(a) If, upon an inspection or investigation, the supervisor determines that a person is in violation of this chapter, rules promulgated pursuant to this chapter, an order adopted by the board, or terms or conditions of a permit, the supervisor shall with reasonable promptness, and in no event no later than six (6) months following the inspection or investigation, issue by certified mail a written notice that states the nature and, if applicable, the location of the violation, including a reference to the statute, rules, order, or permit terms or conditions alleged to have been violated. In addition, the notice must fix a reasonable time for abatement of the violation. The supervisor may suspend or lengthen the abatement period upon a showing of a good faith effort to comply with the abatement requirements and that failure to comply with the abatement requirements is due to factors beyond the person's reasonable control. If applicable, the notice may state that the supervisor has reason to believe that a violation, or the failure to abate such violation, should result in the assessment of a civil penalty.
(b) (1) The supervisor may assess civil penalties up to ten thousand dollars ($10,000) for each day a violation occurs against a person who violates this chapter, rules promulgated pursuant to this chapter, an order adopted by the board, or the terms or conditions of a permit.(2) A civil penalty must be assessed in the following manner:(A) An order and assessment must be issued by certified mail, return receipt requested, personal service, or any other means authorized by the Tennessee Rules of Civil Procedure stating the amount of the penalty to be assessed and the reason therefor;(B) An order and assessment issued pursuant to subdivision (b)(2)(A) must inform the person of the right to appeal to the board within thirty (30) days of service by filing a written notice of appeal with the supervisor and the board setting forth the grounds and reasons for the objections and requesting a hearing in the matter involved before the board;(C) A hearing brought before the board must be conducted as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and(D) If a petition for review of an order and assessment is not filed within thirty (30) days after the date of service, the person is deemed to consent to the order and assessment, and the order and assessment is final.(3) In assessing a civil penalty, the supervisor shall consider the following:(A) The appropriateness of the penalty with respect to the size of the business of the person assessed;(B) The gravity of the violation;(C) The good faith of the person;(D) The person's history of previous violations;(E) The economic benefit gained by the person; and(F) Damages to this state, including waste resulting from the violation, as well as expenses incurred in investigating and enforcing this section and the costs involved in rectifying any damage.(4) (A) If a person appeals an order and assessment of a penalty pursuant to this subsection (b), the appeal must be conducted as a contested case and heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b), unless settled by the parties.(B) The administrative judge to whom an appeal is assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the appeal is filed.(C) The administrative judge shall issue a scheduling order for the contested case that results in a hearing being completed within one-hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within ninety (90) days of completion of the record of the hearing.(D) The administrative judge's initial order, together with any earlier orders issued by the administrative judge, becomes final unless a party appeals pursuant to § 4-5-315 within fifteen (15) days after entry of the initial order.(E) The board is precluded from reviewing an initial order unless appealed by a party. Upon appeal to the board by a party the board shall afford each party an opportunity to present briefs, review the record, and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order is limited to the record, but must be reviewed de novo with no presumption of correctness. In such appeals, the board shall render a final order, in accordance with § 4-5-315, affirming, modifying, remanding, or vacating the order and assessment. A final order rendered pursuant to this subdivision (b)(4)(E) is effective upon its entry unless a later effective date is stated in the final order. A petition to stay the effective date of a final order may be filed under § 4-5-316. A petition for reconsideration of a final order may be filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322.(F) An order of an administrative judge that becomes final in the absence of an appeal is deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, however, that in other matters before the board, it may be considered but is not binding on the board.
(1) The supervisor may assess civil penalties up to ten thousand dollars ($10,000) for each day a violation occurs against a person who violates this chapter, rules promulgated pursuant to this chapter, an order adopted by the board, or the terms or conditions of a permit.
(2) A civil penalty must be assessed in the following manner:(A) An order and assessment must be issued by certified mail, return receipt requested, personal service, or any other means authorized by the Tennessee Rules of Civil Procedure stating the amount of the penalty to be assessed and the reason therefor;(B) An order and assessment issued pursuant to subdivision (b)(2)(A) must inform the person of the right to appeal to the board within thirty (30) days of service by filing a written notice of appeal with the supervisor and the board setting forth the grounds and reasons for the objections and requesting a hearing in the matter involved before the board;(C) A hearing brought before the board must be conducted as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and(D) If a petition for review of an order and assessment is not filed within thirty (30) days after the date of service, the person is deemed to consent to the order and assessment, and the order and assessment is final.
(A) An order and assessment must be issued by certified mail, return receipt requested, personal service, or any other means authorized by the Tennessee Rules of Civil Procedure stating the amount of the penalty to be assessed and the reason therefor;
(B) An order and assessment issued pursuant to subdivision (b)(2)(A) must inform the person of the right to appeal to the board within thirty (30) days of service by filing a written notice of appeal with the supervisor and the board setting forth the grounds and reasons for the objections and requesting a hearing in the matter involved before the board;
(C) A hearing brought before the board must be conducted as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
(D) If a petition for review of an order and assessment is not filed within thirty (30) days after the date of service, the person is deemed to consent to the order and assessment, and the order and assessment is final.
