reglab/housing_qa huggingface dataset:
TN Code § 59-8-404 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-404. Commissioner's Powers Generally

 In addition to the specific powers and authority granted elsewhere in this chapter, the commissioner shall have the following authority and powers to:   Administer and enforce this part and its regulations, permits and orders authorized and promulgated pursuant thereto;   Conduct and obtain investigations, research, experiments, training programs and demonstrations, and to collect and disseminate information relating to exploration, surface mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface mining for coal;   Promulgate regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2;   Issue notices of noncompliance, cease orders, or other orders in the office or on-site, as are authorized by this part requiring the adoption by an operator of remedial measures necessary for carrying out this part or regulations, or permits, issued pursuant to this part;   Examine, and approve, modify, or disapprove, applications for permits, maps, bonds, mining and reclamation plans submitted by operators;   Establish by regulation standards for acceptable mining and reclamation of affected areas, which shall be designed to achieve soil stabilization, control soil erosion, obliterate the scars of the mining operation, ensure quick revegetation, and ensure that the operation meets applicable soil and water quality standards;   Make such investigations or inspections as are necessary to insure compliance with this part, including the right to enter at any time upon a suspected or affected area for such purposes and the right of ingress and egress across intervening properties;   Employ and commission qualified persons as surface mine personnel. When properly qualified and commissioned, such personnel shall be vested with such authority as is necessary to enforce all laws, regulations, and permits administered by the department, including the issuance of service of process, and shall have the right to carry firearms or other arms while on duty;   Enter into contracts or other agreements for reclamation of sites pursuant to this chapter, or to otherwise further the purposes of this part;   Expend or cause to be expended money from the surface mining reclamation fund for purposes of this chapter; and   Establish a process whereby a single set of forms and information may be submitted in multiple copies to the division of water pollution control, containing sufficient mutually needed information to serve as a basic application for such agencies, so that evaluation of applications shall be made cooperatively, and decisions to grant or deny these permits shall be made simultaneously.
TN Code § 59-8-405 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-405. Emergency Authority

  The commissioner is authorized to expend moneys from the Tennessee surface mine reclamation fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the commissioner finds that:  An emergency exists constituting a danger to the public health, safety, or general welfare; and   No other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effect of coal mining practices.      The commissioner, commissioner's agents, employees, and contractors, shall have the right to enter upon any land where the emergency exists, and any other land, to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices, and to do all things necessary or expedient to protect the public health, safety, or general welfare.   Such entry shall be construed as an exercise of the police power, and shall not be construed as an act of condemnation of property nor of trespass thereon.   The money expended for such work and the benefits accruing to any such land shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for alleged damages by virtue of such entry; provided, however, that this subdivision (b)(3) is not intended to create new rights of action or eliminate existing immunities.
TN Code § 59-8-408 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-408. Bond Requirements

   When an application is submitted, the applicant shall file with the commissioner, on a form prescribed and furnished by the commissioner, a bond payable to the state of Tennessee, in penal sum, and conditioned on the faithful performance of the provisions of the applicant's permit.   The bond shall cover that area of land within the permit area upon which the operator will initiate and conduct coal surface mining and reclamation operations.   The bond shall be executed by the operator and a corporate surety who is approved by the commissioner and properly authorized to act as such surety and licensed to do business in this state; provided, however, that the operator may elect to deposit cash or negotiable certificates of deposit assigned irrevocably to the state, or negotiable United States treasury bonds or negotiable general obligation municipal or corporate bonds, which municipal or corporate bonds have the highest rating by Moody's and/or Standard and Poor's rating services, with the treasurer of this state in lieu of a corporate surety.   The treasurer shall receive and hold such deposits in the name of the state of Tennessee, in trust, for the purposes for which such deposit is made, and shall at all times be responsible for the custody and safekeeping of such 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 securities so deposited, upon depositing with the treasurer, in lieu thereof, other negotiable securities of the classes herein specified having a market value at least equal to the sum of the bond, and also to demand and recover the interest income from the securities as the same becomes due and payable; provided, however, that the treasurer, at the request of the operator, shall convert such securities into such other negotiable securities of the classes herein specified as may be designated by the operator.     The amount of bond or cash deposit or marketable value of the securities shall be ten thousand dollars ($10,000). Liability under each bond shall be continuous until the reclamation provisions of this part and regulations have been fulfilled.   Local governmental entities and state agencies may execute their own bonds as surety.
TN Code § 59-8-409 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-409. Action on Permit Applications

