reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-304 - Failure to comply with order

If any person fails to comply with the order and within the time affixed by the order, then the commissioner shall cause such radiation sources to be removed and properly disposed of or the dangerous situation otherwise remedied at the expense of such person.
Acts 1974, ch. 678, § 4; 1982, ch. 693, § 4; T.C.A., § 53-3317; Acts 1986, ch. 569, § 7; T.C.A., § 68-23-304.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-305 - Payment of expense of removal or correction

If such person within thirty (30) days thereafter fails, neglects or refuses to pay the department the expense thereby incurred by it, the commissioner shall certify the expense to the commissioner of finance and administration for payment.
Acts 1974, ch. 678, § 5; T.C.A., § 53-3318; Acts 1986, ch. 569, § 8; T.C.A., § 68-23-305.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-306 - Unpaid expense as lien on property - Filing and registration of lien

(a)
The expense so paid, together with twenty-five percent (25%) penalty thereon, shall be a lien on the property, including the real estate on which the property is located, and except the lien for taxes assessed and due the state, county and city wherein the property is located.
(b)
In order to make the lien against the property valid and binding, the commissioner shall, immediately upon serving the order, file a copy in the register's office of the county where the property is located and cause the same to be registered. The order so registered shall be notice to all parties.
Acts 1974, ch. 678, §§ 6, 8; T.C.A., §§ 53-3319, 68-23-306.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-307 - Legal proceedings to enforce lien

The commissioner is authorized to institute legal proceedings, within thirty (30) days after such nonpayment, to enforce the lien in any court of record, and the commissioner may join one (1) or more parties occupying the same or different premises in the same action.
Acts 1974, ch. 678, § 7; T.C.A., §§ 53-3320, 68-23-307.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-308 - Other radiation laws not repealed

This part shall not be construed as repealing any laws of this state relating to radiation sources or radiation protection.
Acts 1974, ch. 678, § 10; T.C.A., §§ 53-3322, 68-23-308.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-309 - Civil and criminal penalties

(a)
Any person violating any of this part, any order issued in accordance with this part or any rule, regulation or standard adopted pursuant to this part commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense.
(b)
Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person shall also be liable for any damages to the state resulting from such violation.
(1)
Any civil penalty or damages shall be assessed in the following manner:
(A)
The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law;
(B)
Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment;
(C)
If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final;
(D)
Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and
(E)
The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(2)
In assessing a civil penalty, the following factors may be considered:
(A)
The harm or potential harm done to the public or the environment;
(B)
The economic benefit gained by the violators;
(C)
The amount of effort put forth by the violator to attain compliance;
(D)
Any unusual or extraordinary enforcement cost incurred by the state; and
(E)
The need for an economic deterrent from future violations.
(3)
Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
Acts 1982, ch. 693, § 6; T.C.A., § 53-3338; Acts 1989, ch. 591, § 111; T.C.A., § 68-23-309.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-310 - Injunctions

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury.
Acts 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-310.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 3 - RADIATION SOURCE INSPECTION (§§ 68-202-301 — 68-202-311) › Section 68-202-311 - Show cause meetings - Written complaints - Emergency orders

(a)
Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served.
(c)
Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.
Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-311.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-403 - Sufficiency of bond

An acceptable bond shall be a bond issued by a fidelity or surety company authorized to do business in this state, a personal bond supported by such collateral as the commissioner shall deem to be satisfactory, or a cash bond in an amount to be determined by the commissioner.
Acts 1976, ch. 475, § 3; T.C.A., §§ 53-3325, 68-23-402.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-404 - Payment and life of bond

(a)
The bonds obtained by specific licensees shall be payable to the state of Tennessee and shall remain effective for a reasonable period of time, to be determined by the commissioner, following the expiration of the license covered by the bond.
(b)
The commissioner may revoke any existing specific license or withhold the issuance of a new specific license pending the furnishing by the applicant of an acceptable bond.
Acts 1976, ch. 475, § 4; T.C.A., §§ 53-3326, 68-23-404.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-405 - Forfeiture and disposition of bond - Trust fund

