Tenn. Code Ann. § 59-4-401 — TN Code / Title 59 / Chapter 4 / Section 59-4-401
Reports required of owners, superintendents or foremen
Status: in_force

It is the further duty of every owner, lessee of any coal lands, superintendent, or foreman to report the facts in the following cases promptly, to the department of labor and workforce development: (1) Any change in the name of any mine or any owner, agent, manager, superintendent, foreman (including, in the case of commercial coal mines, any change in assistant foreman or the officers of any company) which owns and operates a mine in this state; (2) Any working commenced for the purpose of opening a new shaft, slope, or mine; (3) Where any mine is abandoned or the working thereof is discontinued indefinitely; (4) Where the working of any mine is recommenced after any abandonment or discontinuance for a period of two (2) months; (5) Every lost-time accident in a mine other than a commercial coal mine, whether it results in death or not; and (6) Every accident of any nature to a person in a commercial coal mine, whether it results in death or not. Acts 1915, ch. 169, § 24; 1917, ch. 111; Shan., § 3079a141; Code 1932, § 5624; Acts 1951, ch. 245, § 16 (Williams, § 5555); Acts 1953, ch. 86, § 16 (Williams, § 5638.16); modified; T.C.A. (orig. ed.), § 58-415; Acts 1985, ch. 288, §§ 36-38.
It is the further duty of every owner, lessee of any coal lands, superintendent, or foreman to report the facts in the following cases promptly, to the department of labor and workforce development:
(1) Any change in the name of any mine or any owner, agent, manager, superintendent, foreman (including, in the case of commercial coal mines, any change in assistant foreman or the officers of any company) which owns and operates a mine in this state;
(2) Any working commenced for the purpose of opening a new shaft, slope, or mine;
(3) Where any mine is abandoned or the working thereof is discontinued indefinitely;
(4) Where the working of any mine is recommenced after any abandonment or discontinuance for a period of two (2) months;
(5) Every lost-time accident in a mine other than a commercial coal mine, whether it results in death or not; and
(6) Every accident of any nature to a person in a commercial coal mine, whether it results in death or not.
Acts 1915, ch. 169, § 24; 1917, ch. 111; Shan., § 3079a141; Code 1932, § 5624; Acts 1951, ch. 245, § 16 (Williams, § 5555); Acts 1953, ch. 86, § 16 (Williams, § 5638.16); modified; T.C.A. (orig. ed.), § 58-415; Acts 1985, ch. 288, §§ 36-38.
Tenn. Code Ann. § 59-8-402 — TN Code / Title 59 / Chapter 8 / Section 59-8-402
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 6.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 6.
Tenn. Code Ann. § 59-8-211 — TN Code / Title 59 / Chapter 8 / Section 59-8-211
Notice of noncompliance - Forfeiture of bond
Status: in_force

(a) If any of the requirements of this part or rules and regulations adopted pursuant thereto or the orders of the commissioner have not been complied with within the time limits set by the commissioner or by this part, the commissioner shall cause a notice of noncompliance to be served upon the operator, or, where found necessary, the commissioner shall order suspension of a permit. Such notice or order shall be handed to the operator in person or served by certified mail addressed to the permanent address shown on the application for a permit. The notice of noncompliance or order of suspension shall specify in what respects the operator has failed to comply with this chapter or the regulations or orders of the commissioner. (b) If the operator has not reached an agreement with the commissioner or has not complied with the requirements set forth in the notice of noncompliance or order of suspension within time limits set therein, the permit may be revoked by order of the commissioner and the performance bond shall then be forfeited to the commissioner. When a bond is forfeited pursuant to this part, the commissioner shall give notice to the attorney general and reporter who shall collect the forfeiture. Acts 1972, ch. 547, § 11; T.C.A., § 58-1550.
(a) If any of the requirements of this part or rules and regulations adopted pursuant thereto or the orders of the commissioner have not been complied with within the time limits set by the commissioner or by this part, the commissioner shall cause a notice of noncompliance to be served upon the operator, or, where found necessary, the commissioner shall order suspension of a permit. Such notice or order shall be handed to the operator in person or served by certified mail addressed to the permanent address shown on the application for a permit. The notice of noncompliance or order of suspension shall specify in what respects the operator has failed to comply with this chapter or the regulations or orders of the commissioner.
(b) If the operator has not reached an agreement with the commissioner or has not complied with the requirements set forth in the notice of noncompliance or order of suspension within time limits set therein, the permit may be revoked by order of the commissioner and the performance bond shall then be forfeited to the commissioner. When a bond is forfeited pursuant to this part, the commissioner shall give notice to the attorney general and reporter who shall collect the forfeiture.
Acts 1972, ch. 547, § 11; T.C.A., § 58-1550.
Tenn. Code Ann. § 59-4-206 — TN Code / Title 59 / Chapter 4 / Section 59-4-206
Lost certificates - Copies
Status: in_force

In case of the loss or destruction of a certificate, the secretary of state may supply a copy thereof to the person losing same upon the payment of fifty cents (50¢); provided, that it shall be shown to the satisfaction of the secretary of state that the loss has actually occurred and the loser was a holder of such certificate. Acts 1915, ch. 169, § 16; Shan., § 3079a108; mod. Code 1932, § 5591; Acts 1953, ch. 86, § 30 (Williams, §§ 5591, 5638.30); T.C.A., (orig. ed.), § 58-409.
In case of the loss or destruction of a certificate, the secretary of state may supply a copy thereof to the person losing same upon the payment of fifty cents (50¢); provided, that it shall be shown to the satisfaction of the secretary of state that the loss has actually occurred and the loser was a holder of such certificate.
Acts 1915, ch. 169, § 16; Shan., § 3079a108; mod. Code 1932, § 5591; Acts 1953, ch. 86, § 30 (Williams, §§ 5591, 5638.30); T.C.A., (orig. ed.), § 58-409.
Tenn. Code Ann. § 59-8-412 — TN Code / Title 59 / Chapter 8 / Section 59-8-412
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 16.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 16.
Tenn. Code Ann. § 59-13-130 — TN Code / Title 59 / Chapter 13 / Section 59-13-130
Referral of policy to membership
Status: in_force

Upon demand of two-thirds (2/3) of the entire board of directors, made immediately and so recorded at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose. Acts 1984, ch. 864, § 30.
Upon demand of two-thirds (2/3) of the entire board of directors, made immediately and so recorded at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose.
Acts 1984, ch. 864, § 30.
Tenn. Code Ann. § 59-8-306 — TN Code / Title 59 / Chapter 8 / Section 59-8-306
Applicability of prior law
Status: in_force

(a) Any person who obtained a permit from the state for coal surface mining prior to May 3, 1978, and whose bond had not been released in full, shall be subject to all requirements regarding the performance standards, permit, bonding and reclamation in existence as of the date such permit was issued, which laws and regulations shall remain in full force and effect solely for the purpose of state regulation of such sites. (b) Any person who obtained a permit from the state for coal surface mining prior to September 30, 1984, but after May 3, 1978, and upon whom bond forfeiture has been commenced by the department prior to October 1, 1984, shall be subject to all requirements regarding performance standards, permit, bonding and reclamation in existence as of the date such permit was issued, which laws and regulations shall remain in full force and effect for such purpose until the bond is collected or released. This subsection (b) shall be null and void if the secretary of the interior assumes any jurisdiction over such bond forfeitures. (c) All penalty provisions and enforcement and administrative powers and duties in existence as of the date such permits were issued shall remain in force and effect for the administration and enforcement of subsections (a) and (b) by the commissioner and the department. All administrative review and judicial review for the purposes of this section shall be in accordance with [former] §§ 59-8-321 [repealed. See the Compiler's Notes] and [former] 59-8-322 [repealed. See the Compiler's Notes]. Acts 1984, ch. 837, §6; T.C.A. § 59-8-353 .
(a) Any person who obtained a permit from the state for coal surface mining prior to May 3, 1978, and whose bond had not been released in full, shall be subject to all requirements regarding the performance standards, permit, bonding and reclamation in existence as of the date such permit was issued, which laws and regulations shall remain in full force and effect solely for the purpose of state regulation of such sites.
(b) Any person who obtained a permit from the state for coal surface mining prior to September 30, 1984, but after May 3, 1978, and upon whom bond forfeiture has been commenced by the department prior to October 1, 1984, shall be subject to all requirements regarding performance standards, permit, bonding and reclamation in existence as of the date such permit was issued, which laws and regulations shall remain in full force and effect for such purpose until the bond is collected or released. This subsection (b) shall be null and void if the secretary of the interior assumes any jurisdiction over such bond forfeitures.
(c) All penalty provisions and enforcement and administrative powers and duties in existence as of the date such permits were issued shall remain in force and effect for the administration and enforcement of subsections (a) and (b) by the commissioner and the department. All administrative review and judicial review for the purposes of this section shall be in accordance with [former] §§ 59-8-321 [repealed. See the Compiler's Notes] and [former] 59-8-322 [repealed. See the Compiler's Notes].
Acts 1984, ch. 837, §6; T.C.A. § 59-8-353 .
Tenn. Code Ann. § 59-13-108 — TN Code / Title 59 / Chapter 13 / Section 59-13-108
Membership - Stock
Status: in_force

(a) Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members (or issue common stock to) only persons engaged in the production of coal or its derivatives to be handled by or through the association. (b) If a member of a nonstock association be other than a natural person, such members may be represented by any individual, associate, officer, or manager, or member of such association duly authorized in writing. (c) One (1) association organized hereunder may become a member or stockholder of any other association or associations organized hereunder. Acts 1984, ch. 864, § 8.
(a) Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members (or issue common stock to) only persons engaged in the production of coal or its derivatives to be handled by or through the association.
(b) If a member of a nonstock association be other than a natural person, such members may be represented by any individual, associate, officer, or manager, or member of such association duly authorized in writing.
(c) One (1) association organized hereunder may become a member or stockholder of any other association or associations organized hereunder.
Acts 1984, ch. 864, § 8.
Tenn. Code Ann. § 59-8-417 — TN Code / Title 59 / Chapter 8 / Section 59-8-417
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 21.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 21.
Tenn. Code Ann. § 59-8-104 — TN Code / Title 59 / Chapter 8 / Section 59-8-104
Severability
Status: in_force

If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are declared to be severable. 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.
If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are declared to be severable.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-13-105 — TN Code / Title 59 / Chapter 13 / Section 59-13-105
Purposes
Status: in_force

An association may be organized to engage in any activity in connection with the marketing or selling of the coal of its members or with the sampling, storing, processing, permitting, reclamation, or transporting of the coal or its derivatives; or in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; or in the financing of the above enumerated activities; or in any one (1) or more of the activities specified in this chapter. Acts 1984, ch. 864, § 5.
An association may be organized to engage in any activity in connection with the marketing or selling of the coal of its members or with the sampling, storing, processing, permitting, reclamation, or transporting of the coal or its derivatives; or in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; or in the financing of the above enumerated activities; or in any one (1) or more of the activities specified in this chapter.
Acts 1984, ch. 864, § 5.
Tenn. Code Ann. § 59-8-114 — TN Code / Title 59 / Chapter 8 / Section 59-8-114
Inspections of surface coal mining and reclamation operations - Monitoring data collection and analysis
Status: in_force

