Rules & Regulations of the State of Tennessee Title 0950 - Mineral Test Hole Board
Rules & Regulations of the State of Tennessee, Title 0950, is dedicated to the Mineral Test Hole Board. However, it's crucial to note that based on current information, all chapters under this Title (0950-01-01 through 0950-01-06) are listed as Repealed.
This means that while a "Mineral Test Hole Board" once had its own dedicated set of administrative rules under Title 0950, those specific regulations are no longer in effect under that Title.
What does this imply about the regulation of mineral test holes in Tennessee?
Even though Title 0950 has been repealed, the activity of drilling mineral test holes is still regulated in Tennessee. The responsibility for this oversight has likely been transferred to another board or division within a larger state department, primarily the Tennessee Department of Environment and Conservation (TDEC), specifically its Division of Mineral & Geologic Resources (DMGR), Mining Unit.
The regulations concerning mineral test holes are now found within the rules of the Tennessee Board of Water Quality, Oil and Gas. Specifically, you would look at TDEC Rule Chapter 0400-43-01.01 to -1-6, which are the Rules of the Water Quality, Oil and Gas Board. The relevant statutory authority for this regulation is the Mineral Test Hole Regulatory Act, Tennessee Code Annotated (TCA) § 60-1-501 to -511.
Purpose of Mineral Test Hole Regulation:
The purpose of regulating mineral test holes remains the same:
Environmental Protection: To prevent waste and protect the waters and natural resources of the state from any adverse effects associated with drilling, coring, and plugging (abandoning) mineral test holes.
Safety: Ensuring that test holes are properly drilled and abandoned to prevent hazards.
Data Collection and Reporting: Requiring permits, reporting of drilling activities, and proper plugging to maintain records of subsurface exploration.
Key Requirements (as now found under TDEC/Board of Water Quality, Oil and Gas):
Individuals or entities who drill any hole in excess of one hundred (100) feet for the purpose of exploring for minerals (excluding oil and gas) must obtain a permit. The process typically involves:
Application: Submitting a notarized application (Form CN-0695) and a Mineral Test Hole Organization Report (Form CN-0121).
Location Map: Providing a map showing planned test hole locations on topographic maps.
Bond: Furnishing evidence of an individual or blanket plugging bond to ensure proper abandonment.
Permit Fee: Paying a permit fee (e.g., $100).
Compliance: Adhering to requirements for drilling, coring, prevention of hazards and pollution, and timely reporting of work completion and plugging.
Inspections: Sites may be inspected by the Division of Mineral & Geologic Resources.
Penalties: Violations can lead to significant penalties (e.g., up to $10,000 per day per violation).
In summary, while Title 0950 for the Mineral Test Hole Board has been repealed, the regulatory functions and rules for mineral test holes are still in place and have been integrated into the responsibilities and administrative rules of the Tennessee Department of Environment and Conservation, specifically under the purview of the Board of Water Quality, Oil and Gas.
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