Section 0400-42-02-.02 - TIME OF FILING AND AMOUNT OF PERFORMANCE BOND(1) The bond shall not be filed with the application. The operator shall state on his application the name of his corporate surety. The amount of the bond, surety or cash, shall not be less than six hundred dollars ($600) for the mining of any mineral other than coal, and not less than one thousand dollars ($1,000) for the mining of coal, for each estimated acre, or fraction thereof, to be affected by the respective operation.(2) However, in those counties requiring a performance bond of two thousand dollars ($2,000) or more per acre, the operator may at his own option present evidence of such bond to the Commissioner in lieu of filing a bond with the Commissioner. The Commissioner may in his discretion accept such evidence of the existence of such a performance bond in lieu of a bond filed with the Commissioner. However, if the bond is released by county authorities prior to such time as the Commissioner would normally release all or part of it, the Commissioner may require a new performance bond to be filed as required by this rule.(3) No performance bond shall be charged for land upon which overburden is deposited, if, in the opinion of the Commissioner, the deposition of such overburden amounts to reclamation of a previously mined area.Tenn. Comp. R. & Regs. 0400-42-02-.02
Original rule filed August 2, 2012; effective October 31, 2012. Rule renumbered from 0400-03-02.Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.