Tennessee Code 59-8-116 – Inspection of surface coal mining operation at which alleged violation is occurring – Notice of violation – Abatement of violation – Cessation order – Suspension or revocation of permit
(a) When, on the basis of any information available, including receipt of information from any person, the commissioner has reason to believe that any person is in violation of this part, any rule or order issued or promulgated under this part or any condition of a permit required by this part, the commissioner shall immediately order inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available is a result of a previous inspection of the surface coal mining operation. When the inspection results from information provided to the commissioner by any person who is not an employee of the department, the commissioner shall notify the person when the inspection is proposed to be carried out and the person shall be allowed to accompany the inspector during the inspection.
Terms Used In Tennessee Code 59-8-116
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Commissioner: means the commissioner of environment and conservation or the commissioner's designee. See Tennessee Code 59-8-102
Department: means the department of environment and conservation. See Tennessee Code 59-8-102
Imminent danger to the health and safety of the public: means the existence of any condition or practice, or any violation of a permit or other requirement of this part in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation could be abated. See Tennessee Code 59-8-102
Operator: means any person, partnership, or corporation engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive months in any one (1) location. See Tennessee Code 59-8-102
Permit: means a permit to conduct surface coal mining and reclamation operations issued by the commissioner. See Tennessee Code 59-8-102
Permittee: means a person holding, or required by this part or rules promulgated by the commissioner to hold, a permit. See Tennessee Code 59-8-102
Person: means an individual, partnership, association, society, governmental agency or entity, joint stock company, firm, company, corporation, or other business organization. See Tennessee Code 59-8-102
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Surface coal mining and reclamation operations: means surface coal mining operations and all activities necessary and incident to the reclamation of surface coal mining operations occurring on and after May 26, 2021. See Tennessee Code 59-8-102
willfully: means that a person acted:(A) Intentionally, voluntarily, or consciously. See Tennessee Code 59-8-102
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b)(1) If, on the basis of an inspection, the commissioner determines that any permittee is in violation of this part, any rule promulgated under this part, or any permit condition required by this part, but that violation does not create an imminent danger to the health or safety of the public or cannot be reasonably expected to cause significant imminent environmental harm to land, air, or water resources, the commissioner shall issue a notice of violation to the permittee fixing a reasonable time, but not more than ninety (90) days, for the abatement of the violation, and if deemed necessary by the commissioner, ordering an immediate cessation of activities violating or resulting in the violation of this part, the rules promulgated under this part, or any condition of a permit.(2) The commissioner may promulgate rules that allow for reasonable extensions for abatement or for accomplishment of an interim step in the manner provided by regulations promulgated by the secretary; however, when the abatement time permitted is in excess of ninety (90) days, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.(3)(A) If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the commissioner, the commissioner finds that the violation has not been abated, the commissioner shall immediately order a cessation of surface coal mining and reclamation operations or the portion of the operations relevant to the violation.(B) A cessation order remains in effect until the commissioner determines that the violation has been abated, or until modified, vacated, or terminated by the commissioner under subsection (d).(C) In the cessation order issued under this subsection (b), the commissioner shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the cessation order.(c)(1) If, on the basis of any inspection, the commissioner determines that any condition or practice exists, or that any permittee is in violation of this part, any rule promulgated under this part, or any permit condition required by this part, which condition, practice, or violation also creates an imminent danger to the health and safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the commissioner shall immediately order a cessation of surface coal mining and reclamation operations or the portion of the operations relevant to the condition, practice, or violation. The cessation order shall remain in effect until the commissioner determines that the condition, practice, or violation has been abated, or until modified, vacated, or terminated by the commissioner under subsection (d). If the commissioner finds that the ordered cessation of surface coal mining and reclamation operations, or any portion of operations, will not completely abate the imminent danger to the health and safety of the public or the significant, imminent environmental harm to land, air, or water resources, then the commissioner shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the commissioner deems necessary to abate the imminent danger or the significant environmental harm.(2) The commissioner shall also issue an immediate cessation order to any operator mining without a valid permit or mining an area not covered by a valid permit.(d)(1) When, based upon an inspection, the commissioner finds that a pattern of violations of this part, rules promulgated pursuant to this part, or any permit conditions required by this part exists or has existed, and if the commissioner also finds that such violations are caused by an unwarranted failure of the permittee to comply with this part, rules promulgated pursuant to this part, or any condition of a permit, or that such violations are willfully caused by the permittee, the commissioner shall issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide an opportunity for a public hearing. If the permittee fails to show cause as to why the permit should not be suspended or revoked, the commissioner shall suspend or revoke the permit. If the permittee files an answer to the show cause order and requests a hearing, the commissioner shall inform all interested parties of the time, place, and date of the hearing. A written or electronic record shall be kept of any show cause hearing by the commissioner and the hearing shall be conducted as a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except to the extent that this part or rules promulgated by the commissioner pursuant to this part are inconsistent, in which case this part or the rules promulgated by the commissioner apply. Within sixty (60) days following a show cause hearing, the commissioner shall issue and furnish to the permittee and all other parties to the hearing a written decision, and the commissioner’s findings, concerning suspension or revocation of the permit.(2) If the permit is revoked, then mining shall immediately cease and reclamation shall be completed within a period specified by the commissioner, or the commissioner shall declare as forfeited the performance bonds for the operation.(e)(1) Notices and orders issued pursuant to this section shall set forth with reasonable specificity:
(A) The nature of the violation;(B) The remedial action required;(C) The period of time established for abatement; and(D) A reasonable description of the portion of the surface coal mining and reclamation operation to which the notice or order applies.(2) The commissioner shall promptly deliver each notice or order issued under this section to the permittee or the permittee’s agent.(3) All notices and orders shall be in writing and shall be signed by the commissioner.(4) The commissioner may modify, vacate, or terminate any notice or order issued pursuant to this section.(5) Any notice or order issued pursuant to this section, which requires cessation of active mining, expires within thirty (30) days of actual notice to the operator unless a public hearing is held at the site or within a reasonable proximity to the site where any viewings of the site can be conducted during the course of the public hearing; however, the notice or order shall not expire if the operator waives the hearing. The granting or waiver of a public hearing held under this subdivision (e)(5) does not affect the right of any person to formal review under subsection (d), § 59-8-117, or § 59-8-120.(f) Nothing in this section eliminates any additional enforcement rights or procedures that are available under state law to a state agency but are not specifically enumerated in this section.
