Arizona Laws 27-442. Aggregate mining operations; community notice; application
A. An owner or operator of an aggregate mining operation shall not conduct any aggregate mining until it has an approved community notice pursuant to section 27-445, except that an owner or operator of an existing aggregate mining operation may continue the operation if a community notice is filed as provided by subsection H of this section.
Terms Used In Arizona Laws 27-442
- Aggregate: means cinders, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. See Arizona Laws 27-441
- Aggregate mining: means clearing, covering or moving land using mechanized earth-moving equipment on privately owned property for aggregate development and production purposes, including ancillary aggregate finished product activities. See Arizona Laws 27-441
- Existing aggregate mining operation: means an aggregate mining operation that was in operation on or before the date the aggregate mining operations zoning district is established pursuant to section 11-812. See Arizona Laws 27-441
- Inspector: means the state mine inspector and except in article 7 of this chapter his deputies. See Arizona Laws 27-301
- Major modification: means a change in an approved community notice that is one or more of the following:
(a) An increase of more than twenty acres from that stated in the currently approved community notice for the aggregate mining operation. See Arizona Laws 27-441
- Mine: means all lands containing excavations, underground passageways, shafts, tunnels and workings, structures, facilities, equipment, machines or other property including impoundments, retention dams, tailings and waste dumps, on the surface or underground, used in, to be used in or resulting from the work of extracting minerals or other materials, excluding hydrocarbons. See Arizona Laws 27-301
- Mining: means those activities conducted to develop or extract materials from a mine including on-site transportation, concentrating, milling, leaching, smelting or other processing of ores or other materials. See Arizona Laws 27-301
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Minor modification: means a change in a community notice that is not a major modification. See Arizona Laws 27-441
- New aggregate mining operation: means an aggregate mining operation that begins operations after the date the aggregate mining operations zoning district is established pursuant to section 11-812. See Arizona Laws 27-441
- operation: means property that is owned, operated or managed by the same person for mining aggregate and is located in an aggregate mining operations zoning district established pursuant to section 11-812. See Arizona Laws 27-441
- Operator: means a natural person, corporation, partnership association, agent, governmental entity or other public or private organization or representative owning, controlling or managing a mine. See Arizona Laws 27-301
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
B. An owner or operator of an aggregate mining operation shall not undertake a major modification of an approved community notice until a major modification application is approved by the state mine inspector pursuant to section 27-445.
C. The owner or operator of a new aggregate mining operation shall file an application for a community notice with the inspector containing:
1. The name and mailing address of the aggregate mining operation.
2. The name and mailing address of the owner or operator of the operation.
3. The name, mailing address and telephone number of the designated community representative or representatives for the operation.
4. A statement describing the mining activities to be conducted at the operation.
5. The amount of acreage of the operation and a map showing the location of the major process facilities.
6. Each type of major equipment to be used in the operation.
7. The approximate date when the operation will start.
8. A description and location of access routes to be used to and from the operation site during normal hours and nonemergency conditions.
9. The normal operating hours of the operation to be maintained during nonemergency conditions, unless the inspector authorizes a temporary variance from normal operating hours.
10. A description of measures the owner or operator will use to moderate, to the extent economically practicable at the site, any adverse physical effects on the residential property owners who are notified pursuant to section 27-444.
D. An owner or operator who owns or leases the land of the operation may submit a joint application for a community notice with one or more lessees or sublessees who are also operating an aggregate mining operation on the same property. A joint application for a community notice must separately list the information required pursuant to subsection C of this section by each owner or operator of an aggregate mining operation. Owners or operators of aggregate mining operations who received approval for a joint application for a community notice may also file a joint application on that approved community notice for major and minor modifications.
E. The owner or operator may propose a major or minor modification by filing an application with the inspector containing the text of the community notice with the proposed changes noted in the text.
F. Within fourteen days after receiving an application for a community notice for a new aggregate mining operation or major modification, the inspector shall notify the applicant if the community notice application contains the information required by subsection C of this section or if the major modification application is complete pursuant to subsection E of this section. If the inspector fails to notify the applicant within fourteen days, the application is considered to be complete.
G. The owner or operator must file an application for a minor modification to an approved community notice with the state mine inspector. Minor modifications take effect on filing, unless a later effective date is designated in the application. Applications for minor modifications are not subject to sections 27-443, 27-444 and 27-445.
H. For purposes of having an approved community notice, within ninety days after an aggregate mining operations zoning district is established pursuant to section 11-812, the owner or operator of an existing aggregate mining operation must file with the state mine inspector a community notice, which is not subject to sections 27-443 and 27-444. The community notice shall contain all the information required by subsection C of this section, except paragraph 7, for its aggregate mining operation. Owners or operators of existing aggregate mining operations may submit a joint application for a community notice pursuant to subsection D of this section.