding any law to the contrary, any exploration for minerals which is conducted solely by drilling or any other method which results in a drill hole of a diameter of six inches (6") or less shall be regulated only under [former] chapter 9 [repealed] of this title.
Acts 1980, ch. 695, § 5.
Tenn. Code Ann. § 59-8-216 — TN Code / Title 59 / Chapter 8 / Section 59-8-216
Commissioner's power to effect reclamation subject to availability of funds
Status: in_force

The commissioner shall have the power to backfill, grade, plant and perform other acts of reclamation or contract for the performance of such reclamation work, on any lands acquired under § 59-8-215 , to the extent and subject to such conditions as state or federal funds are appropriated and available therefor. Acts 1972, ch. 547, § 15; T.C.A., § 58-1554.
The commissioner shall have the power to backfill, grade, plant and perform other acts of reclamation or contract for the performance of such reclamation work, on any lands acquired under § 59-8-215 , to the extent and subject to such conditions as state or federal funds are appropriated and available therefor.
Acts 1972, ch. 547, § 15; T.C.A., § 58-1554.
Tenn. Code Ann. § 59-8-108 — TN Code / Title 59 / Chapter 8 / Section 59-8-108
Performance bonds
Status: in_force

(a) After a surface coal mining and reclamation permit application is approved, but prior to issuance of the permit, the applicant shall file with the commissioner, on a form prescribed and furnished by the commissioner, a bond for performance payable to this state and conditioned on the faithful performance of this part and the permit. The bond shall cover the area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the operator shall file with the commissioner an additional bond or bonds to cover those increments in accordance with this section. The commissioner shall determine the amount of the bond required for each bonded area based upon the reclamation requirements of the approved permit and the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential. The amount of the bond must be sufficient to assure the completion of the reclamation plan if the work had to be performed by the commissioner in the event of forfeiture and in no case shall the bond for the entire area under one (1) permit be less than seventy-five thousand dollars ($75,000). (b) (1) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with operator's responsibility for revegetation requirements in § 59-8-110 . The bond must be executed by the operator and a corporate surety licensed to do business in this state, except that, subject to the approval of the commissioner, the operator may elect to deposit cash, negotiable bonds of the federal government or this state, negotiable certificates of deposit of any bank organized or transacting business in the United States, or any other collateral bonding method authorized by regulations promulgated by the secretary under such conditions as prescribed by the secretary. The cash deposit or market value of such securities shall be equal to or greater than the amount of the bond required for the bonded area. Cash or securities so deposited shall be deposited upon the same terms as the terms upon which surety bonds may be deposited. (2) The commissioner may approve an alternative bonding system if the system will achieve the objectives and purposes of the bonding program pursuant to this section. (c) [Deleted by 2023 amendment.] (d) The commissioner shall adjust the amount of the bond or deposit required and the terms of each acceptance of the operator's bond from time to time as affected land acreages are amended and increased or decreased, as plans are changed, or when the cost of future reclamation changes. Amended by 2023 Tenn. Acts, ch. 401, s 4, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 401, s 3, 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) After a surface coal mining and reclamation permit application is approved, but prior to issuance of the permit, the applicant shall file with the commissioner, on a form prescribed and furnished by the commissioner, a bond for performance payable to this state and conditioned on the faithful performance of this part and the permit. The bond shall cover the area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the operator shall file with the commissioner an additional bond or bonds to cover those increments in accordance with this section. The commissioner shall determine the amount of the bond required for each bonded area based upon the reclamation requirements of the approved permit and the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential. The amount of the bond must be sufficient to assure the completion of the reclamation plan if the work had to be performed by the commissioner in the event of forfeiture and in no case shall the bond for the entire area under one (1) permit be less than seventy-five thousand dollars ($75,000).
(b) (1) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with operator's responsibility for revegetation requirements in § 59-8-110 . The bond must be executed by the operator and a corporate surety licensed to do business in this state, except that, subject to the approval of the commissioner, the operator may elect to deposit cash, negotiable bonds of the federal government or this state, negotiable certificates of deposit of any bank organized or transacting business in the United States, or any other collateral bonding method authorized by regulations promulgated by the secretary under such conditions as prescribed by the secretary. The cash deposit or market value of such securities shall be equal to or greater than the amount of the bond required for the bonded area. Cash or securities so deposited shall be deposited upon the same terms as the terms upon which surety bonds may be deposited. (2) The commissioner may approve an alternative bonding system if the system will achieve the objectives and purposes of the bonding program pursuant to this section.
