Tenn. Code Ann. § 59-8-122 — TN Code / Title 59 / Chapter 8 / Section 59-8-122
Protection of interest in water resources affected by mining operation - Replacement of water supply - Repair or compensation for subsidence damage
Status: in_force

(a) Nothing in this part affects the right of any person to enforce or protect, under applicable law, that person's interest in water resources affected by a mining operation. (b) The permittee or operator of a surface coal mine shall replace the water supply of an owner of an interest in real property who obtains all or part of that owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source when the water supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation. (c) (1) Underground coal mining operations conducted in this state after October 24, 1992, shall: (A) Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or noncommercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or noncommercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto, or noncommercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancelable premium-prepaid insurance policy; and (B) Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. (2) Nothing in this subsection (c) prohibits or interrupts underground coal mining operations. Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021. Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
(a) Nothing in this part affects the right of any person to enforce or protect, under applicable law, that person's interest in water resources affected by a mining operation.
(b) The permittee or operator of a surface coal mine shall replace the water supply of an owner of an interest in real property who obtains all or part of that owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source when the water supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation.
(c) (1) Underground coal mining operations conducted in this state after October 24, 1992, shall: (A) Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or noncommercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or noncommercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto, or noncommercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancelable premium-prepaid insurance policy; and (B) Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. (2) Nothing in this subsection (c) prohibits or interrupts underground coal mining operations.
(1) Underground coal mining operations conducted in this state after October 24, 1992, shall: (A) Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or noncommercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or noncommercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto, or noncommercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancelable premium-prepaid insurance policy; and (B) Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations.
(A) Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or noncommercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or noncommercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto, or noncommercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancelable premium-prepaid insurance policy; and
(B) Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations.
(2) Nothing in this subsection (c) prohibits or interrupts underground coal mining operations.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-8-111 — TN Code / Title 59 / Chapter 8 / Section 59-8-111
Requirements to conduct underground coal mining operations - Promulgation of rules - Requirements for operator - Suspension of underground coal mining
Status: in_force

(a) No person shall conduct underground coal mining operations until that person obtains a permit limiting and controlling the surface effects of the mining, pays the fees required by § 59-8-107 , and posts a performance bond conditioned on satisfactory reclamation of the surface disturbances of the underground coal mining operations under § 59-8-108 . (b) The commissioner shall promulgate rules that are designed to minimize the surface effects of underground coal mining operations; however, in adopting rules, the commissioner shall consider the distinct difference between surface coal mining and underground coal mining. The rules shall not conflict with nor supersede the federal Coal Mine Health and Safety Act of 1969 ( 30 U.S.C. § 801 et seq.), or any regulation issued pursuant to that act. (c) Each permit issued under this part and relating to underground coal mining shall require the operator to: (1) Adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of such surface lands, except in those instances where the mining technology used requires planned subsidence in a predictable and controlled manner; provided, that nothing in this subdivision (c)(1) prohibits the standard method of room and pillar mining; (2) Seal all portals, entryways, drifts, shafts, or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations; (3) Fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically feasible return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or excavations; (4) With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine workings or excavations, stabilize all waste piles created by the permittee from current operations through construction in compacted layers including the use of incombustible and impervious materials if necessary and assure that the leachate will not degrade surface or groundwaters below water quality standards established pursuant to applicable federal and state law and that the final contour of the waste accumulation will be compatible with natural surroundings and that the site is stabilized and revegetated according to this section; (5) Design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon, in accordance with the standards and criteria developed pursuant to § 59-8-110 , all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes and used either temporarily or permanently as dams or embankments; (6) Establish on regraded areas and all other lands affected, a diverse and permanent vegetative cover capable of self-regeneration and plant succession and at least equal in extent of cover to the natural vegetation of the area; (7) Protect offsite areas from damages that may result from such mining operations; (8) Eliminate fire hazards and otherwise eliminate conditions that constitute a hazard to health and safety of the public; (9) Minimize the disturbances of the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quantity of water in surface and groundwater systems both during and after coal mining operations and during reclamation by: (A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) Preventing or removing water from contact with toxic producing deposits; (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; and (B) Conducting surface coal mining operations to prevent, to the extent possible, using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the permit area (but in no event shall such contributions be in excess of requirements set by applicable state or federal law), and avoiding channel deepening or enlargement in operations requiring the discharge of water from mines; (10) With respect to other surface impacts not specified in this subsection (c), including the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities, operate in accordance with the standards established under § 53-3-110 for such effects which result from surface coal mining operations; provided, that the commissioner shall make modifications in the requirements imposed by this subdivision (b)(10) that are necessary to accommodate the distinct difference between surface and underground coal mining; (11) To the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; and (12) Locate openings for all new drift mines working acid-producing or iron-producing coal seams in such a manner as to prevent a gravity discharge of water from the mine. (d) In order to protect the stability of the land, the commissioner shall suspend underground coal mining under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or permanent streams, if the commissioner finds an imminent danger to inhabitants of the urbanized areas, cities, towns, and communities. (e) The requirements of this part relating to permits, bonds, inspections and enforcement, public review, and administrative and judicial review shall apply to surface operations and surface impacts incidental to an underground coal mine with modifications to permit application requirements, permit approval or denial procedures, and bond requirements that are necessary to accommodate the distinct difference between surface coal mining and underground coal mining. The commissioner shall promulgate rules for the modifications for underground coal mines. Amended by 2023 Tenn. Acts, ch. 401, s 6, eff. 5/11/2023. Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021. Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
(a) No person shall conduct underground coal mining operations until that person obtains a permit limiting and controlling the surface effects of the mining, pays the fees required by § 59-8-107 , and posts a performance bond conditioned on satisfactory reclamation of the surface disturbances of the underground coal mining operations under § 59-8-108 .
(b) The commissioner shall promulgate rules that are designed to minimize the surface effects of underground coal mining operations; however, in adopting rules, the commissioner shall consider the distinct difference between surface coal mining and underground coal mining. The rules shall not conflict with nor supersede the federal Coal Mine Health and Safety Act of 1969 ( 30 U.S.C. § 801 et seq.), or any regulation issued pursuant to that act.
(c) Each permit issued under this part and relating to underground coal mining shall require the operator to: (1) Adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of such surface lands, except in those instances where the mining technology used requires planned subsidence in a predictable and controlled manner; provided, that nothing in this subdivision (c)(1) prohibits the standard method of room and pillar mining; (2) Seal all portals, entryways, drifts, shafts, or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations; (3) Fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically feasible return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or excavations; (4) With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine workings or excavations, stabilize all waste piles created by the permittee from current operations through construction in compacted layers including the use of incombustible and impervious materials if necessary and assure that the leachate will not degrade surface or groundwaters below water quality standards established pursuant to applicable federal and state law and that the final contour of the waste accumulation will be compatible with natural surroundings and that the site is stabilized and revegetated according to this section; (5) Design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon, in accordance with the standards and criteria developed pursuant to § 59-8-110 , all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes and used either temporarily or permanently as dams or embankments; (6) Establish on regraded areas and all other lands affected, a diverse and permanent vegetative cover capable of self-regeneration and plant succession and at least equal in extent of cover to the natural vegetation of the area; (7) Protect offsite areas from damages that may result from such mining operations; (8) Eliminate fire hazards and otherwise eliminate conditions that constitute a hazard to health and safety of the public; (9) Minimize the disturbances of the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quantity of water in surface and groundwater systems both during and after coal mining operations and during reclamation by: (A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) Preventing or removing water from contact with toxic producing deposits; (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; and (B) Conducting surface coal mining operations to prevent, to the extent possible, using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the permit area (but in no event shall such contributions be in excess of requirements set by applicable state or federal law), and avoiding channel deepening or enlargement in operations requiring the discharge of water from mines; (10) With respect to other surface impacts not specified in this subsection (c), including the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities, operate in accordance with the standards established under § 53-3-110 for such effects which result from surface coal mining operations; provided, that the commissioner shall make modifications in the requirements imposed by this subdivision (b)(10) that are necessary to accommodate the distinct difference between surface and underground coal mining; (11) To the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; and (12) Locate openings for all new drift mines working acid-producing or iron-producing coal seams in such a manner as to prevent a gravity discharge of water from the mine.
(1) Adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of such surface lands, except in those instances where the mining technology used requires planned subsidence in a predictable and controlled manner; provided, that nothing in this subdivision (c)(1) prohibits the standard method of room and pillar mining;
(2) Seal all portals, entryways, drifts, shafts, or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations;
(3) Fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically feasible return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or excavations;
(4) With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine workings or excavations, stabilize all waste piles created by the permittee from current operations through construction in compacted layers including the use of incombustible and impervious materials if necessary and assure that the leachate will not degrade surface or groundwaters below water quality standards established pursuant to applicable federal and state law and that the final contour of the waste accumulation will be compatible with natural surroundings and that the site is stabilized and revegetated according to this section;
(5) Design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon, in accordance with the standards and criteria developed pursuant to § 59-8-110 , all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes and used either temporarily or permanently as dams or embankments;
(6) Establish on regraded areas and all other lands affected, a diverse and permanent vegetative cover capable of self-regeneration and plant succession and at least equal in extent of cover to the natural vegetation of the area;
(7) Protect offsite areas from damages that may result from such mining operations;
(8) Eliminate fire hazards and otherwise eliminate conditions that constitute a hazard to health and safety of the public;
(9) Minimize the disturbances of the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quantity of water in surface and groundwater systems both during and after coal mining operations and during reclamation by: (A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) Preventing or removing water from contact with toxic producing deposits; (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; and (B) Conducting surface coal mining operations to prevent, to the extent possible, using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the permit area (but in no event shall such contributions be in excess of requirements set by applicable state or federal law), and avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;
(A) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) Preventing or removing water from contact with toxic producing deposits; (ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; and
(i) Preventing or removing water from contact with toxic producing deposits;
(ii) Treating drainage to reduce toxic content that adversely affects downstream water upon being released to water courses; and
(iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; and
(B) Conducting surface coal mining operations to prevent, to the extent possible, using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the permit area (but in no event shall such contributions be in excess of requirements set by applicable state or federal law), and avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;
(10) With respect to other surface impacts not specified in this subsection (c), including the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities, operate in accordance with the standards established under § 53-3-110 for such effects which result from surface coal mining operations; provided, that the commissioner shall make modifications in the requirements imposed by this subdivision (b)(10) that are necessary to accommodate the distinct difference between surface and underground coal mining;
(11) To the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; and
(12) Locate openings for all new drift mines working acid-producing or iron-producing coal seams in such a manner as to prevent a gravity discharge of water from the mine.
(d) In order to protect the stability of the land, the commissioner shall suspend underground coal mining under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or permanent streams, if the commissioner finds an imminent danger to inhabitants of the urbanized areas, cities, towns, and communities.
(e) The requirements of this part relating to permits, bonds, inspections and enforcement, public review, and administrative and judicial review shall apply to surface operations and surface impacts incidental to an underground coal mine with modifications to permit application requirements, permit approval or denial procedures, and bond requirements that are necessary to accommodate the distinct difference between surface coal mining and underground coal mining. The commissioner shall promulgate rules for the modifications for underground coal mines.
Amended by 2023 Tenn. Acts, ch. 401, s 6, 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. § 59-8-113 — TN Code / Title 59 / Chapter 8 / Section 59-8-113
Application for revision of permit - Approval required for transfer, assignment, or sale of rights granted under permit Review of outstanding surface coal mining and reclamation operation permits
Status: in_force

(a) (1) During the term of the permit, the permittee may submit to the commissioner an application for a revision of the permit, together with a revised reclamation plan. The commissioner may also require the revision of a permit or a mining or reclamation plan if the present plan is inadequate to protect the public and the environment consistent with this part subject to the requirements of subdivision (a)(2). (2) The commissioner shall not approve an application for a revision of a permit unless the commissioner finds that the revision meets all the standards of this part and the commissioner's rules including that reclamation as required by the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.) and this part can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by the commissioner. The commissioner shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, apply. Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements. (3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit. (b) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this part shall be made without the commissioner's written approval. (c) In addition to any other review required by federal law or regulations, the commissioner shall, within a time limit prescribed in rules promulgated by the commissioner, review outstanding surface coal mining and reclamation operation permits. The commissioner may require reasonable revision or modification of the permit provisions during the term of the permit; provided, that the revision or modification is based upon a written finding and subject to notice and hearing requirements established by the commissioner. 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) During the term of the permit, the permittee may submit to the commissioner an application for a revision of the permit, together with a revised reclamation plan. The commissioner may also require the revision of a permit or a mining or reclamation plan if the present plan is inadequate to protect the public and the environment consistent with this part subject to the requirements of subdivision (a)(2). (2) The commissioner shall not approve an application for a revision of a permit unless the commissioner finds that the revision meets all the standards of this part and the commissioner's rules including that reclamation as required by the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.) and this part can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by the commissioner. The commissioner shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, apply. Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements. (3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.
(1) During the term of the permit, the permittee may submit to the commissioner an application for a revision of the permit, together with a revised reclamation plan. The commissioner may also require the revision of a permit or a mining or reclamation plan if the present plan is inadequate to protect the public and the environment consistent with this part subject to the requirements of subdivision (a)(2).
(2) The commissioner shall not approve an application for a revision of a permit unless the commissioner finds that the revision meets all the standards of this part and the commissioner's rules including that reclamation as required by the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.) and this part can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by the commissioner. The commissioner shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, apply. Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.
(b) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this part shall be made without the commissioner's written approval.
(c) In addition to any other review required by federal law or regulations, the commissioner shall, within a time limit prescribed in rules promulgated by the commissioner, review outstanding surface coal mining and reclamation operation permits. The commissioner may require reasonable revision or modification of the permit provisions during the term of the permit; provided, that the revision or modification is based upon a written finding and subject to notice and hearing requirements established by the commissioner.
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. § 59-8-205 — TN Code / Title 59 / Chapter 8 / Section 59-8-205
Permits, requirements and criteria - Amendment - Appeal upon failure to grant - Renewal
Status: in_force

