Ariz. Admin. Code § 12-15-1226

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

Section R12-15-1226 - Non-emergency Repairs; Loans and Grants

A. If the Director determines that a dam represents a threat to human life and property but is not in an emergency condition, the Director may use the dam repair fund, established under A.R.S. § 45-1212.01, as prescribed in this Article to defray the costs of repair.

B. Monies from the dam repair fund may be used for loans and grants to owners as provided in A.R.S. §§ 45-1218 and 45-1219.

C. To qualify for a loan or grant from the dam repair fund, a dam shall be classified as unsafe by the Director.

D. The Director may authorize grant funds for all or part of the cost of engineering studies or construction needed to mitigate the threat to human life and property created by a dam.

1. The Director and the grantee shall execute a financial assistance agreement that includes terms of financial assistance, the work progress, and payment schedule.

2. The Director shall disburse grant funds in accordance with the financial assistance agreement.

3. The Director shall establish a priority ranking for grants based on factors including the potential for failure of a dam, the number of lives at risk, and the capability of the owner to pay a portion of the costs.

E. The Director may loan funds for engineering studies or for all or part of construction as prescribed in A.R.S. § 45-1218.

1. The Director and the dam owner shall execute a loan repayment agreement. The loan repayment agreement shall be delivered to and held by the Department.

2. The Director shall establish a priority ranking for loans based on factors including the potential for failure of a dam, the number of human lives at risk, and the capability of the owner to pay a portion of the costs.

Ariz. Admin. Code § R12-15-1226

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