(1) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with operator's responsibility for revegetation requirements in § 59-8-110 . The bond must be executed by the operator and a corporate surety licensed to do business in this state, except that, subject to the approval of the commissioner, the operator may elect to deposit cash, negotiable bonds of the federal government or this state, negotiable certificates of deposit of any bank organized or transacting business in the United States, or any other collateral bonding method authorized by regulations promulgated by the secretary under such conditions as prescribed by the secretary. The cash deposit or market value of such securities shall be equal to or greater than the amount of the bond required for the bonded area. Cash or securities so deposited shall be deposited upon the same terms as the terms upon which surety bonds may be deposited.
(2) The commissioner may approve an alternative bonding system if the system will achieve the objectives and purposes of the bonding program pursuant to this section.
(c) [Deleted by 2023 amendment.]
(d) The commissioner shall adjust the amount of the bond or deposit required and the terms of each acceptance of the operator's bond from time to time as affected land acreages are amended and increased or decreased, as plans are changed, or when the cost of future reclamation changes.
Amended by 2023 Tenn. Acts, ch. 401, s 4, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 401, s 3, 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. § 59-1-102 — TN Code / Title 59 / Chapter 1 / Section 59-1-102
False statements in statistical reports - Penalty
Status: in_force

(a) It is unlawful for any person required to furnish statistical reports to any state department to knowingly and willfully make a false statement in any detail of such reports. (b) A violation of this section is a Class C misdemeanor. Acts 1953, ch. 86, §§ 94, 95 (Williams, §§ 5638.94, 5638.95); T.C.A. (orig. ed.), § 58-114; Acts 1989, ch. 591, § 113; T.C.A. § 59-1-114 .
(a) It is unlawful for any person required to furnish statistical reports to any state department to knowingly and willfully make a false statement in any detail of such reports.
(b) A violation of this section is a Class C misdemeanor.
Acts 1953, ch. 86, §§ 94, 95 (Williams, §§ 5638.94, 5638.95); T.C.A. (orig. ed.), § 58-114; Acts 1989, ch. 591, § 113; T.C.A. § 59-1-114 .
Tenn. Code Ann. § 59-13-135 — TN Code / Title 59 / Chapter 13 / Section 59-13-135
Interests in other corporations
Status: in_force

An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations with or without capital stock, and engaged in sampling, storing, processing, permitting, reclamation, transporting, marketing, or selling of the coal or the derivatives thereof handled by the association. Acts 1984, ch. 864, § 37.
An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations with or without capital stock, and engaged in sampling, storing, processing, permitting, reclamation, transporting, marketing, or selling of the coal or the derivatives thereof handled by the association.
Acts 1984, ch. 864, § 37.
Tenn. Code Ann. § 59-4-201 — TN Code / Title 59 / Chapter 4 / Section 59-4-201
Evidence of qualifications - Fees - Temporary permits
Status: in_force

(a) (1) Before the issuance of certificates to any applicant, the applicant must give satisfactory evidence to the commissioner of labor and workforce development or the commissioner's authorized representative of the applicant's good conduct, honesty, capability, and sobriety, and shall pay the commissioner or the commissioner's authorized representative for the use and benefit of the state the following fees: (A) For conducting the examination (to be paid when examination is held) twenty-five dollars ($25.00); and (B) For issuance and registration of the certificates, twenty-five dollars ($25.00) to be paid when issued. (2) All fees collected by virtue of this section shall be reported and paid into the state treasury at the end of the month during which the collections are made by the commissioner or the commissioner's authorized representative, to be placed to the credit of the department of labor and workforce development. (b) The commissioner or the commissioner's designee may examine any applicant for a temporary certificate of qualifications, upon request, and if such applicant is found to be competent, the applicant may be issued a temporary permit to act as mine foreman thereunder until the next mine foreman examination is held, when the temporary permit shall expire. Only one (1) such temporary permit shall be issued to any applicant. As a condition for the issuance of a temporary permit, the commissioner or the commissioner's authorized representative is authorized to examine applicants to determine if they are qualified to test for methane with an approved detector. Acts 1915, ch. 169, § 14; Shan., § 3079a106; mod. Code 1932, § 5589; Acts 1953, ch. 86, § 29 (Williams, §§ 5589, 5638.29); Acts 1955, ch. 238, § 6; 1971, ch. 38, § 1; 1972, ch. 458, § 2; T.C.A. (orig. ed.), § 58-404; Acts 1985, ch. 288, §§ 23-25; 1992, ch. 574, §§ 4, 5; 1999, ch. 520, § 43; 2000, ch. 810, § 1.
