Section R11-2-101. Definitions

In this Chapter and the Act, unless the context otherwise requires: “Act”  means   the  Arizona   Mined  Land  Reclamation   Act, enacted in 1994, A.R.S. § 27-901 et seq., as amended.

“Approved reclamation plan” means the owner’s or operator’s plan for reclaiming surface disturbances after approval by the State Mine Inspector.

“Backfill” means earth, overburden, mine development rock, or imported material used to replace material removed during mining.

“Commodities in commerce” means commodities that are mined for use or conversion into a salable or usable product.

“Completion” or “Completing” means the permanent discon- tinuance of mining activity of an exploration operation or min- ing unit without the intent to resume operation.

“Growth media” means substances or materials that promote or support vegetation.

“Inspection” means a visual review of an exploration opera- tion or mining unit to assure compliance with the Act, this Chapter, or any condition of an approved reclamation plan.

“Institutional controls” means mechanisms that guide, man- age, or exercise restraint or direction, including deed restric- tions to protect public safety, fencing districts, and physical control of access.

“Mining activity” means any activity directly involved in min- eral exploration, development, or production at or on an explo- ration operation or a mining unit.

“Operator” means any person who is legally responsible for directing mining activity at an exploration operation or a min- ing unit.

“Owner” means any person who owns land with surface dis- turbances subject to the Act and this Chapter.

“Person” means an individual, corporation, governmental sub- division or agency, business trust, estate, trust, partnership, association, or any other legal entity.

“Showing of good cause” means a demonstration by the owner or operator of a reason beyond the owner’s or operator’s con- trol which prevents or limits the ability to act within required time limits or a demonstration by the owner or operator that the owner or operator is making good faith efforts toward the coordination and submittal of a reclamation plan.

“Subsidence” means the measurable lowering of a portion of the earth’s surface or substrata.

Historical Note

Adopted effective January 6, 1997 (Supp. 97-1).