 Upon the basis of a complete mining application and reclamation plan as required, including public notification and the opportunity for public comment and a public hearing, the commissioner shall grant, require modification of, or deny the application for a permit in not less than thirty (30) days nor more than sixty (60) days, and notify the applicant in writing. The applicant for a permit shall have the burden of establishing that the application is in compliance with all the requirements of the program.
TN Code § 59-8-411 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-411. Public Notice and Review — Appeal From Commissioner's Decision. [See Contingent Amendment to Subdivision (C)(2) and the Compiler’s notes.]

   The permit applicant shall publish an advertisement in a newspaper of general circulation in the locality of the proposed site, which describes the ownership, the exact location, and boundaries of the proposed site specifically enough that the proposed operation can be readily located by local residents, and the location of the place where the application is available for public inspection. Such advertisement shall be published at least once within thirty (30) days prior to the filing of an application with the commissioner and shall be in such form as shall be specified by regulation.   The permit applicant shall notify every legal or equitable owner of record if different than the applicant of all surface areas contiguous to any part of the permit area by certified mail within thirty (30) days prior to the filing of the application of the proposed coal surface mining operation.   The permit application shall contain proof of such notification.     Any person may have the right to see and review the entire application, except for information for which confidentiality is provided in this part or otherwise by law, and any person having an interest which is or may be adversely affected, or the officer or head of any federal, state, or local governmental agency or authority may file written objections to the application for a permit within thirty (30) days after the receipt of an application. Any written comments received shall be taken into consideration when the commissioner makes a determination on the application.    If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification.  [Current version. See second version for contingent amendment and Compiler's Notes.]    Any person with an interest which is or may be adversely affected by any decision of the commissioner in granting, denying, or modifying any permit application may appeal to the Tennessee board of water quality, oil, and gas [See the Compiler's Notes] within thirty (30) days. Such hearing shall be held within sixty (60) days of filing of such appeal and the hearing shall otherwise be conducted as provided in [former] § 59-8-321(g) [repealed. See the Compiler's Notes].  [Contingent amendment. See the Compiler's Notes.]       Any person with an interest which is or may be adversely affected by any decision of the commissioner in granting, denying, or modifying any permit application may appeal to the board within thirty (30) days. Such hearing shall be held within sixty (60) days of filing of such appeal and the hearing shall otherwise be conducted as provided in [former] § 59-8-321(g) [repealed. See the Compiler's Notes].
TN Code § 59-8-412 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-412. Performance Standards

  Any permit issued under this part to conduct coal surface mining operations shall require the operator to meet all applicable performance standards of this part, any other environmental laws and regulations which relate to the operation and any other requirements that the commissioner shall promulgate.   Such performance standards referred to in subsection (a) include:  Quick and permanent soil stabilization must be achieved by planting of grasses, legumes and trees or shrubs, or any prescribed combination thereof;   Backfilling and grading must be performed timely to prevent the impoundment and contamination of water in pits;   Drainage from affected areas must be controlled so as to minimize concentration of suspended solids to waters of the state;   All acid producing material must be buried on the protected area; and   All highwalls exposed during the mining process other than previously existing highwalls must be eliminated; provided, however, that if a prior existing highwall is disturbed, the highwall must be eliminated to the extent of the new exposure.
TN Code § 59-8-414 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-414. Release of Bond. [See Contingent Amendment to Subsection (B) and the Compiler’s notes.]

