Arizona Revised Statutes Title 27. Minerals, Oil and Gas § 27-442. Aggregate mining operations; community notice; application

A. An owner or operator of an aggregate mining operation shall not conduct any aggregate mining until it has an approved community notice pursuant to § 27-445, except that an owner or operator of an existing aggregate mining operation may continue the operation if a community notice is filed as provided by subsection H of this section.

B. An owner or operator of an aggregate mining operation shall not undertake a major modification of an approved community notice until a major modification application is approved by the state mine inspector pursuant to § 27-445.

C. The owner or operator of a new aggregate mining operation shall file an application for a community notice with the inspector containing:

D. An owner or operator who owns or leases the land of the operation may submit a joint application for a community notice with one or more lessees or sublessees who are also operating an aggregate mining operation on the same property. A joint application for a community notice must separately list the information required pursuant to subsection C of this section by each owner or operator of an aggregate mining operation. Owners or operators of aggregate mining operations who received approval for a joint application for a community notice may also file a joint application on that approved community notice for major and minor modifications.

E. The owner or operator may propose a major or minor modification by filing an application with the inspector containing the text of the community notice with the proposed changes noted in the text.

F. Within fourteen days after receiving an application for a community notice for a new aggregate mining operation or major modification, the inspector shall notify the applicant if the community notice application contains the information required by subsection C of this section or if the major modification application is complete pursuant to subsection E of this section. If the inspector fails to notify the applicant within fourteen days, the application is considered to be complete.

G. The owner or operator must file an application for a minor modification to an approved community notice with the state mine inspector. Minor modifications take effect on filing, unless a later effective date is designated in the application. Applications for minor modifications are not subject to §§ 27-443, 27-444 and 27-445.

H. For purposes of having an approved community notice, within ninety days after an aggregate mining operations zoning district is established pursuant to § 11-812, the owner or operator of an existing aggregate mining operation must file with the state mine inspector a community notice, which is not subject to §§ 27-443 and 27-444. The community notice shall contain all the information required by subsection C of this section, except paragraph 7, for its aggregate mining operation. Owners or operators of existing aggregate mining operations may submit a joint application for a community notice pursuant to subsection D of this section.