Arizona Laws 27-1275. 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.
Terms Used In Arizona Laws 27-1275
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Reclamation: means measures that are taken on surface disturbances at exploration operations and aggregate mining units to achieve stability and safety consistent with postaggregate mining land use objectives specified in the reclamation plan. See Arizona Laws 27-1201
- Stability: means the condition of land with respect to its erosion potential and ability to withstand seismic activity. See Arizona Laws 27-1201
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 aggregate resources.
7. Regional or local hydrogeology.
C. Buildings and other structures may remain after reclamation if adequate measures are taken to protect public safety.