reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 2 - CERTIFICATION (§§ 59-4-201 — 59-4-208) › Section 59-4-202 - Reports to secretary of state - Certification of applicants

The commissioner of labor and workforce development shall report the commissioner's action to the secretary of state and shall certify to the qualifications of each applicant who satisfactorily passed the examination.
Acts 1915, ch. 169, § 13; Shan., § 3079a102; Code 1932, § 5585; Acts 1953, ch. 86, § 25 (Williams, §§ 5585, 5638.25); T.C.A. (orig. ed.), § 58-405; Acts 1992, ch. 574, § 6; 1999, ch. 520, § 43.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 2 - CERTIFICATION (§§ 59-4-201 — 59-4-208) › Section 59-4-203 - Contents of certificate - Record by secretary of state

The certificate shall contain the full name, age, social security number, and place of birth of the applicant; also the length and nature of the applicant's previous experience in and about coal and other mines; and the secretary of state shall, without cost, keep a record in the secretary of state's office of all certificates issued.
Acts 1915, ch. 169, § 14; Shan., § 3079a105; Code 1932, § 5588; Acts 1953, ch. 86, § 28 (Williams, §§ 5588, 5638.28); T.C.A. (orig. ed.), § 58-406; Acts 1985, ch. 288, § 26.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 2 - CERTIFICATION (§§ 59-4-201 — 59-4-208) › Section 59-4-204 - Revocation of certificate

(a)
The commissioner of labor and workforce development or the commissioner's authorized representative may, upon a written complaint, investigate a mine foreman to whom a certificate has been issued under this chapter, and may revoke a mine foreman certificate upon a finding that the holder has been guilty of incompetence in the performance of the holder's duties or for any cause for which issuance of a certificate could have been refused had it been known to the commissioner or the commissioner's authorized representative at the time of issuance; provided, that a holder of a certificate shall be given ten (10) days notice from the commissioner or the commissioner's authorized representative to appear before the commissioner or the commissioner's authorized representative to show cause why such certificate should not be revoked.
(b)
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs the conduct of all proceedings before the commissioner or the commissioner's authorized representative in the revocation of mine foreman certificates.
Acts 1915, ch. 13, § 4; 1915, ch. 169, § 13; Shan., § 3079a103; Code 1932, § 5586; Acts 1953, ch. 86, § 26 (Williams, §§ 5586, 5638.26); T.C.A. (orig. ed.), § 58-407; Acts 1985, ch. 288, § 27; 1992, ch. 574, §§ 7, 8; 1999, ch. 520, § 43.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 2 - CERTIFICATION (§§ 59-4-201 — 59-4-208) › Section 59-4-205 - Notice of revocation - Certification to secretary of state - Surrender of certificate - Penalty for failure to surrender

If the certificate is revoked, the holder of such certificate and the employer of the holder shall each be notified of such revocation, and the department of labor and workforce development shall immediately certify the same to the secretary of state, who shall record the revocation upon a book containing copies of certificates issued, and the holder of the certificate shall immediately surrender the revoked certificate to the department of labor and workforce development, to be turned over to the secretary of state for cancellation. A holder of a revoked certificate who fails or refuses to surrender it is guilty of a Class C misdemeanor.
Acts 1915, ch. 169, § 13; Shan., § 3079a104; mod. Code 1932, § 5587; Acts 1953, ch. 86, § 27 (Williams, §§ 5587, 5638.27); T.C.A. (orig. ed.), § 58-408; Acts 1985, ch. 288, §§ 28, 29; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 2 - CERTIFICATION (§§ 59-4-201 — 59-4-208) › Section 59-4-206 - Lost certificates - Copies

In case of the loss or destruction of a certificate, the secretary of state may supply a copy thereof to the person losing same upon the payment of fifty cents (50¢); provided, that it shall be shown to the satisfaction of the secretary of state that the loss has actually occurred and the loser was a holder of such certificate.
Acts 1915, ch. 169, § 16; Shan., § 3079a108; mod. Code 1932, § 5591; Acts 1953, ch. 86, § 30 (Williams, §§ 5591, 5638.30); T.C.A., (orig. ed.), § 58-409.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 2 - CERTIFICATION (§§ 59-4-201 — 59-4-208) › Section 59-4-207 - Penalty for forging or falsifying certificates