(a)
At any time during the life of a bond, the commissioner may order forfeiture of the bond based upon the commissioner's determination of abandonment, insolvency, or other inability of the specific licensee to perform to the satisfaction of the commissioner.
(b)
All forfeited bonds shall be deposited in a special account in the name of the state entitled "the radiation reclamation trust fund."
(c)
All moneys deposited in such fund may be expended by the commissioner as the commissioner considers necessary to assure the protection of the public health, safety or welfare.
(d)
Following the decontamination, removal and disposal of radioactive sources, and the reclamation of the premises, any funds remaining from the forfeited bond shall accrue to the state and shall not be refundable to the specific licensee.
(e)
The moneys which are deposited in the radiation reclamation trust fund and the perpetual care trust fund shall not be used for normal operating expenses of the department but shall be expended only for the decontamination, the removal and disposal of radioactive materials, the reclamation of sites or facilities, and the perpetual care and surveillance of sites or facilities where the specific licensee has abandoned, defaulted, or otherwise refused to perform the above services to the satisfaction of the commissioner.
(f)
Moneys accumulated in the radiation reclamation trust fund or the perpetual care trust fund may be transferred by the commissioner whenever it is determined by the commissioner that the transfer of such funds is required to provide services at abandoned, inoperative, decommissioned facilities, or at contaminated sites to protect the public health, safety or welfare.
Acts 1976, ch. 475, § 5; T.C.A., §§ 53-3327, 68-23-405.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-406 - Notice of hearing and procedure

The commissioner shall inform a specific licensee in writing delivered by certified mail of the commissioner's determination pursuant to §
68-202-402
or §
68-202-405
and the reasons therefor, including references to any radiological surveys which may have been conducted by the department. If the licensee objects to the determination made by the commissioner pursuant to §
68-202-405
, the licensee may, within thirty (30) days, file a written request for a hearing before the commissioner, which shall be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1976, ch. 475, § 6; 1982, ch. 693, § 5; T.C.A., §§ 53-3328, 68-23-406.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-407 - Donations

(a)
In addition, the state may acquire voluntary contributions, donations, or other transfers from the specific licensee, or third persons, including other governmental agencies, in order to provide the necessary services to protect the public health, safety or welfare at contaminated sites or at abandoned, inoperative, or decommissioned facilities owning, storing, or otherwise possessing radioactive materials. Any such transfer of cash, land, or other assets is subject to the approval and acceptance of the donation by the commissioner.
(b)
In the event that a person or entity licensed by a governmental agency, other than the state of Tennessee, should ever attempt to transfer an abandoned, inoperative, or decommissioned facility owning, storing, or otherwise possessing radioactive materials to the custody of the state of Tennessee, the commissioner shall require that the person transferring the facility make a lump sum contribution to the radiation reclamation trust fund or the perpetual care trust fund pursuant to §
68-202-402
in an amount to be determined by the commissioner by rule, regulation, or order based upon the rule or regulation.
Acts 1976, ch. 475, § 7; T.C.A., §§ 53-3329, 68-23-407.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-408 - Accrual of trust funds

The funds deposited in the radiation reclamation trust fund and the perpetual care trust fund shall accrue at the best possible rate of interest so as to defray the anticipated expenses of providing the necessary services to protect the public health, safety or welfare.
Acts 1976, ch. 475, § 8; T.C.A., §§ 53-3330, 68-23-408.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-409 - Commissioner's authority

The commissioner may enter into leases, licenses, or contracts with any person to furnish the requisite services and products for decontamination, reclamation, source removal and disposal, surveillance, and perpetual care over an abandoned, inoperative, or decommissioned facility in order to protect the public health, safety or welfare. Any lessee, licensee, or contractor operating under this section may be required to post a bond in an amount to be determined by the commissioner under this part.
Acts 1976, ch. 475, § 9; T.C.A., §§ 53-3331, 68-23-409.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-410 - Ownership of facilities and radioactive sources

