A.R.S. § 27-272 — Arizona Code / Title 27 / Chapter 2 / Article 5 / Section 272
27-272 Common variety mineral leases; terms and conditions; rules
Status: in_force

27-272. Common variety mineral leases; terms and conditions; rules

A. The state land department may dispose of common variety minerals at auction and may execute common variety mineral leases offered at auction for the severance, extraction or disposal of common variety minerals.

B. A lease shall be comprised of not more than one legal section of six hundred forty acres, more or less, or lot of the public land survey and shall provide for:

1. A term of not more than ten years unless the commissioner considers a longer term to be necessary, but in no event may the lease issue for a term longer than twenty years.

2. A rental based on a percentage of the appraised land value, payable before the commissioner executes the lease and at the beginning of each subsequent annual period.

3. The right of the lessee:

(a) To use as much of the surface of the premises as is reasonably necessary to extract, sever, temporarily store, remove and dispose of common variety minerals.

(b) To wash, screen, crush, sort or otherwise mechanically process.

(c) Of ingress to and egress from the premises across other state lands along designated routes approved by the department.

(d) To assign the lease, provided that such assignment shall not become effective until a copy of the lease is filed with the department and is approved by the commissioner as being in the best interests of the state.

4. Other terms and conditions as the department may deem for the best interests of the state and that are not in conflict with the enabling act, constitution and laws of this state.

C. The department shall establish in the lease the terms of the royalty to be paid for all common variety minerals severed or extracted from the leased land and disposed of by the lessee. The royalty rate shall be established by auction, but it shall be at least the minimum royalty established by the department based on the appraised value of the common variety minerals. The lease shall provide for:

1. Payment of a minimum annual royalty due and payable on the anniversary date of the lease. The minimum annual royalty shall be based on a minimum annual production rate and shall be applied as a credit to payment for common variety minerals extracted or severed from the land. Royalty for any common variety mineral extracted, severed or disposed of in excess of the minimum annual production is due and payable monthly, within thirty days after billing.

2. The application of minimum annual royalty payments as a credit for payment of common variety minerals for which payment must be made. Monies so advanced and not credited against payments for common variety minerals become the sole property of this state on termination or expiration of the agreement.

D. Common variety minerals are not subject to lease as provided by articles 3 and 4 of this chapter.

E. The department shall adopt rules necessary for the administration of this article.
A.R.S. § 27-502 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 502
27-502 Declaration of policy
Status: in_force

27-502. Declaration of policy

A. It is the public policy of the state to:

1. Conserve the natural resources of oil and gas and products thereof.

2. Prevent waste of oil and gas resources.

3. Provide for protection and adjustment of correlative rights of owners of land wherein the natural resources lie and of owners and producers of oil and gas resources and products thereof, and of others interested therein.

4. Encourage development of natural resources of oil and gas and their products.

5. Encourage continuous and economic supply thereof and demand therefor.

6. Safeguard the health, property and public welfare of citizens of the state and other interested persons.

7. Promote all purposes indicated by the provisions of this article.

B. This article shall be administered by the oil and gas conservation commission.

C. The legislature finds and declares that oil and gas in commercial quantities have now been discovered and are being produced within this state.
A.R.S. § 27-363 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 363
27-363 Danger signals; visitors
Status: in_force

27-363. Danger signals; visitors

A. Owners or operators shall place warning signs or other warning notices at the entrance to working places deemed dangerous, and at the entrance to old or abandoned workings of active mines, and no person other than those authorized by the operator shall remove or go beyond a caution-board, warning sign or danger signal so placed.

B. Visitors shall not be allowed underground unless accompanied by the operator or his agent.
A.R.S. § 27-273 — Arizona Code / Title 27 / Chapter 2 / Article 5 / Section 273
27-273 Performance and reclamation bonds
Status: in_force

27-273. Performance and reclamation bonds

A. The commissioner may require the lessee to post a cash deposit, a certificate of deposit, a surety bond or any other form of financial assurance acceptable to the commissioner to guarantee the payment of all monies due under the lease as royalty to the state.

B. The commissioner shall require the lessee to furnish a cash deposit, a certificate of deposit, a surety bond or any other form of financial assurance acceptable to the commissioner, in a reasonable amount to be fixed by the commissioner, conditioned that the lessee will guarantee reclamation of the surface of the land described in the lease to a reasonable condition in accordance with good mining practices.

C. The commissioner shall also require the lessee to file with the department a cash deposit, a certificate of deposit, a surety bond or any other form of financial assurance acceptable to the commissioner, conditioned upon prompt payment to the owner or lessee of the surface of the state land covered by the lease, or across which the lessee exercises the right of ingress, for any loss to such owner or lessee from damage or destruction caused by the lessee or the lessee's agents or employees to grasses, forage, crops and improvements upon such lands.

D. On default, the commissioner may use the proceeds of the cash deposit, certificate of deposit, surety bond or other financial assurance for the purposes described in subsection A, B or C.
A.R.S. § 27-994 — Arizona Code / Title 27 / Chapter 5 / Article 5 / Section 994
27-994 Duplication of financial assurance not required
Status: in_force

27-994. Duplication of financial assurance not required

Financial assurance is not required under this article that duplicates financial assurance that is required under other state or federal laws.
A.R.S. § 27-350 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 350
27-350 Lights; trolley wires
Status: in_force

27-350. Lights; trolley wires

A. Stationary lights which are approved by the inspector shall be provided during working hours at all stations in shafts during the time such shafts are in actual use, and at all stations in levels where hoisting or hauling is conducted by means of machinery, and at night at all working places on the surface.

B. Electric trolley wires shall be at least seven feet above the floor.
A.R.S. § 27-1292 — Arizona Code / Title 27 / Chapter 6 / Article 5 / Section 1292
27-1292 Aggregate mining unit or existing exploration operation
Status: in_force

27-1292. Aggregate mining unit or existing exploration operation

A. The owner or operator of an existing exploration operation or a new or existing aggregate 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.

B. In determining the amount of financial assurance to be provided for an existing exploration operation or a new or existing aggregate 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 Code of Federal Regulations section 264.143(f).

C. Each financial assurance mechanism for an existing exploration or new or existing aggregate 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 postaggregate mining land use.  Notwithstanding this paragraph, revegetation efforts that are necessary to achieve the postaggregate 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 postaggregate 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.
A.R.S. § 27-506 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 506
27-506 Regulation of drilling in pools; notice of sale, transfer or purchase
Status: in_force

27-506. Regulation of drilling in pools; notice of sale, transfer or purchase

A. The commissioner shall, upon notice and hearing, regulate drilling and location of wells in any pool and the production therefrom to prevent reasonably avoidable net drainage from each developed unit so that each owner in a pool shall have the right and opportunity to recover his fair and equitable share of recoverable oil and gas in the pool.

B. A rule, regulation or order of the commissioner made under the provisions of this section shall not be of such effect as to:

1. Make it necessary for a producer from, or an owner of, a tract of land in a pool, in order to obtain his just and equitable share of the production of the pool, to drill and operate a well on the tract in addition to such wells as may without waste produce his share.

2. Occasion net drainage unless wells are drilled and operated on the tract in addition to such wells thereon as can without waste produce the tract's just and equitable share of the production of the pool.

C. Any owner of a well, any owner of land upon which a well is located, or any lessor or lessee of land upon which a well is located shall notify the commission, in writing and on such form as the commission may prescribe, of the sale, assignment, transfer, conveyance or exchange of such well, land or lease. Such notice shall be made within ten days of such sale, assignment, transfer, conveyance or exchange and shall contain:

1. The name and address of the person to whom sold, assigned, transferred, conveyed or exchanged.

2. The name and location of the well.

3. The date of the sale, assignment, transfer, conveyance or exchange.

D. Any person who acquires ownership or operation of any well, ownership of any land upon which a well is located or any lease rights to land on which a well is located, whether by purchase, assignment, transfer, conveyance, exchange or otherwise, shall, within ten days after acquiring such well, land or lease rights, notify the commission, in writing and on such form as the commission may prescribe, of his ownership or operation. Such notice shall contain:

1. The name and address of the person from whom acquired.

2. The name and location of the well.

3. The date of acquisition.

4. The date when operations are assumed or resumed by new owner.
A.R.S. § 27-527 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 527
27-527 Violation; classification
Status: in_force

27-527. Violation; classification

A. Any person who violates any provision of this article, or any rule, regulation or order of the commission, is subject to a civil penalty of not more than one thousand dollars for each violation and for each day the violation continues.

B. Any person who, with the intent to evade this article, or any rule, regulation or order of the commission, knowingly makes or causes to be made a false entry in any application, report, record, account or memorandum required by this article or by any such rule, regulation or order, or who knowingly omits or causes to be omitted from any application, report, record, account or memorandum, full, true and correct entries as required by this article, or by any such rule, regulation or order, or who knowingly removes from this state, or destroys, mutilates, alters or falsifies any such application, record, account or memorandum or knowingly makes any false statement to the commission or any member, officer, or employee of the commission concerning any matter within the jurisdiction of the commission is guilty of a class 2 misdemeanor.

C. The penalties provided in this section shall be recoverable by action filed by the attorney general, in the name and on behalf of the state, in the superior court of the county in which the defendant resides, or in which any defendant resides if there are more than one defendant, or in the superior court of any county in which the violation occurred. The payment of any penalty shall not operate to legalize so that it is no longer contraband any oil, gas or product involved in the violation for which the penalty is imposed, and shall not relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of the violation.
A.R.S. § 27-539 — Arizona Code / Title 27 / Chapter 4 / Article 1.1 / Section 539
27-539 Validation of unit agreements
Status: in_force

27-539. Validation of unit agreements

An agreement for the unit or cooperative development and operation of a field, pool, or part thereof, may be submitted to the commission for approval as being in the public interest or reasonably necessary to prevent waste. Such approval shall constitute a complete defense to any suit charging violation of any statute of the state relating to trusts and monopolies on account thereof or on account of operations conducted pursuant thereto. The failure to submit such an agreement to the commission for approval shall not for that reason imply or constitute evidence that the agreement or operations conducted pursuant thereto are in violation of laws relating to trusts and monopolies.
A.R.S. § 27-1254 — Arizona Code / Title 27 / Chapter 6 / Article 3 / Section 1254
27-1254 Beginning new exploration operations
Status: in_force

27-1254. Beginning new exploration operations

New exploration operations may begin when both of the following occur:

1. The state mine inspector approves the reclamation plan for the exploration operations.

2. Financial assurance has been submitted to the inspector as required by article 5 of this chapter.
A.R.S. § 27-316 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 316
27-316 Intoxicating liquors and drugs
Status: in_force

27-316. Intoxicating liquors and drugs

No intoxicating liquors or beverages and no narcotic drugs shall be permitted on any operation. No employee or other person under the influence of or believed to be under the influence of intoxicating liquors or narcotic drugs shall enter or be permitted to enter on any operation.
A.R.S. § 27-1253 — Arizona Code / Title 27 / Chapter 6 / Article 3 / Section 1253
27-1253 Approval; criteria
Status: in_force

27-1253. Approval; criteria

The state mine inspector shall approve a reclamation plan for exploration operations within sixty days after receiving a complete plan if the plan provides for the reclamation of surface disturbances at the exploration operations according to the following requirements, as applicable:

1. Exploration access roads that the operator constructs and that will not be part of a postexploration use shall be reclaimed in a timely manner after the exploration is completed.  If a governmental unit or agency will accept dedication or conveyance of an access road, reclamation is not required.  Reclamation shall include removing culverts, restoring drainage to its general predisturbance configuration, ripping the road surface to reduce compaction and aid revegetation and controlling access of motorized vehicles to the reclaimed area.

2. Holes that are drilled for aggregate exploration purposes, unless completed for water monitoring, withdrawal or other use, shall be plugged, sealed or capped promptly after their use is completed as prescribed by rule by the department of water resources and as necessary to ensure the safety of persons, domestic animals, livestock and machinery in the area.

3. Drill pads shall be reshaped promptly after completion of drilling to prevent erosion and to establish contours that are generally compatible with the adjacent areas or shall be ripped to reduce compaction and aid revegetation and, if appropriate, seeded to minimize erosion.

4. Mud pits that are used for drilling fluids and produced waters shall be reclaimed after hazardous substances are removed and disposed of, if necessary, and after they are sufficiently dry by reshaping to contours that are generally compatible with the adjacent areas.  If it is appropriate to the area, suitable growth media shall be spread and seeded over the pit area.

5. Exploration trenches and pits shall be backfilled and reclaimed as soon as practicable as prescribed in the reclamation plan.  If the trench or pit will remain open, measures shall be taken to stabilize the sides to address erosion control and to restrict access.  Trench and pit reclamation shall include backfilling, reshaping to contours generally compatible with the adjacent areas and, if appropriate for the area, seeding to reestablish vegetation.

6. Areas that have been cleared by blading with mechanized equipment during exploration operations shall be reshaped after exploration is completed, unless used for a postexploration use, to be generally compatible with the adjacent area.  Compacted areas shall be ripped to aid revegetation.
A.R.S. § 27-973 — Arizona Code / Title 27 / Chapter 5 / Article 4 / Section 973
27-973 Approval; criteria
Status: in_force

27-973. Approval; criteria

A. The state mine inspector shall approve a reclamation plan for mining units if the plan provides for reclamation measures for surface disturbances that are:

1. Necessary to achieve a safe and stable condition suitable for the post-mining land use objectives stated in the reclamation plan.

2. Compatible with good engineering practices regarding erosion control and seismic activity for the applicable seismic zone.

B. In evaluating the reclamation plan, the inspector shall consider the technical and economic practicability of the proposed reclamation measures, taking into account the site-specific circumstances at the mining unit and the proposed post-mining land use objectives as stated in the reclamation plan, including:

1. Grazing and other agricultural land use objectives.

2. Developed water resources and water management projects.

3. Fish or wildlife habitat.

4. Forestry.

5. Historic preservation.

6. Industrial or commercial, including tourism.

7. Recreation.

8. Residential.

9. Scientific or educational.

10. Mining or remining, except that the proposed post-mining use of mining or remining does not relieve an owner or operator from complying with or implementing the reclamation plan requirements under this chapter.

11. Other appropriate post-mining land use objectives.

C. The post-mining land use objective stated in the reclamation plan need not be the same use of the land that existed before the mining facility was located on the site.
A.R.S. § 27-556 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 556
27-556 Lease of state lands located within known geological structure of producing oil or gas field; sealed bids; call for bids; publication; lease extension; provisions of lease; acreage limitation
Status: reserved

27-556. Lease of state lands located within known geological structure of producing oil or gas field; sealed bids; call for bids; publication; lease extension; provisions of lease; acreage limitation

When state lands are located within a known geological structure of a producing oil or gas field, as determined pursuant to section 27-554, the lands shall be leased only by sealed bids, as follows:

1. Upon receipt of an application to lease any of such lands or whenever, in the opinion of the department, there is a demand for the purchase of leases of the lands, the department shall offer the tract or tracts for lease to the highest qualified bidder submitting a sealed bid, on the basis of a cash bonus.

2. The department shall publish a call for sealed bids twice in a newspaper of general circulation in the state, the last publication to be not less than fifteen days prior to the date fixed for opening the bids.  All bids, together with a certified check in the amount of the bonus bid, shall be submitted to the department at the capitol, and opened at the office of the department at the time specified. On or before December 1 each year, the department shall designate by general order the newspaper in which the publications shall be made during the following calendar year.  The successful bidder shall pay the cost of the publication and the reasonable expenses of the sale.

3. The publication shall contain a description of the land proposed to be leased, the time when the bids will be received and opened, the royalty to be demanded which the department shall fix prior to call for bids at not less than twelve and one-half per cent, and an annual rental to be demanded in the amount of one dollar per acre for each year.

4. The publication shall set forth the form of lease which the successful bidder will be required to execute. In lieu of publishing the form of lease in its entirety the publication may specify the form of lease by designating the form number of lease on file with the department, copies of which shall be furnished any person on request.

5. Royalties, including shut-in gas royalties, reserved to the state on production from any state lands leased pursuant to this article and committed to a unit plan of development by virtue of a unit agreement shall be paid only on that portion of production allocated to such state lands or any part of the state lands, pursuant to the terms and conditions of such unit agreement.

6. Each lease issued under this section shall be for a primary term of five years and as long thereafter as oil or gas is produced in paying quantities from the lands covered by the lease except that:

(a) If oil or gas is not being produced from the leased premises at the expiration of the primary term of the lease, but the owner of the lease is diligently engaged in drilling, completion or reworking operations, the lease continues in force for a period of two years from the date on which the lease would have otherwise expired and as long thereafter as oil or gas is produced in paying quantities from the lands. If oil or gas is produced from any such well or any other well drilled during any two year extension, the lease shall continue in force after such two year extension as long as oil or gas is produced in paying quantities from the leased premises.

(b) Oil or gas that is produced from any part of a unit in which state lands are included by virtue of a unit agreement and that is allocated to all or any part of such state lands pursuant to the terms and conditions of the unit agreement is deemed to be produced from the state lands or that part of the state lands to which the production is allocated.

(c) If for any reason production of oil or gas from the leased lands ceases after the primary term or any extension, the lease shall not terminate if the lessee commences drilling, completion or reworking operations on the land within ninety days from cessation of production, and if drilling, completion or reworking operations are conducted with reasonable diligence, the lease shall remain in force as long thereafter as such drilling, completion or reworking operations are conducted or as long thereafter as oil or gas is produced in paying quantities from the leased lands, but in no event to extend beyond two years if production is not restored.

7. The lease may contain other terms and provisions not inconsistent with the provisions of this article or other laws of the state, as in the opinion of the department are for the best interests of the state.

