Ariz. Admin. Code § R11-3-816 - Application for Release of Financial Assurance

A. Except as provided in subsection (E), the Inspector shall not release any financial assurance until the responsible party satisfies all conditions and requirements of the Act and this Chapter.

B. To obtain release of some or all financial assurance, the responsible party shall submit a written request to the Inspector.

C. Within 60 days after receiving the request for release of financial assurance submitted under subsection (B), the Inspector or a designated agent shall inspect the aggregate exploration operation or mining unit or facility to determine whether the responsible party has satisfied all conditions and requirements of the Act and this Chapter and either:

1. Approve release of some or all financial assurance; or

2. Provide written notice to the responsible party that release of some or all financial assurance is denied, reasons for the denial, and measures necessary to satisfy all conditions and requirements of the Act and this Chapter.

D. By agreement of the Inspector and responsible party, the time for inspection designated under subsection (C) may be extended if conditions prevent an inspection of the reclaimed land within the time specified.

E. If the responsible party transfers the aggregate exploration operation or mining unit or facility to another owner, the Inspector shall release the transferor's financial assurance mechanism when the transferee provides an alternate financial assurance mechanism that meets the requirements of the Act and this Chapter.

Notes

Ariz. Admin. Code § R11-3-816

Adopted by final rulemaking at 25 A.A.R. 828, effective 5/11/2019.