Section 0400-52-01-.06 - FORFEITURE(1) The Supervisor shall cause a notice of noncompliance to be served upon the operator by certified mail, addressed to the permanent address shown on the application for a permit: (a) If the requirements with respect to proper plugging upon abandonment of a well or wells and submission of all required records and data have not been complied with within the time limits set by the Board or Department, and/or,(b) If the requirements with respect to proper reclamation of the well site(s) and access roads have not been complied with within the time limits set by the Board or Department.(2) The notice shall specify in what respects the operator has failed to comply with this chapter or the regulations or orders of the Board or Department.(3) If the operator has not reached an agreement with the Supervisor, or has not complied with the requirements set forth within 30 days after mailing the notice, the plugging bond shall then be forfeited to the Department, and the money used by the Department to properly plug the well(s), and/or the reclamation bond used to reclaim the well site(s) and access roads. .(4) In the case of the plugging bonds, such bonds are penal in nature, and the full amount of the bond shall be forfeited.(5) In the case of reclamation bonds, such bonds are considered to be performance bonds, and any portion of a reclamation bond not expended to perform the reclamation work shall be refunded to the operator or his Bonding Agent if the conditions of the bond are fully satisfied.Tenn. Comp. R. & Regs. 0400-52-01-.06
Original rule filed March 20, 2013; effective June 18, 2013.Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.