Dam Safety Regulations

1. Dam Safety Regulations • Revised Regulations announced 5/6 in ENB and DEC website • Published in State Register 5/20 • Public Comment Period 5/20-6/19 • 1 comment so far • Assessment of Public Comments • Regulations Promulgated or withdrawn 8/1

2. 2009 Regulations changes • Re-introduce idea of Condition Ratings (exist in current regulations), but tie them to ability by DEC to require an Enhanced Safety Program. • Make clear that dam deficiencies are violations of the ECL. • Extend the date by which the first Engineering Assessments and Emergency Action Plans are due for some dams. • Remove an explicit schedule for required Safety Inspections, but require Safety Inspections at a frequency reflected in an Inspection and Maintenance Plan. • Clarify that financial assurance is to cover only the costs of breach or removal, and only if required by NYSDEC as part of an Enhanced Safety Program for dams whose condition is not satisfactory.

3. Guidance documents • Emergency Action Plan – nearly ready • Inspection and Maintenance Plan • Financial Assurance • “Guidelines for Design of Dams” (long-term) • Forms: • Supplement D-1 (Const. Permit App.) • Annual Certification • Post-incident Report

4. Other developments • Inspections • Travel restrictions – more regional assistance • Backlog nearly gone • Extra inspections planned this year • Inspections during construction expected to increase • Permits • Activity has slowed – economy? • Small backlog • Enforcement • 4 open cases • 8 orders covering 12 dams • 3 dams completed last year, several scheduled for construction this year. • State staff cuts ???? Majority of staff, including Section Chief, have low seniority