Arizona Admin. Code Title 11 | Arizona Administrative Code, Title 11 — Mines

Chapter 1 STATE MINE INSPECTOR

Article 22 CYANIDE LEACH OPERATIONS

Ariz. Admin. Code tit. 11, ch. 1, art. 22, app A Cyanide Spill Release Form

OFFICE OF STATE MINE INSPECTOR

1700 West Washington, Suite 403

Phoenix, Arizona 85007 (602) 542-5971

CYANIDE SPILL RELEASE FORM

STATE ID# ______________________________ MSHA ID# ________________________________________________

COMPANY

__________________________________________________________________________________________________

MAIL ADDR. __________________________________________________________________________________________________

CITY ___________________________________ STATE ______________________________ ZIP __________________

MINE/PLANT NAME __________________________________________________________________________________________________

LOCATION - RANGE _______________________ TOWNSHIP _______________________ SECTION _____________

________________________________________ ___________________________________________

DATE SPILL OCCURRED TIME SPILL OCCURRED

________________________________________ ___________________________________________

TIME STATE MINE INSPECTOR'S LOCATION OF SPILL

OFFICE NOTIFIED OF SPILL

________________________________________ ___________________________________________

TYPE OF MINING OPERATION TYPE & BRAND OF CYANIDE

________________________________________ ___________________________________________

WHERE OBTAINED AMOUNT SPILLED

HOW DID SPILL OCCUR? HOW MANY PEOPLE WERE PRESENT AT TIME OF SPILL AND WAS ANYONE INJURED? IF SO, HOW WERE THEY TREATED AND HOW WAS AREA MADE STABLE? ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

PERSON SUBMITTING REPORT _____________________________________________ DATE ___________________

TITLE _________________________________________________________ PHONE # ___________________________

History

Adopted effective July 6, 1993 (Supp. 93-3).

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R11-1-101 Mine Inspector and Deputies, Qualifications and Duties

See A.R.S. §§ 27-121 through 27-127 inclusive, 27-141, and 27-461 through 27-468 inclusive.

History

Former Rule Section 1.

Ariz. Admin. Code § R11-1-102 Reserved

Ariz. Admin. Code § R11-1-103 Reserved

Ariz. Admin. Code § R11-1-104 Reserved

Ariz. Admin. Code § R11-1-105 Reserved

Ariz. Admin. Code § R11-1-106 Reserved

Ariz. Admin. Code § R11-1-107 Reserved

Ariz. Admin. Code § R11-1-108 Reserved

Ariz. Admin. Code § R11-1-109 Reserved

Ariz. Admin. Code § R11-1-110 Reserved

Ariz. Admin. Code § R11-1-111 Reserved

Ariz. Admin. Code § R11-1-112 Reserved

Ariz. Admin. Code § R11-1-113 Reserved

Ariz. Admin. Code § R11-1-114 Reserved

Ariz. Admin. Code § R11-1-115 Reserved

Ariz. Admin. Code § R11-1-116 Reserved

Ariz. Admin. Code § R11-1-117 Reserved

Ariz. Admin. Code § R11-1-118 Reserved

Ariz. Admin. Code § R11-1-119 Reserved

Ariz. Admin. Code § R11-1-120 Reserved

Ariz. Admin. Code § R11-1-121 Definitions

In these rules, unless the context otherwise requires, the following definitions apply:

1. "Acid plant" means any operation that manufactures sulfuric acid.

2. "Adequate" means sufficient, safe, reasonable and feasible for intended use.

3. "American Conference of Governmental Industrial Hygienists" means the "Documentation of the Threshold Limit Values for Substances in Workroom Air," third edition, adopted by ACGIH for 1971, and Supplements for those Substances Added or Changed Year 1978 (V), pages 453 through 476.

4. "American National Standard Specification for Sound Level Meters" means ANSI Standard 1.4-1971 (R1976), approved April 27, 1971.

5. "American National Standard Practices for Respiratory Protection" means ANSI Standard Z88.2-1969, approved August 11, 1969.

6. "American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks" means ANSI Standard A17.1-1978 and ANSI 17.1a-1979, approved February 15, 1979.

7. "American Table of Distances" means the April 1977 edition of "The American Table of Distances for Storage of Explosives" published by the Institute of Makers of Explosives.

8. "Approved" means tested and accepted for a specific purpose by a nationally recognized agency.

9. "Authorized person" means a person approved or assigned by mine management to perform a specific type of duty or duties or to be at specific location or locations in the mine.

10. "Competent person" means a person having abilities and experience to qualify him to perform the duty to which he is assigned.

11. "Compressed air receivers" means any vessels of 100 cubic foot capacity or more which are used for the purpose of receiving and holding compressed air.

12. "Conveyance" means an elevator, dumbwaiter, escalator, moving walk, manlift, personnel hoist, material hoist, stage lift, and special purpose personnel elevator located at mines.

13. "Dam" means any artificial barrier, including appurtenant works, for the purpose of controlling liquid borne material.

14. "Flammable" means capable of being easily ignited and of burning rapidly.

15. "Flammable liquid" means a liquid having a flash point below 100° F and having a vapor pressure not exceeding 40 P.S.I. (absolute) at 100° F.

16. "Imminent danger" means any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Article.

17. "Leaching" means vat leaching, dump leaching and leaching of ore in place.

18. "National Electrical Code" refers to the code as adopted by the National Fire Protection Association and the American National Standard Institute as NFPA 70-1978 (ANSI).

19. "National Electrical Safety Code" means ANSI Standard C2-1977 Edition.

20. "Powder chest" means a substantial, nonconductive portable container equipped with a lid and used at blasting sites for explosives other than blasting agents.

21. "Suitable" means that which fits and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.

22. "Working level (WL)" means any combination of the short-lived radon daughters in one liter of air that will result in ultimate emission of 1.3 x 105 MeV (million electron volts) of potential alpha energy, and exposure to these radon daughters over a period of time is expressed in terms of "working level months" (WLM). Inhalation of air containing a radon daughter concentration of 1 WL for 173 hours results in an exposure of 1 WLM.

23. "Working place" means any place in or about a mine where work is being performed.

History

Former Rule 1:21; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-122 Reserved

Ariz. Admin. Code § R11-1-123 Reserved

Ariz. Admin. Code § R11-1-124 Reserved

Ariz. Admin. Code § R11-1-125 Reserved

Ariz. Admin. Code § R11-1-126 Reserved

Ariz. Admin. Code § R11-1-127 Reserved

Ariz. Admin. Code § R11-1-128 Reserved

Ariz. Admin. Code § R11-1-129 Reserved

Ariz. Admin. Code § R11-1-130 Error or Omission in These Rules and Regulations

No error or omission in these rules and regulations shall be construed as permitting any unsafe, unhealthy or unsanitary condition to exist.

History

Former Section R11-1-1902 renumbered as Section R11-1-130 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-131 General Provisions

The provisions of Title 27, Chapter 3, Arizona Revised Statutes, are applicable to and will be enforced in all operations subject to the jurisdiction of the State Mine Inspector unless the type of operations specifically designated in a particular statute or is exempted from a particular statute by its terms, or unless a particular statute or statutes are inapplicable to certain types of operations.

History

Former Rule 1:31.

Ariz. Admin. Code § R11-1-132 Application of Rules

These rules are applicable to and will be enforced in all operations subject to the jurisdiction of the State Mine Inspector unless the terms of the rule or the heading of the Section indicates that a rule or rules will apply only to certain types of operations.

History

Former Rule 1:32.

Ariz. Admin. Code § R11-1-133 Potable Water

Potable water shall be available to all employees during working hours.

History

Former Rule 1:33.

Ariz. Admin. Code § R11-1-134 Employee Responsibility for Equipment

Employees operating equipment are responsible for the safe and proper operation of the equipment they use.

History

Former Rule 1:34.

Ariz. Admin. Code § R11-1-135 Report Unsafe Conditions

It is the responsibility of each employee to report to his supervisor any unsafe condition he may see which can cause injury or damage property.

History

Former Rule 1:35.

