governor’s water
management commission amendments
NOW: aggregate mining
DPA |
Committee on Natural Resources and Agriculture |
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DPA |
Caucus and COW |
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DPA |
Third Read |
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X |
As Passed the House |
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SB 1344 changes the name of Sand and Gravel Operations to Aggregate Mining Operations and requires new or major modifications to these operations to obtain a Community Notice Approval from the State Mine Inspector. Requires notification to be provided to residential property owners within one-half mile of the operation and outlines public meeting requirements. Describes the method to establish an Aggregate Mining Operations Zoning District. Authorizes the State Mine Inspector to enforce the provisions of the Community Notice. Requires the State Mine Inspector to establish the fee by rule and provides an exemption from the rule making process until July 1, 2003.
Currently, county ordinances may not restrict or regulate land use for railroad, mining (including sand and gravel operations), metallurgical, grazing or general agricultural purposes if the land tract is five or more commercial acres. This exempts sand and gravel operations from county planning and zoning ordinances, including the public hearing requirements required for changes in land use.
However, a county may regulate sand and gravel operations located within a Sand and Gravel Operations Zoning District. This Zoning District may be established by the county Board of Supervisors pursuant to the recommendations of a Sand and Gravel Operations Recommendation Committee, which is appointed by the Board of Supervisors and is made up of an equal number of land owners and sand and gravel operators.
Maricopa County is the only county to date to appoint a Sand and Gravel Operations Recommendation Committee. The Maricopa County committee was appointed in 1989, but disbanded in 1996 without forwarding any recommendations to the county. Thus, to date, no county has established a Sand and Gravel Operations Zoning District.
· Current law allows any county to create a Sand and Gravel Operations Zoning District and adopt standards to address dust control, height regulations, setbacks, hours of operation, parking, screening, noise, air pollution control and roadway access. SB 1344 modifies the current procedure as follows:
1. Requires a county with a population of more than two million persons to establish an Aggregate Mining Operations Zoning District (District) if requested to do so by at least 100 residents who live within one-half mile of an existing aggregate mining operation. Other counties may establish a District on the Board of Supervisor’s initiative.
2. Requires District standards to be developed jointly by the Board of Supervisors and the State Mine Inspector.
3. Provides that District standards may be adopted only for those standards not already established by federal, state or local regulation or established by a governmental contractual obligation. Standards may not duplicate, conflict with or be more stringent than federal, state or local laws.
· Modifies qualifications for membership on the Aggregate Mining Operations Recommendation Committee (Committee) to allow an aggregate mining operator to serve on more than one Committee in the same county; clarifies that a property owner on the Committee may not be employed by a mining operator or represent a mining operator; and a member who no longer qualifies for membership shall be removed and replaced by the Board of Supervisors.
· Requires that, within 90 days of the formation of the Committee, a notice be sent to all existing aggregate mining operators in the District.
· Requires the Committee to:
1. make recommendations to the Board of Supervisors for Aggregate Mining Zoning Districts and administrative regulations;
2. serve as a forum for mediation of disputes;
3. hear written complaints filed with the State Mine Inspector regarding deviations from approved Community Notices for aggregate mining operations; and
4. comply with open meeting laws.
· Defines aggregate to mean: “cinders, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand.”
· Defines aggregate mining to mean “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. Aggregate mining includes an operation that mixes or recycles rock, sand, gravel or similar aggregate materials with water and cement or with asphalt. Aggregate mining does not include surveying, seismic work, exploration or maintenance activities that create a de minimis land disturbance.”
· Requires new and existing aggregate mining operations to obtain a Community Notice Approval from the State Mine Inspector in order to operate the business.
· Requires the application for Community Notice Approval to include:
1. location and size of the mine;
2. a description of the mining activities;
3. the type of equipment to be used;
4. when operations will begin;
5. access routes;
6. the name of the owner or operator and the designated community representative for the mining operation; and
7. measures to moderate any adverse effects on nearby residential property owners.
· Prohibits an aggregate mining operation from undertaking a major modification until approval is received from the State Mine Inspector.
· Defines major modification to mean any of the following:
1. an increase of more than 20 acres from the current mining operation;
2. a new and significant type of aggregate mining that has never been conducted at the site; or
3. substantive changes to an approved Community Notice in regard to:
- mining activities
- type of major equipment
- access routes to and from the site
- normal operating hours
- measures used to moderate adverse physical effects on residential property owners who are within one-half mile of the operation.
· Allows a joint application to be filed by an owner or operator and property lessees.
· Requires the State Mine Inspector to establish the fee by rule and provides an exemption from the rule making process until July 1, 2003.
· Establishes the Aggregate Community Notice Fund and deposits the application fee into the fund. Monies are to be used to process Community Notice applications and to conduct public meetings. Monies in the fund are continuously appropriated, exempt from lapsing and interest earned shall be credited to the fund.
· Requires a copy of the application for Community Notice Approval to be provided by certified mail to:
1. owners of residential property within a one-half mile radius of the aggregate mining operation;
2. the Aggregate Mining Operations Recommendation Committee for the district where the operation is located; and
3. to the Central Arizona Water Conservation District, if the operation is located in Maricopa, Pima or Pinal County.
· Requires the State Mine Inspector to conduct a public meeting if there is sufficient public interest by persons who received the notice. The meeting shall be conducted within 45 days of the notice and the State Mine Inspector is required to give at least 15 days notice to the residential property owners who requested the public meeting and to the Secretary of State.
· Allows a property owner who cannot attend the meeting to submit written comments, which shall be considered along with comments from those persons attending the meeting.
· Requires the State Mine Inspector to approve a Community Notice if all the following conditions are met:
1. all information required for the application to be considered complete has been provided;
2. the fee has been paid;
3. residential property owners within one-half mile have been notified;
4. if a public meeting is held, the designated community representative attends and responds to questions.
· Requires owners or operators of an aggregate mining operation that already exists before a District is created to obtain a Community Notice Approval, but exempts the that operation from the fee and public meeting requirements.
· Allows a residential property owner who resides within a half-mile of the operation to file a written complaint with the designated community representative if an operation has deviated from the approved Community Notice. The complaint must specify the provision that is in question and the nature of the material deviation. If the operation does not address the complaint to the satisfaction of the residential property owner within 30 days, the same complaint may be filed with the State Mine Inspector. If a county Aggregate Mining Operations Recommendation Committee exists, that group will conduct the hearing.
· Authorizes the State Mine Inspector to inspect any aggregate mining operation to determine compliance with an approved Community Notice.
· If the Inspector determines a violation has occurred, he may issue a compliance order. The Attorney General may enforce the order if requested by the Inspector. The Inspector is authorized to suspend, withdraw or revoke a Community Notice approval. A temporary restraining order or injunction may be requested from the Attorney General.
· Makes technical and conforming changes.
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45th Legislature
Second Regular Session 3 May 3, 2002
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