Tennessee § 59-8-416 - Permit revocation and bond forfeiture proceedings. [See contingent amendment to subdivision (f)(1) and the Compiler’s Notes.]

§ 59-8-416. Permit revocation and bond forfeiture proceedings. [See contingent amendment to subdivision (f)(1) and the Compiler’s Notes.]

Whenever the commissioner determines that remedial action required by any notice of noncompliance or cease order is not being carried out satisfactorily, the commissioner may revoke the permit and commence bond forfeiture proceedings consistent with this section. The commissioner shall recommend such proceedings whenever the remedial action required under a cease order issued pursuant to § 59-8-415(a) is not satisfactorily completed within sixty (60) days of issuance of the cease order. Permit revocation and bond forfeiture proceedings shall be commenced by issuing a notice of intent to revoke the permit and forfeit the bond. The notice shall be sent to the permittee and the permittee's surety. The permittee or the permittee's surety may request a public informal meeting with the commissioner or the commissioner's designee to review the notice of intent. Such meeting must be requested within ten (10) days of receipt of the notice or the meeting will not be held. All such meetings must be held within twenty (20) days of receipt of the request. If a person fails to timely request an informal meeting pursuant to subsection (b), the notice of intent shall become the final order of permit revocation and bond forfeiture. After conducting an informal meeting pursuant to subsection (b), the commissioner or the commissioner's designee may take any of the following actions: Issue a final order of permit revocation and bond forfeiture; Withdraw revocation and forfeiture proceedings; or Enter into an agreement with the permittee or the permittee's surety for complete reclamation, under the following conditions: No such agreement may exceed thirty (30) days for backfilling, grading, and initial seeding; and If the commissioner or the commissioner's designee determines that the agreement is not being complied with, either person may issue a final order of permit revocation and bond forfeiture. When a notice of intent to revoke the permit and forfeit the bond becomes final because of failure to appeal, or if the commissioner issues a final order to revoke the permit and forfeit the bond, the permittee shall immediately tender or cause to be tendered the bond to the commissioner. [Current version. See second version for contingent amendment and Compiler's Notes.] Any person, who is aggrieved by a final order of revocation and forfeiture, may appeal the decision to the Tennessee board of water quality, oil, and gas [See the Compiler's Notes] pursuant to [former] § 59-8-321(g) [repealed. See the Compiler's Notes]. [Contingent amendment. See the Compiler's Notes.] Such person shall make a request for appeal and tender the amount of the bond to the commissioner within thirty (30) days from service of the final order. If the bond is other than cash, the bond must be converted to cash and deposited with the commissioner. Failure to request an appeal and submit the bond amount within thirty (30) days shall result in a waiver of all rights to contest the permit revocation and bond forfeiture and any underlying violations which may have led to the revocation and forfeiture. After the permit is revoked and the bond is forfeited, the commissioner may collect the bond. If judicial action is required to collect the bond, it shall be the duty of the attorney general and reporter upon request of the commissioner to take appropriate action to collect the bond. All proceeds from the bonds shall be placed in the surface mining reclamation fund established in § 59-8-303. The commissioner is authorized once the bond is tendered or otherwise collected to use the proceeds for such reclamation as is necessary, regardless of whether or not an appeal is requested or hearing is pending. If, through administrative or judicial review, it is determined that no violation occurred or that the bond should otherwise be released, the commissioner shall within thirty (30) days remit the appropriate amount to the operator, with interest, at the rate of six percent (6%) or at the prevailing department of treasury rate, whichever is greater. Any person, who is aggrieved by a final order of revocation and forfeiture, may appeal the decision to the board. Acts 1987, ch. 251, § 20; 2018, ch. 839, § 11. Compiler's Notes. Former § 59-8-321 , formerly referred to in this section, concerning the former board of reclamation review was 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. 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 amended this section, shall take effect, including for purposes of rulemaking, upon the deposit of federal funds in the Coal Mining Protection Fund. Amendments. The 2018 amendment substituted “board” for “Tennessee board of water quality, oil, and gas pursuant to former § 59-8-321(g) ” in (f)(1). See the Compiler’s Notes. Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]