Tennessee § 68-202-505 - [Reserved.]

§ 68-202-505. [Reserved.]

Any person violating any of this part, any order issued in accordance with this part, or any rule, regulation or standard adopted pursuant to this part, commits a Class C misdemeanor. Each day of continued violation constitutes a separate punishable offense. Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part, shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person shall also be liable for any damages to the state resulting from such violation. Any civil penalty or damages shall be assessed in the following manner: The commissioner of environment and conservation or the commissioner's designee may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law; Any person against whom an assessment has been issued may request a hearing before the commissioner or the commissioner's designee for a review of the assessment; If a petition for review of 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 an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred. In assessing a civil penalty, the following factors may be considered: The harm or potential harm done to the public or the environment; The economic benefit gained by the violators; The amount of effort put forth by the violator to attain compliance; Any unusual or extraordinary enforcement cost incurred by the state; and The need for an economic deterrent from future violations. Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition. Notwithstanding this or any other law to the contrary, a dentist who fails to timely register or reregister a Class I dental radiation machine, or a physician who fails to timely register a Class II medical radiation machine, and pay the required inspection/certification fee, shall not be fined in excess of an amount which equals five (5) times the inspection/certification fee owed, unless the circumstances of the case indicate that the failure was: Willful and knowing; Grossly negligent; or A continuation of an established pattern of failure to timely register or reregister dental radiation machines. Acts 1982, ch. 693, § 6; T.C.A., § 53-3338; Acts 1989, ch, 591, § 113; T.C.A., § 68-23-506 ; Acts 1993, ch. 343, § 1. Compiler's Notes. Former title 68, ch. 23, parts 1-7 were transferred to title 68, ch. 202, parts 1-7, respectively, in 1992. See the parallel reference table in § 68-202-101 for the former and new section locations. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 .