59-8-416 - Permit revocation and bond forfeiture proceedings. - Tennessee Statutes

59-8-416. Permit revocation and bond forfeiture proceedings.

(a)  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.

(b)  (1)  Permit revocation and bond forfeiture proceedings shall be commenced by issuing a notice of intent to revoke the permit and forfeit the bond.

     (2)  The notice shall be sent to the permittee and the permittee's surety.

     (3)  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.

     (4)  All such meetings must be held within twenty (20) days of receipt of the request.

(c)  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.

(d)  After conducting an informal meeting pursuant to subsection (b), the commissioner or the commissioner's designee may take any of the following actions:

     (1)  Issue a final order of permit revocation and bond forfeiture;

     (2)  Withdraw revocation and forfeiture proceedings; or

     (3)  Enter into an agreement with the permittee or the permittee's surety for complete reclamation, under the following conditions:

          (A)  No such agreement may exceed thirty (30) days for backfilling, grading, and initial seeding; and

          (B)  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.

(e)  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.

(f)  (1)  Any person, who is aggrieved by a final order of revocation and forfeiture, may appeal the decision to the board of reclamation review pursuant to § 59-8-321(g) [repealed. See the Compiler's Notes].

     (2)  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.

     (3)  If the bond is other than cash, the bond must be converted to cash and deposited with the commissioner.

     (4)  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.

(g)  (1)  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.

     (2)  All proceeds from the bonds shall be placed in the surface mining reclamation fund established in § 59-8-326.

(h)  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.

[Acts 1987, ch. 251, § 20.]