reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 2 - GENERAL PROVISIONS OF THE BOARD (§§ 60-1-201 — 60-1-209) › Section 60-1-201 - Reserved

Acts 1943, ch. 64, § 1; C. Supp. 1950, § 5240.1; impl. am. Acts 1959, ch. 9, § 14; Acts 1978, ch. 791, § 2; impl. am. Acts 1978, ch. 754, §1; T.C.A. (orig. ed.), § 60-103; Acts 1982, ch. 654, § 3; 1983, ch. 429, § 23; 1987, ch. 257, § 6; 1991, ch. 94, § 1; 1992, ch. 693, §22; 2011 , ch. 172, § 3; repealed by Acts 2012 , ch. 986, § 30, effective 10/1/2012.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 2 - GENERAL PROVISIONS OF THE BOARD (§§ 60-1-201 — 60-1-209) › Section 60-1-203 - Quorum of board

Any three (3) members of the board shall constitute a quorum, but three (3) affirmative votes shall be necessary for the adoption of any rule or order of the board.
Acts 1943, ch. 64, § 2; C. Supp. 1950, § 5240.2; Acts 1978, ch. 791, §3; T.C.A. (orig. ed.), § 60-106.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 2 - GENERAL PROVISIONS OF THE BOARD (§§ 60-1-201 — 60-1-209) › Section 60-1-204 - Rules, regulations, and orders of board

(a)
The board shall prescribe its rules of order, procedure in hearings or other proceedings before it under this chapter.
(b)
No rule or order, in the absence of an emergency, may be made by the board except after a public hearing upon at least ten (10) days' notice in a manner and form prescribed by the board. Such public hearing shall be held at such time, place, and manner as may be prescribed by the board and any person having any interest in the subject matter of the hearing shall be entitled to be heard.
(c)
If an emergency appears to the board to exist, it may act without a public hearing and the rule, regulation, or order shall be valid. This emergency rule or regulation shall remain in force not longer than fifteen (15) days after its effective date, and, in any event, shall expire when the rule or regulation made after due notice and hearing shall become effective.
(d)
All rules and regulations of the board shall be entered in writing by the supervisor in a book kept for such purposes, which shall be a public record and open to inspection. A copy of such rules and regulations certified by the supervisor shall be received in evidence in all courts in this state with the same effect as the original.
Acts 1943, ch. 64, § 6; C. Supp. 1950, § 5240.6; T.C.A. (orig. ed.), § 60-107.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 2 - GENERAL PROVISIONS OF THE BOARD (§§ 60-1-201 — 60-1-209) › Section 60-1-205 - Power to subpoena and swear witnesses

(a)
The board, or any member thereof, is empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before it, and to require the production of books, papers and records in any proceeding before the board as may be material upon questions lawfully before the board. Such subpoenas shall be served by the sheriff or any other officer authorized by law to serve process in this state. No person shall be excused from attending and testifying, or from producing books, papers and records before the board or a court, or from obedience to the subpoena of the board or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of such person may tend to incriminate the person or subject the person to a penalty or forfeiture; provided, that nothing herein shall be construed as requiring any person to produce any books, papers or records, or to testify in response to any inquiry, not pertinent to some question lawfully before such board or court for determination. No natural person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person may be required to testify or produce evidence, documentary or otherwise, before the board or court, or in obedience to its subpoena; provided, that no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
(b)
In case of failure or refusal on the part of any person to comply with any subpoena issued by the board or any members thereof, or in case of the refusal of any witness to testify or answer to any matter regarding which the person may be lawfully interrogated, any circuit court in this state in the county where the board is sitting, on application of the board, may in term time or vacation, issue an attachment for such person and compel the person to comply with such subpoena and to attend before the board and produce such documents, and give testimony upon such matters, as may be lawfully required, and such court shall have the power to punish for contempt as in case of disobedience of like subpoenas issued by or from such court, or for a refusal to testify therein. The chair or any member of the board is authorized to administer oaths to witnesses, and any false swearing shall constitute perjury and be punished in accordance with the general criminal statutes relating to perjury.
Acts 1943, ch. 64, § 7; C. Supp. 1950, § 5240.7; impl. am. Acts 1978, ch. 754, § 1; T.C.A. (orig. ed.), § 60-108.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 2 - GENERAL PROVISIONS OF THE BOARD (§§ 60-1-201 — 60-1-209) › Section 60-1-206 - Enforcement of chapter

