Tennessee § 59-8-113 - Revision of permit — Transfer, assignment, or sale prohibited without approval. [Contingent effective date, see Compiler's Notes.]

§ 59-8-113. Revision of permit — Transfer, assignment, or sale prohibited without approval. [Contingent effective date, see Compiler's Notes.]

During the term of the permit, the permittee may submit to the commissioner an application for a revision of the permit, together with a revised reclamation plan. The commissioner may also require the revision of a permit or a mining or reclamation plan if the present plan is inadequate to protect the public and the environment consistent with this part. The commissioner shall not approve an application for a revision of a permit unless the commissioner finds that the revision meets all the standards of this part and the board's rules. The board shall establish, by rules promulgated under § 59-8-103(b)(1), guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, apply. Any revisions that propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements. The permittee may modify the approved mining and reclamation plan by submitting a modification of the mining and reclamation plan to the department for approval if: The surface coal mining operations or reclamation operations actually conducted by the permittee or operator meet the standards of this part and the board's rules, but do not conform with the mining and reclamation plan on file with the department; and The deviations do not constitute a significant departure from the method of conduct of surface coal mining and reclamation operations approved by the commissioner. The commissioner shall approve the modification upon finding that the modification meets all the standards of this part and the board's rules. No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this part shall be made without the commissioner's written approval. In addition to any other review required by federal law or regulations, the commissioner shall, within one (1) year after the effective date of this part, review outstanding surface coal mining and reclamation operation permits. The commissioner may require reasonable revision or modification of the permit provisions during the term of the permit; provided, that the revision or modification is based upon a written finding and subject to notice and hearing requirements and the board's rules, and may be appealed as provided in § 59-8-120. 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.]