8. Each lease shall provide that the state's royalties shall be computed after deducting any oil or gas reasonably used in operations on the lease.

9. Each lease shall provide that any combination, understanding or agreement entered into by the lessee, written, verbal or otherwise, for the purpose of delaying the discovery or development of oil or gas is an illegal practice, and that upon legal determination thereof shall constitute grounds for cancellation of the lease. In the event of such an illegal practice, appropriate proceedings may be instituted by the attorney general against the lessee in the county in which the land, or any part thereof, is located. A cooperative or unit plan entered into pursuant to this article or any other conservation statute of this state shall not be held to violate this paragraph or any other statute of this state prohibiting monopolies or acts, arrangements, contracts, combinations or conspiracies in restraint of trade or commerce on account of operations conducted under such a plan.

10. The owner of any state oil and gas lease issued by the department and maintained in good standing according to the terms and conditions of the lease and all applicable statutes and regulations shall have the right to elect at any time to have such lease amended to contain the same term and extension provisions and the same provisions relating to unit operations and unit agreements which have been or may be approved by the state land commissioner as are provided by law for state oil and gas leases upon filing a written notice of such election with the department. Upon such written notice to the department the lease term and extension provisions and the provisions relating to unit operations and unit agreements shall be deemed amended.  The lease as amended shall include all other provisions, except those providing for rents, contained in the original lease and shall bear the same commencement date as the original lease. The lease as amended shall require the payment in advance of an annual rental of one dollar and fifty cents per acre per year for each year of any extension of the lease beyond the primary term of the lease, except extensions of the primary term based upon the production of oil or gas.

11. Before offering any state lands for lease under sealed bids the department shall determine the tract or tracts into which the lands shall be divided for leasing purposes. Each tract shall contain not less than one quarter section of land and not more than two sections of land, but a tract containing less than one quarter section of land may be leased if the tract is segregated from other state lands not then subject to oil and gas lease. All tracts shall be in reasonably compact form.

12. The department shall reserve the right to reject any and all bids on each offer for lease and to again offer the tract or tracts for lease if the bids received are not acceptable to the department.

13. Before acceptance of any bid for a lease under this section, the department shall establish to its satisfaction the responsibility of the bidder.

14. The department shall return all checks accompanying rejected bids.
A.R.S. § 27-447 — Arizona Code / Title 27 / Chapter 3 / Article 6 / Section 447
27-447 Inspection and enforcement
Status: in_force

27-447. Inspection and enforcement

A. The state mine inspector may enter and inspect any aggregate mining operation to determine compliance with an approved community notice.

B. If the inspector determines that a person is violating this article, an approved community notice or aggregate mining operations zoning district standards regulation adopted by a county and approved by the state mining inspector pursuant to section 11-812, the inspector may issue an order requiring compliance either immediately if the violation is causing an imminent and substantial danger to the public or within a stated period of time.  A compliance order must state with reasonable specificity the nature of the community notice violation, a reasonable amount of time for compliance, if applicable, and the right to a hearing.  The inspector shall transmit the compliance order to the alleged violator either by certified mail, return receipt requested, or by hand delivery.  At the inspector's request, the attorney general may file an action to enforce orders issued under this section after the order becomes final.  The action must be filed in the superior court in the county in which the alleged violation occurred or in which the inspector maintains an office.

C. The inspector may suspend, withdraw or revoke a community notice approval if the inspector determines that the aggregate mining operation is in violation of an approved community notice.  Any action taken under this subsection must comply with the requirements of title 41, chapter 6, article 10 and section 41-1009, subsection E.

D. If the inspector has reason to believe that a person is violating this article or an approved community notice or aggregate mining operations zoning district standards regulation adopted by a county and approved by the inspector pursuant to section 11-812 or that a person is causing an imminent and substantial danger to the public safety, the inspector, through the attorney general, may request a temporary restraining order, a preliminary injunction or any other relief necessary to protect the public safety without regard to whether the person has requested a hearing.  An action filed pursuant to this subsection must be brought in the superior court in the county in which the alleged violation occurred or in which the inspector maintains an office.
A.R.S. § 27-108 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 108
27-108 Publications; deposit
Status: in_force

27-108. Publications; deposit

A. The Arizona board of regents, through the state geologist, may publish, in the form of bulletins, circulars, maps and other related series, or otherwise make available to state agencies, government officials, industry and the public the results of geological and related research and investigation undertaken by the Arizona geological survey. A publication shall not include any confidential information pursuant to section 27-522. The state geologist shall consult with the operator and obtain the approval of the scope of work for the publication before the state geologist releases any proposed publication pertaining to a project regulated by the oil and gas conservation commission.

B. The publications of the Arizona geological survey shall be printed as the university of Arizona determines and distributed or sold as the interests of this state or science demand.  Money obtained by the sale of publications shall be deposited in the geological survey fund established by section 27-107 for printing further publications.

C. All materials collected, after having served the purpose of the Arizona geological survey, shall be made available to the universities, community colleges and high schools of this state.
A.R.S. § 27-1236 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1236
27-1236 Licensing time frames
Status: in_force

27-1236. Licensing time frames

Title 41, chapter 6, article 7.1 applies to this chapter.
A.R.S. § 27-1233 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1233
27-1233 Fees; plan submissions; substantial changes; aggregate mining reclamation fund
Status: in_force

27-1233. Fees; plan submissions; substantial changes; aggregate mining reclamation fund

A. The state mine inspector may establish by rule a fee to be collected from the owner or operator of each exploration operation and aggregate mining unit at the time the owner or operator submits a plan under article 3 or 4 of this chapter or submits a substantial change to an approved plan pursuant to this article.

B. The aggregate mining reclamation fund is established consisting of fees collected pursuant to subsection A of this section and monies received pursuant to section 27-1204.  The inspector shall administer the fund.  Monies in the fund are subject to legislative appropriation and shall be used by the inspector to administer and enforce this chapter.  On notice from the inspector, the state treasurer shall invest and divest monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.
A.R.S. § 27-317 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 317
27-317 Waste dumps and tailings areas; signs; violation; classification
Status: in_force

27-317. Waste dumps and tailings areas; signs; violation; classification

In areas where waste dumps, subsidence areas or tailings areas border on inhabited or public places, the roads from such places leading into such areas shall be blocked off and danger signs shall be placed at intervals along the perimeter of the areas. Any person recklessly removing, destroying or defacing such signs or barriers is guilty of a petty offense as provided in section 27-302.
A.R.S. § 27-318 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 318
27-318 Abandoned and inactive mines to be secured; inspector authority; violation; classification
Status: in_force

27-318. Abandoned and inactive mines to be secured; inspector authority; violation; classification

A. Every mine operator or former mine operator or claimant who owns a mine or mining claim or possesses a mine or mining claim under lease, contract, permit or otherwise, who knowingly permits the existence on the premises of an abandoned or inactive mining shaft, portal, pit or other excavation which is dangerous to persons legally on the premises, who fails to cover, fence, fill or otherwise secure it and post warning signs, within sixty days of notification by the inspector and who fails to keep it so protected is guilty of a class 2 misdemeanor. If it is impossible or impracticable to comply with this subsection within the required sixty days, the operator may submit a written plan of action to the inspector which specifically outlines the measures that will be taken and the number of additional days necessary to comply with this section. In no case may the time extension granted by the inspector exceed an additional one hundred eighty days.

B. The inspector may enter on such land to inspect for dangerous conditions which may present a health and safety hazard to the public. If hazards exist, the inspector may erect warning signs across or near the entrance of any mine shaft, portal, pit or other mine opening prohibiting the entry of unauthorized persons or erect other protective devices as necessary.

C. If the mine operator cannot be located through reasonable efforts, the owner of record is the responsible party for the purposes of this section.  If neither the mine operator or owner of record can be located through reasonable efforts, the inspector shall erect warning signs across or near the entrance of any mine shaft, portal, pit or other mine opening prohibiting entry of unauthorized persons or erect other protective devices as necessary.

D. A person who knowingly and without authority removes, destroys or tampers with any warning sign, covering, fencing or other protection placed on, around or over any shaft, portal or other excavation is guilty of a class 6 felony.

E. Any reasonable and necessary cost incurred by the state mine inspector pursuant to this section may be recovered in a civil action brought by the attorney general against any responsible party.

F. Inert material, as defined in section 49-701, including concrete, asphaltic pavement, brick, rock, gravel, sand, soil and metal if used as reinforcement in concrete and glass may be used as fill material for the closure of abandoned mines with final cover consisting of earthen material that is at least ten feet deep.
A.R.S. § 27-1272 — Arizona Code / Title 27 / Chapter 6 / Article 4 / Section 1272
27-1272 Notice of complete, incomplete or denied plan
Status: in_force

27-1272. Notice of complete, incomplete or denied plan

A. The state mine inspector shall notify the owner or operator that the plan is complete or incomplete within thirty days after receiving the plan.

B. The inspector shall approve or disapprove a plan for new aggregate mining units within one hundred twenty days after receiving a complete plan.

C. If the inspector notifies the owner or operator that a plan is incomplete or denied, the inspector shall include a written explanation stating the reasons for denial, including recommendations for correcting incomplete or unacceptable parts of the plan consistent with the requirements of this chapter.  The owner or operator must refile the corrected plan within ninety days after notification that the previous plan was incomplete or denied or within a time frame mutually agreed on between the owner or operator and the state mine inspector that would not materially affect the safety of employees or cause undue hardship on an owner or operator.
A.R.S. § 27-519 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 519
27-519 Refusal to obey subpoena
Status: in_force

27-519. Refusal to obey subpoena

A. If a person fails or refuses to comply with a subpoena issued by the commissioner, or if a witness refuses to testify or answer to a matter regarding which he may be lawfully interrogated, the judge of the superior court of the county where such person resides, if a resident of the state, or the judge of the superior court of the county in which the land or any part thereof lies out of which the controversy arises, if the person is not a resident of the state, may, on application of the commissioner, issue an attachment for such person and compel him to comply with the subpoena and appear before the commissioner and produce such documents and give testimony upon such matters as required.

B. The court may punish for contempt as in case of disobedience of a subpoena issued by the court, or for refusal to testify.
A.R.S. § 27-552 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 552
27-552 Rules and regulations
Status: in_force

27-552. Rules and regulations

The department may prescribe rules and regulations necessary and appropriate to carry out the purposes of this article.
A.R.S. § 27-351 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 351
27-351 Hoists; operator; indicator
Status: in_force

27-351. Hoists; operator; indicator

A. No person addicted to intoxicating liquors or drugs, or under eighteen years of age shall be employed as a hoisting engineer.

B. All power hoisting machinery used in hoisting from or lowering employees and materials into mines, except for prospect shafts not exceeding three hundred feet in depth, shall be equipped with an indicator placed near and in clear view or hearing of the engineer. The indicator shall be in addition to marks on the rope, cable or drum.

C. It is unlawful to hoist or lower persons from or into a mine at a speed greater than fifteen hundred feet per minute, but the inspector may designate a lesser speed than fifteen hundred feet per minute in a shaft, if in his opinion a greater speed is unsafe, or a greater speed if in his opinion particular shafts and hoist conditions so warrant.
A.R.S. § 27-341 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 341
27-341 Escapement shafts
Status: in_force

27-341. Escapement shafts

A. Every operator maintaining in a mine a vertical or incline shaft or an adit to a distance greater than one hundred feet and who has drifted a distance of two hundred feet or more and commenced to stope, shall provide and maintain to the hoisting shaft or opening through which men are let into or out of the mine, and where the ore is extracted, a separate escapement shaft, raise or opening, or an underground opening, or communication with another contiguous mine. If the contiguous mine is owned or operated by a different person, the right to use the outlet through the contiguous mine, in all cases when necessary, or in case of accident shall be secured and kept in use.

B. Where an escapement shaft or opening is not in existence at the time stoping is commenced, work upon an escapement shaft or opening shall be commenced as soon as stoping begins and diligently prosecuted until completed, and the escapement shaft, raise or opening shall be continued to and connected with the lowest workings in the mine in which mining operations are being conducted.

C. The escapement shaft or exit shall be of sufficient size to afford an easy passageway, and if it is a raise or shaft, shall be provided with substantial ladders from the deepest workings to the surface.

D. When the exit or outlet is not in a direct or continuous course, signboards plainly marked showing the direction to be taken shall be placed at each departure from the continuous course.
A.R.S. § 27-975 — Arizona Code / Title 27 / Chapter 5 / Article 4 / Section 975
27-975 Features excluded from reclamation plan or allowed to remain following reclamation; public protection measures
Status: in_force

27-975. Features excluded from reclamation plan or allowed to remain following reclamation; public protection measures

A. A reclamation plan may exclude any provision for reclaiming open pits, rock faces or subsidence areas through backfilling or returning material to the open pit, rock face or subsidence area from which it was extracted if it is impracticable and if public access to the open pit, rock face or subsidence area, including any surrounding unstable areas or walls, is restricted by fencing or other institutional controls.

B. The following factors shall be considered in determining whether the reclamation of open pits, rock faces or subsidence areas is impracticable:

1. Cost to perform the reclamation.

2. Topography of the site.

3. Geology and stability of the site.

4. Time required to perform the reclamation.

5. Consumption of resources required to perform the reclamation.

6. Future access to mineral resources.

C. Buildings and other structures may remain after reclamation if adequate measures are taken to protect public safety.
A.R.S. § 27-523 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 523
27-523 Deposit of monies; expenses
Status: in_force

27-523. Deposit of monies; expenses

A. Monies collected by the commissioner under this article shall be deposited, pursuant to sections 35-146 and 35-147, in the fund.

B. Expenses incident to the administration of this article shall be paid from the fund, subject to legislative appropriation.
A.R.S. § 27-992 — Arizona Code / Title 27 / Chapter 5 / Article 5 / Section 992
27-992 Mining unit or existing exploration operation
Status: in_force

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.

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 Code of Federal Regulations section 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.
A.R.S. § 27-202 — Arizona Code / Title 27 / Chapter 2 / Article 1 / Section 202
27-202 Method of locating a lode claim; monument; location notice; amendments
Status: in_force

27-202. Method of locating a lode claim; monument; location notice; amendments

A. Location of a lode claim shall be made by erecting on the surface on the centerline within the boundaries of the claim a conspicuous monument of stones not less than three feet in height, or an upright post securely fixed and projecting at least four feet above the ground, in or on which there shall be posted a location notice, signed by the name of the locator. The location notice shall contain:

1. The name of the claim located.

2. The name and address of the locator.

3. The date of the location.

4. The length and width of the claim in feet, and the distance in feet from the location monument to each end of the claim.

5. The general course of the claim.

6. The locality of the claim with reference to some natural object or permanent monument whereby the claim can be identified and, if known to the locator, the identification of the section, township and range in which the notice of location of the claim is posted.

B. Until the requirements of subsection A are complied with, no right of location is acquired.

C. The notice may be amended at any time and the monument changed to correspond with the amended location, but no change shall be made which will interfere with the rights of others. If such amendment changes the exterior boundaries of the claim, a new or amended map, plat or sketch shall be recorded pursuant to section 27-203 showing such change.
A.R.S. § 27-927 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 927
27-927 Substantial changes to approved reclamation plan; fee
Status: in_force

27-927. Substantial changes to approved reclamation plan; fee

A. The state mine inspector must approve any substantial change to an approved reclamation plan as provided by this section before the change is implemented.

B. The owner or operator of the exploration operation or mining unit shall submit a notice of a proposed change to the inspector describing the purpose and scope of the proposed change and whether it constitutes a substantial change to the approved reclamation plan. If the inspector fails to respond within thirty days, the change is considered to be consistent with the operation's or unit's approved reclamation plan.

C. If the inspector determines that the change is substantial the inspector shall:

1. Notify the owner or operator of the decision within fifteen days after receiving the notice.

2. Require the owner or operator to submit an amendment to the plan for approval. The inspector shall approve or disapprove the amended plan within ninety days after receiving the amended plan.

D. The following changes are not considered to be substantial, and the owner or operator is required to file only an amendment to the reclamation plan and modify the financial assurance as necessary:

1. New surface disturbances that can be reclaimed in a manner that is substantially similar to the manner of reclamation included in the approved plan.

2. Changes in the specific techniques for reclamation, including the equipment used and the mixes of seeds and soils.

3. Changes in location, configuration or acreage of surface disturbances unless the changes substantially affect the reclamation measures stated in the reclamation plan.

E. Before implementing a substantial change in an approved reclamation plan, the owner or operator shall submit to the inspector a revised financial assurance mechanism to account for the substantial change.

F. If a surface disturbance is created on more than fifty acres of land that are not included in an initial reclamation plan, the owner or operator shall submit to the inspector a fee of not more than three dollars for each new acre of surface disturbance. This fee shall be submitted with either the notice of proposed change required in subsection B or with a plan amendment submitted pursuant to subsection D.
A.R.S. § 27-310 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 310
27-310 Copy of law available for inspection
Status: in_force

27-310. Copy of law available for inspection

The operator or person in charge of an operation shall keep at all times in the office of the operation and in the timekeeper's office in an accessible place and subject to inspection by all workmen and other interested persons at least one printed copy of this chapter.
A.R.S. § 27-1024 — Arizona Code / Title 27 / Chapter 5 / Article 6 / Section 1024
27-1024 Injunctive relief; civil penalties
Status: in_force

27-1024. Injunctive relief; civil penalties

A. Beginning April 1, 1997, if the state mine inspector has reason to believe that a person is violating this chapter or a rule adopted pursuant to this chapter or that a person is causing an imminent and substantial danger to the public safety, the inspector, through the attorney general, may request a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief necessary to protect the public safety, without regard to whether the person has requested a hearing.