The supervisor is charged with enforcing this chapter and the regulations and orders of the board.
Acts 1943, ch. 64, § 2; C. Supp. 1950, § 5240.2; T.C.A. (orig. ed.), § 60-109.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 2 - GENERAL PROVISIONS OF THE BOARD (§§ 60-1-201 — 60-1-209) › Section 60-1-207 - Employment of personnel

The oil and gas supervisor, with the concurrence of the board, shall have the authority, and it shall be the supervisor's duty to employ all necessary personnel to carry out this chapter.
Acts 1943, ch. 64, § 10; C. Supp. 1950, § 5240.10; T.C.A. (orig. ed.), § 60-110.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 2 - GENERAL PROVISIONS OF THE BOARD (§§ 60-1-201 — 60-1-209) › Section 60-1-208 - Travel expenses

Board members and the supervisor shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1976, ch. 806, § 1(63); T.C.A., § 60-119.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 3 - TAXATION (§§ 60-1-301 — 60-1-302) › Section 60-1-301 - Severance tax levied - Exceptions - Disposition of revenues - Moratorium on taxes

(a)
There is levied a severance tax on all gas and oil removed from the ground in Tennessee. The measure of the tax for such gas and oil shall be three percent (3%) of the sale price of such gas and oil. Every person actually engaged in severing oil or gas, or actually operating oil or gas property under contracts or agreements requiring direct payments to the owners of any royalty interest, excess royalty or working interest, either in money or otherwise, shall be liable for the tax imposed by this section and shall, prior to making any such payments, withhold from any quantity or amount due the amount of tax due pursuant to this section.
(b)
The tax shall be levied for the use and benefit of the state, as well as the county governments and one third (1/3) of all revenues collected from the tax shall be allocated to the county which was the site of the wellhead for that gas or oil. The remaining two thirds (2/3) of such revenues shall be deposited to the credit of the state treasurer as a part of the general funds of the state.
(c)
No other tax shall be imposed on such gas and oil by the state, counties or any other political subdivision of the state; provided, however, that:
(1)
Free gas used by the property owner or tenant under the terms of the lease, unless it be in lieu of cash payment; and
(2)
Gas which has been injected into the ground for underground storage and thereafter withdrawn shall not be subject to this, or any taxation.
Acts 1943, ch. 64, § 13; C. Supp. 1950, § 5240.13; Acts 1963, ch. 106, § 1; 1978, ch. 761, § 115; 1978, ch. 777, § 1; 1979, ch. 153, §1; T.C.A. (orig. ed.), § 60-116; Acts 1981, ch. 155, § 1; 1982, ch. 878, § 1.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 3 - TAXATION (§§ 60-1-301 — 60-1-302) › Section 60-1-302 - Reports and payment of tax

The severance tax imposed in this part shall be payable as follows:
(1)
On or before the twentieth day of each month the person liable for the tax shall file with the commissioner of revenue, on forms prescribed by the commissioner, a report of all oil removed from the ground during the preceding month, and shall remit to the commissioner of revenue therewith the amount of tax due for the period covered by the report;
(2)
On or before the twentieth day of each month the person liable for the tax shall file with the commissioner, on forms prescribed by the commissioner, a report of all gas removed from the ground during the second preceding month and shall remit to the commissioner therewith the amount of tax due for the period covered by the report.
Acts 1943, ch. 64, § 14; C. Supp. 1950, § 5540.14; impl. am. Acts 1959, ch. 9, § 14; 1979, ch. 153, § 2; T.C.A. (orig. ed.), § 60-117; Acts 1981, ch. 155, § 2; 1984, ch. 634, § 1; 1988, ch. 526, § 18.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 4 - VIOLATIONS (§§ 60-1-401 — 60-1-404) › Section 60-1-402 - Restraining violations

