Arizona Laws 27-446. Claims of deviation from an approved community notice
A. After a community notice is approved by the state mine inspector, a residential property owner who resides within one-half mile of the boundaries of the aggregate mining operation may submit a written complaint to the designated community representative that the operation has materially deviated from the approved community notice, specifying the community notice provision that is in question and the nature of the material deviation.
Terms Used In Arizona Laws 27-446
- Aggregate: means cinders, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. See Arizona Laws 27-441
- 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. See Arizona Laws 27-441
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Inspector: means the state mine inspector and except in article 7 of this chapter his deputies. See Arizona Laws 27-301
- 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. See Arizona Laws 27-301
- 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. See Arizona Laws 27-301
- 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. See Arizona Laws 27-441
- 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. See Arizona Laws 27-301
- Property: includes both real and personal property. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
B. If the aggregate mining operation does not address the complaint to the satisfaction of the residential property owner within thirty days after receiving the complaint, the notified residential property owner may file the same complaint with the inspector with a statement that the aggregate mining operation has not addressed the complaint to the property owner’s satisfaction.
C. In counties that have established an aggregate mining operations recommendation committee pursuant to section 11-812, the inspector shall request the committee to hear the complaint. The committee shall advise the inspector within thirty days in writing of its findings and recommendations regarding the complaint. The inspector shall render a decision on the complaint within thirty days after receiving the committee’s recommendation. The inspector shall notify, in writing, the owner or operator of the aggregate mining operation, the complainant and the committee of the decision.