Tenn. Code § 59-8-105

Current through Acts 2023-2024, ch. 1069
Section 59-8-105 - Rules for coal exploration operations
(a)
(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.

T.C.A. § 59-8-105

Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.
Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.