B. A person who violates this chapter or a rule, order or reclamation plan approval adopted or issued pursuant to this chapter is subject to a civil penalty of not more than one thousand dollars for each day of violation, not to exceed fifteen thousand dollars for each violation. At the inspector's request, the attorney general shall file an action in superior court to recover civil penalties as prescribed by this section.

C. An action filed under this section shall be brought in superior court in the county in which the alleged violation occurred or in which the inspector maintains an office.
A.R.S. § 27-513 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 513
27-513 Permit to drill well
Status: in_force

27-513. Permit to drill well

A person desiring to drill a well in search of oil or gas shall notify the commissioner on a form prescribed by the commissioner, and shall pay a fee of twenty-five dollars for each well. Upon receipt of notification and the fee, the commissioner shall promptly issue the person a permit to drill, unless drilling the well is contrary to law or to a rule, regulation or order of the commissioner. Drilling the well is prohibited until a permit to drill is obtained in accordance with the provisions of this section.
A.R.S. § 27-560 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 560
27-560 Surface use by lessee; liability for damages; bond; appraisal of damages; appeal
Status: in_force

27-560. Surface use by lessee; liability for damages; bond; appraisal of damages; appeal

The lessee shall have the right to use as much of the surface of the lands as reasonably necessary for its operations under the lease. The lessee shall be liable for damage caused by it to the state's interest in the surface or to the interest of the surface lessee, if any, and may be required by the department at any time to execute a bond in a reasonable principal amount conditioned upon payment for all such damage. If the lessee and the surface lessee cannot agree on the amount of damage, it shall be appraised by the department or its agent. Appeal from the appraisal may be taken as provided in section 37-214.
A.R.S. § 27-237 — Arizona Code / Title 27 / Chapter 2 / Article 3 / Section 237
27-237 Review by commissioner
Status: in_force

27-237. Review by commissioner

All questions arising between a lessee and the commissioner under this article shall be subject to review as in other cases involving state lands, and the lessee's right to possess and operate the lease shall continue until the question is finally determined.
A.R.S. § 27-443 — Arizona Code / Title 27 / Chapter 3 / Article 6 / Section 443
27-443 Application fee; aggregate community notice fund
Status: in_force

27-443. Application fee; aggregate community notice fund

A. The inspector shall adopt by rule an application fee for a community notice for a new aggregate mining operation and for a major modification of an approved community notice. The state mine inspector shall collect an application fee established by rule from each owner or operator who applies pursuant to section 27-442 for a community notice for a new aggregate mining operation or for a major modification of an approved community notice.  The inspector shall deposit, pursuant to sections 35-146 and 35-147, the monies collected from applicants in the aggregate community notice fund.

B. The aggregate community notice fund is established.  The state mine inspector shall administer the fund.  Monies in the fund are continuously appropriated to the state mine inspector for the purpose of processing community notice applications and to conduct public meetings pursuant to this article.  On notice from the inspector, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 27-1205 — Arizona Code / Title 27 / Chapter 6 / Article 1 / Section 1205
27-1205 Certificate of disclosure of violations; remedies; definition
Status: in_force

27-1205. Certificate of disclosure of violations; remedies; definition

A. The following persons shall file a certificate of disclosure with the division of mined land reclamation as prescribed by this section:

1. A person who is engaged in an activity subject to regulation under this chapter and who has been convicted of a felony involving laws related to mined land reclamation within the five year period immediately preceding execution of the certificate.

2. A person who is engaged in an activity subject to regulation under this chapter and who is or has been subject in any civil proceeding to an injunction, decree, judgment or permanent order of any state or federal court within the five year period immediately preceding the execution of the certificate that involved a violation of laws of that jurisdiction relating to mined land reclamation.

B. The certificate of disclosure prescribed by this section shall contain the following:

1. Identification of the person, including present full name, all prior names or aliases, full birth name, present house address and all prior addresses for the immediately preceding five year period, date and place of birth and social security number.

2. The nature and description of each conviction or judicial action, the date and place, the court and public agency involved and the file or cause number of the case.

3. A written declaration that each signer swears to its contents under penalty of perjury.

C. The certificate of disclosure submitted on behalf of a corporation shall be executed by any two executive officers or directors of the corporation.

D. Initial certificates shall be delivered to the division within ninety days after the person first becomes subject to the disclosure requirements of this section.  Certificates shall be filed annually thereafter within ninety days after the close of the person's fiscal year as reported on the initial certificate.

E. By February 1 of each year, the state mine inspector shall provide the attorney general with a list of all persons who were convicted of the crimes or who are the subject of the judicial actions described in subsection A of this section, as indicated from the certificates of disclosure filed during the preceding year.

F. Instead of the certificate of disclosure prescribed by this section, a corporation may submit to the division copies of annual reports filed with the securities and exchange commission pursuant to section 13 or 15(d) of the securities exchange act of 1934 (15 United States Code section 78), commonly known as a "10-K form", within ninety days after filing the annual report.  The initial submission shall include 10-K forms for the preceding five years.

G. A person who contributes information for a certificate of disclosure and who makes an untrue statement of material fact concerning the requirements of subsection B of this section or withholds any material fact concerning the requirements of subsection B of this section or a person who is obligated to file a certificate of disclosure and who fails to file the certificate is subject to section 27-1322, section 27-1324, subsections B and C and section 27-1325.

H. For the purposes of this section, "person" means:

1. A natural person.

2. Any public or private corporation, its officers, directors, trustees, incorporators and persons who control or hold over ten per cent of the issued and outstanding common shares or ten per cent of any other proprietary, beneficial or membership interest in the corporation.

3. A partnership, including all general partners and limited partners who control a ten per cent or more beneficial interest in the partnership.

4. An association or society of persons.

5. A limited liability company including all members who have a ten per cent or more interest in the limited liability company.

6. The federal government and any of its departments or agencies.

7. This state and any of its agencies, departments, political subdivisions, counties, towns or municipal corporations.
A.R.S. § 27-271 — Arizona Code / Title 27 / Chapter 2 / Article 5 / Section 271
27-271 Definition of common variety minerals
Status: in_force

27-271. Definition of common variety minerals

For purposes of this article, "common variety minerals":

1. Includes deposits of petrified wood, stone, pumice, pumicite or cinders, decomposed granite, sand, gravel, boulders, common clay, fill dirt and waste rock.

2. Includes deposits that, although they may have value for use in trade, manufacturing and the construction, landscaping and decorative rock industries, do not possess a distinct, special economic value for those uses beyond the normal uses of those deposits.

3. Includes material used as road base material, riprap, ballast, borrow, fill, facing stone, landscaping or ornamental uses and other similar uses.

4. Does not include limestone suitable for use in producing cement, metallurgical or chemical grade limestone or gypsum.
A.R.S. § 27-1277 — Arizona Code / Title 27 / Chapter 6 / Article 4 / Section 1277
27-1277 Annual status report
Status: in_force

27-1277. Annual status report

A. Within sixty days after the anniversary date of approval of each reclamation plan the owner or operator shall submit to the division a status report for the preceding year.

B. The report shall be in a form prescribed by the state mine inspector and shall include:

1. The acreage of surface disturbance during the reporting year and the total acreage of surface disturbance at the mining facility.

2. The acreage of reclamation conducted during the reporting year and the total acreage of reclamation at the mining facility.

3. The status of the aggregate mining operation at the end of the reporting year.

4. Any change in the names and addresses of the owner, operator and the regulatory contact.

C. The inspector may request further information to supplement or clarify the report, but if the inspector does not respond within thirty days after receiving the report, it is considered to be accepted for the purposes of this section.
A.R.S. § 27-322 — Arizona Code / Title 27 / Chapter 3 / Article 2 / Section 322
27-322 Explosives; marking; utilization and storage
Status: in_force

27-322. Explosives; marking; utilization and storage

A. All explosives or blasting agents sold in the state shall be marked with the date of manufacture in the manner prescribed by the inspector. The inspector shall have authority to designate types of explosives or blasting agents which may not be sold or used after twelve months from the date of manufacture.

B. The inspector may regulate and limit the amount of explosives or blasting agents stored or kept in general supply stores in mining camps or mining towns where there is no law governing storage thereof.
A.R.S. § 27-1252 — Arizona Code / Title 27 / Chapter 6 / Article 3 / Section 1252
27-1252 Notice of complete, incomplete or denied plan
Status: in_force

27-1252. Notice of complete, incomplete or denied plan

A. The state mine inspector shall notify the operator that a reclamation plan is administratively complete or incomplete within thirty days after receiving the plan.

B. If the inspector notifies the operator that a plan is incomplete or denied, the inspector shall include a written explanation stating the reasons for denial including recommendations for correcting incomplete or unacceptable parts of the plan consistent with the requirements of this chapter.  The operator must refile the corrected plan within ninety days after notification that the previous plan was incomplete or denied or within a time frame mutually agreed on between the operator and the state mine inspector that would not materially affect the safety of employees or cause undue hardship on an operator.
A.R.S. § 27-676 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 676
27-676 Enjoining violations
Status: in_force

27-676. Enjoining violations

A. If it appears that a person is violating any provision of this article, or a rule or order made pursuant to this article, and the person fails or refuses, on notice by the commission, to desist from the violation, the commission may bring an action in superior court in the county where the offending person resides, or in the county in which the violation is alleged to have occurred, to restrain the person from continuing the violation.

B. The commission shall not be required to obtain a bond when bringing an action under this section.

C. An action under this section shall proceed pursuant to title 12, chapter 10, article 1.
A.R.S. § 27-1222 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1222
27-1222 Surface disturbances created by existing exploration operation or aggregate mining unit; extension; continuing operations
Status: in_force

27-1222. Surface disturbances created by existing exploration operation or aggregate mining unit; extension; continuing operations

A. An owner or operator of an existing exploration operation or existing aggregate mining unit with surface disturbances of more than five contiguous acres shall submit a reclamation plan to the state mine inspector on or before January 1, 2007.

B. An owner or operator may petition the inspector for an extension of time to submit a reclamation plan.  The inspector shall grant the extension on a showing of good cause, including the need to coordinate the preparation and submission of a reclamation plan with other permits and approvals required for the exploration operation or aggregate mining unit.

C. The owner or operator of an existing exploration operation or existing aggregate mining unit may continue operations, including creating surface disturbances, until the inspector takes final action on the reclamation plan and financial assurance mechanism.

D. The reclamation of surface disturbances created in whole or in part before the effective date of this chapter and the initial rules adopted pursuant to this chapter may present special technical and economic constraints that are not encountered for new surface disturbances.  The inspector shall consider the nature and extent of the existing surface disturbances, relevant site-specific circumstances and the technical and economic practicability of reclaiming such surface disturbances.  The inspector shall not require the removal or relocation of existing aggregate mining units to satisfy the reclamation requirements of this chapter.
A.R.S. § 27-951 — Arizona Code / Title 27 / Chapter 5 / Article 3 / Section 951
27-951 Submission and contents of reclamation plan
Status: in_force

27-951. Submission and contents of reclamation plan

A. Beginning April 1, 1997, a person who conducts exploration operations that will create more than five contiguous acres of surface disturbance shall submit a reclamation plan to the state mine inspector. The reclamation plan shall:

1. Identify the county or counties in which exploration operation will be conducted.

2. State the reclamation measures that will be taken to reclaim access roads, drill pads, drill holes, trenches and other exploration workings where the operator conducts exploration operations in this state.

B. An operator may submit a single reclamation plan covering all new and existing exploration operations in this state.
A.R.S. § 27-357 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 357
27-357 Hoist release signal
Status: in_force

27-357. Hoist release signal

A. At a mine where men are hoisted by mechanical means, a hoistman charged with the hoisting shall be kept on duty at the hoist at all times when men are underground, except as provided in subsection B.

B. The requirements of subsection A shall not apply to an automatic hoist equipped with the following devices:

1. A device which automatically cuts off the power to the hoist motor and sets the brakes when the hoist ropes of a winding-drum machine becomes slack, and safety dogs or devices on the cage which will stop the cage in the event of slack rope or a broken hoisting cable.

2. A governor which will prevent unsafe speeds and a device to set the brakes and stop the cage if the safe speed is exceeded.

3. Devices which will reduce the speed of the cage before the approximate stopping points so that it can be stopped properly.

4. A manually operated safety switch and other device by means of which the cage may be stopped, started or directed to another level or stopping point.

5. A call button located at each stop which, when actuated, will cause the cage to move to that stop providing the gates and gate switches are closed on all stations.

6. A magnetic brake which will stop the hoist motor and hold the cage in fixed position whenever the power applied to the hoist motor is removed or fails.

7. An opening or escape hatch in the cage and a shaft manway with ladders which may be reached from the cage.

8. A means of signaling or communicating from the cage to a designated place in the mine or on surface where a responsible person on duty can be notified in the event of an emergency.

C. An automatic hoist is one that does not require the attendance of a hoist engineer and in which the hoist cage and shaft are equipped with operating and safety devices which control the movement of the hoist from the cage and from all stations or levels.
A.R.S. § 27-652 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 652
27-652 Supervision by commission
Status: in_force

27-652. Supervision by commission

A. The commission shall so supervise the drilling, operation, maintenance and abandonment of geothermal resource wells as to encourage the greatest ultimate economic recovery of geothermal resources, to prevent damage to and waste from underground geothermal reservoirs, to prevent damage to or contamination of any waters of the state or any formation productive or potentially productive of fossil fuels or helium gas, and to prevent the discharge of any fluids or gases or disposition of substances harmful to the environment by reason of drilling, operation, maintenance or abandonment of geothermal resource wells.

B. Any person engaged in the drilling of a well for geothermal resources underlying a usable groundwater aquifer shall case the bore hole in a watertight manner from the land surface to the geothermal producing zone or to a depth sufficient to prevent damage or contamination of the aquifer from the escape of geothermal resources from the bore hole. Materials and installation procedures for casing and sealing of the bore hole shall be in accordance with specifications and procedures approved by the commission.

C. Disposal of water or brines obtained from a geothermal well whether by ponding and evaporation, release to a watercourse or other means shall not damage or contaminate the underlying groundwater aquifer or pollute any stream, river or body of surface water. Construction and maintenance of all geothermal water and brine disposal systems and of the devices required to monitor quantity and quality of the waters and brines disposed of in each system shall be in accordance with specifications, procedures and regulations approved by the commission.

D. Whenever the commission finds that it would be in the interest of maintenance of the underground geothermal resource, prevention of subsidence of the land surface or maintenance of the quality of surface and other ground waters, the commission may require reinjection of the geothermal effluent or injection of other water supplies into the producing zones.
A.R.S. § 27-1276 — Arizona Code / Title 27 / Chapter 6 / Article 4 / Section 1276
27-1276 Beginning new aggregate mining units
Status: in_force

27-1276. Beginning new aggregate mining units

Beginning January 1, 2007, new aggregate mining units may begin when both of the following occur:

1. The state mine inspector approves the reclamation plan for the aggregate mining unit.

2. Financial assurance has been submitted to the inspector as required by article 5 of this chapter.
A.R.S. § 27-996 — Arizona Code / Title 27 / Chapter 5 / Article 5 / Section 996
27-996 Release of financial assurance
Status: in_force

27-996. Release of financial assurance

A. An owner or operator may apply to the state mine inspector to release all or part of the financial assurance provided under this article. The application shall:

1. Describe the reclamation measures that have been performed.

2. Describe any surface disturbances included in the reclamation plan that have not been disturbed.

3. Contain an estimate of the costs of reclamation measures that have not been performed.

B. Within sixty days after receiving a complete application, the inspector shall release all or part of the financial assurance except for any amount that is necessary to perform the reclamation measures identified in the reclamation plan. After the reclamation measures have been performed, the remaining financial assurance shall be released, except that ten per cent shall be retained for the costs of care, monitoring and one reseeding, if necessary, for areas that have been revegetated. The inspector shall release the retained monies after a period of not more than three growing seasons after the supplemental management or other man-induced inputs have been finally removed or as otherwise provided in section 27-992, subsection B.
A.R.S. § 27-673 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 673
27-673 Surface use by lessee; liability for damages; bond; appraisal of damages; appeal
Status: in_force

27-673. Surface use by lessee; liability for damages; bond; appraisal of damages; appeal

The lessee shall have the right to use as much of the surface of the lands as reasonably necessary for its operations under the lease as determined by the department. The lessee shall be liable for damage caused by it to the state's interest in the surface and to the interest of the surface lessee, if any, and may be required by the department at any time to execute a bond in a reasonable principal amount to be released upon payment for all such damage and for reclamation of the surface. If the lessee and the surface lessee cannot agree on the amount of damage, it shall be appraised by the department or its agent. Appeal from the appraisal may be taken as provided in section 37-214.
A.R.S. § 27-311 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 311
27-311 Fire prevention and protection
Status: in_force

27-311. Fire prevention and protection

Every operation where there appears to be any possibility of fire or serious hazards from fire shall provide sufficient fire protection. This shall include water supply with adequate pressure, fireplugs, hose and nozzles, and chemical, automatic chemical or water extinguishers, which shall be properly located to provide for the safety of all employees. All underground mines shall be equipped with adequate rescue equipment and the operators thereof shall provide proper training in its use to rescue crews.
A.R.S. § 27-254 — Arizona Code / Title 27 / Chapter 2 / Article 4 / Section 254
27-254 Mineral lease
Status: in_force

27-254. Mineral lease

Following discovery of a valuable mineral deposit upon the state land covered by a mineral exploration permit within a rectangular subdivision of twenty acres, more or less, or lot, of the public land survey, the permittee may apply to the commissioner for a mineral lease upon the state land within such rectangular subdivision, or lot, and such land shall, for the purpose of the application and any mineral lease issued pursuant to such application, constitute a mineral claim without extralateral rights, and shall be deemed to have been located as of the date of filing the application for the mineral lease. Upon receipt of an application from the permittee for a mineral lease, and satisfactory proof of discovery of a valuable mineral deposit, the commissioner shall issue a mineral lease to the applicant for the mineral claim or claims covered by the application. From and after the date of issuance of a mineral lease, the mineral claim or claims covered by such mineral lease shall be deemed to be excluded from the exploration permit. Upon application to the commissioner, not less than thirty nor more than sixty days prior to the expiration of the lease, the lessee, if not delinquent in the payment of rental or royalty on the date of expiration of the lease, shall have a preferred right to renew the lease bearing even date with the expiration of the old lease for a term of twenty years.
A.R.S. § 27-469 — Arizona Code / Title 27 / Chapter 3 / Article 7 / Section 469
27-469 Exceptions to rules and regulations
Status: in_force

27-469. Exceptions to rules and regulations

In cases where, in the opinion of the inspector, the enforcement of any order or rule would not materially increase the safety of employees and would cause undue hardship on an operator, exceptions may be made at the discretion of the inspector. To be effective such exceptions shall be in writing. Such exceptions can only be revoked after reasonable notice is given in writing to the operator concerned.
A.R.S. § 27-424 — Arizona Code / Title 27 / Chapter 3 / Article 5 / Section 424
27-424 Operation of heavy equipment
Status: in_force

27-424. Operation of heavy equipment

A. The operator shall insure that employees operating any heavy duty equipment such as a locomotive, crane, power shovel, truck, bulldozer, front end loader or scraper are qualified to operate such equipment.

