Tennessee § 68-131-405 - Penalties.

§ 68-131-405. Penalties.

Any person who violates any provision of § 68-131-404 or the rules promulgated pursuant to this part is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs. A civil penalty may be assessed and enforced in the following manner: The commissioner may issue a civil penalty assessment against any person responsible for the violation; Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment; In lieu of the administrative assessment procedure pursuant to this subdivision (a)(2), the commissioner may also institute proceedings for assessment of a civil penalty in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred; In assessing the civil penalty, the commissioner may consider the following factors: Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; The potential or actual harm posed to people or the environment by the violation; The cause of the violation; The effectiveness of action taken by the violator to cease the violation; and The economic benefit gained by the violator; and All such civil penalties and all fees collected pursuant to this part shall be deposited into a subaccount in the fund created by § 68-203-101 and treated accordingly. The commissioner may suspend or revoke a certification or accreditation for any person who violates any provision of §§ 68-131-403 — 68-131-405 or the rules promulgated pursuant to this chapter, in accordance with the procedures set forth in § 4-5-320. Any person knowingly failing, neglecting, or refusing to comply with any of the provisions of § 68-131-404, commits a Class C misdemeanor. Each day upon which such violation occurs constitutes a separate offense. Acts 1999, ch. 385, § 4; 2001, ch. 127, § 3. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 .