Section 0400-44-01-.04 - DEFINITIONSWhen used in this Chapter the following terms have the meanings given below:
(1) "Adverse effects" means those effects of coal mining practices which are harmful to human health, safety, general welfare or the environment.(2) "Extreme danger" means a condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed.(3) "Public facilities" means publicly owned utilities, roads, recreation and conservation facilities or any other such publicly owned facilities which provide a service or commodity to the general public.(4) "Publicly owned land" means any land which is financed by public funds and managed for the benefit or use of the general public.(5) "Research and demonstration project" means any projects relating to the development of surface mining reclamation and water quality control program methods and techniques.(6) "Restoration" means the act of putting something into a prior condition or as near that prior condition as possible.(7) "Eligible lands and waters" means lands and waters eligible for reclamation under this program (whether on private, state or federal property) are defined as follows: (a) Lands and water are eligible for reclamation activities if:1.(i) They were mined or affected by mining operations which occurred prior to August 3,1977, and were left or abandoned in either an unreclaimed or inadequately reclaimed condition; and(ii) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal Government. Bond forfeiture will render lands or water ineligible to the extent that the amount collected under the forfeiture is sufficient to pay the total cost of the necessary reclamation. In cases where the amount collected under the forfeited bond is insufficient to pay the total cost of reclamation, the additional funding necessary may be sought under the provisions of 30 CFR 886 and 888; or2. Notwithstanding part 1 of this subparagraph, coal lands and waters in Tennessee damaged and abandoned after August 3, 1977, by coal mining processes are also eligible if the Commissioner of the Department of Environment and Conservation finds in writing that: (i) The mining occurred and the site was left in an unreclaimed or inadequately reclaimed condition between: (I) August 4, 1977 and August 10, 1982, and that any funds for reclamation or abatement that are available pursuant to a bond or other form of guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or(II) August 4, 1977 and November 5, 1990, and that the surety of the mining operator became insolvent during such period and that, as of November 5, 1990, funds immediately available from proceedings relating to such insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site.(b) Lands and water which were mined or affected by mining for minerals and materials other than coal shall be eligible for reclamation activities under a State Reclamation Program if the Director finds in writing that -1. The conditions of subparagraph (a) of this paragraph have been met;2. The reclamation has been requested by the Governor; and3. Moneys allocated to the State or Indian tribe under 872.12(b)(2) and (3) are available for the work. (30 CFR 872.13) Tenn. Comp. R. & Regs. 0400-44-01-.04
Original rule filed April 9, 2013; effective July 8, 2013. Rule renumbered from0400-01-24.Authority: T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.