(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:

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Terms Used In Tennessee Code 59-8-118

  • Commissioner: means the commissioner of environment and conservation or the commissioner's designee. See Tennessee Code 59-8-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Office: means the office of surface mining reclamation and enforcement, established by the Surface Mining Control and Reclamation Act of 1977 (30 U. 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
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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
  • Venue: The geographical location in which a case is tried.
(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.
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