Whenever it shall appear that any person is violating or threatening to violate any provisions of this chapter, or any rule, regulation or order made hereunder, and unless the board without litigation can effectively prevent further violation or threat of violation, then the board, through the attorney general, who may call to the attorney general's assistance the district attorney general of the district in which suit is instituted, shall bring suit in the name of the state of Tennessee against such person in the circuit or chancery court in the county of the residence of the defendant, or if there be more than one (1) defendant, in the circuit or chancery court in the county of the residence of any of same, or in the circuit or chancery court in the county in which such violation is alleged to have occurred, to restrain such person from continuing such violation or from carrying out the threat of violation. In such suit the board, in the name of the state of Tennessee, may obtain an injunction prohibitory and mandatory, including temporary restraining orders and temporary injunctions as the facts may warrant.
Acts 1943, ch. 64, § 8; C. Supp. 1950, § 5240.8; T.C.A. (orig. ed.), § 60-114.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 4 - VIOLATIONS (§§ 60-1-401 — 60-1-404) › Section 60-1-403 - Right to damages unimpaired

Nothing in this chapter contained or authorized and no suit by or against the board and no penalties imposed or claimed against any person for violating any provision of this chapter, or any rule, regulation or order issued hereunder, and no forfeiture shall impair or abridge or delay any cause of action for damages which any person may have or assert against any person violating any provisions of this chapter or any rule, regulation or order issued hereunder. Any person so damaged by the violation may sue for and recover such damages as the person may show that the person is entitled to receive.
Acts 1943, ch. 64, § 9; C. Supp. 1950, § 5240.9; T.C.A. (orig. ed.), § 60-115.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 4 - VIOLATIONS (§§ 60-1-401 — 60-1-404) › Section 60-1-404 - Tennessee board of water quality, oil and gas reclamation fund

(a)
All sums received in payment of penalties assessed by the board pursuant to this part shall be placed in the state treasury in a separate account to be designated as the Tennessee board of water quality, oil and gas reclamation fund.
(b)
This fund shall be available to the board for expenditure for site protection and reclamation work on land and waters damaged by surface disturbances. The fund may be expended for such work following default and notice of forfeiture of bond, if the bond furnished by the operator is not sufficient to cover the cost of reclamation. It may also be expended for such work if the operations which caused the damage were not covered by the bond, including operations conducted before January 1, 1988.
(c)
This fund shall also be available to the board for expenditure for the plugging of dry or abandoned wells. The fund may be expended for such work, following default and notice of forfeiture, if the bond furnished by the operator is not sufficient to cover the cost of plugging. It also may be expended to plug dry or abandoned wells not covered by a bond, including wells drilled before January 1, 1988.
(d)
Any unencumbered or unexpended balance of this fund remaining at the end of any fiscal year together with any interest earned thereon shall not revert to the general fund, but shall be carried forward until expended for the purpose of site protection and reclamation or the plugging of dry or abandoned wells, as provided in this section.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Amended by 2013 Tenn. Acts, ch. 94, s 1, eff. 4/8/2013.
Acts 1987, ch. 257, §4; 2007 , ch. 362, § 9.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-501 - Short title

This part shall be known and may be cited as the "Mineral Test Hole Regulatory Act."
Acts 1982, ch. 654, § 4.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-502 - Purpose

The purpose of this part is to:
(1)
Regulate the drilling of mineral test holes in order to prevent the pollution of potable water resources, both surface and subsurface, as the result of the introduction of undesirable substances, including natural brines, oil, gas, or mineralized waters through the process of the drilling of mineral test holes; and
(2)
Provide basic geologic data to the state relating to oil, gas and water occurrences.
Acts 1982, ch. 654, § 4.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-503 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Board" means the Tennessee board of water quality, oil and gas;
(2)
"For exploratory purposes" means drilling of mineral test holes for the specific purpose of exploring for mineral resources;
(3)
"Mineral" means any substance with economic value whether organic or inorganic that can be extracted from the earth, but excluding oil and gas;
(4)
"Mineral test hole" means any hole in excess of one hundred feet (100') drilled during the exploration for minerals but excludes auger drilling in surficial or otherwise unconsolidated material, drilling in conjunction with mining or quarrying operations, drill holes for the exploration of oil and/or gas, water, structural foundations, and seismic surveys;
(5)
"Natural brine" means naturally occurring mineralized water other than potable or fresh water;
(6)
"Operator" means the person, whether owner or not, supervising or responsible for drilling, operating, repairing, abandoning or plugging of mineral test holes subject to this part;
(7)
"Owner" means the person who has or attains the right to drill, convert or operate any mineral test hole subject to this part;
(8)
"Person" means any individual, corporation, company, association, joint venture, partnership, receiver, trustee, guardian, executor, administrator, personal representative or private organization of any kind;
(9)
"Pollution" means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of the waters, soils, animal, fish and aquatic life or surface property of this state as will:
(A)
Result or will likely result in harm, potential harm, or detriment to the public health, safety, or welfare;
(B)
Result or will likely result in harm, potential harm, or detriment to the health of animals, birds, fish, or aquatic life;
(C)
Render or will likely render the waters, soils, animal, fish and aquatic life or surface property substantially less useful for domestic, municipal, industrial, agricultural, recreational, or other reasonable uses; or
(D)
Leave or will likely leave the waters in such condition as to violate any standards of water quality established by the Tennessee board of water quality, oil and gas; and
(10)
"Supervisor" means the commissioner or the commissioner's designee.
Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021.
Acts 1982, ch. 654, § 4; 1992, ch. 693, § 23.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-504 - Administration of part - Powers of supervisor

