A. An owner or operator is not required to provide notice or obtain approval of a reclamation plan or financial assurance mechanism under this chapter before creating a surface disturbance pursuant to a remedial action in response to an emergency or to a government order to prevent or mitigate an actual or potential release of pollutants into the environment.

Terms Used In Arizona Laws 27-925

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Reclamation: means measures that are taken on surface disturbances at exploration operations and mining units to achieve stability and safety consistent with post-mining land use objectives specified in the reclamation plan. See Arizona Laws 27-901
  • Surface disturbance: means clearing, covering or moving land by means of mechanized earth-moving equipment for mineral exploration, development and production purposes 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 27-901

B. The owner or operator shall update the reclamation plan and financial assurance mechanism within six months after completing the emergency or remedial measure.

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