(a) The commissioner shall make inspections of any surface coal mining and reclamation operation that are necessary to determine whether the operation is in compliance with this part, and all rules promulgated and permits issued pursuant to this part, and has a right of entry to, upon, or through any surface coal mining and reclamation operation in order to conduct the inspections. (b) For the purposes of administering and enforcing any permit under this part, adequately developing a regulatory program, or determining whether any person is in violation of any requirement of this part or any other requirement of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.): (1) The commissioner shall require any permittee to: (A) Establish and maintain appropriate records; (B) Make monthly reports to the commissioner; (C) Install, use, and maintain any necessary monitoring equipment or methods; (D) Evaluate results in accordance with the methods, at such locations, intervals, and manner that the commissioner prescribes; and (E) Provide other information relative to surface coal mining and reclamation operations that the commissioner deems reasonable and necessary. (2) For surface coal mining and reclamation operations that remove or disturb strata serving as aquifers, which significantly ensure the hydrologic balance of water use, either on or off the mining site, the commissioner shall specify those: (A) Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence; (B) Monitoring sites to record level, amount, and samples of groundwater and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined; (C) Records of well logs and borehole data to be maintained; and (D) Monitoring sites to record precipitation. (c) The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the commissioner to assure their reliability and validity. (d) The authorized representatives of the commissioner, without advance notice, and upon presentation of appropriate credentials: (1) Have the right of entry to, upon, or through any surface coal mining and reclamation operation or any premises in which any records required to be maintained under subsection (b) are located; and (2) May, at reasonable times, and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under this part. (e) The commissioner's inspections shall: (1) Occur on an irregular basis, averaging not less than one (1) partial inspection per month and one (1) complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit; (2) Occur without prior notice to the permittee or the permittee's agents or employees, except as necessary for on-site meetings with the permittee; and (3) Include the filing of inspection reports adequate to enforce the requirements of, and to carry out the terms and purposes of, this part. (f) Each permittee shall conspicuously maintain at the entrances to each surface coal mining and reclamation operation, a clearly visible sign that states the name, business address, and telephone number of the permittee and the permit number of the surface coal mining and reclamation operation. (g) If an inspector detects a violation of this part, the inspector shall immediately inform the operator in writing and make a written report of the violation to the commissioner. (h) The commissioner shall make copies of any records, reports, inspection materials, or information obtained under this part immediately available to the public at central and sufficient locations in the county, multicounty, and state area of mining so that they are conveniently available to residents in the areas of mining. (i) (1) Any person who is or may be adversely affected by a surface mining operation may notify the commissioner or any representative of the commissioner responsible for conducting the inspection, in writing, of any violation of this part which the person has reason to believe exists at the surface mining site. The commissioner shall, by rule, establish procedures for informal review of any refusal by a representative of the commissioner to issue a citation with respect to any such alleged violation. The commissioner shall furnish such persons requesting the review a written statement of the reasons for the commissioner's final disposition of the case. (2) The commissioner shall also, by rule, establish procedures to ensure that adequate and complete inspections are made. Any such person may notify the commissioner of any failure to make such inspections, after which the commissioner shall determine whether adequate and complete inspections have been made. The commissioner shall furnish such persons a written statement of the reasons for the commissioner's determination that adequate and complete inspections have or have not been conducted. 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 make inspections of any surface coal mining and reclamation operation that are necessary to determine whether the operation is in compliance with this part, and all rules promulgated and permits issued pursuant to this part, and has a right of entry to, upon, or through any surface coal mining and reclamation operation in order to conduct the inspections.
(b) For the purposes of administering and enforcing any permit under this part, adequately developing a regulatory program, or determining whether any person is in violation of any requirement of this part or any other requirement of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.): (1) The commissioner shall require any permittee to: (A) Establish and maintain appropriate records; (B) Make monthly reports to the commissioner; (C) Install, use, and maintain any necessary monitoring equipment or methods; (D) Evaluate results in accordance with the methods, at such locations, intervals, and manner that the commissioner prescribes; and (E) Provide other information relative to surface coal mining and reclamation operations that the commissioner deems reasonable and necessary. (2) For surface coal mining and reclamation operations that remove or disturb strata serving as aquifers, which significantly ensure the hydrologic balance of water use, either on or off the mining site, the commissioner shall specify those: (A) Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence; (B) Monitoring sites to record level, amount, and samples of groundwater and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined; (C) Records of well logs and borehole data to be maintained; and (D) Monitoring sites to record precipitation.
(1) The commissioner shall require any permittee to: (A) Establish and maintain appropriate records; (B) Make monthly reports to the commissioner; (C) Install, use, and maintain any necessary monitoring equipment or methods; (D) Evaluate results in accordance with the methods, at such locations, intervals, and manner that the commissioner prescribes; and (E) Provide other information relative to surface coal mining and reclamation operations that the commissioner deems reasonable and necessary.
(A) Establish and maintain appropriate records;
(B) Make monthly reports to the commissioner;
(C) Install, use, and maintain any necessary monitoring equipment or methods;
(D) Evaluate results in accordance with the methods, at such locations, intervals, and manner that the commissioner prescribes; and
(E) Provide other information relative to surface coal mining and reclamation operations that the commissioner deems reasonable and necessary.
(2) For surface coal mining and reclamation operations that remove or disturb strata serving as aquifers, which significantly ensure the hydrologic balance of water use, either on or off the mining site, the commissioner shall specify those: (A) Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence; (B) Monitoring sites to record level, amount, and samples of groundwater and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined; (C) Records of well logs and borehole data to be maintained; and (D) Monitoring sites to record precipitation.
(A) Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence;
(B) Monitoring sites to record level, amount, and samples of groundwater and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined;
(C) Records of well logs and borehole data to be maintained; and
(D) Monitoring sites to record precipitation.
(c) The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the commissioner to assure their reliability and validity.
(d) The authorized representatives of the commissioner, without advance notice, and upon presentation of appropriate credentials: (1) Have the right of entry to, upon, or through any surface coal mining and reclamation operation or any premises in which any records required to be maintained under subsection (b) are located; and (2) May, at reasonable times, and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under this part.
(1) Have the right of entry to, upon, or through any surface coal mining and reclamation operation or any premises in which any records required to be maintained under subsection (b) are located; and
(2) May, at reasonable times, and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under this part.
(e) The commissioner's inspections shall: (1) Occur on an irregular basis, averaging not less than one (1) partial inspection per month and one (1) complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit; (2) Occur without prior notice to the permittee or the permittee's agents or employees, except as necessary for on-site meetings with the permittee; and (3) Include the filing of inspection reports adequate to enforce the requirements of, and to carry out the terms and purposes of, this part.
(1) Occur on an irregular basis, averaging not less than one (1) partial inspection per month and one (1) complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit;
(2) Occur without prior notice to the permittee or the permittee's agents or employees, except as necessary for on-site meetings with the permittee; and
(3) Include the filing of inspection reports adequate to enforce the requirements of, and to carry out the terms and purposes of, this part.
(f) Each permittee shall conspicuously maintain at the entrances to each surface coal mining and reclamation operation, a clearly visible sign that states the name, business address, and telephone number of the permittee and the permit number of the surface coal mining and reclamation operation.
(g) If an inspector detects a violation of this part, the inspector shall immediately inform the operator in writing and make a written report of the violation to the commissioner.
(h) The commissioner shall make copies of any records, reports, inspection materials, or information obtained under this part immediately available to the public at central and sufficient locations in the county, multicounty, and state area of mining so that they are conveniently available to residents in the areas of mining.
(i) (1) Any person who is or may be adversely affected by a surface mining operation may notify the commissioner or any representative of the commissioner responsible for conducting the inspection, in writing, of any violation of this part which the person has reason to believe exists at the surface mining site. The commissioner shall, by rule, establish procedures for informal review of any refusal by a representative of the commissioner to issue a citation with respect to any such alleged violation. The commissioner shall furnish such persons requesting the review a written statement of the reasons for the commissioner's final disposition of the case. (2) The commissioner shall also, by rule, establish procedures to ensure that adequate and complete inspections are made. Any such person may notify the commissioner of any failure to make such inspections, after which the commissioner shall determine whether adequate and complete inspections have been made. The commissioner shall furnish such persons a written statement of the reasons for the commissioner's determination that adequate and complete inspections have or have not been conducted.
(1) Any person who is or may be adversely affected by a surface mining operation may notify the commissioner or any representative of the commissioner responsible for conducting the inspection, in writing, of any violation of this part which the person has reason to believe exists at the surface mining site. The commissioner shall, by rule, establish procedures for informal review of any refusal by a representative of the commissioner to issue a citation with respect to any such alleged violation. The commissioner shall furnish such persons requesting the review a written statement of the reasons for the commissioner's final disposition of the case.
(2) The commissioner shall also, by rule, establish procedures to ensure that adequate and complete inspections are made. Any such person may notify the commissioner of any failure to make such inspections, after which the commissioner shall determine whether adequate and complete inspections have been made. The commissioner shall furnish such persons a written statement of the reasons for the commissioner's determination that adequate and complete inspections have or have not been conducted.
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. § 59-8-215 — TN Code / Title 59 / Chapter 8 / Section 59-8-215
State's power to acquire land affected by surface mining
Status: in_force

(a) This state, acting by and through the department, shall have the power to acquire, either by negotiation or by exercise of the power of eminent domain, land which has been affected or disturbed by surface mining, which now consists of orphan banks or unreclaimed spoil piles, and which in its present state is hazardous or otherwise detrimental to the health and safety of the citizens of the state, or which in its present state is damaging to off-site property or to the water quality of streams. (b) Prior to acquiring any land pursuant to this section, the commissioner shall extend to the owners thereof an opportunity to reshape, plant and do other acts or reclamation thereon to the same extent and within the same time limits as prescribed in this part and regulations adopted pursuant thereto. If the owner or owners agree in writing to perform such reclamation and, weather permitting, start such reclamation within a period of sixty (60) days, the land shall not be acquired by the state. (c) The commissioner shall attempt to purchase any land which the commissioner has determined should be acquired for the purpose of reclamation and which the owners have not agreed to reclaim as provided in subsection (b). In any case where the commissioner and the owners of the land are unable to agree upon the amount to be paid for the land, the commissioner may exercise the power of eminent domain against such land by filing a condemnation suit under any procedure as provided in title 29, chapter 16. (d) The purchase price, in the case of a negotiated acquisition, or the damages as finally determined, in the case of acquisition by condemnation, and the necessary expenses incidental thereto, shall be paid from the Tennessee surface mine reclamation fund or appropriations made by the general assembly for such purposes and appropriations for which federal funds made available for such purposes have been credited. Acts 1972, ch. 547, § 14; T.C.A., § 58-1553; Acts 1980, ch. 908, § 46.
(a) This state, acting by and through the department, shall have the power to acquire, either by negotiation or by exercise of the power of eminent domain, land which has been affected or disturbed by surface mining, which now consists of orphan banks or unreclaimed spoil piles, and which in its present state is hazardous or otherwise detrimental to the health and safety of the citizens of the state, or which in its present state is damaging to off-site property or to the water quality of streams.
(b) Prior to acquiring any land pursuant to this section, the commissioner shall extend to the owners thereof an opportunity to reshape, plant and do other acts or reclamation thereon to the same extent and within the same time limits as prescribed in this part and regulations adopted pursuant thereto. If the owner or owners agree in writing to perform such reclamation and, weather permitting, start such reclamation within a period of sixty (60) days, the land shall not be acquired by the state.
(c) The commissioner shall attempt to purchase any land which the commissioner has determined should be acquired for the purpose of reclamation and which the owners have not agreed to reclaim as provided in subsection (b). In any case where the commissioner and the owners of the land are unable to agree upon the amount to be paid for the land, the commissioner may exercise the power of eminent domain against such land by filing a condemnation suit under any procedure as provided in title 29, chapter 16.
(d) The purchase price, in the case of a negotiated acquisition, or the damages as finally determined, in the case of acquisition by condemnation, and the necessary expenses incidental thereto, shall be paid from the Tennessee surface mine reclamation fund or appropriations made by the general assembly for such purposes and appropriations for which federal funds made available for such purposes have been credited.
Acts 1972, ch. 547, § 14; T.C.A., § 58-1553; Acts 1980, ch. 908, § 46.
Tenn. Code Ann. § 59-8-118 — TN Code / Title 59 / Chapter 8 / Section 59-8-118
Civil action for relief
Status: in_force