  The commissioner may release all or part of the bond or deposit when the commissioner is satisfied that the reclamation covered by the bond or deposit or portion thereof has been accomplished as required by this part. Releases and partial releases shall be accomplished as follows:  When the operator completes the backfilling, regrading, topsoiling, drainage control, site preparation, soil treatments, mulching, and initial planting of the vegetative cover in accordance with the approved plan as noted on a completion report, the commissioner shall issue to the operator and the operator's surety a partial release of seventy percent (70%) of the bond. The remaining bond shall be held for one (1) year, at a minimum, to assure that all reclamation requirements have been successfully met;   The permittee shall not be denied access to the mining site for the purposes of completing or maintaining reclamation work because of the expiration of the permittee's lease, until all of the permittee's performance bond has been released.  [Current version. See second version for contingent amendment and Compiler's Notes.]      If the commissioner disapproves the application for release of the bond or portion thereof, the commissioner shall notify the permittee and the permittee's surety, stating the reasons for disapproval and recommending specific corrective actions necessary to secure the release, and allowing the permittee an opportunity for a hearing before the Tennessee board of water quality, oil, and gas [See the Compiler's Notes]. This notice and recommendation 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 shall specify in what respects the operator has failed to comply with this part, or the regulations of the commissioner.  [Contingent amendment. See the Compiler's Notes.]     If the commissioner disapproves the application for release of the bond or portion thereof, the commissioner shall notify the permittee and the permittee's surety, stating the reasons for disapproval and recommending specific corrective actions necessary to secure the release, and allowing the permittee an opportunity for a hearing before the board. This notice and recommendation 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 shall specify in what respects the operator has failed to comply with this part, or the regulations of the commissioner.
TN Code § 59-8-418 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-418. Permit Application Fees

  Every application for a coal surface mining permit shall be accompanied by a fee of three thousand dollars ($3,000).   Local governmental entities and state agencies are exempted from permit fees.   All permit fees collected pursuant to this part are credited, appropriated and allocated to the department for the administration and enforcement of this part. Any 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.
TN Code § 59-8-419 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-419. Coal Purchases — Permit Information, etc., Required

  It is unlawful for any dealer, broker, or other purchaser to purchase coal from an operator without first being shown such operator's valid coal surface mining permit.   Each dealer, broker or other purchaser shall maintain a record on forms furnished by the commissioner of each purchase of coal, including the date of purchase, the number of tons purchased, the name of the operator, and the operator's permit number, and shall furnish such information to the commissioner at intervals of not less than sixty (60) days.
TN Code § 59-8-420 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-420. Publicly Owned Mining Operations

 Any agency, unit, or instrumentality of state, federal, or local government, including any publicly owned utility or publicly owned corporation of state, federal, or local government, which proposes to engage in mining operations which are subject to the requirements of this part, shall comply with this part; provided, however, that local governmental entities and state agencies shall not be subject to fees or bonds except as otherwise required by this part.
TN Code § 59-8-421 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-421. Section 66-5-102 Unaffected

 Nothing in this part shall be construed to limit or invalidate § 66-5-102.
TN Code § 59-8-222 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-222. Civil and Criminal Penalties — Enforcement — Rights Preserved

 59-8-228. Certain exploratory drilling regulated under Mineral Test Hole Regulatory Act exclusively.
TN Code § 60-1-101 (2021)
2021 Tennessee Code|Title 60 - Oil and Gas|Chapter 1 - Production of Oil and Gas|Part 1 - General Provisions|§ 60-1-101. Chapter Definitions. [See Contingent Amendment to Subdivision (1) and the Compiler’s notes.]

