Tennessee § 59-8-118 - Civil action for relief — Action to enforce order. [Contingent effective date, see Compiler's Notes.]

§ 59-8-118. Civil action for relief — Action to enforce order. [Contingent effective date, see Compiler's Notes.]

Notwithstanding § 20-4-101(a) to the contrary, the commissioner may request the attorney general and reporter to institute a civil action for relief against any operator, permittee, or person or the operator's, permittee's, or person's agent, including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for the action shall be in the Davidson County chancery or circuit court or the chancery or circuit court in the district where the surface mining operation is located, whenever the operator, permittee, person, or agent: Violates or fails or refuses to comply with any cease and desist order issued by the commissioner under this part; Interferes with, hinders, or delays the commissioner in carrying out the provisions of this part; Refuses to admit the commissioner to a surface coal mining and reclamation operation; Refuses to permit inspection of a coal mine by the commissioner; Refuses to furnish any information or report requested by the commissioner in furtherance of this part; Refuses to permit access to, and copying of, records that the commissioner determines to be necessary in carrying out this part; or Violates or threatens to violate this part, the board's rules, or a permit issued under this part, or violates or threatens to violate any cease and desist order or determination issued pursuant to this part. A court that is presiding over a civil action initiated under subdivision (a)(1) shall provide the relief that is appropriate. The commissioner may bring an action to enforce a cease and desist order issued under this part if an appeal of the order is not requested in a timely manner and the order has not been complied with. In an action to enforce a cease and desist order, all findings of fact contained in the order and complaint are deemed to be final and not subject to review except as to receipt of notice of the order; provided, the defendant may proffer evidence of compliance with the cease and desist order. The commissioner may also bring an action to enforce any order made by the commissioner, which has become final either by the failure of any person to appeal the commissioner's order or by an appellate court's decision against any person who fails to comply with a final order. In these suits, the commissioner's decision shall not be subject to challenge as to matters of fact; provided, the defendant may present evidence showing compliance with the commissioner's order. Notwithstanding § 20-4-101(a) to the contrary, any action for a permanent or temporary injunction, restraining order, or any other relief brought by the commissioner shall be filed in, and venue and jurisdiction for the action shall be in, the Davidson County chancery or circuit court, or the chancery or circuit court in the district where the surface mining operation is located, in which all or a part of the violation is or is about to occur, in the name of the department by the district attorney general or by the attorney general and reporter at the direction of the commissioner or the board, and under the supervision of the attorney general and reporter. An enforcement proceeding shall not be tried by a jury. Appeals from judgments or decrees issued by trial courts in proceedings brought under this part shall be made to the supreme court despite the fact that controverted questions of fact may be involved. Nothing in this part eliminates any additional enforcement rights or procedures that are available under any state law to the commissioner, but are not specifically enumerated in this part. Acts 2018, ch. 839, § 1. Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner. Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund. Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]