Ariz. Admin. Code § 12-15-1219

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

Section R12-15-1219 - Safety Inspections; Fees

A. Except as provided in subsection (E), the Director shall conduct a dam safety inspection annually or more frequently for each high hazard potential dam, triennially for each significant hazard potential dam, and once every five years for each low and very low hazard potential dam. An owner of a dam shall pay the inspection fee required by R12-15-105 for each inspection of the dam pursuant to this subsection.

B. An engineer is considered qualified to provide information to the Director regarding the safe storage level of a reservoir if the engineer:

1. Meets the criteria in R12-15-1202(11),

2. Has three years of experience in the field of dam safety, and

3. Has actual experience in conducting dam safety inspections.

C. A dam safety inspection includes:

1. Review of previous inspections, reports, and drawings;

2. Inspection of the dam, spillways, outlet facilities, seepage control, and measurement systems;

3. Inspection of any permanent monument or monitoring installations;

4. Assessment of all parts of the dam that are related to the dam's safety; and

5. A recommendation regarding the safe storage level of the reservoir.

D. The engineer shall submit a safety inspection report that describes the findings and lists actions that will improve the safety of the dam. The report shall include the engineer's recommendation of the safe storage level. The engineer shall use a report form approved by the Director.

E. Inspections by the Owner

1. An owner may provide to the Director, at the owner's expense, a safety inspection report that complies with the requirements of subsections (B), (C), and (D) in place of an inspection by the Department. The owner's engineer shall notify the Director and submit a written summary of the engineer's qualifications at least 14 days before the scheduled safety inspection.

2. The Director may refuse to accept an inspection that does not conform to this Article.

3. A safety inspection report submitted pursuant to this subsection shall include the fee required by R12-15-105(D).

F. Inspections by the Department

1. The Director may enter at reasonable times upon private or public property and the owner shall permit such entry, where a dam is located, including a dam under construction, reconstruction, repair, enlargement, alteration, breach, or removal, for any of the following purposes:

a. To enforce the conditions of approval of the construction drawings and specifications related to an application for construction, reconstruction, repair, enlargement, alteration, breach, or removal.

b. To inspect a dam that is subject to this Article.

c. To investigate or assemble data to aid review and study of the design and construction of dams, reservoirs, and appurtenances or make watershed investigations to facilitate decisions on public safety to fulfill the duties of A.R.S. § 45-1214.

d. To ascertain compliance with this Article and A.R.S. Title 45, Chapter 6.

2. Upon receipt of a complaint that a dam is endangering people or property:

a. The Director shall inspect the dam unless there is substantial cause to believe the complaint is without merit.

b. If the complainant files a complaint in writing and deposits with the Director sufficient funds to cover the costs of the inspection, the Director shall make an inspection.

c. The Director shall provide a written report of the inspection to the complainant and the dam owner.

d. If an unsafe condition is found, the Director shall cause it to be corrected and return the deposit to the complainant. If the complaint was without merit the deposit shall be paid into the general fund.

3. The Director may employ qualified on-call consultants to conduct inspections.

4. Inspections under subsection (A) shall comply with the requirements of A.R.S. § 41-1009.

Ariz. Admin. Code § R12-15-1219

New Section adopted by final rulemaking at 6 A.A.R. 2558, effective June 12, 2000 (Supp. 00-2). Amended by exempt rulemaking at 16 A.A.R. 1205, effective June 15, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1950, effective September 10, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 659, effective June 4, 2011 (Supp. 11-2).