 As used in this chapter, unless the context otherwise requires:   [Current version. See second version for contingent amendment and Compiler's Notes.]   “Board” means the Tennessee board of water quality, oil and gas created by § 69-3-104;  [Contingent amendment. See the Compiler's Notes.]    “Casinghead gas” means any gas or vapor, or both, indigenous to an oil stratum and produced from such stratum with oil. It shall be treated as gas, if sold, for the purpose of paying privilege tax;   “Condensate” means liquid hydrocarbons that were in the gaseous phase in the reservoir in initial reservoir conditions. It shall be treated as oil for the purpose of paying privilege tax;   “Field” means the general area which is underlain or appears to be underlain by at least one pool and including the pool or pools beneath the area;   “Gas” means all natural gas and all other fluid hydrocarbons not defined as oil, including condensate because it originally was in a gaseous phase in the reservoir;   “Oil” means crude petroleum that was originally in an oil phase in the reservoir;   “Operator” means any person who owns or is directly responsible for a business involved in some phase of the production, manufacture, refining or distribution of petroleum oil or natural gas;   “Owner” means the person who has the right to drill into and to produce from any pool, and to appropriate the production for such person or others;   “Person” means any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind;   “Pool” means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas or both. Each zone of the general structure which is completely separated from any other zone in the structure is covered by the term “pool” as used in this chapter;   “Producer” means the owner of a well or wells capable of producing oil or gas, or both, in paying quantities;   “Supervisor” means the commissioner of environment and conservation or the commissioner's designee; and   “Waste,” in addition to its ordinary meaning, means “physical waste” as that term is generally understood in the oil and gas industry. It includes:  Underground waste and inefficient, excessive, or improper use or dissipation of reservoir energy, including gas energy and water drive, of any pool; and the locating, spacing, drilling, equipping, operating, or producing of any oil well or gas ultimately recoverable from any pool; and   Surface waste and the inefficient storing of oil and the locating, spacing, drilling, equipping, operating or producing of oil wells or gas wells in a manner causing or tending to cause unnecessary or excessive surface loss or destruction of oil or gas.      “Board” means the Tennessee board of energy and natural resources, created by § 69-3-104;
TN Code § 60-1-102 (2021)
2021 Tennessee Code|Title 60 - Oil and Gas|Chapter 1 - Production of Oil and Gas|Part 1 - General Provisions|§ 60-1-102. Waste Prohibited

 The production or handling of crude petroleum oil or natural gas in such manner or under such conditions as to constitute or result in waste as defined in § 60-1-101 is each prohibited.
TN Code § 60-1-103 (2021)
2021 Tennessee Code|Title 60 - Oil and Gas|Chapter 1 - Production of Oil and Gas|Part 1 - General Provisions|§ 60-1-103. Permits — Applications — Operators' Plans

   No person shall drill any well for oil or gas, or conduct any surface disturbances incidental to or in preparation for such drilling, until a permit application has been submitted to the supervisor. The supervisor shall not issue a permit until the conditions established by this subsection (a) have been met.   An application for a permit to drill shall be filed with the supervisor. The supervisor shall prescribe the form of the application.   The application shall include the exact location of the well, the name and address of the person or persons responsible for the drilling operations, the proposed depth of the well, the location of all existing or proposed roads providing access to the well site, and the location of all blue-line streams within one-half (½) mile of the well site or access roads.   The application shall also include a plan for erosion control prevention of pollution of surface waters, and reclamation of all areas disturbed by the operations, including access roads. The plan shall conform to the requirements of part 7 of this chapter. The plan must be sufficiently detailed to allow an inspector to locate the site of the facilities to be constructed and to estimate the expected environmental impact, but does not have to include detailed engineering design drawings.   No drilling shall begin until the permit has been approved.   A processing fee for permits shall be submitted with the application in an amount specified in rules promulgated by the board, which shall not exceed the amount stated in § 68-203-103(h) for an oil and gas permit.     All funds received by the commissioner under this chapter, except those under parts 3 and 4 of this chapter, together with any interest earned on the funds, shall be deposited into a separate account in the environmental protection fund created by § 68-203-101.   The supervisor may require or approve modifications in the operator's plan if such modifications are necessary to prevent pollution or to promote reclamation.   Upon approval, the operator's plan shall be a condition of the operator's permit. Failure to comply with the plan shall be grounds for revocation of the permit and forfeiture of the bond.