Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 1 - DEFINITIONS › Section R11-3-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The definitions at A.R.S. §§
									27-441 and
				  27-1201
				  apply to this Chapter. Additionally, unless the context requires otherwise, in
				  this Chapter:
"Act" means the Arizona Mined Land Reclamation Act, enacted
				  in 2005, A.R.S. §
									27-1201 et
				  seq., as amended.
"Approved reclamation plan" means a plan for reclaiming
				  surface disturbances submitted by the responsible party and approved by the
				  Inspector.
"Borrow pit" means an unregulated excavation surface
				  disturbance from which overburden is extracted for use as fill material in the
				  form in which it is extracted.
"Completion," means permanent discontinuance of mining
				  activity of an exploration operation or aggregate mining unit without the
				  intent to resume mining activity.
"Growth media" means substances or materials that promote or
				  support vegetation.
"Inert material," as defined at A.R.S. §§
									49-201 and
				  49-701,
				  means broken concrete, asphaltic pavement, manufactured asbestos-containing
				  products, brick, rock, gravel, sand, and soil. Inert material includes
				  materials that when subjected to a water leach test that is designed to
				  approximate natural infiltrating waters will not leach substances in
				  concentrations that exceed numeric aquifer water quality standards established
				  under A.R.S. §
									49-223,
				  including overburden and wall rock that is not acid generating, taking into
				  consideration acid neutralization potential, and that has not and will not be
				  subject to mine leaching operations.
"Inspection" means a visual review of an exploration
				  operation or aggregate mining unit to assure compliance with the Act, this
				  Chapter, and conditions of an approved reclamation plan.
"Institutional controls" means mechanisms that guide, manage,
				  or exercise restraint or direction, including deed restrictions, to protect
				  public safety, fencing districts, and physical control of access.
"Mining activity" means any action directly involved in
				  mineral exploration, development, or production at or on an exploration
				  operation or aggregate mining unit.
"Non-mining excavation surface disturbance" means a surface
				  disturbance or excavation that is not an integral or active part of an
				  aggregate mining activity at an aggregate mining facility and does not require
				  reclamation under the Act or this Chapter. Non-mining excavation surface
				  disturbance includes construction excavations, borrow pits, and other
				  site-development excavations that are not used for aggregate development, occur
				  on a one-time or intermittent basis, and involve no processing except use of a
				  screen to remove large rocks, wood, and trash.
"Operator" means a person or the person's designated agent,
				  who is legally responsible for directing mining activity at an exploration
				  operation or aggregate mining unit.
"Overburden" means material covering an area that lends
				  itself to economical exploitation.
"Owner" means a person that owns land with surface
				  disturbances subject to the Act and this Chapter.
"Person" means an individual, corporation, governmental
				  subdivision or agency, business trust, estate, trust, partnership, association,
				  or any other legal entity.
"Responsible party" means the owner or operator designated in
				  an aggregate site reclamation plan as the person responsible under the Act and
				  this Chapter.
"Riprap" means loose stone or other material used to armor
				  shorelines, streambeds, bridge abutments, pilings, and other structures against
				  erosion.
"Showing of good cause" means a demonstration by the
				  responsible party of:
A reason beyond the responsible party's control that prevents
				  or limits the ability to act within required time limits; or Good faith efforts
				  toward the coordination and submission of a aggregate site reclamation
				  plan.
"Substantial change" means one or more of the following
				  alterations to an approved reclamation plan:
Change in the post-aggregate mining use of the land from that
				  stated in the approved reclamation plan;
New surface disturbance that cannot be reclaimed in a manner
				  substantially similar to that stated in the approved reclamation plan;
Change to the final topography of a surface disturbance that
				  substantially affects the reclamation measures stated in the approved
				  reclamation plan;
Change to reclamation measures stated in the approved
				  reclamation plan that has the effect of lessening restrictions to public access
				  to pits or other surface features that may cause a hazard to persons legally on
				  the premises;
Change to reclamation measures stated in the approved
				  reclamation plan that materially affects post-aggregate mining land use;
Change to reclamation measures stated in the approved
				  reclamation plan that materially affects the reclamation of access roads, drill
				  pads, drill holes, trenches, and other exploration workings;
New surface disturbance or expansion beyond the boundaries
				  stated in the approved reclamation plan; or
Significant decreases in the cost estimate stated in the
				  reclamation plan to perform reclamation measures for the purpose of determining
				  financial assurance requirements under Article 5 of the Act.