(a) No operator shall engage in surface mining without having first obtained from the commissioner a permit therefor. This permit shall authorize the operator to engage in surface mining upon the area of land described in the operator's application for a period not to exceed five (5) years from the date of its issuance. Such permit shall be granted by the commissioner only if the requirements and criteria set forth in subdivisions (a)(3)-(9) and any rules and regulations pertaining to those requirements are satisfied, and only upon the submission by the operator and approval by the commissioner of a bond as provided in § 59-8-207 and a mining and reclamation plan as provided in § 59-8-208 . (1) The granting of such permit shall also be subject to payment by the operator of the fee prescribed in § 59-8-206 and upon submission of the following information: (A) The name and permanent address of the operator as well as any temporary address to be used by the operator in connection with the operation covered by the permit. If the operator is other than an individual or corporation, the names and permanent addresses of all persons having an interest in the operation shall be listed. If the operation is a corporation, the names and permanent addresses of all persons owning ten percent (10%) or more of the stock shall be listed; (B) A map showing the general location of the affected area with relation to property lines, nearby towns, county lines, public roads, and streams; (C) Identification of any surface mining permit or permits which the operator (or any person having an interest in the operation) holds or has previously held in Tennessee, together with a statement of whether or not any surface mine permit previously held by applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation or revegetation requirements of such surface mining permit or permits, and a statement of whether or not any surface mine permit in any other state previously held by the applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation and revegetation requirements of such permit and the penalty imposed, if any, in addition to such suspension, revocation or termination; (D) Identification of the owner or owners or designated representative of the surface of the area affected by the permit, and the identification of the owner or owners of all surface area within five hundred feet (500') of any part of the area; (E) Identification of the owner or owners of the minerals to be mined; (F) Identification of the source of the operator's legal right to enter and mine the minerals on the land affected by the permit; and (G) A copy of the operator's discharge permit from the division of water quality control, or a letter from the division of water management stating that no discharge will take place and, therefore, no permit is required. (2) The commissioner may provide for amendment of the permit of any operator who is otherwise complying with the provisions of this part upon payment of the specified supplemental fee. If the application for an amendment of the permit provides for an increase or reduction in the acreage covered by it, the operator shall specify in writing any pertinent changes in the information furnished in the original application for a permit, and shall amend the bond and the mining and reclamation plan previously submitted, as necessary or appropriate to carry out the provisions of this part. The commissioner's approval of a proposed amendment of the permit shall be subject to the commissioner's approval of the revised (or a new) bond and mining and reclamation plan, and further, subject to the commissioner's determination that the amendment satisfies the requirements and criteria set forth in subdivisions (a)(3)-(9), as well as any rules and regulations pertaining to those requirements. (3) An on-the-ground inspection of the proposed affected area will be made by the commissioner or the commissioner's representative before a permit is issued. (4) No application for a permit shall be approved by the commissioner if there is found, on the basis of the information set forth in the application or by on-the-ground inspection, that the requirements of this part, or regulations stemming therefrom, will not or cannot be observed, or that there is probable cause to believe that the proposed method of operation, road system construction, shaping or revegetation of the affected area cannot be carried out in a manner consistent with the purpose of this part and applicable air, noise, and water quality standards of this state. (5) If the commissioner finds that the overburden on any part of the area of land described in the application would be such that landslides, deposition of sediment in stream beds or water pollution cannot be strictly controlled, the commissioner shall delete such part of the land from the area for which the permit is granted. (6) No permit for mining shall be granted if: (A) The applicant has had a Tennessee surface mine permit revoked or suspended and the bond forfeited; (B) The applicant is or was a partner in a partnership or was an officer, director or owner of ten percent (10%) or more of the stock of a corporation which has had a Tennessee surface mine permit revoked or suspended and the bond forfeited; or (C) In the event that the applicant is a corporation or partnership, any partner in the partnership, or any officer, director or owner of ten percent (10%) or more of the stock of the corporation has had a Tennessee surface mine permit revoked or suspended and bond forfeited; unless the area covered by the previously suspended or revoked permit has been completely reclaimed by the responsible operator in compliance with the provisions of this part at no cost to the state. (7) If the commissioner finds that any part of the operation would constitute a hazard to a dwelling house, public building, school, church, cemetery, commercial or institutional building, public road, stream, lake, reservoir, water wells, officially designated scenic areas or other private or public property, the commissioner shall delete such part of the land from the area for which the permit is granted. (8) The applicant for a surface mining permit shall give public notice at least one (1) day prior to the filing of an application in a newspaper of general circulation covering the county where the proposed surface mine is to be located of the applicant's intent to operate a surface mine, and its proposed location. The information to be included in the public notice shall conform to regulations issued by the commissioner. In addition, the commissioner will receive any written statements from any interested person or groups of persons, and such statements shall be taken into consideration when the commissioner makes a determination of the application. The commissioner shall then, in not less than forty-five (45) nor more than sixty (60) days from the filing of the application for a permit, either approve application or notify the operator in writing, stating in detail the reason for not approving the application. If the application is approved, the permit will be granted upon the posting of the required bond. The action on the part of the commissioner in failing to grant any permit may be appealed to the board and the courts as provided in the Tennessee Coal Surface Mining Law of 1980, compiled in part 3 of this chapter. (9) Any holder of a valid surface mining permit issued pursuant to this part who wishes to continue the operation beyond the original permit expiration date shall make application for renewal within sixty (60) days prior to the expiration date of such permit, and upon meeting the requirements set forth in subdivisions (a)(1)-(9), and any rules and regulations pertaining to those requirements, the renewal shall be granted. (b) Permits and the associated applications, hearings, and other actions required by this section and part shall be conducted in accordance with title 13, chapter 18 when the permit or action involves a major energy project, as defined in § 13-18-102 . Acts 1972, ch. 547, § 5; 1974, ch. 590, §§ 3, 4; 1976, ch. 605, §1; 1977, ch. 164, §§ 2, 4; T.C.A., § 58-1544; Acts 1980, ch. 695, § 2; 1980, ch. 908, § 40; 1981, ch. 131, § 37; 1990, ch. 890, §§ 1, 2.
(a) No operator shall engage in surface mining without having first obtained from the commissioner a permit therefor. This permit shall authorize the operator to engage in surface mining upon the area of land described in the operator's application for a period not to exceed five (5) years from the date of its issuance. Such permit shall be granted by the commissioner only if the requirements and criteria set forth in subdivisions (a)(3)-(9) and any rules and regulations pertaining to those requirements are satisfied, and only upon the submission by the operator and approval by the commissioner of a bond as provided in § 59-8-207 and a mining and reclamation plan as provided in § 59-8-208 . (1) The granting of such permit shall also be subject to payment by the operator of the fee prescribed in § 59-8-206 and upon submission of the following information: (A) The name and permanent address of the operator as well as any temporary address to be used by the operator in connection with the operation covered by the permit. If the operator is other than an individual or corporation, the names and permanent addresses of all persons having an interest in the operation shall be listed. If the operation is a corporation, the names and permanent addresses of all persons owning ten percent (10%) or more of the stock shall be listed; (B) A map showing the general location of the affected area with relation to property lines, nearby towns, county lines, public roads, and streams; (C) Identification of any surface mining permit or permits which the operator (or any person having an interest in the operation) holds or has previously held in Tennessee, together with a statement of whether or not any surface mine permit previously held by applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation or revegetation requirements of such surface mining permit or permits, and a statement of whether or not any surface mine permit in any other state previously held by the applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation and revegetation requirements of such permit and the penalty imposed, if any, in addition to such suspension, revocation or termination; (D) Identification of the owner or owners or designated representative of the surface of the area affected by the permit, and the identification of the owner or owners of all surface area within five hundred feet (500') of any part of the area; (E) Identification of the owner or owners of the minerals to be mined; (F) Identification of the source of the operator's legal right to enter and mine the minerals on the land affected by the permit; and (G) A copy of the operator's discharge permit from the division of water quality control, or a letter from the division of water management stating that no discharge will take place and, therefore, no permit is required. (2) The commissioner may provide for amendment of the permit of any operator who is otherwise complying with the provisions of this part upon payment of the specified supplemental fee. If the application for an amendment of the permit provides for an increase or reduction in the acreage covered by it, the operator shall specify in writing any pertinent changes in the information furnished in the original application for a permit, and shall amend the bond and the mining and reclamation plan previously submitted, as necessary or appropriate to carry out the provisions of this part. The commissioner's approval of a proposed amendment of the permit shall be subject to the commissioner's approval of the revised (or a new) bond and mining and reclamation plan, and further, subject to the commissioner's determination that the amendment satisfies the requirements and criteria set forth in subdivisions (a)(3)-(9), as well as any rules and regulations pertaining to those requirements. (3) An on-the-ground inspection of the proposed affected area will be made by the commissioner or the commissioner's representative before a permit is issued. (4) No application for a permit shall be approved by the commissioner if there is found, on the basis of the information set forth in the application or by on-the-ground inspection, that the requirements of this part, or regulations stemming therefrom, will not or cannot be observed, or that there is probable cause to believe that the proposed method of operation, road system construction, shaping or revegetation of the affected area cannot be carried out in a manner consistent with the purpose of this part and applicable air, noise, and water quality standards of this state. (5) If the commissioner finds that the overburden on any part of the area of land described in the application would be such that landslides, deposition of sediment in stream beds or water pollution cannot be strictly controlled, the commissioner shall delete such part of the land from the area for which the permit is granted. (6) No permit for mining shall be granted if: (A) The applicant has had a Tennessee surface mine permit revoked or suspended and the bond forfeited; (B) The applicant is or was a partner in a partnership or was an officer, director or owner of ten percent (10%) or more of the stock of a corporation which has had a Tennessee surface mine permit revoked or suspended and the bond forfeited; or (C) In the event that the applicant is a corporation or partnership, any partner in the partnership, or any officer, director or owner of ten percent (10%) or more of the stock of the corporation has had a Tennessee surface mine permit revoked or suspended and bond forfeited; unless the area covered by the previously suspended or revoked permit has been completely reclaimed by the responsible operator in compliance with the provisions of this part at no cost to the state. (7) If the commissioner finds that any part of the operation would constitute a hazard to a dwelling house, public building, school, church, cemetery, commercial or institutional building, public road, stream, lake, reservoir, water wells, officially designated scenic areas or other private or public property, the commissioner shall delete such part of the land from the area for which the permit is granted. (8) The applicant for a surface mining permit shall give public notice at least one (1) day prior to the filing of an application in a newspaper of general circulation covering the county where the proposed surface mine is to be located of the applicant's intent to operate a surface mine, and its proposed location. The information to be included in the public notice shall conform to regulations issued by the commissioner. In addition, the commissioner will receive any written statements from any interested person or groups of persons, and such statements shall be taken into consideration when the commissioner makes a determination of the application. The commissioner shall then, in not less than forty-five (45) nor more than sixty (60) days from the filing of the application for a permit, either approve application or notify the operator in writing, stating in detail the reason for not approving the application. If the application is approved, the permit will be granted upon the posting of the required bond. The action on the part of the commissioner in failing to grant any permit may be appealed to the board and the courts as provided in the Tennessee Coal Surface Mining Law of 1980, compiled in part 3 of this chapter. (9) Any holder of a valid surface mining permit issued pursuant to this part who wishes to continue the operation beyond the original permit expiration date shall make application for renewal within sixty (60) days prior to the expiration date of such permit, and upon meeting the requirements set forth in subdivisions (a)(1)-(9), and any rules and regulations pertaining to those requirements, the renewal shall be granted.
(1) The granting of such permit shall also be subject to payment by the operator of the fee prescribed in § 59-8-206 and upon submission of the following information: (A) The name and permanent address of the operator as well as any temporary address to be used by the operator in connection with the operation covered by the permit. If the operator is other than an individual or corporation, the names and permanent addresses of all persons having an interest in the operation shall be listed. If the operation is a corporation, the names and permanent addresses of all persons owning ten percent (10%) or more of the stock shall be listed; (B) A map showing the general location of the affected area with relation to property lines, nearby towns, county lines, public roads, and streams; (C) Identification of any surface mining permit or permits which the operator (or any person having an interest in the operation) holds or has previously held in Tennessee, together with a statement of whether or not any surface mine permit previously held by applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation or revegetation requirements of such surface mining permit or permits, and a statement of whether or not any surface mine permit in any other state previously held by the applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation and revegetation requirements of such permit and the penalty imposed, if any, in addition to such suspension, revocation or termination; (D) Identification of the owner or owners or designated representative of the surface of the area affected by the permit, and the identification of the owner or owners of all surface area within five hundred feet (500') of any part of the area; (E) Identification of the owner or owners of the minerals to be mined; (F) Identification of the source of the operator's legal right to enter and mine the minerals on the land affected by the permit; and (G) A copy of the operator's discharge permit from the division of water quality control, or a letter from the division of water management stating that no discharge will take place and, therefore, no permit is required.
(A) The name and permanent address of the operator as well as any temporary address to be used by the operator in connection with the operation covered by the permit. If the operator is other than an individual or corporation, the names and permanent addresses of all persons having an interest in the operation shall be listed. If the operation is a corporation, the names and permanent addresses of all persons owning ten percent (10%) or more of the stock shall be listed;
(B) A map showing the general location of the affected area with relation to property lines, nearby towns, county lines, public roads, and streams;
(C) Identification of any surface mining permit or permits which the operator (or any person having an interest in the operation) holds or has previously held in Tennessee, together with a statement of whether or not any surface mine permit previously held by applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation or revegetation requirements of such surface mining permit or permits, and a statement of whether or not any surface mine permit in any other state previously held by the applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation and revegetation requirements of such permit and the penalty imposed, if any, in addition to such suspension, revocation or termination;
(D) Identification of the owner or owners or designated representative of the surface of the area affected by the permit, and the identification of the owner or owners of all surface area within five hundred feet (500') of any part of the area;
(E) Identification of the owner or owners of the minerals to be mined;
(F) Identification of the source of the operator's legal right to enter and mine the minerals on the land affected by the permit; and
(G) A copy of the operator's discharge permit from the division of water quality control, or a letter from the division of water management stating that no discharge will take place and, therefore, no permit is required.
(2) The commissioner may provide for amendment of the permit of any operator who is otherwise complying with the provisions of this part upon payment of the specified supplemental fee. If the application for an amendment of the permit provides for an increase or reduction in the acreage covered by it, the operator shall specify in writing any pertinent changes in the information furnished in the original application for a permit, and shall amend the bond and the mining and reclamation plan previously submitted, as necessary or appropriate to carry out the provisions of this part. The commissioner's approval of a proposed amendment of the permit shall be subject to the commissioner's approval of the revised (or a new) bond and mining and reclamation plan, and further, subject to the commissioner's determination that the amendment satisfies the requirements and criteria set forth in subdivisions (a)(3)-(9), as well as any rules and regulations pertaining to those requirements.
(3) An on-the-ground inspection of the proposed affected area will be made by the commissioner or the commissioner's representative before a permit is issued.
(4) No application for a permit shall be approved by the commissioner if there is found, on the basis of the information set forth in the application or by on-the-ground inspection, that the requirements of this part, or regulations stemming therefrom, will not or cannot be observed, or that there is probable cause to believe that the proposed method of operation, road system construction, shaping or revegetation of the affected area cannot be carried out in a manner consistent with the purpose of this part and applicable air, noise, and water quality standards of this state.
(5) If the commissioner finds that the overburden on any part of the area of land described in the application would be such that landslides, deposition of sediment in stream beds or water pollution cannot be strictly controlled, the commissioner shall delete such part of the land from the area for which the permit is granted.
(6) No permit for mining shall be granted if: (A) The applicant has had a Tennessee surface mine permit revoked or suspended and the bond forfeited; (B) The applicant is or was a partner in a partnership or was an officer, director or owner of ten percent (10%) or more of the stock of a corporation which has had a Tennessee surface mine permit revoked or suspended and the bond forfeited; or (C) In the event that the applicant is a corporation or partnership, any partner in the partnership, or any officer, director or owner of ten percent (10%) or more of the stock of the corporation has had a Tennessee surface mine permit revoked or suspended and bond forfeited; unless the area covered by the previously suspended or revoked permit has been completely reclaimed by the responsible operator in compliance with the provisions of this part at no cost to the state.
(A) The applicant has had a Tennessee surface mine permit revoked or suspended and the bond forfeited;
(B) The applicant is or was a partner in a partnership or was an officer, director or owner of ten percent (10%) or more of the stock of a corporation which has had a Tennessee surface mine permit revoked or suspended and the bond forfeited; or
(C) In the event that the applicant is a corporation or partnership, any partner in the partnership, or any officer, director or owner of ten percent (10%) or more of the stock of the corporation has had a Tennessee surface mine permit revoked or suspended and bond forfeited; unless the area covered by the previously suspended or revoked permit has been completely reclaimed by the responsible operator in compliance with the provisions of this part at no cost to the state.
unless the area covered by the previously suspended or revoked permit has been completely reclaimed by the responsible operator in compliance with the provisions of this part at no cost to the state.
(7) If the commissioner finds that any part of the operation would constitute a hazard to a dwelling house, public building, school, church, cemetery, commercial or institutional building, public road, stream, lake, reservoir, water wells, officially designated scenic areas or other private or public property, the commissioner shall delete such part of the land from the area for which the permit is granted.
(8) The applicant for a surface mining permit shall give public notice at least one (1) day prior to the filing of an application in a newspaper of general circulation covering the county where the proposed surface mine is to be located of the applicant's intent to operate a surface mine, and its proposed location. The information to be included in the public notice shall conform to regulations issued by the commissioner. In addition, the commissioner will receive any written statements from any interested person or groups of persons, and such statements shall be taken into consideration when the commissioner makes a determination of the application. The commissioner shall then, in not less than forty-five (45) nor more than sixty (60) days from the filing of the application for a permit, either approve application or notify the operator in writing, stating in detail the reason for not approving the application. If the application is approved, the permit will be granted upon the posting of the required bond. The action on the part of the commissioner in failing to grant any permit may be appealed to the board and the courts as provided in the Tennessee Coal Surface Mining Law of 1980, compiled in part 3 of this chapter.
(9) Any holder of a valid surface mining permit issued pursuant to this part who wishes to continue the operation beyond the original permit expiration date shall make application for renewal within sixty (60) days prior to the expiration date of such permit, and upon meeting the requirements set forth in subdivisions (a)(1)-(9), and any rules and regulations pertaining to those requirements, the renewal shall be granted.
(b) Permits and the associated applications, hearings, and other actions required by this section and part shall be conducted in accordance with title 13, chapter 18 when the permit or action involves a major energy project, as defined in § 13-18-102 .
Acts 1972, ch. 547, § 5; 1974, ch. 590, §§ 3, 4; 1976, ch. 605, §1; 1977, ch. 164, §§ 2, 4; T.C.A., § 58-1544; Acts 1980, ch. 695, § 2; 1980, ch. 908, § 40; 1981, ch. 131, § 37; 1990, ch. 890, §§ 1, 2.
Tenn. Code Ann. § 59-8-413 — TN Code / Title 59 / Chapter 8 / Section 59-8-413
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 17.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 17.
Tenn. Code Ann. § 59-13-119 — TN Code / Title 59 / Chapter 13 / Section 59-13-119
Vacancies on board
Status: in_force

