- (a) Persons who believe themselves or their property to be endangered by failure of a dam that is below the size requirements specified in 15 CAR § 23-104 may file a petition requesting that the Arkansas Natural Resources Commission require permitting and compliance with dam safety regulations for that dam.
- (b) Commission investigation. Upon receipt of such petition, the Director of the Arkansas Natural Resources Commission shall immediately begin an investigation of the petitioner’s allegations.
(c) Public hearing.
- (1) As a part of the commission’s investigation, a public hearing shall be held within the county in which the dam is located.
- (2) Notice of the hearing shall be published in a manner consistent with 15 CAR § 23-208.
- (d) Commission order. Upon consideration of staff findings and testimony received, the commission shall issue an order either approving or denying the petitioner’s request.