(a) The commissioner may request the attorney general and reporter to institute a civil action for relief against any permittee including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for the action shall be in the chancery court in the county where the surface mining operation is located or in which the permittee has its principal office, whenever the permittee or the permittee's agent: (1) Violates or fails or refuses to comply with any order or decision issued by the commissioner under this part; (2) Interferes with, hinders, or delays the commissioner in carrying out this part; (3) Refuses to admit the commissioner to a surface coal mining and reclamation operation; (4) Refuses to permit inspection of a surface coal mining and reclamation operation by the commissioner; (5) Refuses to furnish any information or report requested by the commissioner in furtherance of this part; (6) Refuses to permit access to, and copying of, records that the commissioner determines to be necessary in carrying out this part; or (7) Violates or threatens to violate any other provision of this part, the rules promulgated pursuant to this part, or conditions of a permit issued pursuant to this part. (b) The court has jurisdiction to provide any relief as may be appropriate. Any relief granted by the court to enforce an order under this subsection (b) shall continue in effect until the completion or final termination of all proceedings for review of that order under this part unless, before that time, the court granting the relief sets it aside or modifies it. (c) Nothing in this section eliminates any additional enforcement rights or procedures that are available under state law to a state agency, but are not specifically enumerated in this section. 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 may request the attorney general and reporter to institute a civil action for relief against any permittee including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for the action shall be in the chancery court in the county where the surface mining operation is located or in which the permittee has its principal office, whenever the permittee or the permittee's agent: (1) Violates or fails or refuses to comply with any order or decision issued by the commissioner under this part; (2) Interferes with, hinders, or delays the commissioner in carrying out this part; (3) Refuses to admit the commissioner to a surface coal mining and reclamation operation; (4) Refuses to permit inspection of a surface coal mining and reclamation operation by the commissioner; (5) Refuses to furnish any information or report requested by the commissioner in furtherance of this part; (6) Refuses to permit access to, and copying of, records that the commissioner determines to be necessary in carrying out this part; or (7) Violates or threatens to violate any other provision of this part, the rules promulgated pursuant to this part, or conditions of a permit issued pursuant to this part.
(1) Violates or fails or refuses to comply with any order or decision issued by the commissioner under this part;
(2) Interferes with, hinders, or delays the commissioner in carrying out this part;
(3) Refuses to admit the commissioner to a surface coal mining and reclamation operation;
(4) Refuses to permit inspection of a surface coal mining and reclamation operation by the commissioner;
(5) Refuses to furnish any information or report requested by the commissioner in furtherance of this part;
(6) Refuses to permit access to, and copying of, records that the commissioner determines to be necessary in carrying out this part; or
(7) Violates or threatens to violate any other provision of this part, the rules promulgated pursuant to this part, or conditions of a permit issued pursuant to this part.
(b) The court has jurisdiction to provide any relief as may be appropriate. Any relief granted by the court to enforce an order under this subsection (b) shall continue in effect until the completion or final termination of all proceedings for review of that order under this part unless, before that time, the court granting the relief sets it aside or modifies it.
(c) Nothing in this section eliminates any additional enforcement rights or procedures that are available under state law to a state agency, but are not specifically enumerated in this section.
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. § 59-8-209 — TN Code / Title 59 / Chapter 8 / Section 59-8-209
Revegetation plan
Status: in_force

(a) Each operator shall submit for the commissioner's approval and carry out after such approval a plan for preparation of the soil and subsequent revegetation of the affected area. Such plan shall take into consideration the approved after-use of the area affected and shall be designed to achieve quick and permanent soil stabilization by the planting of trees or shrubs or grasses or legumes or any prescribed combination thereof. The operator's obligation under the provisions of this part shall not be deemed discharged until the operator has provided revegetation which conforms to the revegetation standards established by the commissioner. (b) After the initial planting of the vegetative cover in accordance with the approved plan, the commissioner shall issue to the operator and the operator's surety a release of the surety bond for each acre of the affected area with respect to which the approved reclamation plan has been carried out, less the sum of three hundred dollars ($300) which shall be in force and effect until satisfactory revegetation survival has been accomplished, the revegetation plan previously approved by the commissioner has been carried out, the commissioner has determined that further efforts toward revegetation are impractical, or until it has been forfeited by the operator. Acts 1972, ch. 547, § 9; 1974, ch. 590, § 8; T.C.A., § 58-1548; Acts 1980, ch. 695, § 4; 1980, ch. 908, § 44.
(a) Each operator shall submit for the commissioner's approval and carry out after such approval a plan for preparation of the soil and subsequent revegetation of the affected area. Such plan shall take into consideration the approved after-use of the area affected and shall be designed to achieve quick and permanent soil stabilization by the planting of trees or shrubs or grasses or legumes or any prescribed combination thereof. The operator's obligation under the provisions of this part shall not be deemed discharged until the operator has provided revegetation which conforms to the revegetation standards established by the commissioner.
(b) After the initial planting of the vegetative cover in accordance with the approved plan, the commissioner shall issue to the operator and the operator's surety a release of the surety bond for each acre of the affected area with respect to which the approved reclamation plan has been carried out, less the sum of three hundred dollars ($300) which shall be in force and effect until satisfactory revegetation survival has been accomplished, the revegetation plan previously approved by the commissioner has been carried out, the commissioner has determined that further efforts toward revegetation are impractical, or until it has been forfeited by the operator.
Acts 1972, ch. 547, § 9; 1974, ch. 590, § 8; T.C.A., § 58-1548; Acts 1980, ch. 695, § 4; 1980, ch. 908, § 44.
Tenn. Code Ann. § 59-4-301 — TN Code / Title 59 / Chapter 4 / Section 59-4-301
Qualifications and duties of mine foreman - Penalty for failure to comply with laws
Status: in_force

(a) In order to protect the health and safety of persons employed in or around mines and the mine property, the operator or superintendent shall employ a competent and practical overseer of each and every mine whose title shall be "mine foreman." (b) The foreman shall be certified as hereinbefore required in this chapter, and shall see that the applicable federal and state safety and health standards, regulations, and laws are complied with. Where it is necessary that the mine foreman be temporarily absent from the mine, the foreman shall place the mine in charge of a qualified assistant during such absence. (c) (1) As used in this section: (A) "Mining site" means all mines and the surrounding property used in mining operations; and (B) "Qualified assistant" means a person who is designated by the owner or operator to ensure that all legal, safety, and compliance standards are enforced. (2) A qualified assistant shall have the ability, training, knowledge, and experience to ensure compliance with all legally imposed safety standards. (3) A qualified assistant must be able to effectively communicate legally imposed safety standards to all persons present at the mining site. (4) A qualified assistant shall have the same authority as the foreman when the foreman is not present at the mining site. (5) A qualified assistant shall not be considered an agent or representative of the owner or operator for the purposes of § 59-4-302 . (6) More than one (1) person may be designated as a qualified assistant, if circumstances or logistics related to the mining site so require. (7) (A) The designation by the owner or operator of a qualified assistant shall be in writing and specify the beginning and end dates of the designation. (B) The written designation required under subdivision (c)(7)(A) shall be prominently displayed at the office of the foreman on site, or displayed in such a manner that persons present at the mining site have actual notice of the designation. (d) Failure of the mine foreman to comply with the duties set forth herein is a Class B misdemeanor. Amended by 2017 Tenn. Acts, ch. 356,s 2, eff. 5/11/2017. Acts 1915, ch. 169, § 19; Shan., §§ 3079a111, 3079a118; Code 1932, §§ 5594, 5601; Acts 1949, ch. 190, § 6; C. Supp. 1950, § 5594; Acts 1951, ch. 245, § 13 (Williams, § 5552); Acts 1953, ch. 86, § 15 (Williams, § 5638.15); T.C.A. (orig. ed.), § 58-412; Acts 1985, ch. 288, §§ 31, 32; 1989, ch. 591, § 112.
(a) In order to protect the health and safety of persons employed in or around mines and the mine property, the operator or superintendent shall employ a competent and practical overseer of each and every mine whose title shall be "mine foreman."
(b) The foreman shall be certified as hereinbefore required in this chapter, and shall see that the applicable federal and state safety and health standards, regulations, and laws are complied with. Where it is necessary that the mine foreman be temporarily absent from the mine, the foreman shall place the mine in charge of a qualified assistant during such absence.
(c) (1) As used in this section: (A) "Mining site" means all mines and the surrounding property used in mining operations; and (B) "Qualified assistant" means a person who is designated by the owner or operator to ensure that all legal, safety, and compliance standards are enforced. (2) A qualified assistant shall have the ability, training, knowledge, and experience to ensure compliance with all legally imposed safety standards. (3) A qualified assistant must be able to effectively communicate legally imposed safety standards to all persons present at the mining site. (4) A qualified assistant shall have the same authority as the foreman when the foreman is not present at the mining site. (5) A qualified assistant shall not be considered an agent or representative of the owner or operator for the purposes of § 59-4-302 . (6) More than one (1) person may be designated as a qualified assistant, if circumstances or logistics related to the mining site so require. (7) (A) The designation by the owner or operator of a qualified assistant shall be in writing and specify the beginning and end dates of the designation. (B) The written designation required under subdivision (c)(7)(A) shall be prominently displayed at the office of the foreman on site, or displayed in such a manner that persons present at the mining site have actual notice of the designation.
(1) As used in this section: (A) "Mining site" means all mines and the surrounding property used in mining operations; and (B) "Qualified assistant" means a person who is designated by the owner or operator to ensure that all legal, safety, and compliance standards are enforced.
(A) "Mining site" means all mines and the surrounding property used in mining operations; and
(B) "Qualified assistant" means a person who is designated by the owner or operator to ensure that all legal, safety, and compliance standards are enforced.
(2) A qualified assistant shall have the ability, training, knowledge, and experience to ensure compliance with all legally imposed safety standards.
(3) A qualified assistant must be able to effectively communicate legally imposed safety standards to all persons present at the mining site.
(4) A qualified assistant shall have the same authority as the foreman when the foreman is not present at the mining site.
(5) A qualified assistant shall not be considered an agent or representative of the owner or operator for the purposes of § 59-4-302 .
(6) More than one (1) person may be designated as a qualified assistant, if circumstances or logistics related to the mining site so require.
(7) (A) The designation by the owner or operator of a qualified assistant shall be in writing and specify the beginning and end dates of the designation. (B) The written designation required under subdivision (c)(7)(A) shall be prominently displayed at the office of the foreman on site, or displayed in such a manner that persons present at the mining site have actual notice of the designation.
(A) The designation by the owner or operator of a qualified assistant shall be in writing and specify the beginning and end dates of the designation.
(B) The written designation required under subdivision (c)(7)(A) shall be prominently displayed at the office of the foreman on site, or displayed in such a manner that persons present at the mining site have actual notice of the designation.
(d) Failure of the mine foreman to comply with the duties set forth herein is a Class B misdemeanor.
Amended by 2017 Tenn. Acts, ch. 356,s 2, eff. 5/11/2017.
Acts 1915, ch. 169, § 19; Shan., §§ 3079a111, 3079a118; Code 1932, §§ 5594, 5601; Acts 1949, ch. 190, § 6; C. Supp. 1950, § 5594; Acts 1951, ch. 245, § 13 (Williams, § 5552); Acts 1953, ch. 86, § 15 (Williams, § 5638.15); T.C.A. (orig. ed.), § 58-412; Acts 1985, ch. 288, §§ 31, 32; 1989, ch. 591, § 112.
Tenn. Code Ann. § 59-13-136 — TN Code / Title 59 / Chapter 13 / Section 59-13-136
Interests in warehousing corporations
Status: in_force

