§ 69-11-101. Short Title
This chapter shall be known as and may be cited as the “Safe Dams Act of 1973.”
§ 69-11-102. Chapter Definitions
As used in this chapter, unless the context requires otherwise: “Alterations,” or “repairs,” or either of them, means only such alterations or repairs that may affect the safety of the dam or reservoir, as determined by the commissioner; “Commissioner” means the commissioner of environment and conservation, the commissioner’s duly authorized representatives, and in the event […]
§ 69-11-103. [reserved.]
The commissioner shall exercise the authority and power to: Administer and enforce this chapter and all rules and regulations and orders promulgated under this chapter; Conduct or obtain investigations, research, experiments, training programs and demonstrations, and collect and disseminate information relating to the safe construction, operation, or maintenance of dams and reservoirs; Adopt, after giving […]
§ 69-11-105. Certificates of Approval Required
On and after July 1, 1973, no person shall construct, enlarge, repair, alter, remove, maintain, or operate a dam in this state without first obtaining from the commissioner a certificate of approval and safety.
§ 69-11-106. Information Required for Certificates — Plans and Specifications
In order to obtain a certificate of approval and safety, the owner of each dam shall file with the commissioner, on a form to be made available by the commissioner, the following information: The name under which the person is doing business in Tennessee; The legal address of the person; The location of the proposed […]
§ 69-11-107. Multiple Owners
Nothing in this chapter shall be construed to require multiple applications for certificates of approval by each owner of a dam where there are multiple owners of the dam, if all owners are listed in the application filed by any one (1) of them.
§ 69-11-108. Change in Ownership
Whenever legal title to a dam, for which a certificate of approval has been issued, is modified to create real property interests, including leasehold interests, in persons not listed on the application for the certificate, the owner of the dam shall make application for a new certificate within ninety (90) days of the date the […]
§ 69-11-109. Failure to Apply — Notice
The commissioner shall give notice to file to owners who have failed to make application as required by §§ 69-11-105 — 69-11-109, and failure to so file within thirty (30) days after such notice has been given shall be a violation of this chapter.
§ 69-11-110. Examination of Applications — Inspection
The commissioner shall examine the applications for a certificate of approval and cause an on-the-ground inspection to be made of the existing or proposed dam or reservoir and downstream floodplain. The commissioner shall then, within sixty (60) days of the receipt of the completed application for a certificate of approval, either grant the certificate or […]
§ 69-11-111. Conditions for Granting Certificate
In deciding whether or not to grant a certificate of approval, the commissioner shall take into account all pertinent facts, data, and conditions relative to the proposed action, but shall not grant any certificate unless the following conditions have been met: The commissioner determines that the proposed action will be conducted in such a way […]
§ 69-11-112. Imposition of Additional Conditions — Hazard Categories
In granting a certificate of approval, the commissioner may impose such conditions relating to the inspection, operation, maintenance, alteration, repair, use, or control of a dam or reservoir as the commissioner determines are necessary for the protection of public health, safety or welfare. The commissioner may establish hazard categories for dams based on downstream floodplain […]
§ 69-11-113. Duration of Certificates
Certificates of approval shall be for a definite period of time, not to exceed five (5) years, as determined by the commissioner and stated on the certificate. In determining the period of approval, the commissioner may take account of any circumstances pertinent to the situation, including, but not limited to, the size and type of […]
§ 69-11-114. Modification of Certificates
The commissioner may modify a certificate of approval or the conditions attached to it. Such modification shall become effective ninety (90) days following issuance by the commissioner of a revised certificate, except when the commissioner finds that a state of emergency exists, and that life or property would be endangered by delay. In case of […]
§ 69-11-115. Inspections
The public safety and welfare requiring it, the commissioner shall conduct a program of regular inspections of dams, reservoirs, and downstream floodplains within the state. The frequency of such inspections shall be as determined by the commissioner, who may establish different inspection intervals for dams based on their hazard categories.
§ 69-11-116. Fees
The commissioner shall establish reasonable fees for the following: The review of plans and examinations of all applications for certificates of approval for new dam and reservoir construction. A schedule for project review fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations […]
§ 69-11-117. Failure to Comply With Certificate — Compliance Orders — Emergency Action — Recovery of Costs
Whenever the commissioner determines that any person to whom a certificate of approval has been issued has failed to comply with the conditions in the certificate, or whenever the commissioner determines that life or property are or may be endangered by the failure or incapacity of a dam or reservoir or by other cause related […]
§ 69-11-118. Hearings Before Commissioner
Except as provided in § 69-11-117 regarding emergency situations, any person aggrieved by any order, determination, regulation, or ruling of the commissioner may, within sixty (60) days of the effective date of such order, determination, regulation, or ruling, make application to the commissioner for a hearing on the grievance. Any hearing or rehearing under this […]
§ 69-11-119. [reserved.]
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 […]
§ 69-11-121. Civil Penalties and Damages
Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner issued pursuant to this chapter or any rule, regulation, or standard adopted pursuant to this chapter shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars […]
§ 69-11-122. Actions for Civil Penalties or Injunctions
It is the duty of the district attorneys general in the various districts throughout the state, or the attorney general and reporter, upon the request of the commissioner, to bring an action for the recovery of the penalties provided for in § 69-11-121 and to bring an action for a restraining order, temporary or permanent […]