Negative Declaration - State Environmental Quality Review
Notice of Determination of Non-Significance
Date: March 13, 2009
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.
The Department of Environmental Conservation as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared.
Name of Action:
Amendment of Dam Safety Regulations, Part 608, 621, and 673
SEQR Status:
[x] Unlisted
Conditioned Negative Declaration:
[x] No
Description of Action:
To implement Chapter 364, Laws of 1999 (Chapter 364), which amended §15-0503, §15-0507, and §15-0511 in the Environmental Conservation Law (ECL) to expressly require all owners of dams, whether or not subject to DEC permit under ECL §15-0503, to operate and maintain such structures in a safe condition. This action will also implement the recently promulgated ECL §15-0516.
These amendments will set forth a dam safety program based on the requirements of Chapter 364. Chapter 364 provides relief from permitting requirements for the construction and repair of small dams while updating, clarifying and strengthening New York State regulations regarding dams and shifts the Department's focus and resources from permitting of small dams, which tend to pose negligible safety risks, to the proper maintenance, repair and emergency planning for dams which pose greater risks to public safety.
Chapter 364 requires all owners of dams - whether or not subject to DEC construction permit under ECL §15-0503 - to operate and maintain such structures in a safe condition. Chapter 364 also explicitly authorized DEC to adopt regulations requiring dam owners to prepare safety programs which include emergency plans, inspection, monitoring, record keeping, and financial security and to order dam owners to assure their structure's safety.
Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.)
Statewide
Reasons Supporting This Determination:
(See 617.7(a)-(c) for requirements of this determination ; see 617.7(d) for Conditioned Negative Declaration)
The purpose of this revised regulatory proposal is to protect life, property and natural resources by further ensuring that dam owners operate and maintain their dams in a safe condition. Protecting public safety will be achieved by focusing the department's resources on intermediate and high hazard dams, by promulgating dam owner safety program requirements commensurate with the dam's hazard classification, and condition rating, and by better aligning regulations describing the department's authority, with statutes. The 1999 amended statute and the revised proposed regulations provide relief from construction permit requirements for owners of small dams.
The revised proposed regulations will allow the department to have a more focused inspection program by prioritizing time in the field responding to potential problems identified in an engineering report, a complaint, or submittals by owners. The requirement that dam owners notify the department following change of ownership will allow the department to maintain an accurate, up-to-date inventory, allowing better communication with dam owners. The revised proposed regulations enhance the department's ability to conduct meaningful enforcement by providing greater opportunities to identify dam safety deficiencies in a timely manner, to identify dam owners not in compliance with program requirements through compliance tracking, and to take appropriate enforcement actions from a range of escalating compliance options.
The revised proposed regulations include a requirement for owners of deficient dams to demonstrate sufficient financial assurance. This will assure that funds will be available to reimburse the department if it is necessary for the department to either breach or remove the dam to protect public safety.
If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of publication In the ENB)
For Further Information:
Contact Person: Alon Dominitz, P.E.
Address: 625 Broadway, 4th Floor, Albany, NY 12233-3504
Telephone Number: 518-402-8151
For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to:
Chief Executive Officer , Town / City / Village of
Other involved agencies (If any)
Applicant (If any)
Environmental Notice Bulletin, 625 Broadway, Albany, NY 12233-1750 (Type One Actions only)
