(a) 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.
Terms Used In Tennessee Code 69-11-117
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
Dam: means any artificial barrier, together with appurtenant works, that does or may impound or divert water, and that either:(A) Is or will be twenty feet (20') or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the commissioner. See Tennessee Code 69-11-102
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Lien: A claim against real or personal property in satisfaction of a debt.
Owner: means any person who owns an interest in, controls, or operates a dam. See Tennessee Code 69-11-102
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
Reservoir: means any basin that contains or will contain the water impounded by a dam. See Tennessee Code 69-11-102
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Venue: The geographical location in which a case is tried.
Water: means that liquid, including solids or other matter dissolved or suspended in the liquid, that is or will be impounded. See Tennessee Code 69-11-102
(b) 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.(c)(1) 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:
(A) Taking full charge and control of the dam or reservoir;(B) Lowering the water level by releasing water from the reservoir;(C) Completely emptying the reservoir;(D) Performing any necessary remedial or protective work at the site; or(E) Taking such other steps as may be necessary to safeguard life and property.(2) The commissioner may continue such action until the dam or reservoir involved is rendered safe or the emergency requiring the action has ceased.(3) 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.(d) 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.