(3) In assessing a civil penalty, the supervisor shall consider the following:(A) The appropriateness of the penalty with respect to the size of the business of the person assessed;(B) The gravity of the violation;(C) The good faith of the person;(D) The person's history of previous violations;(E) The economic benefit gained by the person; and(F) Damages to this state, including waste resulting from the violation, as well as expenses incurred in investigating and enforcing this section and the costs involved in rectifying any damage.
(A) The appropriateness of the penalty with respect to the size of the business of the person assessed;
(B) The gravity of the violation;
(C) The good faith of the person;
(D) The person's history of previous violations;
(E) The economic benefit gained by the person; and
(F) Damages to this state, including waste resulting from the violation, as well as expenses incurred in investigating and enforcing this section and the costs involved in rectifying any damage.
(4) (A) If a person appeals an order and assessment of a penalty pursuant to this subsection (b), the appeal must be conducted as a contested case and heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b), unless settled by the parties.(B) The administrative judge to whom an appeal is assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the appeal is filed.(C) The administrative judge shall issue a scheduling order for the contested case that results in a hearing being completed within one-hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within ninety (90) days of completion of the record of the hearing.(D) The administrative judge's initial order, together with any earlier orders issued by the administrative judge, becomes final unless a party appeals pursuant to § 4-5-315 within fifteen (15) days after entry of the initial order.(E) The board is precluded from reviewing an initial order unless appealed by a party. Upon appeal to the board by a party the board shall afford each party an opportunity to present briefs, review the record, and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order is limited to the record, but must be reviewed de novo with no presumption of correctness. In such appeals, the board shall render a final order, in accordance with § 4-5-315, affirming, modifying, remanding, or vacating the order and assessment. A final order rendered pursuant to this subdivision (b)(4)(E) is effective upon its entry unless a later effective date is stated in the final order. A petition to stay the effective date of a final order may be filed under § 4-5-316. A petition for reconsideration of a final order may be filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322.(F) An order of an administrative judge that becomes final in the absence of an appeal is deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, however, that in other matters before the board, it may be considered but is not binding on the board.
(A) If a person appeals an order and assessment of a penalty pursuant to this subsection (b), the appeal must be conducted as a contested case and heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b), unless settled by the parties.
(B) The administrative judge to whom an appeal is assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the appeal is filed.
(C) The administrative judge shall issue a scheduling order for the contested case that results in a hearing being completed within one-hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within ninety (90) days of completion of the record of the hearing.
(D) The administrative judge's initial order, together with any earlier orders issued by the administrative judge, becomes final unless a party appeals pursuant to § 4-5-315 within fifteen (15) days after entry of the initial order.
(E) The board is precluded from reviewing an initial order unless appealed by a party. Upon appeal to the board by a party the board shall afford each party an opportunity to present briefs, review the record, and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order is limited to the record, but must be reviewed de novo with no presumption of correctness. In such appeals, the board shall render a final order, in accordance with § 4-5-315, affirming, modifying, remanding, or vacating the order and assessment. A final order rendered pursuant to this subdivision (b)(4)(E) is effective upon its entry unless a later effective date is stated in the final order. A petition to stay the effective date of a final order may be filed under § 4-5-316. A petition for reconsideration of a final order may be filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322.
(F) An order of an administrative judge that becomes final in the absence of an appeal is deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, however, that in other matters before the board, it may be considered but is not binding on the board.
