2021 Tennessee Code
Title 59 - Mines and Mining

§ 59-4-205. Notice of Revocation — Certification to Secretary of State — Surrender of Certificate — Penalty for Failure to Surrender - If the certificate is revoked, the holder of such certificate...

§ 59-4-206. Lost Certificates — Copies - In case of the loss or destruction of a certificate,...

§ 59-4-207. Penalty for Forging or Falsifying Certificates - Any person who forges or counterfeits a certificate, or knowingly...

Part 3 - Mine Foremen

§ 59-4-302. Mine Foreman Is Agent or Representative of Operator or Owner - The mine foreman is expressly declared to be the agent...

§ 59-4-303. Foreman to Give Notice of Accidental Death — Inquest — Notice of Fire or Explosion - Whenever loss of life occurs by accident or explosion, the...

Part 4 - Miscellaneous Provisions

§ 59-4-401. Reports Required of Owners, Superintendents or Foremen - It is the further duty of every owner, lessee of...

§ 59-4-402. Rules and Regulations - The commissioner is authorized to promulgate rules and regulations to...

§ 59-4-403. Mine Safety Training Programs — Fee - The department of labor and workforce development is authorized to...

Chapter 8 - Strip and Open Pit Mines

Part 1 - Primacy and Reclamation Act of Tennessee [Contingent Effective Date, See Compiler's notes.]

§ 59-8-101. Short Title. [Contingent Effective Date, See Compiler's notes.] - This part shall be known and may be cited as...

§ 59-8-102. Part Definitions. [Contingent Effective Date, See Compiler's notes.] - As used in this part, unless the context otherwise requires:...

§ 59-8-126. Promulgation of Rules Requiring Training, Examination, and Certification of Persons Engaging In, or Directly Responsible For, Blasting or Use of Explosives. [Contingent Effective Date, See Compiler's notes.] - The board shall promulgate rules under § 59-8-103(b)(1) to require...

§ 59-8-127. Department Employee Prohibited From Having Financial Interest in Underground Coal Mining Operation or Surface Coal Mining and Reclamation Operation. [Contingent Effective Date, See Compiler's notes.] - No employee of the department performing any function or duty...

§ 59-8-128. Part Ancillary and Supplemental to Other State Laws. [Contingent Effective Date, See Compiler's notes.] - This part does not operate to repeal or affect any...

§ 59-8-130. Compliance by Agency, Unit, or Instrumentality of State, Federal, or Local Government. [Contingent Effective Date, See Compiler's notes.] - Any agency, unit, or instrumentality of state, federal, or local...

§ 59-8-131. Hearing Involving Major Energy Project. [Contingent Effective Date, See Compiler's notes.] - Any hearing required by this part shall be conducted in...

§ 59-8-134. Report Required for Revenues Generated From Fees. [Contingent Effective Date, See Compiler's notes.] - On or before the January 1 occurring two (2) years...

Part 2 - Tennessee Mineral Surface Mining Law of 1972

§ 59-8-201. Short Title - This part shall be known and may be cited as...

§ 59-8-202. Definitions. [See Contingent Amendment to Subdivision (3) and Compiler’s notes.] - Except as otherwise required by the context, the following terms...

§ 59-8-203. Purpose of Act - The general assembly finds that the unregulated surface mining of...

§ 59-8-204. Powers of the Commissioner - The commissioner shall exercise the following authority and powers to:

§ 59-8-205. Permits, Requirements and Criteria — Amendment — Appeal Upon Failure to Grant — Renewal - unless the area covered by the previously suspended or revoked...

§ 59-8-206. Fees - The permit shall consist of a basic fee of two...

§ 59-8-210. Annual Report to Be Filed With Commissioner - Within such time as the commissioner shall prescribe, the operator...

§ 59-8-212. Tennessee Surface Mine Reclamation Fund — Other Available Funds. [Current Version. See Second Version of Section and Compiler's notes.] - All sums received through the payment of fees or the...

§ 59-8-212. Tennessee Surface Mine Reclamation Fund — Other Available Funds. [Contingent Amendment. See First Version of Section and Compiler's notes.] - All sums received through the payment of fees or the...

§ 59-8-214. Right of Access - The designees of the commissioner and any other agency and...

§ 59-8-216. Commissioner's Power to Effect Reclamation Subject to Availability of Funds - The commissioner shall have the power to backfill, grade, plant...

