(a) Any person against whom an order is issued may secure a review of the necessity for or reasonableness of any order of the department by filing with the department a sworn petition, setting forth the grounds and reasons for such person’s objections and asking for a hearing of the matter involved.
Terms Used In Tennessee Code 68-221-106
Commissioner: means the commissioner of environment and conservation or the commissioner's authorized agent. See Tennessee Code 68-221-101
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Department: means the department of environment and conservation through its executive officer, the commissioner of environment and conservation, or the commissioner's legally designated representative. See Tennessee Code 68-221-101
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Person: means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country. See Tennessee Code 68-221-101
Waterworks system: means the source of supply and all structures and appurtenances used for the collection, treatment, storage and distribution of water delivered to the consumers. See Tennessee Code 68-221-101
(b) The department shall thereupon fix the time and place for such hearing and shall notify the petitioner thereof. At such hearing, the petitioner, and any other interested party, may appear, present witnesses, and submit evidence. Following such hearing, the final order of determination of the department shall be conclusive; provided, that such final order of determination may be reviewed in any court of competent jurisdiction upon petition therefor, filed within fifteen (15) days after such final order of determination has been issued. All such hearings shall be held in the county where the waterworks and/or sewerage system affected is located and, if such system is located within any incorporated town, then such hearing shall be held at a public place in such town, and the hearing shall be a public hearing.(c) The chancery court of the county wherein such system is located shall have exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part, whether such proceedings shall be instituted by the department, the waterworks system, the sewerage system or any company, corporation, municipality or individual authorized to institute such review proceedings.(d) The commissioner may cause to be instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of any order issued pursuant to § 68-221-105, or to prevent violation of any provision of this part, or any rule or regulation promulgated pursuant to this part.
