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 673.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Appurtenant
					 works and appurtenant structures means structures built or materials placed
					 and/or maintained, in connection with a dam. They may include, but are not
					 limited to, such structures as spillways, valves, low level outlet works, fish
					 ladders, and conduits.
(b)
					 Auxiliary spillway means a secondary spillway designed to operate only during
					 large floods to pass flows, and is in addition to a service spillway.
(c) Breach of a dam means the permanent
					 lowering of a dam's normal impoundment level or the construction of a channel
					 through or around a dam.
(d)
					 Commissioner means the Commissioner of the New York State Department of
					 Environmental Conservation or such individual's duly authorized
					 designee.
(e) Construct means to
					 build, erect, repair, reconstruct, breach or remove. Construction means the
					 building, erection, repair, reconstruction, breach or removal.
(f) Dam means any artificial barrier,
					 including any earthen barrier or other structure, together with its appurtenant
					 works, which impounds or will impound waters. By way of example only, waters
					 may be impounded by directly intercepting drainage over land, by placing a
					 structure in or across a watercourse, or by diverting or pumping waters to an
					 impoundment or reservoir. A lagoon or storage facility, with one or more
					 impoundment structures, that stores waste, or that treats, disposes or contains
					 materials, other than waters, is not a dam.
(g) Dam break analysis is an engineering
					 evaluation used to predict downstream flooding from a dam failure.
(h) Dam safety section means the department's
					 dam safety section in the Division of Water of the department's Albany office
					 (or its successor), or its duly designated designee.
(i) Department means the New York State
					 Department of Environmental Conservation.
(j) Emergency action plan means a dam owner's
					 written plan of methods and procedures pursuant to section
					 673.7 
					 of this Part that is implemented in order to detect, identify, mitigate or
					 prevent the causes and consequences of, adverse dam incidents, including
					 failures.
(k) Engineer means an
					 individual who:
(1) is a professional
					 engineer currently licensed and registered to practice engineering under
					 article 145 of the Education Law of the State of New York; and
(2) possesses sufficient specific education,
					 training, and experience necessary to exercise professional judgment in the
					 development of opinions and conclusions regarding, and is otherwise competent
					 in areas related to, the investigation, design, construction, operation, and
					 maintenance of a dam of the type, size, and location that is to be addressed,
					 and in areas related to adverse dam incidents, dam failures and the potential
					 causes and consequences of dam failures, sufficient to meet the objectives and
					 performance factors for the areas of practice identified by this
					 Part.