New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 673 - Dam Safety Regulations › Section 673.13 - Engineering assessments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 owner of a dam that been assigned a hazard classification of class B or C shall
					 perform engineering assessments on a regular basis, as is set forth in this
					 section.
(b) The department may
					 require an engineering assessment from the owner of a dam that has been
					 assigned a condition rating of "unsafe" or "unsound", based on the department's
					 consideration of public safety and the specific characteristics of the dam and
					 its location.
(c) All engineering
					 assessments shall be performed on behalf of the owner by a professional
					 engineer, who shall document the results of the inspection in an engineering
					 assessment report, which shall be signed and sealed by the professional
					 engineer.
(d) An engineering
					 assessment shall be performed, and an engineering assessment report submitted
					 to the dam safety section, at a minimum frequency of every 10 years for dams
					 that have been assigned a hazard classification of class B or C.
(e) Unless a shorter time frame is imposed by
					 the department in the interest of public safety based on the assignment of a
					 condition rating of "unsafe" or "unsound" in accordance with section
					 673.16  of this
					 Part, the schedule for submission of the first engineering assessment report is
					 as follows.
(1) Large class C dams. For dams
					 that have been assigned a hazard classification of class C as of the effective
					 date of this Part, the first engineering assessment report shall be submitted
					 within three years of the effective date of this Part if the dam is a large
					 class C dam, which shall mean the dam either has a height greater than or equal
					 to 40 feet or impounds 1,000 acre-feet or more at normal water
					 surface.
(2) Small class C dams.
					 For dams that have been assigned a hazard classification of class C as of the
					 effective date of this Part, the first engineering assessment report shall be
					 submitted within five years of the effective date of this Part if the dam is a
					 small class C dam, which shall mean the dam has a height of less than 40 feet
					 and impounds less than 1,000 acre-feet at normal water surface.
(3) Class B dams. For dams that have been
					 assigned a hazard classification of class B as of the effective date of this
					 Part, the first engineering assessment shall be submitted within six years of
					 the effective date of this Part.
(4) For dams that are assigned a hazard
					 classification of B or C or are reclassified as such after the effective date
					 of this Part, the first engineering assessment report or other submission in
					 lieu thereof, shall be submitted either:
(i)
					 as part of a permit application pursuant to Part 608 of this Title with respect
					 to the dam; or
(ii) where no
					 activities requiring a permit are pursued, within two years of the department's
					 assignment.
(5) The
					 deadlines for the submission of the first engineering assessment report may be
					 extended, at the discretion of the department, in response to a written request
					 by a dam owner who is operating a dam in a safe condition and is not otherwise
					 in violation of this Part.