If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities delivered by it, or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented. In case such warehouse is licensed or licensed and bonded under the laws of this or any other state or the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association. Acts 1984, ch. 864, § 38.
If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities delivered by it, or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented. In case such warehouse is licensed or licensed and bonded under the laws of this or any other state or the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.
Acts 1984, ch. 864, § 38.
Tenn. Code Ann. § 59-1-104 — TN Code / Title 59 / Chapter 1 / Section 59-1-104
License - Fee
Status: in_force

(a) Requests for such license shall be made to the department of labor and workforce development, giving name and address and such requests shall be accompanied by a post office money order or cashier's or certified check drawn in favor of the state treasurer in the amount of two hundred fifty dollars ($250) for each surface coal or metal mine and five hundred dollars ($500) for each underground coal or metal mine. All funds derived from this section shall be expendable receipts of the department, shall be in addition to the appropriations made to the department by the general assembly, and shall not revert to the general fund at the end of a fiscal year or biennium. (b) Notwithstanding subsection (a), the commissioner of labor and workforce development shall increase the amount of the license fees charged under this section to the extent necessary to offset the reduction of the department's appropriation for mine licensing operations under the general appropriations act for fiscal year 2000-2001. Acts 1955, ch. 238, § 3; 1957, ch. 253, §§ 1, 2; 1972, ch. 458, §1; 1979, ch. 368, § 7; T.C.A., § 58-116; Acts 1985, ch. 288, §§ 3, 4; 1999, ch. 520, § 43; 2000, ch. 983, § 3; 2005, ch. 407, §3; 2016 , ch. 599, § 7; T.C.A. § 59-1-116 .
(a) Requests for such license shall be made to the department of labor and workforce development, giving name and address and such requests shall be accompanied by a post office money order or cashier's or certified check drawn in favor of the state treasurer in the amount of two hundred fifty dollars ($250) for each surface coal or metal mine and five hundred dollars ($500) for each underground coal or metal mine. All funds derived from this section shall be expendable receipts of the department, shall be in addition to the appropriations made to the department by the general assembly, and shall not revert to the general fund at the end of a fiscal year or biennium.
(b) Notwithstanding subsection (a), the commissioner of labor and workforce development shall increase the amount of the license fees charged under this section to the extent necessary to offset the reduction of the department's appropriation for mine licensing operations under the general appropriations act for fiscal year 2000-2001.
Acts 1955, ch. 238, § 3; 1957, ch. 253, §§ 1, 2; 1972, ch. 458, §1; 1979, ch. 368, § 7; T.C.A., § 58-116; Acts 1985, ch. 288, §§ 3, 4; 1999, ch. 520, § 43; 2000, ch. 983, § 3; 2005, ch. 407, §3; 2016 , ch. 599, § 7; T.C.A. § 59-1-116 .
Tenn. Code Ann. § 59-8-121 — TN Code / Title 59 / Chapter 8 / Section 59-8-121
Judicial review of final order or determination
Status: in_force

(a) (1) Any final order or determination by the commissioner in a contested case proceeding under this part, including a civil penalty proceeding, or as otherwise provided in this part, is subject to judicial review on or before thirty (30) days from the date of such order or decision, and venue and jurisdiction for such action shall be in Davidson County chancery court or the chancery court in the county where the surface mining operation is located. In the case of a proceeding to review an order or decision issued by the commissioner under § 59-8-117 , the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment. (2) The court shall hear such petition or complaint solely on the record made before the commissioner. The findings of the commissioner, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the commissioner for such further action as it may direct. (b) In the case of a proceeding to review any order or decision issued by the commissioner under this part, including an order or decision pertaining to any order for cessation of surface coal mining and reclamation operations, the court may, under such conditions as it may prescribe, grant any temporary relief that it deems appropriate pending a final determination of the proceedings if: (1) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; (2) The person requesting relief shows that there is a substantial likelihood that that person will prevail on the merits of the final determination of the proceeding; and (3) The relief requested will not adversely affect the public health or safety or cause significant, imminent environmental harm to land, air, or water resources. (c) The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the commissioner. (d) Except as provided in § 59-8-119 , the availability of judicial review under this section shall not limit any rights established under § 59-8-119 . 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) Any final order or determination by the commissioner in a contested case proceeding under this part, including a civil penalty proceeding, or as otherwise provided in this part, is subject to judicial review on or before thirty (30) days from the date of such order or decision, and venue and jurisdiction for such action shall be in Davidson County chancery court or the chancery court in the county where the surface mining operation is located. In the case of a proceeding to review an order or decision issued by the commissioner under § 59-8-117 , the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment. (2) The court shall hear such petition or complaint solely on the record made before the commissioner. The findings of the commissioner, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the commissioner for such further action as it may direct.
(1) Any final order or determination by the commissioner in a contested case proceeding under this part, including a civil penalty proceeding, or as otherwise provided in this part, is subject to judicial review on or before thirty (30) days from the date of such order or decision, and venue and jurisdiction for such action shall be in Davidson County chancery court or the chancery court in the county where the surface mining operation is located. In the case of a proceeding to review an order or decision issued by the commissioner under § 59-8-117 , the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment.
(2) The court shall hear such petition or complaint solely on the record made before the commissioner. The findings of the commissioner, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the commissioner for such further action as it may direct.
(b) In the case of a proceeding to review any order or decision issued by the commissioner under this part, including an order or decision pertaining to any order for cessation of surface coal mining and reclamation operations, the court may, under such conditions as it may prescribe, grant any temporary relief that it deems appropriate pending a final determination of the proceedings if: (1) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; (2) The person requesting relief shows that there is a substantial likelihood that that person will prevail on the merits of the final determination of the proceeding; and (3) The relief requested will not adversely affect the public health or safety or cause significant, imminent environmental harm to land, air, or water resources.
(1) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
(2) The person requesting relief shows that there is a substantial likelihood that that person will prevail on the merits of the final determination of the proceeding; and
(3) The relief requested will not adversely affect the public health or safety or cause significant, imminent environmental harm to land, air, or water resources.
(c) The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the commissioner.
(d) Except as provided in § 59-8-119 , the availability of judicial review under this section shall not limit any rights established under § 59-8-119 .
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-13-125 — TN Code / Title 59 / Chapter 13 / Section 59-13-125
Number of votes of members or stockholders
Status: in_force

No member or stockholder shall be entitled to more than one (1) vote, regardless of the number of shares of common stock owned by the member or stockholder. Acts 1984, ch. 864, § 25.
No member or stockholder shall be entitled to more than one (1) vote, regardless of the number of shares of common stock owned by the member or stockholder.
Acts 1984, ch. 864, § 25.
Tenn. Code Ann. § 59-4-205 — TN Code / Title 59 / Chapter 4 / Section 59-4-205
Notice of revocation - Certification to secretary of state - Surrender of certificate - Penalty for failure to surrender
Status: in_force

If the certificate is revoked, the holder of such certificate and the employer of the holder shall each be notified of such revocation, and the department of labor and workforce development shall immediately certify the same to the secretary of state, who shall record the revocation upon a book containing copies of certificates issued, and the holder of the certificate shall immediately surrender the revoked certificate to the department of labor and workforce development, to be turned over to the secretary of state for cancellation. A holder of a revoked certificate who fails or refuses to surrender it is guilty of a Class C misdemeanor. Acts 1915, ch. 169, § 13; Shan., § 3079a104; mod. Code 1932, § 5587; Acts 1953, ch. 86, § 27 (Williams, §§ 5587, 5638.27); T.C.A. (orig. ed.), § 58-408; Acts 1985, ch. 288, §§ 28, 29; 1989, ch. 591, § 113.
If the certificate is revoked, the holder of such certificate and the employer of the holder shall each be notified of such revocation, and the department of labor and workforce development shall immediately certify the same to the secretary of state, who shall record the revocation upon a book containing copies of certificates issued, and the holder of the certificate shall immediately surrender the revoked certificate to the department of labor and workforce development, to be turned over to the secretary of state for cancellation. A holder of a revoked certificate who fails or refuses to surrender it is guilty of a Class C misdemeanor.
Acts 1915, ch. 169, § 13; Shan., § 3079a104; mod. Code 1932, § 5587; Acts 1953, ch. 86, § 27 (Williams, §§ 5587, 5638.27); T.C.A. (orig. ed.), § 58-408; Acts 1985, ch. 288, §§ 28, 29; 1989, ch. 591, § 113.
Tenn. Code Ann. § 59-13-120 — TN Code / Title 59 / Chapter 13 / Section 59-13-120
Election of officers
Status: in_force

The directors shall elect from their number a president and may elect one (1) or more vice presidents. They shall also elect a secretary and a treasurer; and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one (1) person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as and where authorized by the board of directors. Acts 1984, ch. 864, § 20.
The directors shall elect from their number a president and may elect one (1) or more vice presidents. They shall also elect a secretary and a treasurer; and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one (1) person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as and where authorized by the board of directors.
Acts 1984, ch. 864, § 20.
Tenn. Code Ann. § 59-8-127 — TN Code / Title 59 / Chapter 8 / Section 59-8-127
Department employees prohibited from having financial interest in underground coal mining operation or surface coal mining and reclamation operation
Status: in_force

