N.Y. Comp. Codes R. & Regs. tit. 6 § 673.3

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

Section 673.3 - General provisions

(a) Any owner of a dam shall at all times operate and maintain the dam and all appurtenant works in a safe condition.

(b) Based on information that is or becomes available to the department, the owner of any dam may be found to be in violation of subdivision (a) of this section, or the dam may be found to be an illegal dam, notwithstanding the condition rating or hazard classification of the dam, or in the absence of the assignment of a condition rating or hazard classification to the dam.

(c) Upon reasonable notice, the owner of a dam shall furnish any available information which is reasonably necessary for the department's inspection or investigation of the dam and appurtenant works, and the assessment of the safety thereof, including, without limitation, the records and reports required to be maintained pursuant to this Part. Failure of an owner to provide the information requested is a violation of this Part and ECL article 15, section 0507.

(d) The applicability of this Part to a dam or dam owner shall not depend on:

(1) whether a hazard classification or condition rating has been assigned to the dam pursuant to section 673.5 or 673.16(d) of this Part; or

(2) the condition rating that has been assigned to a dam.

(e) The owner of a dam who fails to:

(1) operate and maintain a dam in a safe condition as determined by the department;

(2) construct a dam in accordance with permit conditions; or

(3) comply with any section of this Part, is subject to the provisions of ECL article 15, sections 0507 and 0511.

(f) Every violation of any subdivision of this Part shall be a separate and distinct offense; and in the case of a continuing violation of any subdivision of this Part, each day's continuance thereof shall be deemed a separate and distinct offense.

(g) Nothing in this Part precludes the commissioner from issuing a summary abatement order pursuant to ECL article 71, section 0301, and Parts 620 and 622 of this Title, whenever the commissioner finds that any person is causing, engaging in or maintaining a condition or activity which presents an imminent danger to the health or welfare of the people of the State, or results in or is likely to result in irreversible or irreparable damage to natural resources.

(h) Nothing in this Part precludes the commissioner from exercising the department's authority pursuant to ECL article 3, section 0301(2)(aa) for a construction emergency related to a dam, whenever the commissioner finds that a dam presents an imminent danger of failure, in order to protect life, property or natural resources.

(i) The department may, at its discretion, accept equivalent reports in lieu, in whole or in part, of the reports of inspections and assessments required in this Part. Such reports may consist of reports conducted and prepared by governmental agencies (e.g., reports prepared for or by the Federal Energy Regulatory Commission (FERC), the Natural Resources Conservation Service (NRCS), etc.), or consist of assessment reports certified by a dam owner and submitted to other governmental agencies (e.g., FERC).

(j) The department may extend the time frames and schedules provided for in this Part in appropriate circumstances when it is determined that compliance will result in extraordinary economic hardship. An application for an extension shall be accompanied by such information as the department requires.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 673.3