N.Y. Comp. Codes R. & Regs. tit. 6 § 673.13

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

Section 673.13 - Engineering assessments

(a) The owner of a dam that been assigned a hazard classification of class B or C shall perform engineering assessments on a regular basis, as is set forth in this section.

(b) The department may require an engineering assessment from the owner of a dam that has been assigned a condition rating of "unsafe" or "unsound", based on the department's consideration of public safety and the specific characteristics of the dam and its location.

(c) All engineering assessments shall be performed on behalf of the owner by a professional engineer, who shall document the results of the inspection in an engineering assessment report, which shall be signed and sealed by the professional engineer.

(d) An engineering assessment shall be performed, and an engineering assessment report submitted to the dam safety section, at a minimum frequency of every 10 years for dams that have been assigned a hazard classification of class B or C.

(e) 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 first engineering assessment report is as follows.

(1) Large class C dams. For dams that have been assigned a hazard classification of class C as of the effective date of this Part, the first engineering assessment report shall be submitted within three years of the effective date of this Part if the dam is a large class C dam, which shall mean the dam either has a height greater than or equal to 40 feet or impounds 1,000 acre-feet or more at normal water surface.

(2) Small class C dams. For dams that have been assigned a hazard classification of class C as of the effective date of this Part, the first engineering assessment report shall be submitted within five years of the effective date of this Part if the dam is a small class C dam, which shall mean the dam has a height of less than 40 feet and impounds less than 1,000 acre-feet at normal water surface.

(3) Class B dams. For dams that have been assigned a hazard classification of class B as of the effective date of this Part, the first engineering assessment shall be submitted within six years of the effective date of this Part.

(4) 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 first engineering assessment report or other submission in lieu thereof, 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 pursued, within two years of the department's assignment.

(5) The deadlines for the submission of the first engineering assessment report may be extended, at the discretion of the department, in response to a written request by a dam owner who is operating a dam in a safe condition and is not otherwise in violation of this Part.

(f) All engineering assessments shall include:

(1) a complete safety inspection pursuant to section 673.12 of this Part and a corresponding safety inspection report;

(2) an evaluation of the dam, including its function, structural stability, and spillway capacity, that may utilize calculations or computer modeling of the hydrologic, hydraulic, stability and/or structural analysis; conclusions as to whether the dam is in a safe condition; and the basis for the conclusions; and

(3) any recommended change in the hazard classification or modification of the emergency action plan due to changes in the dam or inundation area, including, specifically, changes in land use.

(g) All engineering assessment reports shall be retained by the dam owner and kept in good order.

(h) The department may review any engineering assessment 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 engineering assessment report upon a finding that it was not prepared in compliance with this Part and/or generally accepted engineering practice in the field of dam design and safety. The owner shall revise the engineering assessment 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 § 673.13