59-8-417 - Civil actions. - Tennessee Statutes

59-8-417. Civil actions.

(a)  The commissioner may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for such action shall be in the chancery or circuit court of Davidson County, or the chancery court or circuit court in whose district the surface mining operation is located, the provisions of § 20-4-101 to the contrary notwithstanding, whenever such person, operator, or agent:

     (1)  Violates or fails or refuses to comply with any cease order issued by the commissioner under this part;

     (2)  Interferes with, hinders, or delays the commissioner or the commissioner's authorized representatives in carrying out the provisions of this part;

     (3)  Refuses to admit such authorized representatives to a coal mine;

     (4)  Refuses to permit inspection of a coal mine by such authorized representatives;

     (5)  Refuses to furnish any information or report requested by the commissioner in furtherance of the provisions of this part;

     (6)  Refuses to permit access to, and copying of, such records as the commissioner determines are necessary in carrying out the provisions of this part; or

     (7)  Violates or threatens to violate any of the provisions of this part, or regulations promulgated pursuant to this part, or a permit issued pursuant to this part, or violates or threatens to violate any cease order or determination promulgated pursuant to the provisions of this part.

(b)  (1)  The commissioner may bring suit for injunctive enforcement of any cease order issued by the commissioner when any cease order has become final as a result of any person's failure to appeal to the board of reclamation review [repealed. See the Compiler's Notes], and such person has failed to comply with the cease order.

     (2)  In such suits, all findings of fact contained in the cease order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the cease order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order.

     (3)  The cease order issued by the commissioner in such cases shall be presumed to be reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law.

     (4)  The board may likewise bring suit for enforcement of any cease order issued by it, which has become final either by the failure of any person to appeal the board's cease order or by an appellate court's decision against any person who fails to comply with such final cease order.

     (5)  In such suits, the board's decision shall not be subject to challenge as to matters of fact, but the violator may proffer evidence showing that the violator has in fact complied with the board's cease order.

(c)  Any suit for a permanent or temporary injunction, restraining order, or any other appropriate order brought by the commissioner shall be filed and venue and jurisdiction for such action shall be in the chancery court or circuit court of Davidson County, or the chancery court or circuit court in whose district the surface mining operation is located, in which all or a part of the violation is or is about to occur, the provisions of § 20-4-101 to the contrary notwithstanding, in the name of the department by the district attorney general or by the attorney general at the direction of the commissioner or the board. Such proceedings shall not be tried by jury.

(d)  Nothing in this part shall be construed so as to eliminate any additional enforcement rights or procedures which are available under any state law to the commissioner but which are not specifically enumerated herein.

[Acts 1987, ch. 251, § 21.]