No employee of the department performing any function or duty under this part shall have a direct or indirect financial interest in any underground coal mining operation or surface coal mining and reclamation operation. The commissioner shall promulgate rules to establish methods by which this section shall be monitored and enforced, including appropriate provisions for the filing by any employees and the review of statements and supplements to such statements concerning any financial interest which may be affected by this section. 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.
No employee of the department performing any function or duty under this part shall have a direct or indirect financial interest in any underground coal mining operation or surface coal mining and reclamation operation. The commissioner shall promulgate rules to establish methods by which this section shall be monitored and enforced, including appropriate provisions for the filing by any employees and the review of statements and supplements to such statements concerning any financial interest which may be affected by this section.
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. § 59-8-418 — TN Code / Title 59 / Chapter 8 / Section 59-8-418
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 22.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 22.
Tenn. Code Ann. § 59-12-106 — TN Code / Title 59 / Chapter 12 / Section 59-12-106
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019. Acts 1979, ch. 368, § 8; T.C.A., § 58-1706; 1999, ch. 520, § 43.
Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019.
Acts 1979, ch. 368, § 8; T.C.A., § 58-1706; 1999, ch. 520, § 43.
Tenn. Code Ann. § 59-8-303 — TN Code / Title 59 / Chapter 8 / Section 59-8-303
Tennessee surface mine reclamation fund
Status: in_force

(a) All sums received through the payment of permit and acreage fees, fines, penalties, or the forfeiture of bonds, shall be placed in the state treasury and credited to a special agency account to be designated as the Tennessee surface mine reclamation fund. (b) This fund, appropriations for which are also authorized, shall be available to the commissioner for expenditure for reclamation and revegetation of land and water affected by mining and exploration operations both on and off site and related research, including areas so affected prior to May 2, 1980. (c) Any unencumbered and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended for the purpose of research, reclamation, and revegetation of land and water affected by mining and exploration operations as provided in this section. (d) Any portion of the fund which represents permit and acreage fees and interest thereon shall be transferred to the department for administration and enforcement of this part. All such revenue and any interest thereon which is unexpended or unobligated at the end of any fiscal year shall not revert to the general fund but shall be carried forward in a reserve to remain available for expenditure by the department for such administration and enforcement. Such reserve shall not be subject to allotment impoundment and shall be maintained on a no quarter basis. Such reserve may also be expended by the department to develop a program to obtain primacy for the regulation and enforcement of surface mining activities pursuant to the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. §§ 1201 - 1328 ). Acts 1980, ch. 908, § 26; 1984, ch. 837, § 5; 1987, ch. 251, § 2; T.C.A. § 59-8-326 .
(a) All sums received through the payment of permit and acreage fees, fines, penalties, or the forfeiture of bonds, shall be placed in the state treasury and credited to a special agency account to be designated as the Tennessee surface mine reclamation fund.
(b) This fund, appropriations for which are also authorized, shall be available to the commissioner for expenditure for reclamation and revegetation of land and water affected by mining and exploration operations both on and off site and related research, including areas so affected prior to May 2, 1980.
(c) Any unencumbered and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended for the purpose of research, reclamation, and revegetation of land and water affected by mining and exploration operations as provided in this section.
(d) Any portion of the fund which represents permit and acreage fees and interest thereon shall be transferred to the department for administration and enforcement of this part. All such revenue and any interest thereon which is unexpended or unobligated at the end of any fiscal year shall not revert to the general fund but shall be carried forward in a reserve to remain available for expenditure by the department for such administration and enforcement. Such reserve shall not be subject to allotment impoundment and shall be maintained on a no quarter basis. Such reserve may also be expended by the department to develop a program to obtain primacy for the regulation and enforcement of surface mining activities pursuant to the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. §§ 1201 - 1328 ).
Acts 1980, ch. 908, § 26; 1984, ch. 837, § 5; 1987, ch. 251, § 2; T.C.A. § 59-8-326 .
Tenn. Code Ann. § 59-8-408 — TN Code / Title 59 / Chapter 8 / Section 59-8-408
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 12.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 12.
Tenn. Code Ann. § 59-13-123 — TN Code / Title 59 / Chapter 13 / Section 59-13-123
Conditions of issuing stock
Status: in_force

No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the member's right to vote. Acts 1984, ch. 864, § 23.
No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the member's right to vote.
Acts 1984, ch. 864, § 23.
Tenn. Code Ann. § 59-8-406 — TN Code / Title 59 / Chapter 8 / Section 59-8-406
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 10.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 10.
Tenn. Code Ann. § 59-8-207 — TN Code / Title 59 / Chapter 8 / Section 59-8-207
Performance bonds
Status: in_force

(a) The bond filed with the commissioner shall be payable to the state of Tennessee and shall be executed by the operator and a corporate surety that is approved by the commissioner and properly authorized to act as corporate surety and licensed to do business in this state; provided, however, that the operator may elect to deposit cash, irrevocable letters of credit or certificates of deposit with the state treasurer in lieu of a corporate surety if the instruments are executed in accordance with guidelines set forth by the commissioner. The state treasurer shall receive and hold the deposits in the name of the state of Tennessee, in trust, for the purposes for which the deposit is made and shall at all times be responsible for the custody and safekeeping of the deposits. The operator making the deposit shall be entitled from time to time to demand and receive from the treasurer, on the written order of the commissioner, the whole or any portion of any instruments so deposited upon depositing with the treasurer, in lieu of the deposits, other instruments of the classes specified in this section having a value at least equal to the sum of the bond or instrument and also to demand and recover any interest income from instruments as the interest becomes due and payable. (b) The bond or cash deposit or marketable value of the securities, which shall be conditioned upon the faithful performance of the provisions of this part, shall not be less than six hundred dollars ($600) for each estimated acre or fraction thereof affected by the respective operation. Liability under such bond shall be continuous until the reclamation provisions of this part have been fulfilled. The amount of the bond shall be increased or decreased to take account of any change in the acreage covered by the permit as provided in § 59-8-205(a)(2) . (c) In those counties requiring a performance bond of two thousand dollars ($2,000) or more per acre, the operator may at the operator's option present evidence of such bond to the commissioner in lieu of filing a bond with the commissioner. The commissioner may in the commissioner's discretion accept such evidence of the existence of such a performance bond in lieu of a bond filed with the commissioner. However, if the bond is released by county authorities prior to such time as the commissioner would normally release all or part of it, the commissioner may require a new performance bond to be filed as required by this section. (d) No performance bond shall be charged for land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area. Acts 1972, ch. 547, § 7; 1974, ch. 590, §§ 5, 12; T.C.A., § 58-1546; Acts 1980, ch. 908, §42; 2009 , ch. 211, § 2.
(a) The bond filed with the commissioner shall be payable to the state of Tennessee and shall be executed by the operator and a corporate surety that is approved by the commissioner and properly authorized to act as corporate surety and licensed to do business in this state; provided, however, that the operator may elect to deposit cash, irrevocable letters of credit or certificates of deposit with the state treasurer in lieu of a corporate surety if the instruments are executed in accordance with guidelines set forth by the commissioner. The state treasurer shall receive and hold the deposits in the name of the state of Tennessee, in trust, for the purposes for which the deposit is made and shall at all times be responsible for the custody and safekeeping of the deposits. The operator making the deposit shall be entitled from time to time to demand and receive from the treasurer, on the written order of the commissioner, the whole or any portion of any instruments so deposited upon depositing with the treasurer, in lieu of the deposits, other instruments of the classes specified in this section having a value at least equal to the sum of the bond or instrument and also to demand and recover any interest income from instruments as the interest becomes due and payable.
(b) The bond or cash deposit or marketable value of the securities, which shall be conditioned upon the faithful performance of the provisions of this part, shall not be less than six hundred dollars ($600) for each estimated acre or fraction thereof affected by the respective operation. Liability under such bond shall be continuous until the reclamation provisions of this part have been fulfilled. The amount of the bond shall be increased or decreased to take account of any change in the acreage covered by the permit as provided in § 59-8-205(a)(2) .
(c) In those counties requiring a performance bond of two thousand dollars ($2,000) or more per acre, the operator may at the operator's option present evidence of such bond to the commissioner in lieu of filing a bond with the commissioner. The commissioner may in the commissioner's discretion accept such evidence of the existence of such a performance bond in lieu of a bond filed with the commissioner. However, if the bond is released by county authorities prior to such time as the commissioner would normally release all or part of it, the commissioner may require a new performance bond to be filed as required by this section.
(d) No performance bond shall be charged for land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area.
Acts 1972, ch. 547, § 7; 1974, ch. 590, §§ 5, 12; T.C.A., § 58-1546; Acts 1980, ch. 908, §42; 2009 , ch. 211, § 2.
Tenn. Code Ann. § 59-11-104 — TN Code / Title 59 / Chapter 11 / Section 59-11-104
Payment of checkweigher
Status: in_force

When miners of coal or other minerals in this state elect a checkweigher or measurer, as provided, the operators, company, or firm employing the miners shall, upon receiving notice in writing from the miners of the election of checkweigher, withhold from each miner an equal amount, agreed upon by the miners and checkweigher, and pay the same to the checkweigher at each regular payday. Acts 1899, ch. 338, §1; Shan., § 341a1; Code 1932, § 5642; T.C.A. (orig. ed.), § 58-1604.
When miners of coal or other minerals in this state elect a checkweigher or measurer, as provided, the operators, company, or firm employing the miners shall, upon receiving notice in writing from the miners of the election of checkweigher, withhold from each miner an equal amount, agreed upon by the miners and checkweigher, and pay the same to the checkweigher at each regular payday.
Acts 1899, ch. 338, §1; Shan., § 341a1; Code 1932, § 5642; T.C.A. (orig. ed.), § 58-1604.
Tenn. Code Ann. § 59-13-114 — TN Code / Title 59 / Chapter 13 / Section 59-13-114
Meetings
Status: in_force

In its bylaws, each association shall provide for one (1) or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time, and if such a special meeting is appropriately demanded, then such a meeting must be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, however, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association. Acts 1984, ch. 864, § 14.
In its bylaws, each association shall provide for one (1) or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time, and if such a special meeting is appropriately demanded, then such a meeting must be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, however, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.
Acts 1984, ch. 864, § 14.
Tenn. Code Ann. § 59-8-419 — TN Code / Title 59 / Chapter 8 / Section 59-8-419
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 23.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 23.
Tenn. Code Ann. § 59-1-103 — TN Code / Title 59 / Chapter 1 / Section 59-1-103
Annual license required for mine operation - Posting
Status: in_force

