For Release: Wednesday, February 13, 2008

DEC Proposes New Dam Safety Regulations

Draft Regulations Include New Reporting and Monitoring Requirements for Dam Owners

As part of a continued upgrade of dam oversight, the New York State Department of Environmental Conservation (DEC) announced today a proposal that requires more dam inspections, regular maintenance, better recordkeeping, and emergency planning. 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.

"These regulations finally address a legislative mandate to improve dam safety that dates to 1999 and which brings New York's regulations to a level consistent with other states," Commissioner Grannis said. "These draft regulations increase DEC's enforcement authority, bring New York's program in line with federal standards, and make clear that dam safety is foremost the responsibility of the dam owner."

DEC's dam safety program is in place to help safeguard lives and property and protect natural resources. Staff are responsible for conducting inspections of dams, reviewing dam construction permits, and making sure owners conduct repairs. There are more than 5,000 dams in New York State, with most being classified as low, medium and high hazard. A dam's classification 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 a dam.

The draft regulations announced today require owners to demonstrate that their dams are being properly maintained and meet modern safety standards, and includes specific responsibilities a dam owner must implement to ensure ongoing safety. Measures include:

Requirements for record keeping;
Inspection and maintenance plans;
Scheduled inspections by a professional engineer working for the owner;
Scheduled safety reassessments to confirm that a dam meets modern safety criteria;
Emergency action plans in the event of a dam problem or failure to assist first responders;
Disclosing the presence of a dam 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; and
Annual certification that the dam's inspection and maintenance plan, emergency action plan, and other requirements are being met.

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 will also 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.

The impacts 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 to strengthening the dam safety program. Recent efforts to enhance the program include:

Additional staff: dam safety staffing has increased from three to 20 people statewide;
Enforcement: DEC has issued formal complaints for nine dams, and has entered into Orders on Consent for remedial work at 10 dams;
Inspections: In recent years, DEC has completed inspections of all 389 high hazard dams in the state, and in 2007, completed more than 250 dam inspections;
Funding: $15 million in Bond Act Dam Safety funds were awarded to help municipalities address dam safety deficiencies; and
Education and Training: Classes and seminars have been offered by DEC staff to dam owners and other stakeholders to help increase their knowledge and implementation of dam safety guidelines.

The draft regulations and related documents, and instructions for submitting comments will be posted at www.dec.ny.gov/regulations/propregulations.html later today on the Department's web site. DEC will be accepting public comment on the 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, and by email to: jvwoodal@gw.dec.state.ny.us . In addition, three public hearings will be held at the following:

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