(c) (1) The supervisor, through a notice of forfeiture, may order the forfeiture of the bond to the department for any person who violates this chapter, rules promulgated pursuant to this chapter, an order adopted by the board, or the terms or conditions of a permit.(2) A bond forfeiture must be issued in the following manner:(A) The supervisor shall with reasonable promptness, and no later than six (6) months following the inspection or investigation, issue to the person by certified mail a notice of noncompliance that states the nature, and if applicable, the location of the violation, including a reference to the alleged violation;(B) A notice of noncompliance must fix a reasonable time for abatement of the violation. The supervisor may suspend or lengthen the abatement period upon a showing of a good faith effort to comply with the abatement requirements and that failure to comply with the abatement requirements is due to factors beyond the person's reasonable control. If the supervisor has reason to believe that the violation, or the failure to abate the violation, may result in bond forfeiture, the notice may so state;(C) If, within the period of abatement established in the notice of noncompliance, no agreement has been reached with the supervisor regarding the alleged failure to comply, and the supervisor determines that the person has not complied with the requirements set forth by the notice of noncompliance, then the supervisor shall issue a notice of forfeiture to the person by certified mail, return receipt requested, personal service, or any other means authorized by the Tennessee Rules of Civil Procedure stating that the bond is ordered forfeited to the department;(D) A notice of forfeiture issued pursuant to this subsection (c) must inform the person of their right to appeal to the board within a period of thirty (30) days of service by filing a written notice of appeal with the supervisor and the board setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved before the board.(E) Any hearing brought before the board must be conducted as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and(F) If a petition for review of the notice of forfeiture is not filed within thirty (30) days after the date the notice of forfeiture is served, then the bond must be ordered forfeited to the department.(3) (A) If a person appeals a notice of forfeiture pursuant to this subsection (c), the appeal must be conducted as a contested case and heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b), unless settled by the parties.(B) The administrative judge to whom an appeal is assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the appeal is filed.(C) The administrative judge shall issue a scheduling order for the contested case that results in a hearing being completed within one-hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within ninety (90) days of completion of the record of the hearing.(D) The administrative judge's initial order, together with any earlier orders issued by the administrative judge, becomes final unless a party appeals pursuant to § 4-5-315 within fifteen (15) days after entry of the initial order.(E) The board shall not review an initial order unless appealed by a party. Upon appeal to the board by a party, the board shall afford each party an opportunity to present briefs, review the record, and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order is limited to the record, but must be reviewed de novo with no presumption of correctness. In such appeals, the board shall render a final order, in accordance with § 4-5-314, affirming, modifying, remanding, or vacating the notice of forfeiture. A final order rendered pursuant to this subdivision (c)(3)(E) is effective upon its entry unless a later effective date is stated in the final order. A petition to stay the effective date of a final order may be filed under § 4-5-316. A petition for reconsideration of a final order may be filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322.(F) An order of an administrative judge that becomes final in the absence of an appeal is deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, however, that in other matters before the board, it may be considered but is not binding on the board.(4) (A) Reclamation bonds must be performance bonds, conditioned on the reclamation of the well site and access roads pursuant to part 7 of this chapter.(B) Any portion of a reclamation bond not expended for the purposes described in subdivision (c)(4)(A) shall be refunded to the operator or the operator's surety if the conditions of the bond are fully satisfied.(C) If the conditions of a reclamation bond are not fully satisfied, because the bond is a blanket bond or otherwise, the unexpended proceeds must be held or applied in a manner to secure the performance of the remaining obligations secured by the bond. If the bond is a blanket bond and the unexpended portion is less than is required for the remaining wells covered by the bond, a supplementary bond must be required.
(1) The supervisor, through a notice of forfeiture, may order the forfeiture of the bond to the department for any person who violates this chapter, rules promulgated pursuant to this chapter, an order adopted by the board, or the terms or conditions of a permit.
(2) A bond forfeiture must be issued in the following manner:(A) The supervisor shall with reasonable promptness, and no later than six (6) months following the inspection or investigation, issue to the person by certified mail a notice of noncompliance that states the nature, and if applicable, the location of the violation, including a reference to the alleged violation;(B) A notice of noncompliance must fix a reasonable time for abatement of the violation. The supervisor may suspend or lengthen the abatement period upon a showing of a good faith effort to comply with the abatement requirements and that failure to comply with the abatement requirements is due to factors beyond the person's reasonable control. If the supervisor has reason to believe that the violation, or the failure to abate the violation, may result in bond forfeiture, the notice may so state;(C) If, within the period of abatement established in the notice of noncompliance, no agreement has been reached with the supervisor regarding the alleged failure to comply, and the supervisor determines that the person has not complied with the requirements set forth by the notice of noncompliance, then the supervisor shall issue a notice of forfeiture to the person by certified mail, return receipt requested, personal service, or any other means authorized by the Tennessee Rules of Civil Procedure stating that the bond is ordered forfeited to the department;(D) A notice of forfeiture issued pursuant to this subsection (c) must inform the person of their right to appeal to the board within a period of thirty (30) days of service by filing a written notice of appeal with the supervisor and the board setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved before the board.(E) Any hearing brought before the board must be conducted as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and(F) If a petition for review of the notice of forfeiture is not filed within thirty (30) days after the date the notice of forfeiture is served, then the bond must be ordered forfeited to the department.
