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2020 Tennessee Code
Title 69 - Waters, Waterways, Drains and Levees
Chapter 11 - Dams
§ 69-11-121. Civil Penalties and Damages
Universal Citation: TN Code § 69-11-121 (2020)
- Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner issued pursuant to this chapter or any rule, regulation, or standard adopted pursuant to this chapter shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation. Each day such violation continues shall constitute a separate violation. In addition, such person shall also be liable for any damages to the state resulting from the violation, 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;
- 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 the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
- The commissioner, through the attorney general and reporter, may initiate 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 violations occurred, in the name of the department.
- In assessing a civil penalty, the following factors may be considered:
- The harm done or potential for harm to the public safety or the environment;
- Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
- The economic benefit gained by the violator as a result of the violation;
- The amount of effort put forth by the violator to remedy this violation; or
- Any unusual or extraordinary enforcement costs incurred by the commissioner.
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