(a) The owner or operator of each mine shall procure from the department of labor and workforce development a license to operate a mine, and the license shall not be transferable. Any person who assumes control of a mine, opens a new mine, or reopens an abandoned mine shall procure a license to operate the mine before mining operations are begun. All licenses are valid for one (1) year from the date of issuance and shall be renewed annually. (b) The license shall be in such printed form as the department of labor and workforce development may prescribe and when issued shall be kept posted at a conspicuous place near the main entrance of the mine. Acts 1955, ch. 238, § 3; T.C.A., § 58-115; Acts 1985, ch. 288, § 2; 1986, ch. 557, §1; 1999, ch. 520, §43; 2016 , ch. 599, § 7; T.C.A. § 59-1-115 .
(a) The owner or operator of each mine shall procure from the department of labor and workforce development a license to operate a mine, and the license shall not be transferable. Any person who assumes control of a mine, opens a new mine, or reopens an abandoned mine shall procure a license to operate the mine before mining operations are begun. All licenses are valid for one (1) year from the date of issuance and shall be renewed annually.
(b) The license shall be in such printed form as the department of labor and workforce development may prescribe and when issued shall be kept posted at a conspicuous place near the main entrance of the mine.
Acts 1955, ch. 238, § 3; T.C.A., § 58-115; Acts 1985, ch. 288, § 2; 1986, ch. 557, §1; 1999, ch. 520, §43; 2016 , ch. 599, § 7; T.C.A. § 59-1-115 .
Tenn. Code Ann. § 59-8-126 — TN Code / Title 59 / Chapter 8 / Section 59-8-126
Promulgation of rules for persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations
Status: in_force

The commissioner shall promulgate rules to require the training, examination, and certification of persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations. 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.
The commissioner shall promulgate rules to require the training, examination, and certification of persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-13-122 — TN Code / Title 59 / Chapter 13 / Section 59-13-122
Certificates of membership
Status: in_force

When a member of an association established without capital stock has paid the membership fee in full, the member shall receive a certificate of membership. Acts 1984, ch. 864, § 22.
When a member of an association established without capital stock has paid the membership fee in full, the member shall receive a certificate of membership.
Acts 1984, ch. 864, § 22.
Tenn. Code Ann. § 59-8-415 — TN Code / Title 59 / Chapter 8 / Section 59-8-415
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 19.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 19.
Tenn. Code Ann. § 59-8-201 — TN Code / Title 59 / Chapter 8 / Section 59-8-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Mineral Surface Mining Law of 1972." Acts 1972, ch. 547, § 1; T.C.A. (orig. ed.), § 58-1540; Acts 1980, ch. 908, § 37.
This part shall be known and may be cited as the "Tennessee Mineral Surface Mining Law of 1972."
Acts 1972, ch. 547, § 1; T.C.A. (orig. ed.), § 58-1540; Acts 1980, ch. 908, § 37.
Tenn. Code Ann. § 59-4-204 — TN Code / Title 59 / Chapter 4 / Section 59-4-204
Revocation of certificate
Status: in_force

(a) The commissioner of labor and workforce development or the commissioner's authorized representative may, upon a written complaint, investigate a mine foreman to whom a certificate has been issued under this chapter, and may revoke a mine foreman certificate upon a finding that the holder has been guilty of incompetence in the performance of the holder's duties or for any cause for which issuance of a certificate could have been refused had it been known to the commissioner or the commissioner's authorized representative at the time of issuance; provided, that a holder of a certificate shall be given ten (10) days notice from the commissioner or the commissioner's authorized representative to appear before the commissioner or the commissioner's authorized representative to show cause why such certificate should not be revoked. (b) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs the conduct of all proceedings before the commissioner or the commissioner's authorized representative in the revocation of mine foreman certificates. Acts 1915, ch. 13, § 4; 1915, ch. 169, § 13; Shan., § 3079a103; Code 1932, § 5586; Acts 1953, ch. 86, § 26 (Williams, §§ 5586, 5638.26); T.C.A. (orig. ed.), § 58-407; Acts 1985, ch. 288, § 27; 1992, ch. 574, §§ 7, 8; 1999, ch. 520, § 43.
(a) The commissioner of labor and workforce development or the commissioner's authorized representative may, upon a written complaint, investigate a mine foreman to whom a certificate has been issued under this chapter, and may revoke a mine foreman certificate upon a finding that the holder has been guilty of incompetence in the performance of the holder's duties or for any cause for which issuance of a certificate could have been refused had it been known to the commissioner or the commissioner's authorized representative at the time of issuance; provided, that a holder of a certificate shall be given ten (10) days notice from the commissioner or the commissioner's authorized representative to appear before the commissioner or the commissioner's authorized representative to show cause why such certificate should not be revoked.
(b) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs the conduct of all proceedings before the commissioner or the commissioner's authorized representative in the revocation of mine foreman certificates.
Acts 1915, ch. 13, § 4; 1915, ch. 169, § 13; Shan., § 3079a103; Code 1932, § 5586; Acts 1953, ch. 86, § 26 (Williams, §§ 5586, 5638.26); T.C.A. (orig. ed.), § 58-407; Acts 1985, ch. 288, § 27; 1992, ch. 574, §§ 7, 8; 1999, ch. 520, § 43.
Tenn. Code Ann. § 59-13-104 — TN Code / Title 59 / Chapter 13 / Section 59-13-104
Creation of associations
Status: in_force

Seven (7) or more persons, a majority of whom are residents of this state, engaged in the production of coal, may form a nonprofit, cooperative association, with or without capital stock, under this chapter. Acts 1984, ch. 864, § 4.
Seven (7) or more persons, a majority of whom are residents of this state, engaged in the production of coal, may form a nonprofit, cooperative association, with or without capital stock, under this chapter.
Acts 1984, ch. 864, § 4.
Tenn. Code Ann. § 59-8-123 — TN Code / Title 59 / Chapter 8 / Section 59-8-123
Authorized departures from environmental protection performance standards
Status: in_force

(a) In order to encourage advances in surface coal mining and reclamation practices, or to allow post-mining land use for industrial, commercial, residential, or public use, including recreational facilities, the commissioner, with the approval of the secretary, may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under this part. (b) The departures may be authorized if: (1) The experimental practices are potentially more environmentally protective, or at least as protective, during and after mining operations, as those required by promulgated standards; (2) The mining operations approved for a particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and (3) The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards. 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) In order to encourage advances in surface coal mining and reclamation practices, or to allow post-mining land use for industrial, commercial, residential, or public use, including recreational facilities, the commissioner, with the approval of the secretary, may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under this part.
(b) The departures may be authorized if: (1) The experimental practices are potentially more environmentally protective, or at least as protective, during and after mining operations, as those required by promulgated standards; (2) The mining operations approved for a particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and (3) The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.
(1) The experimental practices are potentially more environmentally protective, or at least as protective, during and after mining operations, as those required by promulgated standards;
(2) The mining operations approved for a particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and
(3) The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.
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. § 59-8-304 — TN Code / Title 59 / Chapter 8 / Section 59-8-304
Part definitions
Status: in_force

As used in this part unless the context otherwise requires: (1) "Commissioner" means the commissioner of environment and conservation, the commissioner of environment and conservation's duly authorized representatives, and in the event of absence or a vacancy in the office of commissioner, the deputy commissioner; and (2) "Department" means the department of environment and conservation. Amended by 2021 Tenn. Acts, ch. 548, Secs.s 6, s 7 eff. 5/26/2021. Acts 1984, ch. 837, § 6; 1987, ch. 251, § 3; 1992, ch. 693, § 1; T.C.A § 59-8-351 ; Acts 2018 , ch. 839, § 6.
As used in this part unless the context otherwise requires:
(1) "Commissioner" means the commissioner of environment and conservation, the commissioner of environment and conservation's duly authorized representatives, and in the event of absence or a vacancy in the office of commissioner, the deputy commissioner; and
(2) "Department" means the department of environment and conservation.
Amended by 2021 Tenn. Acts, ch. 548, Secs.s 6, s 7 eff. 5/26/2021.
Acts 1984, ch. 837, § 6; 1987, ch. 251, § 3; 1992, ch. 693, § 1; T.C.A § 59-8-351 ; Acts 2018 , ch. 839, § 6.
Tenn. Code Ann. § 59-13-143 — TN Code / Title 59 / Chapter 13 / Section 59-13-143
Applicability of existing exemptions
Status: in_force

Any exemptions whatsoever under all existing laws applying to coal or its derivatives in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members, in the possession or under the control of the association. Acts 1984, ch. 864, § 36.
Any exemptions whatsoever under all existing laws applying to coal or its derivatives in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members, in the possession or under the control of the association.
Acts 1984, ch. 864, § 36.
Tenn. Code Ann. § 59-4-207 — TN Code / Title 59 / Chapter 4 / Section 59-4-207
Penalty for forging or falsifying certificates
Status: in_force

Any person who forges or counterfeits a certificate, or knowingly makes or causes to be made any false statement in any certificate or in any official copy of the same, or urges and influences others to do so, or utters or uses any such false certificate or unofficial copy thereof, or makes, gives, utters, produces, or makes use of any false declaration, representation, or statement in any such certificate or copy thereof, or any document containing same, is guilty of a Class C misdemeanor. Acts 1915, ch. 169, § 17; Shan., § 3079a109; Code 1932, § 5592; Acts 1953, ch. 86, § 31 (Williams §§ 5592, 5638.31); T.C.A. (orig. ed.), § 58-410; Acts 1989, ch. 591, § 113.
Any person who forges or counterfeits a certificate, or knowingly makes or causes to be made any false statement in any certificate or in any official copy of the same, or urges and influences others to do so, or utters or uses any such false certificate or unofficial copy thereof, or makes, gives, utters, produces, or makes use of any false declaration, representation, or statement in any such certificate or copy thereof, or any document containing same, is guilty of a Class C misdemeanor.
Acts 1915, ch. 169, § 17; Shan., § 3079a109; Code 1932, § 5592; Acts 1953, ch. 86, § 31 (Williams §§ 5592, 5638.31); T.C.A. (orig. ed.), § 58-410; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 59-13-110 — TN Code / Title 59 / Chapter 13 / Section 59-13-110
Stock - Common and preferred
Status: in_force

The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted; and the nature and definite extent of the preference and privileges granted to each. Acts 1984, ch. 864, § 10.
The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted; and the nature and definite extent of the preference and privileges granted to each.
Acts 1984, ch. 864, § 10.
Tenn. Code Ann. § 59-8-226 — TN Code / Title 59 / Chapter 8 / Section 59-8-226
Sanctions applicable only to mines in violation
Status: in_force

It is the intent of this part, and it is so understood that the commissioner is empowered under all the provisions of this part to suspend or revoke a mining permit or fail to grant a mining permit only to the extent of the one (1) or more mines that, in the opinion of the commissioner, violate or violates the provisions of such sections, and the commissioner is not empowered to shut down, suspend a mining permit, or fail to grant a mining permit on the other mines or prospective mines of the operator that are in compliance with the provisions of this part. In no event is the commissioner empowered to shut down any of the operations of an operator except the actual operation of the mine or mines, that, in the commissioner's opinion, violate the provisions of this part. Acts 1972, ch. 547, § 24; T.C.A., § 58-1564.
It is the intent of this part, and it is so understood that the commissioner is empowered under all the provisions of this part to suspend or revoke a mining permit or fail to grant a mining permit only to the extent of the one (1) or more mines that, in the opinion of the commissioner, violate or violates the provisions of such sections, and the commissioner is not empowered to shut down, suspend a mining permit, or fail to grant a mining permit on the other mines or prospective mines of the operator that are in compliance with the provisions of this part. In no event is the commissioner empowered to shut down any of the operations of an operator except the actual operation of the mine or mines, that, in the commissioner's opinion, violate the provisions of this part.
Acts 1972, ch. 547, § 24; T.C.A., § 58-1564.
Tenn. Code Ann. § 59-8-407 — TN Code / Title 59 / Chapter 8 / Section 59-8-407
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 11.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 11.
Tenn. Code Ann. § 59-13-106 — TN Code / Title 59 / Chapter 13 / Section 59-13-106
Communications regarding probable success
Status: in_force