(a) (1) Before the issuance of certificates to any applicant, the applicant must give satisfactory evidence to the commissioner of labor and workforce development or the commissioner's authorized representative of the applicant's good conduct, honesty, capability, and sobriety, and shall pay the commissioner or the commissioner's authorized representative for the use and benefit of the state the following fees: (A) For conducting the examination (to be paid when examination is held) twenty-five dollars ($25.00); and (B) For issuance and registration of the certificates, twenty-five dollars ($25.00) to be paid when issued. (2) All fees collected by virtue of this section shall be reported and paid into the state treasury at the end of the month during which the collections are made by the commissioner or the commissioner's authorized representative, to be placed to the credit of the department of labor and workforce development.
(1) Before the issuance of certificates to any applicant, the applicant must give satisfactory evidence to the commissioner of labor and workforce development or the commissioner's authorized representative of the applicant's good conduct, honesty, capability, and sobriety, and shall pay the commissioner or the commissioner's authorized representative for the use and benefit of the state the following fees: (A) For conducting the examination (to be paid when examination is held) twenty-five dollars ($25.00); and (B) For issuance and registration of the certificates, twenty-five dollars ($25.00) to be paid when issued.
(A) For conducting the examination (to be paid when examination is held) twenty-five dollars ($25.00); and
(B) For issuance and registration of the certificates, twenty-five dollars ($25.00) to be paid when issued.
(2) All fees collected by virtue of this section shall be reported and paid into the state treasury at the end of the month during which the collections are made by the commissioner or the commissioner's authorized representative, to be placed to the credit of the department of labor and workforce development.
(b) The commissioner or the commissioner's designee may examine any applicant for a temporary certificate of qualifications, upon request, and if such applicant is found to be competent, the applicant may be issued a temporary permit to act as mine foreman thereunder until the next mine foreman examination is held, when the temporary permit shall expire. Only one (1) such temporary permit shall be issued to any applicant. As a condition for the issuance of a temporary permit, the commissioner or the commissioner's authorized representative is authorized to examine applicants to determine if they are qualified to test for methane with an approved detector.
Acts 1915, ch. 169, § 14; Shan., § 3079a106; mod. Code 1932, § 5589; Acts 1953, ch. 86, § 29 (Williams, §§ 5589, 5638.29); Acts 1955, ch. 238, § 6; 1971, ch. 38, § 1; 1972, ch. 458, § 2; T.C.A. (orig. ed.), § 58-404; Acts 1985, ch. 288, §§ 23-25; 1992, ch. 574, §§ 4, 5; 1999, ch. 520, § 43; 2000, ch. 810, § 1.
Tenn. Code Ann. § 59-4-203 — TN Code / Title 59 / Chapter 4 / Section 59-4-203
Contents of certificate - Record by secretary of state
Status: in_force

The certificate shall contain the full name, age, social security number, and place of birth of the applicant; also the length and nature of the applicant's previous experience in and about coal and other mines; and the secretary of state shall, without cost, keep a record in the secretary of state's office of all certificates issued. Acts 1915, ch. 169, § 14; Shan., § 3079a105; Code 1932, § 5588; Acts 1953, ch. 86, § 28 (Williams, §§ 5588, 5638.28); T.C.A. (orig. ed.), § 58-406; Acts 1985, ch. 288, § 26.
The certificate shall contain the full name, age, social security number, and place of birth of the applicant; also the length and nature of the applicant's previous experience in and about coal and other mines; and the secretary of state shall, without cost, keep a record in the secretary of state's office of all certificates issued.
Acts 1915, ch. 169, § 14; Shan., § 3079a105; Code 1932, § 5588; Acts 1953, ch. 86, § 28 (Williams, §§ 5588, 5638.28); T.C.A. (orig. ed.), § 58-406; Acts 1985, ch. 288, § 26.
Tenn. Code Ann. § 59-13-112 — TN Code / Title 59 / Chapter 13 / Section 59-13-112
Amendment of articles
Status: in_force

(a) An amendment must first be approved by two-thirds (2/3) of the directors and then adopted by a vote representing a majority of all the members of the association. (b) However, if at a meeting of the members of the association to which a proposed amendment has been submitted, a majority of the members are not present, then those present and also members voting by proxy may adjourn the meeting to a time and place certain, but not sooner than three (3) weeks from the time of adjournment. Prior to the convening of the adjourned meeting, notices shall be placed in a newspaper of general circulation in the place where the principal office of the association is located each week for three (3) weeks. Such notices shall state the time, place, and purpose of the adjourned meeting. When the meeting reconvenes, the members present in person or by proxy shall constitute the quorum, and may take action on the proposed amendment by a majority vote of those represented, even if fewer than a majority of the total membership of the association. Acts 1984, ch. 864, § 12.
