Any responsible party who fails without sufficient cause to properly provide for removal of petroleum or remedial action upon order of the commissioner pursuant to this chapter may be liable to the state for a penalty in an amount equal to one hundred fifty percent (150%) of the amount of any costs incurred by the fund as a result of such failure to take proper action. The commissioner may recover this penalty in an action commenced under § 68-215-115 or in a separate civil action, and such penalty shall be in addition to any costs recovered from such responsible party pursuant to this chapter. Any penalty awarded pursuant to this section shall be deposited into the fund.
Structure 2021 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Chapter 215 - Tennessee Petroleum Underground Storage Tank Act
§ 68-215-103. Chapter Definitions in Addition to the Definitions in § 68-215-201
§ 68-215-104. Unlawful Actions
§ 68-215-105. Minimum Requirements for Tanks
§ 68-215-108. Proprietary Information
§ 68-215-110. Petroleum Underground Storage Tank Fund — Environmental Assurance Fee
§ 68-215-116. Failure to Take Proper Action
§ 68-215-117. Immunity From Liability — Exceptions
§ 68-215-118. Compliance by Governmental Entities