N.Y. Comp. Codes R. & Regs. tit. 6 § 673.6

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

Section 673.6 - Inspection, operation and maintenance

(a) Inspection and maintenance plan. The owner of a dam that:

(1) is equal to or greater than 15 feet in height or has a maximum impoundment capacity equal to or greater than three million gallons, unless the dam has a height equal to or less than six feet, regardless of impoundment capacity, or an impoundment capacity less than or equal to one million gallons, regardless of height;

(2) has been assigned a hazard classification of class B or C pursuant to section 673.5 of this Part, or

(3) impounds waters which pose, in the event of a failure of such dam, a threat of personal injury, substantial property damage or substantial natural resource damage as determined by the department, shall develop and fully implement a written inspection and maintenance plan for the dam. The first inspection and maintenance plan that is required after the effective date of this Part shall be completed within 12 months of the effective date of this Part.

(b) An inspection and maintenance plan shall include:

(1) detailed descriptions of all procedures governing: the operation, monitoring, and inspection of the dam, including those governing the reading of instruments and the recording of instrument readings; the maintenance of the dam; and the preparation and circulation of notifications of deficiencies and potential deficiencies;

(2) a schedule for monitoring, inspections, and maintenance; and

(3) other elements as may be required by the department based on its consideration of public safety and the specific characteristics of the dam and its location.

(c) The inspection and maintenance plan shall be retained by the dam owner, kept in good order, and updated as necessary to reflect changes in current conditions.

(d) The inspection and maintenance plan shall be made available to the department upon request.

(e) The department may review and require the owner to amend any inspection and maintenance plan at any time to protect life, property or natural resources.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 673.6