Water Proposed & Recently Adopted Regulations
Revised Rule Making to Amend Dam Safety Regulations
Purpose
In February 2008, the New York State Department of Environmental Conservation (NYSDEC) issued proposed dam safety regulations. The Department now announces a substantial revision to the proposed regulations. Like the regulations originally proposed in 2008, this revision contains amendments to Part 673 and to portions of Parts 608 and 621 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR).
Like the 2008 proposed regulations, the 2009 proposed revisions emphasize and detail the responsibilities of dam owners to keep structures in a safe condition and, to be consistent with the statute, enhance NYSDEC's authority to help ensure the responsibilities are fulfilled.
In response to public comments, the revised regulations include several changes designed to address the cost of compliance. For example, the revised regulations:
- Extend the date by which the first Engineering Assessments and Emergency Action Plans are due for some dams, giving dam owners more time to make arrangements for the associated costs.
- Remove an explicit schedule for required Safety Inspections, but require Safety Inspections at a frequency reflected in an Inspection and Maintenance Plan so that owners can design a safety program tailored to their specific dam, subject to NYSDEC approval.
- Clarify that financial assurance is to cover only the costs of breach or removal, and only if required by NYSDEC as part of an Enhanced Safety Program for dams whose condition is not satisfactory.
Public comments also called for NYSDEC to take further steps to ensure the safety of dams. In response, the revised regulations better address public safety, help NYSDEC focus on deficient dams, and reward owners of well-maintained dams by lowering the cost of compliance. The revised regulations further clarify and strengthen NYSDEC's ability to require dam owners to address deficient dams using a system of increasing measures that can be required as part of an Enhanced Safety Program, so that the State has an improved ability to address dams before potential deficiencies become more serious.
The purpose of the public comment period is to give the public an opportunity to provide written comments on the 2009 revised text of the proposed regulations.
Statutory Authority
Chapter 364, Laws of 1999 amended ECL Sections 15-0503, 15-0507 and 15-0511 to expressly require all dam owners-whether or not subject to a DEC permit under ECL § 15-0503-to operate and maintain such structures in a safe condition. The statutory amendments explicitly authorize DEC to adopt regulations requiring dam owners to prepare safety programs including inspections, monitoring, maintenance and operation, and emergency plans, where failure of the dam could cause personal injury, substantial property damage or substantial natural resource damage. This program is defined by the 2008 proposed modifications and 2009 substantial revisions to Part 673. The 1999 statutory amendments modified enforcement provisions in Article 71. These changes are also reflected in the 2008 proposed modifications and 2009 revisions to Part 673. The 1999 statutory amendments also increased dam size thresholds for dam construction permits issued by the Department. This change is reflected in the proposed modifications to Part 608 and maintained in the 2009 revisions.
Chapter 17, Laws of 2006 amended the ECL by adding a new Section 15-0516 regarding distribution of Department inspection reports of dam safety for intermediate and high hazard dams. This is reflected in proposed language in Part 673 and maintained in the 2009 revisions.
The 2009 revisions to Subpart 621.4 make most dam construction permit applications Major projects for the purpose of administrative processing by NYSDEC.
Availability for Review
A single paper copy of the proposed revisions to the regulations, or a single CD of the entire rule making package, is available at no charge upon request by writing to the address below or by calling the Department at: 518-402-8151. (The CD includes Chapter VII to the Assessment of Public Comment. See DEC weblink to Assessment of Public Comments for details of this chapter.)
Public Comments
The public comment period ended on June 19, 2009.
More about Water Proposed & Recently Adopted Regulations:
- Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments - Summary of Regulatory Flexibility Analysis for Small Businesses and Local Governments
- Rural Area Flexibility Analysis - Summary of the Rural Area Flexibility Analysis
- Revised Job Impact Statement - Summary of impacts on jobs
- Revised Regulatory Impact Statement - Regulatory Impact Statement
- Summary of Revised Dam Safety Regulations - Summary of proposed changes to dam safety regulations
- Notice of Revised Rule Making - Text of the Notice of Revised Rule Making form
- Negative Declaration - State Environmental Quality Review - SEQR Negative Declaration for the Amendment of Dam Safety Regulations, Part 608, 621, & 673
- GORR Authorization to Submit a Revised Rule Making - Authorization to amend 6 NYCRR Parts 608, 621 and 673
- SEQR Short Environmental Assessment Form - SEQR short assessment form for revised rule making to amend the dam safety provisions of ECL Article 15 Title 5
- SEQR Coastal Assessment Form - Coastal management plan assessment form
- Proposed Amendments to Part 608 - Proposed Amendments to Part 608 Use and Protection of Waters
- Proposed Amendments to Part 621 - Proposed Amendments to Part 621.4 Applications for Specifc Permits
- Proposed Amendments to Part 673 - Amendments to Part 673 Dam Safety Regulations
