2023 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; and
b. 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.