Tennessee Code Annotated
Tenn. Code Ann. § 69-3-116 (2026)
Damages to the state
✓ current as of May 2026
- (a) The commissioner may assess the liability of any polluter or violator for damages to the state resulting from any person's pollution or violation, failure, or neglect in complying with any rules, regulations, or standards of water quality promulgated by the board or permits, including failure by an in-lieu fee sponsor to timely complete land acquisition and initial physical and biological improvements, or orders issued pursuant to this part.
- (b) If an appeal from such assessment is not made to the board by the polluter or violator within thirty (30) days of notification of such assessment, the polluter or violator shall be deemed to have consented to such assessment and it shall become final.
- (c) Damages may include any expenses incurred in investigating and enforcing this part, in removing, correcting, and terminating any pollution, and also compensation for any loss or destruction of wildlife, fish, or aquatic life and any other actual damages caused by the pollution or violation.
- (d) Whenever any assessment has become final because of a person's failure to appeal within the time provided, 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.
Amended by 2021 Tenn. Acts, ch. 208, s 2, eff. 4/22/2021.
Acts 1971, ch. 164, § 15; 1977, ch. 366, § 1; T.C.A., § 70-338.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1988–2024 · leading case: Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303 (Tenn. 2009).
Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303 (Tenn. 2009). “filed), the Court of Appeals held that the statutory language “[d]amages may include any expenses incurred in investigating and enforcing this part,” found in the Tennessee Water Quality Control Act, Tenn.Code Ann. § 69-3-116(c) (1987), created a right to recover “the expense of…”
Word v. Com. Oil Co., 847 F.2d 291 (6th Cir. 1988). “See Tenn.Code Ann. § 69-3-116(c). Under § 69-3-115(a)(2)(D), penalties for violation of the Act may be assessed in light of such factors as whether the penalty imposed will be a substantial economic deterrent to the illegal activity, the amount of damage to the environment and…”
Kay Armstrong v. Kevin C. Morrison (2019). “filed), the Court of Appeals held that the statutory language “[d]amages may include any expenses incurred in investigating and enforcing this part,” found in the Tennessee Water Quality Control Act, Tenn. Code Ann. § 69-3-116 (c) (1987), created a right to recover “the expense…”
Jamesway Constr., Inc. v. David W. Salyers, P.E. (Dissenting) (Tenn. Ct. App. 2024). “…Quality Control Act, “[a]ny hearing brought before the board pursuant to § 69- 3-105(i), § 69-3-109, § 69-3-115, § 69-3-116, or § 69-3-118 shall be conducted as a contested case. The hearing shall be heard before an administrative judge sitting alone pursuant to §§…”
— Tenn. Code Ann. § 69-3-116(c) — 2 cases
Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303 (Tenn. 2009). “filed), the Court of Appeals held that the statutory language “[d]amages may include any expenses incurred in investigating and enforcing this part,” found in the Tennessee Water Quality Control Act, Tenn.Code Ann. § 69-3-116(c) (1987), created a right to recover “the expense of…”
Word v. Com. Oil Co., 847 F.2d 291 (6th Cir. 1988). “See Tenn.Code Ann. § 69-3-116(c). Under § 69-3-115(a)(2)(D), penalties for violation of the Act may be assessed in light of such factors as whether the penalty imposed will be a substantial economic deterrent to the illegal activity, the amount of damage to the environment and…”
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