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.
"Department" means the Tennessee Department of Environment and
(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
(9) "Person" means any
individual, corporation, company, association, joint venture, partnership,
receiver, trustee, guardian, executor, administrator, personal representative
or private organization of any kind.
"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
(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
means the Commissioner of the Tennessee Department of Environment and
Conservation or the Commissioner's designee.