N.Y. Comp. Codes R. & Regs. tit. 6 § 673.17

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

Section 673.17 - Orders of the department

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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 673.17