reglab/housing_qa huggingface dataset:
TN Code § 59-8-212 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-212. Tennessee Surface Mine Reclamation Fund — Other Available Funds. [Contingent Amendment. See First Version of Section and Compiler's notes.]

 All sums received through the payment of fees 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. This fund, appropriations for which are also authorized, shall be available to the commissioner for expenditure for the reclamation and revegetation of land affected by surface mining operations, including lands so affected prior to enactment of this part; provided, that the proceeds from the forfeiture of any bond shall be used to the extent required in completing reclamation and revegetation of the area with respect to which the bond was posted. The fund shall also be available to the commissioner for expenditures consistent with § 59-8-104. Any unencumbered and any unexpended balance of this fund remaining at the end of any fiscal year shall not lapse but shall be carried forward for the purpose of reclamation and revegetation of land as provided in this section until expended.
TN Code § 59-8-213 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-213. Utilizing Services of Other Agencies or Persons — Compensation — Funding

  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.   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.
TN Code § 59-8-214 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-214. Right of Access

 The designees of the commissioner and any other agency and any contractor under a contract with the commissioner shall have the right of access to the land affected to carry out reclamation.
TN Code § 59-8-215 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-215. State's Power to Acquire Land Affected by Surface Mining

  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.   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.   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.   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.
TN Code § 59-8-216 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-216. Commissioner's Power to Effect Reclamation Subject to Availability of Funds

 The commissioner shall have the power to backfill, grade, plant and perform other acts of reclamation or contract for the performance of such reclamation work, on any lands acquired under § 59-8-215, to the extent and subject to such conditions as state or federal funds are appropriated and available therefor.
TN Code § 59-8-217 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-217. Acquisitions and Disposals of Land After Reclamation

  After the reclamation of the acquired land, the commissioner may, with the approval of the governor, transfer jurisdiction of such land, or any portion thereof, to any state agency that can best utilize such land for public purposes. If the retention of such land is determined to be impractical, the commissioner may, with the approval of the governor and attorney general and reporter, sell such land to political subdivisions of this state at the cost of acquisition and reclamation or by public sale to the highest bidder. Such land shall be sold subject to the condition that no surface mining shall be conducted thereon at any time thereafter. The proceeds of any such sale shall be credited to the Tennessee surface mine reclamation fund as provided in § 59-8-212.   No land with respect to which a bond conditioned upon the reclamation thereof is in effect shall be acquired pursuant to § 59-8-215, nor shall this part be construed to relieve any person from any obligation to shape, plant or perform other reclamation required by law.   All acquisitions and disposals of land or any interest therein pursuant to the authority granted by this part shall be governed by the applicable provisions of title 12, chapters 1 and 2.
TN Code § 59-8-223 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-223. Injunctive Relief

  When there is reason to believe that a person is violating or is about to violate or has violated any of the provisions of this part or any permits or orders issued thereunder, the commissioner may institute proceedings in the chancery court of the county in which the alleged violation occurred for injunctive relief to prevent continuance of such action or to correct the conditions resulting or about to result therefrom or both. The court shall grant the injunction without the necessity of showing a lack of adequate remedy at law upon a showing by the commissioner that such person is violating or about to violate or has violated one (1) or more of the provisions of this part. In such suits, the commissioner may obtain permanent or temporary injunctions, prohibitory or mandatory, and restraining orders.   The commissioner may bring suit for injunctive enforcement of any order made by the commissioner when such order has become final as a result of any person's failure to appeal to the board, and such person has failed to comply with the order. In such suits, all findings of fact contained in the order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order. The order made by the commissioner in such cases shall be prima facie reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law. The board may likewise bring suit for enforcement of any order made by it, which has become final either by the failure of any person to appeal the board's order or by an appellate court's decision against any person who fails to comply with such final order. In such suits, the board's decision shall not be subject to challenge as to matters of law or fact, but the violator may proffer evidence showing that the violator has in fact complied with the board's order.   Any suit for an injunction brought by the commissioner shall be filed in the chancery court of the county in which all or a part of the violation is or is about to occur, in the name of the department, by the district attorney general or by the attorney general at the direction of the commissioner or the board and under the supervision of the attorney general. Such proceedings shall not be tried by jury. Appeals from judgments or decrees of the chancery court in proceedings brought under the provisions of this part shall lie to the supreme court despite the fact that controverted questions of fact may be involved.
TN Code § 59-8-224 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-224. Supplemental Nature of Part

 This part shall not operate to repeal or affect any of the laws of the state relating to the pollution of the air or waters thereof, or any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto.
TN Code § 59-8-225 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-225. Immediate Conformity to Statutes or Regulations Required

 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.
TN Code § 59-8-226 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-226. Sanctions Applicable Only to Mines in Violation

 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.
TN Code § 59-8-227 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 2 - Tennessee Mineral Surface Mining Law of 1972|§ 59-8-227. [reserved.]

