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Tennessee Code Title 59. Mines and Mining § 59-8-103

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) The commissioner shall:

(1) Administer the programs for controlling surface coal mining operations that are required by this part and enforce this part, and rules, permits, and orders promulgated or issued under this part;

(2) Conduct and obtain investigations, research, experiments, training programs, and demonstrations, and collect and disseminate information relating to exploration, surface coal mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface coal mining;

(3) Examine and either approve, request modification of, or disapprove applications for permits, maps, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by applicants;

(4) Conduct those investigations and inspections necessary to ensure compliance with this part, including the authority to enter at any time upon a suspected affected area or an affected area for investigations and inspections and the right of ingress and egress across intervening properties;

(5) Employ and commission qualified individuals as surface coal mining personnel as provided in § 11-1-101. When properly qualified and commissioned, surface coal mining personnel shall enforce all laws, rules, permits, and orders administered by the commissioner under this part, including, but not limited to, authorization to serve process;

(6) Conduct hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and production of written or printed material as provided for in this part;

(7) Issue cease-and-desist orders and other orders as authorized by this part, in the office or on-site, requiring the adoption by a person of remedial measures necessary for carrying out this part or permits issued under this part;

(8) Order the suspension, revocation, or withholding of any permit for failure to comply with any of the provisions of this part or any rules adopted pursuant to this part;

(9)(A) Promulgate rules in accordance with title 4, chapter 5, as may be necessary to carry out the purposes of this part, including obtaining and maintaining the state's status as a regulatory authority under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.);

(B) The rules may take proper account of mining conditions and practices in this state and differences in topography, geology, and soil conditions, and established use patterns of neighboring lands as recognized by local or state planning agencies;

(C) The rules may include federal program regulations promulgated specifically for this state under 30 CFR part 942, if the commissioner determines that such regulations are necessary to carry out the purposes of this part;

(D) Unless otherwise specifically authorized by this part, no rule promulgated under this subdivision (a)(9) shall impose a requirement that is more stringent than any existing federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.);

(E) Any person may petition the commissioner to initiate a proceeding for the issuance, amendment, or repeal of a rule promulgated pursuant to this part. This subdivision (a)(9)(E), and not § 4-5-201, shall apply to rules promulgated pursuant to this part;

(i) The petition must be filed with the commissioner and must state the facts that support the issuance, amendment, or repeal of a rule promulgated pursuant to this part;

(ii) The commissioner may hold a public hearing or may conduct such investigation or proceeding as the commissioner considers appropriate in order to determine whether the petition should be granted or denied; and

(iii) Within ninety (90) days after the filing of a petition described in subdivision (a)(9)(E)(i), the commissioner shall either grant or deny the petition. If the commissioner grants the petition, the commissioner shall promptly commence rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If the commissioner denies the petition, the commissioner shall notify the petitioner in writing setting forth the reasons for the denial;

(10) Administer the program for the purchase and reclamation of abandoned and unreclaimed mined areas as provided in part 3 of this chapter; and

(11) Perform such other duties as may be provided by law and relate to the purposes of this part.

(b) The commissioner may, to effectuate the purposes of this part:

(1) Enter into contracts or other agreements; and

(2) Apply for, accept, administer, and utilize loans and grants from the federal government, state government, and from any other sources.

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Cite this article: FindLaw.com - Tennessee Code Title 59. Mines and Mining § 59-8-103 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-59-mines-and-mining/tn-code-sect-59-8-103/

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