(a) Any person or operator who violates any of this part or regulations adopted pursuant thereto, or who fails to perform the duties imposed by these provisions or who fails or refuses to obtain a permit as provided herein, or who violates any determination or order promulgated pursuant to this part is liable to a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each day during which such violation continues, and, in addition, may be enjoined from continuing such violation as hereinafter provided. The penalties shall be assessed and subject to appeal in accordance with § 60-1-401.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 60-1-509

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: means the Tennessee board of water quality, oil and gas. See Tennessee Code 60-1-503
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Mineral: means any substance with economic value whether organic or inorganic that can be extracted from the earth, but excluding oil and gas. See Tennessee Code 60-1-503
  • Operator: means the person, whether owner or not, supervising or responsible for drilling, operating, repairing, abandoning or plugging of mineral test holes subject to this part. See Tennessee Code 60-1-503
  • Person: means any individual, corporation, company, association, joint venture, partnership, receiver, trustee, guardian, executor, administrator, personal representative or private organization of any kind. See Tennessee Code 60-1-503
  • 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).
  • 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
  • Supervisor: means the commissioner or the commissioner's designee. See Tennessee Code 60-1-503
(b) It shall be the duty of the district attorneys general in the various judicial districts throughout the state, or the attorney general and reporter, upon the request of the supervisor, to bring an action for the recovery of the penalties herein provided for and to bring an action for a restraining order, temporary or permanent injunction, against any operator or other person violating or threatening to violate any of this part or violating or threatening to violate any order or determination promulgated pursuant to this part.
(c) Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the board or the supervisor or who willfully fails, neglects, or refuses to comply with any of this part is guilty of a Class C misdemeanor; provided, that no process by warrant, presentment or indictment shall be issued except upon application of the board or commissioner or such application for process authorized by them.
(d) Nothing in this part shall abrogate the right of any person who is materially or personally damaged or injured by the drilling of a mineral test hole to seek remedies against the responsible person in the courts.
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