(a)
Recognizing the uncertainty of the existence of a person or corporation in perpetuity and further recognizing the obligation of the state to protect the public health, safety and welfare, all lands, buildings, and assets acquired by the state under this part shall be held in fee simple absolute by the state and dedicated in perpetuity to the maintenance of the public health, safety or welfare.
(b)
All radioactive sources stored, possessed, or located on the facility at the time of acquisition of ownership by the state shall become the property of the state.
Acts 1976, ch. 475, § 10; T.C.A., §§ 53-3332, 68-23-410.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-411 - Power to sue

The forfeiture of a bond under §
68-202-405
is not the exclusive remedy of the state and proceedings may be instituted to recover expenditures made by the department which were in excess of the forfeited bond and other deposits made by the specific licensee. Upon approval by the attorney general and reporter, the staff attorneys of the department may, under supervision of the attorney general and reporter, represent the department in any such action.
Acts 1976, ch. 475, § 11; T.C.A., §§ 53-3333, 68-23-411.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-412 - Exemptions

All state agencies and practitioners of the healing arts, except those holding radium 226 therapeutic licenses, are exempt from the requirements of this part. The commissioner is authorized to exempt by rule, regulation, or order based upon such rule or regulation, other classes of specific licensees from the requirements of this part upon the commissioner's determination that such exemption will not result in a risk to the public health, safety or welfare.
Acts 1976, ch. 475, § 12; T.C.A., §§ 53-3334, 68-23-412.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-413 - Rules and regulations

The commissioner shall adopt, promulgate, and enforce such rules and regulations as necessary to implement and enforce this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1976, ch. 475, § 13; T.C.A., §§ 53-3335, 68-23-413.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-414 - Provisions supplemental

This part is declared to be cumulative and is intended to supplement existing laws, and shall not be construed to repeal any existing law specifically enacted for the protection of the public health, safety or welfare.
Acts 1976, ch. 475, § 16; T.C.A., §§ 53-3337, 68-23-414.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-415 - Civil and criminal penalties

(a)
Any person violating any of this part, any order issued in accordance with this part or any rule, regulation or standard adopted pursuant to this part commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense.
(b)
Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person shall also be liable for any damages to the state resulting from such violation.
(1)
Any civil penalty or damages shall be assessed in the following manner:
(A)
The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law;
(B)
Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment;
(C)
If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final;
(D)
Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and
(E)
The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(2)
In assessing a civil penalty, the following factors may be considered:
(A)
The harm or potential harm done to the public or the environment;
(B)
The economic benefit gained by the violators;
(C)
The amount of effort put forth by the violator to attain compliance;
(D)
Any unusual or extraordinary enforcement cost incurred by the state; and
(E)
The need for an economic deterrent from future violations.
(3)
Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
Acts 1982, ch. 693, § 6; T.C.A., § 53-3338; Acts 1989, ch. 591, § 111; T.C.A., § 68-23-415.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-416 - Injunctions

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by the attorney general and reporter.
(1)
In such suits, the court may grant temporary or permanent injunctions or restraining orders.
(2)
Such proceedings shall not be tried by jury.
Acts 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-416.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 4 - RESTORATION OF FACILITIES (§§ 68-202-401 — 68-202-417) › Section 68-202-417 - Show cause meetings - Written complaints - Emergency orders

(a)
Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served.
(c)
Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.
Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-417.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 5 - MEDICAL RADIATION INSPECTION SAFETY ACT (§§ 68-202-501 — 68-202-508) › Section 68-202-501 - Short title

This part shall be known and may be cited as the "Medical Radiation Inspection Safety Act."
Acts 1982, ch. 946, § 2; T.C.A., §§ 53-3351, 68-23-501.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 5 - MEDICAL RADIATION INSPECTION SAFETY ACT (§§ 68-202-501 — 68-202-508) › Section 68-202-503 - Inspection of machines

