68-212-215 - Enforcement. - Tennessee Statutes

68-212-215. Enforcement.

(a)  The commissioner shall exercise general supervision over the administration and enforcement of this part.

(b)  The commissioner is authorized in administering this part, to utilize enumerated powers in chapter 211 of this title and part 1 of this chapter, to investigate, identify, and provide for reasonable and safe containment and clean up, including monitoring and maintenance, of inactive hazardous substance sites.

(c)  If any provision of this part is not being carried out, or if effective measures are not being taken to comply with provisions of this part, the commissioner may issue an order for correction to the appropriate person, and this order shall be complied with within the time limit specified in the order. Such order shall be made by personal service or shall be sent by registered mail. Additionally, an order requiring the filing of land use restrictions, issued pursuant to § 68-212-225, may be constructively served on unidentified or unknown owners by publication of a notice of the order in a newspaper in general circulation in the county in which the property subject to the order is located.

(d)  Any person against whom an order is issued may secure a review in accordance with § 68-212-113 and title 4, chapter 5, part 3. Any person failing, neglecting, or refusing to comply with any order of the commissioner or the board shall be subject to the civil and criminal penalties provided in § 68-212-213.

(e)  In addition to any other enumerated powers in chapter 211 of this title and part 1 of this chapter, the board is empowered  to adopt and enforce rules and regulations in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part, to hear appeals from orders or assessments issued by the commissioner pursuant to this part, and to issue orders for enforcement of this part.

(f)  (1)  Whenever any order or assessment under this section has become final, a notarized copy of the order or assessment may be filed in the office of the clerk of the chancery court of Davidson County.

     (2)  When filed in accordance with subdivision (f)(1), a final order or assessment shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited therein. Such judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of the judgment and the effect thereof shall be the same as provided in title 26, chapter 6.

     (3)  (A)  A judgment under subdivision (f)(2) shall become final on the date of entry, if the final order or assessment resulting in the judgment is from the board.

          (B)  If the final order or assessment resulting in the judgment under subdivision (f)(2) is from the commissioner, within forty-five (45) days after entry of the judgment, any citizen shall have the right to intervene on the ground that the penalties or remedies provided are inadequate or are based on erroneous findings of facts. Upon receipt of a timely motion for intervention, the court shall determine whether it is duplicitous or frivolous, and shall notify the movant and the parties of its determination. If the motion is determined not to be duplicitous or frivolous, all parties shall be considered to have sought review of the final order or assessment, and the court shall proceed in accordance with § 4-5-322. If no timely motion for intervention is filed, or if any such motion is determined to be duplicitous or frivolous, the judgment shall become final forty-five (45) days after the date of entry.

     (4)  A final judgment under this subsection has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state.

[Acts 1983, ch. 423, § 15; 1988, ch. 559, § 6; 1989, ch. 321, § 8; T.C.A., § 68-46-215; Acts 2007, ch. 362, §§ 26, 27.]