N.Y. Comp. Codes R. & Regs. tit. 6 § 673.7

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

Section 673.7 - Emergency action; emergency action plan

(a) The owner of a dam that been assigned a hazard classification of class B or C shall prepare an emergency action plan and annual updates thereof, submit each to the department, and provide copies of each, at a minimum, in accordance with this section.

(b) The recipients of the emergency action plan are as follows. The emergency action plan and each annual update shall be submitted to the dam safety section. A copy of each shall be provided:

(1) to the county emergency management official of the county in which the dam is located; and

(2) to any other individual identified as a recipient within the plan. The owner shall also provide a copy to any other municipality in either the same county or an adjoining county that is within the inundation area, upon written request from the municipality's chief executive officer.

(c) Unless a shorter time frame is imposed by the department in the interest of public safety based on the assignment of a condition rating of "unsafe" or "unsound" in accordance with section 673.16 of this Part, the schedule for submission of the emergency action plan is as follows.

(1) For dams that have been assigned a hazard classification of class C as of the effective date of this Part, the emergency action plan shall be submitted and provided in accordance with subdivision (b) of this section within 12 months of the effective date of this Part.

(2) For dams that have been assigned a hazard classification of class B as of the effective date of this Part, the emergency action plan shall be submitted and provided in accordance with subdivision (b) of this section within 24 months of the effective date of this Part.

(3) For dams that are assigned a hazard classification of B or C or are reclassified as such after the effective date of this Part, the emergency action plan shall be submitted either:

(i) as part of a permit application pursuant to Part 608 of this Title with respect to the dam; or

(ii) where no activities requiring a permit are being pursued at the time of assignment, within 12 months of the department's hazard classification assignment.

(d) The owner shall have the emergency action plan for a class C dam prepared by an engineer unless the owner makes a written request of the director of the Division of Water in the department's Albany office to waive this requirement, with respect to some or all of the emergency action plan, and the department, based on its discretionary consideration of public safety and the site-specific characteristics of the dam and its location, provides a written waiver of this requirement.

(e) The owner shall be required to have the emergency action plan for a class B dam prepared by an engineer only upon the request of the department, with respect to some or all of the emergency action plan, based on the department's discretionary consideration of public safety and the site-specific characteristics of the dam and its location.

(f) The emergency action plan shall include, but not be limited to:

(1) procedures for the notification of an emergency;

(2) inundation maps or other acceptable description of the potential inundation area, which may include a dam break analysis;

(3) procedures for implementing all other aspects of the emergency action plan;

(4) procedures for updating the plan; and

(5) other provisions the department deems necessary.

(g) The dam owner shall fully implement all provisions of the emergency action plan in accordance with its terms.

(h) Emergency action incident report. Within five calendar days of activating the emergency action plan, the dam owner shall submit a written incident report to the dam safety section, in a format acceptable to the department. The department may require additional information to be submitted in order to protect public safety, property or natural resources.

(i) The dam owner shall retain a copy of the emergency action plan and keep it in good order.

(j) The dam owner shall update and provide to all required recipients, pursuant to subdivision (b) of this section, any pages of the emergency action plan annually, by January 31st of each year, and more frequently, as necessary, to promptly reflect changes in current conditions.

(k) The department may review and require changes to any emergency action plan at any time to protect life, property or natural resources.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 673.7