DEC Plan Upgrades Oversight of More than 5,000 Dams In New York State

ALBANY, NY (05/19/2009)(readMedia)-- Responding to public input, the New York State Department of Environmental Conservation (DEC) today released a revised set of proposed dam safety regulations to provide more flexibility for dam owners, especially owners of small dams, while improving the safeguards necessary to protect communities and infrastructure. The revisions will be available for public comment until June 19, 2009.

The proposed regulations help ensure oversight of the more than 5,000 dams in New York State by requiring dam inspections by owners, regular maintenance, better recordkeeping and emergency planning. The regulations also detail the responsibilities of dam owners to meet modern safety standards. In response to public comments, for owners of certain types of dams, the revisions allow more time for compliance and refines whether financial security is required.

"Last year, we received important input from dam owners concerned about the cost and length of time required to comply with the proposed regulations, and from others looking for more assurance that the dam safety program will help protect their communities," DEC Commissioner Pete Grannis said. "The revised proposal addresses those concerns. Our staff worked hard to find ways to provide flexibility to owners based on the specifics of their dam's condition in ways that do not compromise safety."

The revised proposal includes several changes designed to address comments about the cost of compliance. For private landowners who have small dams on their property that would not normally pose a significant threat downstream, DEC proposes to eliminate the requirement for hazard class re-evaluation by a professional engineer every 10 years. For dams which pose a significant threat if they were to fail, cost-saving measures include extending the date by which the first engineering assessments and emergency action plans are due to provide owners with more time to make arrangements for the associated costs. The revisions also clarify requirements for the financial assurance, which is needed for dams with inadequate maintenance or other deficiencies to cover the costs of breach or removal. Also, the frequency of required safety inspections will incorporate considerations such as the condition of the dam and its hazard class so that owners can design a safety program tailored to their specific dam, subject to DEC approval.

Public comments also called for DEC to take additional steps to ensure the safety of dams. DEC addressed this by outlining a process to identify potentially deficient dams earlier - before deficiencies become so severe that a dam is considered unsafe or unsound and in need of major work.

The proposed regulations also include:

• Requirements for record keeping;
• Requirements for inspection and maintenance plans;
• Scheduled inspections by a professional engineer working for the owner;
• Scheduled safety reassessments to confirm that a dam meets modern safety criteria;
• Emergency action plans to assist first responders in the event of a dam problem or failure;
• Disclosing the presence of a dam when property is transferred;
• Demonstration of financial assurance, collectible by DEC if the state is forced to conduct necessary remedial work at a dam; and
• Annual certification that the dam's inspection and maintenance plan, emergency action plan, and other requirements are being met.

DEC's dam safety program is responsible for conducting inspections of dams, reviewing dam construction permits, and making sure owners conduct repairs. Most of the more than 5,000 dams in the state are classified as low, intermediate or high hazard. A dam's classification depends on the threat presented to downstream communities and infrastructure in the event of a dam failure and is not related to the condition of a dam. More information about the program can be found at http://www.dec.ny.gov/lands/4991.html on the DEC website.

The revised draft regulations and related documents, and instructions for submitting written comments, can be found at http://www.dec.ny.gov/regulations/propregulations.html on DEC's website. DEC will be accepting written public comments on the proposals until close of business June 19, 2009.

Comments can be sent to: NYSDEC, Bureau of Flood Protection and Dam Safety, Attn: Alon Dominitz, 625 Broadway, 4th Floor, Albany, NY 12233-3504, and by email to: damsregs@gw.dec.state.ny.us.