NY Env Conserv L § 15-0507 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 5 - Protection of Water 15-0507 - Structures Impounding Waters; Structures in Waters; Responsibility of Owner; Inspection.

§ 15-0507. Structures   impounding   waters;   structures   in   waters;responsibility of owner; inspection.1. Any owner of a dam or other structure which impounds  waters  shall   at  all  times  operate  and maintain said structure and all appurtenant   structures in a safe condition. As used  in  this  section  and  section   71-1109  of  this  chapter,  "owner"  means  any  person or local public   corporation who owns, erects, reconstructs, repairs, maintains or uses a   dam or other structure  which  impounds  waters.  The  commissioner  may   promulgate  regulations  requiring  any owner to prepare and implement a   safety program for such dam or structure as necessary to safeguard life,   property or natural resources. Regulations governing the safety  program   may  include  requirements  for inspections, monitoring, maintenance and   operation,  emergency  action  planning,  response  and  prevention   of   terrorism  and  cyber  terrorism,  financial security, recordkeeping and   reporting or any other requirement the commissioner deems  necessary  to   safeguard  life,  property  or natural resources. Such requirement shall   only apply to those dams or other structures that impound  waters  which   pose,  in the event of failure, a threat of personal injury, substantial   property damage or substantial natural resource damage.2. Whenever in the judgment of the department public safety  requires,   the  department  shall  investigate dams and other structures impounding   waters in the state, and docks, piers and wharves  extending  into  such   waters.3. In addition to any other power set forth in this chapter, including   the power to issue an order pursuant to section 71-0301 of this chapter,   the  department  shall  have  the power, whenever in the judgment of the   department it may be necessary to  safeguard  life  or  property  or  to   protect the natural resources of the state, after hearing on due notice,   to  issue  an  order, setting forth the findings of fact and conclusions   therefrom, directing any owner:a. to  conduct  studies,  investigations  and  analyses  necessary  to   evaluate  the  safety  of  the  structure,  including but not limited to   visual inspections, measurements, foundation  exploration  and  testing,   materials   testing,   hydraulic  and  hydrologic  analyses,  structural   stability analyses and seepage investigations; andb. to either remove the said structure or  to  erect,  reconstruct  or   repair  the same within such reasonable time and in such manner as shall   be specified in said order.It shall be the duty of every such owner to obey, observe  and  comply   with  such  order  and  with  the  conditions  therein  prescribed.  The   provisions of title 9 of this article  with  respect  to  administrative   procedures shall be applicable to hearings under this section.4.  It  shall  be  unlawful  for any owner to fail, omit or neglect to   comply with such order within a reasonable time  as  designated  by  the   department.5.  Upon  the  violation  of any such order, the department shall have   power to enter upon the lands  and  waters  where  such  structures  are   located  for  the  purpose  of removing, repairing or reconstructing the   same and to take such other and further precautions which  it  may  deem   necessary to safeguard life or property or protect the natural resources   of  the  state  against  danger  occasioned  by  the  presence  of  such   structures. In removing, repairing and reconstructing such structures or   other properties so affected the department shall not deviate  from  the   method, manner and specifications contained in the original order.6.  The  department shall certify the amount of the costs and expenses   incurred by the department and any state departments  for  the  removal,   repair  or  reconstruction  aforesaid in any wise connected therewith to   the county legislative body of the county or counties in which the  said    lands  and  waters  are  located, whereupon it shall be the duty of such   county legislative body of each county to add the amount so certified to   the assessment rolls of such locality or localities as a charge  against   the  real  property  upon  which  the  dam,  dock  or other structure is   located,  designated  or  described  by  the  department  as  chargeable   therewith,  and  to  issue  its  warrant  or warrants for the collection   thereof. Thereupon  it  shall  become  the  duty  of  such  locality  or   localities  through  their  proper  officers  to  collect  the amount so   certified in the same manner  as  other  taxes  are  collected  in  such   locality  or  localities  and  when  collected  to  pay  the same to the   department, who shall thereupon, pay the same into the  State  Treasury.   Any  amount so levied shall thereupon become and be a lien upon the real   property affected thereby to the same extent as any tax levy becomes and   is a lien thereon. The  department  may  also  assert  other  rights  of   recovery as may exist by law for such costs and expenses incurred.