Ariz. Admin. Code § R12-15-1207 - Application Process
A. An applicant
shall obtain written approval from the Director before constructing,
reconstructing, repairing, enlarging, removing, altering, or breaching a dam.
Application requirements differ according to the hazard potential of the dam.
1. To construct, reconstruct, repair,
enlarge, or alter a high or significant hazard potential dam, the applicant
shall comply with
R12-15-1208.
2. To breach or remove a high or significant
hazard potential dam, the applicant shall comply with
R12-15-1209.
3. To construct, reconstruct, repair,
enlarge, alter, breach, or remove a low hazard potential dam, the applicant
shall comply with
R12-15-1210.
4. To construct, reconstruct, repair,
enlarge, alter, breach, or remove a very low hazard potential dam, the
applicant shall comply with
R12-15-1211.
B. An application shall not be
filed with the Director under the following circumstances:
1. The dam is exempt under
R12-15-1203;
2. A dam owner starts repairs to an existing
dam that are necessary to safeguard human life or property and the Director is
notified without delay;
3. The
owner performs general maintenance or ordinary repairs as prescribed in
R12-15-1217(A) or (B); or
4.
Breach, removal, or reduction of a very low hazard dam as prescribed in
R12-15-1211(C).
C. An
applicant 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 a proposed dam. The Director shall state in writing the reason
or reasons the applicant is not required to comply with a
requirement.
D. An applicant shall
schedule pre-application conferences with the Department to discuss the
requirements of this Article and to resolve issues essential to the design of a
dam while the design is in preliminary stages. The Director shall view the dam
site during the pre-application process. The following are examples of issues
for pre-application conferences: the hazard potential classification, the
approximate inflow design flood, the basic design concepts, and any
requirements that may be found by the Director to be unduly burdensome or
expensive and not necessary to protect human life or safety. In addition, the
applicant may submit preliminary design calculations to the Department for
review and comment. The Department shall comment as soon as practicable,
depending on the size of the submittal and the current workload.
E. The Department shall review applications
as follows:
1. Applications will be received
by appointment. During this meeting the Department shall make a brief review of
the application to determine that the application contains each of the items
required by
R12-15-1208,
R12-15-1209,
R12-15-1210,
or
R12-15-1211.
2. Following receipt of an application
submitted under
R12-15-1208,
R12-15-1209,
R12-15-1210,
or
R12-15-1211,
the Director shall complete an administrative review as prescribed in
R12-15-401(1) and notify the applicant in writing whether
the application is administratively complete. If the application is not
administratively complete, the notification shall include a list of additional
information that is required to complete the application.
3. After finding the application submitted
under
R12-15-1208,
R12-15-1209,
R12-15-1210,
or R12-15-1211 administratively complete, the Director shall complete a
substantive review as prescribed in
R12-15-401(3)
and notify the applicant in writing of the Director's approval or disapproval.
If during this review period, the Director determines that there are defects in
the application that would impact human life and property, a written notice of
the defects shall be sent to the applicant.
4. An applicant may request in writing that
the Director expedite the review of an application by employing an expert
consultant on a contract basis under A.R.S. §
45-104(D).
The Director shall establish on-call contracts with expert consultants to
facilitate the process of expediting review. The Director may retain a
consultant to review all or a portion of the application as necessary to
expedite the process in response to an owner's request or to comply with
time-frame rules. Before conducting the review, the consultant shall provide
the Director and the applicant with a proposed time schedule and cost estimate.
If the applicant agrees to the consultant's proposal for an expedited review of
an application and the Director employs the consultant, the applicant shall pay
to the Department the cost of the consultant's services in addition to the
application fees. The Director retains the authority to review and approve,
disapprove, or modify the findings and recommendations of the
consultant.
5. The Director shall
not approve an application in less than 10 days from the date of
receipt.
6. If the Director
disapproves the application, the Director shall provide the applicant with a
statement of the Director's objections.
7. If the Director approves an application,
the applicant shall submit in triplicate revised drawings and specifications
that incorporate any required changes.
a. The
Director shall return to the applicant 1 set of final construction drawings and
specifications with the Department's approval stamp to be retained onsite
during construction;
b. The
Director shall retain for permanent state record 1 set of final construction
drawings and specifications with the Department's approval stamp; and
c. The Director shall retain for use by the
Department during construction the 3rd set of final construction drawings and
specifications with the Department's approval stamp.
8. The Director shall impose conditions and
limitations that the Director deems necessary to safeguard human life and
property. Examples of the conditions of approval include but are not limited
to:
a. The applicant shall not cover the
foundation or abutment with the material of the dam until the Department has
been given notice and a reasonable time to inspect and approve them.
b. The applicant shall start construction
within 1 year from the date of approval.
c. The applicant shall maintain a safe
storage level for an existing dam being reconstructed, repaired, enlarged,
altered, or breached.
F. An approval to construct a new dam or
repair, enlarge, alter, breach, or remove an existing dam is valid for 1 year.
1. If construction does not begin within 1
year, the approval is void.
2. Upon
written request and good cause shown by the owner, the time for commencing
construction may be extended. An applicant shall not start construction before
the Director reviews the application for changes and grants approval.
Notes
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