Tennessee § 68-201-106 - Matters to be considered in exercising powers.

§ 68-201-106. Matters to be considered in exercising powers.

Nothing in this part shall be deemed to grant the board or department any jurisdiction or authority with respect to air pollution existing solely within commercial or industrial plants, works or shops or to affect the relations between employers and employees with respect to or arising out of any condition of air pollution. In exercising powers to prevent, abate and control air pollution, the board or department shall give due consideration to all pertinent facts, including, but not necessarily limited to: The character and degree of injury to, or interference with, the protection of the health, general welfare and physical property of the people; The social and economic value of the air contaminant source; The suitability or unsuitability of the air pollution source to the area in which it is located. In this respect it is expressly anticipated that the board may establish zones and categories of air contaminant sources in which the standards, rules and regulations may differ according to zone and category of air contaminant source; The technical practicability and economic reasonableness of reducing or eliminating the emission of such air contaminants; The economic benefit gained by the air contaminant source through any failure to comply with this part and regulations promulgated thereunder; and The amount or degree of effort put forth by the air contaminant source to attain compliance. Acts 1967, ch. 367, § 6; 1971, ch. 362, § 7; 1979, ch. 299, § 7; T.C.A., § 53-3413; Acts 1984, ch. 788, § 5; T.C.A., § 68-25-106 . Compiler's Notes. Former title 68, ch. 25, parts 1 and 2 were transferred to title 68. ch. 201, parts 1 and 2 in 1992. See the parallel reference table in § 68-201-101 for the former and new section locations. Collateral References. Operation of cement plant as nuisance. 82 A.L.R.3d 1004. Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency. 60 A.L.R.3d 665.