Every group of persons contemplating the organization of an association under this chapter is urged to communicate with the department of environment and conservation, office of energy programs, which will inform them, among other things, of the probable success of the association regardless of whatever the survey of the marketing conditions affecting the commodities proposed to be handled may indicate. Amended by 2016 Tenn. Acts, ch. 743,s 16, eff. 4/7/2016. Acts 1984, ch. 864, § 6.
Every group of persons contemplating the organization of an association under this chapter is urged to communicate with the department of environment and conservation, office of energy programs, which will inform them, among other things, of the probable success of the association regardless of whatever the survey of the marketing conditions affecting the commodities proposed to be handled may indicate.
Amended by 2016 Tenn. Acts, ch. 743,s 16, eff. 4/7/2016.
Acts 1984, ch. 864, § 6.
Tenn. Code Ann. § 59-13-107 — TN Code / Title 59 / Chapter 13 / Section 59-13-107
Powers and duties
Status: in_force

Each association incorporated under this chapter shall have the following powers, to: (1) Engage in activity in connection with the marketing or selling of the coal of its members or the sampling, storing, processing, permitting, reclamation, transporting of the coal or marketing of the derivatives thereof; or in any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment; or in the financing of any such activities; or in any one (1) or more of the activities specified in this section; and such association may also buy, sell and deal in coal of nonmembers to any amount not greater in value than such as is handled by it for its members; (2) Borrow money and to make advance payments and advances to members; (3) Act as the agent or representative of any member or members in any of the above-mentioned activities; (4) Purchase or otherwise acquire, and to hold, own, and exercise all rights or ownership in, and to sell, transfer, or pledge, or guarantee the payment of dividends or interest on or the retirement or redemption of, shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the storing or handling or marketing of any of the products handled by the association; (5) Establish reserves and to invest the funds thereof in bonds or in such other property as may be provided in the bylaws; (6) Buy, hold, and exercise all privileges or ownership over such real or personal property as may be necessary or convenient or incidental for the conduct and operation of any business of the association, or incidental thereto; (7) Establish, secure, own and develop patents, trademarks and copyrights; and (8) Do each and every thing necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the subjects enumerated; or conducive to or expedient for the interest or benefit of the association; and to contract accordingly; and in addition to exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and in addition, any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter, and to do any such thing anywhere. Acts 1984, ch. 864, § 7.
Each association incorporated under this chapter shall have the following powers, to:
(1) Engage in activity in connection with the marketing or selling of the coal of its members or the sampling, storing, processing, permitting, reclamation, transporting of the coal or marketing of the derivatives thereof; or in any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment; or in the financing of any such activities; or in any one (1) or more of the activities specified in this section; and such association may also buy, sell and deal in coal of nonmembers to any amount not greater in value than such as is handled by it for its members;
(2) Borrow money and to make advance payments and advances to members;
(3) Act as the agent or representative of any member or members in any of the above-mentioned activities;
(4) Purchase or otherwise acquire, and to hold, own, and exercise all rights or ownership in, and to sell, transfer, or pledge, or guarantee the payment of dividends or interest on or the retirement or redemption of, shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the storing or handling or marketing of any of the products handled by the association;
(5) Establish reserves and to invest the funds thereof in bonds or in such other property as may be provided in the bylaws;
(6) Buy, hold, and exercise all privileges or ownership over such real or personal property as may be necessary or convenient or incidental for the conduct and operation of any business of the association, or incidental thereto;
(7) Establish, secure, own and develop patents, trademarks and copyrights; and
(8) Do each and every thing necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the subjects enumerated; or conducive to or expedient for the interest or benefit of the association; and to contract accordingly; and in addition to exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and in addition, any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter, and to do any such thing anywhere.
Acts 1984, ch. 864, § 7.
Tenn. Code Ann. § 59-8-225 — TN Code / Title 59 / Chapter 8 / Section 59-8-225
Immediate conformity to statutes or regulations required
Status: in_force

Irrespective of date of issuance of a permit, all operators shall immediately conform to any statutes enacted or regulations adopted pursuant thereto on the effective date of such statute or regulation. This section shall not require the regrading or replanting of any area on which such work was satisfactorily performed prior to the effective date of the statute or regulation. Acts 1972, ch. 547, § 23; T.C.A., § 58-1563.
Irrespective of date of issuance of a permit, all operators shall immediately conform to any statutes enacted or regulations adopted pursuant thereto on the effective date of such statute or regulation. This section shall not require the regrading or replanting of any area on which such work was satisfactorily performed prior to the effective date of the statute or regulation.
Acts 1972, ch. 547, § 23; T.C.A., § 58-1563.
Tenn. Code Ann. § 59-13-141 — TN Code / Title 59 / Chapter 13 / Section 59-13-141
Combinations - Amendment of preexisting charters
Status: in_force

Corporations not for profit, of this class, heretofore organized under the general incorporation laws, or laws later enacted, are empowered to combine into associations upon such terms as may be provided and agreed upon, or by one becoming a member of the other. Further, preexisting charters of such corporations are hereby amended, under the power reserved to the general assembly, so as to bring such corporations into conformity with this chapter, thus granting such corporations the powers and imposing upon them the duties and liabilities set forth in this chapter. Acts 1984, ch. 864, § 45.
Corporations not for profit, of this class, heretofore organized under the general incorporation laws, or laws later enacted, are empowered to combine into associations upon such terms as may be provided and agreed upon, or by one becoming a member of the other. Further, preexisting charters of such corporations are hereby amended, under the power reserved to the general assembly, so as to bring such corporations into conformity with this chapter, thus granting such corporations the powers and imposing upon them the duties and liabilities set forth in this chapter.
Acts 1984, ch. 864, § 45.
Tenn. Code Ann. § 59-8-414 — TN Code / Title 59 / Chapter 8 / Section 59-8-414
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 18.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 18.
Tenn. Code Ann. § 59-13-131 — TN Code / Title 59 / Chapter 13 / Section 59-13-131
Marketing contracts - Sales to or through associations
Status: in_force

The association through its board of directors may bid for and execute marketing contracts subject to a majority vote of its members requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their coal exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded and statutory liens, to the association upon delivery. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title to such product; and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest or dividends on stock, not exceeding eight percent (8%) per annum, and reserves for retiring the stock, if any; and other proper reserves; and/or any other deductions. Acts 1984, ch. 864, § 31.
The association through its board of directors may bid for and execute marketing contracts subject to a majority vote of its members requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their coal exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded and statutory liens, to the association upon delivery. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title to such product; and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest or dividends on stock, not exceeding eight percent (8%) per annum, and reserves for retiring the stock, if any; and other proper reserves; and/or any other deductions.
Acts 1984, ch. 864, § 31.
Tenn. Code Ann. § 59-8-409 — TN Code / Title 59 / Chapter 8 / Section 59-8-409
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 13.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 13.
Tenn. Code Ann. § 59-11-105 — TN Code / Title 59 / Chapter 11 / Section 59-11-105
Failure to withhold wages - Liability - Penalty
Status: in_force

Upon failure of any operator, company or firm to comply with § 59-11-104 , the operator, company or firm is liable to the checkweigher for the full amount of the checkweigher's wages, and is guilty of a Class C misdemeanor. Acts 1899, ch. 338, §2; Shan., § 341a2; Code 1932, § 5643; T.C.A. (orig. ed.), § 58-1605; Acts 1989, ch. 591, § 113.
Upon failure of any operator, company or firm to comply with § 59-11-104 , the operator, company or firm is liable to the checkweigher for the full amount of the checkweigher's wages, and is guilty of a Class C misdemeanor.
Acts 1899, ch. 338, §2; Shan., § 341a2; Code 1932, § 5643; T.C.A. (orig. ed.), § 58-1605; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 59-4-101 — TN Code / Title 59 / Chapter 4 / Section 59-4-101
Position of mine foreman - Examinations for applicants
Status: in_force

The commissioner of labor and workforce development or the commissioner's representative is hereby authorized to develop, conduct, and administer an examination for applicants for certificates of qualification for the position of mine foreman and to ascertain the qualifications of such applicants. Acts 1915, ch. 169, § 13; Shan., § 3079a99; Code 1932, § 5582; Acts 1949, ch. 190, § 5; mod. C. Supp. 1950, § 5582; Acts 1953, ch. 86, § 22 (Williams, §§ 5582, 5638.22); Acts 1959, ch. 9, § 15; T.C.A. (orig. ed.), § 58-401; Acts 1985, ch. 288, § 19; 1992, ch. 574, § 2; 1999, ch. 520, § 43.
The commissioner of labor and workforce development or the commissioner's representative is hereby authorized to develop, conduct, and administer an examination for applicants for certificates of qualification for the position of mine foreman and to ascertain the qualifications of such applicants.
Acts 1915, ch. 169, § 13; Shan., § 3079a99; Code 1932, § 5582; Acts 1949, ch. 190, § 5; mod. C. Supp. 1950, § 5582; Acts 1953, ch. 86, § 22 (Williams, §§ 5582, 5638.22); Acts 1959, ch. 9, § 15; T.C.A. (orig. ed.), § 58-401; Acts 1985, ch. 288, § 19; 1992, ch. 574, § 2; 1999, ch. 520, § 43.
Tenn. Code Ann. § 59-13-115 — TN Code / Title 59 / Chapter 13 / Section 59-13-115
Board of directors
Status: in_force

The affairs of the association shall be managed by a board of not fewer than three (3) directors, elected by the members or stockholders not from their own number. The bylaws may provide that one (1) or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. The directors so appointed cannot be members or stockholders of the association. Acts 1984, ch. 864, § 15.
The affairs of the association shall be managed by a board of not fewer than three (3) directors, elected by the members or stockholders not from their own number. The bylaws may provide that one (1) or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. The directors so appointed cannot be members or stockholders of the association.
Acts 1984, ch. 864, § 15.
Tenn. Code Ann. § 59-12-103 — TN Code / Title 59 / Chapter 12 / Section 59-12-103
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019. Acts 1979, ch. 368, § 3; T.C.A., § 58-1703; Acts 1985, ch. 288, §§41, 42; 1999, ch. 520, § 43.
Repealed by 2019 Tenn. Acts, ch. 168, s 1, eff. 4/18/2019.
Acts 1979, ch. 368, § 3; T.C.A., § 58-1703; Acts 1985, ch. 288, §§41, 42; 1999, ch. 520, § 43.
Tenn. Code Ann. § 59-1-105 — TN Code / Title 59 / Chapter 1 / Section 59-1-105
Failure to obtain license
Status: in_force