Ariz. Admin. Code § R11-1-136 Reporting of Accidents and Injuries

A. Where, in or about a mining operation, an accident occurs, it shall be reported promptly to supervisor in charge.

B. The State Mine Inspector's office shall be immediately notified of:

1. Any accident or injury to an individual resulting in death, or which has reasonable potential to cause death; and/or

2. An entrapment of an individual for more than 30 minutes; and/or

3. An unplanned inundation of a mine by a liquid or gas; and/or

4. An unplanned ignition of a blasting agent or explosive.

C. The State Mine Inspector's office shall be notified within ten days of any accident or injury to an individual that, in the opinion of the attending physician, may result in the injured person being incapacitated for regular work for at least one day beyond the day of injury.

History

Former Rule 1:36; Amended effective April 7, 1976 (Supp. 76-2). Former Section R11-1-136 repealed, new Section R11-1-136 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-137 [REPEALED]

History

Former Rule 1:37; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-138 Warnings from Unusual Hazards

Warning signs and/or lights, ropes and temporary guards shall be placed in order to give adequate warning from all unusual hazards.

History

Former Rule 1:38.

Ariz. Admin. Code § R11-1-139 Sufficient Illumination

Illumination sufficient to provide safe working conditions shall be provided in and on all working places. Individual electric lamps shall be carried for illumination by all persons underground.

History

Former Rule 1:39.

Ariz. Admin. Code § R11-1-140 Good Housekeeping

Passageways, work places, service rooms and storage areas shall be kept clean, orderly and in a safe condition.

History

Former Rule 1:40; Former Section R11-1-140 repealed, new Section R11-1-140 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-141 New Employees

New employees shall be indoctrinated in safety rules and safe work procedures.

History

Former Rule 1:41.

Ariz. Admin. Code § R11-1-142 Emergency Telephone Numbers

Emergency telephone numbers shall be posted at appropriate telephones.

History

Former Rule 1:42.

Ariz. Admin. Code § R11-1-143 Conditions for Employees Working Alone

No employee shall be assigned or allowed or be required to perform work alone in any area where hazardous conditions exist that would endanger his safety unless he can communicate with others, can be heard, or can be seen.

History

Former Rule 1:43.

Ariz. Admin. Code § R11-1-144 Records of Men Working below Surface

Each operator of an underground mine shall establish a check-in and check-out system which shall provide an accurate record of persons in the mine. These records shall be kept on the surface in a place chosen to minimize the danger of destruction by fire or other hazards. Every person underground shall carry a positive means of being identified.

History

Former Rule 1:44.

Ariz. Admin. Code § R11-1-145 Injured Persons

Arrangements shall be made in advance for obtaining emergency medical assistance and transportation for injured persons.

History

Former Rule 1:45.

Ariz. Admin. Code § R11-1-146 Instruction of Employees

All employees shall be instructed at least once each calendar year on fire alarm signals and applicable procedures to be followed in case of fire or other emergency. Records of instruction shall be kept for two years.

History

Former Rule 1:46.

Ariz. Admin. Code § R11-1-147 Training in First Aid

All supervisors shall be trained in first aid. First-aid training shall be made available to all interested employees.

History

Former Rule 1:47.

Ariz. Admin. Code § R11-1-148 Overcrowding Facilities

Facilities used to transport persons to and from work areas shall not be overcrowded.

History

Former Section R11-1-1151 renumbered and amended as Section R11-1-148 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-149 Safe Means of Access

Safe means of access shall be provided and maintained to all working places.

History

Former Section R11-1-1220 renumbered and amended as Section R11-1-149 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-150 Toilet Facilities

A. Toilet facilities shall be provided at locations that are compatible with the mine operations and that are readily accessible to mine personnel.

B. The facilities shall be kept clean and sanitary. Separate toilet facilities shall be provided for each sex except where toilet rooms will be occupied by no more than one person at a time and can be locked from the inside.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-151 Mine Employment Quarterly Report

A. Each mining operation shall submit a Mine Employment Quarterly Report to the State Mine Inspector's office within 15 days after the end of each calendar quarter.

B. Report will include the following information:

1. Operation name and county.

2. Operating company name and address.

3. Name and phone number of person submitting report.

4. Number of reportable injuries or illnesses during the quarter.

5. For each operation sub-unit:

a. Average number of persons working.

b. Total employee-hours worked.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-152 Rehearing or Review of Decision

A. Except as provided in subsection (G), any party in a contested case before the Office of State Mine Inspector who is aggrieved by a decision rendered in such case may file with the Office of State Mine Inspector, not later than ten days after service of the decision, a written motion for rehearing or review of the decision specifying the particular grounds therefor. For purposes of this subsection, a decision shall be deemed to have been served when personally delivered or mailed by certified mail to the party at his last known residence or place of business.

B. A motion for rehearing under this rule may be amended at any time before it is ruled upon by the Office of State Mine Inspector. A response may be filed within ten days after service of such motion or amended motion by any other party. The Office of State Mine Inspector may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.

C. A rehearing or review of the decision may be granted for any of the following causes materially affecting the moving party's rights:

1. Irregularity in the administrative proceedings of the agency or its hearing officer or the prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing;

Misconduct of the Office of State Mine Inspector or its hearing officer or the prevailing party;

3. Accident or surprise which could not have been prevented by ordinary prudence;

4. Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original hearing;

5. Excessive or insufficient penalties;

6. Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing;

7. That the decision is not justified by the evidence or is contrary to law.

D. The Office of State Mine Inspector may affirm or modify the decision or grant a rehearing to all or any of the parties and on all or part of the issues for any of the reasons set forth in subsection (C). An order granting a rehearing shall specify with particularity the ground or grounds on which the rehearing is granted, and the rehearing shall cover only those matters so specified.

E. Not later than ten days after a decision is rendered, the Office of State Mine Inspector may on its own initiative order a rehearing or review of its decision for any reason for which it might have granted a rehearing on motion of a party. After giving the parties or their counsel notice and an opportunity to be heard on the matter, the Office of State Mine Inspector may grant a motion for rehearing for a reason not stated in the motion. In either case the order granting such a rehearing shall specify the ground therefor.

F. When a motion for rehearing is based upon affidavits, they shall be served with the motion. An opposing party may within ten days after such service serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days by the Office of State Mine Inspector for good cause shown or by written stipulation of the parties. Reply affidavits may be permitted.

G. If in a particular decision the Office of State Mine Inspector makes specific findings that the immediate effectiveness of such decision is necessary for the immediate preservation of the public peace, health and safety and that a rehearing or review of the decision is impracticable, unnecessary or contrary to the public interest, the decision may be issued as a final decision without an opportunity for rehearing or review. If a decision is issued as a final decision without an opportunity for rehearing, any application for judicial review of the decision shall be made within the time limits permitted for applications for judicial review of the Office of State Mine Inspector's final decisions.

H. For purposes of this Section the terms "contested case" and "party" shall be defined as provided in A.R.S. § 41-1001.

I. To the extent that the provisions of this rule are in conflict with the provisions of any statute providing for rehearing of decisions of the Office of State Mine Inspector, such statutory provisions shall govern.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Article 2 EXPLOSIVES AND BLASTING

Ariz. Admin. Code § R11-1-211 Smoking, Matches, Open Flames Prohibited in Specified Areas

Smoking, matches, open flames, spark-producing devices and carrying of firearms or ammunition shall be prohibited in or within 50 feet of the following areas:

1. Explosive and blasting supply magazines.

Blasting agent and oxidizer storage sites.

3. Blasting agent mixing plants (fixed or mobile).

4. Vehicles transporting explosives, blasting agents or oxidizers.

5. Blasting sites, except for approved means of firing blasts.

History

Former Rule 2:11.

Ariz. Admin. Code § R11-1-212 Transporting Explosives

No persons shall drive, load, or unload a vehicle transporting explosives, blasting agents, or oxidizers in a careless or reckless manner.

History

Former Rule 2:12.

Ariz. Admin. Code § R11-1-213 Precautions Governing Use, Transportation and Handling

The precautions, rules and regulations governing the use, transportation and handling of explosives shall apply to all blasting agents except as otherwise expressly provided herein.

History

Former Rule 2:13.

Ariz. Admin. Code § R11-1-214 Repair of Vehicles Containing Explosives

Vehicles containing explosives or detonators shall not be taken to a repair garage or shop for any purpose.

