11-14-115 - Violations Penalties. - Tennessee Statutes

11-14-115. Violations Penalties.

(a)  Whoever violates, fails, neglects or refuses to obey any provisions of 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.

(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.

[Acts 1971, ch. 116, § 15; T.C.A., § 11-1715; Acts 1998, ch. 1080, § 6; 2001, ch. 56, § 7.]