When a vacancy on the board of directors occurs, a majority vote of the executive committee shall fill the vacancy. A director elected to fill a vacancy shall be elected for the predecessor's unexpired term in office. Any directorship to be filled by reason of an increase in the number of directors may be filled for such reason by such board of directors for a term of office continuing only until the next regular election of directors. Acts 1984, ch. 864, § 19.
When a vacancy on the board of directors occurs, a majority vote of the executive committee shall fill the vacancy. A director elected to fill a vacancy shall be elected for the predecessor's unexpired term in office. Any directorship to be filled by reason of an increase in the number of directors may be filled for such reason by such board of directors for a term of office continuing only until the next regular election of directors.
Acts 1984, ch. 864, § 19.
Tenn. Code Ann. § 59-8-103 — TN Code / Title 59 / Chapter 8 / Section 59-8-103
Duties of commissioner
Status: in_force

(a) The commissioner shall: (1) Administer the programs for controlling surface coal mining operations that are required by this part and enforce this part, and rules, permits, and orders promulgated or issued under this part; (2) Conduct and obtain investigations, research, experiments, training programs, and demonstrations, and collect and disseminate information relating to exploration, surface coal mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface coal mining; (3) Examine and either approve, request modification of, or disapprove applications for permits, maps, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by applicants; (4) Conduct those investigations and inspections necessary to ensure compliance with this part, including the authority to enter at any time upon a suspected affected area or an affected area for investigations and inspections and the right of ingress and egress across intervening properties; (5) Employ and commission qualified individuals as surface coal mining personnel as provided in § 11-1-101 . When properly qualified and commissioned, surface coal mining personnel shall enforce all laws, rules, permits, and orders administered by the commissioner under this part, including, but not limited to, authorization to serve process; (6) Conduct hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and production of written or printed material as provided for in this part; (7) Issue cease-and-desist orders and other orders as authorized by this part, in the office or on-site, requiring the adoption by a person of remedial measures necessary for carrying out this part or permits issued under this part; (8) Order the suspension, revocation, or withholding of any permit for failure to comply with any of this part or any rules adopted pursuant to this part; (9) (A) Promulgate rules in accordance with title 4, chapter 5, as may be necessary to carry out the purposes of this part, including obtaining and maintaining the state's status as a regulatory authority under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.); (B) The rules may take proper account of mining conditions and practices in this state and differences in topography, geology, and soil conditions, and established use patterns of neighboring lands as recognized by local or state planning agencies; (C) The rules may include federal program regulations promulgated specifically for this state under 30 CFR part 942, if the commissioner determines that such regulations are necessary to carry out the purposes of this part; (D) Unless otherwise specifically authorized by this part, no rule promulgated under this subdivision (a)(9) shall impose a requirement that is more stringent than any existing federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.); (E) Any person may petition the commissioner to initiate a proceeding for the issuance, amendment, or repeal of a rule promulgated pursuant to this part. This subdivision (a)(9)(E), and not § 4-5-201 , shall apply to rules promulgated pursuant to this part; (i) The petition must be filed with the commissioner and must state the facts that support the issuance, amendment, or repeal of a rule promulgated pursuant to this part; (ii) The commissioner may hold a public hearing or may conduct such investigation or proceeding as the commissioner considers appropriate in order to determine whether the petition should be granted or denied; and (iii) Within ninety (90) days after the filing of a petition described in subdivision (a)(9)(E)(i), the commissioner shall either grant or deny the petition. If the commissioner grants the petition, the commissioner shall promptly commence rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If the commissioner denies the petition, the commissioner shall notify the petitioner in writing setting forth the reasons for the denial; (10) Administer the program for the purchase and reclamation of abandoned and unreclaimed mined areas as provided in part 3 of this chapter; and (11) Perform such other duties as may be provided by law and relate to the purposes of this part. (b) The commissioner may, to effectuate the purposes of this part: (1) Enter into contracts or other agreements; and (2) Apply for, accept, administer, and utilize loans and grants from the federal government, state government, and from any other sources. 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) The commissioner shall: (1) Administer the programs for controlling surface coal mining operations that are required by this part and enforce this part, and rules, permits, and orders promulgated or issued under this part; (2) Conduct and obtain investigations, research, experiments, training programs, and demonstrations, and collect and disseminate information relating to exploration, surface coal mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface coal mining; (3) Examine and either approve, request modification of, or disapprove applications for permits, maps, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by applicants; (4) Conduct those investigations and inspections necessary to ensure compliance with this part, including the authority to enter at any time upon a suspected affected area or an affected area for investigations and inspections and the right of ingress and egress across intervening properties; (5) Employ and commission qualified individuals as surface coal mining personnel as provided in § 11-1-101 . When properly qualified and commissioned, surface coal mining personnel shall enforce all laws, rules, permits, and orders administered by the commissioner under this part, including, but not limited to, authorization to serve process; (6) Conduct hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and production of written or printed material as provided for in this part; (7) Issue cease-and-desist orders and other orders as authorized by this part, in the office or on-site, requiring the adoption by a person of remedial measures necessary for carrying out this part or permits issued under this part; (8) Order the suspension, revocation, or withholding of any permit for failure to comply with any of this part or any rules adopted pursuant to this part; (9) (A) Promulgate rules in accordance with title 4, chapter 5, as may be necessary to carry out the purposes of this part, including obtaining and maintaining the state's status as a regulatory authority under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.); (B) The rules may take proper account of mining conditions and practices in this state and differences in topography, geology, and soil conditions, and established use patterns of neighboring lands as recognized by local or state planning agencies; (C) The rules may include federal program regulations promulgated specifically for this state under 30 CFR part 942, if the commissioner determines that such regulations are necessary to carry out the purposes of this part; (D) Unless otherwise specifically authorized by this part, no rule promulgated under this subdivision (a)(9) shall impose a requirement that is more stringent than any existing federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.); (E) Any person may petition the commissioner to initiate a proceeding for the issuance, amendment, or repeal of a rule promulgated pursuant to this part. This subdivision (a)(9)(E), and not § 4-5-201 , shall apply to rules promulgated pursuant to this part; (i) The petition must be filed with the commissioner and must state the facts that support the issuance, amendment, or repeal of a rule promulgated pursuant to this part; (ii) The commissioner may hold a public hearing or may conduct such investigation or proceeding as the commissioner considers appropriate in order to determine whether the petition should be granted or denied; and (iii) Within ninety (90) days after the filing of a petition described in subdivision (a)(9)(E)(i), the commissioner shall either grant or deny the petition. If the commissioner grants the petition, the commissioner shall promptly commence rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If the commissioner denies the petition, the commissioner shall notify the petitioner in writing setting forth the reasons for the denial; (10) Administer the program for the purchase and reclamation of abandoned and unreclaimed mined areas as provided in part 3 of this chapter; and (11) Perform such other duties as may be provided by law and relate to the purposes of this part.
(1) Administer the programs for controlling surface coal mining operations that are required by this part and enforce this part, and rules, permits, and orders promulgated or issued under this part;
(2) Conduct and obtain investigations, research, experiments, training programs, and demonstrations, and collect and disseminate information relating to exploration, surface coal mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface coal mining;
(3) Examine and either approve, request modification of, or disapprove applications for permits, maps, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by applicants;
(4) Conduct those investigations and inspections necessary to ensure compliance with this part, including the authority to enter at any time upon a suspected affected area or an affected area for investigations and inspections and the right of ingress and egress across intervening properties;
(5) Employ and commission qualified individuals as surface coal mining personnel as provided in § 11-1-101 . When properly qualified and commissioned, surface coal mining personnel shall enforce all laws, rules, permits, and orders administered by the commissioner under this part, including, but not limited to, authorization to serve process;
(6) Conduct hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and production of written or printed material as provided for in this part;
(7) Issue cease-and-desist orders and other orders as authorized by this part, in the office or on-site, requiring the adoption by a person of remedial measures necessary for carrying out this part or permits issued under this part;
(8) Order the suspension, revocation, or withholding of any permit for failure to comply with any of this part or any rules adopted pursuant to this part;
(9) (A) Promulgate rules in accordance with title 4, chapter 5, as may be necessary to carry out the purposes of this part, including obtaining and maintaining the state's status as a regulatory authority under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.); (B) The rules may take proper account of mining conditions and practices in this state and differences in topography, geology, and soil conditions, and established use patterns of neighboring lands as recognized by local or state planning agencies; (C) The rules may include federal program regulations promulgated specifically for this state under 30 CFR part 942, if the commissioner determines that such regulations are necessary to carry out the purposes of this part; (D) Unless otherwise specifically authorized by this part, no rule promulgated under this subdivision (a)(9) shall impose a requirement that is more stringent than any existing federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.); (E) Any person may petition the commissioner to initiate a proceeding for the issuance, amendment, or repeal of a rule promulgated pursuant to this part. This subdivision (a)(9)(E), and not § 4-5-201 , shall apply to rules promulgated pursuant to this part; (i) The petition must be filed with the commissioner and must state the facts that support the issuance, amendment, or repeal of a rule promulgated pursuant to this part; (ii) The commissioner may hold a public hearing or may conduct such investigation or proceeding as the commissioner considers appropriate in order to determine whether the petition should be granted or denied; and (iii) Within ninety (90) days after the filing of a petition described in subdivision (a)(9)(E)(i), the commissioner shall either grant or deny the petition. If the commissioner grants the petition, the commissioner shall promptly commence rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If the commissioner denies the petition, the commissioner shall notify the petitioner in writing setting forth the reasons for the denial;
(A) Promulgate rules in accordance with title 4, chapter 5, as may be necessary to carry out the purposes of this part, including obtaining and maintaining the state's status as a regulatory authority under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.);
(B) The rules may take proper account of mining conditions and practices in this state and differences in topography, geology, and soil conditions, and established use patterns of neighboring lands as recognized by local or state planning agencies;
(C) The rules may include federal program regulations promulgated specifically for this state under 30 CFR part 942, if the commissioner determines that such regulations are necessary to carry out the purposes of this part;
(D) Unless otherwise specifically authorized by this part, no rule promulgated under this subdivision (a)(9) shall impose a requirement that is more stringent than any existing federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.);
(E) Any person may petition the commissioner to initiate a proceeding for the issuance, amendment, or repeal of a rule promulgated pursuant to this part. This subdivision (a)(9)(E), and not § 4-5-201 , shall apply to rules promulgated pursuant to this part; (i) The petition must be filed with the commissioner and must state the facts that support the issuance, amendment, or repeal of a rule promulgated pursuant to this part; (ii) The commissioner may hold a public hearing or may conduct such investigation or proceeding as the commissioner considers appropriate in order to determine whether the petition should be granted or denied; and (iii) Within ninety (90) days after the filing of a petition described in subdivision (a)(9)(E)(i), the commissioner shall either grant or deny the petition. If the commissioner grants the petition, the commissioner shall promptly commence rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If the commissioner denies the petition, the commissioner shall notify the petitioner in writing setting forth the reasons for the denial;
(i) The petition must be filed with the commissioner and must state the facts that support the issuance, amendment, or repeal of a rule promulgated pursuant to this part;
(ii) The commissioner may hold a public hearing or may conduct such investigation or proceeding as the commissioner considers appropriate in order to determine whether the petition should be granted or denied; and
(iii) Within ninety (90) days after the filing of a petition described in subdivision (a)(9)(E)(i), the commissioner shall either grant or deny the petition. If the commissioner grants the petition, the commissioner shall promptly commence rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If the commissioner denies the petition, the commissioner shall notify the petitioner in writing setting forth the reasons for the denial;
(10) Administer the program for the purchase and reclamation of abandoned and unreclaimed mined areas as provided in part 3 of this chapter; and
(11) Perform such other duties as may be provided by law and relate to the purposes of this part.
(b) The commissioner may, to effectuate the purposes of this part: (1) Enter into contracts or other agreements; and (2) Apply for, accept, administer, and utilize loans and grants from the federal government, state government, and from any other sources.
(1) Enter into contracts or other agreements; and
(2) Apply for, accept, administer, and utilize loans and grants from the federal government, state government, and from any other sources.
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. § 59-8-203 — TN Code / Title 59 / Chapter 8 / Section 59-8-203
Purpose of act
Status: in_force

