Tennessee § 59-8-103 - Powers of commissioner and board. [Contingent effective date, see Compiler's Notes.]

§ 59-8-103. Powers of commissioner and board. [Contingent effective date, see Compiler's Notes.]

The commissioner shall: Administer and enforce this part and rules, permits, and orders promulgated or issued under this part; Conduct and obtain investigations, research, experiments, training programs, and demonstrations; and collect and disseminate information relating to exploration, surface mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface mining for coal; Issue notices of violations, cease and desist orders, or other orders as authorized by this part, in the office or on-site, requiring the adoption by a person, operator, or permittee of remedial measures necessary for carrying out this part or permits issued under this part; Examine and either approve, modify, or disapprove applications for permits, maps, bonds, mining and reclamation plans, revegetation plans, and after-use plans submitted by applicants; Make investigations and inspections that are necessary to ensure compliance with this part, with the authority to enter at any time upon a suspected or affected area for investigations and inspections and the right of ingress and egress across intervening properties; Employ and commission qualified individuals as surface mine reclamation personnel; provided, when properly qualified and commissioned, surface mine reclamation personnel shall enforce all laws, rules, permits, and orders administered by the department, including, but not limited to, authorization to serve process; and Establish a process whereby a single set of forms and information, submitted in multiple copies to the division of water resources and the commissioner under § 59-8-106(a), shall contain sufficient mutually needed information to serve as a basic application for the permits issued by the division and the commissioner; provided, the evaluation of applications is made cooperatively, and decisions to grant or deny the permits are made simultaneously. The commissioner may: To the extent permitted by federal law and regulations, grant a continuation of an existing permit for a maximum of sixty (60) days in order for the operator to complete the mining phases of the operation; Enter into contracts or other agreements for reclamation of sites pursuant to this chapter, or to otherwise further the purposes of this part; In addition to the powers authorized to the commissioner under § 59-8-326, expend or cause to be expended money from the Tennessee surface mine reclamation fund, created by § 59-8-326, for purposes of this chapter; and Permit water impoundments when the commissioner determines that the water impoundments are in compliance with this part. The board shall: Promulgate rules to effectuate this part. The rules may take proper account of mining conditions and practices in this state and differences in topography, geology, and soil conditions, and established use patterns of neighboring lands as recognized by local or state planning agencies; Within ninety (90) days after the effective date of this part [see the Compiler's Notes], promulgate emergency rules that conform to the corresponding federal regulations promulgated under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201, et seq.); Within sixty (60) days of the promulgation, amendment, modification, repeal, or determination of invalidity of any federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201, et seq.), promulgate rules to conform the board's rules to the current federal regulation; Use emergency rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to promulgate any of the rules required by subdivisions (b)(1)(A)-(C). Prior to the expiration of rules promulgated as emergency rules, the board shall promulgate permanent rules in accordance with title 4, chapter 5, part 2; and Unless otherwise specifically authorized by this part, not promulgate a rule under this subdivision (b)(1) that imposes a requirement that is more restrictive than, or inconsistent with, any existing federal regulation promulgated under the Surface Mining Control and Reclamation Act of 1977. In any year in which the board has not promulgated rules that are substantively similar to the corresponding federal regulations because a provision of this part is more stringent than the Surface Mining Control and Reclamation Act of 1977, the board shall make a written report that identifies any state or federal law that conflicts with the pertinent state rules or federal regulations to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate prior to January 1 of the immediately succeeding year; Promulgate rules under subdivision (b)(1) for the establishment of standards for acceptable mining and reclamation of affected areas; provided, the rules are designed to achieve soil stabilization, control soil erosion, obliterate the scars of the mining operation, ensure quick revegetation, and ensure that the operation meets applicable soil and water quality standards; To the extent permitted by federal law and regulations, promulgate rules for the establishment of a process whereby the commissioner may grant a continuation of an existing permit under subdivision (a)(2)(A); and Hear appeals consistent with § 59-8-120 from mineral rights owners, permittees, operators, property owners, or other aggrieved persons who are or may be adversely affected by orders, determinations, rules, permit terms, or rulings of the commissioner that in any way affect surface coal mining and reclamation operations in this state. Acts 2018, ch. 839, § 1. Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner. Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect 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. Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund. Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]