As used in this part, unless the context otherwise requires:
Surface operations and surface impacts incident to an underground coal mine that are subject to § 59-8-111;
The areas upon which the activities described in subdivision (21)(A) occur or where the activities disturb the natural land surface. “Areas” include:
Any adjacent land, the use of which is incidental to any of the activities described in subdivision (21)(A);
All lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of any of the activities described in subdivision (21)(A) and for haulage; however, maintained public roads are not “areas”; and
Excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to any of the activities described in subdivision (21)(A); and
“Unwarranted failure to comply” means the failure of a person, operator, or permittee to prevent the occurrence of any violation of a permit or any requirement of this part due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of a permit or this part due to indifference, lack of diligence, or lack of reasonable care.
Structure 2021 Tennessee Code