[Effective 7/1/2025]

(a) The commissioner may inspect facilities at which waste tires are generated, transported, processed, stored, or disposed and obtain related records.
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Terms Used In Tennessee Code 68-211-1104

  • Board: means the underground storage tanks and solid waste disposal control board. See Tennessee Code 68-211-1101
  • Commissioner: means the commissioner of environment and conservation, or the commissioner's designee. See Tennessee Code 68-211-1101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Waste tires: means tires that have been previously used in the regular operation of a motor vehicle and have not been processed for beneficial end use or shredded for disposal. See Tennessee Code 68-211-1101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) If the commissioner finds that a provision of this part is not being carried out, and that effective measures are not being taken to comply with this part, then the commissioner may issue an order for correction to the responsible person. The order must be served by personal service or by registered mail.
(c) A person against whom an order of correction is issued may seek review of the order by filing with the commissioner a written petition setting forth the grounds and reasons for objection to the order and requesting a hearing before the board. The order issued by the commissioner becomes final and not subject to review unless the person named in the order files the written petition seeking review within thirty (30) days of the date of receipt of the order.
(d) A contested case hearing for a petition filed in accordance with subsection (c) must be conducted in accordance with§ 68-211-113(b).
(e) A person who violates a provision of this part or a rule, regulation, or standard adopted pursuant to this part is subject to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day for each day of violation.
(f) In addition to the civil penalty assessed in subsection (e), the commissioner may assess damages resulting from a person’s violation of this part. Damages may include reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land, and other property to its former condition.
(g) In addition to issuing an order and assessing penalties or damages under this section, the commissioner may institute legal proceedings to enjoin the violation of this part or a rule, regulation, or standard adopted pursuant to this part, and to enforce final orders in a court of competent jurisdiction. In such a suit, the court may grant a temporary or permanent injunction or restraining order. The proceedings must not be tried by jury.
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