Water Proposed & Recently Adopted Regulations
Notice of Adoption of Amendments to Water Pollution Control revolving Fund Regulations
Effective October 28, 2009
The emergency/proposed rule amends 6 NYCRR Part 649 to set forth rules and procedures whereby the New York State Department of Environmental Conservation can adhere to its current administrative policies and practices and also meet a February 10, 2010 deadline for States to have projects underway or under contract or lose the funds provided in the stimulus legislation entitled the "American Recovery and Reinvestment Act" ("ARRA").
Notice of Adoption of Amendments to Dam Safety Regulations
Effective August 19, 2009
Purpose
In February 2008, the New York State Department of Environmental Conservation (NYSDEC) issued proposed dam safety regulations. In May 2009 the Department issued Revised Draft regulations. The Department now announces adoption of the regulations.
These adopted regulations contain 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).
The adopted 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.
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 safety program is defined by the adopted revision to Part 673. The 1999 statutory amendments modified enforcement provisions in Article 71. These changes are also reflected in the adopted 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 adopted 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 adopted language in Part 673.
The adopted revisions to Subpart 621.4 designate most dam construction permit applications Major projects for the purpose of administrative processing by NYSDEC.
Availability
A single paper copy of the regulations, or a single CD of the entire rule adoption package, are available for free upon request by writing to the address below or by calling the Department at: 518-402-8151. All requests for the rule adoption package must be addressed to:
Chief, Dam Safety Section
Division of Water
NYS DEC
625 Broadway
Albany, NY 12233-3504
Or emailed to Dams Regulations.
More about Water Proposed & Recently Adopted Regulations:
- Adopted Amendments to Part 649 - Adopted changes for the NYS Part 649 regulation. Effective date October 28, 2009.
- 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
- Adopted Amendments to Part 608 - Proposed Amendments to Part 608 Use and Protection of Waters
- Adopted Amendments to Part 621 - Proposed Amendments to Part 621.4 Applications for Specifc Permits
- Adopted Amendments to Part 673 - Amendments to Part 673 Dam Safety Regulations
