Counties and Municipalities — Powers — Violation of Ordinances or Resolutions — Penalty — Injunctive Relief

  1. Law
  2. Tennessee Code
  3. Health, Safety and Environmental Protection
  4. Solid Waste Disposal
  5. Solid Waste Authority Act of 1991
  6. Counties and Municipalities — Powers — Violation of Ordinances or Resolutions — Penalty — Injunctive Relief

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  1. Any county or municipality with respect to which the authority was organized has all necessary powers in order to further the purposes of this part, including, without limitation, the power to:
    1. Provide that any funds available to it for solid waste or resource recovery purposes shall be paid directly to the authority; and
    2. Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing solid waste disposal or resource recovery facility or other related property, or grant easements, licenses or other rights or privileges therein to the authority.
  2. The governing body of each county or municipality participating in the organization of the authority may appropriate general funds or unappropriated moneys from any other fund, to pay expenses of the authority or provide for the operation of any of the projects, facilities and systems authorized by this part, and each such governing body may levy a tax, in addition to all other taxes, upon all taxable property within the respective county or municipality, sufficient to pay such appropriation to the authority. Any such tax on property shall be collected in the same manner as other property taxes of the county or municipality are collected and, similarly, all laws for the enforcement of county and municipal tax liens shall apply.
  3. Any person who willfully violates any of the ordinances or resolutions passed by any of the municipalities or any county or counties with respect to which the authority was organized or willfully fails, neglects or refuses to comply with such ordinances or resolutions commits a Class A misdemeanor. Each day of continued violation constitutes a separate offense.
  4. In addition to the penalties provided herein, the municipalities and any county or counties with respect to which the authority was organized may enforce any ordinances, resolutions or contracts issued or entered into to carry out this section by instituting legal proceedings to enjoin the violation of this section, in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation of this section.


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