B. Mobile heavy duty equipment shall be inspected regularly and maintained in a safe operating condition.
A.R.S. § 27-514 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 514
27-514 Commission; appointment; terms; compensation
Status: in_force

27-514. Commission; appointment; terms; compensation

A. The oil and gas conservation commission is established in the department of environmental quality. The department of environmental quality shall provide staff support to the commission to administer this chapter.

B. The commission shall consist of the state land commissioner ex officio who shall have no vote, and five members to be appointed by the governor, not more than three of whom shall be of the same political party.  The appointive members shall be United States citizens and shall have been residents of this state for not less than the five years immediately preceding their appointment. Three members of the commission shall constitute a quorum for the transaction of business.

C. Appointments shall be for a full term of five years and expire on the third Monday in January in the appropriate year.

D. Appointive members of the commission shall receive compensation as determined pursuant to section 38-611 for each day actually spent in the performance of official duties.
A.R.S. § 27-659 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 659
27-659 Application to drill
Status: in_force

27-659. Application to drill

The owner or operator of any property, before commencing the drilling of a well or entering or deepening an abandoned well, shall file with the commission an application to drill, on a form prescribed by the commission, containing such information as may be required by the commission. Such application shall be accompanied by a fee of twenty-five dollars per well. All monies so received by the commission shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 27-665 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 665
27-665 Unitization; requirements
Status: in_force

27-665. Unitization; requirements

A. No order of the commission creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the plan of unitization has been signed, or in writing ratified or approved by the owner or lessees of record of not less than sixty-three per cent of the unit area affected thereby and by owners of record of not less than sixty-three per cent, exclusive of royalty interest owned by lessees or by subsidiaries of any lessee, of the royalty interest in and to the unit area, and the commission has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by the owner, lessees or royalty owners owning the required percentage interest in and to the unit area.  Where the plan of unitization has not been so signed, ratified or approved by the owner, lessees or royalty owners owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the commission shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by owner, lessees or royalty owners owning the required percentage interest in and to the unit area and shall, in respect to such hearings, make and enter a finding of its determination in such regard. If the owner, lessees or royalty owners owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of six months from and after the date on which the order creating the unit is made, the order creating the unit shall cease to be of further force and effect and shall be revoked by the commission.

B. An order providing for unit operations may be amended by an order made by the commission, in the same manner and subject to the same conditions as an original order providing for unit operations, provided:

1. If such an amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners shall not be required.

2. No such order of amendment shall change the percentage for allocation of geothermal resources as established for any separately owned tract by the original order, except with the consent of all persons owning interest in such tract.

C. The commission, by an order, may provide for the unit operation of a pool or a part thereof that embraces a unit area established by a previous order of the commission. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.
A.R.S. § 27-321 — Arizona Code / Title 27 / Chapter 3 / Article 2 / Section 321
27-321 Explosives; records; inspection
Status: in_force

27-321. Explosives; records; inspection

A. Every person manufacturing, storing, selling, transferring or in any manner disposing of explosives or blasting agents, shall keep an accurate record of all such transactions and the date thereof, disclosing the amount of each explosive received, from whom received, when received, disposition made of the explosive with the amount thereof, and the name of the person to whom delivery was made, who shall receipt therefor.

B. The record shall at all times be open to inspection by the inspector or any peace officer engaged in investigating a crime.
A.R.S. § 27-422 — Arizona Code / Title 27 / Chapter 3 / Article 5 / Section 422
27-422 Banks
Status: in_force

27-422. Banks

A. Banks and benches shall be suitably trimmed in a manner consistent with the kind of rock or material, height of banks, and type of equipment being used.

B. The operator or a supervisor designated by him shall make a daily inspection of the faces and banks in the working area of any open pit and shall cause all dangerous material to be dislodged or otherwise made safe.
A.R.S. § 27-122 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 122
27-122 Deputy inspectors
Status: in_force

27-122. Deputy inspectors

Subject to title 41, chapter 4, article 4, the state mine inspector may appoint and assign such deputy inspectors to perform the duties of the state mine inspector as prescribed by law. All deputies shall receive compensation as determined pursuant to section 38-611.
A.R.S. § 27-369 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 369
27-369 Evacuation; procedure; routes
Status: in_force

27-369. Evacuation; procedure; routes

Every operator shall have a plan for orderly evacuation in the event of an emergency. Every evacuation route shall be designated by signs and kept open at all times.
A.R.S. § 27-111 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 111
27-111 Mining, mineral and natural resources educational museum advisory council; membership; duties; terms; compensation
Status: in_force

27-111. Mining, mineral and natural resources educational museum advisory council; membership; duties; terms; compensation

A. The mining, mineral and natural resources educational museum advisory council is established consisting of the following members who, except for the members designated pursuant to paragraphs 1, 9, 10 and 11 of this subsection, are appointed by the governor:

1. The state geologist or the state geologist's designee.

2. One member representing the livestock industry.

3. Two members representing the mining industry.

4. One member representing the agriculture industry.

5. One member representing the tourism industry.

6. One member representing the timber industry.

7. One member who is knowledgeable in gems and minerals.

8. Two members representing the public.

9. One member of the house of representatives who is appointed by the speaker of the house of representatives.

10. One member of the senate who is appointed by the president of the senate.

11. One member who is knowledgeable in museum operations and management who is appointed by the president of the university of Arizona.

B. The advisory council shall:

1. Select a chairperson and vice-chairperson from among its members.

2. Hold regular meetings and additional meetings at the call of the chairperson or a majority of its members.

3. Provide advice to the university of Arizona regarding the mining, mineral and natural resources educational museum and assist in promoting the mission of the museum. The university of Arizona shall accept the recommendations of the advisory council if the state geologist finds them to be practicable and in the best interest of the mining, mineral and natural resources educational museum.

4. Establish a subcommittee to provide assistance and advice in the areas of educational programming, the hiring and retention of a curator and oversight of mineral collections. The advisory council may establish subcommittees to act in an advisory capacity on other matters relevant to the mining, mineral and natural resources educational museum and the advisory council's duties.

C. The initial members appointed pursuant to subsection A, paragraphs 2, 3, 4, 5, 6 and 7 of this section shall assign themselves by lot to three, four and five year terms of office. All subsequent members serve four-year terms of office. A member may continue to serve until the member's successor is appointed and assumes office.

D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.  The advisory council is a public body for purposes of title 38, chapter 3, article 3.1.
A.R.S. § 27-1225 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1225
27-1225 Remedial response to governmental orders
Status: in_force

27-1225. Remedial response to governmental orders

A. An owner or operator is not required to provide notice or obtain approval of a reclamation plan or financial assurance mechanism under this chapter before creating a surface disturbance pursuant to a remedial action in response to a government order to prevent or mitigate an actual or potential release of pollutants into the environment.

B. The owner or operator shall update the reclamation plan and financial assurance mechanism within six months after completing the emergency or remedial measure.
A.R.S. § 27-345 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 345
27-345 Shelter areas
Status: in_force

27-345. Shelter areas

On every level of an underground mine where mechanical haulage is employed and in which there is not sufficient clearance for employees, unobstructed shelter areas in which employees can find safety from moving trains shall be provided at intervals of not more than two hundred feet.
A.R.S. § 27-309 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 309
27-309 Reports of fatal accidents to inspector; investigation
Status: in_force

27-309. Reports of fatal accidents to inspector; investigation

A. When a fatal accident occurs in an operation, the operator shall give immediate notice thereof by telephone or facsimile transmission, and after investigation report the facts in writing to the inspector. The inspector, upon receipt of such notice shall instruct the operator as to preserving evidence of the accident. The inspector shall investigate and make a report which shall be filed in his office.

B. If the inspector concludes the facts warrant it, he shall cause a copy of his report and all papers in his possession relating thereto to be forwarded to the county attorney of the county in which the fatal accident occurred, with an accompanying statement of the inspector, describing in what particular he believes the law has been violated.
A.R.S. § 27-205 — Arizona Code / Title 27 / Chapter 2 / Article 1 / Section 205
27-205 Locating and monumenting placer and millsite claims
Status: in_force

27-205. Locating and monumenting placer and millsite claims

The locator of a placer mining or millsite claim shall locate the claim in the same manner as prescribed for a lode claim, except that:

1. The location notice shall be posted on a separate monument at one corner of the claim within the boundaries of the claim.

2. Only the corners or angle points of the claim must be monumented.
A.R.S. § 27-323 — Arizona Code / Title 27 / Chapter 3 / Article 2 / Section 323
27-323 Explosives; rules and regulations; access to operations
Status: in_force

27-323. Explosives; rules and regulations; access to operations

A. The inspector shall prescribe and promulgate rules in accordance with the provisions of this chapter pertaining to storing, transporting and using explosives and blasting agents in operations, including the character and location of magazines and other structures in which they are stored and the conditions under which they may be transported and designating types of explosives and blasting agents which shall not be stored or used in operations or portions of operations.

B. The inspector shall be accorded free access to any operation in or on which explosives or blasting agents are stored, for the purpose of determining whether magazines and storage facilities conform to law and the rules prescribed and to ascertain that life and property are not endangered by the storage thereof.
A.R.S. § 27-662 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 662
27-662 Monthly report
Status: in_force

27-662. Monthly report

The owner or operator of any well producing geothermal resources shall file with the commission on or before the twenty-fifth day of the next succeeding month a monthly producers report, setting forth the total production from each well and such other information as may be determined by the commission.
A.R.S. § 27-521 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 521
27-521 Duties of attorney general
Status: in_force

27-521. Duties of attorney general

The attorney general shall be attorney for the commissioner. The commissioner may in cases of emergency or in special cases, upon request of the attorney general, retain additional counsel to assist the attorney general, and for such purpose may expend funds available under this article.
A.R.S. § 27-526 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 526
27-526 Appeals
Status: in_force

27-526. Appeals

In an action brought under this article, or an action which involves any rule, regulation or order made under this article, any party to the action shall have the right to appeal from the superior court to the supreme court as provided by law or rules of court relating to appeals in civil actions.
A.R.S. § 27-955 — Arizona Code / Title 27 / Chapter 5 / Article 3 / Section 955
27-955 Annual renewal
Status: in_force

27-955. Annual renewal

A reclamation plan for exploration operations is renewable annually on:

1. Modification of the plan to address types of surface disturbances that will be conducted during exploration operations but that have not been previously addressed in the reclamation plan.

2. Submission of any additional financial assurance, if necessary.
A.R.S. § 27-657 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 657
27-657 Agent for process
Status: in_force

27-657. Agent for process

Every owner or operator of any well shall designate an agent who resides in this state upon whom may be served all orders, notices and processes of the commission or of any court of law. Every person so appointing an agent shall, within ten days after the termination of any such agency, notify the commission, in writing, of such termination, and unless operations are discontinued, shall appoint a new agent within such ten day period.
A.R.S. § 27-361 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 361
27-361 Common system of drainage; contribution of cost
Status: in_force

27-361. Common system of drainage; contribution of cost

A. When adjacent or contiguous mines, opened, developed and worked upon the same or upon separate lodes have a common ingress of water, or, by reason of subterranean communication of water, have a common drainage, the operators of the mines shall provide for disposal of their proportionate share of the drainage, or to prevent the water in the mine from flowing in or upon neighboring mines.

B. If an operator of such mines fails or neglects to provide for drainage, and by reason of failure or neglect the operator of an adjacent or contiguous mine is compelled to pump, drain or otherwise provide for the water flowing in from the other mine, the operator of the mine in default shall be liable for the proportion of the actual and necessary cost and expense of pumping, draining or otherwise providing for such water.
A.R.S. § 27-535 — Arizona Code / Title 27 / Chapter 4 / Article 1.1 / Section 535
27-535 Status and powers of unit; liability and expenses; lien
Status: in_force

27-535. Status and powers of unit; liability and expenses; lien

A. The obligation or liability of the lessees or other owners of the oil and gas rights in the several separately owned tracts for the payment of unit expense shall at all times be several and not joint or collective and in no event shall a lessee or other owner of the oil and gas rights in the separately owned tract be chargeable with, obligated or liable, directly or indirectly, for more than the amount apportioned, assessed or otherwise charged to his interest in such separately owned tract pursuant to the plan of unitization and then only to the extent of the lien provided for in this article.

B. Subject to such reasonable limitations as may be set out in the plan of unitization, the unit shall have a first and prior lien upon the leasehold estate and all other oil and gas rights (exclusive of one-eighth landowners' royalty interest) in and to each separately owned tract, the interest of the owners thereof in and to the unit production and all equipment in the possession of the unit, to secure the payment of the amount of the unit expense charged to and assessed against such separately owned tract. The interest of the lessee or other persons who by lease, contract or otherwise are obligated or responsible for the cost and expense of developing and operating a separately owned tract for oil and gas in the absence of unitization shall, however, be primarily responsible for and charged with any assessment for unit expense made against such tract and resort may be had to overriding royalties, oil and gas payments, royalty interests in excess of one-eighth of the production, or other interests which otherwise are not chargeable with such costs, only in the event the owner of the interest primarily responsible fails to pay such assessment or the production to the credit thereof, is insufficient for that purpose. In the event the owner of any royalty interest, overriding royalty, oil or gas payment, or any other interest which under the plan of unitization is not primarily responsible therefor pays in whole or in part the amount of an assessment for unit expense for the purpose of protecting such interest or the amount of the assessment in whole or in part is deducted from the unit production to the credit of such interest, the owner thereof shall to the extent of such payment or deduction be subrogated to all the rights of the unit with respect to the interest or interests primarily responsible for such assessment. A one-eighth part of the unit production allocated to each separately owned tract shall in all events be regarded as royalty to be distributed to and among, or the proceeds thereof paid to, the royalty owners free and clear of all unit expense and free of any lien therefor.
A.R.S. § 27-206 — Arizona Code / Title 27 / Chapter 2 / Article 1 / Section 206
27-206 Relocation
Status: in_force

27-206. Relocation

The relocation of a claim shall be made in the same manner as other locations. If the original location work of the claim being relocated included the recording of a map or plat pursuant to section 27-203, the locator may perform relocation work by resurveying or by verifying the accuracy of the boundaries and positions of the claim as shown on the map, plat or sketch of the claims and by recording a map, plat or sketch in the manner prescribed by section 27-203.
A.R.S. § 27-129 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 129
27-129 Locating abandoned mines; public education; donor immunity
Status: in_force

27-129. Locating abandoned mines; public education; donor immunity

A. Subject to legislative appropriation, the state mine inspector shall establish a program to locate, inventory, classify and eliminate public safety hazards at abandoned mines as defined in section 27-301. The state mine inspector shall spend state appropriated monies to locate, inventory, classify and eliminate public safety hazards at abandoned mines on state land first and thereafter any public safety hazards at abandoned mines on land not owned by this state.

B. Using reasonable efforts, the state mine inspector shall attempt to notify in writing the owner, or other responsible party, of an abandoned mine at which a public safety hazard exists of the requirements of section 27-318 with respect to abandoned mines.

C. The state mine inspector may establish public education programs to recognize and avoid public safety hazards at abandoned mine sites.

D. To accomplish the purposes of this section, the state mine inspector may accept monies for deposit in the state general fund received from any source, including restricted or unrestricted federal funds, gifts and contributions from other governmental agencies, individuals, corporations or other organizations. The state shall separately account for monies that are received pursuant to this subsection and that are deposited in the state general fund.

E. The state mine inspector may enter into intergovernmental agreements with Indian tribes in the state to extend the abandoned mine program onto tribal lands.

F. The state mine inspector may accept in-kind donations of material, equipment or services to eliminate public safety hazards at an abandoned mine from any person, public entity or other legal entity.

G. A person, public entity or other legal entity who makes donations pursuant to this section or section 27-131 shall not be liable for damages in any civil action for any injury or death related to the elimination of public safety hazards at an abandoned mine unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donor.
A.R.S. § 27-656 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 656
27-656 Rules and orders; hearing
Status: in_force

27-656. Rules and orders; hearing

A. The commission shall adopt rules necessary for the proper administration and enforcement of this article.

B. The commission shall comply with title 41, chapter 6 in adopting, modifying, renewing or extending rules under this article.

