Tennessee Code Annotated

Tenn. Code Ann. § 69-3-118 (2026)

Other remedies

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

(a)
- (1) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named in the complaint, promptly investigate the allegations contained in the complaint, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of the action or determination within ninety (90) days from the date of the commissioner's receipt of the written complaint.
- (2) If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing, which will be conducted pursuant to § 69-3-110. The appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner.
- (3) If the commissioner fails to take the action stated in the notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure.
- (4) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing up the complaint.

(b) The penalties, damages, and injunctions provided for in §§ 69-3-115 - 69-3-119 are intended to provide additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the state. Nothing contained in this section shall be construed to abridge or alter rights of action or remedies in equity or under common law or statutory law, criminal or civil, nor shall any provision of §§ 69-3-115 - 69-3-117 or this section, or any act done by virtue thereof, be construed as estopping the state or any municipality or person, as riparian owners or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances, to abate pollution, or to recover damages resulting from such pollution.

(c) The board, department or its officials and employees acting in their official capacity shall not be considered "persons" pursuant to this section.

Acts 1971, ch. 164, § 17; 1971, ch. 386, § 8; 1977, ch. 366, § 1; T.C.A., § 70-340; Acts 1984, ch. 804, § 10.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1997–2024 · leading case: E. Ron Pickard v. Tennessee Water Quality Control Bd., 424 S.W.3d 511 (Tenn. 2013).

Sort: Relevance Newest Treatment

E. Ron Pickard v. Tennessee Water Quality Control Bd., 424 S.W.3d 511 (Tenn. 2013). · cites it 7× “§ 4-5-223 or by filing a pollution complaint under Tenn.Code Ann. § 69-3-118 (2012). These remedies proved to be cumbersome and inefficient.”

Ergon, Inc. v. Amoco Oil Co., 966 F. Supp. 577 (W.D. Tenn. 1997). · cites it 2× “and powers granted under the Tennessee Water Control Act are similar to the Solid Waste Disposal Act: the Water Control Act contains no provision for private actions; the language gives all enforcement power to the commissioner; damages flow into the state coffers; and the only…”

Rudolph Jones, Jr. Susan Jones Tandy Jones Gilliland v. City of Lakeland, Tennessee, a Tennessee Mun. Corp., 224 F.3d 518 (6th Cir. 2000). “Thus, TDEC attempts to artfully invoke the protection of a “diligent prosecution” of an ongoing enforcement action while its unilateral discretionary authority permits it to declare citizen or public participation “duplicitous or frivolous,” Tenn.Code Ann. § 69-3-118-(a)(1), so…”

Jamesway Constr., Inc. v. David W. Salyers, P.E. (Dissenting) (Tenn. Ct. App. 2024). “…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 §§ 4-5-301(a)(2) and…”

— Tenn. Code Ann. § 69-3-118(a) — 2 cases

E. Ron Pickard v. Tennessee Water Quality Control Bd., 424 S.W.3d 511 (Tenn. 2013). “§ 4-5-223 or by filing a pollution complaint under Tenn.Code Ann. § 69-3-118 (2012). These remedies proved to be cumbersome and inefficient.”

Ergon, Inc. v. Amoco Oil Co., 966 F. Supp. 577 (W.D. Tenn. 1997). “and powers granted under the Tennessee Water Control Act are similar to the Solid Waste Disposal Act: the Water Control Act contains no provision for private actions; the language gives all enforcement power to the commissioner; damages flow into the state coffers; and the only…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.