(a) An amendment must first be approved by two-thirds (2/3) of the directors and then adopted by a vote representing a majority of all the members of the association.
(b) However, if at a meeting of the members of the association to which a proposed amendment has been submitted, a majority of the members are not present, then those present and also members voting by proxy may adjourn the meeting to a time and place certain, but not sooner than three (3) weeks from the time of adjournment. Prior to the convening of the adjourned meeting, notices shall be placed in a newspaper of general circulation in the place where the principal office of the association is located each week for three (3) weeks. Such notices shall state the time, place, and purpose of the adjourned meeting. When the meeting reconvenes, the members present in person or by proxy shall constitute the quorum, and may take action on the proposed amendment by a majority vote of those represented, even if fewer than a majority of the total membership of the association.
Acts 1984, ch. 864, § 12.
Tenn. Code Ann. § 59-8-128 — TN Code / Title 59 / Chapter 8 / Section 59-8-128
Effect of part on state law and authority of state agency
Status: in_force

(a) This part does not operate to repeal, supersede, amend, or modify any of the laws of this state relating to the pollution of the air or waters, or any environment and conservation or mining laws, or any rules promulgated pursuant to such laws, but shall be held and construed as ancillary and supplemental thereto. Such laws include, but are not limited to: (1) The Tennessee Air Quality Act, compiled in §§ 68-201-101 - 68-201-121; (2) The Tennessee Solid Waste Disposal Act, compiled in §§ 68-211-101 - 68-211-124; (3) The Water Quality Control Act of 1977, compiled in §§ 69-3-101 - 69-3-148; and (4) Chapters 1 and 4 of this title. (b) Nothing in this part affects the authority of any agency of this state under other provisions of law to include in any lease, license, permit, contract, or other instrument such conditions as may be appropriate to regulate surface coal mining and reclamation operations on land under their jurisdiction. 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 does not operate to repeal, supersede, amend, or modify any of the laws of this state relating to the pollution of the air or waters, or any environment and conservation or mining laws, or any rules promulgated pursuant to such laws, but shall be held and construed as ancillary and supplemental thereto. Such laws include, but are not limited to: (1) The Tennessee Air Quality Act, compiled in §§ 68-201-101 - 68-201-121; (2) The Tennessee Solid Waste Disposal Act, compiled in §§ 68-211-101 - 68-211-124; (3) The Water Quality Control Act of 1977, compiled in §§ 69-3-101 - 69-3-148; and (4) Chapters 1 and 4 of this title.
(1) The Tennessee Air Quality Act, compiled in §§ 68-201-101 - 68-201-121;
(2) The Tennessee Solid Waste Disposal Act, compiled in §§ 68-211-101 - 68-211-124;
(3) The Water Quality Control Act of 1977, compiled in §§ 69-3-101 - 69-3-148; and
(4) Chapters 1 and 4 of this title.
(b) Nothing in this part affects the authority of any agency of this state under other provisions of law to include in any lease, license, permit, contract, or other instrument such conditions as may be appropriate to regulate surface coal mining and reclamation operations on land under their jurisdiction.
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. § 59-12-101 — TN Code / Title 59 / Chapter 12 / Section 59-12-101
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019. Acts 1979, ch. 368, § 1; T.C.A., § 58-1701; 1999, ch. 520, § 43.
Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019.
Acts 1979, ch. 368, § 1; T.C.A., § 58-1701; 1999, ch. 520, § 43.
Tenn. Code Ann. § 59-13-126 — TN Code / Title 59 / Chapter 13 / Section 59-13-126
Preferred stock
Status: in_force

Any association organized with stock under this chapter may issue preferred stock, with or without the right to vote. Such stock may be sold to any person, member or nonmember, and may be redeemable or retireable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate. Acts 1984, ch. 864, § 26.
Any association organized with stock under this chapter may issue preferred stock, with or without the right to vote. Such stock may be sold to any person, member or nonmember, and may be redeemable or retireable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate.
Acts 1984, ch. 864, § 26.
