Arizona Laws 27-992. Mining unit or existing exploration operation
A. The owner or operator of an existing exploration operation or a new or existing mining unit shall transmit a financial assurance mechanism to the state mine inspector within sixty days after a reclamation plan is approved. The inspector shall take final action on the financial assurance mechanism within thirty days after it is received.
Terms Used In Arizona Laws 27-992
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Existing exploration operation: means an exploration operation that is ongoing as of July 1, 1996. See Arizona Laws 27-901
- Existing mining unit: means a mining unit, other than a new mining unit, that continued operations after January 1, 1986. See Arizona Laws 27-901
- Inspector: means the state mine inspector. See Arizona Laws 27-901
- Mining unit: means an individual portion of a mining facility that encompasses one or more surface disturbances. See Arizona Laws 27-901
- 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. In determining the amount of financial assurance to be provided for an existing exploration operation or a new or existing mining unit, the inspector shall consider the costs of approved reclamation measures stated in the reclamation plan. In computing reclamation costs, the inspector shall assume that third parties will perform the reclamation measures. The inspector shall reduce the amount of the required financial assurance to the costs of the owner or operator performing the reclamation measures if the owner or operator can demonstrate sufficient financial ability to perform the necessary reclamation or if the owner or operator meets the financial assurance reduction criteria established by rule. Financial ability shall be established by one or more of the financial mechanisms described in 40 C.F.R. § 264.143(f).
C. Each financial assurance mechanism for an existing exploration or new or existing mining unit submitted to the inspector shall provide the amount in current dollars equal to the cost to:
1. Perform the approved reclamation measures stated in the reclamation plan on the area of surface disturbance.
2. Provide continued care and monitoring of the areas stated in the reclamation plan for revegetation for no more than three growing seasons without additional supplemental irrigation or other man-induced inputs after performing the reclamation measures unless the supplemental inputs are part of the post-mining land use. Notwithstanding this paragraph, revegetation efforts that are necessary to achieve the post-mining land use objective are considered adequate and complete if the owner or operator has taken reasonable measures to achieve vegetative success. Technical and economic practicability as it relates to site-specific conditions and the proposed post-mining land use shall be taken into account in making that determination.
D. The inspector shall adjust the amount of financial assurance every five years or more often as necessary to adjust for new areas of planned surface disturbances or inflation or to reflect changed costs resulting from substantial modifications of the reclamation plan.