History

Former Rule 2:14.

Ariz. Admin. Code § R11-1-215 Unattended Vehicles Containing Detonators or Other Explosives

Vehicles containing detonators or explosives, other than blasting agents, shall not be left unattended except in blasting areas where loading or charging is in progress.

History

Former Rule 2:15.

Ariz. Admin. Code § R11-1-216 Notification to Men Responsible for Operating Hoists and Cagers

Men responsible for operating the hoist and cagers shall be notified whenever explosives or detonators are being transported in a shaft conveyance.

History

Former Rule 2:16.

Ariz. Admin. Code § R11-1-217 Hoisting Stopped

Hoisting in adjacent shaft compartments shall be stopped when explosives or detonators are being handled.

History

Former Rule 2:17.

Ariz. Admin. Code § R11-1-218 Reserved

Ariz. Admin. Code § R11-1-219 Reserved

Ariz. Admin. Code § R11-1-220 Reserved

Ariz. Admin. Code § R11-1-221 Definitions - Explosives

A. "Blasting agent": Shall mean any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, and of which none of the ingredients are classified as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated when unconfined by means of a No. 8 test blasting cap. This test should be conducted at a temperature range between 70° and 75° F.

Note 1. A No. 8 test blasting cap is one containing two grams of a mixture of 80% mercury fulminate and 20% potassium chlorate, or a cap of equivalent strength.

Note 2. Nitro carbo nitrate. This term applies to any blasting agent which has been classified as nitro carbo nitrate under the Department of Transportation regulations, and which is packaged and shipped in compliance with the regulations of the Department of Transportation.

B. "Explosives": The term "explosive" or "explosives" shall mean any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion, i.e., with substantially instantaneous release of gas and heat, unless such compound, mixture or device is otherwise specifically classified by the Department of Transportation. The term "explosives" shall include all material which is classified as Class A, Class B, and Class C explosives by the Department of Transportation.

Note 1. Classification of explosives by the United States Department of Transportation is as follows:

1. "Class A explosives": Possessing detonating hazards; such as dynamite, nitroglycerin, TNT, black powder blasting caps and cast detonating primers and boosters.

2. "Class B explosives": Possessing flammable hazard; such as propellant explosives, including some smokeless propellants.

3. "Class C explosives": Includes certain types of manufactured articles which contain Class A or Class B explosives, or both, as components but in restricted quantities.

4. "Fuel": A fuel is a substance which may react with the oxygen in the air or with the oxygen yield by an oxidizer to produce combustion.

5. "Magazine": Shall mean any building or structure, other than an explosives manufacturing building, approved for the storage of explosives.

"Oxidizer": An oxidizer is a substance such as a nitrate that yields oxygen readily to stimulate the combustion of organic matter or other fuel.

History

Former Rule 2:21.

Ariz. Admin. Code § R11-1-222 [REPEALED]

History

Former Rule 2:22; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-223 [REPEALED]

History

Former Rule 2:23; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-224 Reserved

Ariz. Admin. Code § R11-1-225 Reserved

Ariz. Admin. Code § R11-1-226 Reserved

Ariz. Admin. Code § R11-1-227 Reserved

Ariz. Admin. Code § R11-1-228 Reserved

Ariz. Admin. Code § R11-1-229 Reserved

Ariz. Admin. Code § R11-1-230 Reserved

Ariz. Admin. Code § R11-1-231 Storage of Explosives

A. All Class A, Class B, Class C explosives shall be kept in magazines which meet the requirements of this Section. This shall not be construed as applying to fuse lighters, fuse igniters, and safety fuses (slow-burning type containing a core of black powder).

B. Detonators shall not be stored in the same magazine with other explosive materials.

History

Former Rule 2:31; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-232 Classification of Magazines

A. Magazines as required by this Chapter shall be of two classes; namely Class I magazines and Class II magazines.

B. Class I magazines shall be required where the quantity of explosives stored is more than 250 lbs.

C. Class II magazines may be used where the quantity of explosives stored is 250 lbs. or less.

History

Former Rule 2:32.

Ariz. Admin. Code § R11-1-233 Location of Magazines

Magazines shall be detached structures located away from power lines, fuel storage areas, possible sources of fire and from inhabited buildings, public highways, passenger railways and other magazines in conformity with the American Table of Distances for Storage of Explosives as Revised and Approved by The Institute of Makers of Explosives.

History

Former Rule 2:33; Former Section R11-1-233 repealed, new Section R11-1-233 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-234 Construction of Magazines

A. Magazines shall be constructed in conformity with the provisions of this Section or may be of substantially equivalent construction. Magazines for the storage of Class A explosives, other than black powder, shall be reasonably bullet-resistant, weather-resistant, fire-resistant, theft-resistant and ventilated.

B. Magazines shall be posted with warning signs so located that a bullet passing through the face of the sign will not strike the magazine.

C. Ground around magazines shall slope away for drainage. The land surrounding magazines shall be kept clear of brush, dried grass, leaves and other combustible materials for a distance of at least 25 feet, and other unnecessary combustible materials for a distance of not less than 50 feet.

D. Field magazines shall not be provided with heat or artificial lights, except that if artificial lights are necessary, an electric safety flashlight or safety lantern shall be used.

E. Magazines shall not be grounded but have an overhead lightning protective system that is in no way connected to the magazine.

History

Former Rule 2:34; Amended effective April 7, 1976 (Supp. 76-2). Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-235 Construction of Class I Magazines

A. Class I magazines shall be of masonry or wood covered with sheet metal, or of metal construction; or a combination of these types. Hollow masonry units used in construction required to be bullet-resistant shall have all hollow spaces filled with a dry sand/cement mix or well-tamped sand. Wood-constructed walls required to be bullet resistant shall have at least a six-inch space between interior and exterior sheathing and the space between sheathing shall be filled with well-tamped sand or sand/cement mix. Metal wall construction, when required to be bullet-resistant, shall be lined with at least a four-inch thickness of brick, masonry, hardwood or sand.

B. Floors and roofs of masonry magazines may be of wood construction. Wood floors shall be tongue-and-grooved lumber having a minimum thickness of 3/4 inch. Roofs required to be bullet-resistant shall be protected by four inches of hardwood or by a sand tray located at line of eaves and covering the entire area except that necessary for ventilation. Sand in the sand tray shall be maintained at a depth of not less than four inches.

C. All wood at the exterior of magazines, excluding eaves, shall be protected by being covered with black or galvanized steel or aluminum metal of thickness of not less than No. 26 gauge. All nails exposed to the interior of magazines shall be well countersunk.

D. Foundations for permanent magazines shall be of substantial construction and arranged to provide good cross ventilation.

E. Magazines shall be ventilated sufficiently to minimize dampness and heating of stored explosives. Ventilation openings shall be screened to prevent the entrance of sparks.

F. Openings to magazines shall be restricted to that necessary for the placement and removal of stocks of explosives. Doors for magazines for Class A explosives shall be bullet-resistant.

G. Magazines shall be provided with two substantial locks, and magazine doors shall be kept locked except during the time of placement and removal of stocks of explosives.

H. Provisions shall be made to prevent the piling of stocks of explosives directly against the walls; such protection, however, shall not interfere with proper ventilation at interior of side and end walls.

I. Full and semi-trailers are acceptable for the storage of explosives when modified to comply with Class I magazine construction.

History

Former Rule 2:35; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-236 Construction of Class Ii Magazines

A. Class II magazines shall be of wood or metal construction or a combination thereof.

B. Wood magazines of this class shall have sides, bottom and cover constructed of two-inch hardwood boards well braced at corners and protected by being entirely covered with sheet metal of not less than No. 20 gauge. All nails exposed to interior of magazine shall be well countersunk. All metal magazines of this class shall have sides, bottom and cover constructed of 12-gauge metal and shall be lined with 3/8-inch plywood or the equivalent. Edges of metal covers shall overlap sides at least one inch.

C. Covers for both wood- and metal-constructed magazines of this class shall be provided with substantial strap hinges and shall be provided with substantial means of locking. Covers shall be kept locked except during the placement or removal of explosives. Second class magazines, containing explosives, left at locations where no one is in attendance, shall be adequately secured to prevent theft; or the explosives shall be removed from the magazine when unattended.

