59-8-205 - Permits, requirements and criteria Amendment Appeal upon failure to grant Renewal. - Tennessee Statutes

59-8-205. Permits, requirements and criteria Amendment Appeal upon failure to grant Renewal.

(a)  No operator shall engage in surface mining without having first obtained from the commissioner a permit therefor. This permit shall authorize the operator to engage in surface mining upon the area of land described in the operator's application for a period not to exceed five (5) years from the date of its issuance. Such permit shall be granted by the commissioner only if the requirements and criteria set forth in subdivisions (a)(3)-(9) and any rules and regulations pertaining to those requirements are satisfied, and only upon the submission by the operator and approval by the commissioner of a bond as provided in § 59-8-207 and a mining and reclamation plan as provided in § 59-8-208.

     (1)  The granting of such permit shall also be subject to payment by the operator of the fee prescribed in § 59-8-206 and upon submission of the following information:

          (A)  The name and permanent address of the operator as well as any temporary address to be used by the operator in connection with the operation covered by the permit. If the operator is other than an individual or corporation, the names and permanent addresses of all persons having an interest in the operation shall be listed. If the operation is a corporation, the names and permanent addresses of all persons owning ten percent (10%) or more of the stock shall be listed;

          (B)  A map showing the general location of the affected area with relation to property lines, nearby towns, county lines, public roads, and streams;

          (C)  Identification of any surface mining permit or permits which the operator (or any person having an interest in the operation) holds or has previously held in Tennessee, together with a statement of whether or not any surface mine permit previously held by applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation or revegetation requirements of such surface mining permit or permits, and a statement of whether or not any surface mine permit in any other state previously held by the applicant operator or any person, partnership, or corporation now associated with, or in the past associated with, the applicant operator was suspended, revoked or terminated for failure to comply with the reclamation and revegetation requirements of such permit and the penalty imposed, if any, in addition to such suspension, revocation or termination;

          (D)  Identification of the owner or owners or designated representative of the surface of the area affected by the permit, and the identification of the owner or owners of all surface area within five hundred feet (500¢) of any part of the area;

          (E)  Identification of the owner or owners of the minerals to be mined;

          (F)  Identification of the source of the operator's legal right to enter and mine the minerals on the land affected by the permit; and

          (G)  A copy of the operator's discharge permit from the division of water quality control, or a letter from the division of water management stating that no discharge will take place and, therefore, no permit is required.

     (2)  The commissioner may provide for amendment of the permit of any operator who is otherwise complying with the provisions of this part upon payment of the specified supplemental fee. If the application for an amendment of the permit provides for an increase or reduction in the acreage covered by it, the operator shall specify in writing any pertinent changes in the information furnished in the original application for a permit, and shall amend the bond and the mining and reclamation plan previously submitted, as necessary or appropriate to carry out the provisions of this part. The commissioner's approval of a proposed amendment of the permit shall be subject to the commissioner's approval of the revised (or a new) bond and mining and reclamation plan, and further, subject to the commissioner's determination that the amendment satisfies the requirements and criteria set forth in subdivisions (a)(3)-(9), as well as any rules and regulations pertaining to those requirements.

     (3)  An on-the-ground inspection of the proposed affected area will be made by the commissioner or the commissioner's representative before a permit is issued.

     (4)  No application for a permit shall be approved by the commissioner if there is found, on the basis of the information set forth in the application or by on-the-ground inspection, that the requirements of this part, or regulations stemming therefrom, will not or cannot be observed, or that there is probable cause to believe that the proposed method of operation, road system construction, shaping or revegetation of the affected area cannot be carried out in a manner consistent with the purpose of this part and applicable air, noise, and water quality standards of this state.

     (5)  If the commissioner finds that the overburden on any part of the area of land described in the application would be such that landslides, deposition of sediment in stream beds or water pollution cannot be strictly controlled, the commissioner shall delete such part of the land from the area for which the permit is granted.

     (6)  No permit for mining shall be granted if:

          (A)  The applicant has had a Tennessee surface mine permit revoked or suspended and the bond forfeited;

          (B)  The applicant is or was a partner in a partnership or was an officer, director or owner of ten percent (10%) or more of the stock of a corporation which has had a Tennessee surface mine permit revoked or suspended and the bond forfeited; or

          (C)  In the event that the applicant is a corporation or partnership, any partner in the partnership, or any officer, director or owner of ten percent (10%) or more of the stock of the corporation has had a Tennessee surface mine permit revoked or suspended and bond forfeited;

unless the area covered by the previously suspended or revoked permit has been completely reclaimed by the responsible operator in compliance with the provisions of this part at no cost to the state of Tennessee.

     (7)  If the commissioner finds that any part of the operation would constitute a hazard to a dwelling house, public building, school, church, cemetery, commercial or institutional building, public road, stream, lake, reservoir, water wells, officially designated scenic areas or other private or public property, the commissioner shall delete such part of the land from the area for which the permit is granted.

     (8)  The applicant for a surface mining permit shall give public notice at least one (1) day prior to the filing of an application in a newspaper of general circulation covering the county where the proposed surface mine is to be located of the applicant's intent to operate a surface mine, and its proposed location. The information to be included in the public notice shall conform to regulations issued by the commissioner. In addition, the commissioner will receive any written statements from any interested person or groups of persons, and such statements shall be taken into consideration when the commissioner makes a determination of the application. The commissioner shall then, in not less than forty-five (45) nor more than sixty (60) days from the filing of the application for a permit, either approve application or notify the operator in writing, stating in detail the reason for not approving the application. If the application is approved, the permit will be granted upon the posting of the required bond. The action on the part of the commissioner in failing to grant any permit may be appealed to the board and the courts as provided in the Tennessee Coal Surface Mining Law of 1980, compiled in part 3 of this chapter.

     (9)  Any holder of a valid surface mining permit issued pursuant to this part who wishes to continue the operation beyond the original permit expiration date shall make application for renewal within sixty (60) days prior to the expiration date of such permit, and upon meeting the requirements set forth in subdivisions (a)(1)-(9), and any rules and regulations pertaining to those requirements, the renewal shall be granted.

(b)  Permits and the associated applications, hearings, and other actions required by this section and part shall be conducted in accordance with the provisions of title 13, chapter 18 when the permit or action involves a major energy project, as defined in § 13-18-102.

[Acts 1972, ch. 547, § 5; 1974, ch. 590, §§ 3, 4; 1976, ch. 605, § 1; 1977, ch. 164, §§ 2, 4; T.C.A., § 58-1544; Acts 1980, ch. 695, § 2; 1980, ch. 908, § 40; 1981, ch. 131, § 37; 1990, ch. 890, §§ 1, 2.]