Arizona Laws 27-1226. Initiation, extension and completion of reclamation
A. Beginning January 1, 2007, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at an aggregate mining unit, reclamation shall be initiated:
Terms Used In Arizona Laws 27-1226
- Aggregate mining unit: means an individual portion of an aggregate mining facility that encompasses one or more surface disturbances. See Arizona Laws 27-1201
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Inspector: means the state mine inspector. See Arizona Laws 27-1201
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Reclamation: means measures that are taken on surface disturbances at exploration operations and aggregate mining units to achieve stability and safety consistent with postaggregate mining land use objectives specified in the reclamation plan. See Arizona Laws 27-1201
- Surface disturbance: means clearing, covering or moving land by means of mechanized earthmoving equipment for aggregate mining and exploration but does not include surveying, assessment and location work, seismic work, maintenance and other such activities that create a de minimis disturbance. See Arizona Laws 27-1201
1. Within one year after completing the exploration operation or aggregate mining unit.
2. Within one year after cessation of aggregate mining activity.
3. As required by applicable federal law.
B. The state mine inspector shall extend the period in which to initiate reclamation under subsection A, with up to three subsequent five year extensions, if the owner or operator of an exploration operation or aggregate mining unit demonstrates a reasonable likelihood that the project or operation will resume, based on a consideration of factors, including:
1. The presence of additional aggregate being mined or other commodities in commerce.
2. Historical fluctuations in the value of the commodity being mined or other commodities present if they can be mined using the same disturbances.
3. Changing market conditions and demand for the commodity being mined.
4. The design life of any process components existing at an aggregate mining unit.
C. Once initiated, the final reclamation measures shall be performed as stated in the approved reclamation plan unless the exploration operation or aggregate mining unit is reactivated.