D. Magazines of this class shall be painted red and shall bear lettering in white, on all sides and top, at least three inches high, "Explosives -- Keep Fire Away". Where necessary due to climatic conditions, Class II magazines shall be ventilated.

E. Underground detonator-storage magazines shall be of the same construction as explosives-storage magazines and shall be separated by at least 25 feet from explosive-storage magazines.

History

Former Rule 2:36; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-237 Storage within Magazines

A. Containers of explosives shall be laid flat with top side up. Corresponding grades and brands shall be stored together in such a manner that brand and grade marks show. All stocks shall be stored so as to be easily counted and checked. Containers of explosives shall be piled in a stable manner. When any kind of explosive is removed from a magazine for use, the oldest explosive of that particular kind shall be removed first.

B. Only fiberboard containers of explosives may be opened in a magazine. Opened containers of explosives shall be securely reclosed when stored in a magazine.

C. Tools used for opening containers of explosives shall be constructed of non-sparking materials, except that metal slitters may be used for opening fiberboard containers. A wood wedge and fiber, rubber, or wood mallet shall be used for opening or closing wood containers of explosives.

D. Magazines shall be used for the storage of explosives, blasting agents, and oxidizers only. Metal tools, other than non-sparking transfer conveyors, shall not be stored in a magazine.

E. Magazine floors shall be regularly swept, kept clean, dry, free of grit, paper, empty used packages, and rubbish. Brooms and other cleaning equipment shall not have any spark-producing metal parts. Sweepings from floors of magazines shall be disposed of properly. Stained magazine floors shall be cleaned according to instruction obtained from the explosives manufacturer. When any explosive has deteriorated to an extent that it is in a dangerous condition, or if liquid leaks from any explosive, then the person in possession of such explosive shall destroy such explosive in accordance with the instructions obtained from the manufacturer. Only experienced persons shall direct the work of destroying explosives.

F. When magazines need inside repairs, all explosives shall be removed therefrom and the floors cleaned. In making outside repairs, if there is a possibility of causing sparks or fire, the explosives shall be removed from the magazine. Explosives removed from a magazine under repair shall either be placed in another magazine or placed a safe distance from the magazine where they shall be properly guarded and protected until repairs have been completed, when they shall be returned to the magazine.

G. Ammonium nitrate fuel oil blasting agents shall be physically separated from other explosives, safety fuse, or detonating cord stored in the same magazine, in such a manner that oil does not contaminate the other explosives, safety fuse or detonating cord.

History

Former Rule 2:37.

Ariz. Admin. Code § R11-1-238 Reserved

Ariz. Admin. Code § R11-1-239 Reserved

Ariz. Admin. Code § R11-1-240 Reserved

Ariz. Admin. Code § R11-1-241 Transportation of Explosives - Transportation Vehicles

A. Vehicles used for transporting explosives shall be strong enough to carry the load without difficulty and be in good mechanical condition. All vehicles used for the transportation of explosives shall have tight floors and any exposed spark-producing metal on the inside of the body shall be covered with wood or other non-sparking material to prevent contact with containers of explosives. Vehicles used to transport blasting agents shall have neither zinc nor copper exposed in the cargo space. Containers of explosives shall not be loaded above the sides of an open body vehicle.

B. Motor vehicles transporting explosives shall be marked with appropriate placards or lettering.

C. Motor vehicles transporting explosives must be equipped with not less than two suitable fire extinguishers, each having a rating of at least 10 B:C.

D. Vehicles transporting explosives shall only be driven by and be in charge of a duly licensed driver who is physically fit, careful, capable, reliable and:

1. Able to read and write English.

2. Not addicted to or under the influence of intoxicants or narcotics.

3. Not less than 21 years of age.

4. Familiar with all applicable laws, rules, regulations and policies governing the transportation and handling of explosives.

E. When explosives and detonators are hauled by trolley locomotives, covered, electrically insulated cars shall be used.

F. Explosives and detonators shall be transported in separate vehicles unless separated by four inches of hardwood or the equivalent.

G. When vehicles containing explosives or detonators are parked, the brakes shall be set, the motive power shut off, and the vehicles shall be blocked securely against rolling.

H. Explosives or detonators shall not be transported on mantrips.

I. Substantial nonconductive containers shall be used to carry explosives to blasting sites.

J. Explosives or detonators shall not be transported on locomotives.

History

Former Rule 2:41; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-242 Transportation of Explosives - Miscellaneous

A. No spark-producing metal tools, oils, matches, firearms, ammunition, electric storage batteries, flammable substances, acids, oxidizing materials, or corrosive compounds shall be carried in the body of any motor truck or vehicle transporting explosives unless the loading of such dangerous articles and the explosives comply with Department of Transportation regulations.

B. Unauthorized persons or passengers must not ride on a motor vehicle transporting explosives.

C. Hoisting of ore, muck, or other material in adjacent shaft compartments shall be stopped while explosives are being handled unless the compartment in which the explosives are being handled is adequately separated.

History

Former Rule 2:42.

Ariz. Admin. Code § R11-1-243 Reserved

Ariz. Admin. Code § R11-1-244 Reserved

Ariz. Admin. Code § R11-1-245 Reserved

Ariz. Admin. Code § R11-1-246 Reserved

Ariz. Admin. Code § R11-1-247 Reserved

Ariz. Admin. Code § R11-1-248 Reserved

Ariz. Admin. Code § R11-1-249 Reserved

Ariz. Admin. Code § R11-1-250 Reserved

Ariz. Admin. Code § R11-1-251 Water Gels or Slurry Explosives and Blasting Agents - General Provisions

Unless otherwise set forth in this Section, water gels shall be transported, stored, and used in the same manner as explosives or blasting agents in accordance with the classification of the product.

History

Former Rule 2:51.

Ariz. Admin. Code § R11-1-252 Premixed Water Gels

A. Premixed water gels containing a substance in itself classified as an explosive shall be classified as an explosive and manufactured, transported, stored, and used as specified for explosives in this Code.

B. Premixed water gels containing no substance in itself classified as an explosive and which are cap-sensitive as defined in R11-1-221 under Blasting Agent, shall be classified as an explosive and manufactured, transported, stored, and used as specified for explosives in this Code.

C. Premixed water gels containing no substance in itself classified as an explosive and which are not cap-sensitive as defined in R11-1-221 under Blasting Agent shall be classified as blasting agents and manufactured, transported, stored, and used as specified for blasting agents in this Code.

History

Former Rule 2:52.

Ariz. Admin. Code § R11-1-253 On-site Mixed Water Gels

A. Ingredients for on-site mixed water gells shall be stored as set forth in this Section.

1. Ingredients in themselves classified as Class A or Class B explosives shall be stored in conformity with this Code.

2. Prilled, grained, or granulated ammonium nitrate shall be stored in accordance with R11-1-262 of this Code. If ammonium nitrate is stored in the vicinity of explosives or blasting agents, the separation distances specified in R11-1-262 of this Code shall be observed.

Liquid ammonium nitrate or ammonium nitrate-sodium nitrate solutions shall be stored in tank cars, tank trucks, or permanent tanks. Spills or leaks which may contaminate combustible materials shall be cleaned up immediately.

B. If electric power is used, it may be furnished by cable from an outside source or by a self-contained motor generator. In the case of a self-contained power source, it shall be located at the end of the storage container opposite that at which the blasting agent is discharged. It shall have adequate capacity for the loads to be expected and be equipped with suitable overload protection devices.

C. Electric wiring carrying voltages greater than 12 volts shall be in armored cable or in conduit and, if dry ingredients are employed, the wiring shall conform to the requirements of Class II, Division 2 of the National Electrical Code. The materials protecting the electric wiring must be of such composition that they will not be chemically attacked by the ingredients being processed.

D. Mixing equipment for on-site mixed water gels shall comply with the requirements of this Section:

1. All electric motors, electrically operated proportioning devices, etc., shall be electrically bonded.

2. All electric motors, electrically operated proportioning devices, etc., used for dry ingredients shall conform to the requirements of Class II, Division 2 of the National Electrical Code.

3. The entire loading and mixing equipment shall be cleaned periodically to ensure against accumulations of ingredients.

History

Former Rule 2:53.

