(a)

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Terms Used In Tennessee Code 59-8-105

  • applicant: means a person applying for a permit. See Tennessee Code 59-8-102
  • Commissioner: means the commissioner of environment and conservation or the commissioner's designee. See Tennessee Code 59-8-102
  • Department: means the department of environment and conservation. See Tennessee Code 59-8-102
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Operator: means any person, partnership, or corporation engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive months in any one (1) location. See Tennessee Code 59-8-102
  • Permit: means a permit to conduct surface coal mining and reclamation operations issued by the commissioner. See Tennessee Code 59-8-102
  • Person: means an individual, partnership, association, society, governmental agency or entity, joint stock company, firm, company, corporation, or other business organization. See Tennessee Code 59-8-102
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules promulgated by the commissioner.
(2) The rules for coal exploration operations shall include, but not be limited to, requirements that:

(A) Any person planning to conduct exploration operations obtain an exploration permit from the commissioner before conducting those operations;
(B) The applicant submit:

(i) A description of the exploration area and the period of supposed exploration and any other information as the commissioner may require in the permit application; and
(ii) A fee as established by rule and a performance bond or other financial assurance in an amount at least as much as is necessary to reclaim the proposed disturbance as described in subdivision (a)(2)(C); and
(C) Reclamation in accordance with the performance standards in § 59-8-110 of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment.
(b) Any person who conducts any coal exploration activities that substantially disturb the natural land surface in violation of this part or rules promulgated pursuant to this part is subject to the penalties in § 59-8-117.
(c) No operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the commissioner.
(d) Information submitted to the department and the commissioner pursuant to this section as confidential trade secrets or privileged commercial or financial information, which relates to the competitive rights of the person or entity intended to explore the described area, is not available for public examination under title 10, chapter 7.
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