(a)
All radiation machines required to be registered as provided in this part shall be inspected on the following basis:
CLASS I - Once every four (4) years
CLASS II and V - Once every two (2) years
CLASS III, IV, VI, and VII - Annually.
(b)
Registrants obtaining the services of a qualified individual for inspections pursuant to this part shall pay a fee of eighteen percent (18%) of the fee established pursuant to chapter 203 of this title; provided, that an inspection is performed by a qualified individual and the inspection and the inspection report meet the requirements of the department's rules and the report is filed within sixty (60) days of the inspection. Such reduction shall not apply to any initial certified registration review fee. Such inspections by a qualified individual may be accepted by the department as the required inspection; however, such inspection shall be subject to a random survey inspection by the department for maintaining quality assurance or enforcement action. The department will develop a protocol for Class II inspections performed by the department to take into consideration requested or restricted hours for such inspection when such information is provided in writing to the department at the time of annual registration.
(c)
For the purposes of this part, a "qualified individual" is one who has demonstrated to the satisfaction of the department that such individual possesses the knowledge and training to measure ionizing radiation, to evaluate safety techniques, and to advise regarding radiation protection needs.
(d)
X-ray machines owned and used by public safety agencies of any county, city, municipality or any area operating under a metropolitan form of government shall be registered and inspected by the department according to this part, but shall not be required to pay any fee.
Acts 1982, ch. 946, § 4; T.C.A., § 53-3353; Acts 1988, ch. 692, § 1; T.C.A., § 68-23-503; Acts 2002, ch. 755, §§ 1, 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 5 - MEDICAL RADIATION INSPECTION SAFETY ACT (§§ 68-202-501 — 68-202-508) › Section 68-202-504 - Annual registration

Every qualified individual and every person who assembles, installs, or services radiation machines shall register annually with the department.
Acts 1993, ch. 143, § 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 5 - MEDICAL RADIATION INSPECTION SAFETY ACT (§§ 68-202-501 — 68-202-508) › Section 68-202-507 - Injunctions

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department of environment and conservation, by the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury.
Acts 1982, ch. 693, § 7; T.C.A., §§ 53-3339, 68-23-507.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 5 - MEDICAL RADIATION INSPECTION SAFETY ACT (§§ 68-202-501 — 68-202-508) › Section 68-202-508 - Show cause meetings - Written complaints - Emergency orders

(a)
Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner or the commissioner's designee may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner or the commissioner's designee. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served.
(c)
Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.
Acts 1982, ch. 693, § 8; T.C.A., §§ 53-3340, 68-23-508.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 6 - SOUTHERN STATES NUCLEAR COMPACT (§§ 68-202-601 — 68-202-604) › Section 68-202-602 - Governor to appoint board member - Travel expenses

(a)
The board member from Tennessee shall be appointed by the governor and shall serve until such board member's successor is duly appointed. The member may name the director of the industrial development division of the department of economic and community development or another person as the board member's deputy or assistant.
(b)
All reimbursement for travel expenses by Tennessee board members shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1961, ch. 104, § 2; 1976, ch. 806, § 1(84); modified; T.C.A., §§ 53-3502, 68-23-602.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 6 - SOUTHERN STATES NUCLEAR COMPACT (§§ 68-202-601 — 68-202-604) › Section 68-202-603 - Governor to provide funds before expenditure

Any supplementary agreement entered into under Article VI of the compact requiring the expenditure of funds shall not become effective as to the state until the required funds are provided for by the governor.
Acts 1961, ch. 104, § 3; T.C.A., §§ 53-3503, 68-23-603.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 6 - SOUTHERN STATES NUCLEAR COMPACT (§§ 68-202-601 — 68-202-604) › Section 68-202-604 - Cooperation of state with board

The departments, agencies and officers of this state and its subdivisions are authorized to cooperate with the board in the furtherance of any of its activities pursuant to the compact.
Acts 1961, ch. 104, § 4; T.C.A., §§ 53-3504, 68-23-604.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 7 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (§§ 68-202-701 — 68-202-709) › Section 68-202-702 - Appointment of commission members