Ariz. Admin. Code § R11-1-254 Reserved

Ariz. Admin. Code § R11-1-255 Reserved

Ariz. Admin. Code § R11-1-256 Reserved

Ariz. Admin. Code § R11-1-257 Reserved

Ariz. Admin. Code § R11-1-258 Reserved

Ariz. Admin. Code § R11-1-259 Reserved

Ariz. Admin. Code § R11-1-260 Reserved

Ariz. Admin. Code § R11-1-261 Dry Ammonium Nitrate-fuel Compositions, "mixing Plant"

"Mixing plant" refers to any fixed installation or mobile equipment used in conjunction with a mine, for the processing of various non-explosive materials to produce and/or package a blasting agent for use in a mine.

History

Former Rule 2:61.

Ariz. Admin. Code § R11-1-262 "Mixing plant," located on mine property

A. At each mining operation where field-mixed ammonium nitrate-fuel oil blasting agents are being used, all mixing shall be done under the supervision of competent personnel, duly instructed in the proper mixing of the blasting agent involved.

B. Mixing plants shall conform to the requirements of this Section unless otherwise specifically approved by the Inspector.

C. Mixing plants shall be located, with respect to the inhabited buildings, passenger railroads, and public highways, in accordance with the American Table of Distances. One-half the quantity of unmixed ammonium nitrate shall be included with the quantity of finished product, the total of which shall be considered as explosive, for determining the proper distances.

D. A mixing plant building shall be of noncombustible construction or sheet metal on wood studs.

E. The layout of a mixing plant building shall be such as to provide physical separation between the finished product storage and the mixing and packaging operations.

F. Floors in a mixing plant building shall be of concrete. Concrete floors must have at least one inch of finished cement, Terra Cotta finish, or other material approved by the Inspector. Floors shall be constructed so as to eliminate open floor drains and piping into which molten materials could flow and be confined in case of fire. The floors and equipment of the mixing and packaging room shall be washed down or cleaned when necessary to prevent accumulation of oxidizers or fuels and other sensitizers.

G. Isolated fuel storage shall be provided at fixed plants to avoid contact between molten oxidizer and fuel in case of fire.

H. The mixing plant shall be well ventilated.

I. Heat, if needed, shall be provided exclusively from a unit outside the building.

J. All electric switches, controls, motors, and lights, if located in the mixing or blasting agent storage area, must conform to the requirements of Class II, Division 2, of the most recent edition of the National Electrical Code. The frame of the mixer and all other equipment that may be used must be electrically bonded together and be provided with a continuous path to ground which is separate from the ground provided for power equipment.

K. The design of the mixer shall minimize the possibility of frictional heating, compaction, and especially confinement. All bearings and gears should be mounted outside the mixer and protected against the accumulation of product dust. All surfaces must be accessible for easy cleaning.

L. Mixing and packaging equipment shall be constructed of materials compatible with the ammonium nitrate composition.

M. All discarded empty ammonium nitrate bags and other trash must be disposed of daily by burning outdoors.

N. All sacks or containers used for storage of blasting agents must be properly marked and must show the mixing date.

O. Blasting agents used underground shall be mechanically mixed in order to ensure a homogeneous mixture of the proper composition, but the mixing shall not be done underground.

History

Former Rule 2:62.

Ariz. Admin. Code § R11-1-263 Composition of Blasting Agents

A. No hydrocarbon liquid fuel with a flash point lower than that of No. 2 diesel fuel oil (125°F minimum or legal) shall be used.

B. Crude oil and crankcase oil shall not be used.

C. No unusual compositions of blasting agents or a composition containing an ingredient classed as high explosive shall be attempted in mixing operations. The finished product shall be tested regularly to determine that it falls within the classification "Blasting Agent". Peroxides, chlorates or perchlorates shall not be used under any conditions.

D. If a blasting agent is used underground, its fuel oil content shall range between 5.5% and 6.5% by weight, except where other carbonaceous material is added, in which case a proper oxygen balance shall be maintained.

History

Former Rule 2:63.

Ariz. Admin. Code § R11-1-264 Surface Storage of Materials

A. Unmixed materials:

1. Unmixed ammonium nitrate shall be kept in a clean, well-ventilated building or bin, using good warehouse practice. Floor drains into which molten nitrate could run during a fire should be eliminated. Bagged ammonium nitrate shall not be stacked close to any source of heat which might ignite the combustible material of the bags. Bulk ammonium nitrate shall be stored in clean, dry bins. When stored in warehouses, it shall be stored on dry, clean floors which are of noncombustible construction which is protected against impregnation with ammonium nitrate. Warehouses or other storage facilities shall have adequate ventilation or be of construction that will be self- ventilating to permit escape of products of decomposition and heat in the event of fire.

2. Ammonium nitrate shall not be stored with or near flammable liquids, corrosive acid, chlorates, nitrates, permanganates, sulphur, or finely divided metals.

3. When unmixed ammonium nitrate is stored with blasting agents or high explosives in a high-explosive magazine, one-half the quantity of unmixed ammonium nitrate shall be taken into consideration in computing the total quantity in warehouse or magazine for compliance with the American Table of Distances.

Spilled ammonium nitrate shall be cleaned up promptly and removed safely.

5. Dynamite or other explosives shall not be used to break up caked ammonium nitrate.

6. Fuses and igniters shall be stored in a cool, dry place away from oils or grease.

B. Mixed materials (without explosives):

1. Permanent storage of blasting agents shall be in a fire- and weather-resistant, well-ventilated, magazine or warehouse. Temporary storage may be in vans, truck trailers, railroad cars, etc.

2. The location of magazine or warehouse shall comply with the American Table of Distances.

3. Interior of storage buildings shall be kept clean and be maintained in good housekeeping order.

4. Blasting agents shall not be stored with flammable liquids, corrosive acids, chlorates, nitrates, permanganates, sulphur or finely divided metals.

C. Mixed materials (with explosives): All rules and regulations that apply to the storage of explosives shall apply to the storage of blasting agents when stored with explosives.

History

Former Rule 2:64.

Ariz. Admin. Code § R11-1-265 Loading of Blasting Agents

General:

1. All fittings used in the construction of the hopper and pickup equipment and hose connections of loading equipment must be constructed of materials compatible with the ammonium nitrate composition.

2. Blasting agents shall not be blown into boreholes that contain electrically nonconductive liners, even if the primer is not inserted until after the blowing has been completed.

3. Primers which contain a blasting cap, electric blasting cap or delay electric blasting cap shall not be handled by persons who have previously been operating pneumatic loading devices unless that person has grounded himself to bleed off any static charges.

4. Loading in boreholes containing electric blasting caps, delay electric blasting caps, or blasting caps:

a. All pneumatic and air-pressure equipment used for loading blasting agents must be adequately grounded to dissipate static electric charges that may cause premature initiation of the detonator. The machine or hopper, discharge hose, fittings, discharge tube, and loading tube must form a continuous electrically conductive path to a ground. The system ground conductor and loading tube shall have a resistance high enough to prevent hazards from stray currents, yet low enough to adequately maintain static electricity energy below hazardous levels.

b. Water lines, air lines, fan lines, rails, or the permanent grounding system shall not be used as a ground for pneumatic loading equipment.

c. Loading equipment mounted on a car and rails must be thoroughly insulated from the car and rails and grounded by a separate, static-dissipating ground.

d. When loading over electric blasting cap wires, contact between any metal parts of the loader and cap leg wires shall be avoided.

e. Metal or other low electrical resistance loading tubes shall not be used.

f. All loading equipment must be removed from the area before leg wire shunts are removed and the loaded holes are tied in for blasting.

g. Ventilation -- When ammonium nitrate blasting agents are used, Section 27-411 of the Arizona Mining Code shall apply.

History

Former Rule 2:65.

Ariz. Admin. Code § R11-1-266 Reserved

Ariz. Admin. Code § R11-1-267 Reserved

Ariz. Admin. Code § R11-1-268 Reserved

Ariz. Admin. Code § R11-1-269 Reserved

Ariz. Admin. Code § R11-1-270 Reserved

Ariz. Admin. Code § R11-1-271 Use of Explosives and Blasting Agents, General Provisions

A. The handling of explosives may be performed by the person designated to use explosives or by other employees under his direct supervision provided that such employees are at least 18 years of age. Persons who use or handle explosives or detonators shall be experienced men who understand the hazards involved; trainees shall do such work only under the supervision of and in the immediate presence of experienced men. Blasting operations shall be under the direct control of authorized persons.

