Sections
Article 1 General Provisions 27-301 – 27-318
Article 2 Explosives and Blasting 27-321 – 27-325
Article 3 Hoists, Shafts and Underground Operations 27-341 – 27-373
Article 4 Prevention of Hazardous Dust and Gas Conditions 27-411 – 27-412
Article 5 Open Pits 27-421 – 27-425
Article 6 Aggregate Mining Operations 27-441 – 27-448
Article 7 Rules and Regulations 27-461 – 27-469

Terms Used In Arizona Laws > Title 27 > Chapter 3

  • Abandoned mine: means a mine where mining operations have been permanently terminated or the operator has complied with section 27-303, subsection C or for which no owner, operator or other claimant of record can be located for a deserted mine site. See Arizona Laws 27-301
  • Adult: means a person who is eighteen years of age or older. See Arizona Laws 8-201
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Claim: means the portion of mining ground held under federal and local law by one claimant or association, by virtue of one location and record. See Arizona Laws 27-301
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of child safety. See Arizona Laws 8-201
  • Dependent: A person dependent for support upon another.
  • Detention: means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation. See Arizona Laws 8-201
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Incorrigible child: means a child who:

    (a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person. See Arizona Laws 8-201

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means the state mine inspector and except in article 7 of this chapter his deputies. See Arizona Laws 27-301
  • Inspector: means the state mine inspector. See Arizona Laws 27-461
  • Interested parties: means all persons who have filed written notice with the inspector of their desire to receive the notices provided for in this article. See Arizona Laws 27-461
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • juvenile: means an individual who is under the age of eighteen years. See Arizona Laws 8-201
  • Juvenile court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility. See Arizona Laws 8-201
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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 the age of eighteen years. 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • 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
  • Open pit: means any mine operated on the surface of the earth, including quarries, but excluding sand and gravel operations. See Arizona Laws 27-301
  • Operation: means a mine, mill, smelter, sand and gravel plant or pyrometallurgical or hydrometallurgical operation. See Arizona Laws 27-301
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Serious physical injury: means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:

    (a) Creates a reasonable risk of death. See Arizona Laws 8-201

  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Underground mine: means a mine in which minerals or other material is extracted from beneath the surface by means of shafts, tunnels or other openings. See Arizona Laws 27-301
  • workings: means any or all parts of a mine excavated or being excavated, including shafts, tunnels, drifts, crosscuts, adits, entries, winzes, raises, stopes, open cuts, and all working places, whether abandoned or in use. See Arizona Laws 27-301
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
  • Writing: includes printing. See Arizona Laws 1-215