6 CRR-NY 672-1.3NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER X. DIVISION OF WATER RESOURCES
SUBCHAPTER A. GENERAL
ARTICLE 1. MISCELLANEOUS RULES
PART 672. RESERVOIR RELEASES REGULATIONS: OTHER
SUBPART 672-1. RESERVOIR RELEASES REGULATIONS—GENERAL
6 CRR-NY 672-1.3
6 CRR-NY 672-1.3
672-1.3 Operation of reservoirs.
(a) Specific regulations pertaining to the operation of individual reservoirs or reservoir systems are set forth in the remaining Subparts of this Part.
(b) Due to the technical limitations of operating water regulating devices and measuring flows, any rate of flow stated, required or allowed pursuant to this Part shall be deemed to include a rate of flow 10 percent lower than the stated, required or allowed rate of flow where that rate is a minimum allowable rate and shall be deemed to include a rate of flow 10 percent higher than the stated, required or allowed rate of flow where the rate is a maximum allowable rate.
(c) The provisions of this Part shall not be deemed to require an agency to monitor the flow in a particular river or stream more than once during any 24-hour period, or, accordingly, to adjust releases or diversions of water from a particular reservoir more than once during any 24-hour period; provided that an agency shall be responsible for monitoring flows and making any necessary corresponding adjustments at least once during every 24-hour period; and further provided that any such monitoring of the flow in a river or stream shall be binding on the agency with respect to compliance with the provisions of this Part until the next such monitoring is made.
(d) The provisions of this Part shall not be interpreted as requiring any adjustment of releases or diversions from a particular reservoir regulated by this Part in response to a hydrologic event of short duration which may cause any flow maximum established by this Part to be exceeded for a short duration (e.g., a summer rainstorm of three hours).
(e) An agency may propose and take an action with regard to the operation of a reservoir and its appurtenant facilities which does not meet the requirements of this Part if it obtains the department's approval of such action in accordance with this subdivision. Such department approval must be obtained prior to the commencement of any action pursuant to this subdivision. The department may approve an action proposed pursuant to this subdivision if it finds such action is reasonable and consistent with the purposes of this Part.
(1) The agency reservoir releases manager shall submit a written proposal for such action to the department reservoir releases manager. Such proposal shall specify the dates and times of the proposed action, the amount of water to be released, the rate at which the water is to be released, the duration of the action, and the purpose of the action. Such written proposal shall be received in the office of the department reservoir releases manager not less than 24 hours prior to the commencement of the first proposed action.
(2) Within 24 hours of his receipt of the written proposal by the agency reservoir releases manager, or as soon thereafter as practical, the department reservoir releases manager shall notify the agency reservoir releases manager by telephone whether the department has approved, approved with modifications, or disapproved the proposed action. In the event of an approval or approval with modifications, the department reservoir releases manager shall specify the dates and times of the authorized action, the amount of water to be released, the rate at which water is to be released, the duration of the approved action, and any conditions pertaining to the implementation or termination of the approved action.
(3) As soon as practicable after notifying the agency reservoir releases manager by telephone, as provided in paragraph (2) of this subdivision, the department reservoir releases manager shall mail a letter to the agency reservoir releases manager stating the decision of the department with regard to the proposal involved. In the event the department has approved the agency's proposal or approved it with modifications, said letter shall specify the dates and times of the approved action, the amount of water to be released, the rate at which water is to be released, the duration of the approved action, and any conditions pertaining to the implementation or termination of the approved action. In the event the department has disapproved the agency's proposal or approved it with modifications, said letter shall specify the reasons for such disapproval or modifications.
