Ariz. Admin. Code § 11-3-209

Current through Register Vol. 30, No. 25, June 21, 2024

Section R11-3-209 - Cessation of Aggregate Mining Activity

A. The Inspector shall consider the cessation of aggregate mining activity to have occurred if:

1. No aggregate mining activity has occurred during the last 12 months and no mining entity has notified the Inspector of an agreement under A.R.S. § 27-1228 to transfer an approved reclamation plan;

2. The person conducting the aggregate mining activity has gone out of business and the Inspector has received no notice from a succeeding legal entity;

3. An extension of time to initiate reclamation provided under R11-3-205 has expired and no other extension has been requested; or

4. The annual status report required under R11-3-504 is at least 180 days overdue.

B. If the Inspector determines under subsection (A) that mining activity has ceased at an aggregate mining facility, the Inspector shall provide written notice of the determination to the last known address of the responsible party by the U.S. Postal Service with receipt or hand delivery. The notice shall inform the responsible party of the determination of cessation of mining activity and provide 45 days in which to respond to the determination. If the responsible party does not respond within the 45 days provided, the determination of cessation is final.

C. The date on which the determination of cessation is final is the date the responsible party shall use to calculate, under A.R.S. § 27-1226, the date for initiation of reclamation.

Ariz. Admin. Code § R11-3-209

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