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From the March 2008 issue

New Safety Regulations Proposed for Dams

As part of a continued upgrade of dam oversight, the New York State Department of Environmental Conservation (DEC) announced a proposal that requires more dam inspections, regular maintenance, better record keeping and planning for emergencies. The proposal emphasizes and details the responsibilities of dam owners to keep their structures in a safe condition and also enhances DEC's authority to help ensure that these responsibilities are fulfilled. In the last few years, and in the wake of a high-profile dam failure and dangerous deficiencies, DEC has exponentially bolstered staffing in its dam safety program, increased inspections of high-hazard dams and stepped up enforcement against owners of deficient dams.

DEC's dam safety program exists to help safeguard lives and property and protect natural resources. Staff are responsible for inspecting dams, reviewing dam construction permits and ensuring that owners make repairs. A dam's classification--low, medium or high hazard--depends on the threat presented to downstream communities and infrastructure in the event of a dam failure and is not related to the condition of the dam. New York State has more than 5,000 dams.

dam
DEC monitors the safety of dams throughout the state

Owner Requirements and Responsibilities

The new draft regulations require owners to demonstrate that their dams are being properly maintained and that they meet modern safety standards. They also include specific responsibilities a dam owner must implement to ensure ongoing safety, such as:

  • Record-keeping requirements
    • Inspection and maintenance plans
  • Scheduled inspections by a professional engineer who works for the dam's owner
  • Scheduled safety reassessments to confirm that a dam meets modern safety criteria
  • Emergency action plans to assist first responders
  • Disclosure of a dam's existence when property is transferred
  • Verification of a dam's hazard classification
  • Demonstration of financial assurance, collectible by DEC if the state is forced to conduct necessary remedial work at a dam
  • Annual certification that the dam's inspection and maintenance plan, emergency action plan and other requirements are being met

Exclusions, Emphasis and Enforcement

To ease the regulatory burden on individuals and farmers, DEC's proposal broadens existing exemptions to exclude more small dams from the need to obtain a construction permit and from a limited number of safety requirements. This proposed change also will allow DEC to place greater emphasis on monitoring higher-hazard dams whose failure poses the greatest danger. The proposal also clarifies DEC's enforcement authority, which would apply to all dams--including smaller ones--to ensure they are maintained in a safe condition.

Recent Program Enhancements

The effects of climate change--hurricanes, floods and rising sea levels--are expected to further stress existing infrastructure throughout the state. Already, serious floods and dam deficiencies have occurred in recent years and have underscored the importance of renewing DEC's focus on strengthening the dam safety program. DEC's recent efforts to enhance the program include the following:

  • Increased staffing for dam safety from 3 to 20 people
  • Issuance of formal complaints against nine dams and entering into orders on consent for remedial work at ten dams
  • Inspection of all 389 high-hazard dams in the state and, in 2007, completion of more than 250 additional dam inspections
  • Funding $15 million under the Bond Act to help municipalities address deficiencies in dam safety
  • Education and training of dam owners and other stakeholders to help increase their knowledge and implementation of dam safety guidelines

Public Comments and Hearings

The draft regulations, related documents and instructions for submitting comments are available on DEC's website. DEC will accept public comment on these proposals until May 17, 2008. Comments can be sent to: NYSDEC, Bureau of Flood Protection and Dam Safety, Attn: Jamie Woodall, 625 Broadway, 4th Floor, Albany, NY 12233-3504 or by e-mail to: damsregs@gw.dec.state.ny.us. In addition, three public hearings will be held as follows:

  • April 15, 10-2 PM @ Locust Grove, Samuel Morse Site, 2683 South Road, Poughkeepsie NY 12601
  • April 18, 10-2 PM @ Holiday Inn Rochester Marketplace, 800 Jefferson Rd., Rochester NY 14623
  • May 2, 10-2 PM @ NYSDEC Central Office, Room 129, 625 Broadway, Albany NY 12233