Ariz. Admin. Code § 11-3-101

Current through Register Vol. 30, No. 25, June 21, 2024
Section R11-3-101 - Definitions

The definitions at A.R.S. §§ 27-441 and 27-1201 apply to this Chapter. Additionally, unless the context requires otherwise, in this Chapter:

"Act" means the Arizona Mined Land Reclamation Act, enacted in 2005, A.R.S. § 27-1201 et seq., as amended.

"Approved reclamation plan" means a plan for reclaiming surface disturbances submitted by the responsible party and approved by the Inspector.

"Borrow pit" means an unregulated excavation surface disturbance from which overburden is extracted for use as fill material in the form in which it is extracted.

"Completion," means permanent discontinuance of mining activity of an exploration operation or aggregate mining unit without the intent to resume mining activity.

"Growth media" means substances or materials that promote or support vegetation.

"Inert material," as defined at A.R.S. §§ 49-201 and 49-701, means broken concrete, asphaltic pavement, manufactured asbestos-containing products, brick, rock, gravel, sand, and soil. Inert material includes materials that when subjected to a water leach test that is designed to approximate natural infiltrating waters will not leach substances in concentrations that exceed numeric aquifer water quality standards established under A.R.S. § 49-223, including overburden and wall rock that is not acid generating, taking into consideration acid neutralization potential, and that has not and will not be subject to mine leaching operations.

"Inspection" means a visual review of an exploration operation or aggregate mining unit to assure compliance with the Act, this Chapter, and conditions of an approved reclamation plan.

"Institutional controls" means mechanisms that guide, manage, or exercise restraint or direction, including deed restrictions, to protect public safety, fencing districts, and physical control of access.

"Mining activity" means any action directly involved in mineral exploration, development, or production at or on an exploration operation or aggregate mining unit.

"Non-mining excavation surface disturbance" means a surface disturbance or excavation that is not an integral or active part of an aggregate mining activity at an aggregate mining facility and does not require reclamation under the Act or this Chapter. Non-mining excavation surface disturbance includes construction excavations, borrow pits, and other site-development excavations that are not used for aggregate development, occur on a one-time or intermittent basis, and involve no processing except use of a screen to remove large rocks, wood, and trash.

"Operator" means a person or the person's designated agent, who is legally responsible for directing mining activity at an exploration operation or aggregate mining unit.

"Overburden" means material covering an area that lends itself to economical exploitation.

"Owner" means a person that owns land with surface disturbances subject to the Act and this Chapter.

"Person" means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.

"Responsible party" means the owner or operator designated in an aggregate site reclamation plan as the person responsible under the Act and this Chapter.

"Riprap" means loose stone or other material used to armor shorelines, streambeds, bridge abutments, pilings, and other structures against erosion.

"Showing of good cause" means a demonstration by the responsible party of:

A reason beyond the responsible party's control that prevents or limits the ability to act within required time limits; or Good faith efforts toward the coordination and submission of a aggregate site reclamation plan.

"Substantial change" means one or more of the following alterations to an approved reclamation plan:

Change in the post-aggregate mining use of the land from that stated in the approved reclamation plan;

New surface disturbance that cannot be reclaimed in a manner substantially similar to that stated in the approved reclamation plan;

Change to the final topography of a surface disturbance that substantially affects the reclamation measures stated in the approved reclamation plan;

Change to reclamation measures stated in the approved reclamation plan that has the effect of lessening restrictions to public access to pits or other surface features that may cause a hazard to persons legally on the premises;

Change to reclamation measures stated in the approved reclamation plan that materially affects post-aggregate mining land use;

Change to reclamation measures stated in the approved reclamation plan that materially affects the reclamation of access roads, drill pads, drill holes, trenches, and other exploration workings;

New surface disturbance or expansion beyond the boundaries stated in the approved reclamation plan; or

Significant decreases in the cost estimate stated in the reclamation plan to perform reclamation measures for the purpose of determining financial assurance requirements under Article 5 of the Act.

Ariz. Admin. Code § R11-3-101

Adopted by final rulemaking at 25 A.A.R. 828, effective 5/11/2019.