Summary of Revised Dam Safety Regulations
Summary of Revised Rule Making:
Part 608
608.1 Definitions have been added and revised to be consistent with revisions to Part 673.
608.3 The size thresholds for dams which require construction permits have been revised to be consistent with the ECL 15-0503.
608.6 Permit application procedures have been revised to better reflect the elements of a dam safety construction permit application.
608.6 has been revised to state that the NYSDEC (Department) may accept a certification by a professional engineer, in lieu of a permit application, at its discretion.
Part 621.4
Part 621.4 has been revised to state that all dam projects are major, except projects at existing dams for which an engineering assessment pursuant to Part 673 is on file with the Department.
Part 673
All of Part 673 is repealed. The Revised Part 673 incorporates Chapter 364 of the laws of 1999 and Chapter 178 of the laws of 2006 amendments to statute. The Revised Part 673 contains revised definitions, revised requirements for inspection and maintenance; emergency action planning; recordkeeping and reporting and notifications; revised language regarding the Department's inspection, investigation, and enforcement process. Sections are renumbered and renamed.
673.1 Purpose; applicability; severability
This section revises language related to applicability of the regulation. This section references applicability based on dam size. The size thresholds match those of permit requirements (Part 608) except as otherwise noted. Some provisions of Part 673 apply to dams above these size thresholds.
Part 673 also applies to owners of all dams the failure of which poses a threat to public health, safety, property or natural resources.
Part 673 also applies to illegal dams.
Revised language regarding purpose and severability of the regulation.
673.2 Definitions
This section was expanded for clarification to include definitions not previously included and modifies some existing definitions.
673.3 General Provisions
Incorporates the statutory dam safety authority.
Requires all dams to be operated and maintained in safe condition.
Specifies that the Department may consider any information on a dam that may be available.
Provides that the Department may, at its discretion, accept equivalent reports from or to federal agencies in lieu, in whole or in part, of the reports of inspections and assessments required in this Part.
673.4 Permit Requirements for Dams
Advises the reader to consult Part 608 for permit requirements, and that the Department's permits do not relieve the applicant from any requirements for other permits and approvals, such as federal permits.
673.5 Hazard Classifications
Revises language related to the hazard classifications that may be assigned to a dam, and the factors that the Department may consider in assigning a hazard classification, for clarity.
Requires that the Department must notify a dam owner when it changes the hazard classification, and that the Department will make available a list of dams and the hazard classifications assigned to them.
Provides a process for appealing a hazard classification.
Part 673.6 Inspection, Operation and Maintenance
Owners of Intermediate Hazard and High Hazard dams, and dams above applicability size thresholds, must prepare and implement an inspection and maintenance plan.
Describes the elements of an inspection and maintenance plan.
Requires that the inspection and maintenance plan must be provided to the Department upon request.
673.7 Emergency Action
Requires that Emergency Action Plans (EAP's) for Intermediate Hazard and High Hazard dams must be submitted to the Department.
Provides a schedule for submitting the EAP's after the effective date of this regulation.
Requires that High Hazard dam owners must have the EAP prepared by an engineer unless the Department agrees otherwise.
Requires that Intermediate Hazard dam owners must have the EAP prepared by an engineer if requested by the Department.
Describes the elements of an EAP, that it must be provided to certain recipients, and that it must be updated annually.
673.8 Annual Certification
Intermediate Hazard and High Hazard dam owners must provide an annual certification on a form prescribed by the Department
673.9 Notification of Auxiliary Spillway Flow
Intermediate Hazard and High Hazard dam owners must notify the Department of flow in a dam's erodible spillway.
673.10 Recordkeeping; Response to Request for Records
All records on a dam must be kept in good order.
Records must be provided to the Department upon request.
673.11 Notices of Property Transfer
The records required to be maintained related to a dam must be provided to the new owner upon transfer of the property where a dam is located.
Notice must be provided to the Department and the municipality in which the dam is located, of the new owner's information, upon transfer of property where a dam is located.
673.12 Safety Inspections
Intermediate Hazard and High Hazard dam owners must conduct a safety inspection as provided for in their inspection and maintenance plan.
The Department may require Safety Inspections on a more frequent schedule, if the dam is rated "unsafe" or "unsound."
The Safety Inspection must be conducted by an engineer
The Department may require changes if the report is not acceptable.
673.13 Engineering Assessments
Engineering Assessments (EA's) for Intermediate Hazard and High Hazard dams must be submitted to the Department.
Provides a schedule for submitting the EA's after the effective date of this regulation.
All EA's must be prepared by an engineer.
The Department may require EA's on a more frequent schedule if the dam is rated Unsafe or Unsound.
The Department may require changes if the EA report is not acceptable.
673.14 Inspection of a Dam by the Department
Describes the Department's authority to conduct inspections, and the requirement for the Department to provide inspection reports in accordance with ECL 15-0516.
673.15 Investigation of a Dam by the Department or Owner
Describes the Department's authority to conduct investigations, or order investigations by the dam owner, when the public safety requires.
673.16 Condition Ratings
Describes the Department's condition rating system, and its authority to require an Enhanced Safety Program for dams rated Deficiently Maintained, Unsound, or Unsafe.
Requires the Department to notify the dam owner if a dam has been rated Unsafe, Unsound, or Deficiently Maintained.
Describes the process for disputing the Department's assignment of a condition rating.
673.17 Orders of the Department
Describes the Department's authority to issue orders and act upon noncompliance with orders, including the Department's authority to alleviate safety problems at a dam when the owner fails to do so, and the Department's authority to try to collect costs associated with its work in alleviating a safety problem at a dam.