Any person who forges or counterfeits a certificate, or knowingly makes or causes to be made any false statement in any certificate or in any official copy of the same, or urges and influences others to do so, or utters or uses any such false certificate or unofficial copy thereof, or makes, gives, utters, produces, or makes use of any false declaration, representation, or statement in any such certificate or copy thereof, or any document containing same, is guilty of a Class C misdemeanor.
Acts 1915, ch. 169, § 17; Shan., § 3079a109; Code 1932, § 5592; Acts 1953, ch. 86, § 31 (Williams §§ 5592, 5638.31); T.C.A. (orig. ed.), § 58-410; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 2 - CERTIFICATION (§§ 59-4-201 — 59-4-208) › Section 59-4-208 - Registration and certification requirements for mine foremen

(a)
(1)
It is unlawful for any person to act as mine foreman unless the person is registered as holder of a certificate of competency as required by this chapter.
(2)
It is unlawful for an individual, partnership, firm, or corporation operating a mine or mines in this state to employ any person in the capacity of mine foreman unless the person is registered as a holder of such certificate of competency.
(b)
(1)
Each mine foreman employed at an underground coal mine shall possess a Class "A" mine foreman certificate.
(2)
Each mine foreman employed at an open pit mine, metal mine, or preparation plant shall possess a Class "C" mine foreman certificate.
Acts 1915, ch. 169, §§ 12, 15, 18; Shan., §§ 3079a98, 3079a107, 3079a110; Code 1932, §§ 5581, 5590, 5593; Acts 1947, ch. 217, § 2; C. Supp. 1950, § 5581; Acts 1951, ch. 245, § 12 (Williams, § 5551); Acts 1953, ch. 86, § 14 (Williams, § 5638.14); modified; T.C.A. (orig. ed.), § 58-411; Acts 1985, ch. 288, § 30.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 3 - MINE FOREMEN (§§ 59-4-301 — 59-4-303) › Section 59-4-301 - Qualifications and duties of mine foreman - Penalty for failure to comply with laws

(a)
In order to protect the health and safety of persons employed in or around mines and the mine property, the operator or superintendent shall employ a competent and practical overseer of each and every mine whose title shall be "mine foreman."
(b)
The foreman shall be certified as hereinbefore required in this chapter, and shall see that the applicable federal and state safety and health standards, regulations, and laws are complied with. Where it is necessary that the mine foreman be temporarily absent from the mine, the foreman shall place the mine in charge of a qualified assistant during such absence.
(c)
(1)
As used in this section:
(A)
"Mining site" means all mines and the surrounding property used in mining operations; and
(B)
"Qualified assistant" means a person who is designated by the owner or operator to ensure that all legal, safety, and compliance standards are enforced.
(2)
A qualified assistant shall have the ability, training, knowledge, and experience to ensure compliance with all legally imposed safety standards.
(3)
A qualified assistant must be able to effectively communicate legally imposed safety standards to all persons present at the mining site.
(4)
A qualified assistant shall have the same authority as the foreman when the foreman is not present at the mining site.
(5)
A qualified assistant shall not be considered an agent or representative of the owner or operator for the purposes of §
59-4-302
.
(6)
More than one (1) person may be designated as a qualified assistant, if circumstances or logistics related to the mining site so require.
(7)
(A)
The designation by the owner or operator of a qualified assistant shall be in writing and specify the beginning and end dates of the designation.
(B)
The written designation required under subdivision (c)(7)(A) shall be prominently displayed at the office of the foreman on site, or displayed in such a manner that persons present at the mining site have actual notice of the designation.
(d)
Failure of the mine foreman to comply with the duties set forth herein is a Class B misdemeanor.
Amended by 2017 Tenn. Acts, ch. 356,s 2, eff. 5/11/2017.
Acts 1915, ch. 169, § 19; Shan., §§ 3079a111, 3079a118; Code 1932, §§ 5594, 5601; Acts 1949, ch. 190, § 6; C. Supp. 1950, § 5594; Acts 1951, ch. 245, § 13 (Williams, § 5552); Acts 1953, ch. 86, § 15 (Williams, § 5638.15); T.C.A. (orig. ed.), § 58-412; Acts 1985, ch. 288, §§ 31, 32; 1989, ch. 591, § 112.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 3 - MINE FOREMEN (§§ 59-4-301 — 59-4-303) › Section 59-4-302 - Mine foreman is agent or representative of operator or owner