Any owner or operator operating a mine and who fails to obtain a license as required by §§ 59-1-103 and 59-1-104 shall forfeit the right to operate a mine in this state, and the commissioner of labor and workforce development or the commissioner's designated agent shall have the authority to close the mine until the license is obtained as provided for by those sections. Acts 1955, ch. 238, § 3; T.C.A., § 58-117; Acts 1985, ch. 288, § 5; 1999, ch. 520, § 43; T.C.A. § 59-1-117 .
Any owner or operator operating a mine and who fails to obtain a license as required by §§ 59-1-103 and 59-1-104 shall forfeit the right to operate a mine in this state, and the commissioner of labor and workforce development or the commissioner's designated agent shall have the authority to close the mine until the license is obtained as provided for by those sections.
Acts 1955, ch. 238, § 3; T.C.A., § 58-117; Acts 1985, ch. 288, § 5; 1999, ch. 520, § 43; T.C.A. § 59-1-117 .
Tenn. Code Ann. § 59-10-102 — TN Code / Title 59 / Chapter 10 / Section 59-10-102
Board of reclamation review to be advisory body
Status: in_force

The Tennessee board of water quality, oil, and gas, created by § 69-3-104 , shall be the advisory body referred to in Article V(a) of the Interstate Mining Compact. Any duties of any member of the board relating to the compact are official duties of the board within the meaning of § 69-3-105 . Amended by 2021 Tenn. Acts, ch. 548, Secs.s11, s12 eff. 5/26/2021. Acts 1973, ch. 109, § 2; T.C.A., § 58-1802.
The Tennessee board of water quality, oil, and gas, created by § 69-3-104 , shall be the advisory body referred to in Article V(a) of the Interstate Mining Compact. Any duties of any member of the board relating to the compact are official duties of the board within the meaning of § 69-3-105 .
Amended by 2021 Tenn. Acts, ch. 548, Secs.s11, s12 eff. 5/26/2021.
Acts 1973, ch. 109, § 2; T.C.A., § 58-1802.
Tenn. Code Ann. § 59-13-124 — TN Code / Title 59 / Chapter 13 / Section 59-13-124
Liability of members
Status: in_force

No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the membership fee or the subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof. Acts 1984, ch. 864, § 24.
No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the membership fee or the subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof.
Acts 1984, ch. 864, § 24.
Tenn. Code Ann. § 59-8-421 — TN Code / Title 59 / Chapter 8 / Section 59-8-421
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 25.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 25.
Tenn. Code Ann. § 59-8-213 — TN Code / Title 59 / Chapter 8 / Section 59-8-213
Utilizing services of other agencies or persons - Compensation - Funding
Status: in_force

(a) In the reclamation of land affected by surface mining, the commissioner may utilize any services which may be provided by other state or local agencies or by agencies of the federal government, and may compensate them for such service. The commissioner may also receive any federal funds, state funds, or any other funds for the reclamation of land affected by surface mining. The commissioner may cause the reclamation and revegetation work to be done by employees of the commissioner's department or by employees of other governmental agencies or through contracts with qualified persons. Such contracts shall be awarded to the lowest or best bidder upon competitive bids after reasonable advertisement. (b) Any funds available to the commissioner and any public works program may be used and expended to reclaim any lands that have been subjected to surface mining that have not been reclaimed in accordance with standards set by this part or regulations thereunder and which are not covered by bond to guarantee such reclamation. Acts 1972, ch. 547, § 13; T.C.A., § 58-1552.
(a) In the reclamation of land affected by surface mining, the commissioner may utilize any services which may be provided by other state or local agencies or by agencies of the federal government, and may compensate them for such service. The commissioner may also receive any federal funds, state funds, or any other funds for the reclamation of land affected by surface mining. The commissioner may cause the reclamation and revegetation work to be done by employees of the commissioner's department or by employees of other governmental agencies or through contracts with qualified persons. Such contracts shall be awarded to the lowest or best bidder upon competitive bids after reasonable advertisement.
(b) Any funds available to the commissioner and any public works program may be used and expended to reclaim any lands that have been subjected to surface mining that have not been reclaimed in accordance with standards set by this part or regulations thereunder and which are not covered by bond to guarantee such reclamation.
Acts 1972, ch. 547, § 13; T.C.A., § 58-1552.
Tenn. Code Ann. § 59-13-137 — TN Code / Title 59 / Chapter 13 / Section 59-13-137
Permissible contracts and agreements
Status: in_force

Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements, and make all necessary and proper stipulations, agreements, and contracts and arrangements with any other cooperative corporation, association, or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts thereof. Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same personnel, methods, means and agencies for carrying on and conducting their respective businesses. Acts 1984, ch. 864, § 39.
Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements, and make all necessary and proper stipulations, agreements, and contracts and arrangements with any other cooperative corporation, association, or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts thereof. Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same personnel, methods, means and agencies for carrying on and conducting their respective businesses.
Acts 1984, ch. 864, § 39.
Tenn. Code Ann. § 59-13-121 — TN Code / Title 59 / Chapter 13 / Section 59-13-121
Surety bonds
Status: in_force

Every officer, employee, and agent handling funds or negotiable instruments or property of or for any association created hereunder shall be required to execute and deliver adequate bond for the faithful performance of duties and obligations. Acts 1984, ch. 864, § 21.
Every officer, employee, and agent handling funds or negotiable instruments or property of or for any association created hereunder shall be required to execute and deliver adequate bond for the faithful performance of duties and obligations.
Acts 1984, ch. 864, § 21.
Tenn. Code Ann. § 59-8-405 — TN Code / Title 59 / Chapter 8 / Section 59-8-405
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021. Acts 1987, ch. 251, § 9.
Repealed by 2021 Tenn. Acts, ch. 548, s 10, eff. 5/26/2021.
Acts 1987, ch. 251, § 9.
Tenn. Code Ann. § 59-4-403 — TN Code / Title 59 / Chapter 4 / Section 59-4-403
Mine safety training programs - Fee
Status: in_force

The department of labor and workforce development is authorized to organize and conduct mine safety training programs for the mining industry in Tennessee. The department is authorized to charge a fee sufficient to defray the costs of administering this chapter, but not to exceed three hundred fifty dollars ($350) for each training class consisting of up to ten (10) participants and fifteen dollars ($15.00) per additional participant. Acts 2000, ch. 810, § 2.
The department of labor and workforce development is authorized to organize and conduct mine safety training programs for the mining industry in Tennessee. The department is authorized to charge a fee sufficient to defray the costs of administering this chapter, but not to exceed three hundred fifty dollars ($350) for each training class consisting of up to ten (10) participants and fifteen dollars ($15.00) per additional participant.
Acts 2000, ch. 810, § 2.
Tenn. Code Ann. § 59-4-202 — TN Code / Title 59 / Chapter 4 / Section 59-4-202
Reports to secretary of state - Certification of applicants
Status: in_force

The commissioner of labor and workforce development shall report the commissioner's action to the secretary of state and shall certify to the qualifications of each applicant who satisfactorily passed the examination. Acts 1915, ch. 169, § 13; Shan., § 3079a102; Code 1932, § 5585; Acts 1953, ch. 86, § 25 (Williams, §§ 5585, 5638.25); T.C.A. (orig. ed.), § 58-405; Acts 1992, ch. 574, § 6; 1999, ch. 520, § 43.
The commissioner of labor and workforce development shall report the commissioner's action to the secretary of state and shall certify to the qualifications of each applicant who satisfactorily passed the examination.
Acts 1915, ch. 169, § 13; Shan., § 3079a102; Code 1932, § 5585; Acts 1953, ch. 86, § 25 (Williams, §§ 5585, 5638.25); T.C.A. (orig. ed.), § 58-405; Acts 1992, ch. 574, § 6; 1999, ch. 520, § 43.
Tenn. Code Ann. § 59-8-305 — TN Code / Title 59 / Chapter 8 / Section 59-8-305
Violations - Penalties
Status: in_force

(a) Any person who willfully and knowingly does any of the following acts is guilty of a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000): (1) Knowingly and willfully violates this chapter, or the rules and regulations or orders of the commissioner, or knowingly falsifies an application for a permit; or (2) Prevents or impedes an employee of the state from performing the employee's duty under this part, except as permitted by law. (b) Whenever a corporation commits the acts described in this section, the director, officer or agent of such corporation who willfully and knowingly authorized, ordered or carried out such violation, failure or refusal shall be subject to the same fines and imprisonment that may be imposed under this section. (c) All penalties and fines recovered under this section shall be placed in the state treasury and credited to the Tennessee surface mine reclamation fund. Amended by 2021 Tenn. Acts, ch. 548, s 8, eff. 5/26/2021. Acts 1984, ch. 837, § 6; 1987, ch. 251, § 4; 1989, ch. 591, § 77; T.C.A. § 59-8-352 .
(a) Any person who willfully and knowingly does any of the following acts is guilty of a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000): (1) Knowingly and willfully violates this chapter, or the rules and regulations or orders of the commissioner, or knowingly falsifies an application for a permit; or (2) Prevents or impedes an employee of the state from performing the employee's duty under this part, except as permitted by law.
(1) Knowingly and willfully violates this chapter, or the rules and regulations or orders of the commissioner, or knowingly falsifies an application for a permit; or
(2) Prevents or impedes an employee of the state from performing the employee's duty under this part, except as permitted by law.
(b) Whenever a corporation commits the acts described in this section, the director, officer or agent of such corporation who willfully and knowingly authorized, ordered or carried out such violation, failure or refusal shall be subject to the same fines and imprisonment that may be imposed under this section.
(c) All penalties and fines recovered under this section shall be placed in the state treasury and credited to the Tennessee surface mine reclamation fund.
Amended by 2021 Tenn. Acts, ch. 548, s 8, eff. 5/26/2021.
Acts 1984, ch. 837, § 6; 1987, ch. 251, § 4; 1989, ch. 591, § 77; T.C.A. § 59-8-352 .
Tenn. Code Ann. § 59-8-124 — TN Code / Title 59 / Chapter 8 / Section 59-8-124
Effect of part on Section 66-5-102
Status: in_force

Nothing in this part limits or invalidates § 66-5-102 . 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.
Nothing in this part limits or invalidates § 66-5-102 .
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Tenn. Code Ann. § 59-10-103 — TN Code / Title 59 / Chapter 10 / Section 59-10-103
Commission bylaws to be filed with state officers
Status: in_force

In accordance with Article V(i) of the compact, the commission shall file copies of its bylaws and any amendments thereto with the governor, secretary of state, and commissioner of environment and conservation. Acts 1973, ch. 109, § 3; T.C.A., § 58-1803.
In accordance with Article V(i) of the compact, the commission shall file copies of its bylaws and any amendments thereto with the governor, secretary of state, and commissioner of environment and conservation.
Acts 1973, ch. 109, § 3; T.C.A., § 58-1803.