C. Any order, or change, renewal or extension of an order, except as otherwise provided by this article, shall be made in compliance with title 41, chapter 6, article 10.

D. If the commission makes a finding that an order is necessary as an emergency measure, the order may be made without first complying with the notice and hearing requirements prescribed by title 41, chapter 6, article 10. All affected persons shall be notified of the emergency order. If oral notice is given, it shall be followed by immediate written notice. The emergency order shall be valid for thirty days from its effective date. The effective date is the date affected persons receive the order by oral or written communication, whichever occurs first. The commission shall hold a hearing within ten days after the effective date of the emergency order. Unless otherwise provided in this section, the hearing shall be conducted in compliance with title 41, chapter 6, article 10. Any order made at the hearing shall expressly repeal the emergency order. For purposes of this subsection, "emergency" means a situation which requires an order without compliance with the notice provisions prescribed in title 41, chapter 6, article 10 because the order is necessary for immediate preservation of the public safety, welfare, natural resources or property and the notice and hearing requirements are impracticable.
A.R.S. § 27-653 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 653
27-653 Information; filing; confidentiality
Status: in_force

27-653. Information; filing; confidentiality

The commission shall collect all information regarding all wells drilled in the state for geothermal resources and necessary for the purpose of supervision of such wells. All such data shall be filed in the commission office and, upon request of the operator, shall be kept confidential for a period of not more than one year after drilling is completed. All such data shall also be available to the director of water resources, who shall keep the information obtained confidential when such a request has been made of the commission by the operator.
A.R.S. § 27-532 — Arizona Code / Title 27 / Chapter 4 / Article 1.1 / Section 532
27-532 Order; units and unit areas; plan of unitization
Status: in_force

27-532. Order; units and unit areas; plan of unitization

The order of the commission shall define the area of the pool or portion thereof to be included within the unit area and prescribe with reasonable detail the plan of unitization applicable thereto. Each unit and unit area shall be limited to all or a portion of a single pool. Only so much of a pool as has been defined and determined to be productive of oil and gas by actual drilling operations may be so included within the unit area. A unit may be created to embrace less than the whole of a pool only where it is shown by the evidence that the area to be so included within the unit area is of such size and shape as may be reasonably required for the successful and efficient conduct of the unitized method of operation for which the unit is created, and that the conduct thereof will have no material adverse effect upon the remainder of such pool. The plan of unitization for each such unit and unit area shall be one suited to the needs and requirements of the particular unit dependent upon the facts and conditions found to exist with respect thereto. In addition to such other terms, provisions, conditions and requirements found by the commission to be reasonably necessary or proper to effectuate or accomplish the purpose of this article, and subject to the further requirements hereof, each such plan of unitization shall contain fair, reasonable and equitable provisions for:

1. The efficient unitized management or control of the further development and operation of the unit area for the recovery of oil and gas from the pool affected. Under such a plan the actual operations within the unit area may be carried on in whole or in part by the unit itself, or by one or more of the lessees within the unit area as the unit operator subject to the supervision and direction of the unit, dependent upon what is most beneficial or expedient. The designation of the unit operator shall be by vote of the lessees in the unit in a manner provided in the plan of unitization and not by the commission.

2. The division of interest or formula for the apportionment and allocation of the unit production, among and to the several separately owned tracts within the unit area such as will reasonably permit persons otherwise entitled to share in or benefit by the production from such separately owned tracts to produce and receive, in lieu thereof, their fair, equitable and reasonable share of the unit production or other benefits thereof. A separately owned tract's fair, equitable, and reasonable share of the unit production shall be measured by the value of each such tract for oil and gas purposes and its contributing value to the unit in relation to like values of other tracts in the unit, taking into consideration acreage, the quantity of oil and gas recoverable therefrom, location on the structure, its probable productivity of oil and gas in the absence of unit operations, the burden of operations to which the tract will or is likely to be subjected, or so many of said factors, or such other pertinent engineering, geological or operating factors, as may be reasonably susceptible of determination. "Unit production" as that term is used in this article means and includes all oil and gas produced from a unit area from and after the effective date of the order of the commission creating the unit regardless of the well or tract within the unit area from which the same is produced.

3. The manner in which the unit and the further development and operation of the unit area shall or may be financed and the basis, terms and conditions on which the cost and expense thereof shall be apportioned among and assessed against the tracts and interest made chargeable therewith, including a detailed accounting procedure governing all charges and credits incident to such operations. Upon and subject to such terms and conditions as to time and rate of interest as may be fair to all concerned, reasonable provision shall be made in the plan of unitization for carrying or otherwise financing lessees who are unable to meet promptly their financial obligations in connection with the unit.

4. The procedure and basis upon which wells, equipment and other properties of the several lessees within the unit area are to be taken over and used for unit operations, including the method of arriving at the compensation therefor, or of otherwise proportionately equalizing or adjusting the investment of the several lessees in the project as of the effective date of unit operation.

5. The supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person.

6. The time when the plan of unitization shall become effective.

7. The time when and the conditions under which and the method by which the unit shall or may be dissolved and its affairs wound up.
A.R.S. § 27-101 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 101
27-101 Definitions
Status: in_force

27-101. Definitions

In this article, unless the context otherwise requires:

1. "Aggregate" means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand.

2. "Mineral resources" means all metallic, nonmetallic and energy resources, including aggregate, coal, oil, natural gas, geothermal resources, carbon dioxide and helium.

3. "Minerals" includes metals and metallic and nonmetallic minerals, except oil and gas.
A.R.S. § 27-355 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 355
27-355 Hoisting tools and materials
Status: in_force

27-355. Hoisting tools and materials

A. When tools, timber or other materials are loaded or hoisted in the shaft, the ends, if projecting above the top of the bucket, skip or other vehicle, shall be securely fastened to the hoisting rope or to the upper part of the vehicle, and tools, timber or other materials loaded erectly upon a cage shall be securely lashed before they are hoisted or carried.

B. No cage, skip, bucket or other vehicle shall be lowered directly to the bottom of a shaft fifty feet or more in depth where persons are working, but shall be stopped at least fifteen feet above the bottom until the signal to lower further has been given by one of the persons at the bottom of the shaft.
A.R.S. § 27-921 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 921
27-921 Surface disturbances created by new exploration operation or mining unit
Status: in_force

27-921. Surface disturbances created by new exploration operation or mining unit

Beginning April 1, 1997, an owner or operator of a new exploration operation or new mining unit shall not create a surface disturbance of more than five contiguous acres until a reclamation plan and financial assurance mechanism for the exploration operation or mining unit are approved by the state mine inspector or are otherwise authorized by this chapter.
A.R.S. § 27-601 — Arizona Code / Title 27 / Chapter 4 / Article 3 / Section 601
27-601 Authorization to enter compact
Status: in_force

27-601. Authorization to enter compact

The governor is authorized and directed, for and in the name of the state, to join with the other states in the interstate oil compact to conserve oil and gas, which was executed in the city of Dallas, Texas, on February 16, 1935, and is now on deposit with the United States department of state as extended, all with the consent of the Congress.
A.R.S. § 27-553 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 553
27-553 Leasing state lands for oil and gas
Status: in_force

27-553. Leasing state lands for oil and gas

The department may lease state lands for oil and gas and issue oil and gas leases as provided in this article.
A.R.S. § 27-954 — Arizona Code / Title 27 / Chapter 5 / Article 3 / Section 954
27-954 Beginning new exploration operations
Status: in_force

27-954. Beginning new exploration operations

New exploration operations may begin when both of the following occur:

1. The state mine inspector approves the reclamation plan for the exploration operations or ninety days after the inspector receives a reclamation plan if the inspector fails to notify the owner or operator that the plan submitted is incomplete or denied.

2. Financial assurance has been submitted to the inspector as required by article 5 of this chapter.
A.R.S. § 27-204 — Arizona Code / Title 27 / Chapter 2 / Article 1 / Section 204
27-204 Monumenting lode claims
Status: in_force

27-204. Monumenting lode claims

The boundaries of a lode claim shall be monumented by six substantial posts projecting at least four feet above the surface of the ground, or by substantial stone monuments at least three feet high, one at each corner of the claim and one at the center of each end line of a lode claim. Substantial posts may be of any material as may be readily distinguished as monuments and shall be not less than one and one-half inches in cross section. Each monument erected by the locator shall be marked to identify the corner or end center of the claim or claims for which it was erected.
A.R.S. § 27-441 — Arizona Code / Title 27 / Chapter 3 / Article 6 / Section 441
27-441 Definitions
Status: in_force

27-441. Definitions

In this article, unless the context otherwise requires:

1. "Aggregate" means cinders, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand.

2. "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.  Aggregate mining includes an operation that mixes or recycles rock, sand, gravel or similar aggregate materials with water and cement or with asphalt.  Aggregate mining does not include surveying, seismic work, exploration or maintenance activities that create a de minimis land disturbance.

3. "Aggregate mining operation" or "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. Property that is not contiguous but is in the same zoning district, that is owned, operated or managed by the same person and that is operated as a single aggregate mining complex is considered to be a single aggregate mining operation.

4. "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.

5. "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.

(b) A new and significant type of aggregate mining that has never been conducted at the aggregate mining operation site.

(c) Substantive changes to the provisions of an approved community notice required by section 27-442, subsection C, paragraphs 4, 6, 8, 9 and 10.

6. "Minor modification" means a change in a community notice that is not a major modification.

7. "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.
A.R.S. § 27-603 — Arizona Code / Title 27 / Chapter 4 / Article 3 / Section 603
27-603 Official representative
Status: in_force

27-603. Official representative

The governor shall be the official representative of the state on the interstate oil compact commission provided for in the compact, and shall exercise and perform for the state all the powers and duties as a member of the commission. The governor may appoint an assistant representative who shall act in his stead as the official representative of the state as a member of the commission. Such official representative, if not a state official, shall take the oath of office prescribed by law and file it with the secretary of state.
A.R.S. § 27-536 — Arizona Code / Title 27 / Chapter 4 / Article 1.1 / Section 536
27-536 Modification of property rights, leases and contracts; title to property; distribution of proceeds; delivery in kind; effect of operations; matters not affected
Status: in_force

27-536. Modification of property rights, leases and contracts; title to property; distribution of proceeds; delivery in kind; effect of operations; matters not affected

A. Property rights, leases, contracts and all other rights and obligations shall be regarded as amended and modified to the extent necessary to conform to the provisions and requirements of this article, and to any valid and applicable plan of unitization or order of the commission made and adopted pursuant hereto, but otherwise to remain in full force and effect. No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisions thereof.

B. Nothing contained in this article shall be construed to require a transfer to or vesting in the unit of title to the separately owned tracts or leases thereon within the unit area, other than the right to use and operate the same to the extent set out in the plan of unitization, nor shall the unit be regarded as owning the unit production. The unit production and the proceeds from the sale thereof shall be owned by the several persons to whom the same is allocated under the plan of unitization. All property, whether real or personal, which the unit may in any way acquire, hold or possess, shall not be acquired, held and possessed by the unit for its own account but shall be so acquired, held and possessed by the unit for the account and as agent of the several lessees and shall be the property of such lessees as their interests may appear under the plan of unitization, subject, however, to the right of the unit to the possession, management, use or disposal of the same in the proper conduct of its affairs, and subject to any lien the unit may have thereon to secure the payment of unit expense. Neither the unit production or proceeds of the sale thereof, nor the other receipts shall be treated, be regarded, or taxed as income or profits of the unit; but instead, all such receipts shall be the income of the several persons to whom or to whose credit the same are payable under the plan of unitization. To the extent the unit may receive or disburse said receipts it shall only do so as a common administrative agent of the persons to whom the same are payable.

C. The amount of the unit production allocated to each separately owned tract within the unit, and only that amount, regardless of the well or wells in the unit area from which it may be produced and regardless of whether it be more or less than the amount of the production from the well or wells, if any, on any such separately owned tract, shall for all intents, uses and purposes be regarded and considered as production from such separately owned tract, and except as may be otherwise authorized in this article, or in the plan of unitization approved by the commission, shall be distributed among or the proceeds thereof paid to the several persons entitled to share in the production from such separately owned tract in the same manner, in the same proportions, and upon the same conditions that they would have participated and shared in the production or proceeds thereof from such separately owned tract had not said unit been organized and with the same legal force and effect. If adequate provisions are made for the receipt thereof, the share of the unit production allocated to each separately owned tract shall be delivered in kind to the persons entitled thereto by virtue of ownership of oil and gas rights therein or by purchase from such owners subject to the rights of the unit to withhold and sell the same in payment of unit expense pursuant to the plan of unitization, and subject further to the call of the unit on such portions of the gas for operating purposes as may be provided in the plan of unitization.

D. Operations carried on under and in accordance with the plan of unitization shall be regarded and considered as a fulfillment of and compliance with all of the provisions, covenants and conditions, express or implied, of the several oil and gas leases upon lands included within the unit area, or other contracts pertaining to the development thereof insofar as said leases or other contracts may relate to the pool or portion thereof included in the unit area. Wells drilled or operated on any part of the unit area no matter where located shall for all purposes be regarded as wells drilled on each separately owned tract within such unit area.

E. Nothing in this article or in any plan of unitization shall be construed as increasing or decreasing the implied covenants of a lease in respect to a common source of supply or lands not included within the unit area of a unit.
A.R.S. § 27-904 — Arizona Code / Title 27 / Chapter 5 / Article 1 / Section 904
27-904 Rules; contributions
Status: in_force

27-904. Rules; contributions

A. The state mine inspector shall adopt rules consistent with this chapter for the reclamation of surface disturbances at exploration operations and mining units and for the administration of this chapter.

B. To accomplish the purposes of this section, the state mine inspector may accept monies for deposit in the state general fund received from any source, including restricted or unrestricted federal funds, gifts and contributions from other governmental agencies, individuals, corporations or other organizations. The state shall separately account for monies received pursuant to this subsection that are deposited in the state general fund.
A.R.S. § 27-1204 — Arizona Code / Title 27 / Chapter 6 / Article 1 / Section 1204
27-1204 Rules; contributions
Status: in_force

27-1204. Rules; contributions

A. The inspector shall adopt rules consistent with this chapter for the reclamation of surface disturbances at exploration operations and aggregate mining units and for the administration of this chapter.

B. To accomplish the purposes of this section, the inspector may accept monies for deposit in the aggregate mining reclamation fund received from the federal government or other governmental agencies.  The state shall separately account for monies received pursuant to this subsection that are deposited in the aggregate mining reclamation fund.
A.R.S. § 27-314 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 314
27-314 Electrical installations
Status: in_force

27-314. Electrical installations

All electrical equipment shall be so maintained as to reduce the accident hazard so far as is reasonably possible. Such electrical equipment shall be installed, maintained and used according to standards set forth in the rules.
A.R.S. § 27-661 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 661
27-661 Drilling record; samples
Status: in_force

27-661. Drilling record; samples

The owner or operator of any well shall keep, or cause to be kept, a log, core record and drilling history, copies of which shall be filed with the commission no later than thirty days following the completion of drilling the well. A complete set of samples of the drill bit cuttings and cores, at intervals and in the manner specified by the commission, shall be furnished to the commission.
A.R.S. § 27-512 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 512
27-512 Sale of illegal oil or gas or illegal products
Status: in_force

27-512. Sale of illegal oil or gas or illegal products

A. Sale and notice of sale of illegal oil or gas or illegal product seized under the authority of this article shall be in accordance with the laws of the state relating to the sale of personal property under execution. For his services at the sale the sheriff shall receive a fee and expenses in the amount and manner provided by law for sales of personal property, to be paid from the proceeds of the sale, to be fixed by the court ordering the sale.

B. The court may order that the commodity be sold in specified lots or portions, and at specified intervals. Title to the amount sold shall pass as of the date of the act which is found by the court to make the commodity contraband. The judgment shall provide for payment of the proceeds of the sale into the fund, after first deducting the costs of the proceedings and sale, and after paying to any royalty owner intervening as an interested party in the suit who has established title to the oil or gas royalty interest, the value of his interest in the oil or gas. The amount sold shall be treated as legal oil, legal gas or legal product in the hands of the purchaser, but the purchaser and the commodity shall be subject to all applicable laws, rules, regulations and orders with respect to further sale, purchase or acquisition, and with respect to the transportation, refining, processing or handling in any manner the commodity purchased.

C. The producer, owner, or other party contesting the validity of a seizure and having an interest in securing the release of the seized oil, gas or other product, may obtain the release thereof upon furnishing a bond made and executed by a corporate surety company duly qualified to do business in the state, in an amount double the current market value of the oil, gas or other product held under seizure. The bond shall be conditioned and approved in the same manner as a replevin bond.

D. Nothing in this article shall deny or abridge any action a royalty owner, lien holder or other claimant may have because of the forfeiture of the illegal oil or gas or illegal product, against the person whose act resulted in the forfeiture.

E. All illegal oil, gas, or other illegal product sold as provided in this section shall be sold as provided by law for the sale of personal property under execution.
A.R.S. § 27-126 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 126
27-126 Annual report to governor
Status: in_force

27-126. Annual report to governor

A. The mine inspector on March 31 each year shall make and file with the governor a statistical summary and report of the work during the year ending December 31. The report shall contain a statement showing the number of persons employed in each mine, and, separately, the number of persons employed above ground and under ground, the number and nature of fatal and serious accidents occurring in each mine, the number of inspections made, complaints filed, inquests attended, mines or mine workings ordered to be vacated, violations found, and other information deemed important, together with necessary or desirable recommendations.