B. Containers of an approved type shall be used for taking detonators and other explosives from storage magazines to the blasting area.

C. Persons authorized to prepare explosive charges or conduct blasting operations shall use every reasonable precaution, including but not limited to warning signals, flags, barricades or blasting mats to ensure the safety of mine personnel.

D. Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radio transmitters, lightning, dust storms, or other sources of extraneous electricity. All surface, shaft sinking, and tunneling blasting operations shall be suspended and persons removed from blasting area during the ominous approach and progress of an electrical storm, when electric detonators are used.

E. Empty containers and paper and fiber packing materials which have previously contained high explosives shall not be used again for any purpose but shall be destroyed by burning out-of-doors, and no person shall be nearer than 100 feet after the burning has started.

F. Explosives, blasting supplies, or blasting accessories that are obviously deteriorated or damaged shall be destroyed in a safe manner under the instructions of the explosives or blasting agent manufacturer or its designated agent.

G. Explosives or blasting supplies shall not be abandoned. While temporarily unattended, they shall be marked with red flags or some other suitable means of warning persons.

H. Capped primers shall be made up at the time of charging and as close to the blasting site as conditions allow.

I. Fuses shall be cut and capped in safe, dry locations posted with "No Smoking" signs.

J. Fuse shall not be ignited before the primer and the entire charge are securely in place.

K. If any part of a blast is connected in parallel and is to be initiated from powerlines or lighting circuits, the time of current flow shall be limited to a maximum of 25 milliseconds by incorporating a control device in the blasting circuit or by interrupting the circuit with an explosive charge attached to one or both lead lines and initiated by a zero-delay electric blasting cap.

L. Black blasting powder should not be used for blasting except when a desired result cannot be obtained with another type of explosive such as in quarrying certain types of dimension stone.

M. Explosives shall be kept separate from detonators until charging is started.

N. Electric circuits from the blasting switches to the blast area shall not be grounded.

O. Lead wires and blasting lines shall not be strung across power conductors, pipelines, railroad tracks, or within 20 feet of bare powerlines. They shall be protected from sources of static or other electrical contact.

History

Former Rule 2:71; Amended effective April 7, 1976 (Supp. 76-2). Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-272 Loading of Explosives (Blasting)

A. All drill holes shall be sufficiently large to admit freely the insertion of the cartridges of explosives.

B. Drilling shall not be started until all butts (bootlegs) of old holes are examined. Wash down the face and wash out the butts (bootlegs). If any misfires are found they shall be handled only by, or under the direction of, a competent and experienced person.

C. No person shall be allowed to deepen drill holes which have contained explosives.

D. After loading for a blast is completed, all excess explosives and detonators shall be returned immediately to their separate storage magazines.

E. Double priming with fuse in a drill hole is prohibited.

F. No tamping shall be done directly on a capped primer.

G. Holes shall not be collared in bootlegs.

H. Holes to be blasted shall be charged as near to blasting time as practical and such holes shall be blasted as soon as possible after charging has been completed. In no case shall the time elapsing between completion of charging to the time of blasting exceed 72 hours unless prior approval has been obtained from the State Mine Inspector.

History

Former Rule 2:72.

Ariz. Admin. Code § R11-1-273 Initiating Blasts

A. When fuse is used, the blast cap shall be securely attached to the safety fuse with a standard ring-type (or other approved) cap crimper.

B. No primers shall be assembled or fuse capped closer than 50 feet from any magazine.

C. Only wooden or non-sparking tools shall be used for making holes in a cartridge of explosives.

D. Explosives shall not be extracted from a hole that has once been charged or has misfired unless it is impossible to detonate the unexploded charge by insertion of a fresh additional primer.

E. If there are any misfires while using cap and fuse, all persons shall remain away from the charge for at least one hour. On electrical misfires, all persons shall remain away from the charge for at least 15 minutes. Electrical misfires shall be handled under the direction of the person in charge of the blasting and all wires shall be carefully traced and search made for unexploded charges.

F. Blasters, when testing circuits to charged holes, shall use only blasting galvanometers designed for this purpose.

G. Only the man who makes the leading wire connections in electrical firing shall fire the shot. All connections should be made progressively from borehole back to the source of firing current, and the leading wires shall remain shorted and not be connected to the blasting machine or other source of current until the charge is to be fired.

H. Blasts in shafts or winzes shall be initiated from a safe location outside the shaft or winze.

I. When blasting electrically, the electric blasting cap leg wire shunt shall not be removed from the leg wires until loading operations have been completed.

J. When firing from 1 to 15 blastholes with safety fuse ignited individually using hand-held lighters, the fuses shall be of such lengths to provide the minimum burning time specified in the following table for a particular size round:

Number of Holes in a Round	Minimum Burning Time, Minutes
1	2
2-5	2 2/3
6-10	3 1/3
11-15	5

In no case shall any 40-second-per-foot safety fuse less than 36 inches long or any 30-second-per-foot safety fuse less than 48 inches long be used.

K. Not over 15 fuses shall be spit by each blaster if being individually ignited. At least two men shall be present when lighting fuses, and no man shall light more than 15 individual fuses. To avoid an unsafe delay in the operation, all men shall carry out the lighting of fuses simultaneously. If more than 15 holes per man are to be fired, igniter cord and connectors or electric blasting shall be used.

L. No fuse shall be used that burns faster than one foot in 30 seconds or slower than one foot in 55 seconds. The burning rate of every shipment of fuse received at a mine shall be determined. If a shipment of fuse lasts more than 60 days, the burning rate must be rechecked each 60 days. The burning rate of the safety fuse in use at any time shall be measured, posted in conspicuous locations, and brought to the attention of all men concerned with blasting.

M. Fuse shall be ignited with hot wire lighters, lead spitters, igniter cord or other such approved type device as designed for this purpose. Carbide lights shall not be used to light fuses.

N. Where electric blasting is to be performed, electric circuits to equipment in the immediate area to be blasted shall be de-energized before electric detonators are connected to the blasting circuit; the power shall not be turned on until after the shots are fired or the blast is deactivated by removing or shunting each electric detonator.

O. Trunklines, in multiple-row blasts initiated by detonating cord, shall make one or more complete loops, with crossties between loops at intervals of not over 200 feet.

History

Former Rule 2:73.

Ariz. Admin. Code § R11-1-274 Explosives Stored Underground

Explosives stored in a mine shall be so located that, should they explode or burn, escape of the men will not be cut off.

History

Former Rule 2:74.

Ariz. Admin. Code § R11-1-275 Underground Magazines, Construction

Underground magazines shall be well constructed but need not comply with the standards set by Class I or Class II magazines.

History

Former Rule 2:75.

Ariz. Admin. Code § R11-1-276 Warning Required

No blast shall be fired until the person in charge has made certain that all surplus explosives are in a safe place, all persons and equipment are at a safe distance or under sufficient cover, and that an adequate warning signal has been given.

History

Former Rule 2:76.

Ariz. Admin. Code § R11-1-277 Permanent Blasting Lines

Permanent blasting lines shall be properly supported, insulated and kept in good repair.

History

Former Rule 2:77.

Ariz. Admin. Code § R11-1-278 Location of Safety Switches

If branch circuits are used when blasts are fired from power circuits, safety switches located at safe distances from the blast area shall be provided in addition to the main blasting switch.

History

Former Rule 2:78.

Ariz. Admin. Code § R11-1-279 Blasting Switches

Blasting switches shall be locked in the open position except when closed to fire the blast. Lead wires shall not be connected to the blasting switch until the shot is ready to be fired.

History

Former Rule 2:79.

Ariz. Admin. Code § R11-1-280 Detonating Cord Knots and Connections

All detonating cord knots shall be tight and all connections shall be kept at right angles to the trunk lines. No trunk lines shall be tied in until all equipment is moved out of the area within 50' of the blast.