The general assembly finds that the unregulated surface mining of minerals can cause soil erosion and landslides, stream pollution, and accumulation and seepage of contaminated water; contributes to floods; impairs the value of land for agricultural or other purposes; affects fish and wildlife and their habitats; counteracts efforts for the conservation of soil, water and other natural resources; impairs the owners' rights in neighboring property; creates fire hazards; and in general creates conditions inimical to life, property and the public welfare so as to require the exercise of the state's police power in the regulation of surface mining. The general assembly further finds that there are wide variations in the circumstances and conditions surrounding and arising out of the surface mining of minerals due primarily to differences in topographical, geological, and soil conditions, by reason of which it is necessary, in order to provide the most effective, beneficial and equitable solution to the problem, that broad discretion be placed in the authority designated to administer and enforce the regulatory provisions enacted by the general assembly. It is the purpose of this part, therefore, to provide for such regulation and control of surface mining so as to minimize its injurious effects. Acts 1972, ch. 547, § 3; T.C.A., § 58-1542.
The general assembly finds that the unregulated surface mining of minerals can cause soil erosion and landslides, stream pollution, and accumulation and seepage of contaminated water; contributes to floods; impairs the value of land for agricultural or other purposes; affects fish and wildlife and their habitats; counteracts efforts for the conservation of soil, water and other natural resources; impairs the owners' rights in neighboring property; creates fire hazards; and in general creates conditions inimical to life, property and the public welfare so as to require the exercise of the state's police power in the regulation of surface mining. The general assembly further finds that there are wide variations in the circumstances and conditions surrounding and arising out of the surface mining of minerals due primarily to differences in topographical, geological, and soil conditions, by reason of which it is necessary, in order to provide the most effective, beneficial and equitable solution to the problem, that broad discretion be placed in the authority designated to administer and enforce the regulatory provisions enacted by the general assembly. It is the purpose of this part, therefore, to provide for such regulation and control of surface mining so as to minimize its injurious effects.
Acts 1972, ch. 547, § 3; T.C.A., § 58-1542.
Tenn. Code Ann. § 59-8-202 — TN Code / Title 59 / Chapter 8 / Section 59-8-202
Part definitions
Status: in_force

Except as otherwise required by the context, the following terms when used in this part or in regulations issued thereunder shall be construed to mean: (1) "Area affected" means the area of land from which overburden is to be or has been removed and upon which a spoil bank is to be or has been deposited. It also includes areas of land on which haul roads or other access roads (other than public roads) are to be or have been located. Insofar as clay is concerned, affected land shall not be construed to include land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area; (2) "Bench" means the ledge, shelf or terrace formed in the contour method of surface mining; (A) "Fill bench" means that portion of the bench which is formed by depositing overburden beyond the cut section; and (B) "Solid bench" means the portion of the bench between the highwall and the fill bench and thereby within the region once occupied by the mineral or overburden; (3) "Board" means the Tennessee board of water quality, oil, and gas, established by § 69-3-104 ; (4) "Commissioner" means the commissioner of environment and conservation or the commissioner's designees; (5) "Director" means the director of the division of water pollution control; (6) "Highwall" means a slope in excess of thirty-five degrees (35°) which is created by mining operations; (7) (A) "Mineral" means, in any county having a population of more than six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, clay, stone, gravel, sand, phosphate rock, metallic ore and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include limestone, coal, marble, chert or dimension stone; (B) "Mineral" means, in any county having a population of six hundred thousand (600,000) or less, according to the 1970 federal census or any subsequent federal census, clay, stone, phosphate rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include limestone, coal, marble, chert, gravel, sand or dimension stone; (C) "Mineral" means, on any land on which the state, or any department, agency, or other unit of state government, owns the surface interest, clay, stone, gravel, sand, phosphate rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include coal; (8) "Operation" means all of the premises, facilities, and equipment and the use thereof in the process of removing and exploring for minerals from a designated surface mine area; (9) "Operator" means any person, partnership or corporation engaged in surface mining who removes or intends to remove more than two hundred fifty (250) tons of any mineral from the earth by surface mining within twelve (12) successive calendar months; or who removes overburden for the purpose of determining the location, quality or quantity of any natural mineral deposit. Any operator who has obtained a permit, and otherwise complied with this part may subcontract any part, or all, of the mining of the lands covered by the permit to subcontractors and such subcontractors are not considered an "operator" within the meaning of this part; (10) "Orphan mine" means land affected by surface mining operations prior to enactment of the [former] Tennessee Strip Mine Law of 1967 [repealed]; (11) "Overburden" means all earth and other materials which are removed to gain access to the mineral in the process of surface mining; (12) "Person" means an individual, partnership, corporation or any other association of individuals; (13) "Provisions of this part" means the rules, regulations and orders issued by the commissioner pursuant to this part as well as the words of the sections themselves; (14) "Reclamation" means the process of backfilling, grading and shaping of the disturbed land in the affected area, constructing water control facilities, the taking of measures to control current or future air, water or soil pollution, and the planting of vegetation, and other measures; all directed toward placing the affected area in a condition whereby it can serve some purpose, at least as useful as that in existence before any mining; (15) "Shaping" means grading, backfilling and other earth moving required by this part to be done by the operator in connection with the reclamation of the area affected; (16) "Spoil bank" means the overburden as it is piled or deposited in the process of surface mining; (17) "Stream" means any waterway that normally exhibits water flow at least six (6) consecutive months per year; and (18) "Surface mining" means all or any part of the process followed in the production of minerals from a natural mineral deposit by the open pit or open cut method, auger method, highwall mining method which requires a new cut or removal of overburden, or any other mining process in which the strata or overburden is removed or displaced in order to recover the mineral; or in which the surface soil is disturbed or removed for the purpose of determining the location, quality or quantity of a natural mineral deposit. Amended by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021. Acts 1972, ch. 547, § 2; 1974, ch. 590, § 2; 1975, ch. 188, § 1; 1975, ch. 310, § 1; 1976, ch. 752, § 1; 1978, ch. 679, § 3; T.C.A., § 58-1541; Acts 1980, ch. 695, § 1; 1980, ch. 908, § 38; 1981, ch. 406, §§ 1, 2; 1988, ch. 1004, § 1; 1992, ch. 693, §1; 2009 , ch. 211, § 1; 2011 , ch. 341, §§ 1, 2.
Except as otherwise required by the context, the following terms when used in this part or in regulations issued thereunder shall be construed to mean:
(1) "Area affected" means the area of land from which overburden is to be or has been removed and upon which a spoil bank is to be or has been deposited. It also includes areas of land on which haul roads or other access roads (other than public roads) are to be or have been located. Insofar as clay is concerned, affected land shall not be construed to include land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area;
(2) "Bench" means the ledge, shelf or terrace formed in the contour method of surface mining; (A) "Fill bench" means that portion of the bench which is formed by depositing overburden beyond the cut section; and (B) "Solid bench" means the portion of the bench between the highwall and the fill bench and thereby within the region once occupied by the mineral or overburden;
(A) "Fill bench" means that portion of the bench which is formed by depositing overburden beyond the cut section; and
(B) "Solid bench" means the portion of the bench between the highwall and the fill bench and thereby within the region once occupied by the mineral or overburden;
(3) "Board" means the Tennessee board of water quality, oil, and gas, established by § 69-3-104 ;
(4) "Commissioner" means the commissioner of environment and conservation or the commissioner's designees;
(5) "Director" means the director of the division of water pollution control;
(6) "Highwall" means a slope in excess of thirty-five degrees (35°) which is created by mining operations;
(7) (A) "Mineral" means, in any county having a population of more than six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, clay, stone, gravel, sand, phosphate rock, metallic ore and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include limestone, coal, marble, chert or dimension stone; (B) "Mineral" means, in any county having a population of six hundred thousand (600,000) or less, according to the 1970 federal census or any subsequent federal census, clay, stone, phosphate rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include limestone, coal, marble, chert, gravel, sand or dimension stone; (C) "Mineral" means, on any land on which the state, or any department, agency, or other unit of state government, owns the surface interest, clay, stone, gravel, sand, phosphate rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include coal;
(A) "Mineral" means, in any county having a population of more than six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, clay, stone, gravel, sand, phosphate rock, metallic ore and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include limestone, coal, marble, chert or dimension stone;
(B) "Mineral" means, in any county having a population of six hundred thousand (600,000) or less, according to the 1970 federal census or any subsequent federal census, clay, stone, phosphate rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include limestone, coal, marble, chert, gravel, sand or dimension stone;
(C) "Mineral" means, on any land on which the state, or any department, agency, or other unit of state government, owns the surface interest, clay, stone, gravel, sand, phosphate rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth, but does not include coal;
(8) "Operation" means all of the premises, facilities, and equipment and the use thereof in the process of removing and exploring for minerals from a designated surface mine area;
(9) "Operator" means any person, partnership or corporation engaged in surface mining who removes or intends to remove more than two hundred fifty (250) tons of any mineral from the earth by surface mining within twelve (12) successive calendar months; or who removes overburden for the purpose of determining the location, quality or quantity of any natural mineral deposit. Any operator who has obtained a permit, and otherwise complied with this part may subcontract any part, or all, of the mining of the lands covered by the permit to subcontractors and such subcontractors are not considered an "operator" within the meaning of this part;
(10) "Orphan mine" means land affected by surface mining operations prior to enactment of the [former] Tennessee Strip Mine Law of 1967 [repealed];
(11) "Overburden" means all earth and other materials which are removed to gain access to the mineral in the process of surface mining;
(12) "Person" means an individual, partnership, corporation or any other association of individuals;
(13) "Provisions of this part" means the rules, regulations and orders issued by the commissioner pursuant to this part as well as the words of the sections themselves;
(14) "Reclamation" means the process of backfilling, grading and shaping of the disturbed land in the affected area, constructing water control facilities, the taking of measures to control current or future air, water or soil pollution, and the planting of vegetation, and other measures; all directed toward placing the affected area in a condition whereby it can serve some purpose, at least as useful as that in existence before any mining;
(15) "Shaping" means grading, backfilling and other earth moving required by this part to be done by the operator in connection with the reclamation of the area affected;
(16) "Spoil bank" means the overburden as it is piled or deposited in the process of surface mining;
(17) "Stream" means any waterway that normally exhibits water flow at least six (6) consecutive months per year; and
(18) "Surface mining" means all or any part of the process followed in the production of minerals from a natural mineral deposit by the open pit or open cut method, auger method, highwall mining method which requires a new cut or removal of overburden, or any other mining process in which the strata or overburden is removed or displaced in order to recover the mineral; or in which the surface soil is disturbed or removed for the purpose of determining the location, quality or quantity of a natural mineral deposit.
Amended by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Acts 1972, ch. 547, § 2; 1974, ch. 590, § 2; 1975, ch. 188, § 1; 1975, ch. 310, § 1; 1976, ch. 752, § 1; 1978, ch. 679, § 3; T.C.A., § 58-1541; Acts 1980, ch. 695, § 1; 1980, ch. 908, § 38; 1981, ch. 406, §§ 1, 2; 1988, ch. 1004, § 1; 1992, ch. 693, §1; 2009 , ch. 211, § 1; 2011 , ch. 341, §§ 1, 2.
Tenn. Code Ann. § 59-13-138 — TN Code / Title 59 / Chapter 13 / Section 59-13-138
Out-of-state corporations
Status: in_force

Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations or functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and the payment into the office of the secretary of state the same fees that are required to be paid under title 48, chapter 11 and by paying all other taxes which other foreign corporations are required to pay in Tennessee, and all contracts, which could be made by any association incorporated pursuant to this chapter made by or with such association, shall be legal and valid and enforceable in this state with all of the remedies set forth in this chapter. Acts 1984, ch. 864, § 40.
Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations or functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and the payment into the office of the secretary of state the same fees that are required to be paid under title 48, chapter 11 and by paying all other taxes which other foreign corporations are required to pay in Tennessee, and all contracts, which could be made by any association incorporated pursuant to this chapter made by or with such association, shall be legal and valid and enforceable in this state with all of the remedies set forth in this chapter.
Acts 1984, ch. 864, § 40.
Tenn. Code Ann. § 59-13-127 — TN Code / Title 59 / Chapter 13 / Section 59-13-127
Prohibited transfer of common stock
Status: in_force

The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of coal or coal products handled by the association; and such restrictions must be printed upon every certificate of stock subject thereof. Acts 1984, ch. 864, § 27.
The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of coal or coal products handled by the association; and such restrictions must be printed upon every certificate of stock subject thereof.
Acts 1984, ch. 864, § 27.
Tenn. Code Ann. § 59-8-416 — TN Code / Title 59 / Chapter 8 / Section 59-8-416
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 20.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 20.
Tenn. Code Ann. § 59-8-223 — TN Code / Title 59 / Chapter 8 / Section 59-8-223
Injunctive relief
Status: in_force

(a) When there is reason to believe that a person is violating or is about to violate or has violated any of the provisions of this part or any permits or orders issued thereunder, the commissioner may institute proceedings in the chancery court of the county in which the alleged violation occurred for injunctive relief to prevent continuance of such action or to correct the conditions resulting or about to result therefrom or both. The court shall grant the injunction without the necessity of showing a lack of adequate remedy at law upon a showing by the commissioner that such person is violating or about to violate or has violated one (1) or more of the provisions of this part. In such suits, the commissioner may obtain permanent or temporary injunctions, prohibitory or mandatory, and restraining orders. (b) The commissioner may bring suit for injunctive enforcement of any order made by the commissioner when such order has become final as a result of any person's failure to appeal to the board, and such person has failed to comply with the order. In such suits, all findings of fact contained in the order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order. The order made by the commissioner in such cases shall be prima facie reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law. The board may likewise bring suit for enforcement of any order made by it, which has become final either by the failure of any person to appeal the board's order or by an appellate court's decision against any person who fails to comply with such final order. In such suits, the board's decision shall not be subject to challenge as to matters of law or fact, but the violator may proffer evidence showing that the violator has in fact complied with the board's order. (c) Any suit for an injunction brought by the commissioner shall be filed in the chancery court of the county in which all or a part of the violation is or is about to occur, in the name of the department, by the district attorney general or by the attorney general at the direction of the commissioner or the board and under the supervision of the attorney general. Such proceedings shall not be tried by jury. Appeals from judgments or decrees of the chancery court in proceedings brought under the provisions of this part shall lie to the supreme court despite the fact that controverted questions of fact may be involved. Acts 1972, ch. 547, § 21; 1974, ch. 590, § 10; T.C.A., § 58-1561.
(a) When there is reason to believe that a person is violating or is about to violate or has violated any of the provisions of this part or any permits or orders issued thereunder, the commissioner may institute proceedings in the chancery court of the county in which the alleged violation occurred for injunctive relief to prevent continuance of such action or to correct the conditions resulting or about to result therefrom or both. The court shall grant the injunction without the necessity of showing a lack of adequate remedy at law upon a showing by the commissioner that such person is violating or about to violate or has violated one (1) or more of the provisions of this part. In such suits, the commissioner may obtain permanent or temporary injunctions, prohibitory or mandatory, and restraining orders.
(b) The commissioner may bring suit for injunctive enforcement of any order made by the commissioner when such order has become final as a result of any person's failure to appeal to the board, and such person has failed to comply with the order. In such suits, all findings of fact contained in the order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order. The order made by the commissioner in such cases shall be prima facie reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law. The board may likewise bring suit for enforcement of any order made by it, which has become final either by the failure of any person to appeal the board's order or by an appellate court's decision against any person who fails to comply with such final order. In such suits, the board's decision shall not be subject to challenge as to matters of law or fact, but the violator may proffer evidence showing that the violator has in fact complied with the board's order.
(c) Any suit for an injunction brought by the commissioner shall be filed in the chancery court of the county in which all or a part of the violation is or is about to occur, in the name of the department, by the district attorney general or by the attorney general at the direction of the commissioner or the board and under the supervision of the attorney general. Such proceedings shall not be tried by jury. Appeals from judgments or decrees of the chancery court in proceedings brought under the provisions of this part shall lie to the supreme court despite the fact that controverted questions of fact may be involved.
Acts 1972, ch. 547, § 21; 1974, ch. 590, § 10; T.C.A., § 58-1561.
Tenn. Code Ann. § 59-11-101 — TN Code / Title 59 / Chapter 11 / Section 59-11-101
Checkweigher or checkmeasurer - Duties - Interference prohibited - Penalty
Status: in_force

