Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-15 - Division of Remediation
Chapter 0400-15-03 - Drycleaner Environmental Response Program
Section 0400-15-03-.10 - ENFORCEMENT

Universal Citation: TN Comp Rules and Regs 0400-15-03-.10

Current through September 24, 2024

(1) Issuance of Order

(a) The Commissioner may enforce the provisions of the Act and this chapter by issuing to a person an order for payment of any appropriate fees, surcharges, and penalties authorized under the Act, and the order shall be complied with within the time limit specified. Such order shall be delivered by personal service or shall be sent by certified mail, return receipt requested.

(b) The Commissioner may enforce the provisions of the Act and this chapter by issuing to a person an order to revoke a facility's Certificate of Registration or withhold re-issuance for failure to follow the Best Management Practices in Rule 0400-15-03-.04 or for any other willful noncompliance with the Act and this chapter. Such order shall be delivered by personal service or shall be sent by certified mail, return receipt requested.

(c) The Commissioner may enforce the provisions of the Act and this chapter by issuing to a person an order to withdraw any favorable determination concerning an application for entry into the program. Such order shall be delivered by personal service or shall be sent by certified mail, return receipt requested.

(2) Appeal of Order

Any person against whom an order is issued may secure a review of the reasonableness, propriety, or amount of such order by filing with the Commissioner a written petition setting forth the grounds and reasons for the objection and asking for a hearing before the Commissioner. Any such order shall become final and not subject to review unless a petition is filed within 30 days after its receipt. Any hearing before the Commissioner on any petition filed under this paragraph shall be conducted as a contested case and shall be heard before an administrative judge sitting alone pursuant to T.C.A. §§ 4-5-301(a)(2) and 4-5-314(b).

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.

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