B. Copies of the report shall be published and distributed at the expense of the state.
A.R.S. § 27-993 — Arizona Code / Title 27 / Chapter 5 / Article 5 / Section 993
27-993 New exploration operation
Status: in_force

27-993. New exploration operation

A. Beginning April 1, 1997, the owner or operator of a new exploration operation shall furnish a financial assurance mechanism to the state mine inspector in an amount equivalent to two thousand dollars per acre of new surface disturbance, unless the inspector approves a cost estimate for an amount less than two thousand dollars per acre.

B. An owner or operator may provide a single financial assurance mechanism for all of its exploration operations conducted in this state.
A.R.S. § 27-537 — Arizona Code / Title 27 / Chapter 4 / Article 1.1 / Section 537
27-537 Enlargement of area; creation of new units; amendment of plan
Status: in_force

27-537. Enlargement of area; creation of new units; amendment of plan

The unit area of a unit may be enlarged to include adjoining portions of the same pool, including the unit area of another unit, and a new unit created for the unitized management, operation and further development of such enlarged unit area, or the plan of unitization may be otherwise amended, all in the same manner, upon the same conditions and subject to the same limitations as provided in this article with respect to the creation of a unit in the first instance; except that where the amendment to the plan of unitization relates only to the rights and obligations as between lessees the requirement that the same be signed, ratified and approved by royalty owners of record of not less than sixty-three per cent of the unit area shall have no application.
A.R.S. § 27-658 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 658
27-658 Notice of sale or conveyance of well or land
Status: in_force

27-658. Notice of sale or conveyance of well or land

A. The owner or operator of any well shall notify the commission in writing on such form as the commission may direct of the sale, assignment, transfer or conveyance or exchange by the owner or operator of such well and the land owned or leased upon which the well is located within ten days following such sale, assignment, transfer, conveyance or exchange. The notice shall contain:

1. The name and address of the person to whom such well was sold, assigned, transferred, conveyed or exchanged.

2. The name and location of the well.

3. The date of the sale, assignment, transfer, conveyance or exchange.

B. Every person who acquires ownership or operation of any well, whether by purchase, assignment, transfer, conveyance, exchange or otherwise, shall, within ten days after acquiring the well, notify the commission in writing of his ownership or operation and provide a bond as required by section 27-654. The notice shall contain:

1. The name and address of the person from whom the well was acquired.

2. The name and location of the well.

3. The date of acquisition.

4. The date when operations are assumed or resumed by the new owner.
A.R.S. § 27-112 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 112
27-112 Mapping; inventory; aggregate resources
Status: in_force

27-112. Mapping; inventory; aggregate resources

A. The Arizona geological survey shall establish a map and inventory of all known areas that contain aggregate resources and all existing aggregate mining facilities in this state according to county.

B. On request of the state mine inspector, the state geologist shall update the maps and inventories of the aggregate resources of this state and include areas of aggregate resources discovered since the previous publication.
A.R.S. § 27-902 — Arizona Code / Title 27 / Chapter 5 / Article 1 / Section 902
27-902 Division of mined land reclamation; coordination of programs and activities
Status: in_force

27-902. Division of mined land reclamation; coordination of programs and activities

A. The state mine inspector shall establish a division of mined land reclamation and employ staff who have the necessary and appropriate experience in mining and reclaiming mined lands.

B. This chapter does not replace or duplicate provisions of title 49 that regulate exploration and mining operations to protect public health and the environment.

C. The requirements of a reclamation plan under this chapter, a closure plan for the same mining unit required under title 49, chapter 2, article 3 and other provisions and requirements of title 49 and this title, including financial assurance requirements, shall not be redundant, inconsistent or contradictory. This chapter does not supersede the closure plan requirements of title 49, chapter 2, article 3.
A.R.S. § 27-303 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 303
27-303 Notification to inspector of beginning or suspending operations
Status: in_force

27-303. Notification to inspector of beginning or suspending operations

A. When mining operations are scheduled to begin at any mine, the operator, owner, agent or other authorized representative shall give written notice to the inspector prior to commencement of mining.

B. If operations do not commence within six months after the inspector receives the notice of commencement, the operation is considered to be suspended.

C. In the case of temporary suspension of operations, excluding labor disputes, exceeding six months or in the case of permanent termination of mining operations, the operator shall notify the inspector, in writing, before the suspension or termination date. All shafts, portals, adits or other openings shall be secured to prevent unauthorized entry and to protect public health and safety pursuant to section 27-318.

D. On notification of suspension or termination of mining operations, the inspector shall inspect the property to determine if adequate safety measures are being taken to protect the public.
A.R.S. § 27-343 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 343
27-343 Structures over mine outlet
Status: in_force

27-343. Structures over mine outlet

No structure shall be erected over an outlet of a mine except the headframe necessary for hoisting from a shaft and the hatch or door necessary for hoisting from a shaft and the hatch or door required to protect persons obligated to work at the top of a shaft from inclement weather, and if a house is required for this purpose the inspector may grant permission in writing for its construction. Such house shall be as small as possible and constructed of fire resistant material. Regular storage of flammable material inside, or within thirty feet of the house is prohibited.
A.R.S. § 27-324 — Arizona Code / Title 27 / Chapter 3 / Article 2 / Section 324
27-324 Blasting
Status: in_force

27-324. Blasting

Before firing blasting charges, the blasting crew shall clear the vicinity surrounding the blast site of all personnel, make provision to guard all means of access to the area, and give warning in every direction from which access may be had to the place where blasting is being done. Misfire holes shall be reported to the mine foreman or the shift boss in charge at the locality of the holes.
A.R.S. § 27-1295 — Arizona Code / Title 27 / Chapter 6 / Article 5 / Section 1295
27-1295 Incremental financial assurance
Status: in_force

27-1295. Incremental financial assurance

An owner or operator may provide financial assurance under this article on an incremental basis for planned surface disturbances described in the reclamation plan.
A.R.S. § 27-359 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 359
27-359 Signal code
Status: in_force

27-359. Signal code

A. The following signal code shall be used in all mines:

1 bell, stop immediately if in motion.

1 bell, hoist muck, after preliminary signal for hoisting muck.

2 bells, lower.

3 bells, raise.

3 -1 bells, hoist men.

3 -2 bells, lower men.

4 bells, release cage, skip, or bucket to the hoistman.

5 bells, blasting or ready to shoot.

(a) The signal for blasting or ready to shoot is a caution signal and if the engineer is prepared to accept it he shall acknowledge by raising the bucket or cage a few feet then lowering it again.

(b) After accepting the signal for blasting or ready to shoot, the engineer shall be prepared to hoist men away from the blast as soon as any signal is given and shall accept no other signal in the meantime.

6 bells, air on or off.

7 bells, danger signal, followed by station signal, calls cage to that station, and such signal takes precedence over all other signals except an accepted blasting signal.

B. The following shall be station signals:

1 -2 bells, collar of shaft.

1 -3 bells, 1st level.

1 -4 bells, 2nd level.

1 -5 bells, 3rd level.

2 -1 bells, 4th level.

2 -2 bells, 5th level.

2 -3 bells, 6th level.

2 -4 bells, 7th level.

2 -5 bells, 8th level.

4 -1 bells, 9th level.

4 -2 bells, 10th level.

4 -3 bells, 11th level.

4 -4 bells, 12th level.

4 -5 bells, 13th level.

5 -1 bells, 14th level.

5 -2 bells, 15th level.

5 -3 bells, 16th level.

5 -4 bells, 17th level.

5 -5 bells, 18th level.

6 -1 bells, 19th level.

2 --1-2 bells, 20th level.

2 --1-3 bells, 21st level.

2 --1-4 bells, 22nd level.

2 --1-5 bells, 23rd level.

2 --2-1 bells, 24th level.

2 --2-2 bells, 25th level.

2 --2-3 bells, 26th level.

2 --2-4 bells, 27th level.

2 --2-5 bells, 28th level.

2 --4-1 bells, 29th level.

2 --4-2 bells, 30th level.

2 --4-3 bells, 31st level.

2 --4-4 bells, 32nd level.

2 --4-5 bells, 33rd level.

2 --5-1 bells, 34th level.

2 --5-2 bells, 35th level.

2 --5-3 bells, 36th level.

2 --5-4 bells, 37th level.

2 --5-5 bells, 38th level.

2 --6-1 bells, 39th level.

4 -1-2 bells, 40th level.

4 -1-3 bells, 41st level.

4 -1-4 bells, 42nd level.

4 -1-5 bells, 43rd level.

4 -2-1 bells, 44th level.

4 -2-2 bells, 45th level.

4 -2-3 bells, 46th level.

4 -2-4 bells, 47th level.

4 -2-5 bells, 48th level.

4 -4-1 bells, 49th level.

4 -4-2 bells, 50th level.

C. The station signal shall be given before the hoisting or lowering signal. If bells run slowly, move slowly.

D. The engineer shall not move a cage, skip or bucket unless he understands the signal.

E. One copy of the signal code provided for by this section shall be posted on the gallows frame on each mine, one at each station and one before the engineer.

F. Special signals may be used if they are easily distinguished by their sound, or otherwise, from the code provided for by this section, and do not interfere with it in any manner.
A.R.S. § 27-563 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 563
27-563 Payment of noncompetitive lease royalties in kind or cash
Status: in_force

27-563. Payment of noncompetitive lease royalties in kind or cash

Royalties payable to this state under section 27-555, subsection B are payable in kind or in cash at the option and demand of the department.  The lessee shall pay royalties in cash unless the department elects to receive royalty oil in kind pursuant to this article. The commissioner shall base this determination on what is in the best interest of the trust.
A.R.S. § 27-507.01 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 507.01
27-507.01 Common purchaser of crude oil and petroleum; duties; ratable taking; discrimination prohibited
Status: in_force

27-507.01. Common purchaser of crude oil and petroleum; duties; ratable taking; discrimination prohibited

A. Every person as defined in this article which may now, or hereafter, purchase crude oil or petroleum in this state, whether they be common carriers or affiliated with common carriers or not, shall be a common purchaser of such crude oil or petroleum, and shall purchase crude oil or petroleum offered it for purchase without discrimination in favor of one producer or person as against another in the same field. The question of justice or unreasonableness shall be determined by the commission, taking into consideration the production and age of the wells in respective fields and all other proper factors. It shall be unlawful for any common purchaser to discriminate between or against crude oil or petroleum of a similar kind or quality in favor of its own production, or production in which it may be directly or indirectly interested, either in whole or in part, but for the purpose of allocating the purchase of crude oil or petroleum to be marketed, such production shall be taken in like manner as that of any other person or producer and shall be taken in a ratable proportion that such production bears to the total production offered for the market in such field. The commission shall have the authority, however, to relieve any such common purchaser, after due notice and hearing, from the duty of purchasing crude oil or petroleum of inferior quality or grade.

B. It shall be the duty of the commission to enforce the provisions of this section and it shall have the power, after notice and hearing, to issue orders defining the conditions under which extensions of pipelines shall be made to connect wells, but no such order shall be made unless the commission finds that such extensions are reasonably required and economically justified. In issuing such orders the commission shall give specific consideration to the economic factors involved.
A.R.S. § 27-367 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 367
27-367 Maintenance and use of loading equipment
Status: in_force

27-367. Maintenance and use of loading equipment

Mucking machines, sorters and other loading devices shall be maintained and operated in a safe manner.
A.R.S. § 27-1327 — Arizona Code / Title 27 / Chapter 6 / Article 6 / Section 1327
27-1327 Procurement; aggregate materials; eligibility
Status: in_force

27-1327. Procurement; aggregate materials; eligibility

Beginning January 1, 2008, a person is not eligible for consideration for award of contracts for the sale of aggregate pursuant to title 41, chapter 23 until that person has an approved reclamation plan pursuant to this chapter.
A.R.S. § 27-1294 — Arizona Code / Title 27 / Chapter 6 / Article 5 / Section 1294
27-1294 Duplication of financial assurance not required
Status: in_force

27-1294. Duplication of financial assurance not required

Financial assurance is not required under this article that duplicates financial assurance that is required under other local, state or federal laws.  Evidence of financial assurance under this article that would be duplicated must be filed with the state mine inspector.
A.R.S. § 27-354 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 354
27-354 Cross-heads; buckets
Status: in_force

27-354. Cross-heads; buckets

A. Vertical shafts more than two hundred feet deep from which hoisting is done by a bucket shall be provided with suitable guides, and with the bucket a cross-head traveling upon the guides shall be provided. The height of the cross-head shall be at least one and one-half times its width. If the cross-head is a type not secured to the hoisting rope, a stopper of a design approved by the inspector shall be securely and rigidly fastened to the hoisting rope at a suitable point above the rim of the bucket. The number of persons permitted to ride on the deck of a cage, or, in or on a skip or bucket, shall be determined by the inspector and no more than that number shall be allowed to ride.

B. No persons shall ride upon a cage or in or on a skip or bucket when it is loaded with rock or ore, or when loaded with tools, timber, powder or other material, except for the purpose of assisting in passing it through the shaft.
A.R.S. § 27-356 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 356
27-356 Protection from falling materials
Status: in_force

27-356. Protection from falling materials

A. Persons engaged in sinking a shaft in which regular hoisting from an upper level is going on, shall be protected from the danger of falling material by a suitable covering, with a sufficient opening left in the covering for the passage of the bucket or conveyance used in the sinking operation.

B. In shafts, winzes or raises where two or more crews are working, one crew above another, there shall be a bulkhead or other barrier between each two crews strong enough to stop tools or other material that may fall from the persons working above, and only the cage, skip or bucket compartment shall be left open.

C. Shafts or winzes shall have a bulkhead over the persons working in the bottom of the shaft or winze built of timber not less than six inches in thickness, not more than fifty feet above the bottom of the shaft or winze, to provide ample protection for the persons working in the bottom of the shaft or winze, and so constructed as not to shut off the air circulation. The cage, skip or bucket compartment only shall be left open. Shafts or winzes shall be cleaned down below the bulkhead after each blasting.

D. Windlasses and winzes shall be provided with a suitable plug or some other reliable device to prevent the bucket or other conveyance running back.

E. No open hook shall be used with a bucket in hoisting, but only some approved form of safety hook or shackle hook.
A.R.S. § 27-1322 — Arizona Code / Title 27 / Chapter 6 / Article 6 / Section 1322
27-1322 Compliance orders
Status: in_force

27-1322. Compliance orders

A. Beginning January 1, 2007, if the state mine inspector determines that a person is violating this chapter, a rule adopted pursuant to this chapter or any condition of a reclamation plan approved pursuant to this chapter or is causing an imminent and substantial danger to the public safety, the inspector may issue an order requiring compliance either immediately or within a stated period of time.

B. A compliance order shall state with reasonable specificity the nature of the violation, a time for compliance, if applicable, and the right to a hearing.

C. The inspector shall transmit the compliance order to the alleged violator either by certified mail, return receipt requested, or by hand delivery.

D. At the inspector's request, the attorney general may file an action in superior court to enforce orders issued under this section after the order becomes final.  The action shall be filed in superior court in the county in which the alleged violation occurred or in which the inspector maintains an office.
A.R.S. § 27-127 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 127
27-127 Restrictions on divulging information by inspectors and employees; dismissal for violation
Status: in_force

27-127. Restrictions on divulging information by inspectors and employees; dismissal for violation

A. No inspector, deputy or employee shall make a report with respect to a mining property or prospect, except an official report to his superior officer or to the governor, nor shall he make public or reveal to any other person knowledge or information obtained by him in the exercise of his official duties concerning ore, ore bodies or values, of any mine or part thereof.

B. An inspector or deputy violating this section shall be dismissed from office.
A.R.S. § 27-1229 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1229
27-1229 Notice of plan or substantial change; new exploration operations; new aggregate mining units
Status: in_force

27-1229. Notice of plan or substantial change; new exploration operations; new aggregate mining units

A. The state mine inspector shall schedule and conduct a public meeting on a proposed reclamation plan for a new exploration operation or new aggregate mining unit or substantial change to an approved reclamation plan within forty-five days after receiving a proposed reclamation plan or a substantial change to an approved reclamation plan that the inspector deems to be complete.  The inspector shall conduct the meeting in the county in which the exploration operation or aggregate mining unit is located.

B. The inspector shall give at least thirty days' notice of the meeting.  The notice shall briefly describe the proposed reclamation plan or substantial change and shall designate where the plan or change may be accessed.  The notice shall be:

1. Filed with the secretary of state.

2. Sent by first class mail to cities and counties located within five miles of the exploration operation or aggregate mining unit.

3. Sent by first class mail to the department of water resources, department of environmental quality, multi-county water conservation districts and agencies that own or manage lands on which the exploration operation or aggregate mining unit is located.

4. Sent by first class mail to property owners within one mile of an exploration operation or aggregate mining unit located in a county with a population of less than eight hundred thousand persons or within one-half mile of an exploration operation or aggregate mining unit located in any other county.

5. Posted in five conspicuous public locations within one mile of the exploration operation or aggregate mining unit.

C. The exploration operation's or aggregate mining unit's designated representative shall attend the public meeting and respond to questions that relate to information in the reclamation plan or substantial change.

D. If an interested party cannot attend the public meeting, that party may submit written comments to the inspector before the meeting regarding the reclamation plan or substantial change, and the inspector shall consider the written comments.

E. The inspector shall adopt rules to implement the provisions of this section.
A.R.S. § 27-651 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 651
27-651 Definitions
Status: in_force

27-651. Definitions

In this article, unless the context otherwise requires:

1. "Commission" means the oil and gas conservation commission.

2. "Completion" or "completed well" means a well that has produced or is capable of producing geothermal resources or has been determined to be a dry hole, temporarily abandoned or plugged and abandoned, or has been readied for other phases of exploitation.

