(a)

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Terms Used In Tennessee Code 68-221-712

  • Board: means the Tennessee board of water quality, oil and gas as established by §. See Tennessee Code 68-221-703
  • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representative, and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-221-703
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Person: means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country. See Tennessee Code 68-221-703
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Whenever the commissioner has reason to believe that a violation of this part or regulations pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be delivered to the alleged violator or violators.
(2) The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the board.
(3) The order may be issued in conjunction with concurrent action against a violator under the Water Quality Control Act, pursuant to title 69, chapter 3, part 1.
(4) Any such order shall become final and not subject to review unless the person or persons named therein request by written petition a hearing before the board, no later than thirty (30) days after the date such order is delivered; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments.
(b)

(1) Whenever the commissioner finds that the public health, safety or welfare imperatively requires immediate action, the commissioner may, without prior notice, or without preceding the action with a hearing, issue an order requiring that such action be taken as the commissioner deems necessary under the circumstances.
(2) A person to whom such an order is directed shall comply immediately pending the opportunity for a prompt hearing before the board.
(c) Except as otherwise expressly provided, any notice, complaint, order or other instrument issued by or under authority of this part may be served on any person by the commissioner or any person designated by the commissioner, by certified mail, or in accordance with Tennessee statutes authorizing service of process in civil actions.
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