§ 59-8-101 Short title – Legislative findings and declarations – Purpose
§ 59-8-102 Part definitions
§ 59-8-103 Duties of commissioner
§ 59-8-104 Severability
§ 59-8-105 Rules for coal exploration operations
§ 59-8-106 Permits for engaging in surface coal mining operations
§ 59-8-107 Fees
§ 59-8-108 Performance bonds
§ 59-8-109 Reclamation plan
§ 59-8-110 General performance standards for surface coal mining and reclamation operations – Grant of permit without regard to requirement to restore to approximate original contour – Performance standards applicable to steep-slope surface coal mining – Variances
§ 59-8-111 Requirements to conduct underground coal mining operations – Promulgation of rules – Requirements for operator – Suspension of underground coal mining
§ 59-8-112 Advertisement of ownership, precise location, and boundaries of land to be affected by permit – Notification by commissioner – Written objections to proposed permit – Informal conference – Grant, requirement of modification, or denial of application – Per
§ 59-8-113 Application for revision of permit – Approval required for transfer, assignment, or sale of rights granted under permit Review of outstanding surface coal mining and reclamation operation permits
§ 59-8-114 Inspections of surface coal mining and reclamation operations – Monitoring data collection and analysis
§ 59-8-115 Request for release of all or part of performance bond or deposit
§ 59-8-116 Inspection of surface coal mining operation at which alleged violation is occurring – Notice of violation – Abatement of violation – Cessation order – Suspension or revocation of permit
§ 59-8-117 Civil penalties, fines, and imprisonment
§ 59-8-118 Civil action for relief
§ 59-8-119 Civil action to compel compliance
§ 59-8-120 Application for review of notice or order – Investigation and hearing – Request for temporary relief
§ 59-8-121 Judicial review of final order or determination
§ 59-8-122 Protection of interest in water resources affected by mining operation – Replacement of water supply – Repair or compensation for subsidence damage
§ 59-8-123 Authorized departures from environmental protection performance standards
§ 59-8-124 Effect of part on Section 66-5-102
§ 59-8-125 Designation of area as unsuitable for certain types of surface coal mining and reclamation operations
§ 59-8-126 Promulgation of rules for persons engaging in, or directly responsible for, blasting or use of explosives in surface coal mining operations
§ 59-8-127 Department employees prohibited from having financial interest in underground coal mining operation or surface coal mining and reclamation operation
§ 59-8-128 Effect of part on state law and authority of state agency
§ 59-8-129 Immediate conformance with statutes and rules – Federal permittees
§ 59-8-130 Compliance with part by governmental entity
§ 59-8-131 Prohibited discharge or discrimination of employee or representative of employees
§ 59-8-132 Coal mining protection fund
§ 59-8-133 Postponement of efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations
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Terms Used In Tennessee Code > Title 59 > Chapter 8 > Part 1 - Primacy and Reclamation Act of Tennessee

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Alluvial valley floors: means the unconsolidated stream laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas that are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation, and windblown deposits. See Tennessee Code 59-8-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • applicant: means a person applying for a permit. See Tennessee Code 59-8-102
  • Approximate original contour: means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining, and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. 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
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of environment and conservation. See Tennessee Code 59-8-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal lands: means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian land. See Tennessee Code 59-8-102
  • Federal program: means a program established by the secretary pursuant to 30 U. See Tennessee Code 59-8-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Imminent danger to the health and safety of the public: means the existence of any condition or practice, or any violation of a permit or other requirement of this part in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation could be abated. See Tennessee Code 59-8-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Lands eligible for remining: means those lands that would otherwise be eligible for expenditures under 30 U. See Tennessee Code 59-8-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Locality: means the county where all or the majority of a surface coal mining and reclamation operation is located. See Tennessee Code 59-8-102
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the office of surface mining reclamation and enforcement, established by the Surface Mining Control and Reclamation Act of 1977 (30 U. See Tennessee Code 59-8-102
  • 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
  • Other minerals: means clay, stone, sand, gravel, metalliferous and nonmetalliferous ores, and any other solid material or substances of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and those minerals that occur naturally in liquid or gaseous form. See Tennessee Code 59-8-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Permit: means a permit to conduct surface coal mining and reclamation operations issued by the commissioner. See Tennessee Code 59-8-102
  • Permit area: means the area of land indicated on the approved map submitted by the operator with the operator's application, which area of land is covered by the operator's bond as required by §. See Tennessee Code 59-8-102
  • Permittee: means a person holding, or required by this part or rules promulgated by the commissioner to hold, a permit. 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Reclamation plan: means a plan submitted by an applicant for a permit under §. See Tennessee Code 59-8-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Secretary: means the secretary of the interior. See Tennessee Code 59-8-102
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Surface coal mining and reclamation operations: means surface coal mining operations and all activities necessary and incident to the reclamation of surface coal mining operations occurring on and after May 26, 2021. See Tennessee Code 59-8-102
  • Surface coal mining operations: means :
    (A) Activities conducted on the surface of lands in connection with a surface coal mine or subject to §. See Tennessee Code 59-8-102
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Venue: The geographical location in which a case is tried.
  • willfully: means that a person acted:
    (A) Intentionally, voluntarily, or consciously. 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
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105