Tennessee § 59-8-129 Immediate conformance with statutes and rules - Federal permittees

Tennessee Statutes

§ 59-8-129 — Immediate conformance with statutes and rules - Federal permittees

Tennessee § 59-8-129

Title59

This text of Tennessee § 59-8-129 (Immediate conformance with statutes and rules - Federal permittees) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 59-8-129 (2026).

Text

(a)Except as provided in subsection (b), irrespective of the date of issuance of a permit, all permittees shall immediately conform to any statutes enacted relative to surface coal mining and reclamation operations in this state, or rules adopted pursuant to those statutes, on the effective date of such statutes and rules.

(b)Permits issued pursuant to the federal program shall be valid under this part; provided, the federal permittee shall have the right to apply for a permit under this part to supersede the permit issued pursuant to the federal program. The commissioner may review such permits to determine that the requirements of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.) and this part and rules promulgated pursuant to this part are not violated

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(a) Except as provided in subsection (b), irrespective of the date of issuance of a permit, all permittees shall immediately conform to any statutes enacted relative to surface coal mining and reclamation operations in this state, or rules adopted pursuant to those statutes, on the effective date of such statutes and rules. (b) Permits issued pursuant to the federal program shall be valid under this part; provided, the federal permittee shall have the right to apply for a permit under this part to supersede the permit issued pursuant to the federal program. The commissioner may review such permits to determine that the requirements of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. § 1201 et seq.) and this part and rules promulgated pursuant to this part are not violated. Should this part or rules promulgated pursuant to this part contain additional requirements not contained in the federal program, the permittee will be provided opportunity for hearing and a reasonable time, within a time limit prescribed in rules promulgated by the commissioner, to conform ongoing surface mining and reclamation operations to the additional state requirements.

Legislative History

Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021. Added by 2018 Tenn. Acts, ch. 839, s 1, eff. 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.