(A) The supervisor shall with reasonable promptness, and no later than six (6) months following the inspection or investigation, issue to the person by certified mail a notice of noncompliance that states the nature, and if applicable, the location of the violation, including a reference to the alleged violation;
(B) A notice of noncompliance must fix a reasonable time for abatement of the violation. The supervisor may suspend or lengthen the abatement period upon a showing of a good faith effort to comply with the abatement requirements and that failure to comply with the abatement requirements is due to factors beyond the person's reasonable control. If the supervisor has reason to believe that the violation, or the failure to abate the violation, may result in bond forfeiture, the notice may so state;
(C) If, within the period of abatement established in the notice of noncompliance, no agreement has been reached with the supervisor regarding the alleged failure to comply, and the supervisor determines that the person has not complied with the requirements set forth by the notice of noncompliance, then the supervisor shall issue a notice of forfeiture to the person by certified mail, return receipt requested, personal service, or any other means authorized by the Tennessee Rules of Civil Procedure stating that the bond is ordered forfeited to the department;
(D) A notice of forfeiture issued pursuant to this subsection (c) must inform the person of their right to appeal to the board within a period of thirty (30) days of service by filing a written notice of appeal with the supervisor and the board setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved before the board.
(E) Any hearing brought before the board must be conducted as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
(F) If a petition for review of the notice of forfeiture is not filed within thirty (30) days after the date the notice of forfeiture is served, then the bond must be ordered forfeited to the department.
(3) (A) If a person appeals a notice of forfeiture pursuant to this subsection (c), the appeal must be conducted as a contested case and heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b), unless settled by the parties.(B) The administrative judge to whom an appeal is assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the appeal is filed.(C) The administrative judge shall issue a scheduling order for the contested case that results in a hearing being completed within one-hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within ninety (90) days of completion of the record of the hearing.(D) The administrative judge's initial order, together with any earlier orders issued by the administrative judge, becomes final unless a party appeals pursuant to § 4-5-315 within fifteen (15) days after entry of the initial order.(E) The board shall not review an initial order unless appealed by a party. Upon appeal to the board by a party, the board shall afford each party an opportunity to present briefs, review the record, and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order is limited to the record, but must be reviewed de novo with no presumption of correctness. In such appeals, the board shall render a final order, in accordance with § 4-5-314, affirming, modifying, remanding, or vacating the notice of forfeiture. A final order rendered pursuant to this subdivision (c)(3)(E) is effective upon its entry unless a later effective date is stated in the final order. A petition to stay the effective date of a final order may be filed under § 4-5-316. A petition for reconsideration of a final order may be filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322.(F) An order of an administrative judge that becomes final in the absence of an appeal is deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, however, that in other matters before the board, it may be considered but is not binding on the board.
(A) If a person appeals a notice of forfeiture pursuant to this subsection (c), the appeal must be conducted as a contested case and heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b), unless settled by the parties.
(B) The administrative judge to whom an appeal is assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the appeal is filed.
(C) The administrative judge shall issue a scheduling order for the contested case that results in a hearing being completed within one-hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within ninety (90) days of completion of the record of the hearing.
(D) The administrative judge's initial order, together with any earlier orders issued by the administrative judge, becomes final unless a party appeals pursuant to § 4-5-315 within fifteen (15) days after entry of the initial order.
(E) The board shall not review an initial order unless appealed by a party. Upon appeal to the board by a party, the board shall afford each party an opportunity to present briefs, review the record, and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order is limited to the record, but must be reviewed de novo with no presumption of correctness. In such appeals, the board shall render a final order, in accordance with § 4-5-314, affirming, modifying, remanding, or vacating the notice of forfeiture. A final order rendered pursuant to this subdivision (c)(3)(E) is effective upon its entry unless a later effective date is stated in the final order. A petition to stay the effective date of a final order may be filed under § 4-5-316. A petition for reconsideration of a final order may be filed pursuant to § 4-5-317. Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322.
(F) An order of an administrative judge that becomes final in the absence of an appeal is deemed to be a decision of the board in that case for purposes of the standard of review by a court; provided, however, that in other matters before the board, it may be considered but is not binding on the board.
(4) (A) Reclamation bonds must be performance bonds, conditioned on the reclamation of the well site and access roads pursuant to part 7 of this chapter.(B) Any portion of a reclamation bond not expended for the purposes described in subdivision (c)(4)(A) shall be refunded to the operator or the operator's surety if the conditions of the bond are fully satisfied.(C) If the conditions of a reclamation bond are not fully satisfied, because the bond is a blanket bond or otherwise, the unexpended proceeds must be held or applied in a manner to secure the performance of the remaining obligations secured by the bond. If the bond is a blanket bond and the unexpended portion is less than is required for the remaining wells covered by the bond, a supplementary bond must be required.
(A) Reclamation bonds must be performance bonds, conditioned on the reclamation of the well site and access roads pursuant to part 7 of this chapter.
(B) Any portion of a reclamation bond not expended for the purposes described in subdivision (c)(4)(A) shall be refunded to the operator or the operator's surety if the conditions of the bond are fully satisfied.
(C) If the conditions of a reclamation bond are not fully satisfied, because the bond is a blanket bond or otherwise, the unexpended proceeds must be held or applied in a manner to secure the performance of the remaining obligations secured by the bond. If the bond is a blanket bond and the unexpended portion is less than is required for the remaining wells covered by the bond, a supplementary bond must be required.