Tenn. Code Ann. § 59-8-132 — TN Code / Title 59 / Chapter 8 / Section 59-8-132
Coal mining protection fund
Status: in_force

(a) There is created a segregated account within the state treasury to be known as the "coal mining protection fund." (b) The fund shall be administered by the commissioner. Unless otherwise provided by this part, all fees, penalties, bond forfeitures and damages collected by the commissioner pursuant to this part and monies received as provided in § 67-7-110 , shall be deposited by the state treasurer into the coal mining protection fund, created in subsection (a), and shall be used by the commissioner to defray expenses necessary to administer this part including administration and enforcement of the requirements of this part; provided, however, that: (1) Penalties shall be segregated in a separate account in the fund to be expended by the commissioner primarily for activities supporting the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977, and for conducting and obtaining investigations, research, experiments, training programs, and demonstrations; and collecting and disseminating information relating to exploration, surface mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface mining for coal; and (2) Bond forfeitures shall be segregated in a separate account in the fund and shall be available to the commissioner for expenditure for the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977; provided, that the proceeds from the forfeiture of any bond shall first be used to the extent required in completing reclamation of the area with respect to which the bond was posted. (c) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 . Unexpended and unobligated funds remaining in the fund at the end of any fiscal year shall not revert to the general fund but shall remain available for the purposes set forth in this part. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. Added by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
(a) There is created a segregated account within the state treasury to be known as the "coal mining protection fund."
(b) The fund shall be administered by the commissioner. Unless otherwise provided by this part, all fees, penalties, bond forfeitures and damages collected by the commissioner pursuant to this part and monies received as provided in § 67-7-110 , shall be deposited by the state treasurer into the coal mining protection fund, created in subsection (a), and shall be used by the commissioner to defray expenses necessary to administer this part including administration and enforcement of the requirements of this part; provided, however, that: (1) Penalties shall be segregated in a separate account in the fund to be expended by the commissioner primarily for activities supporting the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977, and for conducting and obtaining investigations, research, experiments, training programs, and demonstrations; and collecting and disseminating information relating to exploration, surface mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface mining for coal; and (2) Bond forfeitures shall be segregated in a separate account in the fund and shall be available to the commissioner for expenditure for the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977; provided, that the proceeds from the forfeiture of any bond shall first be used to the extent required in completing reclamation of the area with respect to which the bond was posted.
(1) Penalties shall be segregated in a separate account in the fund to be expended by the commissioner primarily for activities supporting the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977, and for conducting and obtaining investigations, research, experiments, training programs, and demonstrations; and collecting and disseminating information relating to exploration, surface mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface mining for coal; and
(2) Bond forfeitures shall be segregated in a separate account in the fund and shall be available to the commissioner for expenditure for the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977; provided, that the proceeds from the forfeiture of any bond shall first be used to the extent required in completing reclamation of the area with respect to which the bond was posted.
(c) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 . Unexpended and unobligated funds remaining in the fund at the end of any fiscal year shall not revert to the general fund but shall remain available for the purposes set forth in this part. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.
Added by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Tenn. Code Ann. § 59-8-115 — TN Code / Title 59 / Chapter 8 / Section 59-8-115
Request for release of all or part of performance bond or deposit
Status: in_force

(a) A permittee may file with the commissioner a request for the release of all or part of a performance bond or deposit. (b) (1) Within thirty (30) days after an application for bond or deposit release has been initiated and filed with the commissioner, the permittee shall submit a copy of an advertisement placed at least once a week for four (4) successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. The advertisement is considered part of any bond release application and shall contain a notification of the precise location of the land affected, the number of acres, the permit number and the date that the permit was approved, the amount of the bond filed and the portion of the bond sought to be released, the type and appropriate dates of reclamation work performed, and a description of the results achieved as the results relate to the operator's approved plan. (2) In addition, as part of any bond release application, the bond release applicant shall submit copies of letters that the bond release applicant has sent to adjoining landowners, local government bodies, planning agencies, and sewage and water treatment authorities, or water companies in the locality in which the surface coal mining and reclamation activities took place, notifying them of the bond release applicant's intention to seek release from the bond. (c) Upon receipt of any notification and request under this section, the commissioner shall, within thirty (30) days, inspect and evaluate the reclamation work involved. The evaluation shall consider, but not be limited to, the degree of difficulty to complete any remaining reclamation, whether pollution of surface or subsurface water is occurring, the probability of continuation of the pollution, and the estimated cost of abating the pollution. The commissioner shall notify the permittee in writing of the commissioner's decision to release or not to release all or part of the performance bond or deposit within sixty (60) days from the filing of the request, if no public hearing is held pursuant to subsection (h), and if a public hearing is held pursuant to subsection (h), within thirty (30) days after the hearing date. (d) The