(a)
The supervisor shall administer and enforce this part.
(b)
The supervisor shall exercise the following powers to:
(1)
Adopt rules and regulations necessary for the implementation of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(2)
Make inspections of drilling operations and require the keeping of accurate records;
(3)
Require that the location, drilling, deepening, reworking, reopening, casing and plugging of mineral test holes subject to this part be accomplished in a manner which prevents surface and underground pollution;
(4)
Require on all mineral test holes the keeping of data and the filing of such data with the supervisor which are appropriate to the purposes of this chapter. Oil, gas and hydrologic data obtained from the drilling of mineral test holes are deemed appropriate to the purposes of this part. This information shall be held confidential by the supervisor for a period of six (6) months at the request of the operator;
(5)
Release to the board for meetings and hearings only data which are necessary to the administration of this part;
(6)
Order by written notice, the immediate suspension or prompt correction of any operation, condition, or practice found to exist which is causing or resulting in, or threatening to cause or result in, surface or underground pollution. Orders shall remain in force until cancelled by the supervisor, or modified by the board, or the courts;
(7)
Require the filing of adequate surety or security bonds and to provide for the release thereof;
(8)
Qualify persons for blanket permits; and
(9)
Bring proceedings at law or in equity for the enforcement of this part and rules, regulations or orders promulgated thereunder in the circuit or chancery court of the county in which a violation is alleged to have occurred.
Acts 1982, ch. 654, §4; 2007 , ch. 362, § 10.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-505 - Permit required - Fees

(a)
A person shall not drill a mineral test hole for exploratory purposes until the owner, directly or through the owner's authorized representative, files a written application for a permit to drill, files an approved surety or security bond, and receives a permit in accordance with the rules of the supervisor. A fee shall be submitted with the application in an amount to be set in rules to be promulgated by the supervisor not to exceed the amount stated in §
68-203-103(h)
for a mineral test hole permit fee. Within ten (10) days after receiving the application and fee, the supervisor shall issue or deny the permit. No permit shall be issued to any owner or owner's authorized representative who is in violation of this part or any rules promulgated thereunder.
(b)
Upon request, the supervisor may issue a blanket permit to qualified persons to drill mineral test holes within a limited or local area where an extensive drilling exploration program is planned.
(c)
All information pertaining to the application for and issuance of permits for mineral test holes subject to this part shall be held confidential.
Acts 1982, ch. 654, §4; 2007 , ch. 362, §§ 11, 12.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-506 - Application of Administrative Procedures Act

All administrative functions, proceedings and duties of the board relating to this part shall be subject to and conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1982, ch. 654, § 4.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-507 - Supervisor to correct problems upon failure of owner, operator or surety

Whenever the supervisor has determined that an owner or operator has failed or neglected to drill, case, operate, repair or plug a mineral test hole in accordance with this part or the rules or orders adopted hereunder, notice of the determination shall be given to the owner or operator and to the surety executing the bond filed by such owner or operator, along with an order to correct the problem. If the owner or operator, or surety, fails to correct the specified conditions in accordance with the rule or order of the supervisor within sixty (60) days after service of notice, the supervisor may enter into or upon any private or public property on which the well is located, and across any private or public property to reach the mineral test hole, and repair or correct the specified condition, and the owner, operator and surety shall be jointly and severally liable for all expenses incurred. The supervisor shall certify to the owner, operator and surety the claim of the state, listing therein the items of expense in making the repair or correction. The claims shall be paid by the owner or operator, or surety, within thirty (30) days, and, if not paid within that time, the supervisor may bring suit in the circuit or chancery court against the owner, operator and surety, jointly and severally, for the collection.
Acts 1982, ch. 654, § 4.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-508 - Actions prohibited

