59-8-406 - Permits generally. - Tennessee Statutes

59-8-406. Permits generally.

(a)  (1)  No operator shall engage in coal surface mining operations which affect two (2) acres or less without having first obtained from the commissioner a permit for the surface mining operation.

     (2)  All permits issued pursuant to the requirements of this part shall be issued for a term not to exceed one (1) year.

     (3)  Such permits shall be granted by the commissioner only if the requirements and criteria set forth in this part and any regulations pertaining to those requirements are satisfied; and only upon the submission by the operator and approval by the commissioner of a bond and permit fee for all acres permitted, a mining and reclamation plan, and other information as provided in this part and regulations issued pursuant to this part.

     (4)  The permit shall authorize the operator to conduct coal surface mining operations on the area described in the application and approved plan; provided, that mining, regrading, and initial seeding are completed within one (1) year of permit issuance.

(b)  The issuance of permits shall be subject to the payment of the fee and the posting of the performance bond as prescribed in this part and submission of such information necessary to assure compliance with this part as prescribed by regulations of the commissioner.

(c)  The issuance of a permit shall be subject to the submission of a copy of the written determination made by the United States office of surface mining, pursuant to 30 CFR § 700.11(c) that the proposed operation is exempt from the federal Surface Mining Control and Reclamation Act of 1977, as amended.

(d)  Information pertaining to coal seams, test borings, core samplings or soil samples required by this section shall be made available to any person with an interest which is or may be adversely affected; provided, that information which pertains only to the analysis of the chemical and physical properties of the coal (excepting information regarding any mineral or elemental content which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record.

(e)  Each applicant for a coal surface mining permit shall submit to the commissioner, as part of the permit application, a reclamation plan which shall meet the requirements of this part.

(f)  Each applicant for a coal surface mining permit shall file a copy of the complete application for public inspection with the registrar of deeds at the courthouse of the county, or an appropriate public office approved by the commissioner, where the mining is proposed to occur, except for that information referred to in subsection (d) as confidential. The application shall be filed for public review within five (5) days of application submittal to the commissioner.

(g)  (1)  Each applicant for a coal surface mining permit shall submit as part of the permit application, a certificate issued by an insurance company authorized to do business in the state of Tennessee, certifying that the applicant has a public liability insurance policy in force for the surface mining and reclamation operation for which such permit is sought, or evidence that the applicant has satisfied other state or federal self-insurance requirements.

     (2)  Such policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons damaged as a result of surface mining and reclamation operations, including the use of explosives, and entitled to compensation under the applicable provisions of state law.

     (3)  Such policy shall be maintained in full force and effect during the term of the permit including the length of all reclamation operations.

(h)  The commissioner may by rule or regulation set criteria for obtaining a permit exemption for the following:

     (1)  Extraction of coal as an incidental part of a federal, state or local government financed highway or other construction; or

     (2)  Construction operations involving less than one (1) acre in disturbance where coal removal is incidental to the purpose of the construction and not inconsistent with the purposes of this part.

(i)  An on-the-ground inspection of the proposed affected area shall be made by the commissioner before a new permit is issued.

(j)  (1)  The applicant shall submit the applicant's name, permanent address, and an address which will be used in connection with the operation covered by the permit and telephone number. The applicant shall also identify the operator and any subcontractors which will be used in connection with the operation and provide their names, permanent addresses, and telephone numbers.

     (2)  Where a corporation is identified either as an applicant, operator, or subcontractor, the applicant must also submit a certified copy of the corporate charter, a list of the board of directors and officers of the corporation and identify any person who has a controlling interest in the corporation.

     (3)  Where a partnership, sole proprietorship or other business enterprise is identified either as an applicant, operator, or subcontractor, the applicant shall submit the names and addresses of all partners or other persons with a controlling interest in the business venture.

     (4)  For purposes of this part, “controlling interest” means ownership of ten percent (10%) or more of the voting shares of, or general partnership in, an entity; any relationship which gives one (1) person the ability in fact or law to direct what the other does, or any relationship which gives one (1) person express or implied authority to determine the manner in which coal at different sites will be mined, handled, sold or disposed of.

     (5)  The applicant shall also identify any members of the applicant's same family and their relatives who have been issued a permit pursuant to this part.

(k)  The commissioner shall require all permittees to keep such records and make such reports as the commissioner may require by rule.

(l)  The authorized representatives of the commissioner, without advance notice or a search warrant, and upon presentation of appropriate credentials:

     (1)  Shall have the right of entry to, upon, or through any coal surface mining and reclamation operation or any premises in which any records required to be maintained are located; and

     (2)  May at reasonable times, and without delay, have access to and copy any records, and inspect any monitoring equipment or method of operation required under this part.

(m)  A permit shall not be issued to an applicant who has been issued another permit previously, unless and until the requirements for partial bond release have been met. No person who has forfeited a bond under this part prior to meeting requirements for partial bond release shall be issued a permit. No permit shall be issued to an applicant who identifies an operator or subcontractor pursuant to subsection (j) who has forfeited a bond under this part prior to meeting requirements for partial bond release.

[Acts 1987, ch. 251, § 10.]