(a) Except as provided in subsection (b), irrespective of the date of issuance of a permit, all permittees shall immediately conform to any statutes enacted relative to surface coal mining and reclamation operations in this state, or rules adopted pursuant to those statutes, on the effective date of such statutes and rules.

Terms Used In Tennessee Code 59-8-129

  • Commissioner: means the commissioner of environment and conservation or the commissioner's designee. 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
  • 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
  • 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
(b) Permits issued pursuant to the federal program shall be valid under this part; provided, the federal permittee shall have the right to apply for a permit under this part to supersede the permit issued pursuant to the federal program. The commissioner may review such permits to determine that the requirements of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) and this part and rules promulgated pursuant to this part are not violated. Should this part or rules promulgated pursuant to this part contain additional requirements not contained in the federal program, the permittee will be provided opportunity for hearing and a reasonable time, within a time limit prescribed in rules promulgated by the commissioner, to conform ongoing surface mining and reclamation operations to the additional state requirements.
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