It is unlawful for any person to:
(1)
Violate any of this part or any rule or order of the supervisor or board;
(2)
Make false entry or statement in any required report or record;
(3)
Omit or cause to be omitted from any required report or record full, true and correct entries as required by this part;
(4)
Fail in providing, within a reasonable time, a copy of any report or record requested by the supervisor; and
(5)
Cause surface or subsurface pollution in the drilling, operation, or plugging of mineral test holes subject to this part.
Acts 1982, ch. 654, § 4.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-509 - Civil and criminal penalties

(a)
Any person or operator who violates any of this part or regulations adopted pursuant thereto, or who fails to perform the duties imposed by these provisions or who fails or refuses to obtain a permit as provided herein, or who violates any determination or order promulgated pursuant to this part is liable to a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each day during which such violation continues, and, in addition, may be enjoined from continuing such violation as hereinafter provided. The penalties shall be assessed and subject to appeal in accordance with §
60-1-401
.
(b)
It shall be the duty of the district attorneys general in the various judicial districts throughout the state, or the attorney general and reporter, upon the request of the supervisor, to bring an action for the recovery of the penalties herein provided for and to bring an action for a restraining order, temporary or permanent injunction, against any operator or other person violating or threatening to violate any of this part or violating or threatening to violate any order or determination promulgated pursuant to this part.
(c)
Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the board or the supervisor or who willfully fails, neglects, or refuses to comply with any of this part is guilty of a Class C misdemeanor; provided, that no process by warrant, presentment or indictment shall be issued except upon application of the board or commissioner or such application for process authorized by them.
(d)
Nothing in this part shall abrogate the right of any person who is materially or personally damaged or injured by the drilling of a mineral test hole to seek remedies against the responsible person in the courts.
Acts 1982, ch. 654, § 4; 1989, ch. 591, §113; 2007 , ch. 362, § 13.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-510 - Injunctions

(a)
When there is reason to believe that a person is violating or is about to violate or has violated any of this part or any permits or orders issued thereunder, the supervisor 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 in 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 supervisor that such person is violating or is about to violate or has violated one (1) or more of the permanent or temporary injunctions, prohibitory or mandatory, and restraining orders.
(b)
The supervisor may bring suit for injunctive enforcement of any order made by the supervisor 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 supervisor's order. The order made by the supervisor in such cases shall be prima facie reasonable and valid, and it shall be presumed that the supervisor 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 failure of any person to appeal the board's order or by an appellate court's decision against any person who fails to comply with such final order. In such suits, the board's decision shall not be subject to challenge as to matters of law or fact, but the violator may proffer evidence showing that the violator has in fact complied with the board's order.
(c)
Any suit for an injunction brought by the supervisor 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 at the direction of the supervisor or the board and under the supervision of the attorney general and reporter. Such proceedings shall not be tried by jury. Appeals from judgments or decrees of the chancery court in proceedings brought under this part shall lie to the supreme court despite the fact that controverted questions of fact may be involved.
Acts 1982, ch. 654, § 4.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 5 - MINERAL TEST HOLE REGULATORY ACT (§§ 60-1-501 — 60-1-511) › Section 60-1-511 - Part supplemental

This part shall not operate to repeal or affect any of the laws of the state relating to the pollution of the air or waters thereof, or any conservation or mining laws, but shall be held and construed as ancillary and supplemental thereto.
Acts 1982, ch. 654, § 4.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 6 - OIL AND GAS SURFACE OWNERS COMPENSATION (§§ 60-1-601 — 60-1-608) › Section 60-1-601 - Short title

This part shall be known as and may be cited as the "Oil and Gas Surface Owners Compensation Act of 1984."
Acts 1984, ch. 863, § 2.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 6 - OIL AND GAS SURFACE OWNERS COMPENSATION (§§ 60-1-601 — 60-1-608) › Section 60-1-602 - Purpose

(a)
The general assembly finds that the exploration for and development of oil and gas reserves must coexist with the equal right to the use, agricultural or otherwise, of the surface of land within this state.
(b)
It is the purpose of this part to provide constitutionally permissible protection and compensation to surface owners of land on which oil and gas wells are drilled for the burden resulting from such drilling operations. This part shall be interpreted to benefit surface owners regardless of when any particular oil and gas estate was separated from the surface estate and regardless of who executed that document.
Acts 1984, ch. 863, § 2.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 6 - OIL AND GAS SURFACE OWNERS COMPENSATION (§§ 60-1-601 — 60-1-608) › Section 60-1-603 - Part definitions