(a) At every coal or other mine in this state, where coal or other minerals are mined by weight or measure, the miners, or a majority of those present at a meeting called for that purpose, shall have the right to employ a competent person as checkweigher or checkmeasurer, as the case may require, who shall be permitted at all times to be present at the weighing or measuring of coal, and who shall have power to weigh or measure the same, and, during the regular working hours, have the privilege to balance and examine the scales or measure the cars; provided, that all such balancing and examination of scales shall only be done in such way and in such time as in no way to interfere with the regular working of the mines; and such person shall not be considered a trespasser during working hours while attending to the interest of such person's employers, and in no manner shall such person be interfered with or intimidated by any person, agent, or owner, or miner. (b) Any person violating this section is guilty of a Class C misdemeanor. Acts 1887, ch. 206, §1; Shan., § 339; Code 1932, § 5639; T.C.A. (orig. ed.), § 58-1601; Acts 1989, ch. 591, § 113.
(a) At every coal or other mine in this state, where coal or other minerals are mined by weight or measure, the miners, or a majority of those present at a meeting called for that purpose, shall have the right to employ a competent person as checkweigher or checkmeasurer, as the case may require, who shall be permitted at all times to be present at the weighing or measuring of coal, and who shall have power to weigh or measure the same, and, during the regular working hours, have the privilege to balance and examine the scales or measure the cars; provided, that all such balancing and examination of scales shall only be done in such way and in such time as in no way to interfere with the regular working of the mines; and such person shall not be considered a trespasser during working hours while attending to the interest of such person's employers, and in no manner shall such person be interfered with or intimidated by any person, agent, or owner, or miner.
(b) Any person violating this section is guilty of a Class C misdemeanor.
Acts 1887, ch. 206, §1; Shan., § 339; Code 1932, § 5639; T.C.A. (orig. ed.), § 58-1601; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 59-13-102 — TN Code / Title 59 / Chapter 13 / Section 59-13-102
Legislative intent
Status: in_force

In order to promote, foster and encourage the intelligent and orderly marketing of Tennessee coal through cooperation; and to eliminate speculation and waste; and to make the distribution of coal between producer and consumer as direct as can be efficiently done; and to stabilize the marketing of coal and coal products; and to provide for the organization and incorporation of cooperative marketing associations for the marketing of such products, this chapter is enacted. Acts 1984, ch. 864, § 2.
In order to promote, foster and encourage the intelligent and orderly marketing of Tennessee coal through cooperation; and to eliminate speculation and waste; and to make the distribution of coal between producer and consumer as direct as can be efficiently done; and to stabilize the marketing of coal and coal products; and to provide for the organization and incorporation of cooperative marketing associations for the marketing of such products, this chapter is enacted.
Acts 1984, ch. 864, § 2.
Tenn. Code Ann. § 59-4-303 — TN Code / Title 59 / Chapter 4 / Section 59-4-303
Foreman to give notice of accidental death - Inquest - Notice of fire or explosion
Status: in_force

Whenever loss of life occurs by accident or explosion, the superintendent or foreman in charge shall give immediate notice to the department of labor and workforce development and to the coroner of the county in which the mine is situated. The coroner shall hold an inquest upon the body of the person whose death has been caused, and inquire carefully into the cause thereof, and shall return the findings and all testimony to the department. The company shall immediately notify the department upon the discovery of fire or explosion in any mine. Acts 1915, ch. 169, § 24; Shan., § 3079a139; Acts 1917, ch. 111; Code 1932, § 5622; Acts 1943, ch. 143, § 1; C. Supp. 1950, § 5622; Acts 1953, ch. 86, § 18 (Williams, §§ 5622, 5638.18); T.C.A. (orig. ed.), § 58-414; Acts 1985, ch. 288, §§ 33-35.
Whenever loss of life occurs by accident or explosion, the superintendent or foreman in charge shall give immediate notice to the department of labor and workforce development and to the coroner of the county in which the mine is situated. The coroner shall hold an inquest upon the body of the person whose death has been caused, and inquire carefully into the cause thereof, and shall return the findings and all testimony to the department. The company shall immediately notify the department upon the discovery of fire or explosion in any mine.
Acts 1915, ch. 169, § 24; Shan., § 3079a139; Acts 1917, ch. 111; Code 1932, § 5622; Acts 1943, ch. 143, § 1; C. Supp. 1950, § 5622; Acts 1953, ch. 86, § 18 (Williams, §§ 5622, 5638.18); T.C.A. (orig. ed.), § 58-414; Acts 1985, ch. 288, §§ 33-35.
Tenn. Code Ann. § 59-8-307 — TN Code / Title 59 / Chapter 8 / Section 59-8-307
[Repealed] Reserved
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 8, eff. 5/26/2021. Acts 1984, ch. 837, § 6; 1987, ch. 251, § 5; T.C.A. § 59-8-354 .
Repealed by 2021 Tenn. Acts, ch. 548, s 8, eff. 5/26/2021.
Acts 1984, ch. 837, § 6; 1987, ch. 251, § 5; T.C.A. § 59-8-354 .
Tenn. Code Ann. § 59-8-105 — TN Code / Title 59 / Chapter 8 / Section 59-8-105
Rules for coal exploration operations
Status: in_force

(a) (1) Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules promulgated by the commissioner. (2) The rules for coal exploration operations shall include, but not be limited to, requirements that: (A) Any person planning to conduct exploration operations obtain an exploration permit from the commissioner before conducting those operations; (B) The applicant submit: (i) A description of the exploration area and the period of supposed exploration and any other information as the commissioner may require in the permit application; and (ii) A fee as established by rule and a performance bond or other financial assurance in an amount at least as much as is necessary to reclaim the proposed disturbance as described in subdivision (a)(2)(C); and (C) Reclamation in accordance with the performance standards in § 59-8-110 of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment. (b) Any person who conducts any coal exploration activities that substantially disturb the natural land surface in violation of this part or rules promulgated pursuant to this part is subject to the penalties in § 59-8-117 . (c) No operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the commissioner. (d) Information submitted to the department and the commissioner pursuant to this section as confidential trade secrets or privileged commercial or financial information, which relates to the competitive rights of the person or entity intended to explore the described area, is not available for public examination under title 10, chapter 7. 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) Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules promulgated by the commissioner. (2) The rules for coal exploration operations shall include, but not be limited to, requirements that: (A) Any person planning to conduct exploration operations obtain an exploration permit from the commissioner before conducting those operations; (B) The applicant submit: (i) A description of the exploration area and the period of supposed exploration and any other information as the commissioner may require in the permit application; and (ii) A fee as established by rule and a performance bond or other financial assurance in an amount at least as much as is necessary to reclaim the proposed disturbance as described in subdivision (a)(2)(C); and (C) Reclamation in accordance with the performance standards in § 59-8-110 of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment.
(1) Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules promulgated by the commissioner.
(2) The rules for coal exploration operations shall include, but not be limited to, requirements that: (A) Any person planning to conduct exploration operations obtain an exploration permit from the commissioner before conducting those operations; (B) The applicant submit: (i) A description of the exploration area and the period of supposed exploration and any other information as the commissioner may require in the permit application; and (ii) A fee as established by rule and a performance bond or other financial assurance in an amount at least as much as is necessary to reclaim the proposed disturbance as described in subdivision (a)(2)(C); and (C) Reclamation in accordance with the performance standards in § 59-8-110 of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment.
(A) Any person planning to conduct exploration operations obtain an exploration permit from the commissioner before conducting those operations;
(B) The applicant submit: (i) A description of the exploration area and the period of supposed exploration and any other information as the commissioner may require in the permit application; and (ii) A fee as established by rule and a performance bond or other financial assurance in an amount at least as much as is necessary to reclaim the proposed disturbance as described in subdivision (a)(2)(C); and
(i) A description of the exploration area and the period of supposed exploration and any other information as the commissioner may require in the permit application; and
(ii) A fee as established by rule and a performance bond or other financial assurance in an amount at least as much as is necessary to reclaim the proposed disturbance as described in subdivision (a)(2)(C); and
(C) Reclamation in accordance with the performance standards in § 59-8-110 of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment.
(b) Any person who conducts any coal exploration activities that substantially disturb the natural land surface in violation of this part or rules promulgated pursuant to this part is subject to the penalties in § 59-8-117 .
(c) No operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the commissioner.
(d) Information submitted to the department and the commissioner pursuant to this section as confidential trade secrets or privileged commercial or financial information, which relates to the competitive rights of the person or entity intended to explore the described area, is not available for public examination under title 10, chapter 7.
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. § 59-8-404 — TN Code / Title 59 / Chapter 8 / Section 59-8-404
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Amended by 2021 Tenn. Acts, ch. 135, s 4, eff. 4/13/2021. Acts 1987, ch. 251, § 8.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Amended by 2021 Tenn. Acts, ch. 135, s 4, eff. 4/13/2021.
Acts 1987, ch. 251, § 8.
Tenn. Code Ann. § 59-8-217 — TN Code / Title 59 / Chapter 8 / Section 59-8-217
Acquisitions and disposals of land after reclamation
Status: in_force

(a) After the reclamation of the acquired land, the commissioner may, with the approval of the governor, transfer jurisdiction of such land, or any portion thereof, to any state agency that can best utilize such land for public purposes. If the retention of such land is determined to be impractical, the commissioner may, with the approval of the governor and attorney general and reporter, sell such land to political subdivisions of this state at the cost of acquisition and reclamation or by public sale to the highest bidder. Such land shall be sold subject to the condition that no surface mining shall be conducted thereon at any time thereafter. The proceeds of any such sale shall be credited to the Tennessee surface mine reclamation fund as provided in § 59-8-212 . (b) No land with respect to which a bond conditioned upon the reclamation thereof is in effect shall be acquired pursuant to § 59-8-215 , nor shall this part be construed to relieve any person from any obligation to shape, plant or perform other reclamation required by law. (c) All acquisitions and disposals of land or any interest therein pursuant to the authority granted by this part shall be governed by the applicable provisions of title 12, chapters 1 and 2. Acts 1972, ch. 547, § 16; T.C.A., § 58-1555; Acts 1980, ch. 908, § 47.
(a) After the reclamation of the acquired land, the commissioner may, with the approval of the governor, transfer jurisdiction of such land, or any portion thereof, to any state agency that can best utilize such land for public purposes. If the retention of such land is determined to be impractical, the commissioner may, with the approval of the governor and attorney general and reporter, sell such land to political subdivisions of this state at the cost of acquisition and reclamation or by public sale to the highest bidder. Such land shall be sold subject to the condition that no surface mining shall be conducted thereon at any time thereafter. The proceeds of any such sale shall be credited to the Tennessee surface mine reclamation fund as provided in § 59-8-212 .
(b) No land with respect to which a bond conditioned upon the reclamation thereof is in effect shall be acquired pursuant to § 59-8-215 , nor shall this part be construed to relieve any person from any obligation to shape, plant or perform other reclamation required by law.
(c) All acquisitions and disposals of land or any interest therein pursuant to the authority granted by this part shall be governed by the applicable provisions of title 12, chapters 1 and 2.
Acts 1972, ch. 547, § 16; T.C.A., § 58-1555; Acts 1980, ch. 908, § 47.
Tenn. Code Ann. § 59-8-302 — TN Code / Title 59 / Chapter 8 / Section 59-8-302
Liens
Status: in_force

