Ariz. Admin. Code § 11-3-817

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

Section R11-3-817 - Forfeiture Criteria; Forfeiture of Financial Assurance

A. A financial assurance mechanism filed with the Inspector or a state agency is subject to forfeiture if any of the following exist:

1. An exploration operation or mining unit has been completed, abandoned, or temporarily closed for a period greater than allowed by the Act or this Chapter without initiating reclamation;

2. An exploration operation or mining unit has been completed, abandoned, or temporarily closed for a period greater than allowed by the Act or this Chapter and the responsible party stops or suspends any ongoing reclamation, as determined by the Inspector;

3. The responsible party stops conducting business in Arizona and does not transfer the approved reclamation plan and financial assurance to a new operator under A.R.S. § 27-1228;

4. The responsible party stops conducting business due to insolvency, bankruptcy, receivership, or engages in misconduct as described under A.R.S. § 27-1205;

5. The responsible party fails to comply with the conditions of the financial assurance mechanism; or

6. The responsible party fails to reclaim the surface disturbances under the approved reclamation plan, the Act, or this Chapter.

B. After determining one or more of the criteria specified in subsection (A) exist, the Inspector shall initiate forfeiture action or contact any federal or state agency with which the financial assurance mechanism was filed and ask the agency to initiate forfeiture action.

Ariz. Admin. Code § R11-3-817

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