Tennessee § 59-8-413 - Inspections. [See contingent amendment to subdivision (e)(5) and Compiler’s Notes.]

§ 59-8-413. Inspections. [See contingent amendment to subdivision (e)(5) and Compiler’s Notes.]

The commissioner shall cause to be made such inspections of any coal surface mining and reclamation operations as are necessary to evaluate the administration of the program or to determine whether such operation is in compliance with this part and all regulations and permits issued pursuant to this part, and for such purposes authorized representatives of the commissioner shall have a right of entry to, upon, or through any coal surface mining and reclamation operation, and/or exploratory operation. The inspections shall be conducted in such manner and frequency as prescribed in regulations promulgated by the commissioner, and no requirement for a search warrant shall be imposed. Any person conducting coal surface mining operations in this state is put on notice that such frequent unannounced warrantless searches will be conducted for the purpose of carrying out this part. Each permittee shall conspicuously maintain at the entrances to each coal surface mining and reclamation operation, a clearly visible sign which sets forth the name, business address, and telephone number of the permittee, and the permit number of the coal surface mining and reclamation operations. Each inspector, upon detection of each violation of any requirement of this part or any regulation or permit issued pursuant to this part, shall immediately inform the operator in writing and shall report in writing any such violation to the commissioner. Whenever on the basis of any information available to the commissioner, including receipt of information from any person, the commissioner has reason to believe that any person is in violation of any requirement of this part, regulation issued pursuant to this part, or any permit, condition, order, or notice of noncompliance issued under this part, the commissioner shall investigate, and if the violation is confirmed, take appropriate action within ten (10) days (or immediately if proof is provided that an imminent substantial danger exists). The identity of any person supplying information shall remain confidential if requested by such person. When an inspection results from information provided to the commissioner by any person, the commissioner shall notify such person when the inspection is proposed to be carried out, and such person shall be allowed to accompany the inspector during the inspection; provided, however, that any person so accompanying the inspector shall comply with all state and federal safety requirements. Within ten (10) days of the inspection or fifteen (15) days of the complaint if there is no inspection, the commissioner shall send a complete report to the complainant. [Current version. See second version for contingent amendment and Compiler's Notes.] Any person dissatisfied with the action of the commissioner may appeal to the Tennessee board of water quality, oil, and gas [See the Compiler's Notes] as provided in [former] § 59-8-321 [repealed. See the Compiler's Notes]. [Contingent amendment. See the Compiler's Notes.] Any person dissatisfied with the action of the commissioner may appeal to the board. Acts 1987, ch. 251, § 17; 2018, ch. 839, § 9. Compiler's Notes. Former § 59-8-321 , referred to in this section, concerning the former board of reclamation review, was repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board created by § 69-3-104 , by Acts 1991, ch. 117, § 4. The former water quality control board, created by § 69-3-104 , was terminated by Acts 2012, ch. 986, § 26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by § 69-3-104. 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 amended this section, shall take effect, including for purposes of rulemaking, upon the deposit of federal funds in the Coal Mining Protection Fund. Amendments. The 2018 amendment substituted “board” for “Tennessee board of water quality, oil, and gas as provided in former § 59-8-321 ” in (e)(5). Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.] Cross-References. Confidentiality of public records, § 10-7-504 .