Amends TCA Title 13, Chapter 7; Section 54-1-128; Title 59 and Title 69, Chapter 3, Part 1.
This bill provides that local or regional zoning or planning regulations or other local restrictions, rules, regulations, or laws that explicitly or implicitly limit the owner's or operator's ability to reclaim the site, do not apply to reclamation of any formerly operating borrow excavation, surface mining operation, or quarry, including a limestone quarry, that agrees to receive fill or borrow material from state highway construction projects; provided, that the fill work: (1) Complies with the requirements of the Water Quality Control Act of 1977; (2) Is not located on a street or road currently operating below level of service "C," or is located on a street or road that would be reduced below level of service "C" by traffic generated by the reclamation operation; and (3) In all other ways satisfies the state's rules and regulations applicable to the fill activity.
This bill provides that local or regional zoning or planning regulations or other local restrictions, rules, regulations, or laws that explicitly or implicitly limit the owner's or operator's ability to reclaim the site, do not apply to reclamation of any formerly operating borrow excavation, surface mining operation, or quarry, including a limestone quarry, that agrees to receive fill or borrow material from state highway construction projects; provided, that the fill work: (1) Complies with the requirements of the Water Quality Control Act of 1977; (2) Is not located on a street or road currently operating below level of service "C," or is located on a street or road that would be reduced below level of service "C" by traffic generated by the reclamation operation; and (3) In all other ways satisfies the state's rules and regulations applicable to the fill activity.
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