§ 59-8-224. Supplemental Nature of Part - This part shall not operate to repeal or affect any...

§ 59-8-225. Immediate Conformity to Statutes or Regulations Required - Irrespective of date of issuance of a permit, all operators...

§ 59-8-226. Sanctions Applicable Only to Mines in Violation - It is the intent of this part, and it is...

§ 59-8-227. [reserved.] - Notwithstanding any law to the contrary, any exploration for minerals...

Part 3 - Tennessee Coal Surface Mining Law of 1980

§ 59-8-301. State's Power to Acquire and Reclaim Land Disturbed by Past Mining - then, upon giving notice by mail to the owners if...

§ 59-8-302. Liens - NOTICE OF LIEN UNDER TENNESSEE COAL SURFACE MINING LAW OF...

§ 59-8-304. Definitions for §§ 59-8-304 — 59-8-309. [See Contingent Amendment to Subdivision (1) and the Compiler’s notes.] - As used in §§ 59-8-304 — 59-8-309, unless the context...

§ 59-8-307. When Permits Required - Any person who mines more than twenty-five (25) tons of...

§ 59-8-308. Commissioner and Personnel — Powers - The commissioner shall have the authority to:

§ 59-8-309. Rules and Regulations - All rules and regulations promulgated and now in force for...

Part 4 - Coal Surface Mining Act of 1987

§ 59-8-401. Short Title - This part shall be known and cited as the “Coal...

§ 59-8-403. Part Definitions. [See Contingent Amendment to Subdivision (2) and Compiler’s notes.] - As used in this part, unless the context otherwise requires:...

§ 59-8-404. Commissioner's Powers Generally - In addition to the specific powers and authority granted elsewhere...

§ 59-8-409. Action on Permit Applications - Upon the basis of a complete mining application and reclamation...

§ 59-8-410. Permit Approval — Required Findings - No permit application shall be approved unless the applicant affirmatively...

§ 59-8-411. Public Notice and Review — Appeal From Commissioner's Decision. [See Contingent Amendment to Subdivision (C)(2) and the Compiler’s notes.] - [Current version. See second version for contingent amendment and Compiler's...

§ 59-8-413. Inspections. [See Contingent Amendment to Subdivision (E)(5) and Compiler’s notes.] - [Current version. See second version for contingent amendment and Compiler's...

§ 59-8-414. Release of Bond. [See Contingent Amendment to Subsection (B) and the Compiler’s notes.] - [Current version. See second version for contingent amendment and Compiler's...

§ 59-8-416. Permit Revocation and Bond Forfeiture Proceedings. [See Contingent Amendment to Subdivision (F)(1) and the Compiler’s notes.] - [Contingent amendment. See the Compiler's Notes.] Any person, who is...

§ 59-8-417. Civil Actions. [See Contingent Amendment to Subdivision (B)(1) and the Compiler’s notes.] - [Contingent amendment. See the Compiler's Notes.] The commissioner may bring...

§ 59-8-420. Publicly Owned Mining Operations - Any agency, unit, or instrumentality of state, federal, or local...

§ 59-8-421. Section 66-5-102 Unaffected - Nothing in this part shall be construed to limit or...

Chapter 10 - Interstate Mining Compact

§ 59-10-101. Interstate Mining Compact - The Interstate Mining Compact is hereby enacted into law and...

§ 59-10-102. Board of Reclamation Review to Be Advisory Body. [Current Version. See Second Version of Section and the Compiler's notes.] - The Tennessee board of water quality, oil, and gas [See...

§ 59-10-102. Board of Reclamation Review to Be Advisory Body. [Contingent Amendment. See First Version of Section and the Compiler's notes.] - The Tennessee board of energy and natural resources, created by...

§ 59-10-103. Commission Bylaws to Be Filed With State Officers - In accordance with Article V(i) of the compact, the commission...

§ 59-10-104. Commissioner of Environment and Conservation or Designee to Be Official Representative of Governor - The commissioner of environment and conservation, or the commissioner's designee,...

Chapter 11 - Weighing of Coal and Minerals

§ 59-11-102. Recordkeeping — Disputes — Settlement - It shall be a further duty of such checkweigher or...

§ 59-11-103. Improper Weighing or Measuring — Penalty - Any weigher, agent, or checkmeasurer, whether employed by operators or...