History

Former Rule 2:80; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-281 Misfires

Misfires shall be disposed of by the following methods:

1. Re-attempting to fire the holes if leg wires are exposed.

Washing the stemming and the charge from the borehole with water.

3. Inserting new primers after the stemming has been washed out.

History

Former Rule 2:81.

Ariz. Admin. Code § R11-1-282 Compressed Air

Compressed air shall not be used to remove explosives from misfires.

History

Former Rule 2:82.

Ariz. Admin. Code § R11-1-283 Electric Detonators

Electric detonators of different brands shall not be used in the same round.

History

Former Rule 2:83.

Ariz. Admin. Code § R11-1-284 Power Sources

Power sources shall be suitable for the number of electric detonators to be fired and for the type of circuits used.

History

Former Rule 2:84.

Ariz. Admin. Code § R11-1-285 Use of Black Blasting Powder

In the use of black blasting powder:

1. Containers shall not be opened in, or within 50 feet of any magazine; within any building in which a fuel-fired or exposed-element electric heater is in operation; where electrical or incandescent-particle sparks could result in power ignition; or within 50 feet of any open flame.

2. Granular powder shall be transferred from containers only by pouring. Spills of granular powder shall be cleaned up promptly with non-sparking equipment; contaminated powder shall be put into a container of water and its content disposed of promptly after the granules have disintegrated, or the spill area shall be flushed with a copious amount of water to completely disintegrate the granules.

3. Containers of powder shall be kept securely closed at all times other than when the powder is being transferred from or into a container.

4. Containers of powder transported by vehicles shall be in a wholly enclosed cargo space.

5. Misfires shall be disposed of by:

a. Washing the stemming and powder charge from the borehole, and

b. Removal and disposal of the initiator as a damaged explosive.

6. Boreholes of shots that fire but fail to break, or fail to break properly, shall not be recharged for at least 12 hours.

History

Former Rule 2:85.

Ariz. Admin. Code § R11-1-286 Explosives Burning in Hole, Move from Area

If explosives are suspected of burning in a hole, all persons in the endangered area shall move to a safe location and no one shall return to the hole until the danger has passed, but in no case within one hour.

History

Former Rule 2:86.

Article 3 FIRE PREVENTION AND CONTROL

Ariz. Admin. Code § R11-1-301 Fire Fighting Equipment

Fire fighting equipment shall not be tampered with or removed by any person except for its authorized use.

History

Former Rule 3:01.

Ariz. Admin. Code § R11-1-302 Smoking or Use of Open Flame Prohibited

A. No person shall smoke or use an open flame where flammable solvents, liquids, fluids or other flammable materials are stored, transported, handled or used, nor within an unsafe distance of any area or place where such practices may cause a fire or explosion, or where the temperature of the air can be elevated to a temperature above a solvent's flash point.

B. Signs warning against such smoking and open flames shall be posted.

History

Former Rule 3:02; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-303 Use of Carbon Tetrachloride

The use of carbon tetrachloride (CCl4) in fire extinguishers or for cleaning purposes is prohibited.

History

Former Rule 3:03.

Ariz. Admin. Code § R11-1-304 Fire Extinguisher - Maintenance

Fire extinguishers and fire suppression devices shall be:

1. Of the appropriate type for the particular fire hazard involved.

Adequate in number and size for the particular fire hazard involved.

3. Recharged or replaced after any discharge is made from the extinguisher or device.

4. Inspected, tested, and maintained at regular intervals according to the manufacturer's recommendations, and a record showing the date of same be kept by the operator for a period of one year and be made available for review by the inspector.

5. Approved by the Underwriter's Laboratories, Inc.

History

Former Rule 3:04; Former Section R11-1-304 repealed, new Section R11-1-304 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-305 Tanks, Pipes, Other Containers - Made Safe before Welding

All tanks, pipes, or other containers which have held flammable, explosive or corrosive material shall be vented, cleaned, purged, and tested for safe and non-explosive atmosphere before entering, burning, cutting, or welding on them is permitted.

History

Former Rule 3:05.

Ariz. Admin. Code § R11-1-306 Flammable Liquids - Storage

Flammable liquids shall be stored in accordance with standards of the National Fire Protection Association or other recognized agencies approved by the Inspector. Small quantities of flammable liquids drawn from storage shall be kept in appropriately labeled safety cans.

History

Former Rule 3:06.

Ariz. Admin. Code § R11-1-307 Fuel Lines - Valves

Fuel lines shall be equipped with valves to cut off fuel at the source and shall be located and maintained to minimize fire hazards.

History

Former Rule 3:07.

Ariz. Admin. Code § R11-1-308 Insulation of Power Lines and Cables

Power wires and cables shall be adequately insulated where they pass through doors or walls or where they present a fire hazard.

History

Former Rule 3:08.

Ariz. Admin. Code § R11-1-309 Valves on Oxygen and Acetylene Tanks

Valves on oxygen and acetylene tanks shall be kept closed when the contents are not being used.

History

Former Rule 3:09.

Ariz. Admin. Code § R11-1-310 Flammable Liquids' Storage when Not Buried

Gasoline, diesel fuel, liquefied petroleum gases, and other flammable liquids, when not buried, shall not be stored within 100 feet of the following:

1. Mine openings.

2. Buildings or snowsheds connected to mine openings.

3. Fan installations or housings.

4. Hoist houses.

History

Former Rule 3:10.

Ariz. Admin. Code § R11-1-311 Abandoned Electrical Circuits

Abandoned electrical circuits shall be de-energized and isolated so that they cannot become energized inadvertently.

History

Former Rule 3:11.

Ariz. Admin. Code § R11-1-312 Solvents with Flash Points Lower Than 100°F

Solvents with flash points lower than 100° F (38°C) shall not be used for cleaning.

History

Former Rule 3:12.

Ariz. Admin. Code § R11-1-313 Oxygen Cylinders - Storage

Oxygen cylinders shall not be stored near oil or grease.

History

Former Rule 3:13.

Ariz. Admin. Code § R11-1-314 Gauges and Regulators Used with Oxygen or Acetylene Cylinders

Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free from oil and grease.

History

Former Rule 3:14.

Ariz. Admin. Code § R11-1-315 All Heat Sources Capable of Combustion, Insulated or Isolated

All heat sources, including lighting equipment, capable of producing combustion shall be insulated or isolated from combustible materials.

History

Former Rule 3:15.

Ariz. Admin. Code § R11-1-316 Battery Charging Stations

Battery charging stations shall be located in well ventilated areas.

History

Former Rule 3:16.

Ariz. Admin. Code § R11-1-317 When Welding or Cutting Safety Precautions

When welding or cutting, suitable precautions shall be taken to ensure that smoldering metal or sparks do not result in a fire. Fire extinguishing equipment shall be immediately available at the site.

History

Former Rule 3:17.

Ariz. Admin. Code § R11-1-318 Internal Combustion Engines - Refueling

Internal combustion engines, except diesels above ground, shall be shut off and stopped before being fueled.

History

Former Rule 3:18.

Ariz. Admin. Code § R11-1-319 Drip Pans, Etc

Drip pans shall be provided to catch leakage or spillage when oil or flammable liquids are dispensed in a place or manner which may create a hazard.

History

Former Rule 3:19.

Ariz. Admin. Code § R11-1-320 Fire Alarm Systems

Fire alarm systems shall be provided and maintained in operating condition or adequate fire alarm procedures shall be established to warn promptly all persons endangered by fire.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-321 Fuel Stored Underground

Fuel stored underground will be in a return air split provided with adequate firefighting equipment. No oil line shall be allowed to pass down the shaft.

History

Former Rule 3:21.

Ariz. Admin. Code § R11-1-322 Tightly Sealed Containers Used for Combustible Materials

Oil, grease or diesel fuel stored underground shall be kept in suitable tightly sealed containers in fire-resistant areas at safe distances from explosives, magazines, electrical installations and shaft stations.

History

Former Rule 3:22.

Ariz. Admin. Code § R11-1-323 Fire Control - Underground Diesel Units

A fire extinguisher of suitable type and size must be carried at all times with each diesel powered unit. In addition, a fire control system shall be installed in each piece of equipment operating underground regardless of make and model. The system shall be approved by the Inspector for automatic, remote, pneumatic, push button or lever control.

