The following selection is the official public notice of the draft dam safety regulations and the public hearings which were held on them. It is from the NYS Department of Environmental Conservation's Environmental News Bulletin at the following address: http://www.dec.ny.gov/enb/20080213_not0.html
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Proposed Rule Making and Public Hearings to Amend Dam Safety Regulations.
The purpose of the Public Hearings is to give the public an opportunity to provide oral and/ or written comments on the New York State Department of Environmental Conservation (NYS DEC or Department) proposal to amend Part 673 and portions of Parts 608 and 621 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR). These revisions are intended to reflect statutory authorities and requirements in Sections 3-0301, 15-0503, 15-0507, 15-0511, 15-0516, 71-1109, and 71-1111 of the Environmental Conservation Law (ECL).
Chapter 364, Laws of 1999 amended ECL Sections 15-0503, 15-0507 and 15-0511 to expressly require all dam owners - whether or not subject to a NYS DEC permit under ECL § 15-0503 - to operate and maintain such structures in a safe condition. The amendments explicitly authorize NYS DEC to adopt regulations requiring dam owners to prepare safety programs including inspections, monitoring, maintenance and operation, and emergency plans, where failure of the dam could cause personal injury, substantial property damage or substantial natural resource damage. This program is defined by the proposed modifications to Part 673. Enforcement provisions were modified in Article 71. These changes are reflected in proposed modifications to Part 673. The statutory amendments also increased dam size thresholds for dam construction permits issued by the Department. This change is reflected in the proposed modifications to Part 608.
Chapter 17, Laws of 2006 amended the ECL by adding a new Section 15-0516 regarding the department's distribution of department inspection reports of dam safety for intermediate and high hazard dams. This is reflected in proposed language in Part 673.
Revisions to Part 621 are proposed to make all dam permit applications Major projects as defined in Part 621.
Public Hearing Times and Locations:
April 15, 2008, 10:00 a.m. to 2:00 p.m. Samuel Morse Site, 2683 South Road, Poughkeepsie, NY 12601
April 18, 2008, 10:00 a.m. to 2:00 p.m., Holiday Inn Rochester-Marketplace, 800 Jefferson Rd., Rochester, NY 14623
May 2, 2008, 10:00 a.m to 2:00 p.m., Rooms 129A and 129B at the NYS DEC Office, 625 Broadway, Albany, NY 12233.
Note: ID is required to enter the building; there is ample parking, including handicapped parking, available at the paid lots on either side of the building.
Hearing Facilities Services:
The hearings are scheduled at locations reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to hearing impaired persons, at no charge, upon advance written request received at the address below within a reasonable time prior to the scheduled hearing and information meetings.
Oral / Written Statements:
All persons, organizations, corporations, and governmental agencies that may be affected by the proposed amendments will have an opportunity to make an oral statement at the Public Hearings and/or file a written statement. It is not necessary to file a written statement or request in order to appear or make a statement at the hearing. Written statements received prior to, during, or after the hearing, and oral statements made at the hearing, will be given equal consideration. Written statements may be filed on or before May 17, 2008 addressed to:
Ms. Jamie Woodall
Bureau of Flood Protection and Dam Safety
Division of Water
NYS DEC
625 Broadway, 4th Floor, Albany, NY 12233-3504
E-mail: jvwoodal@gw.dec.state.ny.us
If filing electronically, please include "comments on dam safety rule making" in the subject line.
Environmental and Regulatory Impact Review:
The Department has determined that the proposed revisions will not have a significant adverse environmental impact. The Department has prepared a Regulatory Impact Statement (RIS), a Regulatory Flexibility Analysis (RFA) for small businesses and local governments, a Rural Area Flexibility Analysis (RAFA), and a Job Impact Statement (JIS), under the State Administrative Procedures Act.
A single paper copy of the documents may be obtained free of charge by emailing or writing to Ms. Jamie Woodall at the above address.
A single copy on CD may be obtained free of charge by emailing or writing to Ms. Jamie Woodall the above address.
DEC Region 1: SUNY @ Stony Brook, 50 Circle Rd., Stony Brook, NY 11790 - 3409 (Attn: Eric Star; Phone: (631) 444-0423)
DEC Region 2: 47-40 21st Street, Long Island City, NY 11101. (Attn: Robert Elburn, Phone: (718) 482-4930)
DEC Region 3: 21 South Putt Corners Rd., New Paltz, NY 12561 (Attn: John Sansalone, Phone: (845) 256-3019)
DEC Region 3 Sub-Office: 100 Hillside Ave., Suite 1W, White Plains, NY 10603. (Attn: Tom Rudolph, (914) 428-2505)
DEC Region 4: 1130 N. Westcott Rd., Schenectady, NY 12306 (Attn: Tom Blanchard, Phone: (518) 357-2379)
DEC Region 5: 1115 NYS Rt. 86, P.O. Box 296, Ray Brook, NY 12977 (Attn: Dominic Fontana, Phone: (518) 897-1243)
DEC Region 5 Sub-Office: 232 Hudson St, Warrensburg, NY 12885 (Attn: Bill Wasilauski, Phone: (518) 623-1200)
DEC Region 6: 317 Washington St., Watertown, NY 13601 (Attn: Steve Botsford, Phone: (315) 785-2513)
DEC Region 7: 615 Erie Blvd. West, Syracuse, NY 13204 (Attn: James Burke, Phone: (315) 426-7506)
DEC Region 8: 6274 E. Avon-Lima Rd., Avon, NY 14414 (Attn: Dixon Rollins, Phone: (585) 226-5450)
DEC Region 8 Horseheads Suboffice: 276 Sing Sing Road, Suite 1, Horseheads, NY 14845 (Attn: Flood Control Engineer, Phone: (607) 739-0809)
DEC Region 9: 270 Michigan Ave., Buffalo, NY 14203 (Attn: Jerry Palumbo, Phone: (716) 851-7070)
Authority:
The Department of Environmental Conservation (DEC) is conducting this legislative public hearing pursuant to section 3-0301 of the Environmental Conservation Law (ECL).
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