Tennessee Code Title 68. Health, Safety and Environmental Protection § 68-221-413

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

(a)(1) Except as provided in subdivision (a)(2), a violation of this part or rules promulgated pursuant to this part is a Class C misdemeanor.

(2)(A) An offense under § 68-221-406(a)(7) involving the unlawful disposal of sewage or effluent from a subsurface sewage disposal system 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.

(B) Upon a conviction for a violation of § 68-221-406(a)(7) as described in subdivision (a)(2)(A), the court shall notify the commissioner 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 any rules promulgated under that section. Suspension or revocation under this section must be conducted as a summary action under § 4-5-320(c).

(b) It is the duty of the district attorney general in whose district a violation occurs to assist the commissioner in prosecuting such violations.

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Cite this article: FindLaw.com - Tennessee Code Title 68. Health, Safety and Environmental Protection § 68-221-413 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-68-health-safety-and-environmental-protection/tn-code-sect-68-221-413/

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