(a) Whenever the commissioner begins to expend money on a project to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned property under § 59-8-301(f) , the commissioner may file a notice with the office of the register of deeds of the county in which the property lies. (b) (1) Within six (6) months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned property under § 59-8-301(f) , the commissioner shall itemize the moneys so expended and shall file a statement thereof in the office of the register of deeds of the county in which the property lies, together with notarized appraisals by an independent appraiser of the value of the property before and after the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices, if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon such land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the property as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this subsection (b), who owned the surface prior to May 2, 1977, and who neither consented to nor participated in, nor exercised control over, the mining operation which necessitated the reclamation performed hereunder. (2) In the year following the year in which the lien is filed in the designated county office and for each year thereafter until the lien is fully satisfied, the designees of the commissioner shall calculate an annual interest charge of five percent (5%) against the outstanding value of each lien, and shall maintain a record of the charges owing against such lien which shall be made available to the property owner upon request. This interest charge may be allowed to accrue but must be paid in full before the lien shall be considered fully satisfied and shall be released. (c) The property owner may proceed as provided by law to petition within sixty (60) days of the filing of the lien, to determine the increase in the market value of the property as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount appraised to be the increase in value of the property shall constitute the amount of the lien, and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by state law. (d) The lien provided in this section shall be entered in the records of the register of deeds of the county in which the property lies. Such statements shall constitute a lien upon such property as of the date notice is filed pursuant to subsection (a), and shall have priority from the day of such filing of notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of the notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice. A lien on private property, and the accrued interest charges placed thereon, shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership, any other statute to the contrary notwithstanding. (e) (1) A form of notice substantially as follows is sufficient to comply with subsection (a): NOTICE OF LIEN UNDER TITLE 59, CHAPTER 8, PART 3 Name of titleholder(s) ______________ Property address ______________ Description of property subject to possible lien sufficient to identify such property ______________ Date, signature, and address of the commissioner or the commissioner's authorized designee ______________ (2) The register of deeds shall note the date and time of filing, and an appropriate registration number, and shall record the notice in the lien book in the office of the register. (f) The effective date of all prior liens claimed under this chapter shall be unaffected by the 1986 amendment to this section if a notice is filed in accordance with subsection (a) on or before December 31, 1986, which notice shall set forth, in addition to the information required by subsection (e), the claimed effective date of the lien if earlier than the date of the filing of the notice. After December 31, 1986, all claimed liens shall be effective as of the date the notice is filed pursuant to subsection (a). Amended by 2021 Tenn. Acts, ch. 548, Secs.s 4, s 5 eff. 5/26/2021. Acts 1980, ch. 908, § 25; 1983, ch. 147, §§ 1, 2; 1984, ch. 837, § 4; 1986, ch. 529, § 1; 1988, ch. 549, § 1; T.C.A. § 59-8-325 .
(a) Whenever the commissioner begins to expend money on a project to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned property under § 59-8-301(f) , the commissioner may file a notice with the office of the register of deeds of the county in which the property lies.
(b) (1) Within six (6) months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned property under § 59-8-301(f) , the commissioner shall itemize the moneys so expended and shall file a statement thereof in the office of the register of deeds of the county in which the property lies, together with notarized appraisals by an independent appraiser of the value of the property before and after the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices, if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon such land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the property as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this subsection (b), who owned the surface prior to May 2, 1977, and who neither consented to nor participated in, nor exercised control over, the mining operation which necessitated the reclamation performed hereunder. (2) In the year following the year in which the lien is filed in the designated county office and for each year thereafter until the lien is fully satisfied, the designees of the commissioner shall calculate an annual interest charge of five percent (5%) against the outstanding value of each lien, and shall maintain a record of the charges owing against such lien which shall be made available to the property owner upon request. This interest charge may be allowed to accrue but must be paid in full before the lien shall be considered fully satisfied and shall be released.
(1) Within six (6) months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned property under § 59-8-301(f) , the commissioner shall itemize the moneys so expended and shall file a statement thereof in the office of the register of deeds of the county in which the property lies, together with notarized appraisals by an independent appraiser of the value of the property before and after the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices, if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon such land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the property as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this subsection (b), who owned the surface prior to May 2, 1977, and who neither consented to nor participated in, nor exercised control over, the mining operation which necessitated the reclamation performed hereunder.
(2) In the year following the year in which the lien is filed in the designated county office and for each year thereafter until the lien is fully satisfied, the designees of the commissioner shall calculate an annual interest charge of five percent (5%) against the outstanding value of each lien, and shall maintain a record of the charges owing against such lien which shall be made available to the property owner upon request. This interest charge may be allowed to accrue but must be paid in full before the lien shall be considered fully satisfied and shall be released.
(c) The property owner may proceed as provided by law to petition within sixty (60) days of the filing of the lien, to determine the increase in the market value of the property as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount appraised to be the increase in value of the property shall constitute the amount of the lien, and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by state law.
(d) The lien provided in this section shall be entered in the records of the register of deeds of the county in which the property lies. Such statements shall constitute a lien upon such property as of the date notice is filed pursuant to subsection (a), and shall have priority from the day of such filing of notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of the notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice. A lien on private property, and the accrued interest charges placed thereon, shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership, any other statute to the contrary notwithstanding.
(e) (1) A form of notice substantially as follows is sufficient to comply with subsection (a): NOTICE OF LIEN UNDER TITLE 59, CHAPTER 8, PART 3 Name of titleholder(s) ______________ Property address ______________ Description of property subject to possible lien sufficient to identify such property ______________ Date, signature, and address of the commissioner or the commissioner's authorized designee ______________ (2) The register of deeds shall note the date and time of filing, and an appropriate registration number, and shall record the notice in the lien book in the office of the register.
(1) A form of notice substantially as follows is sufficient to comply with subsection (a): NOTICE OF LIEN UNDER TITLE 59, CHAPTER 8, PART 3 Name of titleholder(s) ______________ Property address ______________ Description of property subject to possible lien sufficient to identify such property ______________ Date, signature, and address of the commissioner or the commissioner's authorized designee ______________
NOTICE OF LIEN UNDER TITLE 59, CHAPTER 8, PART 3
Name of titleholder(s) ______________
Property address ______________
Description of property subject to possible lien sufficient to identify such property ______________
Date, signature, and address of the commissioner or the commissioner's authorized designee ______________
(2) The register of deeds shall note the date and time of filing, and an appropriate registration number, and shall record the notice in the lien book in the office of the register.
(f) The effective date of all prior liens claimed under this chapter shall be unaffected by the 1986 amendment to this section if a notice is filed in accordance with subsection (a) on or before December 31, 1986, which notice shall set forth, in addition to the information required by subsection (e), the claimed effective date of the lien if earlier than the date of the filing of the notice. After December 31, 1986, all claimed liens shall be effective as of the date the notice is filed pursuant to subsection (a).
Amended by 2021 Tenn. Acts, ch. 548, Secs.s 4, s 5 eff. 5/26/2021.
Acts 1980, ch. 908, § 25; 1983, ch. 147, §§ 1, 2; 1984, ch. 837, § 4; 1986, ch. 529, § 1; 1988, ch. 549, § 1; T.C.A. § 59-8-325 .
Tenn. Code Ann. § 59-13-117 — TN Code / Title 59 / Chapter 13 / Section 59-13-117
Contracts and positions of directors - Prohibitions
Status: in_force

No director, during the term of the director's office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or others, or differing from terms generally current in that district. The bylaws may provide that no director shall occupy any position in the association, except the president and secretary on regular salary or substantially full-time pay. Acts 1984, ch. 864, § 17.
No director, during the term of the director's office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or others, or differing from terms generally current in that district. The bylaws may provide that no director shall occupy any position in the association, except the president and secretary on regular salary or substantially full-time pay.
Acts 1984, ch. 864, § 17.
Tenn. Code Ann. § 59-11-103 — TN Code / Title 59 / Chapter 11 / Section 59-11-103
Improper weighing or measuring - Penalty
Status: in_force

Any weigher, agent, or checkmeasurer, whether employed by operators or miners, who knowingly or willfully adopts or takes more or less pounds for a bushel or ton than is provided by law, or willfully neglects the balancing or examining of the scales or cars, or knowingly and willfully weighs coal with an incorrect scale, is guilty of a Class C misdemeanor. Acts 1887, ch. 206, §3; Shan., § 341; Code 1932, § 5641; T.C.A. (orig. ed.), § 58-1603; Acts 1989, ch. 591, § 113.
Any weigher, agent, or checkmeasurer, whether employed by operators or miners, who knowingly or willfully adopts or takes more or less pounds for a bushel or ton than is provided by law, or willfully neglects the balancing or examining of the scales or cars, or knowingly and willfully weighs coal with an incorrect scale, is guilty of a Class C misdemeanor.
Acts 1887, ch. 206, §3; Shan., § 341; Code 1932, § 5641; T.C.A. (orig. ed.), § 58-1603; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 59-8-410 — TN Code / Title 59 / Chapter 8 / Section 59-8-410
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 14.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 14.
Tenn. Code Ann. § 59-8-210 — TN Code / Title 59 / Chapter 8 / Section 59-8-210
Annual report to be filed with commissioner
Status: in_force

Within such time as the commissioner shall prescribe, the operator shall file with the commissioner an annual report and map under each permit, stating the number of acres of land affected by the operation, the extent of reclamation and revegetation accomplished by the operator, and such other information as the commissioner may reasonably require in carrying out the provisions of this part. If the report and the commissioner's inspection of the area affected show that the operator has complied fully with this part, the commissioner shall approve the report and shall release the operator's bond, or the remainder thereof if any portion has already been released under other provisions of this part. If the commissioner does not approve the report, the bond shall not be released until the operator corrects the deficiencies found by the commissioner. Acts 1972, ch. 547, § 10; T.C.A., § 58-1549.
Within such time as the commissioner shall prescribe, the operator shall file with the commissioner an annual report and map under each permit, stating the number of acres of land affected by the operation, the extent of reclamation and revegetation accomplished by the operator, and such other information as the commissioner may reasonably require in carrying out the provisions of this part. If the report and the commissioner's inspection of the area affected show that the operator has complied fully with this part, the commissioner shall approve the report and shall release the operator's bond, or the remainder thereof if any portion has already been released under other provisions of this part. If the commissioner does not approve the report, the bond shall not be released until the operator corrects the deficiencies found by the commissioner.
Acts 1972, ch. 547, § 10; T.C.A., § 58-1549.
Tenn. Code Ann. § 59-4-208 — TN Code / Title 59 / Chapter 4 / Section 59-4-208
Registration and certification requirements for mine foremen
Status: in_force

(a) (1) It is unlawful for any person to act as mine foreman unless the person is registered as holder of a certificate of competency as required by this chapter. (2) It is unlawful for an individual, partnership, firm, or corporation operating a mine or mines in this state to employ any person in the capacity of mine foreman unless the person is registered as a holder of such certificate of competency. (b) (1) Each mine foreman employed at an underground coal mine shall possess a Class "A" mine foreman certificate. (2) Each mine foreman employed at an open pit mine, metal mine, or preparation plant shall possess a Class "C" mine foreman certificate. Acts 1915, ch. 169, §§ 12, 15, 18; Shan., §§ 3079a98, 3079a107, 3079a110; Code 1932, §§ 5581, 5590, 5593; Acts 1947, ch. 217, § 2; C. Supp. 1950, § 5581; Acts 1951, ch. 245, § 12 (Williams, § 5551); Acts 1953, ch. 86, § 14 (Williams, § 5638.14); modified; T.C.A. (orig. ed.), § 58-411; Acts 1985, ch. 288, § 30.
(a) (1) It is unlawful for any person to act as mine foreman unless the person is registered as holder of a certificate of competency as required by this chapter. (2) It is unlawful for an individual, partnership, firm, or corporation operating a mine or mines in this state to employ any person in the capacity of mine foreman unless the person is registered as a holder of such certificate of competency.
(1) It is unlawful for any person to act as mine foreman unless the person is registered as holder of a certificate of competency as required by this chapter.
(2) It is unlawful for an individual, partnership, firm, or corporation operating a mine or mines in this state to employ any person in the capacity of mine foreman unless the person is registered as a holder of such certificate of competency.
(b) (1) Each mine foreman employed at an underground coal mine shall possess a Class "A" mine foreman certificate. (2) Each mine foreman employed at an open pit mine, metal mine, or preparation plant shall possess a Class "C" mine foreman certificate.
(1) Each mine foreman employed at an underground coal mine shall possess a Class "A" mine foreman certificate.
(2) Each mine foreman employed at an open pit mine, metal mine, or preparation plant shall possess a Class "C" mine foreman certificate.
Acts 1915, ch. 169, §§ 12, 15, 18; Shan., §§ 3079a98, 3079a107, 3079a110; Code 1932, §§ 5581, 5590, 5593; Acts 1947, ch. 217, § 2; C. Supp. 1950, § 5581; Acts 1951, ch. 245, § 12 (Williams, § 5551); Acts 1953, ch. 86, § 14 (Williams, § 5638.14); modified; T.C.A. (orig. ed.), § 58-411; Acts 1985, ch. 288, § 30.
Tenn. Code Ann. § 59-8-214 — TN Code / Title 59 / Chapter 8 / Section 59-8-214
Right of access
Status: in_force

The designees of the commissioner and any other agency and any contractor under a contract with the commissioner shall have the right of access to the land affected to carry out reclamation. Acts 1972, ch. 547, § 13; T.C.A., § 58-1552.
The designees of the commissioner and any other agency and any contractor under a contract with the commissioner shall have the right of access to the land affected to carry out reclamation.
Acts 1972, ch. 547, § 13; T.C.A., § 58-1552.
Tenn. Code Ann. § 59-13-133 — TN Code / Title 59 / Chapter 13 / Section 59-13-133
Use of preferred stock to discharge obligations
Status: in_force

Whenever an association, organized pursuant to this chapter with preferred capital stock, shall purchase the stock or any property, or any interest in any property of any person, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount which at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued. Acts 1984, ch. 864, § 33.
Whenever an association, organized pursuant to this chapter with preferred capital stock, shall purchase the stock or any property, or any interest in any property of any person, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount which at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.
Acts 1984, ch. 864, § 33.
Tenn. Code Ann. § 59-8-107 — TN Code / Title 59 / Chapter 8 / Section 59-8-107
Fees
Status: in_force

(a) The commissioner shall establish fees determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under this part. The fees may include, but are not limited to, an exploration permit fee, an application fee, and a maintenance acreage fee taking into account the acreage permitted. In no instance shall a permit application fee exceed the actual or anticipated cost of reviewing, administering, and enforcing the permit. (b) Prior to promulgating any fee increase, the commissioner shall review the basis for the fee increase and make a determination that the fee increase is warranted. The factors used in the determinations must include, if relevant: staffing needs, ability to attract and retain quality staff, feasible cost containment measures, comparisons with salaries paid by other governments and the private sector, levels of federal grants and state appropriations, and the ability of the program to maintain or improve its performance in carrying out its duties. (c) Fees collected pursuant to this section shall be deposited in the coal mining protection fund, created in § 59-8-132 . (d) No permit, renewal, or transfer of a permit shall be issued to an applicant until all fees required by this section are paid in full. (e) (1) If a fee required by this section is not paid within fifteen (15) days after the due date, a penalty of five percent (5%) of the amount due accrues at once. Thereafter, on the first day of each month during which a fee or accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance accrues. In addition, a fee not paid within fifteen (15) days after the due date bears interest at the maximum rate permitted under title 47, chapter 14, or another law, from the due date to the date paid; provided, however, the total of the penalties and interest that accrue pursuant to this subsection (e) must not exceed three (3) times the amount of the original fee. (2) If a fee is not paid in full, including any interest and penalty within sixty (60) days of the due date, the commissioner may suspend the permit, pending the opportunity for hearing, until the amount due is paid in full, and refer the matter for collection. (3) In addition to the other powers and authority provided in this section, the commissioner is authorized to seek injunctive relief in the chancery court of Sumner County or any court of competent jurisdiction for a judgment in the amount owed the state under this chapter. (4) (A) A person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. (B) In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date. (C) The hearing must be conducted in accordance with contested case provisions in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (D) If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest. Amended by 2023 Tenn. Acts, ch. 401, s 2, 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) The commissioner shall establish fees determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under this part. The fees may include, but are not limited to, an exploration permit fee, an application fee, and a maintenance acreage fee taking into account the acreage permitted. In no instance shall a permit application fee exceed the actual or anticipated cost of reviewing, administering, and enforcing the permit.
(b) Prior to promulgating any fee increase, the commissioner shall review the basis for the fee increase and make a determination that the fee increase is warranted. The factors used in the determinations must include, if relevant: staffing needs, ability to attract and retain quality staff, feasible cost containment measures, comparisons with salaries paid by other governments and the private sector, levels of federal grants and state appropriations, and the ability of the program to maintain or improve its performance in carrying out its duties.
(c) Fees collected pursuant to this section shall be deposited in the coal mining protection fund, created in § 59-8-132 .
(d) No permit, renewal, or transfer of a permit shall be issued to an applicant until all fees required by this section are paid in full.
(e) (1) If a fee required by this section is not paid within fifteen (15) days after the due date, a penalty of five percent (5%) of the amount due accrues at once. Thereafter, on the first day of each month during which a fee or accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance accrues. In addition, a fee not paid within fifteen (15) days after the due date bears interest at the maximum rate permitted under title 47, chapter 14, or another law, from the due date to the date paid; provided, however, the total of the penalties and interest that accrue pursuant to this subsection (e) must not exceed three (3) times the amount of the original fee. (2) If a fee is not paid in full, including any interest and penalty within sixty (60) days of the due date, the commissioner may suspend the permit, pending the opportunity for hearing, until the amount due is paid in full, and refer the matter for collection. (3) In addition to the other powers and authority provided in this section, the commissioner is authorized to seek injunctive relief in the chancery court of Sumner County or any court of competent jurisdiction for a judgment in the amount owed the state under this chapter. (4) (A) A person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. (B) In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date. (C) The hearing must be conducted in accordance with contested case provisions in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (D) If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.
(1) If a fee required by this section is not paid within fifteen (15) days after the due date, a penalty of five percent (5%) of the amount due accrues at once. Thereafter, on the first day of each month during which a fee or accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance accrues. In addition, a fee not paid within fifteen (15) days after the due date bears interest at the maximum rate permitted under title 47, chapter 14, or another law, from the due date to the date paid; provided, however, the total of the penalties and interest that accrue pursuant to this subsection (e) must not exceed three (3) times the amount of the original fee.
(2) If a fee is not paid in full, including any interest and penalty within sixty (60) days of the due date, the commissioner may suspend the permit, pending the opportunity for hearing, until the amount due is paid in full, and refer the matter for collection.
(3) In addition to the other powers and authority provided in this section, the commissioner is authorized to seek injunctive relief in the chancery court of Sumner County or any court of competent jurisdiction for a judgment in the amount owed the state under this chapter.
(4) (A) A person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. (B) In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date. (C) The hearing must be conducted in accordance with contested case provisions in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (D) If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.
(A) A person required to pay the fees set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing.
(B) In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due, must be received by the commissioner not later than fifteen (15) days after the due date.
(C) The hearing must be conducted in accordance with contested case provisions in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(D) If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.
Amended by 2023 Tenn. Acts, ch. 401, s 2, eff. 5/11/2023.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-12-105 — TN Code / Title 59 / Chapter 12 / Section 59-12-105
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019. Acts 1979, ch. 368, § 5; T.C.A., § 58-1705.
Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019.
Acts 1979, ch. 368, § 5; T.C.A., § 58-1705.
Tenn. Code Ann. § 59-8-301 — TN Code / Title 59 / Chapter 8 / Section 59-8-301
State's power to acquire and reclaim land disturbed by past mining
Status: in_force

