Tennessee § 59-8-114 - Inspection of surface coal mining and reclamation operations — Sign — Violations — Records and reports — Monitoring data collection and analysis. [Contingent effective date, see Compiler's Notes.]

§ 59-8-114. Inspection of surface coal mining and reclamation operations — Sign — Violations — Records and reports — Monitoring data collection and analysis. [Contingent effective date, see Compiler's Notes.]

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. The commissioner's inspections shall: 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; Occur without prior notice to the permittee or the permittee's agents or employees, except as necessary for on-site meetings with the permittee or operator; and Include the filing of inspection reports adequate to enforce the requirements of, and to carry out the terms and purposes of, this part. 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. If an inspector detects a violation of this part, the inspector shall immediately inform the operator, permittee, or person in writing and make a written report of the violation to the commissioner. The written communication and report shall not be considered a complaint issued pursuant to § 59-8-116; however, a complaint may arise from violations contained in the communication and report. Each inspector shall notify the operator or the person in charge of the mining or reclamation operation of the inspector's presence on the permitted area, unless the operator or person in charge of the operation is not reasonably available on the site during the inspection. The operator or the person in charge of the operation, or the operator's or person's designee, has the right to accompany the inspector during the inspection of the permitted area. The board shall require, by rules promulgated under § 59-8-103(b)(1), that all permittees: Establish and maintain appropriate records; Make monthly reports to the commissioner; Install, use, and maintain any necessary monitoring equipment or methods; Evaluate results in accordance with the methods, locations, intervals, and manner that the board prescribes; and Provide other information relative to surface coal mining and reclamation operations that the board deems reasonable and necessary. For surface coal mining and reclamation operations that remove or disturb strata serving as aquifers, which significantly insure hydrologic balance or water use, either on or off the mining site, the commissioner shall specify: 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; Monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the deepest coal seam to be mined; Records of well logs and borehole data to be maintained; and Monitoring sites to record precipitation. The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the board to ensure the reliability and validity of the data collection and analysis or findings derived from the data collection and analysis. The authorized representatives of the commissioner, without advance notice, and upon presentation of appropriate credentials: 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 (f) or (g) are located; and May, at reasonable times, but without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under this part. The commissioner shall make copies of any records, reports, inspection materials, or information obtained under this part immediately available to the public at convenient locations in the area of the mining. 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 operator, permittee, or person is in violation of this part or a rule promulgated by the board, or any permit condition, or complaint or cease and desist order issued under this part, the commissioner shall investigate, and, if the violation is confirmed, take appropriate action within ten (10) days; however, the commissioner shall take appropriate action immediately if proof is provided that an imminent danger of significant environmental harm exists. The identity of any person supplying information shall remain confidential, if requested by the person. When an inspection results from information provided to the commissioner by any person, the commissioner shall notify the person when the inspection is proposed to be carried out and the person shall be allowed to accompany the inspector during the inspection. Within ten (10) days of the inspection, or fifteen (15) days of the receipt of a complaint if there is no inspection, the commissioner shall send a complete report to the person who reported the information. Any person dissatisfied with the action of the commissioner may appeal 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.]