6 CRR-NY 673.11NY-CRR

OFFICIAL 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 673. DAM SAFETY REGULATIONS
6 CRR-NY 673.11
6 CRR-NY 673.11
673.11 Notices of property transfer.
(a) The owner of a dam that either:
(1) is equal to or greater than 15 feet in height or has a maximum impoundment capacity equal to or greater than three million gallons, unless the dam has a height equal to or less than six feet, regardless of impoundment capacity, or an impoundment capacity less than or equal to one million gallons, regardless of height; or
(2) has been assigned a hazard classification of class B or C, shall provide the following notices of property transfer:
(i) Notice by seller or transferor. Prior to the signing of a contract of sale or other legal instrument used to transfer rights in or title to the property where a dam is located, the dam owner shall provide the prospective buyer or transferee a materially complete narrative description of the dam and its appurtenant works, and the specific location (latitude and longitude) thereof.
(ii) Notice of turnover of records by seller or transferor. No later than the date of transfer of the property or rights therein, the dam owner shall provide the buyer or transferee with copies of all records that are and were subject to the recordkeeping requirements of this Part. The records shall be accompanied by a certification, signed in accordance with section 673.8(d) of this Part, that all available records required by this Part to be maintained for said dam have been turned over. Nothing in this Part shall be construed to prohibit the dam owner from allowing a prospective buyer or transferee from inspecting any records required to be maintained by this Part in advance of the date of transfer.
(iii) Notice by buyer or transferee. No later than the date of transfer of the property or rights therein, the dam owner who is the buyer or transferee shall send written notification of the property transfer to both:
(a) the department's dam safety section; and
(b) the municipality or municipalities in which the dam is located. The notification shall: describe the dam and its appurtenant works; provide the location (latitude and longitude) of the dam; and include a certification, signed in accordance with section 673.8(d) of this Part, as to the name(s), mailing address(es), and a telephone number capable of contacting the dam owner(s) who is the buyer or transferee.
6 CRR-NY 673.11
Current through November 30, 2020
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