(a) This state, acting by and through the department of environment and conservation, may acquire any property, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the commissioner determines that acquisition of such land is necessary to successful reclamation and that: (1) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and (2) Permanent facilities such as treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or (3) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this part or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of coal mining practices. (b) Prior to the acquisition of any property pursuant to this section, using exclusively state funds, the commissioner shall extend to the owners of the property an opportunity to regrade the area affected, correct drainage problems, plant vegetative cover, and do other acts of reclamation as required by the commissioner. If the owner or owners agree in writing to perform such reclamation and, weather permitting, start such reclamation within a period of sixty (60) days, and continue to completion, the property shall not be acquired by the state. (c) The commissioner shall attempt to purchase any property which the commissioner has determined should be acquired for the purpose of reclamation using exclusively state funds and which the owners have not agreed to reclaim as provided for in subsection (b). Where the commissioner and the owners of the property are unable to agree upon the amount to be paid for such property, the commissioner may exercise the power of eminent domain against such property. (d) The purchase price, in the case of a negotiated acquisition, or the damages as finally determined in the case of acquisition by condemnation, and the necessary expenses incidental thereto, shall be paid from the Tennessee surface mine reclamation fund, the federal abandoned mine reclamation fund with the approval of the secretary, or from appropriations made by the general assembly for such purposes. (e) The commissioner, or the commissioner's agents, employees, or contractors, shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare, and shall not be construed as an act of condemnation of property nor trespass thereon. (f) If the commissioner makes a finding of fact that: (1) Land or water resources have been adversely affected by past coal mining practices; and (2) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and (3) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or (4) The owners will not give permission for the commissioner, the commissioner's agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices; then, upon giving notice by mail to the owners if known, or if not known, by posting notice upon the property and advertising once in a newspaper of general circulation in the county in which the property lies, the state shall have the right to enter upon the property adversely affected by past coal mining practices, and any other property which is necessary for access to such property, to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such property so entered upon shall be chargeable against such property, and shall mitigate or offset any claim or action brought by any owner of any interest in such property for any alleged damages by virtue of such entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities. (g) Title to all property acquired pursuant to this section shall be in the name of the state of Tennessee. The price paid for property acquired under this section shall reflect the market value of the property in its unreclaimed condition as adversely affected by past coal mining practices. (h) After the reclamation of the acquired property, the commissioner may, with the approval of the governor, where property has been reclaimed exclusively with state funds, or with the approval of the secretary, where funds from the federal abandoned mine reclamation fund have been used, transfer jurisdiction of such property or any portion thereof to any state or federal agency that can best utilize such property for public purposes. If the retention of any property is determined to be impractical, the commissioner may, with the approval of the governor and attorney general and reporter, where property has been reclaimed exclusively with state funds, or with the approval of the secretary, where funds from the federal abandoned mine reclamation fund have been used, sell such property at not less than fair market value to political subdivisions of the state or by public sale under a system of competitive bidding at not less than fair market value and under such other regulations promulgated to ensure that such lands are put to proper use consistent with local and state land use plans, if any. Such property shall be sold subject to the condition that no surface mining shall be conducted thereon at any time thereafter. The proceeds of any such sale shall be credited to the Tennessee surface mine reclamation fund provided for in § 59-8-212 if it has been reclaimed exclusively with state funds, or to the federal abandoned mine reclamation fund, if it has been reclaimed with funds from that source. (i) No property with respect to which a bond conditioned upon the reclamation thereof is in effect shall be acquired pursuant to this section, nor shall any provisions of this part be construed to relieve any person from any obligation to regrade, vegetate or perform other reclamation required by law. (j) All acquisitions and disposals of property or any interest therein pursuant to the authority granted by this part, shall be governed by the applicable provisions of title 12, chapters 1 and 2, where not inconsistent with the federal Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. §§ 1201 - 1328 ). (k) The commissioner, when requested after appropriate public notice, shall hold a public hearing in the county or counties in which property acquired pursuant to this section is located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the property after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. (l) In addition to the authority to acquire property under this section, this state, and its political subdivisions, acting by and through the department, are authorized to accept property transferred by the secretary, if the secretary determines that such transfer is an integral and necessary element of an economically feasible plan for the project to construct or rehabilitate housing for persons disabled as the result of employment in the mines or work incidental thereto, persons displaced by acquisition of land pursuant to this section, or persons dislocated as the result of adverse effect of coal mining practices which constitute an emergency as provided in 30 U.S.C. § 1240 , or persons dislocated as the result of natural disasters or catastrophic failures from any cause. Such activities shall be accomplished under such terms and conditions as the secretary shall require, which may include transfers of land with or without monetary consideration; provided, that, to the extent that the consideration is below the fair market value of the land transferred, no portion of the difference between the fair market value and the consideration shall accrue as a profit to such persons, firm, association, or corporation. No part of the funds provided under this part may be used to pay the actual construction costs of housing. The secretary may carry out the purposes of this subsection ( l ) directly or the secretary may make grants and commitments for grants, and may advance money under such terms and conditions as the secretary may require to the state, or any department, agency, or instrumentality of the state, or any public body or nonprofit organization designated by the commissioner. (m) In the reclamation of property affected by surface coal mining, the commissioner may utilize any services which may be provided by other state or local agencies or by agencies of the federal government, and may compensate them for such services. The commissioner may also receive any federal funds, state funds, or any other funds for the reclamation of property affected by surface coal mining. The commissioner may cause the reclamation and revegetation work to be done by employees of the commissioner's own department or by employees of other governmental agencies or through contracts with qualified persons. Such contracts shall be awarded to the lowest and best bidder upon competitive bids after reasonable advertisement. The designees of the commissioner and any other agency and any contractor under a contract with the commissioner shall have the right of access to the property affected to carry out such reclamation. Any funds available to the commissioner and any public works program may be used and expended to reclaim any property that has been subjected to surface mining that has not been reclaimed in accordance with standards set by this part or regulations thereunder and which are not covered by bond to guarantee such reclamation. Acts 1980, ch. 908, § 24; 1984, ch. 837, § 3; T.C.A. § 59-8-324 .
(a) This state, acting by and through the department of environment and conservation, may acquire any property, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the commissioner determines that acquisition of such land is necessary to successful reclamation and that: (1) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and (2) Permanent facilities such as treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or (3) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this part or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of coal mining practices.
(1) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and
(2) Permanent facilities such as treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or
(3) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this part or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of coal mining practices.
(b) Prior to the acquisition of any property pursuant to this section, using exclusively state funds, the commissioner shall extend to the owners of the property an opportunity to regrade the area affected, correct drainage problems, plant vegetative cover, and do other acts of reclamation as required by the commissioner. If the owner or owners agree in writing to perform such reclamation and, weather permitting, start such reclamation within a period of sixty (60) days, and continue to completion, the property shall not be acquired by the state.
(c) The commissioner shall attempt to purchase any property which the commissioner has determined should be acquired for the purpose of reclamation using exclusively state funds and which the owners have not agreed to reclaim as provided for in subsection (b). Where the commissioner and the owners of the property are unable to agree upon the amount to be paid for such property, the commissioner may exercise the power of eminent domain against such property.
(d) The purchase price, in the case of a negotiated acquisition, or the damages as finally determined in the case of acquisition by condemnation, and the necessary expenses incidental thereto, shall be paid from the Tennessee surface mine reclamation fund, the federal abandoned mine reclamation fund with the approval of the secretary, or from appropriations made by the general assembly for such purposes.
(e) The commissioner, or the commissioner's agents, employees, or contractors, shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare, and shall not be construed as an act of condemnation of property nor trespass thereon.
(f) If the commissioner makes a finding of fact that: (1) Land or water resources have been adversely affected by past coal mining practices; and (2) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and (3) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or (4) The owners will not give permission for the commissioner, the commissioner's agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices; then, upon giving notice by mail to the owners if known, or if not known, by posting notice upon the property and advertising once in a newspaper of general circulation in the county in which the property lies, the state shall have the right to enter upon the property adversely affected by past coal mining practices, and any other property which is necessary for access to such property, to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such property so entered upon shall be chargeable against such property, and shall mitigate or offset any claim or action brought by any owner of any interest in such property for any alleged damages by virtue of such entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities.
(1) Land or water resources have been adversely affected by past coal mining practices; and
(2) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and
(3) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or
(4) The owners will not give permission for the commissioner, the commissioner's agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices; then, upon giving notice by mail to the owners if known, or if not known, by posting notice upon the property and advertising once in a newspaper of general circulation in the county in which the property lies, the state shall have the right to enter upon the property adversely affected by past coal mining practices, and any other property which is necessary for access to such property, to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such property so entered upon shall be chargeable against such property, and shall mitigate or offset any claim or action brought by any owner of any interest in such property for any alleged damages by virtue of such entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities.
then, upon giving notice by mail to the owners if known, or if not known, by posting notice upon the property and advertising once in a newspaper of general circulation in the county in which the property lies, the state shall have the right to enter upon the property adversely affected by past coal mining practices, and any other property which is necessary for access to such property, to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such property so entered upon shall be chargeable against such property, and shall mitigate or offset any claim or action brought by any owner of any interest in such property for any alleged damages by virtue of such entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities.
(g) Title to all property acquired pursuant to this section shall be in the name of the state of Tennessee. The price paid for property acquired under this section shall reflect the market value of the property in its unreclaimed condition as adversely affected by past coal mining practices.
(h) After the reclamation of the acquired property, the commissioner may, with the approval of the governor, where property has been reclaimed exclusively with state funds, or with the approval of the secretary, where funds from the federal abandoned mine reclamation fund have been used, transfer jurisdiction of such property or any portion thereof to any state or federal agency that can best utilize such property for public purposes. If the retention of any property is determined to be impractical, the commissioner may, with the approval of the governor and attorney general and reporter, where property has been reclaimed exclusively with state funds, or with the approval of the secretary, where funds from the federal abandoned mine reclamation fund have been used, sell such property at not less than fair market value to political subdivisions of the state or by public sale under a system of competitive bidding at not less than fair market value and under such other regulations promulgated to ensure that such lands are put to proper use consistent with local and state land use plans, if any. Such property shall be sold subject to the condition that no surface mining shall be conducted thereon at any time thereafter. The proceeds of any such sale shall be credited to the Tennessee surface mine reclamation fund provided for in § 59-8-212 if it has been reclaimed exclusively with state funds, or to the federal abandoned mine reclamation fund, if it has been reclaimed with funds from that source.
(i) No property with respect to which a bond conditioned upon the reclamation thereof is in effect shall be acquired pursuant to this section, nor shall any provisions of this part be construed to relieve any person from any obligation to regrade, vegetate or perform other reclamation required by law.
(j) All acquisitions and disposals of property or any interest therein pursuant to the authority granted by this part, shall be governed by the applicable provisions of title 12, chapters 1 and 2, where not inconsistent with the federal Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. §§ 1201 - 1328 ).
(k) The commissioner, when requested after appropriate public notice, shall hold a public hearing in the county or counties in which property acquired pursuant to this section is located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the property after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
(l) In addition to the authority to acquire property under this section, this state, and its political subdivisions, acting by and through the department, are authorized to accept property transferred by the secretary, if the secretary determines that such transfer is an integral and necessary element of an economically feasible plan for the project to construct or rehabilitate housing for persons disabled as the result of employment in the mines or work incidental thereto, persons displaced by acquisition of land pursuant to this section, or persons dislocated as the result of adverse effect of coal mining practices which constitute an emergency as provided in 30 U.S.C. § 1240 , or persons dislocated as the result of natural disasters or catastrophic failures from any cause. Such activities shall be accomplished under such terms and conditions as the secretary shall require, which may include transfers of land with or without monetary consideration; provided, that, to the extent that the consideration is below the fair market value of the land transferred, no portion of the difference between the fair market value and the consideration shall accrue as a profit to such persons, firm, association, or corporation. No part of the funds provided under this part may be used to pay the actual construction costs of housing. The secretary may carry out the purposes of this subsection ( l ) directly or the secretary may make grants and commitments for grants, and may advance money under such terms and conditions as the secretary may require to the state, or any department, agency, or instrumentality of the state, or any public body or nonprofit organization designated by the commissioner.
(m) In the reclamation of property affected by surface coal mining, the commissioner may utilize any services which may be provided by other state or local agencies or by agencies of the federal government, and may compensate them for such services. The commissioner may also receive any federal funds, state funds, or any other funds for the reclamation of property affected by surface coal mining. The commissioner may cause the reclamation and revegetation work to be done by employees of the commissioner's own department or by employees of other governmental agencies or through contracts with qualified persons. Such contracts shall be awarded to the lowest and best bidder upon competitive bids after reasonable advertisement. The designees of the commissioner and any other agency and any contractor under a contract with the commissioner shall have the right of access to the property affected to carry out such reclamation. Any funds available to the commissioner and any public works program may be used and expended to reclaim any property that has been subjected to surface mining that has not been reclaimed in accordance with standards set by this part or regulations thereunder and which are not covered by bond to guarantee such reclamation.
Acts 1980, ch. 908, § 24; 1984, ch. 837, § 3; T.C.A. § 59-8-324 .
Tenn. Code Ann. § 59-8-208 — TN Code / Title 59 / Chapter 8 / Section 59-8-208
Mining and reclamation plans
Status: in_force

