(a) The commissioner shall make inspections of any surface coal mining and reclamation operation that are necessary to determine whether the operation is in compliance with this part, and all rules promulgated and permits issued pursuant to this part, and has a right of entry to, upon, or through any surface coal mining and reclamation operation in order to conduct the inspections.
Terms Used In Tennessee Code 59-8-114
Commissioner: means the commissioner of environment and conservation or the commissioner's designee. 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
Permit: means a permit to conduct surface coal mining and reclamation operations issued by the commissioner. 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
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
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
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
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
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) For the purposes of administering and enforcing any permit under this part, adequately developing a regulatory program, or determining whether any person is in violation of any requirement of this part or any other requirement of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.):
(1) The commissioner shall require any permittee to:
(A) Establish and maintain appropriate records;(B) Make monthly reports to the commissioner;(C) Install, use, and maintain any necessary monitoring equipment or methods;(D) Evaluate results in accordance with the methods, at such locations, intervals, and manner that the commissioner prescribes; and(E) Provide other information relative to surface coal mining and reclamation operations that the commissioner deems reasonable and necessary.(2) For surface coal mining and reclamation operations that remove or disturb strata serving as aquifers, which significantly ensure the hydrologic balance of water use, either on or off the mining site, the commissioner shall specify those:
(A) Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence;(B) Monitoring sites to record level, amount, and samples of groundwater and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined;(C) Records of well logs and borehole data to be maintained; and(D) Monitoring sites to record precipitation.(c) The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the commissioner to assure their reliability and validity.(d) The authorized representatives of the commissioner, without advance notice, and upon presentation of appropriate credentials:
(1) Have the right of entry to, upon, or through any surface coal mining and reclamation operation or any premises in which any records required to be maintained under subsection (b) are located; and(2) May, at reasonable times, and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under this part.(e) The commissioner’s inspections shall:
(1) Occur on an irregular basis, averaging not less than one (1) partial inspection per month and one (1) complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit;(2) Occur without prior notice to the permittee or the permittee’s agents or employees, except as necessary for on-site meetings with the permittee; and(3) Include the filing of inspection reports adequate to enforce the requirements of, and to carry out the terms and purposes of, this part.(f) Each permittee shall conspicuously maintain at the entrances to each surface coal mining and reclamation operation, a clearly visible sign that states the name, business address, and telephone number of the permittee and the permit number of the surface coal mining and reclamation operation.(g) If an inspector detects a violation of this part, the inspector shall immediately inform the operator in writing and make a written report of the violation to the commissioner.(h) The commissioner shall make copies of any records, reports, inspection materials, or information obtained under this part immediately available to the public at central and sufficient locations in the county, multicounty, and state area of mining so that they are conveniently available to residents in the areas of mining.(i)(1) Any person who is or may be adversely affected by a surface mining operation may notify the commissioner or any representative of the commissioner responsible for conducting the inspection, in writing, of any violation of this part which the person has reason to believe exists at the surface mining site. The commissioner shall, by rule, establish procedures for informal review of any refusal by a representative of the commissioner to issue a citation with respect to any such alleged violation. The commissioner shall furnish such persons requesting the review a written statement of the reasons for the commissioner’s final disposition of the case.(2) The commissioner shall also, by rule, establish procedures to ensure that adequate and complete inspections are made. Any such person may notify the commissioner of any failure to make such inspections, after which the commissioner shall determine whether adequate and complete inspections have been made. The commissioner shall furnish such persons a written statement of the reasons for the commissioner’s determination that adequate and complete inspections have or have not been conducted.