The mine foreman is expressly declared to be the agent or representative of the operator or owner of the mine in the discharge of the duties required of such foreman by this title.
Acts 1915, ch. 169, § 19; Shan., § 3079a117; Code 1932, § 5600; Acts 1953, ch. 86, § 32 (Williams, §§ 5600, 5638.32); T.C.A. (orig. ed.), § 58-413.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 3 - MINE FOREMEN (§§ 59-4-301 — 59-4-303) › Section 59-4-303 - Foreman to give notice of accidental death - Inquest - Notice of fire or explosion

Whenever loss of life occurs by accident or explosion, the superintendent or foreman in charge shall give immediate notice to the department of labor and workforce development and to the coroner of the county in which the mine is situated. The coroner shall hold an inquest upon the body of the person whose death has been caused, and inquire carefully into the cause thereof, and shall return the findings and all testimony to the department. The company shall immediately notify the department upon the discovery of fire or explosion in any mine.
Acts 1915, ch. 169, § 24; Shan., § 3079a139; Acts 1917, ch. 111; Code 1932, § 5622; Acts 1943, ch. 143, § 1; C. Supp. 1950, § 5622; Acts 1953, ch. 86, § 18 (Williams, §§ 5622, 5638.18); T.C.A. (orig. ed.), § 58-414; Acts 1985, ch. 288, §§ 33-35.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 59-4-401 — 59-4-403) › Section 59-4-401 - Reports required of owners, superintendents or foremen

It is the further duty of every owner, lessee of any coal lands, superintendent, or foreman to report the facts in the following cases promptly, to the department of labor and workforce development:
(1)
Any change in the name of any mine or any owner, agent, manager, superintendent, foreman (including, in the case of commercial coal mines, any change in assistant foreman or the officers of any company) which owns and operates a mine in this state;
(2)
Any working commenced for the purpose of opening a new shaft, slope, or mine;
(3)
Where any mine is abandoned or the working thereof is discontinued indefinitely;
(4)
Where the working of any mine is recommenced after any abandonment or discontinuance for a period of two (2) months;
(5)
Every lost-time accident in a mine other than a commercial coal mine, whether it results in death or not; and
(6)
Every accident of any nature to a person in a commercial coal mine, whether it results in death or not.
Acts 1915, ch. 169, § 24; 1917, ch. 111; Shan., § 3079a141; Code 1932, § 5624; Acts 1951, ch. 245, § 16 (Williams, § 5555); Acts 1953, ch. 86, § 16 (Williams, § 5638.16); modified; T.C.A. (orig. ed.), § 58-415; Acts 1985, ch. 288, §§ 36-38.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 59-4-401 — 59-4-403) › Section 59-4-402 - Rules and regulations

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this chapter and chapter 12 of this title. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1992, ch. 574, § 9.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 4 - CERTIFICATION AND DUTIES OF MINE EMPLOYEES (§§ 59-4-101 — 59-4-403) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 59-4-401 — 59-4-403) › Section 59-4-403 - Mine safety training programs - Fee

The department of labor and workforce development is authorized to organize and conduct mine safety training programs for the mining industry in Tennessee. The department is authorized to charge a fee sufficient to defray the costs of administering this chapter, but not to exceed three hundred fifty dollars ($350) for each training class consisting of up to ten (10) participants and fifteen dollars ($15.00) per additional participant.
Acts 2000, ch. 810, § 2.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-104 - Severability

If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are declared to be severable.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-105 - Rules for coal exploration operations

(a)
(1)
Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules promulgated by the commissioner.
(2)
The rules for coal exploration operations shall include, but not be limited to, requirements that:
(A)
Any person planning to conduct exploration operations obtain an exploration permit from the commissioner before conducting those operations;
(B)
The applicant submit:
(i)
A description of the exploration area and the period of supposed exploration and any other information as the commissioner may require in the permit application; and
(ii)
A fee as established by rule and a performance bond or other financial assurance in an amount at least as much as is necessary to reclaim the proposed disturbance as described in subdivision (a)(2)(C); and
(C)
Reclamation in accordance with the performance standards in §
59-8-110
of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment.
(b)
Any person who conducts any coal exploration activities that substantially disturb the natural land surface in violation of this part or rules promulgated pursuant to this part is subject to the penalties in §
59-8-117
.
(c)
No operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the commissioner.
(d)
Information submitted to the department and the commissioner pursuant to this section as confidential trade secrets or privileged commercial or financial information, which relates to the competitive rights of the person or entity intended to explore the described area, is not available for public examination under title 10, chapter 7.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-113 - Application for revision of permit - Approval required for transfer, assignment, or sale of rights granted under permit Review of outstanding surface coal mining and reclamation operation permits