(a) Each operator shall prepare and carry out a mining and reclamation plan for the area affected by the operator's operation, such plan to be submitted by the operator for the commissioner's approval with the application for a permit. Such plan shall provide for: (1) Regrading the area to approximately the original or rolling topography, and elimination of all highwalls, spoil piles, and water-collecting depressions to the extent that such can be done with available overburden. Demonstrated new technology methods, approved by the commissioner, will be acceptable for highwall elimination and those established spoil piles, which no longer pose hazards to the environment as determined by the commissioner, shall not be included; (2) Water drainage and silt control for all the affected areas so as to strictly control soil erosion, damage to adjacent lands, and pollution of streams and other waters, both during and following the mining operations. As mining begins, all drainways for the affected area shall be protected with silt traps or dams of approved design as directed by the regulations. The operator may elect to impound water to provide lakes or ponds of approved design for wildlife, recreational, or water supply purposes if it is a part of the approved reclamation plan; (3) Revegetation of the affected area as provided in § 59-8-209 ; (4) If the land is restored to permit cultivating with normal farm machinery, the operator is relieved of all further rehabilitation, except seeding with grass or legumes during the next growing season for quick erosion control; (5) Carrying out any additional reclamation work required by the rules and regulations adopted by the commissioner; (6) A description of the use to which the area affected will be placed at the conclusion of reclamation; and (7) When mining is temporarily terminated at a particular mining site or sites with substantial minerals remaining for probable future production, the operator is permitted to reclaim mined areas other than those included in the operator's current operations in lieu of reclaiming the mined areas where the mining has temporarily ceased. (b) In addition to the requirements specified in subsection (a), the mining and reclamation plan submitted by the operator in connection with the operator's application for a permit shall include a detailed topographic map, prepared by a qualified engineer, geologist or other qualified professional approved by the commissioner, on a United States geological survey map, or aerial photograph, or equivalent as may be approved by the commissioner, and on such scale as the commissioner shall require by regulation showing: (1) The area of land affected, the location of the stream or streams or any standing body of water into which the area drains, the location of drainways and the planned siltation traps and other impoundments, and the location of haul or other access roads to be prepared or used by the operator in the mining operation; (2) The location of any buildings, cemeteries, public highways, railroad tracks, gas and oil wells, publicly owned land, officially designated scenic areas, utility lines, underground mines, transmission lines or pipe lines within the affected area or within five hundred feet (500') thereof; (3) The approximate location of the cuts or excavations to be made in the surface and the estimated location and height of spoil banks, and the total number of acres involved in the area of land affected; and (4) The date the map was prepared, together with a certification as to its accuracy by the person responsible for its preparation. (c) The surface mining application will be accompanied by a detailed mining plan showing the depth and character of overburden; the thickness of the mineral being mined; method of mining; mine waste disposal areas; the manner, timing and distance for backfilling, grading work; final mine waste disposal areas and final shape of stable slope; and a reclamation plan for haul roads that are to be left, which proposals shall meet the provisions of this section and all rules and regulations adopted pursuant thereto by the commissioner. The application shall assure that all reshaping will be completed within such time as permitted by the commissioner's regulations which shall not be more than three (3) months, weather permitting, after completion of the removal of the mineral being mined. (d) The mining and reclamation plan may, with the commissioner's approval, be changed at any time upon application of the operator, to take account of changes in conditions or to correct any previous oversight. After approval of a mining and reclamation plan or any amendment thereof by the commissioner, the operator shall not depart therefrom without the commissioner's further approval. The plan shall be carried out concurrently with the surface mining operation and all of the reclamation work shall be completed with respect to each acre within such time as permitted by the commissioner's regulations, which shall not be more than one (1) year after completion of the mining operation with respect to each such acre. Each operator shall file periodic reports, within such times and covering such periods as the commissioner shall reasonably require, showing those portions of the affected area for which reclamation in accordance with the approved plan has been completed. The commissioner shall inspect such areas and shall notify the operator whether the reclamation is accepted as being in accordance with the approved plan or whether there are deficiencies which must be corrected. (e) Any plan required by this section or part shall be prepared in accordance with the procedures set out in title 13, chapter 18 when such plan involves a major energy project, as defined in § 13-18-102 . Acts 1972, ch. 547, § 8; 1974, ch. 590, §§ 6, 7; 1975, ch. 310, § 2; 1976, ch. 752, § 2; 1978, ch. 679, § 2; T.C.A., § 58-1547; Acts 1980, ch. 695, § 3; 1980, ch. 908, § 43; 1981, ch. 131, § 38; 1992, ch. 1011, § 1.
(a) Each operator shall prepare and carry out a mining and reclamation plan for the area affected by the operator's operation, such plan to be submitted by the operator for the commissioner's approval with the application for a permit. Such plan shall provide for: (1) Regrading the area to approximately the original or rolling topography, and elimination of all highwalls, spoil piles, and water-collecting depressions to the extent that such can be done with available overburden. Demonstrated new technology methods, approved by the commissioner, will be acceptable for highwall elimination and those established spoil piles, which no longer pose hazards to the environment as determined by the commissioner, shall not be included; (2) Water drainage and silt control for all the affected areas so as to strictly control soil erosion, damage to adjacent lands, and pollution of streams and other waters, both during and following the mining operations. As mining begins, all drainways for the affected area shall be protected with silt traps or dams of approved design as directed by the regulations. The operator may elect to impound water to provide lakes or ponds of approved design for wildlife, recreational, or water supply purposes if it is a part of the approved reclamation plan; (3) Revegetation of the affected area as provided in § 59-8-209 ; (4) If the land is restored to permit cultivating with normal farm machinery, the operator is relieved of all further rehabilitation, except seeding with grass or legumes during the next growing season for quick erosion control; (5) Carrying out any additional reclamation work required by the rules and regulations adopted by the commissioner; (6) A description of the use to which the area affected will be placed at the conclusion of reclamation; and (7) When mining is temporarily terminated at a particular mining site or sites with substantial minerals remaining for probable future production, the operator is permitted to reclaim mined areas other than those included in the operator's current operations in lieu of reclaiming the mined areas where the mining has temporarily ceased.
(1) Regrading the area to approximately the original or rolling topography, and elimination of all highwalls, spoil piles, and water-collecting depressions to the extent that such can be done with available overburden. Demonstrated new technology methods, approved by the commissioner, will be acceptable for highwall elimination and those established spoil piles, which no longer pose hazards to the environment as determined by the commissioner, shall not be included;
(2) Water drainage and silt control for all the affected areas so as to strictly control soil erosion, damage to adjacent lands, and pollution of streams and other waters, both during and following the mining operations. As mining begins, all drainways for the affected area shall be protected with silt traps or dams of approved design as directed by the regulations. The operator may elect to impound water to provide lakes or ponds of approved design for wildlife, recreational, or water supply purposes if it is a part of the approved reclamation plan;
(3) Revegetation of the affected area as provided in § 59-8-209 ;
(4) If the land is restored to permit cultivating with normal farm machinery, the operator is relieved of all further rehabilitation, except seeding with grass or legumes during the next growing season for quick erosion control;
(5) Carrying out any additional reclamation work required by the rules and regulations adopted by the commissioner;
(6) A description of the use to which the area affected will be placed at the conclusion of reclamation; and
(7) When mining is temporarily terminated at a particular mining site or sites with substantial minerals remaining for probable future production, the operator is permitted to reclaim mined areas other than those included in the operator's current operations in lieu of reclaiming the mined areas where the mining has temporarily ceased.
(b) In addition to the requirements specified in subsection (a), the mining and reclamation plan submitted by the operator in connection with the operator's application for a permit shall include a detailed topographic map, prepared by a qualified engineer, geologist or other qualified professional approved by the commissioner, on a United States geological survey map, or aerial photograph, or equivalent as may be approved by the commissioner, and on such scale as the commissioner shall require by regulation showing: (1) The area of land affected, the location of the stream or streams or any standing body of water into which the area drains, the location of drainways and the planned siltation traps and other impoundments, and the location of haul or other access roads to be prepared or used by the operator in the mining operation; (2) The location of any buildings, cemeteries, public highways, railroad tracks, gas and oil wells, publicly owned land, officially designated scenic areas, utility lines, underground mines, transmission lines or pipe lines within the affected area or within five hundred feet (500') thereof; (3) The approximate location of the cuts or excavations to be made in the surface and the estimated location and height of spoil banks, and the total number of acres involved in the area of land affected; and (4) The date the map was prepared, together with a certification as to its accuracy by the person responsible for its preparation.
(1) The area of land affected, the location of the stream or streams or any standing body of water into which the area drains, the location of drainways and the planned siltation traps and other impoundments, and the location of haul or other access roads to be prepared or used by the operator in the mining operation;
(2) The location of any buildings, cemeteries, public highways, railroad tracks, gas and oil wells, publicly owned land, officially designated scenic areas, utility lines, underground mines, transmission lines or pipe lines within the affected area or within five hundred feet (500') thereof;
(3) The approximate location of the cuts or excavations to be made in the surface and the estimated location and height of spoil banks, and the total number of acres involved in the area of land affected; and
(4) The date the map was prepared, together with a certification as to its accuracy by the person responsible for its preparation.
(c) The surface mining application will be accompanied by a detailed mining plan showing the depth and character of overburden; the thickness of the mineral being mined; method of mining; mine waste disposal areas; the manner, timing and distance for backfilling, grading work; final mine waste disposal areas and final shape of stable slope; and a reclamation plan for haul roads that are to be left, which proposals shall meet the provisions of this section and all rules and regulations adopted pursuant thereto by the commissioner. The application shall assure that all reshaping will be completed within such time as permitted by the commissioner's regulations which shall not be more than three (3) months, weather permitting, after completion of the removal of the mineral being mined.
(d) The mining and reclamation plan may, with the commissioner's approval, be changed at any time upon application of the operator, to take account of changes in conditions or to correct any previous oversight. After approval of a mining and reclamation plan or any amendment thereof by the commissioner, the operator shall not depart therefrom without the commissioner's further approval. The plan shall be carried out concurrently with the surface mining operation and all of the reclamation work shall be completed with respect to each acre within such time as permitted by the commissioner's regulations, which shall not be more than one (1) year after completion of the mining operation with respect to each such acre. Each operator shall file periodic reports, within such times and covering such periods as the commissioner shall reasonably require, showing those portions of the affected area for which reclamation in accordance with the approved plan has been completed. The commissioner shall inspect such areas and shall notify the operator whether the reclamation is accepted as being in accordance with the approved plan or whether there are deficiencies which must be corrected.
(e) Any plan required by this section or part shall be prepared in accordance with the procedures set out in title 13, chapter 18 when such plan involves a major energy project, as defined in § 13-18-102 .
Acts 1972, ch. 547, § 8; 1974, ch. 590, §§ 6, 7; 1975, ch. 310, § 2; 1976, ch. 752, § 2; 1978, ch. 679, § 2; T.C.A., § 58-1547; Acts 1980, ch. 695, § 3; 1980, ch. 908, § 43; 1981, ch. 131, § 38; 1992, ch. 1011, § 1.
Tenn. Code Ann. § 59-13-144 — TN Code / Title 59 / Chapter 13 / Section 59-13-144
Applicability of corporation laws - Conflicting laws
Status: in_force

(a) The general corporation laws and all powers and rights under such laws shall apply to the associations organized pursuant to such laws, except where such provisions are in conflict or inconsistent with the express provisions of this chapter. (b) Any law which is in conflict with this chapter shall be construed as not applying to the associations herein provided for. Acts 1984, ch. 864, §§ 35, 42.
(a) The general corporation laws and all powers and rights under such laws shall apply to the associations organized pursuant to such laws, except where such provisions are in conflict or inconsistent with the express provisions of this chapter.
(b) Any law which is in conflict with this chapter shall be construed as not applying to the associations herein provided for.
Acts 1984, ch. 864, §§ 35, 42.
Tenn. Code Ann. § 59-1-101 — TN Code / Title 59 / Chapter 1 / Section 59-1-101
Owners and operators to make annual statistical reports - Inspection of books
Status: in_force

(a) Every owner or operator engaged in mining, quarrying, or production of coal, cobalt, copper, fluorspar, gold, iron ores, lead, zinc, manganese, natural and other gas, petroleum, phosphate rock, platinum, silver, marble and other stone, gypsum, ocher, pyrites, clay products, slate or other minerals, or engaged in the manufacture of coke, coal tar, gas, pig iron, ammonium sulphate, gas coke, Portland and other natural cements and all other by-products of any other mineral produced in this state, shall on or before February 15 of each year make out and send to the department of labor and workforce development on a form prescribed by the division a detailed annual report giving statistics and information concerning the output of mines or plants or other business, the tonnage or man hours for mines that do not measure tons mined, number of employees, and the estimated number of days worked. (b) It is a Class C misdemeanor for any person to fail or refuse to furnish the department any and all information called for in the annual report as above provided for each day of delay, any fine to go to this state. It is the duty of the commissioner of labor and workforce development or the commissioner's designated representative to report such failure to the district attorney general of the district where the mine, quarry, plant, or other work is situated; and in the event of the failure to furnish such information, it shall be the duty of the commissioner or the commissioner's designated representative to call upon such persons and inspect such books and records as will give the information above provided for; and such person shall be required to permit examination of all necessary books or records. Acts 1915, ch. 169, § 7; Shan., § 3079a78; Code 1932, §5562; modified; T.C.A. (orig. ed.), § 58-113; Acts 1985, ch. 288, §§ 43-47; 1989, ch. 591, § 113; 1999, ch. 520, §43; 2016 , ch. 599, § 7; 2017 , ch. 356, § 1; T.C.A. § 59-1-113 .
(a) Every owner or operator engaged in mining, quarrying, or production of coal, cobalt, copper, fluorspar, gold, iron ores, lead, zinc, manganese, natural and other gas, petroleum, phosphate rock, platinum, silver, marble and other stone, gypsum, ocher, pyrites, clay products, slate or other minerals, or engaged in the manufacture of coke, coal tar, gas, pig iron, ammonium sulphate, gas coke, Portland and other natural cements and all other by-products of any other mineral produced in this state, shall on or before February 15 of each year make out and send to the department of labor and workforce development on a form prescribed by the division a detailed annual report giving statistics and information concerning the output of mines or plants or other business, the tonnage or man hours for mines that do not measure tons mined, number of employees, and the estimated number of days worked.
(b) It is a Class C misdemeanor for any person to fail or refuse to furnish the department any and all information called for in the annual report as above provided for each day of delay, any fine to go to this state. It is the duty of the commissioner of labor and workforce development or the commissioner's designated representative to report such failure to the district attorney general of the district where the mine, quarry, plant, or other work is situated; and in the event of the failure to furnish such information, it shall be the duty of the commissioner or the commissioner's designated representative to call upon such persons and inspect such books and records as will give the information above provided for; and such person shall be required to permit examination of all necessary books or records.
Acts 1915, ch. 169, § 7; Shan., § 3079a78; Code 1932, §5562; modified; T.C.A. (orig. ed.), § 58-113; Acts 1985, ch. 288, §§ 43-47; 1989, ch. 591, § 113; 1999, ch. 520, §43; 2016 , ch. 599, § 7; 2017 , ch. 356, § 1; T.C.A. § 59-1-113 .