The commission members from Tennessee shall be appointed by the governor and shall serve until their successors are duly appointed.
Acts 1982, ch. 843, § 2; T.C.A., §§ 53-7102, 68-23-702.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 7 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (§§ 68-202-701 — 68-202-709) › Section 68-202-703 - Reimbursement for travel expenses

All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1982, ch. 843, § 2; T.C.A., §§ 53-7103, 68-23-703.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 7 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (§§ 68-202-701 — 68-202-709) › Section 68-202-704 - Cooperation of state with compact commission

The departments, agencies and officers of this state and its subdivisions are authorized to cooperate with the compact commission in the furtherance of any of its activities pursuant to the compact.
Acts 1982, ch. 843, § 3; T.C.A., §§ 53-7104, 68-23-704.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 7 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (§§ 68-202-701 — 68-202-709) › Section 68-202-705 - Commissioner's authority - Rules and regulations

The commissioner is authorized to promulgate rules and regulations as are necessary to effectuate the policies of the commission or this part. Rules and regulations shall include, but are not limited to, requirements and standards regarding the generation, processing, packaging, storage and transportation of low-level radioactive waste.
Acts 1993, ch. 143, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 7 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (§§ 68-202-701 — 68-202-709) › Section 68-202-706 - Inspections and examinations

The commissioner or the commissioner's duly authorized representative is authorized to make inspections and examinations of the radiation sources which are subject to this part as the commissioner may deem proper, and for this purpose shall have the right to enter, at any reasonable hour, upon any premises for inspection or examination. Any person obstructing entry is in violation of this part.
Acts 1993, ch. 143, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 7 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (§§ 68-202-701 — 68-202-709) › Section 68-202-707 - Violation - Penalty

(a)
Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part, or who fails to pay a lawfully levied fee, is subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day the violation continues constitutes a separate violation, and the person is also liable for any damages to the state resulting therefrom.
(b)
Any civil penalty or damages shall be assessed in the following manner:
(1)
The commissioner or the commissioner's designee may issue an assessment against any person responsible for the violation or damages. This person shall receive notice of the assessment by certified mail, return receipt requested, or by any other method authorized by law;
(2)
Any person against whom an assessment has been issued may request a hearing before the commissioner, or the commissioner's designee, for a review of the assessment;
(3)
If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator is deemed to have consented to the assessment, and it becomes final;
(4)
Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on the judgment. The court, in the proceeding, shall treat the failure to appeal the assessment as a confession of judgment in the amount of the assessment; and
(5)
The commissioner may institute a proceeding for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.
(c)
In assessing a civil penalty, the following factors may be considered:
(1)
The harm or potential harm done to the public or the environment;
(2)
The economic benefit gained by the violators;
(3)
The amount of effort put forth by the violator to attain compliance;
(4)
Any unusual or extraordinary enforcement cost incurred by the state; and
(5)
The need for an economic deterrent from future violations.
(d)
Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
Acts 1993, ch. 143, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 7 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (§§ 68-202-701 — 68-202-709) › Section 68-202-708 - Injunctions - Restraining orders

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has occurred, or is about to occur, in the name of the department by the attorney general and reporter. In these suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall be tried by jury.
Acts 1993, ch. 143, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 202 - ATOMIC ENERGY AND NUCLEAR MATERIALS (§§ 68-202-101 — 68-202-709) › Part 7 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (§§ 68-202-701 — 68-202-709) › Section 68-202-709 - Show cause meetings - Complaint - Emergency orders

(a)
Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner or the commissioner's designee may request that the person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provisions or provision of this part or regulations or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in the order and shall inform the violators of the opportunity for a hearing before the commissioner or the commissioner's designee. Any order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date the order is served.
(c)
Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with the order is required, notwithstanding any request for a hearing.
Acts 1993, ch. 143, § 6.