(a) Whoever violates, fails, neglects or refuses to obey this part or rule or regulation promulgated hereunder may be punished by a fine of not less than one hundred dollars ($100) for each day of such violation.
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Terms Used In Tennessee Code 11-14-115

  • Area: means an area of land or water, or both, whether in public or private ownership, which has scenic, natural, or scientific values. See Tennessee Code 11-14-103
  • Commissioner: means the commissioner of environment and conservation. See Tennessee Code 11-14-103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of environment and conservation. See Tennessee Code 11-14-103
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
(b) In addition to the foregoing criminal penalty, the general assembly finds that it is appropriate that there be the following civil sanction as well. Any person who commits any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs:

(1) Any damage or vandalism to any natural area;
(2) The removal or destruction of any rare, threatened or endangered species of plants in any natural area; or
(3) Any other violation of this part or the rules promulgated hereunder.
(c) The commissioner, through the attorney general and reporter, 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 occurred, in the name of the department.
(d) In assessing the civil penalty, the court may consider the following factors:

(1) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(2) Damages to the natural area, including compensation for loss or destruction of any part of the area, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage;
(3) The cause of the violation; and
(4) Any economic benefit gained by the violator.
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