68-212-113 - Review of orders Judicial review. - Tennessee Statutes

68-212-113. Review of orders Judicial review.

(a)  (1)  Any person against whom an order is issued may secure a review of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons named therein shall file such petition for a hearing before the board no later than thirty (30) days after the date such order is served.

     (2)  (A)  Any person whose permit application for a hazardous waste transportation, storage, treatment or disposal facility is denied by the commissioner may secure a review of the commissioner's denial by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's denial and requesting a hearing before the board. Any denial of a permit application shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after notice of denial is served.

          (B)  Notwithstanding the provisions of subdivision (a)(2)(A) to the contrary, any person aggrieved by a final decision of the commissioner concerning the permitting of any commercial hazardous waste transportation, storage or disposal facility may petition the board for review. Review proceedings may be instituted by filing with the commissioner a written petition within thirty (30) days after publication of the commissioner's final decision. Upon receipt of any such petition, the commissioner shall transmit to the board a copy of the record of the commissioner's decision. This record shall consist of the permit application, copies of notices required by this chapter, geological and other technical reports, comments received from the permit applicant and the public, and the department's evaluation of all of the preceding. The hearing before the board shall be a de novo hearing. Notwithstanding any law to the contrary, the board shall schedule and conduct such hearing in the county where the facility or site is proposed to be located. The board may affirm, reverse or modify the commissioner's decision. As used in this subdivision, “person aggrieved” is limited to persons applying for permits, persons who own property or live within a three (3) mile radius of the facility or site that is proposed for permitting, cities and counties which have authority to submit reports pursuant to § 68-212-108(f), and any resident of any such city or county. Judicial review of the board's determination shall be in the manner prescribed in § 4-5-322; provided, that the court in its discretion shall have the authority to review additional material evidence necessary to the judicial review of the board's determination. Notwithstanding any law to the contrary, the court conducting the judicial review shall be the chancery court for the county in which the facility or site is proposed to be located.

     (3)  In the event the commissioner fails to take any action on a permit application or proposed amendment to a permit for a hazardous waste transportation, storage, treatment, or disposal facility within forty-five (45) days of submission to the proper authority, the person having submitted such application may appeal to the board as though the application was denied. The petition shall recite the failure of the commissioner to act on the application. No permit shall be issued by the commissioner except in a manner pursuant to this part or regulations promulgated pursuant to this part.

(b)  The hearing before the board shall be in accordance with the rules and procedures adopted by the board pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Following such hearing, the board shall issue a final order, which sustains, modifies, reverses or revokes the commissioner's action, also in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(c)  An appeal may be taken from any final order or other final determination of the board by any party, including the department, who is or may be adversely affected thereby to the chancery court of Davidson County. The chancery court of Davidson County shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part; provided, that the judicial review of any final decision of the board shall be made pursuant to the procedures established and set forth in title 4, chapter 5.

[Acts 1977, ch. 175, § 12; 1979, ch. 410, § 7; 1980, ch. 899, § 15; T.C.A., § 53-6313; Acts 1984, ch. 577, § 10; 1985, ch. 337, § 4; 1988, ch. 559, § 3; 1989, ch. 321, § 11; 1989, ch. 552, § 7; T.C.A., § 68-46-113.]