3. "Department" means the state land department.

4. "Environment" means the sum total of all the external conditions which may act upon an organism or community, to influence its development or existence.

5. "Geothermal area" means the same general surface area which is underlain or reasonably appears to be underlain by one or more formations containing geothermal resources.

6. "Geothermal resources" means:

(a) All products of geothermal processes embracing indigenous steam, hot water and hot brines.

(b) Steam and other gases, hot water and hot brines resulting from water, other fluids or gas artificially introduced into geothermal formations.

(c) Heat or other associated energy found in geothermal formations, including any artificial stimulation or induction thereof.

(d) Any mineral or minerals, exclusive of fossil fuels and helium gas, which may be present in solution or in association with geothermal steam, water or brines.

7. "Lease" means a geothermal resources development lease issued for state lands pursuant to the provisions of this article.

8. "Lessee" means the holder of a lease or any assignee of an original lease or part thereof.

9. "Operator" means any person drilling, maintaining, operating, pumping or in control of any well, and includes the owner, when any well is or has been or is about to be operated or under the direction of the owner.

10. "Owner" means and includes the operator when any well is operated or has been operated or is about to be operated by any person other than the owner.

11. "Person" means and includes any individual, firm, association, corporation or any other group or combination acting as a unit.

12. "Waste" means any physical waste including, but not limited to, underground waste resulting from the inefficient, excessive or improper use or dissipation of reservoir energy or resulting from the location, spacing, drilling, equipping, operation or production of a geothermal resources well in such a manner that reduces or tends to reduce the ultimate economic recovery of the geothermal resources within a reservoir, and surface waste resulting from the inefficient storage or utilization of geothermal resources and the location, spacing, drilling, equipping, operation or production of a geothermal resources well in such a manner that causes or tends to cause the unnecessary or excessive surface loss or destruction of geothermal resources obtained or released from the reservoir.

13. "Well" means any well drilled in search of geothermal resources or any development well on lands in areas proved to be underlain by one or more formations containing geothermal resources or reasonably presumed to contain geothermal resources or any well drilled for information purposes, or any producing well or reentered abandoned well used for the injection of fluids into the geothermal formation or disposition of fluids into nongeothermal formations, or any well drilled for the purpose of stimulating the heat of a formation or for the creation of heat in a formation by nuclear or any other form of energy.
A.R.S. § 27-531 — Arizona Code / Title 27 / Chapter 4 / Article 1.1 / Section 531
27-531 Integration of interests and spacing units
Status: in_force

27-531. Integration of interests and spacing units

A. To prevent or to assist in preventing waste, to insure a greater recovery of oil and gas, and to protect the correlative rights of persons owning interests in the tracts of lands affected, such persons may validly integrate their interests to provide for the unitized management, development and operation of such tracts of land as a unit. Where, however, such persons have not agreed to so integrate their interests, the commission, upon proper petition, after notice and hearing as provided in section 27-516 shall be vested with the jurisdiction and authority, and it shall be its duty to make and enforce such orders and do such things as may be necessary or proper to carry out and effectuate the purposes of this article.

B. The commission shall make an order providing for the unitized operation of a pool or part thereof if, after proper petition and notice and hearing it finds that:

1. The unitized management, operation and further development of a pool or portion thereof is reasonably necessary in order to effectively carry on pressure control, pressure-maintenance or repressuring operations, cycling operations, water flooding operations, or any combination thereof, or any other form of joint effort calculated to substantially increase the ultimate recovery of oil and gas from the pool; and

2. One or more of the unitized methods of operation as applied to such pool or portion thereof are feasible, will prevent waste and will, with reasonable probability, result in the increased recovery of substantially more oil and gas from the pool than would otherwise be recovered; and

3. The estimated additional cost, if any, of conducting such operations will not exceed the value of the additional oil and gas so recovered.
A.R.S. § 27-1291 — Arizona Code / Title 27 / Chapter 6 / Article 5 / Section 1291
27-1291 Financial assurance requirements; form
Status: in_force

27-1291. Financial assurance requirements; form

A. On or before January 1, 2007, as required by this chapter, owners and operators of exploration operations and aggregate mining units who create surface disturbances shall provide financial assurance mechanisms to the inspector as provided by this article.

B. Allowable financial assurance mechanisms for purposes of this article include any or a combination of the following:

1. Surety bond.

2. Certificate of deposit.

3. Trust fund with pay-in period.

4. Letter of credit.

5. Insurance policy.

6. Certificate of self-insurance.

7. Cash deposit with the state treasurer.

8. Evidence of ability to meet a corporate financial test or corporate guarantees as provided by 40 Code of Federal Regulations section 264.143(f).

9. Annuities.

10. Bonding pools.

11. Additional financial assurance mechanisms that are acceptable to the inspector.
A.R.S. § 27-358 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 358
27-358 Signaling apparatus
Status: in_force

27-358. Signaling apparatus

A. Every shaft and each compartment thereof used for hoisting which exceeds fifty feet in depth, and not exempted in writing by the inspector, shall be provided with an efficient means of interchanging distinct and definite signals between the top of the shaft and the lowest level from which hoisting is being done, and the various intermediate levels for the time they are in use.

B. The signaling apparatus shall be either wire or cable actuating a bell, whistle, speaking tube, telephone, electric or electronic system, or two or more of them.

C. Only those employees and supervisors authorized by the operator shall be permitted to ring any shaft or station bells.
A.R.S. § 27-102 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 102
27-102 Arizona geological survey; state geologist; powers
Status: in_force

27-102. Arizona geological survey; state geologist; powers

A. The Arizona geological survey is established within the university of Arizona with offices located in proximity to the university of Arizona in Tucson. The state geologist shall administer the Arizona geological survey and shall serve at the pleasure of the Arizona board of regents. The state geologist shall be a graduate of an accredited institution and either registered as a geologist by the state board of technical registration or a trained geologist as defined in section 32-144 and shall be otherwise qualified by education and experience to direct the research and information functions of the Arizona geological survey.

B. The state geologist may:

1. Engage the services of faculty members or students, and shall have reasonable access to the data and other resources, of the university of Arizona or any other state university in this state to conduct or supervise research, experimentation or other related work of the Arizona geological survey.

2. Organize field expeditions to perform work for the Arizona geological survey using university students who are sufficiently advanced in their study of geology to be able to perform satisfactory work.

3. Establish and appoint an advisory board consisting of independent practicing geologists, university or college faculty, mining geologists and others who use and rely on data, information and other services of the Arizona geological survey.

4. Engage volunteer staff as necessary.

C. The expenses of the Arizona geological survey shall be paid by annual appropriation from the state general fund and as otherwise provided by this article.
A.R.S. § 27-1227 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1227
27-1227 Substantial changes to approved reclamation plan
Status: in_force

27-1227. Substantial changes to approved reclamation plan

A. The state mine inspector must approve any substantial change to an approved reclamation plan as provided by this section before the change is implemented.

B. The owner or operator of the exploration operation or aggregate mining unit shall submit a notice of a proposed change to the inspector describing the purpose and scope of the proposed change and whether it constitutes a substantial change to the approved reclamation plan. The inspector shall notify the owner or operator submitting a notice of a proposed change to an approved reclamation plan whether the proposed change constitutes a substantial change within fifteen days after receiving the notice.

C. If the inspector determines that the change is substantial, the inspector shall require the owner or operator to submit an amendment to the plan for approval.  The inspector shall approve or disapprove the amended plan within ninety days after receiving the amended plan.

D. The inspector shall define substantial change by rule.

E. Before implementing a substantial change in an approved reclamation plan, the owner or operator shall submit to the inspector a revised financial assurance mechanism to account for the substantial change.
A.R.S. § 27-561 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 561
27-561 Assignment of lease; recording
Status: in_force

27-561. Assignment of lease; recording

A. In event of the assignment of a lease as to a segregated portion of the land covered thereby, the rentals payable thereunder shall be apportionable between the several leasehold owners ratably according to the surface area of each. Default in rental payment by one shall not affect the rights of other leasehold owners under the lease. If the lease is assigned in whole or in part, liability for the breach of any obligation under the lease shall rest exclusively upon the owner of the lease or the portion thereof who commits the breach.

B. All leases issued under the provisions of this article shall be assignable in whole or in part, but any assignment of a part of a lease shall cover not less than a quarter of a quarter section or the approximate equivalent thereof.

C. All assignments shall be on forms prescribed by the department and shall be filed with the department within ninety days from the date when made by depositing a duplicate executed original or a copy thereof certified by a notary public. The department shall retain in its files executed duplicate originals of all issued leases and of all assignments deposited with it. All leases and assignments shall be recorded, as other leases are recorded, in tract books kept for that purpose by the department.

D. All leases on file and all assignments filed with the department shall be constructive notice to all persons of the contents thereof.
A.R.S. § 27-1324 — Arizona Code / Title 27 / Chapter 6 / Article 6 / Section 1324
27-1324 Injunctive relief; civil penalties
Status: in_force

27-1324. Injunctive relief; civil penalties

A. Beginning January 1, 2007, if the state mine inspector has reason to believe that a person is violating this chapter or a rule adopted pursuant to this chapter or that a person is causing an imminent and substantial danger to the public safety, the inspector, through the attorney general, may request a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief necessary to protect the public safety, without regard to whether the person has requested a hearing.

B. A person who violates this chapter or a rule, order or reclamation plan approval adopted or issued pursuant to this chapter is subject to a civil penalty of not more than one thousand dollars for each day of violation, not to exceed fifteen thousand dollars for each violation.  At the inspector's request, the attorney general shall file an action in superior court to recover civil penalties as prescribed by this section.

C. An action filed under this section shall be brought in superior court in the county in which the alleged violation occurred or in which the inspector maintains an office.
A.R.S. § 27-307 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 307
27-307 Notice to operator of dangerous condition; compliance; failure to comply as prima facie evidence of negligence; order to cease operations
Status: in_force

27-307. Notice to operator of dangerous condition; compliance; failure to comply as prima facie evidence of negligence; order to cease operations

A. If upon inspection it appears to the inspector that an operation from any cause is in a dangerous condition or its condition fails to comply with the requirements of law, the inspector shall at once serve written notice on the operator or the operator's agent in charge, stating in detail why the operation is dangerous or does not comply with law, specifying necessary changes to be made and setting a reasonable time within which to make them.

B. The operator shall promptly make the change and comply with the notice.  In an action against a party notified as provided in subsection A for loss of life or bodily injuries by an employee subsequent to the notice and in consequence of the dangerous condition of the operation, a certified copy of the notice served by the inspector shall be prima facie evidence of the negligence of the operator.

C. If it appears to the inspector from a reexamination that the changes or compliances have not been made within the time specified in the notice, and that the operation is still in a condition dangerous to life or health, and in the opinion of the inspector it is necessary for the safety of the life or health of the employees that the operation be closed, the inspector shall promptly order cessation of the operation or part of the operation, and order that the employees not be permitted therein except to remedy the defects complained of until this chapter is complied with to the satisfaction of the inspector.  The operator shall promptly obey the order.

D. Except as provided in section 41-1092.08, subsection H, if the operator considers the final order to be in excess of the inspector's authority or unreasonable, the operator may obtain judicial review of its validity or reasonableness pursuant to title 12, chapter 7, article 6.
A.R.S. § 27-1224 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1224
27-1224 Inactive aggregate mining units
Status: in_force

27-1224. Inactive aggregate mining units

A. At an inactive aggregate mining unit, the following are not subject to the requirements of this chapter:

1. Voluntary reclamation measures that are not required by federal or state law, regulation or permit.

2. Actions that are required to comply with other local, state or federal laws, regulations, permits, orders or decrees.

3. Maintenance activities.

B. Exploration operations and aggregate mining and other associated activities at an inactive aggregate mining unit are subject to the requirements of this chapter only with respect to new surface disturbances created by those operations and activities.
A.R.S. § 27-510 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 510
27-510 Certificate of clearance
Status: in_force

27-510. Certificate of clearance

A. The sale, purchase or acquisition, or the transportation, refining, processing or handling of illegal oil or gas or illegal product is unlawful, but until the commissioner provides for certificates of clearance or some other method affording an opportunity to determine whether a contemplated transaction involves illegal oil or gas or illegal product, no penalty shall be imposed except as provided by subsection B.

B. Penalties may be imposed for each transaction prohibited by this section when the person committing the prohibited transaction knows that illegal oil or gas or illegal product is involved in the transaction or when the person could have known or determined such fact by the exercise of reasonable diligence or from facts within his knowledge.

C. Penalties provided in this article shall apply, regardless of lack of actual notice or knowledge, to any sale, purchase or acquisition, and to transportation, refining, sale, purchase or handling in any way without a certificate of clearance of illegal oil and gas or illegal product, where administrative provision is made for identifying the character of the commodity as to its legality.
A.R.S. § 27-669 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 669
27-669 Designation of known geothermal resource areas
Status: in_force

27-669. Designation of known geothermal resource areas

The department may determine and designate the known geothermal resource areas. The determinations and designations shall be published twice in a newspaper of general circulation in this state, the last publication to be not less than five days from the first date of publication. The determinations and designations shall become effective from the date of first publication. Until such a determination and designation is made by the department, all state lands shall be deemed not located within any known geothermal resource area.
A.R.S. § 27-103 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 103
27-103 Objectives of Arizona geological survey
Status: in_force

27-103. Objectives of Arizona geological survey

The objectives of the Arizona geological survey are to:

1. Serve as a primary source of geologic information in this state to enhance public understanding of the state's geologic character, geologic hazards and limitations and mining and mineral resources.

2. Inform, advise and assist the public in matters concerning the geological processes, materials and landscapes and the development and use of the mineral resources of this state.

3. Encourage the wise use of the lands and mineral resources of this state toward its development.

4. Provide technical advice and assistance in geology to other state and local governmental agencies engaged in projects in which the geologic setting, character or mineral resources of the state are involved.

5. Provide technical advice and assistance in geology to industry toward the wise development and use of the mineral and land resources of this state.
A.R.S. § 27-1297 — Arizona Code / Title 27 / Chapter 6 / Article 5 / Section 1297
27-1297 Rules; release, forfeiture or exercise of financial assurance
Status: in_force

27-1297. Rules; release, forfeiture or exercise of financial assurance

A. The state mine inspector shall adopt rules for:

1. Reviewing and acting on applications to release all or part of the financial assurance under this article.

2. Ensuring the implementation of the reclamation plan through forfeiture or exercise of the financial assurance on failure to implement the reclamation plan as required by this article.

B. The rules shall provide for written notice to all principals and sureties on the financial assurance and an opportunity for a hearing.
A.R.S. § 27-131 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 131
27-131 Abandoned mines safety fund; annual report
Status: in_force

27-131. Abandoned mines safety fund; annual report

A. Notwithstanding section 27-129, subsection D, the abandoned mines safety fund is established consisting of:

1. Gifts, grants and contributions specifically designated for the fund.

2. Monies that may be appropriated by the legislature to the fund to match the gifts, grants and contributions based on the preceding year's expenditure report required under subsection D of this section.

B. The state mine inspector shall administer the fund. Monies in the fund are exempt from lapsing pursuant to section 35-190.

C. Monies in the fund are continuously appropriated to the inspector to ensure public safety at abandoned mines on land owned by this state as provided by section 27-129. The inspector shall use monies in the fund to pay contractors for actual abatement costs to fill, fence or plug shafts and adits and not to pay administrative salaries and other costs. The inspector shall consult with the state land commissioner to identify and prioritize the abandoned mine sites on state lands to be considered for abatement.

D. Each year the inspector shall submit an annual report to the joint legislative budget committee on or before December 1 concerning the expenditure of monies from the fund and contributions to the fund during the preceding fiscal year. The report shall itemize each expense paid from the fund and shall describe the actions taken to ensure public safety.
A.R.S. § 27-463 — Arizona Code / Title 27 / Chapter 3 / Article 7 / Section 463
27-463 Procedure
Status: in_force

27-463. Procedure

Except as provided in this article, in adopting rules, the inspector shall comply with the procedures set forth in title 41, chapter 6.
A.R.S. § 27-105 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 105
27-105 Immunity
Status: in_force

27-105. Immunity

Any claim or action against the Arizona geological survey, the state geologist or any other officer, employee or volunteer working with the geological survey in the person's official capacity must be brought against the state of Arizona and not against the geological survey, state geologist or officer, employee or volunteer individually.
A.R.S. § 27-655 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 655
27-655 Commission approval prior to operation; information; hearing
Status: in_force

27-655. Commission approval prior to operation; information; hearing

The commission shall have jurisdiction over any stimulation, induction or creation of a geothermal resource. Prior to any operation involving the stimulation, induction or creation of a geothermal resource, or any combination thereof, approval of the commission must be obtained.  All information deemed necessary by the commission concerning such operations shall be submitted to the commission in such form as determined by the commission no later than thirty working days prior to a commission hearing to consider approval of said application. No application to stimulate, induct or create a geothermal resource will be approved by the commission except after notice and hearing as set forth in section 27-656.
A.R.S. § 27-371 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 371
27-371 Radon control
Status: in_force

27-371. Radon control

Concentrations of radon gas shall not exceed such amounts as may be set by the inspector.
A.R.S. § 27-423 — Arizona Code / Title 27 / Chapter 3 / Article 5 / Section 423
27-423 Tracks, roadbeds and roadways
Status: in_force

27-423. Tracks, roadbeds and roadways

A. Tracks, roadbeds, rails, joints, switches and frogs on all haulageways shall be constructed, installed and maintained in a manner consistent with the speed and type of haulage operations being conducted.

