Tennessee § 68-201-112 - Penalty for violations — Duty of district attorneys general — Abatement of public nuisance.

§ 68-201-112. Penalty for violations — Duty of district attorneys general — Abatement of public nuisance.

Any person who knowingly: Violates or fails to comply with any provision of this part, any board or administrative order, or any duly promulgated air pollution control regulation, or any ordinance adopted pursuant to this part or permit condition; Makes any false material statement, representation, or certification in any record, report, plan or other document required by permit to be either filed or maintained; Falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained or followed; or Fails to pay a fee established by the air pollution control board; commits a Class C misdemeanor with the fine not to exceed ten thousand dollars ($10,000) per day per violation. For the purpose of this section, each day of continued violation constitutes a separate offense and is punishable as such. No warrant, presentment or indictment arising under this part shall be issued except upon application, authorized in writing, by the board, the commissioner, or either of them, or by a local pollution control program operating under a certificate of exemption pursuant to § 68-201-115, for a violation within its jurisdiction. It is the duty of the district attorneys general in the various judicial districts throughout the state to assist the board or commissioner, upon request, either by prosecuting or by assisting the board or the commissioner in prosecuting those persons the board or commissioner has reasonable cause to believe are violating any provision of this part or any rule or regulation duly promulgated in accordance with this part. In addition and supplemental to any criminal action that may be prosecuted under this section, the board and commissioner have and are vested with jurisdiction and authority to determine whether or not any provision of this part, or rules or regulations adopted pursuant to this part, or any order of the board has been violated, and whether or not such violation constitutes a public nuisance. Upon such finding that a public nuisance exists, the board or commissioner has authority to abate any such public nuisance in the manner provided by the general law relating to the abatement of public nuisances. Acts 1967, ch. 367, § 12; 1970, ch. 540, § 1; 1971, ch. 362, § 10; 1976, ch. 639, § 2; 1979, ch. 299, §§ 2, 7; 1979, ch. 422, § 17; T.C.A., § 53-3419; Acts 1989, ch. 591, § 113; T.C.A., § 68-25-112 ; Acts 1994, ch. 684, §§ 1, 2. 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. Cross-References. Obstructing highway or passageway, § 39-17-307 . Penalty for Class C misdemeanor, § 40-35-111 . Vandalism, § 39-14-408 . Law Reviews. The Tennessee Court Systems — Prosecution, 8 Mem. St. L. Rev. 477. Collateral References. Necessity of showing scienter, knowledge, or intent, in prosecution for violation of air pollution or smoke control statute or ordinance. 46 A.L.R.3d 758. Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency. 60 A.L.R.3d 665. Validity of state statutory provision permitting administrative agency to impose monetary penalties for violation of environmental pollution statute. 81 A.L.R.3d 1258.