commissioner may release all or part of the bond or deposit when the commissioner is satisfied that the reclamation covered by the bond or deposit, or portion of the bond or deposit, has been accomplished as required by this part according to the following schedule: (1) When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with the operator's approved reclamation plan up to sixty percent (60%) of the bond or deposit for the applicable permit area may be released but the amount of the unreleased portion of the bond or deposit shall not be less than the amount necessary to assure completion of the reclamation work by a third party in the event of default by the operator; (2) After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, the commissioner, when determining the amount of bond to be released after successful revegetation has been established, shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility in § 59-8-110 of reestablishing revegetation. No part of the bond or deposit shall be released under this subdivision (d)(2) so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by § 59-8-110(b)(10) , or until soil productivity for prime farmlands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to § 59-8-106 . Where an impoundment, including but not limited to a silt dam, is to be retained permanently pursuant to § 59-8-110(b)(8) , the portion of bond may be released under this subdivision (d)(2) so long as provisions for sound future maintenance by the operator or the landowner have been made with the commissioner; (3) When the operator has completed successfully all surface coal mining and reclamation activities, the remaining portion of the bond or other collateral may be released, but not before the expiration of the period specified for operator responsibility in § 59-8-110 . No bond shall be fully released until all reclamation requirements of this part are fully met. (e) The permittee shall not be denied access to the mining site for the purposes of completing or maintaining reclamation work because of the expiration of the permittee's lease, until the permittee's entire performance bond has been released. (f) If the commissioner disapproves the application for release of all or part of the bond, the commissioner shall notify the permittee in writing, stating the reasons for disapproval and recommending specific corrective actions necessary to secure the release, and allowing opportunity for a public hearing. (g) When any application for total or partial bond release is filed with the commissioner, the commissioner shall notify the municipality in which the surface coal mining and reclamation operation is located by certified mail at least thirty (30) days prior to the release of all or a portion of the bond. (h) Any person with a valid legal interest, which might be adversely affected by release of all or a portion of the bond, or the responsible officer or head of any federal, state, or local governmental agency that has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation, or is authorized to develop and enforce environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond or deposit to the commissioner within thirty (30) days after the last publication of the newspaper notice provided for in subsection (b). If one (1) or more written objections to a release of bond or deposit is filed, and a hearing requested, the commissioner shall inform all the interested parties of the time and place of the hearing, and hold a public hearing in the locality of the surface coal mining operation proposed for bond release, or at the state capitol, at the option of the objector, within thirty (30) days of the request for a hearing. The commissioner shall advertise the date, time, and location of the public hearing in a newspaper of general circulation in the locality for two (2) consecutive weeks. (i) Without prejudice to the rights of the objectors or the bond release applicant, or the responsibilities of the commissioner, the commissioner may convene an informal conference as provided for in § 59-8-112 to resolve written objections. (j) For the purpose of the hearing, the commissioner is authorized to administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses or production of the materials, and take evidence, including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the bond release applicant in the general vicinity. A verbatim record of each public hearing required by this part shall be made, and a transcript made available on the motion of any party or by order of the commissioner. (k) The bond release applicant or a person with a valid legal interest, which might be adversely affected by release of all or a portion of the bond, aggrieved by a determination of the commissioner under this section may petition the commissioner for a hearing. The hearing shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply. 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) A permittee may file with the commissioner a request for the release of all or part of a performance bond or deposit.
(b) (1) Within thirty (30) days after an application for bond or deposit release has been initiated and filed with the commissioner, the permittee shall submit a copy of an advertisement placed at least once a week for four (4) successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. The advertisement is considered part of any bond release application and shall contain a notification of the precise location of the land affected, the number of acres, the permit number and the date that the permit was approved, the amount of the bond filed and the portion of the bond sought to be released, the type and appropriate dates of reclamation work performed, and a description of the results achieved as the results relate to the operator's approved plan. (2) In addition, as part of any bond release application, the bond release applicant shall submit copies of letters that the bond release applicant has sent to adjoining landowners, local government bodies, planning agencies, and sewage and water treatment authorities, or water companies in the locality in which the surface coal mining and reclamation activities took place, notifying them of the bond release applicant's intention to seek release from the bond.
(1) Within thirty (30) days after an application for bond or deposit release has been initiated and filed with the commissioner, the permittee shall submit a copy of an advertisement placed at least once a week for four (4) successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. The advertisement is considered part of any bond release application and shall contain a notification of the precise location of the land affected, the number of acres, the permit number and the date that the permit was approved, the amount of the bond filed and the portion of the bond sought to be released, the type and appropriate dates of reclamation work performed, and a description of the results achieved as the results relate to the operator's approved plan.