For purposes of this part and unless the context clearly requires otherwise, the terms listed below will have the following meaning:
(1)
"Drilling operation" means the actual drilling or redrilling of an oil or gas well and the related preparation of the drilling site and access roads, which requires entry upon the surface estate;
(2)
"Oil and gas developer" means the person who acquires the oil and gas estate by any legal means for the purpose of extracting therefrom oil or gas;
(3)
"Person" means any natural person, corporation, firm, partnership, venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any government or any political subdivision or agency thereof;
(4)
"Surface owner" means a person who owns an estate in fee in the surface of land overlying an oil and gas estate being developed, either solely or as a co-owner.
Acts 1984, ch. 863, § 2.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 6 - OIL AND GAS SURFACE OWNERS COMPENSATION (§§ 60-1-601 — 60-1-608) › Section 60-1-604 - Compensation of surface owners for drilling operations

The oil and gas developer shall be obligated to pay the surface owner for:
(1)
Lost income or expenses incurred as a result of being unable to dedicate land actually occupied by the driller's operation or to which access is prevented by such drilling operation to the uses to which it was dedicated prior to commencement of the activity for which a permit was obtained, measured from the date the operator enters upon the land;
(2)
The market value of crops destroyed, damaged or prevented from reaching market;
(3)
Any damage to a water supply in use prior to the commencement of the permitted activity;
(4)
The cost of repair of personal property up to the value of replacement by personal property of like age, wear and quality; and
(5)
The diminution in value, if any, of the surface lands and other property after completion of the surface disturbance done pursuant to the activity for which the permit was issued, determined according to the actual use made thereof by the surface owner immediately prior to the commencement of the permitted activity.
Acts 1984, ch. 863, § 2.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 6 - OIL AND GAS SURFACE OWNERS COMPENSATION (§§ 60-1-601 — 60-1-608) › Section 60-1-605 - Notice of claim

Any surface owner, to receive compensation under this part shall notify by certified mail, return receipt requested, the oil and gas developer of the damages sustained by the person within three (3) years after the injury occurs.
Acts 1984, ch. 863, § 2.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 6 - OIL AND GAS SURFACE OWNERS COMPENSATION (§§ 60-1-601 — 60-1-608) › Section 60-1-606 - Response to persons seeking compensation

Within sixty (60) days after the oil and gas developer receives notice of damages, the oil and gas developer shall make a written response to the person seeking compensation for the damages.
Acts 1984, ch. 863, § 2.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 6 - OIL AND GAS SURFACE OWNERS COMPENSATION (§§ 60-1-601 — 60-1-608) › Section 60-1-607 - Arbitration

(a)
If the person seeking compensation receives a written rejection, rejects any counter-offer of the oil and gas developer, or receives no reply, that person may bring an action for compensation in a court of proper jurisdiction or the parties may elect to proceed by arbitration as provided herein. If the amount of compensation awarded by arbitration or the court is greater than that which had been offered by the oil and gas developer, the person seeking compensation shall also be awarded reasonable attorney fees, costs of expert witnesses, any other costs which may be legally assessed, and interest on the amount of the final compensation awarded from the day drilling was commenced.
(b)
The person seeking compensation, in place of bringing an action in court, can request of the oil and gas developer in writing by certified mail, return receipt requested, that compensation be determined by binding arbitration. If the oil and gas developer agrees to binding arbitration, the developer shall notify the person seeking compensation of consent to arbitration in writing within fifteen (15) days of receiving the request.
(c)
(1)
In the event of binding arbitration, compensation to be awarded the surface owner shall be determined by a disinterested arbitrator chosen by the surface owner and the oil and gas developer from a list of arbitrators approved by the American Arbitration Association.
(2)
Such hearings shall be conducted as provided in title 29, chapter 5, part 3.
(d)
Each party shall pay one-half (½) the compensation due the arbitrator.
Acts 1984, ch. 863, § 2.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 6 - OIL AND GAS SURFACE OWNERS COMPENSATION (§§ 60-1-601 — 60-1-608) › Section 60-1-608 - Common law remedies preserved

