59-8-352 - Violations Penalties. - Tennessee Statutes

59-8-352. Violations Penalties.

(a)  Any person who willfully and knowingly does any of the following acts is guilty of a Class E felony and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000):

     (1)  Mines more than twenty-five (25) tons of coal within twelve (12) successive calendar months, regardless of the size of the mine site, without obtaining a permit for such mine from the commissioner or the primary regulatory authority pursuant to 30 U.S.C. § 1201 et seq., or without a permit for such mine obtained pursuant to this part prior to October 1, 1984;

     (2)  Knowingly and willfully violates the provisions of this chapter, or the rules and regulations or orders of the commissioner, or knowingly falsifies an application for a permit; or

     (3)  Prevents or impedes an employee of the state from performing the employee's duty under this part, except as permitted by law.

(b)  Whenever a corporation commits the acts described in this section, the director, officer or agent of such corporation who willfully and knowingly authorized, ordered or carried out such violation, failure or refusal shall be subject to the same fines and imprisonment that may be imposed under this section.

(c)  All penalties and fines recovered under this section shall be placed in the state treasury and credited to the Tennessee surface mine reclamation fund.

[Acts 1984, ch. 837, § 6; 1987, ch. 251, § 4; 1989, ch. 591, § 77.]