DEC TO MAKE SIGNIFICANT CHANGES IN DRAFT DAM SAFETY REGULATIONS!!

On December 3, 2008, at a meeting of the Water Management Advisory Committee,NYS Department of Environmental Conservation (DEC) Assistant Commissioner for Water Resources, Jim Tierney, announced that the Department will be issuing NEW draft dam safety regulations. The draft regulations that NYSFOLA members have commented on for the last two years will NOT be implemented.

Mr. Tierney stated that DEC received many excellent comments from dam owners. Because of those comments, the new regulations will contain "significant changes" from the earlier versions. Mr. Tierney did not elaborate on what those changes might be, nor was he able to say when the new version would be released. Many thanks to NYSFOLA Board member Bob Rosati for his dedication to this issue for the last few years. It was his "heads up" that brought this issue to NYSFOLA's attention back in 2006. Since then, Bob has spent a great deal of his time working for NYSFOLA and the Melody Lake Association to bring some "reason" to the new dam safety regulations. Thanks to Gregg Bell, lobbyist, Coalition of Dam Owners for Fairness and Safety for attending the meeting and sharing the news.

UPDATE DECEMBER 5, 2008 Today, NYSFOLA Board Member Bob Rosati spoke with Mr. Peter Connery from NYSDEC's Dam Safety Unit. The entire proposed dam safety regs have been scrapped and are being rewritten. They will probably be released in the spring of 2009. There will be new public comment periods later in the year with planned implementation sometime in 2010. NYSFOLA recommends that all lake associations that are dam owners take some action in the meantime!

1. Write a letter to all legislators that supported our efforts thanking them for their help and requesting that they stay involved with the rewriting of the regs.

2. Remember that everyone still has the responsibility to maintain a safe dam and that no matter how the proposals change, that responsibility does not go away. Dam Safety remains an important goal for NYSFOLA and DEC. However, we have clearly made the point that while the regulations must be in place, the provisions need to be achievable.

3. According to DEC, the need for an emergency action plan and a maintenance plan for all Class B & Class C dams will be included in the new regs. We encourage all dam owners to accept this. NYSFOLA will work towards providing information to assist lake associations with this requirement.

FEMA has some great publications available. Log onto: http://www.fema.gov/plan/prevent/damfailure/publications.shtm to view or download.
We will be showing the DVD "Guidelines for Dam Safety" at the annual conference. NYSFOLA will continue to keep everyone updated, and we will invite DEC staff to the conference in May once again.

No Files Available

The letter to the DEC is very important and should be on your Associations letterhead if
possible and signed by Officers of your group.

Thank you,

NYSFOLA

NYACD Comments Concerning DEC Dam Safety Regulations