Current through Register Vol. 30, No. 38, September 20, 2024
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.
