2023 Tennessee Code
Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144)
Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421)
Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133)
Section 59-8-118 - Civil action for relief

• (a) The commissioner may request the attorney general and reporter to institute a civil action for relief against any permittee including a permanent or temporary injunction, restraining order, or any other appropriate order, and venue and jurisdiction for the action shall be in the chancery court in the county where the surface mining operation is located or in which the permittee has its principal office, whenever the permittee or the permittee's agent:
  • (1) Violates or fails or refuses to comply with any order or decision issued by the commissioner under this part;
  • (2) Interferes with, hinders, or delays the commissioner in carrying out the provisions of this part;
  • (3) Refuses to admit the commissioner to a surface coal mining and reclamation operation;
  • (4) Refuses to permit inspection of a surface coal mining and reclamation operation by the commissioner;
  • (5) Refuses to furnish any information or report requested by the commissioner in furtherance of this part;
  • (6) Refuses to permit access to, and copying of, records that the commissioner determines to be necessary in carrying out this part; or
  • (7) Violates or threatens to violate any other provision of this part, the rules promulgated pursuant to this part, or conditions of a permit issued pursuant to this part.

• (b) The court has jurisdiction to provide any relief as may be appropriate. Any relief granted by the court to enforce an order under this subsection (b) shall continue in effect until the completion or final termination of all proceedings for review of that order under this part unless, before that time, the court granting the relief sets it aside or modifies it.

• (c) 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.

Repealed and reenacted by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.

Added by 2018 Tenn. Acts, ch. 839, s 1, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.