59-8-402 - Legislative findings and intent. - Tennessee Statutes

59-8-402. Legislative findings and intent.

(a)  The purpose of this part is to establish a regulatory program which will allow coal surface mining as defined herein for operations which are exempt from the jurisdiction of the federal Surface Mining Control and Reclamation Act of 1977, compiled in 30 U.S.C. § 1201, et seq. consistent with adequate environmental safeguards; except this part is not intended to regulate coal surface mining operations where less than twenty-five (25) tons of coal are removed within twelve (12) successive calendar months in any one (1) location regardless of the size of the area affected.

(b)  The general assembly finds that although the surface mining of coal on operations disturbing two (2) surface acres or less within the state of Tennessee provides a significant present source of energy and employment, the proper control of surface mining of coal, so as to minimize or prevent adverse disruptions and the injurious effects thereof, requires thorough planning in selection of appropriate coal surface mining sites, methods of coal surface mining and the nature and extent of reclamation; consideration of the impact of coal surface mining upon the ecology and land use of surrounding areas as well as upon the disturbed land of the coal surface mining site; and the incorporation and use of control techniques and reclamation actions as an integral and simultaneous part of coal surface mining.

(c)  To the extent that the federal government defines or redefines its jurisdiction over coal surface mining operations within the scope of this part, it is the intention of the general assembly that the program substantially comply with the federal definitions.

[Acts 1987, ch. 251, § 6.]