N.Y. Comp. Codes R. & Regs. tit. 6 § 673.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 673.12 - Safety inspections

(a) The owner of a dam that has been assigned a hazard classification of class B or C shall undertake safety inspections on a regular basis, as shall be identified in the inspection and maintenance plan.

(b) The owner of a dam that has been assigned a condition rating of "unsafe" or "unsound" shall undertake safety inspections on a regular basis, as shall be identified in an inspection and maintenance plan, and upon the request of the department, in its discretion, based on its consideration of public safety and the specific characteristics of the dam and its location.

(c) Safety inspections shall be performed on behalf of the owner by an engineer, who shall document the results of each inspection in a safety inspection report, which shall be signed and sealed by the engineer.

(d) A safety inspection report shall include, but need not be limited to:

(1) document review. A review of all relevant documents, studies, plans, hazard classifications, photos, or any other information related to the dam and its appurtenant works, including the inspection and maintenance plan, safety inspection reports or other inspection reports generated since the last safety inspection, and the emergency action plan;

(2) visual inspection. The narrative results of a visual inspection of the dam, including the embankment, spillway, outlet, closure dikes and other appurtenant structures, focusing on initial and/or progressive signs of the manifestation of potential failure modes. Specific note shall be made as to whether any deficiencies reported in previous reports, and any corrective action required by the department, have been fully resolved and/or implemented. The report should include dated photographs of the specific observations made and any deficiencies or potential deficiencies identified during the visual inspection;

(3) review of data. A review and evaluation of any instrumentation data generated since the completion of the last safety inspection, and any recommendations for addressing gaps or other deficiencies or potential deficiencies in monitoring; and

(4) corrective action. Identification of deficiencies or potential deficiencies along with recommendations and a schedule for any corrective actions necessary to fully resolve the deficiencies or potential deficiencies, which recommendations may include additional investigations, such as revised hydrologic and hydraulic analyses, stability analyses, or underwater inspections.

(e) Safety inspection reports shall be retained by the dam owner and kept in good order.

(f) The department may require any dam owner to furnish, upon reasonable notice and at the owner's sole expense, a copy of any or all safety inspection reports.

(g) The department may review any safety inspection report at any time to protect life, property or natural resources, may require additional information or clarification thereto, and/or may provide comments to be addressed in a revised safety inspection report upon a finding that the safety inspection, particularly the review of data, deficiency identification, and the recommendation(s) and schedule for corrective action therein, was not performed in compliance with this Part and/or generally accepted engineering practice in the field of dam design and safety. The owner shall revise the safety inspection report to fully incorporate and/or resolve the department's comments and resubmit it to the department within 60 days of the owner's receipt of the department's comments, unless another time frame is either requested by the owner and agreed to by the department, or imposed by the department in the interests of public safety for a dam that has a condition rating of "unsafe" or "unsound".

N.Y. Comp. Codes R. & Regs. Tit. 6 § 673.12