N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 672-1.8

Current through Register Vol. 46, No. 53, December 31, 2024

Section 672-1.8 - Emergency situations

Except for the provisions of this section, the provisions of this Part shall not be applicable to any action taken by an agency with regard to the operation of a reservoir in any emergency situation when:

(a) there is a threat to the continued existence or safe operation of such reservoir or its dam, any tunnel serving such reservoir, any structure appurtenant to such reservoir or to the public health or safety;

(b) such threat cannot be averted by any action taken in compliance with the provisions of this Part (other than this section); and

(c) such threat can only be averted by an action of the agency that is not in compliance with the provisions of this Part (other than this section).

Any action taken pursuant to this section shall continue only for such time as is necessary to avert the threat involved. The agency reservoir releases manager shall provide immediate telephone notice to the department reservoir releases manager regarding any action taken by the agency pursuant to this subdivision. The agency reservoir releases manager shall provide written notice to the department reservoir releases manager within five working days of any action taken by the agency pursuant to this section, which notice shall specify the action taken and set forth the reasons for the agency reservoir releases manager's decision pursuant to subdivisions (a), (b) and (c) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 672-1.8