Ariz. Admin. Code § R11-2-818 - Forfeiture Criteria/forfeiture of Financial Assurance

A. A financial assurance mechanism filed with the State Mine Inspector or state agency is subject to forfeiture if any of the following exist:

1. An exploration operation or mining unit has been completed, abandoned, or temporarily closed for a period greater than allowed by the Act or this Chapter without initiating reclamation;

2. An exploration operation or mining unit has been completed, abandoned, or temporarily closed for a period greater than allowed by the Act or this Chapter and the owner or operator stops or suspends any ongoing reclamation as determined by the State Mine Inspector;

3. The operator stops conducting business in the state of Arizona and does not transfer the approved reclamation plan and financial assurance to a new operator under A.R.S. § 27-928.

4. The operator stops conducting business due to insolvency, bankruptcy, receivership, or misconduct, under A.R.S. § 27-905;

5. The operator fails to comply with the conditions of the financial assurance mechanism; or

6. The owner or operator fails to reclaim the surface disturbances under the approved reclamation plan, the Act, or this Chapter.

B. Where the financial assurance has been filed with an agency of the federal government, the State Mine Inspector shall notify that agency and request forfeiture action to be taken.

Notes

Ariz. Admin. Code § R11-2-818

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