Nothing in this part shall be construed to diminish in any way the common law remedies, including damages, of a surface owner or any other person against the oil and gas developer for the unreasonable, negligent or otherwise wrongful exercise of the contractual right, whether express or implied, to use the surface of the land for the benefit of the developer's interest.
Acts 1984, ch. 863, § 2.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 7 - ENVIRONMENTAL PROTECTION (§§ 60-1-701 — 60-1-705) › Section 60-1-701 - Measures by operator at well site

At the well site, the operator shall take measures to prevent or minimize soil erosion and pollution of surface waters during the life of the operation. Such measures shall include sediment ponds, berms, diversion ditches, hay bales, and other measures designed to prevent erosion and discharge of pollutants from the well site.
Acts 1987, ch. 257, § 3.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 7 - ENVIRONMENTAL PROTECTION (§§ 60-1-701 — 60-1-705) › Section 60-1-702 - Access roads

(a)
Access roads shall be constructed in such a manner as to reduce erosion to a practical minimum.
(b)
Any regulations promulgated pursuant to this part concerning access roads shall be guidelines only and shall not be mandatory.
Acts 1987, ch. 257, §§ 3, 7.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 7 - ENVIRONMENTAL PROTECTION (§§ 60-1-701 — 60-1-705) › Section 60-1-703 - Manner of accomplishing reclamation of disturbed areas

Reclamation of all disturbed areas shall be accomplished in the following manner:
(1)
The vegetative cover must be diverse, effective, and permanent. It must be capable of long-term stabilization of the soil and must not impede natural vegetative succession or interfere with surrounding vegetative cover;
(2)
The permanent reclamation plant species must be capable of self-regeneration and must have the same seasonal characteristics of growth as the original vegetation. A different plant species not having these characteristics may be used to establish a quick-growing, temporary cover to stabilize the disturbed area;
(3)
Suitable mulch and soil nutrients shall be applied where necessary to stabilize a regraded area and to establish the vegetative cover;
(4)
Except for active work areas, a temporary vegetative cover shall be planted on all disturbed areas within thirty (30) days of the initial disturbance;
(5)
Within thirty (30) days of the plugging of a well, the permanent vegetative cover shall be planted on all disturbed areas;
(6)
Access roads are subject to all the above reclamation requirements unless the landowner establishes by sworn affidavit that a road will continue to be used for other legitimate purposes and maintained in usable condition, which condition reduces erosion to a practical minimum, by the surface owner. An access road may continue to be used by the operator to gain access to the well site in order to determine the adequacy of the vegetation cover or to perform additional revegetation;
(7)
Revegetation success shall not be determined until after two (2) successfully completed growing seasons have occurred; and
(8)
Revegetation shall be considered successful if a ground cover of at least ninety percent (90%) herbaceous and/or woody species is achieved, so long as at least eighty percent (80%) are perennial species.
Acts 1987, ch. 257, § 3.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 7 - ENVIRONMENTAL PROTECTION (§§ 60-1-701 — 60-1-705) › Section 60-1-704 - Release of reclamation bond

(a)
Upon satisfactory completion of regrading and revegetation of all disturbed areas except active work areas and access roads needed for oil or gas production, the supervisor shall release one third (1/3) of the reclamation bond. After plugging, and upon final reclamation and satisfactory survival of the vegetation through two (2) growing seasons, the supervisor shall release the remainder of the reclamation bond.
(b)
For the purposes of this section, "active work area" means that portion of the initially disturbed area necessary for production-related equipment, materials and facilities, as determined by the supervisor.
Acts 1987, ch. 257, § 3; 1989, ch. 352, § 1.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 7 - ENVIRONMENTAL PROTECTION (§§ 60-1-701 — 60-1-705) › Section 60-1-705 - Failure to perform - Forfeiture of bond - Securing performance

Upon failure of any operator to perform site protection or reclamation activities, as required by this chapter, and notice of default, if the default is not cured within a reasonable time by the operator or the surety, if any, on the operator's bond, the board shall declare the bond forfeited, collect the bond and use the proceeds for the required site protection or reclamation work. The supervisor may contract with any person or public agency to perform the reclamation work. Any portion of the bond not thus expended shall be refunded to the operator or the operator's surety if the conditions of the bond are fully satisfied. If the conditions of the bond are not fully satisfied, because the bond is a blanket bond or otherwise, the unexpended proceeds shall be held or applied in a manner to secure the performance of the remaining obligations secured by the bond. If the bond is a blanket bond and the unexpended portion is less than is required for the remaining wells covered by the bond, a supplementary bond shall be required.
Acts 1987, ch. 257, § 3.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 3 - INSPECTION OF VOLATILE OILS (§§ 60-3-101 — 60-3-115) › Section 60-3-101 - Short title