(a)
(1)
During the term of the permit, the permittee may submit to the commissioner an application for a revision of the permit, together with a revised reclamation plan. The commissioner may also require the revision of a permit or a mining or reclamation plan if the present plan is inadequate to protect the public and the environment consistent with this part subject to the requirements of subdivision (a)(2).
(2)
The commissioner shall not approve an application for a revision of a permit unless the commissioner finds that the revision meets all the standards of this part and the commissioner's rules including that reclamation as required by the Surface Mining Control and Reclamation Act of 1977 (
30 U.S.C. § 1201
et seq.) and this part can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by the commissioner. The commissioner shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, apply. Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
(3)
Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.
(b)
No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this part shall be made without the commissioner's written approval.
(c)
In addition to any other review required by federal law or regulations, the commissioner shall, within a time limit prescribed in rules promulgated by the commissioner, review outstanding surface coal mining and reclamation operation permits. The commissioner may require reasonable revision or modification of the permit provisions during the term of the permit; provided, that the revision or modification is based upon a written finding and subject to notice and hearing requirements established by the commissioner.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-118 - Civil action for relief

(a)
The commissioner may request the attorney general and reporter to institute a civil action for relief against any permittee including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for the action shall be in the chancery court in the county where the surface mining operation is located or in which the permittee has its principal office, whenever the permittee or the permittee's agent:
(1)
Violates or fails or refuses to comply with any order or decision issued by the commissioner under this part;
(2)
Interferes with, hinders, or delays the commissioner in carrying out the provisions of this part;
(3)
Refuses to admit the commissioner to a surface coal mining and reclamation operation;
(4)
Refuses to permit inspection of a surface coal mining and reclamation operation by the commissioner;
(5)
Refuses to furnish any information or report requested by the commissioner in furtherance of this part;
(6)
Refuses to permit access to, and copying of, records that the commissioner determines to be necessary in carrying out this part; or
(7)
Violates or threatens to violate any other provision of this part, the rules promulgated pursuant to this part, or conditions of a permit issued pursuant to this part.
(b)
The court has jurisdiction to provide any relief as may be appropriate. Any relief granted by the court to enforce an order under this subsection (b) shall continue in effect until the completion or final termination of all proceedings for review of that order under this part unless, before that time, the court granting the relief sets it aside or modifies it.
(c)
Nothing in this section eliminates any additional enforcement rights or procedures that are available under state law to a state agency, but are not specifically enumerated in this section.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-121 - Judicial review of final order or determination

(a)
(1)
Any final order or determination by the commissioner in a contested case proceeding under this part, including a civil penalty proceeding, or as otherwise provided in this part, is subject to judicial review on or before thirty (30) days from the date of such order or decision, and venue and jurisdiction for such action shall be in Davidson County chancery court or the chancery court in the county where the surface mining operation is located. In the case of a proceeding to review an order or decision issued by the commissioner under §
59-8-117
, the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment.
(2)
The court shall hear such petition or complaint solely on the record made before the commissioner. The findings of the commissioner, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the commissioner for such further action as it may direct.
(b)
In the case of a proceeding to review any order or decision issued by the commissioner under this part, including an order or decision pertaining to any order for cessation of surface coal mining and reclamation operations, the court may, under such conditions as it may prescribe, grant any temporary relief that it deems appropriate pending a final determination of the proceedings if:
(1)
All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
(2)
The person requesting relief shows that there is a substantial likelihood that that person will prevail on the merits of the final determination of the proceeding; and
(3)
The relief requested will not adversely affect the public health or safety or cause significant, imminent environmental harm to land, air, or water resources.
(c)
The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the commissioner.
(d)
Except as provided in §
59-8-119
, the availability of judicial review under this section shall not limit any rights established under §
59-8-119
.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-122 - Protection of interest in water resources affected by mining operation - Replacement of water supply - Repair or compensation for subsidence damage

(a)
Nothing in this part affects the right of any person to enforce or protect, under applicable law, that person's interest in water resources affected by a mining operation.
(b)
The permittee or operator of a surface coal mine shall replace the water supply of an owner of an interest in real property who obtains all or part of that owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source when the water supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation.
(c)
(1)
Underground coal mining operations conducted in this state after October 24, 1992, shall:
(A)
Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or noncommercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or noncommercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto, or noncommercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancelable premium-prepaid insurance policy; and
(B)
Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations.
(2)
Nothing in this subsection (c) prohibits or interrupts underground coal mining operations.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-123 - Authorized departures from environmental protection performance standards

