Ariz. Admin. Code § 12-15-1220

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-15-1220 - Existing Dams

A. The requirements of this Article apply to existing dams, except as provided in subsections (B) and (C).

B. If the Director has determined that an existing dam is in a safe condition, the owner is not required to comply with R12-15-1216 unless the Director determines that it is cost effective to upgrade the dam to comply with the requirements of R12-15-1216 at the time a major alteration or major repair is planned. In determining whether it is cost effective to upgrade a dam, the Director shall consider:

1. The hazard potential classification of the dam;

2. Whether the cost of the upgrade would exceed 25% of the total cost of the major alteration or major repair; and

3. Whether there is a more cost effective alternative that would provide an equivalent increase in safety.

C. If the Director has determined that a dam is in an unsafe condition, the owner shall comply with the requirements in R12-15-1216. The owner is not required to comply with a requirement in this Article if the Director finds that, considering the site characteristics and the proposed design, the requirement is unduly burdensome or expensive and is not necessary to protect human life or property. The Director shall consider the size, hazard potential classification, physical site conditions, and applicability of a requirement to the dam. The Director shall state in writing the reason or reasons the owner is not required to comply with a requirement.

D. The owner shall ensure that installation of utilities beneath or through an existing dam is accomplished by open cuts or jacking and boring methods.

Ariz. Admin. Code § R12-15-1220

New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2).