Section 68-212-213 - Violations - Criminal and civil penalties(a) Any person who:(1) Fails, neglects, or refuses to comply with a land use restriction filed pursuant to § 68-212-225;(2) Fails to pay the fees authorized by this part;(3) Fails to file any reports, records or documents required pursuant to this part;(4) Fails, neglects, or refuses to comply with any provision of this part, a regulation promulgated under this part or an order issued pursuant to this part;(5) Fails to provide information requested by the commissioner in the administration of this part; or(6) Knowingly gives or causes to be given any false information in any reports, records, or documents required pursuant to this part; commits a Class B misdemeanor. In addition, such person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) and, if appropriate, the original fee plus interest. Each day such violation continues constitutes a separate offense.
(b) In assessing a civil penalty, the following factors may be considered:(1) The harm done to the public health or the environment;(2) The economic benefit gained by the violators;(3) The amount of effort put forth by the violator to obtain compliance; and(4) Any unusual or extraordinary enforcement costs incurred by the commissioner.Acts 1983, ch. 423, § 13; 1986, ch. 644, § 18; Acts 1989, ch. 591, § 112; T.C.A., § 68-46-213; Acts 2001, ch. 449, § 2; 2007 , ch. 362, §§ 23-25.