(a)
In order to encourage advances in surface coal mining and reclamation practices, or to allow post-mining land use for industrial, commercial, residential, or public use, including recreational facilities, the commissioner, with the approval of the secretary, may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under this part.
(b)
The departures may be authorized if:
(1)
The experimental practices are potentially more environmentally protective, or at least as protective, during and after mining operations, as those required by promulgated standards;
(2)
The mining operations approved for a particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and
(3)
The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-124 - Effect of part on Section 66-5-102

Nothing in this part limits or invalidates §
66-5-102
.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-126 - Promulgation of rules for persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations

The commissioner shall promulgate rules to require the training, examination, and certification of persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-127 - Department employees prohibited from having financial interest in underground coal mining operation or surface coal mining and reclamation operation

No employee of the department performing any function or duty under this part shall have a direct or indirect financial interest in any underground coal mining operation or surface coal mining and reclamation operation. The commissioner shall promulgate rules to establish methods by which this section shall be monitored and enforced, including appropriate provisions for the filing by any employees and the review of statements and supplements to such statements concerning any financial interest which may be affected by this section.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-128 - Effect of part on state law and authority of state agency

(a)
This part does not operate to repeal, supersede, amend, or modify any of the laws of this state relating to the pollution of the air or waters, or any environment and conservation or mining laws, or any rules promulgated pursuant to such laws, but shall be held and construed as ancillary and supplemental thereto. Such laws include, but are not limited to:
(1)
The Tennessee Air Quality Act, compiled in §§
68-201-101
- 68-201-121;
(2)
The Tennessee Solid Waste Disposal Act, compiled in §§
68-211-101
- 68-211-124;
(3)
The Water Quality Control Act of 1977, compiled in §§
69-3-101
- 69-3-148; and
(4)
Chapters 1 and 4 of this title.
(b)
Nothing in this part affects the authority of any agency of this state under other provisions of law to include in any lease, license, permit, contract, or other instrument such conditions as may be appropriate to regulate surface coal mining and reclamation operations on land under their jurisdiction.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-129 - Immediate conformance with statutes and rules - Federal permittees

(a)
Except as provided in subsection (b), irrespective of the date of issuance of a permit, all permittees shall immediately conform to any statutes enacted relative to surface coal mining and reclamation operations in this state, or rules adopted pursuant to those statutes, on the effective date of such statutes and rules.
(b)
Permits issued pursuant to the federal program shall be valid under this part; provided, the federal permittee shall have the right to apply for a permit under this part to supersede the permit issued pursuant to the federal program. The commissioner may review such permits to determine that the requirements of the Surface Mining Control and Reclamation Act of 1977 (
30 U.S.C. § 1201
et seq.) and this part and rules promulgated pursuant to this part are not violated. Should this part or rules promulgated pursuant to this part contain additional requirements not contained in the federal program, the permittee will be provided opportunity for hearing and a reasonable time, within a time limit prescribed in rules promulgated by the commissioner, to conform ongoing surface mining and reclamation operations to the additional state requirements.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-130 - Compliance with part by governmental entity

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, that proposes to engage in exploration or mining operations that are subject to this part, shall comply with this part.
Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-132 - Coal mining protection fund

(a)
There is created a segregated account within the state treasury to be known as the "coal mining protection fund."
(b)
The fund shall be administered by the commissioner. Unless otherwise provided by this part, all fees, penalties, bond forfeitures and damages collected by the commissioner pursuant to this part and monies received as provided in §
67-7-110
, shall be deposited by the state treasurer into the coal mining protection fund, created in subsection (a), and shall be used by the commissioner to defray expenses necessary to administer this part including administration and enforcement of the requirements of this part; provided, however, that:
(1)
Penalties shall be segregated in a separate account in the fund to be expended by the commissioner primarily for activities supporting the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977, and for conducting and obtaining investigations, research, experiments, training programs, and demonstrations; and collecting and disseminating 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; and
(2)
Bond forfeitures shall be segregated in a separate account in the fund and shall be available to the commissioner for expenditure for the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977; provided, that the proceeds from the forfeiture of any bond shall first be used to the extent required in completing reclamation of the area with respect to which the bond was posted.
(c)
Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to §
9-4-603
. Unexpended and unobligated funds remaining in the fund at the end of any fiscal year shall not revert to the general fund but shall remain available for the purposes set forth in this part. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.
Added by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133) › Section 59-8-133 - Postponement of efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations

