Water Proposed & Recently Adopted Regulations

Proposed Rule Making and Public Hearings to Amend Dam Safety Regulations

Purpose

The purpose of the Public Hearings is to give the public an opportunity to provide oral and/ or written comments on the Department's proposal to amend Part 673 and 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). These revisions are intended to reflect statutory authorities and requirements in Sections 3-0301, 15-0503, 15-0507, 15-0511, 15-0516, 71-1109, and 71-1111 of the Environmental Conservation Law (ECL).

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 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 proposed modifications to Part 673. Enforcement provisions were modified in Article 71. These changes are reflected in proposed modifications to Part 673. The 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.

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.

Revisions to Part 621 are proposed to make all dam permit applications Major projects.

Public Hearing Times / Locations:

April 15, 2008, 10 AM to 2 PM, Locust Grove- Samuel Morse Site, 2683 South Road, Poughkeepsie, NY 12601

April 18, 2008, 10 AM to 2 PM, Holiday Inn Rochester- Marketplace, 800 Jefferson Road, Rochester, NY 14623

May 2, 2008, 10 AM to 2 PM, Rooms 129A and 129B at the NYSDEC office, 625 Broadway, Albany, NY 12233.
Note: ID is required to enter the building; there is ample parking, including handicapped parking, available at the paid lots on either side of the building.

Hearing Facilities / Services:

The hearings are scheduled at locations reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to hearing impaired persons, at no charge, upon advance written request received at the address below within a reasonable time prior to the scheduled hearing and information meetings.

Oral / Written Statements:

All persons, organizations, corporations, and governmental agencies that may be affected by the proposed amendments will have an opportunity to make an oral statement at the Public Hearings and/or file a written statement. It is not necessary to file a written statement or request in order to appear or make a statement at the hearings. Written statements received prior to, during, or after the hearings, and oral statements made at the hearings, will be given equal consideration. Written statements may be filed on or before May 17, 2008 addressed to:

Comments on Dam Safety Rule Making
Bureau of Flood Protection and Dam Safety
Division of Water
NYS DEC
625 Broadway, 4th Floor, Albany, NY 12233-3504
or electronically at: Comments on Dam Safety Rule Making.

If filing electronically, please include "Comments on Dam Safety Rule Making" in the subject line.

Available Documents:

A single paper copy of the documents may be obtained free of charge by emailing or writing to Ms. Jamie Woodall at the above address.

A single copy on CD may be obtained free of charge by emailing or writing to Ms. Jamie Woodall the above address.

These documents are also available by following the links below:

The Draft Regulations:

Part 608
Part 621.4
Part 673

More about Water Proposed & Recently Adopted Regulations:

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
Job Impact Statement - Summary of impacts on jobs
Regulatory Impact Statement - Regulatory Impact Statement
Summary of Dam Safety Regulations Changes - Summary of proposed changes to dam safety regulations
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
Proposed Amendments to Part 608 - Proposed Amendments to Part 608 Use and Protection of Waters