(2) In addition, as part of any bond release application, the bond release applicant shall submit copies of letters that the bond release applicant has sent to adjoining landowners, local government bodies, planning agencies, and sewage and water treatment authorities, or water companies in the locality in which the surface coal mining and reclamation activities took place, notifying them of the bond release applicant's intention to seek release from the bond.
(c) Upon receipt of any notification and request under this section, the commissioner shall, within thirty (30) days, inspect and evaluate the reclamation work involved. The evaluation shall consider, but not be limited to, the degree of difficulty to complete any remaining reclamation, whether pollution of surface or subsurface water is occurring, the probability of continuation of the pollution, and the estimated cost of abating the pollution. The commissioner shall notify the permittee in writing of the commissioner's decision to release or not to release all or part of the performance bond or deposit within sixty (60) days from the filing of the request, if no public hearing is held pursuant to subsection (h), and if a public hearing is held pursuant to subsection (h), within thirty (30) days after the hearing date.
(d) The commissioner may release all or part of the bond or deposit when the commissioner is satisfied that the reclamation covered by the bond or deposit, or portion of the bond or deposit, has been accomplished as required by this part according to the following schedule: (1) When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with the operator's approved reclamation plan up to sixty percent (60%) of the bond or deposit for the applicable permit area may be released but the amount of the unreleased portion of the bond or deposit shall not be less than the amount necessary to assure completion of the reclamation work by a third party in the event of default by the operator; (2) After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, the commissioner, when determining the amount of bond to be released after successful revegetation has been established, shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility in § 59-8-110 of reestablishing revegetation. No part of the bond or deposit shall be released under this subdivision (d)(2) so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by § 59-8-110(b)(10) , or until soil productivity for prime farmlands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to § 59-8-106 . Where an impoundment, including but not limited to a silt dam, is to be retained permanently pursuant to § 59-8-110(b)(8) , the portion of bond may be released under this subdivision (d)(2) so long as provisions for sound future maintenance by the operator or the landowner have been made with the commissioner; (3) When the operator has completed successfully all surface coal mining and reclamation activities, the remaining portion of the bond or other collateral may be released, but not before the expiration of the period specified for operator responsibility in § 59-8-110 . No bond shall be fully released until all reclamation requirements of this part are fully met.
(1) When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with the operator's approved reclamation plan up to sixty percent (60%) of the bond or deposit for the applicable permit area may be released but the amount of the unreleased portion of the bond or deposit shall not be less than the amount necessary to assure completion of the reclamation work by a third party in the event of default by the operator;
(2) After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, the commissioner, when determining the amount of bond to be released after successful revegetation has been established, shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility in § 59-8-110 of reestablishing revegetation. No part of the bond or deposit shall be released under this subdivision (d)(2) so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by § 59-8-110(b)(10) , or until soil productivity for prime farmlands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to § 59-8-106 . Where an impoundment, including but not limited to a silt dam, is to be retained permanently pursuant to § 59-8-110(b)(8) , the portion of bond may be released under this subdivision (d)(2) so long as provisions for sound future maintenance by the operator or the landowner have been made with the commissioner;
(3) When the operator has completed successfully all surface coal mining and reclamation activities, the remaining portion of the bond or other collateral may be released, but not before the expiration of the period specified for operator responsibility in § 59-8-110 . No bond shall be fully released until all reclamation requirements of this part are fully met.
(e) The permittee shall not be denied access to the mining site for the purposes of completing or maintaining reclamation work because of the expiration of the permittee's lease, until the permittee's entire performance bond has been released.
(f) If the commissioner disapproves the application for release of all or part of the bond, the commissioner shall notify the permittee in writing, stating the reasons for disapproval and recommending specific corrective actions necessary to secure the release, and allowing opportunity for a public hearing.
(g) When any application for total or partial bond release is filed with the commissioner, the commissioner shall notify the municipality in which the surface coal mining and reclamation operation is located by certified mail at least thirty (30) days prior to the release of all or a portion of the bond.
