Tennessee § 59-8-306 - Applicability of prior law.

§ 59-8-306. Applicability of prior law.

Any person who obtained a permit from the state for coal surface mining prior to May 3, 1978, and whose bond had not been released in full, shall be subject to all requirements regarding the performance standards, permit, bonding and reclamation in existence as of the date such permit was issued, which laws and regulations shall remain in full force and effect solely for the purpose of state regulation of such sites. Any person who obtained a permit from the state for coal surface mining prior to September 30, 1984, but after May 3, 1978, and upon whom bond forfeiture has been commenced by the department prior to October 1, 1984, shall be subject to all requirements regarding performance standards, permit, bonding and reclamation in existence as of the date such permit was issued, which laws and regulations shall remain in full force and effect for such purpose until the bond is collected or released. This subsection (b) shall be null and void if the secretary of the interior assumes any jurisdiction over such bond forfeitures. All penalty provisions and enforcement and administrative powers and duties in existence as of the date such permits were issued shall remain in force and effect for the administration and enforcement of subsections (a) and (b) by the commissioner and the department. All administrative review and judicial review for the purposes of this section shall be in accordance with [former] §§ 59-8-321 [repealed. See the Compiler's Notes] and [former] 59-8-322 [repealed. See the Compiler's Notes]. Acts 1984, ch. 837, § 6; T.C.A. § 59-8-353 . Code Commission Notes. This section was renumbered from § 59-8-353 by authority of the Code Commission in 2018. Compiler's Notes. Former §§ 59-8-321 and 59-8-322 , referred to in this section, concerning the former board of reclamation review, were repealed by Acts 1991, ch. 117, § 2(b). The duties of the former board of reclamation review were transferred to the former water quality control board created by § 69-3-104 , by Acts 1991, ch. 117, § 4. The former water quality control board, created by § 69-3-104 , was terminated by Acts 2012, ch. 986, § 26, and its responsibilities were transferred to the Tennessee board of water quality, oil, and gas, created by § 69-3-104. Former §§ 59-8-301 — 59-8-320 (Acts 1980, ch. 908, §§ 1-20; 1981, ch. 100, §§ 1, 2; 1981, ch. 131, §§ 39-42; 1981, ch. 169, §§ 1, 4, 5; 1981, ch. 280, §§ 1-7, 10; 1983, ch. 121, § 1; 1983, ch. 204, §§ 1, 2), concerning coal surface mining, were repealed by Acts 1984, ch. 837, § 1. For the Coal Surface Mining Act of 1987, see title 59, ch. 8, part 4.