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 673.17 - Orders of the department

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever in the judgment of the department it may be
						necessary to safeguard life or property or to protect natural resources, after
						hearing on due notice, the department may, in carrying out the provisions of
						ECL article 15 sections 0507 and 0511, issue an order that sets forth the
						findings of fact and conclusions there from, and directs any owner to:
(1) conduct studies, investigations and
					 analyses in accordance with this Part necessary to evaluate the safety of the
					 dam, 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
(2) either remove the dam or construct,
					 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 administrative procedures within the provisions of Part 622 of
					 this Title and article 15, Title 9 shall be applicable to hearings brought
					 under this Part.
(b) It shall be unlawful for
					 any owner to fail, omit or neglect to comply with an order issued under
					 subdivision (a) of this section within a reasonable time as designated by the
					 department.
(c) Each violation of
					 an order issued under this Part is a separate offense. In the case of
					 continuing violations, each day's continuance is deemed a separate and distinct
					 offense.
(d) Upon the violation of
					 any such order or if the owner cannot be ascertained or found, the department
					 or its duly appointed agent(s) may enter upon lands and waters for the purpose
					 of either removing or constructing, reconstructing or repairing the dam and to
					 take such other and further precautions which may be deemed necessary to
					 safeguard life or property or protect the natural resources of the State
					 against danger occasioned by the presence of the dam. In either removing or
					 constructing, reconstructing or repairing the dam or other properties so
					 affected the department shall make all efforts to not deviate from the method,
					 manner and specifications contained in the order.
(e) The department shall certify the amount
					 of the costs and expenses incurred by the department or any State department or
					 agency during the course of any work undertaken pursuant to this section for
					 the removal, repair, or reconstruction aforesaid in any way connected therewith
					 to the county legislative body of the county or counties in which the said
					 lands and waters are located. Upon the submission of costs by the department,
					 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 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 any other rights of recovery as may exist by law for such costs and
					 expenses incurred.
(f) The entire
					 cost expended by the department to alleviate any unsafe conditions, as
					 determined by the department, may be charged against a dam owner in accordance
					 with ECL article 15, section 0507 or 0511, unless the department approves other
					 arrangements to repay the total or a portion of the total costs. The department
					 may also assert any other rights of recovery as may exist by law for such costs
					 and expenses incurred.
(g) Nothing
					 in this Part shall affect the right of any party to seek contribution from any
					 other person responsible for such costs pursuant to any other statute or under
					 common law.