 Notwithstanding any law to the contrary, any exploration for minerals which is conducted solely by drilling or any other method which results in a drill hole of a diameter of six inches (6") or less shall be regulated only under former chapter 9 [repealed] of this title.
TN Code § 59-8-303 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 3 - Tennessee Coal Surface Mining Law of 1980|§ 59-8-303. Tennessee Surface Mine Reclamation Fund

  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.   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.   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.   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).
TN Code § 59-8-304 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 3 - Tennessee Coal Surface Mining Law of 1980|§ 59-8-304. Definitions for §§ 59-8-304 — 59-8-309. [See Contingent Amendment to Subdivision (1) and the Compiler’s notes.]

 As used in §§ 59-8-304 — 59-8-309, 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 [See the Compiler's Notes] as created by [former] § 59-8-321 [repealed. See Compiler's Notes];  [Contingent amendment. See the Compiler's Notes.]    “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;   “Department” means the department of environment and conservation; and   “Director” means the director of the division of water pollution control in the department of environment and conservation.    “Board” means the Tennessee board of energy and natural resources created by § 69-3-104;
TN Code § 59-8-305 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 3 - Tennessee Coal Surface Mining Law of 1980|§ 59-8-305. Violations — Penalties

  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):  Mines more than twenty-five (25) tons of coal within twelve (12) successive calendar months, regardless of the size of the mine site, without obtaining a permit for such mine from the commissioner or the primary regulatory authority pursuant to 30 U.S.C. § 1201 et seq., or without a permit for such mine obtained pursuant to this part prior to October 1, 1984;   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   Prevents or impedes an employee of the state from performing the employee's duty under this part, except as permitted by law.     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.   All penalties and fines recovered under this section shall be placed in the state treasury and credited to the Tennessee surface mine reclamation fund.
TN Code § 59-8-306 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 3 - Tennessee Coal Surface Mining Law of 1980|§ 59-8-306. Applicability of Prior Law

  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.   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.   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].
TN Code § 59-8-307 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 3 - Tennessee Coal Surface Mining Law of 1980|§ 59-8-307. When Permits Required

 Any person who mines more than twenty-five (25) tons of coal within twelve (12) successive calendar months in this state, regardless of the size of the mine site, must obtain a permit for such mine from the commissioner or the primary regulatory authority.
TN Code § 59-8-308 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 3 - Tennessee Coal Surface Mining Law of 1980|§ 59-8-308. Commissioner and Personnel — Powers

 The commissioner shall have the authority to:   Employ and commission qualified persons as surface mine reclamation personnel. When properly qualified and commissioned, such personnel shall be vested with such authority as is necessary to enforce all laws, regulations, permits, and orders 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;   Make such investigations or inspections as are necessary to ensure compliance with any provisions of §§ 59-8-304 — 59-8-309, 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.
TN Code § 59-8-309 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 3 - Tennessee Coal Surface Mining Law of 1980|§ 59-8-309. Rules and Regulations

 All rules and regulations promulgated and now in force for the abandoned mine land reclamation program, published by the secretary of state as chapter 0400-1-24 shall remain in full force and effect. All other rules and regulations promulgated pursuant to this part, except as otherwise provided in §§ 59-8-304 — 59-8-309, are repealed.
TN Code § 59-8-401 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-401. Short Title

 This part shall be known and cited as the “Coal Surface Mining Act of 1987.”
TN Code § 59-8-402 (2021)
2021 Tennessee Code|Title 59 - Mines and Mining|Chapter 8 - Strip and Open Pit Mines|Part 4 - Coal Surface Mining Act of 1987|§ 59-8-402. Legislative Findings and Intent

  The purpose of this part is to establish a regulatory program which will allow coal surface mining as defined herein for operations which are exempt from the jurisdiction of the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) consistent with adequate environmental safeguards; except this part is not intended to regulate coal surface mining operations where less than twenty-five (25) tons of coal are removed within twelve (12) successive calendar months in any one (1) location regardless of the size of the area affected.   The general assembly finds that although the surface mining of coal on operations disturbing two (2) surface acres or less within this state provides a significant present source of energy and employment, the proper control of surface mining of coal, so as to minimize or prevent adverse disruptions and the injurious effects thereof, requires thorough planning in selection of appropriate coal surface mining sites, methods of coal surface mining and the nature and extent of reclamation; consideration of the impact of coal surface mining upon the ecology and land use of surrounding areas as well as upon the disturbed land of the coal surface mining site; and the incorporation and use of control techniques and reclamation actions as an integral and simultaneous part of coal surface mining.   To the extent that the federal government defines or redefines its jurisdiction over coal surface mining operations within the scope of this part, it is the intention of the general assembly that the program substantially comply with the federal definitions.