59-8-204 - Powers of the commissioner. - Tennessee Statutes

59-8-204. Powers of the commissioner.

The commissioner shall exercise the following authority and powers to:

     (1)  Administer and enforce the provisions of this part and all rules and regulations and orders promulgated thereunder;

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

     (3)  Adopt, after giving public notice and affording an opportunity to all interested persons to appear and offer evidence at a public hearing in connection therewith, general rules and regulations pertaining to surface mining to accomplish the purposes of this part. Such rules and regulations, which shall have the force and effect of law, shall be of uniform application as far as practicable, but they may take proper account of differences in topography, geology, and soil conditions, and established use patterns of neighboring lands as recognized by the local planning agency;

     (4)  Adopt, without notice or hearing, rules and regulations with respect to procedural aspects of hearings, the filing of reports and orders, the issuance of permits, and other procedural matters;

     (5)  Issue orders requiring the adoption by an operator of remedial measures necessary for carrying out the provisions of this part or rules and regulations issued thereunder;

     (6)  Examine and approve or disapprove applications for permits, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by operators;

     (7)  Establish standards for acceptable mining and reclamation of affected areas which shall be designed to achieve soil stabilization, control soil erosion, and obliterate the scars of the stripping operation and ensure that the operation meets applicable soil and water quality standards;

     (8)  Make such investigations or inspections as the commissioner may deem necessary to ensure compliance with any provisions of this part, including the right to enter at any time upon an area affected for such purposes and the right to ingress and egress across intervening properties;

     (9)  Order the suspension and/or revocation after warning of any permit for failure to comply with any of the provisions of this part or with any rules, regulations or orders adopted pursuant thereto;

     (10)  Order the immediate cessation of any operation that is started or continued without a permit as required by the provisions of this part;

     (11)  Issue, after notice and an opportunity for a hearing, special rules and regulations in connection with granting a permit to an operator where the sole purpose of the operation covered by such permit is to remove overburden for the purpose of determining the location, quality or quantity of a natural mineral deposit. Such rules and regulations shall be, insofar as practical, in compliance with the requirements of this part that pertain to the granting of a mining permit so that a map, mining plan, reclamation and vegetation plan and bond are required. The commissioner shall deny such permits for areas which cannot be granted a general permit under the provisions of this part;

     (12)  Institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the commissioner in carrying out the provisions of this part; and

     (13)  Issue regulations concerning blasting which are designed to protect the water resource, prevent off-site damage to citizens and property, and prevent spoil from being thrown off of the permitted area where no spoil placement is permitted by the approved reclamation plan.

[Acts 1972, ch. 547, § 4; 1974, ch. 590, § 9; 1977, ch. 34, § 1; T.C.A., § 58-1543; Acts 1980, ch. 908, § 39.]