reglab/housing_qa huggingface dataset:
TN Code § 69-11-106 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 or existing dam and reservoir;   The type, size and height of the proposed or existing dam and reservoir and appurtenant works;   The storage capacity and reservoir surface areas for normal and maximum water surface elevation;   The purpose, or purposes, for which the dam or reservoir is to be used;   In the case of an application by an owner or lessee of a dam, the names and addresses of all persons having a real property interest in such dams; and   Such other plans and detailed information as the commissioner may deem reasonable and necessary to fulfill the commissioner's responsibilities under this chapter.     Plans and specifications submitted to the commissioner for construction, enlargement, alteration, repair or removal of dams and reservoirs shall be in the charge of and signed by an engineer, licensed by this state and experienced in the design and construction of dams, as determined by the commissioner.   The commissioner, however, shall not require detailed plans to accompany applications for the certificate of approval for any dams, the plans for which have been approved by any agency of the United States and fifty percent (50%) or more of the cost of which is being borne by an agency of the United States, nor shall the commissioner impose any conditions in the certificate of approval relating to modification of the design of such dams.
TN Code § 69-11-107 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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.
TN Code § 69-11-108 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 interests are created.
TN Code § 69-11-109 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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.
TN Code § 69-11-110 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 disapprove it in writing, stating the reasons for disapproval.   In the case of an existing dam or reservoir, the commissioner may utilize the results and information provided by any inspection made by or for the United States army corps of engineers pursuant to Public Law 92-367 (33 U.S.C. §§ 467—467e), if the information is not more than one (1) year old at the time of use.
TN Code § 69-11-111 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 that the safety of the public is adequately provided for;   All information requested by the commissioner relative to the proposed action has been provided; and   All fees required by this chapter have been paid.
TN Code § 69-11-112 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 use, size or type of dam, or other criteria, and may impose different conditions or types of conditions on the approval of dams or reservoirs in the different categories.
TN Code § 69-11-113 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 dam, topography, geology, soil conditions, hydrology, climate, use of the reservoir and the lands lying in the floodplain downstream from the dam, and the hazard category of the dam.
TN Code § 69-11-114 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 an emergency declared by the commissioner, the new conditions shall be effective immediately.
TN Code § 69-11-115 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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.
TN Code § 69-11-116 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 under § 69-11-104(a)(3). In establishing the fee schedule, the commissioner shall consider the height of the dam, the size of the reservoir, and the downstream hazard category. The total project review fee for a proposed dam shall not exceed one percent (1%) of the total estimated cost of the dam, as determined by the owner and approved by the commissioner.   The conducting of safety inspections of existing dams, reservoirs, and downstream floodplains. A schedule of safety inspection fees not to exceed the amount stated in § 68-203-103(h) shall be established by the commissioner and adopted as rules and regulations under § 69-11-104(a)(3). In establishing the fee schedule for safety inspections of existing dams, reservoirs, and downstream floodplains, the commissioner shall consider the height and size of the dam and reservoir and the established hazard category. The total fee payable for the safety inspection of any existing single dam during any calendar year shall not exceed the amount stated in § 68-203-103(h), irrespective of the number of inspections made of such dam during any calendar year.     Notwithstanding any  law to the contrary, no fee shall be imposed for safety inspection of existing dams, reservoirs, and downstream floodplains constructed, operated, or maintained by a watershed district pursuant to chapter 6 of this title.     All fees collected under this chapter shall be placed in a special account in the environmental protection fund created by § 68-203-101 and earmarked, allocated, and appropriated to the division of water supply of the department of environment and conservation for the purpose of complying with this chapter. Any unexpended balance of the special account together with any interest earned on the balance in any fiscal year shall not revert to the general fund, but shall remain in the special account and continue to be available for the activities of the division under this chapter.   The fees described in this section are not refundable.
TN Code § 69-11-117 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 to a dam or reservoir, irrespective of any conditions or the lack of conditions in the certificate of approval for the dam or reservoir, the commissioner shall order the owner of the dam or reservoir to take such action as is necessary to render the dam or reservoir safe.   Any person to whom an order is directed pursuant to this section shall comply with the order immediately but, on petition to the commissioner, shall have a hearing within five (5) working days.    Where the owner fails, in the judgment of the commissioner, to take satisfactory action toward compliance with such order, or to maintain a satisfactory rate of progress toward full compliance with the order, or where in the judgment of the commissioner the danger to life or property will not permit delay, the commissioner shall request that a state of emergency be declared by the governor, and upon such declaration, shall take such action as the commissioner deems necessary to render the dam or reservoir safe, which action may include, but is not limited to:  Taking full charge and control of the dam or reservoir;   Lowering the water level by releasing water from the reservoir;   Completely emptying the reservoir;   Performing any necessary remedial or protective work at the site; or   Taking such other steps as may be necessary to safeguard life and property.     The commissioner may continue such action until the dam or reservoir involved is rendered safe or the emergency requiring the action has ceased.   The commissioner is authorized to enter into contracts or agreements with other state, local or federal agencies, or other persons, for work necessary to implement necessary emergency actions.     Whenever the commissioner takes action authorized by this section, the owner or owners of the dam or the dam creating the impoundment, at which such action was taken, shall be jointly and severally liable for the costs of taking such action, including applicable overheads, and a lien in the amount of such costs shall be automatically created on all property owned by any such owner at or proximate to the dam or reservoir at which action was taken. The commissioner shall file an action in any circuit or chancery court having jurisdiction over any owner for the recovery of such costs, and may join all other owners in such action irrespective of any statutes to the contrary relating to jurisdiction or venue. Following the conclusion of such action, the commissioner may make application to the court for foreclosure sale of the property to satisfy any judgment obtained by the commissioner.
TN Code § 69-11-118 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.   A verbatim record of the proceedings of such hearings shall be taken. The transcript so recorded shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the commissioner to cover the costs of preparation.   In connection with the hearing, the commissioner shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. The commissioner may administer oaths and examine witnesses. Witnesses shall be reimbursed for all travel and other necessary expenses, which shall be claimed and paid in accordance with the prevailing travel regulations of the state. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of Davidson County or the chancery court of the county in which the hearing is conducted shall have jurisdiction, upon application of the commissioner, to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt.   On the basis of the evidence produced at the hearing, the commissioner shall make findings of fact and conclusions of law and enter such decisions and orders as in the commissioner's opinion will best further the purposes of this chapter, and shall give written notice of such decisions and orders to the petitioner. The decision issued under this subsection (e) shall be issued no later than thirty (30) days following the close of the hearing by the commissioner.   The decision of the commissioner shall become final and binding on all parties subject to judicial review as provided in § 4-5-322.
TN Code § 69-11-119 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 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.   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.   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.   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.
TN Code § 69-11-121 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 ($5,000) per day for each day of violation. Each day such violation continues shall constitute a separate violation. In addition, such person shall also be liable for any damages to the state resulting from the violation, without regard to whether any civil penalty is assessed.   Any civil penalty or damages shall be assessed in the following manner:  The commissioner may issue an assessment against any person responsible for the violation or damages;   Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final;   Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.     The commissioner, through the attorney general and reporter, may initiate proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violations occurred, in the name of the department.   In assessing a civil penalty, the following factors may be considered:  The harm done or potential for harm to the public safety or the environment;   Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;   The economic benefit gained by the violator as a result of the violation;   The amount of effort put forth by the violator to remedy this violation; or   Any unusual or extraordinary enforcement costs incurred by the commissioner.
TN Code § 69-11-122 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 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 injunction, against any person violating or threatening to violate any of the provisions of this chapter or violating or threatening to violate any order or determination promulgated pursuant to this chapter.
TN Code § 69-11-123 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 69-11-123. Criminal Penalties

 Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the commissioner or who willfully fails, neglects, or refuses to comply with any of the provisions of this chapter commits a Class C misdemeanor. No process by warrant, presentment or indictment shall be issued except upon application of the commissioner or such application for process authorized by the commissioner.
TN Code § 69-11-124 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 69-11-124. Duties and Liabilities of Owners — Right of Action Against Owners — Duties and Liabilities of State Counties or Cities

  Nothing in this chapter shall be construed to relieve the owner or owners of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir.   Nothing in this chapter shall abrogate the right of any person who is materially or personally damaged or injured by the operation of a dam or reservoir to seek remedies against the responsible person in the courts.   Nothing in this chapter shall be construed to impose legal duties, obligations or liabilities incident to the ownership or operation of a dam upon the state, a county or city that maintains a roadway upon a dam if the state, such county or city did not construct the dam. The repair and maintenance of such roadway shall be the sole responsibility of the state or the county or city constructing the roadway.
TN Code § 69-11-125 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 11 - Dams|§ 69-11-125. Local Regulation Restricted

  Except as provided in subsection (b), no municipality, county, nor any group of counties, or other person, shall regulate, supervise, or provide for the regulation or supervision of any dams or reservoirs within their jurisdictions, including the construction, maintenance, operation, removal, or abandonment of dams or reservoirs, nor to limit the size of a dam or reservoir or the amount of water that may be stored in dams or reservoirs, where the exercise of such authority would conflict with the powers and authority vested in the commissioner by this chapter.   Home rule municipalities in counties with a population of over six hundred thousand (600,000) according to the 1970 federal census, or any subsequent federal census, may exercise an option by ordinance to adopt regulations governing, supervising or otherwise controlling such dams and reservoirs within the city or county within a period of one (1) year from April 1, 1974, or in the case of local governments created after July 1, 1974, within one (1) year following the creation of such government, which shall be consistent with these regulations but may be more restrictive and require municipal approval of such plans and specifications.   If, at any time, the commissioner determines that the political subdivision's regulations or their enforcement are inconsistent or less stringent than state requirements, the commissioner shall require the political subdivision to comply with state regulations.