- (a) Upon request by the owner of an existing dam that does not meet the minimum acceptable standards stated in Subparts 5 and 8 of this part, the Chief Engineer of the Arkansas Natural Resources Commission may authorize a variance from this criteria.
(b) The chief engineer’s decision shall consider:
- (1) Consequences of dam failure;
- (2) The owner’s proposal for reduction of hazards;
- (3) Barriers to upgrading of the structure; and
- (4) Other pertinent factors.