The commissioner has the power to:

(1) Promulgate rules and regulations as the commissioner deems reasonable and necessary to effectuate the purposes of this chapter. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;

Terms Used In Tennessee Code 69-10-106

  • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation. See Tennessee Code 69-10-101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Department: means the department of environment and conservation. See Tennessee Code 69-10-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Well: means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well. See Tennessee Code 69-10-101
(2) Exercise general supervision over the administration and enforcement of this chapter and all rules and regulations promulgated under this chapter;
(3) Make inspections and investigations, collect samples, carry on research, or take such other action as may be necessary to carry out this chapter, rules and regulations issued pursuant to this chapter, and any orders that the commissioner may issue;
(4) Enter or authorize the commissioner’s agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of the provisions of this chapter;
(5) Bring suit in the name of the department for any violation of this chapter, rules and regulations, and orders of the commissioner seeking any remedy provided in such chapter, rules and regulations, and orders, as well as, any other statutory or common law remedy provided in statutory or common law;
(6) Assess civil penalties for violation of any provision of this chapter or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this chapter;
(7) Issue orders as may be necessary to secure compliance with this chapter, as well as the rules and regulations adopted pursuant to this chapter;
(8) Investigate any alleged or apparent violation of this chapter and to take any action authorized under this chapter as the commissioner deems necessary to enforce this chapter;
(9) Issue licenses as provided by this chapter;
(10) Establish standards for installation of pumps and treatment devices and establish standards for the proper drilling, construction, maintenance, and closure by well drillers, including, but not limited to, the casing, perforating, plugging, cementing, and capping of wells and for maintenance of water wells and geothermal wells by well owners; and
(11) Require corrective action, including closure, of all inactive wells or improperly constructed or maintained wells that have caused or will cause harm to ground water.
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