6 CRR-NY 673.5NY-CRR
6 CRR-NY 673.5
6 CRR-NY 673.5
673.5 Hazard classifications.
(a) The department may assign a hazard classification to dams according to the potential impacts of a dam failure. The factors used to evaluate and assign a hazard classification are:
(1) the height, impoundment capacity and physical characteristics of the dam;
(2) the physical characteristics of the location of the dam, including the areas which would be affected by a failure of the dam; and
(3) the potential consequences and other circumstances relevant to the failure of the dam, including, without limitation:
(i) personal injury and loss of human life;
(ii) damage to developed areas, occupied buildings, or other land improvements;
(iii) economic loss;
(iv) damage to natural resources;
(v) proximity to and possible impairment of access to emergency services; and
(vi) other site-specific characteristics or factors which the department determines are necessary to consider.
(b) The hazard classifications for dams are assigned based on the particular physical characteristics of a dam and its location, may be assigned irrespective of the size of the dam, as appropriate, and are as follows:
(1) Class A or low hazard dam. A dam failure is unlikely to result in damage to anything more than isolated or unoccupied buildings, undeveloped lands, minor roads such as town or county roads; is unlikely to result in the interruption of important utilities, including water supply, sewage treatment, fuel, power, cable or telephone infrastructure; and/or is otherwise unlikely to pose the threat of personal injury, substantial economic loss or substantial environmental damage.
(2) Class B or intermediate hazard dam. A dam failure may result in damage to isolated homes, main highways, and minor railroads; may result in the interruption of important utilities, including water supply, sewage treatment, fuel, power, cable or telephone infrastructure; and/or is otherwise likely to pose the threat of personal injury and/or substantial economic loss or substantial environmental damage. Loss of human life is not expected.
(3) Class C or high hazard dam. A dam failure may result in widespread or serious damage to home(s); damage to main highways, industrial or commercial buildings, railroads, and/or important utilities, including water supply, sewage treatment, fuel, power, cable or telephone infrastructure; or substantial environmental damage; such that the loss of human life or widespread substantial economic loss is likely.
(4) Class D or negligible or no hazard dam. A dam that has been breached or removed, or has failed or otherwise no longer materially impounds waters, or a dam that was planned but never constructed. Class D dams are considered to be defunct dams posing negligible or no hazard. The department may retain pertinent records regarding such dams.
(c) A list of assigned hazard classifications will be maintained and made available by the department's dam safety section. A list will also be available at each regional office of the department for the dams within that region. The list will also be made available to the public in electronic form either through the department's website or through other means. The list is informational in nature, and a dam is not required to be on the list to confer jurisdiction for action by the department according to statute or its implementing regulations.
(d) The department may change a dam's hazard classification as necessary at any time to accurately reflect the potential impacts of dam failure. Upon changing the hazard classification of a dam, the department shall notify the dam owner in writing and provide the basis therefore.
(e) A dam owner may contest the department's assignment of or change to a hazard classification. The dam owner must send a written request for hazard classification review to the department's dam safety section and must accompany the request with documentation of the specific potential impacts posed by the dam's failure, based on the specific physical characteristics of both the dam and its location. Documentation may include results of a dam break analysis, inundation mapping, and other relevant information in order to support the request for reclassification of the dam. The director of the department's Division of Water, or duly authorized designee, will review the owner's request for review and supporting documentation and issue a written decision either denying the request or changing the hazard classification.
(f) Any person may provide to the department, and the department shall consider, information relevant to the assignment of a hazard classification to a dam.
6 CRR-NY 673.5
Current through March 15, 2023
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