Tennessee § 68-211-117 - Civil penalties.

§ 68-211-117. Civil penalties.

Any person who violates or fails to comply with any provision of 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) nor more than five thousand dollars ($5,000) per day for each day of violation; provided, however, that if the violation involves the disposal of solid waste in a sinkhole, it shall be subject to a civil penalty of not less than seven hundred dollars ($700) nor more than seven thousand dollars ($7,000) per day for each day of violation because of the increased likelihood of harm to the environment and the public. Each day such violation continues constitutes a separate violation. In addition, such person shall also be liable for any damages to the state resulting therefrom, without regard to whether any civil penalty is assessed. Any civil penalty or damages shall be assessed in the following manner: The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of the assessment by certified mail, return receipt requested; Any person against whom an assessment has been issued may secure a review of the assessment by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. When such a petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 68-211-113(b); If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator is 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 either the commissioner's assessment or the board's order, 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. Such court shall have venue over such actions, notwithstanding § 20-4-101 to the contrary. In assessing a civil penalty, the following factors may be considered: The harm done to public health or the environment; The economic benefit gained by the violators; The amount of effort put forth by the violator to attain compliance; and Any unusual or extraordinary enforcement costs incurred by the commissioner. 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. Acts 1980, ch. 662, § 6; T.C.A., §§ 53-4344, 68-31-117; Acts 2004, ch. 848, § 2; 2013, ch. 181, § 7. Compiler's Notes. Former title 68, ch. 31, parts 1-9 were transferred to title 68, ch. 211, parts 1-9, respectively, in 1992. See the parallel reference table in § 68-211-101 for the former and new section locations. Acts 2013, ch 181, § 19 provided that for the purpose of construing the act in relation to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the act shall be deemed to be procedural in nature. It is the intent of the general assembly that Acts 2013, chapter 181 and the Uniform Administrative Procedures Act shall be complied with, however when in conflict, the provisions of Acts 2013, chapter 181 shall govern. Acts 2013, ch 181, § 20 provided that the act, which amended subdivision (b)(2), shall apply to all cases filed on or after July 1, 2013. Amendments. The 2013 amendment rewrote (b)(2) which read: “Any person against whom an assessment has been issued may secure a review of the assessment by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the underground storage tanks and solid waste disposal control board. Such a hearing shall be a contested case and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall apply. The underground storage tanks and solid waste disposal control board has the power to enter such orders as in its opinion will best further the purposes of this part;”. Effective Dates. Acts 2013, ch. 181, § 20. July 1, 2013.