(a) When there is reason to believe that a person is violating, is about to violate, or has violated any of this chapter or any certificates or orders issued under this chapter, the commissioner may institute proceedings in the chancery court of Davidson County or the county in which the alleged violation occurred for injunctive relief to prevent continuance of such action or to correct the conditions resulting in or about to result from the violation, or both. The court shall grant the injunction without the necessity of showing a lack of adequate remedy at law upon a showing by the commissioner that such person is violating, is about to violate, or has violated one (1) or more of the provisions of this chapter. In such suits, the commissioner may obtain permanent or temporary injunctions, prohibitory or mandatory, and restraining orders.
Terms Used In Tennessee Code 69-11-120
Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representatives, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 69-11-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Continuance: Putting off of a hearing ot trial until a later time.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
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.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Person: means any individual, firm, association, organization, partnership, business trust corporation, company, county, municipal or quasi-municipal corporation, public utility, utility or other district, the state of Tennessee and its departments, divisions, institutions, and agencies, and the duly authorized officers, agents, and representatives thereof, or any combination of any of the above. See Tennessee Code 69-11-102
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
(b) The commissioner may bring suit for injunctive enforcement of any order made by the commissioner when such order has become final and such person has failed to comply with the order. In such suits, all findings of fact contained in the order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner’s order. The order made by the commissioner in such cases shall be prima facie reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law.(c) Any suit for an injunction brought by the commissioner shall be filed in the chancery court of Davidson County or the county in which all or a part of the violation is or is about to occur, in the name of the department, by the district attorney general at the direction of the commissioner and under the supervision of the attorney general and reporter. Such proceedings shall not be tried by jury.(d) Appeals from judgments or decrees of the chancery court in proceedings brought under this chapter shall lie to the court of appeals despite the fact that controverted questions of fact may be involved.
