ARIZONA STATE SENATE
Phoenix, Arizona
sand and gravel; mine
inspector
Expands the ability of a
county board of supervisors to establish a sand and gravel operations zoning
district and establishes a process for the siting or expansion of a sand and
gravel operation under the State Mine Inspector’s authority.
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 in a sand and gravel operations zoning
district. This zoning district may be
established by the county board of supervisors (board) pursuant to the recommendations
of a sand and gravel operations recommendation committee (committee). This committee is appointed by the board and
is made up of an even number of landowners and sand and gravel operators.
To date, Maricopa County is
the only county that has established a sand and gravel operations
recommendation committee. The Maricopa
County committee was appointed in 1989, but disbanded in 1996 without
forwarding recommendations to the board.
Under current statute, the board is prohibited from modifying committee
recommendations or establishing a sand and gravel operations zoning district
without recommendations from the committee.
S.B. 1281 authorizes the
board to establish sand and gravel operations zoning districts without
recommendation from the committee and establishes a public notification process
for the siting or expansion of sand and gravel operations through the committee
and State Mine Inspector’s office. S.B.
1281 also changes the membership of the committee.
The fiscal impact of this
bill upon the state general fund is unknown.
1. Allows counties to adopt a sand and gravel zoning operations zoning district without recommendations from the sand and gravel operations recommendation committee (committee).
2. Changes the membership of the county sand and gravel operations recommendation committee to consist of:
a)
Three
sand and gravel operation owners.
b)
Three
homeowners.
c)
One
county environmental services representative.
d)
One
city or regional council of governments representative.
e)
One
member of the county planning and zoning commission.
3. Requires the committee to comply with open meeting laws.
4. Requires the committee to consider local land uses, traffic patterns, the proximity of other sand and gravel operations and local property owner concerns in recommendations to the board for a sand and gravel operations zoning district or administrative regulations.
5. Requires the committee to receive comments from the public regarding current and planned sand and gravel operations. Requires the committee to report to the State Mine Inspector and request that the Inspector take enforcement actions against any sand and gravel operator who violates county regulations.
6. Requires the committee to mediate disputes between members of the public and sand and gravel operators. Requires the committee to forward unresolved disputes to the Mine Inspector for further action.
7. Requires a sand and gravel operator to submit a detailed site plan to the Mine Inspector and the owner of each parcel of property adjacent to the site of the operation at least 90 days before opening or expanding the operation. At the Mine Inspector’s request, the operator must additionally provide notice to the owners or occupants of all property within one-half mile of the operation.
8. Requires the committee to hold at least two public meetings at least 30 days before the operation is opened or expanded. The public meetings must be held in the vicinity of the proposed or expanded operation and all members of the public may present oral or written comments. The meeting must be posted in at least five public locations within one-half mile of the site.
9. Requires the sand and gravel operator to respond to each public complaint or concern expressed at the meeting by appropriate revision to the site plan. Allows the public to appeal to the committee if the operator fails to adequately address their complaints.
10. Requires the committee to consider appeals regarding site plans within ten days of receiving the appeal. Requires the committee to submit recommendations to the Mine Inspector and allows the Mine Inspector to order the operator to take specific actions necessary to address the appeal.
11. Allows the Mine Inspector to require a sand and gravel operator to appear at an administrative hearing if the operator fails to comply with an order.
12. Allows the Mine Inspector to apply for a temporary restraining order or temporary or permanent injunction from the superior court if an operator continues in violation of a final decision by the Mine Inspector. Clarifies that a decision by the Mine Inspector to seek injunctive relief does not preclude other forms of relief or enforcement.
13. Allows a sand and gravel operator to appeal administrative hearing decisions to superior court.
14. Makes technical and conforming changes.
15. Provides for a general effective date.
Prepared by Senate Staff
February 19, 2002