Tenn. Comp. R. & Regs. 0400-43-01-.01

Current through October 22, 2024

Section 0400-43-01-.01 - DEFINITIONS

As used in this chapter, unless the context clearly requires otherwise:

(1) "Act" means the Mineral Test Hole Regulatory Act, T.C.A. Title 60, Chapter 1, Part 5.

(2) "Board" means the Tennessee Board of Water Quality, Oil and Gas.

(3) "Department" means the Tennessee Department of Environment and Conservation.

(4) "Mineral" means any substance with economic value whether organic or inorganic that can be extracted from the earth, but excluding oil and gas.

(5) "Mineral test hole" or "test hole" means any hole in excess of one hundred (100) feet drilled during the exploration for minerals but excludes auger drilling in surficial or otherwise unconsolidated material, drilling in conjunction with mining or quarrying operations (i.e., blast holes), and drill holes for the exploration of oil and/or gas, water, structural foundations, and seismic surveys.

(6) "Natural brine" means naturally occurring mineralized water other than potable or fresh water.

(7) "Operator" means the person, whether owner or not, supervising or responsible for drilling, operating, repairing, abandoning or plugging of test holes subject to this chapter.

(8) "Owner" means the person who has or attains the right to drill, convert or operate any test hole subject to this chapter.

(9) "Person" means any individual, corporation, company, association, joint venture, partnership, receiver, trustee, guardian, executor, administrator, personal representative or private organization of any kind.

(10) "Pollution" means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of the waters, soils, animal, fish and aquatic life or surface property of this state, as will:

(a) Result or will likely result in harm, potential harm, or detriment to the public health, safety, or welfare;

(b) Result or will likely result in harm, potential harm, or detriment to the health of animals, birds, fish or aquatic life;

(c) Render or will likely render the waters, soils, animal, fish and aquatic life or surface property substantially less useful for domestic municipal, industrial, agricultural, recreational, or other reasonable uses; or

(d) Leave or will likely leave the waters in such condition as to violate any standards of water quality established by the Board.

(11) "Supervisor" means the Commissioner of the Tennessee Department of Environment and Conservation or the Commissioner's designee.

Tenn. Comp. R. & Regs. 0400-43-01-.01

Original rules filed January 4, 2017; effective 4/4/2017.

Authority: T.C.A. §§ 4-5-201 et seq. and 60-1-501 et seq.