§ 59-11-104. Payment of Checkweigher - When miners of coal or other minerals in this state...

§ 59-11-105. Failure to Withhold Wages — Liability — Penalty - Upon failure of any operator, company or firm to comply...

Chapter 13 - Coal Cooperative Marketing Associations

§ 59-13-101. Short Title - This chapter shall be known and may be cited as...

§ 59-13-102. Legislative Intent - In order to promote, foster and encourage the intelligent and...

§ 59-13-103. Chapter Definitions - As used in this chapter, the following definitions shall have...

§ 59-13-104. Creation of Associations - Seven (7) or more persons, a majority of whom are...

§ 59-13-105. Purposes - An association may be organized to engage in any activity...

§ 59-13-106. Communications Regarding Probable Success - Every group of persons contemplating the organization of an association...

§ 59-13-107. Powers and Duties - Each association incorporated under this chapter shall have the following...

§ 59-13-109. Articles of Incorporation — Directors — Stock - Each association formed under this chapter must prepare and file...

§ 59-13-110. Stock — Common and Preferred - The capital stock may be divided into preferred and common...

§ 59-13-111. Articles of Incorporation — Subscription and Acknowledgment — Copies — Evidence - The articles must be subscribed by the incorporators and acknowledged;...

§ 59-13-113. Bylaws - Each association incorporated under this chapter must, within thirty (30)...

§ 59-13-114. Meetings - In its bylaws, each association shall provide for one (1)...

§ 59-13-115. Board of Directors - The affairs of the association shall be managed by a...

§ 59-13-116. Compensation of Officers and Directors - An association may provide a fair remuneration for the time...

§ 59-13-117. Contracts and Positions of Directors — Prohibitions - No director, during the term of the director's office, shall...

§ 59-13-118. Executive Committee - The bylaws may provide for an executive committee and may...

§ 59-13-119. Vacancies on Board - When a vacancy on the board of directors occurs, a...

§ 59-13-120. Election of Officers - The directors shall elect from their number a president and...

§ 59-13-121. Surety Bonds - Every officer, employee, and agent handling funds or negotiable instruments...

§ 59-13-122. Certificates of Membership - When a member of an association established without capital stock...

§ 59-13-123. Conditions of Issuing Stock - No association shall issue stock to a member until it...

§ 59-13-124. Liability of Members - No member shall be liable for the debts of the...

§ 59-13-125. Number of Votes of Members or Stockholders - No member or stockholder shall be entitled to more than...

§ 59-13-126. Preferred Stock - Any association organized with stock under this chapter may issue...

§ 59-13-127. Prohibited Transfer of Common Stock - The bylaws shall prohibit the transfer of the common stock...

§ 59-13-128. Purchase of Common Stock by Association - The association may, at any time, as specified in the...

§ 59-13-129. Removal of Officers or Directors - Any member may bring charges against an officer or director...

§ 59-13-130. Referral of Policy to Membership - Upon demand of two thirds (2/3) of the entire board...

§ 59-13-131. Marketing Contracts — Sales to or Through Associations - The association through its board of directors may bid for...

§ 59-13-133. Use of Preferred Stock to Discharge Obligations - Whenever an association, organized pursuant to this chapter with preferred...

§ 59-13-134. Reports - Each association formed under this chapter shall prepare an annual...

§ 59-13-135. Interests in Other Corporations - An association may organize, form, operate, own, control, have an...

§ 59-13-136. Interests in Warehousing Corporations - If such corporations are warehousing corporations, they may issue legal...

§ 59-13-137. Permissible Contracts and Agreements - Any association may, upon resolution adopted by its board of...

§ 59-13-138. Out-of-State Corporations - Any corporation or association organized under generally similar laws of...

§ 59-13-139. Restraint of Trade — Monopolies - No association organized pursuant to this chapter and complying with...

§ 59-13-141. Combinations — Amendment of Preexisting Charters - Corporations not for profit, of this class, heretofore organized under...

§ 59-13-142. Exemption for Subsidiaries - All corporations organized as subsidiaries and controlled by any coal...

§ 59-13-143. Applicability of Existing Exemptions - Any exemptions whatsoever under all existing laws applying to coal...

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2021 Tennessee Code Title 59 - Mines and Mining

2021 Tennessee Code
Title 59 - Mines and Mining