Commissioner's Powers Generally

  1. Law
  2. Tennessee Code
  3. Mines and Mining
  4. Strip and Open Pit Mines
  5. Coal Surface Mining Act of 1987
  6. Commissioner's Powers Generally

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In addition to the specific powers and authority granted elsewhere in this chapter, the commissioner shall have the following authority and powers to:

  1. Administer and enforce this part and its regulations, permits and orders authorized and promulgated pursuant thereto;
  2. Conduct and obtain investigations, research, experiments, training programs and demonstrations, and to 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;
  3. Promulgate regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2;
  4. Issue notices of noncompliance, cease orders, or other orders in the office or on-site, as are authorized by this part requiring the adoption by an operator of remedial measures necessary for carrying out this part or regulations, or permits, issued pursuant to this part;
  5. Examine, and approve, modify, or disapprove, applications for permits, maps, bonds, mining and reclamation plans submitted by operators;
  6. Establish by regulation standards for acceptable mining and reclamation of affected areas, which shall be 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;
  7. Make such investigations or inspections as are necessary to insure compliance with this part, including the right to enter at any time upon a suspected or affected area for such purposes and the right of ingress and egress across intervening properties;
  8. Employ and commission qualified persons as surface mine personnel. When properly qualified and commissioned, such personnel shall be vested with such authority as is necessary to enforce all laws, regulations, and permits administered by the department, including the issuance of service of process, and shall have the right to carry firearms or other arms while on duty;
  9. Enter into contracts or other agreements for reclamation of sites pursuant to this chapter, or to otherwise further the purposes of this part;
  10. Expend or cause to be expended money from the surface mining reclamation fund for purposes of this chapter; and
  11. Establish a process whereby a single set of forms and information may be submitted in multiple copies to the division of water pollution control, containing sufficient mutually needed information to serve as a basic application for such agencies, so that evaluation of applications shall be made cooperatively, and decisions to grant or deny these permits shall be made simultaneously.


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