B. Truck haulage roadways, including berms where necessary, shall be constructed and maintained with due regard for safety, in a manner consistent with the speed and type of haulage operations being conducted and the type of equipment being operated.
A.R.S. § 27-368 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 368
27-368 Ventilation; condition of airways; testing
Status: in_force

27-368. Ventilation; condition of airways; testing

A. Every underground working place shall have a sufficient amount of ventilation for employees working in such place.

B. In any underground working place where there is danger of a serious fire, ventilation shall be controlled by mechanical means.

C. The air currents going into underground workings shall have sufficient volume and velocity to direct and carry away smoke and harmful gases from blasting and any other gases or dust which might contaminate the atmosphere.

D. Intake and exhaust airways in underground mines shall be maintained in good condition and free from obstruction.

E. When the atmosphere in any mine or part of a mine is known to contain or is suspected of containing any explosive or toxic gas, the operator shall test it before employees are allowed to work in such mine or part of such mine.
A.R.S. § 27-301 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 301
27-301 Definitions
Status: in_force

27-301. Definitions

In this chapter, unless the context otherwise requires:

1. "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.

2. "Active mine" means a mining operation conducting mining activities on any lands.

3. "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. It includes mining claims and sites deemed abandoned under the federal land policy and management act of 1976 (P.L. 94-579; 90 Stat. 2743).

4. "Excavations" or "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.

5. "Inactive mine" means a mining operation not conducting mining for more than six months or where mining operations have been temporarily suspended or the operator has complied with section 27-303, subsection C.

6. "Inspector" means the state mine inspector and except in article 7 of this chapter his deputies.

7. "Mill" means any ore mill, concentrator, sampling works, crushing, grinding or screening plant, appurtenant buildings, shops or storage or loading facility used at and in connection with any mine.

8. "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. Mine includes that portion of an operation which mixes rock, sand, gravel or similar materials with water and cement or with asphalt, provided that the operation is either physically connected to the mine or is so interdependent with the mine as to form one integral enterprise.  Mine includes that portion of an operation that is being reclaimed pursuant to chapter 5 or 6 of this title.

9. "Miner" means a person who works in a mine.

10. "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. Mining includes mined land reclamation activities regulated pursuant to chapter 5 or 6 of this title.

11. "Open pit" means any mine operated on the surface of the earth, including quarries, but excluding sand and gravel operations.

12. "Operation" means a mine, mill, smelter, sand and gravel plant or pyrometallurgical or hydrometallurgical operation.

13. "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.

14. "Sand and gravel operation" means any operation the principal product of which is sand, gravel, pumice or any other common variety of material.

15. "Smelter" means any establishment used for the purpose of pyrometallurgical operations and appurtenant buildings, shops, facilities for the production of steam or electrical power, or equipment used in conjunction with any of the above.

16. "Surface mining" means mining conducted on the surface of the land including open pit, strip, dredging, quarrying, leaching, surface evaporation operations, reworking abandoned tailings and dumps and related activities.

17. "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.
A.R.S. § 27-342 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 342
27-342 Mine outlets
Status: in_force

27-342. Mine outlets

Every mine shall have at least two outlets to the surface except as otherwise provided in this article. The outlets shall not lead to the surface in the same house and shall not at any point be closer to one another than thirty feet. If two outlets of a mine or part of them do not belong to the same mine, the owners and the operators of the respective mines shall be responsible for the outlet or part of it in their respective mines, being kept in proper repair. Should any obstruction arise in an outlet, or anything occur in one of the mines to jeopardize the safety of the outlet, the occurrence shall be immediately reported to the operator of the other mine. If either of the two outlets or part of them is situated in an abandoned mine, the operators of the working mine shall be jointly and severally responsible for the proper maintenance and repair of the outlet.
A.R.S. § 27-209 — Arizona Code / Title 27 / Chapter 2 / Article 1 / Section 209
27-209 Sufficiency of description of mining claims
Status: in_force

27-209. Sufficiency of description of mining claims

In all actions, judgments, grants, or conveyances it shall be a sufficient description of a mining claim if the name of the claim, the district, county and state where it is located, and the book and page where the location notice thereof is recorded can be understood therefrom.
A.R.S. § 27-559 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 559
27-559 Development of water for use in operations; taking over well which yields fresh water
Status: in_force

27-559. Development of water for use in operations; taking over well which yields fresh water

A. A lessee shall have the right to develop water for use in its operations subject to the applicable laws of the state pertaining to drilling water wells and using water produced therefrom.

B. If any well drilled for oil or gas on a lease issued pursuant to this article fails to develop oil or gas in paying quantities but develops fresh water, the department shall have the option to take over the well if the lessee determines to abandon it as an oil or gas well upon payment by the department to the lessee of the reasonable value of the well casing and other materials necessary to be left in the well, and the lessee shall thereupon be relieved of all further obligations with respect to the well, its completion and abandonment.
A.R.S. § 27-221 — Arizona Code / Title 27 / Chapter 2 / Article 2 / Section 221
27-221 Notice to delinquent co-owner to contribute share of annual labor expense or maintenance fees
Status: in_force

27-221. Notice to delinquent co-owner to contribute share of annual labor expense or maintenance fees

A. When a co-owner gives a delinquent co-owner notice in writing or notice by publication to contribute his proportion of the expense of annual labor or maintenance fees as provided by the laws of the United States, an affidavit of the person giving the notice, stating the time, place, manner of service and by whom and upon whom the service was made, shall be attached to a true copy of the notice, and the notice and affidavit shall be recorded ninety days after giving the notice, or if the notice is given by publication in a newspaper, there shall be attached to a printed copy of the notice an affidavit of the editor or publisher of the paper, stating the date of each insertion of the notice therein, and when and where the newspaper was published during that time, and the affidavit and notice shall be recorded one hundred and eighty days after the first publication.

B. A true copy of the original notice and affidavit of service, or the records thereof, shall be prima facie evidence that the delinquent co-owner has failed or refused to contribute his proportion of the expenditure, and shall be prima facie evidence of service or publication of the notice, unless the writing or affidavit provided for in section 27-222 is of record.
A.R.S. § 27-971 — Arizona Code / Title 27 / Chapter 5 / Article 4 / Section 971
27-971 Submission and contents of reclamation plan
Status: in_force

27-971. Submission and contents of reclamation plan

A. Beginning July 1, 1996, an owner or operator may submit a single reclamation plan that covers multiple mining units of a mining facility.

B. The proposed reclamation plan shall include:

1. The names and addresses of the owner or operator and an individual who will be the regulatory contact.

2. A statement that the owner or operator assumes responsibility for the reclamation of surface disturbances that are attributable to the mining unit consistent with this chapter and the rules adopted pursuant to this chapter.

3. The current ownership and use of the land included in the mining unit.

4. The proposed post-mining use of the land.

5. A description of the mining unit and the proposed surface disturbances that will be created.

6. The existing and proposed final topography, including the final slopes of leach piles, overburden or low grade rock stockpiles and tailing piles.

7. A narrative description of roads that are proposed for the mining unit.

8. The acreage affected by each type of surface disturbance and a map of the mining unit area showing each surface disturbance. For previously undisturbed areas, the map shall identify any types of fish and wildlife habitats that will be disturbed.

9. The proposed reclamation measures that are necessary to achieve the post-mining land use including information concerning:

(a) The measures that will be taken to restrict public access to pits, adits, shafts and other surface features that may be a hazard to public safety.

(b) The measures that will be taken to address erosion control and stability.

(c) The measures that will be taken to address revegetation, conservation and the care and monitoring of revegetated areas as provided in this chapter.

(d) For surface disturbances where the proposed post-mining land use objective is designated as grazing, fish or wildlife habitat, forestry or recreation, the type of wildlife or fish habitat to be encouraged, including measures that will be taken to encourage that type of wildlife or fish habitat, and that those measures will not be incompatible with the fish or wildlife habitat on adjacent lands.

10. A proposed tentative schedule for beginning surface disturbances and beginning and completing the reclamation measures.

11. The estimated costs to perform each of the proposed reclamation measures for purposes of determining financial assurance requirements under article 5 of this chapter.
A.R.S. § 27-1271 — Arizona Code / Title 27 / Chapter 6 / Article 4 / Section 1271
27-1271 Submission and contents of reclamation plan
Status: in_force

27-1271. Submission and contents of reclamation plan

A. Beginning January 1, 2006, an owner or operator may submit a single reclamation plan that covers multiple aggregate mining units of an aggregate mining facility.

B. The proposed reclamation plan shall include:

1. The names and addresses of the owner or operator and an individual who will be the regulatory contact.

2. A statement that the owner or operator assumes responsibility for the reclamation of surface disturbances that are attributable to the aggregate mining unit consistent with this chapter and the rules adopted pursuant to this chapter.

3. The current ownership and use of the land included in the aggregate mining unit.

4. The proposed postaggregate mining use of the land.

5. A description of the aggregate mining unit and the proposed surface disturbances that will be created.

6. The existing and proposed final topography, including the final slopes or configuration of overburden or waste rock stockpiles and fine areas.

7. A narrative description of roads that are proposed for the aggregate mining unit.

8. The acreage affected by each type of surface disturbance and a map of the aggregate mining unit area showing each surface disturbance.  For previously undisturbed areas, the map shall identify any types of fish and wildlife habitats that will be disturbed.

9. The proposed reclamation measures that are necessary to achieve the postaggregate mining land use, including information concerning:

(a) The measures that will be taken to restrict public access to pits and other surface features that may be a hazard to public safety.

(b) The measures that will be taken to address erosion control and stability.

(c) The measures that will be taken to address revegetation, conservation and the care and monitoring of revegetated areas as provided in this chapter.

(d) For surface disturbances for which the proposed postaggregate mining land use objective is designated as grazing, fish or wildlife habitat, forestry or recreation, the type of wildlife or fish habitat to be encouraged, including measures that will be taken to encourage that type of wildlife or fish habitat, and that those measures will not be incompatible with the fish or wildlife habitat on adjacent lands.

10. A proposed tentative schedule for beginning surface disturbances and beginning and completing the reclamation measures.

11. The estimated costs to perform each of the proposed reclamation measures for the purposes of determining financial assurance requirements under article 5 of this chapter.

12. The distance in feet and the direction from the closest existing occupied residential structures and aggregate mining facility. For the purposes of this paragraph, the distance shall be measured from the exterior of the occupied residential structure to the closest crest of excavation and includes any intermediate rights-of-way between the structure and proposed facility.

13. A statement that the owner or operator has provided a notice of the proposed reclamation plan to each residential property owner whose property is located within a one-half mile radius of the aggregate mining operation as shown on the current property tax roll. The notice shall include the name and contact information of the owner or operator's designated representative who will respond to questions regarding the proposed reclamation plan.
A.R.S. § 27-256 — Arizona Code / Title 27 / Chapter 2 / Article 4 / Section 256
27-256 Assignment
Status: in_force

27-256. Assignment

Any mineral exploration permit issued hereunder may be assigned in whole or in part by the permittee, but such assignment shall not become effective unless and until a copy thereof is filed with the department and is approved by the commissioner. The assignee shall succeed to all of the rights and shall be subject to obligations of the permittee under the mineral exploration permit.
A.R.S. § 27-571 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 571
27-571 Inspecting well records; trade secrets; confidentiality; definition
Status: in_force

27-571. Inspecting well records; trade secrets; confidentiality; definition

A. The state land commissioner or the commissioner's agent may inspect any well records that are required to be filed with the oil and gas conservation commission but shall keep confidential all information that is not subject to inspection as provided by section 27-522.

B. For the proper administration of state land, the state land commissioner may require a lessee to submit relevant engineering and feasibility studies and other economic and technical information that is considered to be a trade secret in the oil and gas industry.

C. Trade secret information obtained under this section is confidential.

D. For purposes of this section, "trade secret" means information to which all of the following apply:

1. A person has taken reasonable measures to protect the information from disclosure and the person intends to continue to take those measures.

2. The information is not and has not been reasonably obtainable by legitimate means by other persons without the person's consent, other than by governmental entities and other than in discovery based on a showing of special need in a judicial or quasi-judicial proceeding.

3. A statute does not specifically require disclosure of the information to the public.

4. The person has satisfactorily shown that disclosing the information is likely to cause substantial harm to the person's competitive position.
A.R.S. § 27-231 — Arizona Code / Title 27 / Chapter 2 / Article 3 / Section 231
27-231 Definition of mineral
Status: in_force

27-231. Definition of mineral

In this article, unless the context otherwise requires, "mineral" means all metallic ore minerals and industrial minerals other than common variety minerals as defined in section 27-271.
A.R.S. § 27-1296 — Arizona Code / Title 27 / Chapter 6 / Article 5 / Section 1296
27-1296 Release of financial assurance
Status: in_force

27-1296. Release of financial assurance

A. An owner or operator may apply to the state mine inspector to release all or part of the financial assurance provided under this article. The application shall:

1. Describe the reclamation measures that have been performed.

2. Describe any surface disturbances proposed in the reclamation plan that have not been disturbed.

3. Contain an estimate of the costs of reclamation measures that have not been performed.

B. Within sixty days after receiving a complete application, the inspector shall release all or part of the financial assurance except for any amount that is necessary to perform the reclamation measures identified in the reclamation plan.  After the reclamation measures have been performed, the remaining financial assurance shall be released, except that ten per cent shall be retained for the costs of care, monitoring and one reseeding, if necessary, for areas that have been revegetated.  The inspector shall release the retained monies after a period of not more than three growing seasons after the supplemental management or other man-induced inputs have been finally removed or as otherwise provided in section 27-1292, subsection B.
A.R.S. § 27-566 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 566
27-566 Notice to lessee of election; storage
Status: in_force

27-566. Notice to lessee of election; storage

A. Not less than eleven weeks before the sale of royalty oil by the department, the department shall give the lessee written notice of the department's election to receive the quantity of royalty oil on the date specified by the department.

B. If the notice of election is pursuant to an application to purchase by an Arizona refining business, the quantity shall not be less than the amount applied for.

C. Written notice shall be served on the lessee at the lessee's business office address in this state on file with the department by certified mail or by personal service in the same manner as for a civil action in superior court. Service is deemed complete and notice given on the date of mailing the notice.

D. Upon receipt of the notice of election, the lessee shall immediately advise the department by certified mail of the location of the storage facility to which the lessee will deliver the royalty oil. The lessee shall deliver such quantity and quality at the time specified by the department into accessible storage and store it as the property of the department without storage cost to the department for not more than ten days after the date of sale. Within such time the lessee shall allow free and undisturbed access to the department's buyer to remove the stored royalty oil without cost to the buyer except for the costs of sale due to the department. For purposes of this section, "accessible storage" means whatever facilities are available to the lessee. Nothing in this section shall require the construction or maintenance by the lessee of additional facilities for the storage of or access to royalty oil.

E. Upon sale and payment by the buyer, the buyer is deemed to be the owner of the subject royalty oil for all purposes.
A.R.S. § 27-346 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 346
27-346 Ladder-ways
Status: in_force

27-346. Ladder-ways

Every shaft, winze, raise or incline, of slope steeper than forty degrees from the horizontal, and deeper than forty feet, through which persons are obliged to travel, shall be equipped with a suitable ladder-way.
A.R.S. § 27-515 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 515
27-515 Administration; powers of the commission; fees
Status: in_force

27-515. Administration; powers of the commission; fees

A. The commission shall administer and enforce this article and other laws relating to conservation of oil and gas. The commission and administrative staff, at any time, may enter property and inspect wells drilled for oil or gas and well records, and shall control property, machinery and appliances necessary to gauge the wells.

B. The commission may:

1. Administer oaths to a witness in any hearing, investigation or proceeding held under this article or any other law relating to conservation of oil and gas.

2. Issue subpoenas requiring attendance and testimony of witnesses and production of books, papers and records deemed material or necessary, and direct service of subpoenas by a sheriff or other officer authorized by law to serve process.

3. Prescribe rules and do all acts necessary or advisable to carry out this article.

4. Collect fees to cover the costs of services, including reproduction of records or any portion of records and copies of rules.  The monies collected are not subject to section 27-523 but shall be deposited, pursuant to sections 35-146 and 35-147, by the commission in the fund from which the expenditure was originally made.

5. Publish technical maps, cross sections and reports and sell these materials for fees that will cover the costs incurred in their preparation, reproduction and distribution.

C. The commission may enter into cooperative agreements with agencies of the United States government, with agencies of state or local government or with Indian tribes to protect the fresh water supplies of this state from contamination or pollution brought about by the drilling of any well or for any other purpose of this article.

D. The commission may apply for and accept gifts, devises and donations of books, well records, maps or other materials.  All donated materials shall become public records.

E. Monies collected under subsection B, paragraph 5 of this section are not subject to section 27-523 but shall be deposited, pursuant to sections 35-146 and 35-147, in the permit administration fund established by section 49-455 and shall be used to prepare, reproduce and distribute further publications.
A.R.S. § 27-365 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 365
27-365 Regulation of underground use of internal combustion engines
Status: in_force

27-365. Regulation of underground use of internal combustion engines

The underground use of any internal combustion engine is declared unlawful, unless after application filed with the inspector he approves the equipment for safe use in the type of underground work for which the application is filed and finds that the atmospheric conditions in the underground workings where the equipment is to be used are such that the operation of such equipment will not endanger the health or safety of any employee. If the application is approved by the inspector, the operation of the designated equipment shall be lawful only if and so long as it is operated and maintained in accordance with recommendations made public from time to time by the inspector, and only upon the condition that when air quality becomes unsafe operation of the equipment shall be stopped by the operator until air quality again becomes safe either by increasing ventilation or by correcting mechanical imperfections in the equipment, whichever is found to be the cause of the unsafe quality of the air.