This chapter may be cited and referred to as the "Inspection of Volatile Oils Law."
Acts 1978, ch. 761, § 1; T.C.A., § 67-3201.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 3 - INSPECTION OF VOLATILE OILS (§§ 60-3-101 — 60-3-115) › Section 60-3-102 - Chapter definitions

As used in this chapter, the following words and phrases shall have the meanings ascribed herein unless the context in which used dictates otherwise:
(1)
"Commissioner" means the commissioner of revenue, or the commissioner's authorized delegate;
(2)
"Department" means the department of revenue;
(3)
"Inspector" means an employee of the petroleum tax division of the department who is designated as such; and
(4)
"Oil or substance" means any oil or substance described in §§
60-3-103
and
60-3-104
.
Acts 1978, ch. 761, § 2; T.C.A., § 67-3202.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 3 - INSPECTION OF VOLATILE OILS (§§ 60-3-101 — 60-3-115) › Section 60-3-103 - Minimum standards - Penalty for violation

(a)
It is unlawful for any person to sell or offer for sale, or to bring to rest in Tennessee for consumption, storage, sale or use, any ethanol, methanol, benzol, gasoline, burning oil, distillate, fuel oil, gas oil, kerosene, naphtha, or substitutes for any of these by whatever trade name known, reflecting a gravity of sixteen degrees (16°) or above on the American Petroleum Institute scale or a lower standard of quality than the minimum specifications for the substances published from time to time by the United States government or other recognized authority.
(b)
It is unlawful for any person or persons to distill, manufacture, or otherwise produce ethyl alcohol, methane alcohol, or other liquids to be used as a fuel or to be blended as a fuel for combustion engines or heating oil systems without denaturing such liquid no later than immediately following the distilling process by providing for flow of the liquid from the condensing apparatus into a container containing a quantity of the denaturing agent.
(c)
It is unlawful to distribute to any manufacturer, wholesaler, or retailer in this state ethyl alcohol, methane alcohol, or other liquids to be blended as a fuel for combustion engines or heating oil systems, in any container of fifty-five gallons (55 gals.) or less, unless such container is prominently labelled with the words "POISON: UNSAFE FOR HUMAN CONSUMPTION".
(d)
The denaturing agent used shall be determined by the commissioner or the commissioner's designated agent.
(e)
Each separate violation of a provision of this section is a Class C misdemeanor.
Acts 1978, ch. 761, § 3; 1980, ch. 786, § 4; 1983, ch. 144, §§ 1, 2; T.C.A., § 67-3203; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 3 - INSPECTION OF VOLATILE OILS (§§ 60-3-101 — 60-3-115) › Section 60-3-104 - Oils and substances subject to inspection

(a)
All ethanol, methanol, benzol, gasoline, burning oil, distillate, fuel oil, gas oil, kerosene, naphtha, or any other volatile substances, reflecting a gravity of sixteen degrees (16°) or above on the American Petroleum Institute scale, with the exception of those substances with a kinematic viscosity greater than seventy (70) centistokes at one hundred twenty-two degrees Fahrenheit (122° F) and a flash point greater than one hundred fifty degrees Fahrenheit (150° F), produced from petroleum, natural gas, oil shales or coal, by whatever trade name known, or substitutes therefor, or any other petroleum substances used as a substitute for or in the place of any of the substances herein enumerated sold or used or stored in this state, separately or in combination for any purpose whatever, by any user or storer, whether manufactured in this state or not, shall be subject to inspection under the general supervision of the commissioner before being sold or offered for sale or used or stored in this state.
(b)
Oils and substances subject to inspection as provided in subsection (a) may be inspected in transit while in the hands of the carrier, forwarding agent, or warehouseman. It is unlawful for any carrier, forwarding agent or warehouseman to unload or store any of the oils or substances before having the same inspected as provided in this section.
Acts 1978, ch. 761, § 4; 1980, ch. 786, § 5; T.C.A., § 67-3204.