(h) Any person with a valid legal interest, which might be adversely affected by release of all or a portion of the bond, or the responsible officer or head of any federal, state, or local governmental agency that has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation, or is authorized to develop and enforce environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond or deposit to the commissioner within thirty (30) days after the last publication of the newspaper notice provided for in subsection (b). If one (1) or more written objections to a release of bond or deposit is filed, and a hearing requested, the commissioner shall inform all the interested parties of the time and place of the hearing, and hold a public hearing in the locality of the surface coal mining operation proposed for bond release, or at the state capitol, at the option of the objector, within thirty (30) days of the request for a hearing. The commissioner shall advertise the date, time, and location of the public hearing in a newspaper of general circulation in the locality for two (2) consecutive weeks.
(i) Without prejudice to the rights of the objectors or the bond release applicant, or the responsibilities of the commissioner, the commissioner may convene an informal conference as provided for in § 59-8-112 to resolve written objections.
(j) For the purpose of the hearing, the commissioner is authorized to administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses or production of the materials, and take evidence, including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the bond release applicant in the general vicinity. A verbatim record of each public hearing required by this part shall be made, and a transcript made available on the motion of any party or by order of the commissioner.
(k) The bond release applicant or a person with a valid legal interest, which might be adversely affected by release of all or a portion of the bond, aggrieved by a determination of the commissioner under this section may petition the commissioner for a hearing. The hearing shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply.
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. § 59-12-108 — TN Code / Title 59 / Chapter 12 / Section 59-12-108
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019. Acts 1992, ch. 574, § 9.
Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019.
Acts 1992, ch. 574, § 9.
Tenn. Code Ann. § 59-8-401 — TN Code / Title 59 / Chapter 8 / Section 59-8-401
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 1.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 1.
Tenn. Code Ann. § 59-13-142 — TN Code / Title 59 / Chapter 13 / Section 59-13-142
Exemption for subsidiaries
Status: in_force

All corporations organized as subsidiaries and controlled by any coal cooperative association formed in accordance with the laws of this state shall not be considered corporations organized for profit and doing business in Tennessee, or subject to any privilege tax levied by any law as a tax for the privilege of doing business for profit in Tennessee, it being the legislative intent to exempt by this section all such subsidiary corporations controlled by coal cooperative associations, where any and all profits earned by such subsidiary corporations are paid over to or expended for the benefit of such coal cooperative associations, with the result that the activities carried on by such corporations eventually promote and benefit the coal interest of this state. Acts 1984, ch. 864, § 46.
All corporations organized as subsidiaries and controlled by any coal cooperative association formed in accordance with the laws of this state shall not be considered corporations organized for profit and doing business in Tennessee, or subject to any privilege tax levied by any law as a tax for the privilege of doing business for profit in Tennessee, it being the legislative intent to exempt by this section all such subsidiary corporations controlled by coal cooperative associations, where any and all profits earned by such subsidiary corporations are paid over to or expended for the benefit of such coal cooperative associations, with the result that the activities carried on by such corporations eventually promote and benefit the coal interest of this state.
Acts 1984, ch. 864, § 46.
Tenn. Code Ann. § 59-13-103 — TN Code / Title 59 / Chapter 13 / Section 59-13-103
Chapter definitions
Status: in_force

As used in this chapter, the following definitions shall have the meanings set out unless the context clearly indicates otherwise: (1) "Association" means any corporation organized under this chapter. Associations organized hereunder shall be deemed "nonprofit," inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers; (2) "Coal" means coal and all of its derivatives; (3) "Member" means actual members of associations without capital stock, and holders of common stock in associations organized with capital stock; and (4) "Person" means any individual, firm, partnership, corporation, and association. Acts 1984, ch. 864, § 3.
As used in this chapter, the following definitions shall have the meanings set out unless the context clearly indicates otherwise:
(1) "Association" means any corporation organized under this chapter. Associations organized hereunder shall be deemed "nonprofit," inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers;
(2) "Coal" means coal and all of its derivatives;
(3) "Member" means actual members of associations without capital stock, and holders of common stock in associations organized with capital stock; and
(4) "Person" means any individual, firm, partnership, corporation, and association.
Acts 1984, ch. 864, § 3.
Tenn. Code Ann. § 59-8-130 — TN Code / Title 59 / Chapter 8 / Section 59-8-130
Compliance with part by governmental entity
Status: in_force

Any agency, unit, or instrumentality of state, federal, or local government, including any publicly owned utility or publicly owned corporation of state, federal, or local government, that proposes to engage in exploration or mining operations that are subject to this part, shall comply with this part. 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.
Any agency, unit, or instrumentality of state, federal, or local government, including any publicly owned utility or publicly owned corporation of state, federal, or local government, that proposes to engage in exploration or mining operations that are subject to this part, shall comply with this part.
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.