(4) When the agency is not able to provide a written proposal to the department as specified in paragraph (1) of this subdivision at least 24 hours prior to the commencement of the first proposed action, the agency reservoir releases manager may submit a proposal for such an action by telephone to the department reservoir releases manager, which telephone proposal shall be made not less than 24 hours prior to the first proposed action. Such proposal shall specify all the information required for a written proposal under paragraph (1) of this subdivision. Immediately following such telephone proposal, the agency reservoir releases manager shall mail to the department reservoir releases manager a written proposal stating those matters covered by the telephone proposal. Within 24 hours of his receipt of such a proposal by telephone, or as soon as practical thereafter, the department reservoir releases manager shall notify the agency reservoir releases manager as to the department's decision regarding such proposal in the manner specified in paragraphs (2) and (3) of this subdivision.
(5) The telephone approval by the department provided in paragraphs (2) and (4) of this subdivision shall constitute the authorization for the agency to proceed with an action approved by the department pursuant to this subdivision. No action shall be taken by the agency pursuant to this subdivision until such telephone approval has been received, and then only in accordance with such telephone approval.
(6) The agency reservoir releases manager and the department reservoir releases manager shall each maintain a complete and accurate log of all telephone conversations made pursuant to this subdivision.
(7) With respect to any action proposed by an agency pursuant to this subdivision which relates to any inspection, maintenance or repair to any reservoir or any appurtenant structures or facilities, the approval, approval with modifications, or disapproval of the department under this subdivision shall be made only with respect to the time and duration of the proposed action and the effect of such proposed action on rivers and streams impacted thereby, and shall not be made with respect to the substantive details of the inspection, repair or maintenance activity. The department shall not unreasonably delay any inspection, maintenance or repair activity which the agency wishes to undertake with the regard to said facilities.
(f) Both the agency reservoir releases manager and the department reservoir releases manager may designate one or more persons to take all actions under this section in the place of and on behalf of such manager; provided that each such designation shall be in writing and shall be on file in the respective office of each manager and provided further that any such designation shall authorize such designee to act in all respects under this section for the respective manager.
(g)
(1) The department may request an agency to take an action with respect to the release of water from any reservoir regulated pursuant to this Part in a manner that does or does not comply with any or all of the provisions of this Part relating specifically to the release of water from a reservoir for the purpose of field monitoring, testing, or research; protecting the fishery, water quality, or other natural resources of any river or stream affected by such releases; protecting the fishery, water quality or other natural resources of any reservoir from which releases are made for the benefit of existing recreational uses of such reservoir; or special recreational events on a river or stream affected by water releases.
(2) Such request by the department shall be submitted in writing by the department reservoir releases manager to the agency reservoir releases manager and shall be received by the agency reservoir releases manager at least 24 hours prior to the first requested action. Said request by the department shall be consistent with the purposes of this Part and shall specify the dates and times of the requested action, the amount of water to be released, the rate at which water is to be released, the duration of the requested action, the specific purpose of the requested action and any conditions governing implementation and termination of the requested action. If the department reservoir releases manager is not able to provide a written request to the agency reservoir releases manager at least 24 hours prior to the commencement of the first requested action, the department reservoir releases manager shall submit such request by telephone at least 24 hours prior to the commencement of the first requested action. Such telephone request shall contain all of the information required of a written request. Immediately following such telephone request, the department reservoir releases manager shall submit the required written request, as described herein, to the agency reservoir releases manager.
(3) The degree to which a request by the department under this subdivision shall be binding on a particular agency shall be as set forth in the Subpart of this Part that applies to the reservoir in question.
(4) The agency's receipt of the department's written or telephone request shall constitute the department's direction for the agency to proceed with an action requested by the department pursuant to this subdivision. No action shall be taken by the agency pursuant to this subdivision until such written or telephone request has been received, and any such action shall be undertaken in accordance with such request.
(5) The department reservoir releases manager and the agency reservoir releases manager shall each maintain a complete and accurate log of all telephone conversations made pursuant to this subdivision.
(h) The department reservoir releases manager and the applicable agency reservoir releases manager shall provide the necessary telephone arrangements to fulfill the provisions of this section.
(i) All telephone logs and written communications made pursuant to this section shall be considered matters of public record.
6 CRR-NY 672-1.3
Current through March 15, 2023
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