(a)
Notwithstanding a law to the contrary, the state shall postpone efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 (
30 U.S.C. § 1201
et seq.) until the commissioner notifies the speaker of the senate and the speaker of the house of representatives that the commissioner has determined that:
(1)
The surface coal mining industry in this state is fiscally self-sufficient to support a state-operated program, with revenues from fees and taxes generated from the industry anticipated to meet required expenditures, using data from the report required by subsection (c); and
(2)
This state has allocated monies sufficient to address actual and potential liabilities resulting from insufficient bonding relative to surface coal mining and reclamation operations.
(b)
During the period of postponement pursuant to subsection (a), the department shall consult with the Tennessee Mining Association regarding the status of surface coal mining and reclamation operations in this state. The department of environment and conservation shall notify the department of revenue when any application for primacy is submitted.
(c)
By July 1, 2024, and each July 1 thereafter until July 1, 2028, the department shall submit a report to the speaker of the senate and the speaker of the house of representatives containing data on:
(1)
The tonnage of coal severed from the ground in surface coal mining and reclamation operations in this state during the prior fiscal year; and
(2)
The amount of projected revenue from acreage fees, severance taxes, permit fees, and amendment fees that would have been required by state law if the state had exclusive jurisdiction over surface coal mining and reclamation operations in this state during the prior fiscal year.
(d)
If, by July 1, 2028, the commissioner has not notified the speaker of the senate and the speaker of the house of representatives pursuant to subsection (a), any obligation of this state to seek to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 (
30 U.S.C. § 1201
et seq.) terminates.
Added by 2023 Tenn. Acts, ch. 401, s 16, eff. 5/11/2023.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 2 - TENNESSEE MINERAL SURFACE MINING LAW OF 1972 (§§ 59-8-201 — 59-8-228) › Section 59-8-201 - Short title

This part shall be known and may be cited as the "Tennessee Mineral Surface Mining Law of 1972."
Acts 1972, ch. 547, § 1; T.C.A. (orig. ed.), § 58-1540; Acts 1980, ch. 908, § 37.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 2 - TENNESSEE MINERAL SURFACE MINING LAW OF 1972 (§§ 59-8-201 — 59-8-228) › Section 59-8-203 - Purpose of act

The general assembly finds that the unregulated surface mining of minerals can cause soil erosion and landslides, stream pollution, and accumulation and seepage of contaminated water; contributes to floods; impairs the value of land for agricultural or other purposes; affects fish and wildlife and their habitats; counteracts efforts for the conservation of soil, water and other natural resources; impairs the owners' rights in neighboring property; creates fire hazards; and in general creates conditions inimical to life, property and the public welfare so as to require the exercise of the state's police power in the regulation of surface mining. The general assembly further finds that there are wide variations in the circumstances and conditions surrounding and arising out of the surface mining of minerals due primarily to differences in topographical, geological, and soil conditions, by reason of which it is necessary, in order to provide the most effective, beneficial and equitable solution to the problem, that broad discretion be placed in the authority designated to administer and enforce the regulatory provisions enacted by the general assembly. It is the purpose of this part, therefore, to provide for such regulation and control of surface mining so as to minimize its injurious effects.
Acts 1972, ch. 547, § 3; T.C.A., § 58-1542.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421) › Part 2 - TENNESSEE MINERAL SURFACE MINING LAW OF 1972 (§§ 59-8-201 — 59-8-228) › Section 59-8-206 - Fees

The permit shall consist of a basic fee of two hundred fifty dollars ($250) for each year of the permit, plus an additional acreage fee of twenty-five dollars ($25.00) for each acre or fraction thereof of the land affected by the operation, not to exceed two thousand five hundred dollars ($2,500) for such acreage fee, but in subsequent years no acreage fee will be charged for any acre on which the acreage fee has already been paid in the preceding years. No permit fee shall be charged for land upon which overburden is deposited if, in the opinion of the commissioner, the deposition of such overburden amounts to reclamation of a previously mined area. The supplemental basic fee for an amendment of a permit shall be fifty dollars ($50.00), and to the extent the amendment entails an increase or decrease in the acreage covered by the permit, the total acreage fee paid for the year shall be correspondingly increased or decreased by the amount per acre or fraction thereof specified hereinabove.
Acts 1972, ch. 547, § 6; 1974, ch. 590, § 11; T.C.A., § 58-1545; Acts 1980, ch. 908, § 41; 1990, ch. 890, § 3.