New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 670 - Reservoir Releases Regulations: Schoharie Reservoir-shandaken Tunnel-esopus Creek
Section 670.7 - Emergency situations

Universal Citation: 6 NY Comp Codes Rules and Regs § 670.7

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The provisions of section 670.3 of this Part shall not be applicable to any action taken by the city with regard to the operation of the Shandaken tunnel in any emergency situation where:

(1) there is a threat to the continued existence or safe operation of the Schoharie reservoir, its dam and appurtenant structures; the Shandaken tunnel and appurtenant structures; or the Ashokan reservoir and its dams and appurtenant structures; to the public health and safety; or to the maintenance of a satisfactory level of water quality in the Ashokan reservoir;

(2) such threat may not be averted by any action taken in compliance with section 670.3 of this Part; and

(3) such threat can be averted by an action of the city that is not in compliance with section 670.3 of this Part.

(b) Any action taken pursuant to this section with respect to the operation of the Shandaken tunnel shall continue only for such time as is necessary to avert the threat involved. The city reservoir releases manager shall provide immediate telephone notice to the department reservoir releases manager regarding any action taken by the city pursuant to this section. The city reservoir releases manager shall provide written notice to the department reservoir releases manager within five working days of any action taken by the city pursuant to this section, which notice shall specify the action taken and set forth the reasons for the city reservoir releases manager's decision pursuant to paragraph (1)-(3) of subdivision (a) of this section.

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