Tennessee Code Title 39. Criminal Offenses § 39-17-102

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) It is an offense for a person to unlawfully dispose of water carrying human waste, household or business waste, or to pipe or transmit raw sewage or the effluent from any septic tank or other system of any type, into or on public or private property.

(b) Each day of continued violation after conviction constitutes a separate offense.

(c) It is the duty of the local health officer to enforce the terms of this section, but this shall not be a duty exclusive only to local health officers.

(d)(1) Except as provided in subdivision (d)(2), an offense under this section is a Class C misdemeanor.

(2)(A) An offense under this section is a Class B misdemeanor if the person commits the offense while engaged in the business of removing accumulated wastes from subsurface sewage disposal systems, as defined in § 68-221-402.

(B) Upon a conviction for a violation of this section as described in subdivision (d)(2)(A), the court shall notify the commissioner of environment and conservation who shall suspend or revoke the person's permit to engage in the business of removing accumulated wastes from subsurface sewage disposal systems, or refuse to issue the person such permit, as follows:

(i) For a first violation, the commissioner shall suspend the person's permit, or refuse to issue the person such permit, as applicable, for a minimum of thirty (30) days, and may revoke the permit;

(ii) For a second violation, the commissioner shall suspend the person's permit, or refuse to issue the person such permit, as applicable, for a minimum of ninety (90) days, and may revoke the permit; and

(iii) For a third or subsequent violation, the commissioner shall permanently revoke the person's permit or permanently refuse to issue the person a permit, as applicable.

(3) This section does not limit the commissioner's authority to suspend or revoke a permit under § 68-221-403, or rules promulgated under that section. Suspension or revocation under this section must be conducted as a summary action under § 4-5-320(c).

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Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-17-102 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-102/

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