History

Former Rule 3:23; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-324 Starting Mechanism of the Diesel Engine

The starting mechanism of the diesel engine shall be powered by electricity, air or some other source considered safe. The use of gasoline powdered starters for underground diesel equipment is specifically prohibited.

History

Former Rule 3:24.

Ariz. Admin. Code § R11-1-325 Underground Refueling Stations

Underground refueling stations must be well ventilated and separate from any underground equipment repair areas. Diesel fuel must be carried in tight containers.

History

Former Rule 3:25.

Ariz. Admin. Code § R11-1-326 Supply of Diesel Fuel Allowed Underground

Only a day's supply of diesel fuel will be allowed underground at any time and this must be stored in tight containers in a cool, well- ventilated place. The container will be set in a sufficient amount of suitable absorbent material to absorb all of the fuel being stored or shall be set in an area which is curbed or otherwise blocked off so that the fuel cannot spread beyond the storage area.

History

Former Rule 3:26.

Ariz. Admin. Code § R11-1-327 Fires Prohibited Underground

Fires shall not be built underground; open-flame torches and candles shall not be left underground.

History

Former Rule 3:27.

Ariz. Admin. Code § R11-1-328 Approved Mine Rescue Apparatus - Maintenance

Approved mine rescue apparatus shall be properly maintained for immediate use. The equipment shall be tested at least once a month and records kept of the tests.

History

Former Rule 3:28.

Ariz. Admin. Code § R11-1-329 Diesel Fuel Storage Areas

No smoking is permitted in or around diesel fuel storage areas. No open lights are permitted in diesel storage or refueling areas. There must be adequate firefighting equipment at all refueling stations and storage tanks for diesel fuel.

History

Former Rule 3:29.

Ariz. Admin. Code § R11-1-330 Gasoline Storage or Use in Underground Operations Prohibited

Gasoline shall not be taken, stored or used in underground operations.

History

Former Rule 3:30; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-331 Use of Liquefied Petroleum Gases

The use of liquefied petroleum gases shall be limited to maintenance work.

History

Former Rule 3:31.

Ariz. Admin. Code § R11-1-332 Fuel Used in Underground Diesel Equipment

Fuel used in underground diesel equipment must conform to the manufacturer's specifications for viscosity pour point, cetane number, carbon residue and water. The flash point must not be less than 150° Fahrenheit and sulphur content must not be greater than 0.2% by weight.

History

Former Rule 3:32.

Ariz. Admin. Code § R11-1-333 Renumbered

History

Former Rule 3:33; Former Section R11-1-333 renumbered as Section R11-1-412 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-334 Mine Rescue Station

A mine rescue station equipped with at least ten sets of suitable and properly maintained two-hour minimum capacity self-contained breathing apparatus, adequate supplies, and spare parts shall be maintained at mines employing 75 or more persons underground or, in lieu thereof, the mine shall be affiliated with a central mine rescue station.

History

Former Rule 3:34; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-335 Mine Rescue Crews

At mines employing 75 or more persons underground, at least two rescue crews (ten persons) shall be trained at least annually in the use, care, and limitations of self-contained breathing and firefighting apparatus and in mine-rescue procedures. Other mines shall have at least one person so trained for each ten persons employed underground.

History

Former Rule 3:35; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-336 [REPEALED]

History

Former Rule 3:36; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-337 Reserved

Ariz. Admin. Code § R11-1-338 Fire Protection for Timbered Mine Entrances

Timber in mine entrances shall be fire retardant for at least 200 feet inside the mine portal or collar, or the mine entrance shall be provided with fire protection adequate to control a fire for at least 200 feet inside the mine portal or collar.

History

Former Section R11-1-1183 renumbered and amended as Section R11-1-338 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-339 Reserved

Ariz. Admin. Code § R11-1-340 Reserved

Ariz. Admin. Code § R11-1-341 Fire Extinguisher - Mobile Equipment

Suitable fire extinguishers shall be provided on self-propelled mobile equipment with enclosed cabs, used in surface operations.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-342 Reserved

Ariz. Admin. Code § R11-1-343 Reserved

Ariz. Admin. Code § R11-1-344 Reserved

Ariz. Admin. Code § R11-1-345 Reserved

Ariz. Admin. Code § R11-1-346 Reserved

Ariz. Admin. Code § R11-1-347 Reserved

Ariz. Admin. Code § R11-1-348 Reserved

Ariz. Admin. Code § R11-1-349 Reserved

Ariz. Admin. Code § R11-1-350 Reserved

Ariz. Admin. Code § R11-1-351 Accumulation of Flammable Materials

Flammable and combustible waste materials, grease, lubricants or flammable liquids shall not be allowed to accumulate where they can create a fire hazard.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-352 Reserved

Ariz. Admin. Code § R11-1-353 Fire Protection Sensor for Underground Stationary Diesel Equipment

Where there is a potential for exposure of workers to a fire hazard, unattended stationary diesel equipment used in underground operations shall be provided with a thermal sensor which automatically stops the diesel engine should overheating occur.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-354 Fire Protection Sensor for Belt Conveyors

Where there is a potential for exposure of workers to a fire hazard, unattended belt conveyors shall be provided with a thermal sensor which automatically stops the drive pulley should excessive slippage create an ignition of the belt.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Article 4 AIR QUALITY, VENTILATION AND RADIATION, AND PHYSICAL AGENTS

Ariz. Admin. Code § R11-1-401 Discharge of Exhaust Pipe

The discharge of any exhaust pipe for an internal combustion engine used for fans, power plant or engine driven compressor shall be located and so arranged that the exhaust fumes from this engine cannot under any conditions get into the intake air of the mine or the intake air of the compressors.

History

Former Rule 4:01.

Ariz. Admin. Code § R11-1-402 Dust Suspected of Being Explosive

Dust suspected of being explosive shall be tested for explosability. If tests prove positive, appropriate control measures shall be taken.

History

Former Rule 4:02.

Ariz. Admin. Code § R11-1-403 Air Intake of Compressors

The air intake of all compressors must be located so that no hazardous fumes or smoke can get into the air intake. The use of compressors that have a common crankcase with the internal combustion engine used to drive it is prohibited except for modern machines specifically designed to eliminate the hazard.

History

Former Rule 4:03.

Ariz. Admin. Code § R11-1-404 Airborne Contaminants

Except as permitted by R11-1-406:

1. Except as provided in subsection (2) the exposure to airborne contaminants shall not exceed, on the basis of a time-weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. Excursions above the listed thresholds shall not be of a greater magnitude than is characterized as permissible by the conference.

Employees shall be withdrawn from areas where there is present an airborne contaminant given a "C" designation by the conference and the concentration exceeds the threshold limit value listed for that contaminant.

3. The eight-hour time weighted average airborne concentration of asbestos dust to which employees are exposed shall not exceed two fibers per millimeter greater than 5 microns in length, as determined by the membrane filter method at 400-450 magnification (4 millimeter objective) phase contrast illumination. No employee shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers longer than 5 micrometers, per milliliter of air as determined by the membrane filter method over a minimum sampling time of 15 minutes. "Asbestos" is a generic term for a number of hydrated silicates that, when crushed or processed, separate into flexible fibers made of fibrils. Although there are many asbestos minerals, the term "asbestos" as used herein is limited to the following minerals: Chrysolite, Amosite, Crociodolite, Anthophylite, Tremolite, and Actinolite.

History

Former Rule 4:04; Amended effective April 7, 1976 (Supp. 76-2). Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-405 Dust, Gas, Mist, and Fume Surveys

Dust, gas, mist, and fume surveys shall be conducted as frequently as necessary to determine the adequacy of control measures.

History

Former Rule 4:05.

Ariz. Admin. Code § R11-1-406 Control of Employees' Exposure to Harmful Airborne Contaminants

Control of employees' exposure to harmful airborne contaminants shall be, insofar as feasible, by prevention of contamination, removal by exhaust ventilation, or by dilution with uncontaminated air. However, where accepted engineering control measures have not been developed or when necessary by the nature of the work involved (for example, while establishing controls or occasional entry into hazardous atmospheres to perform maintenance or investigation), employees may work for reasonable periods of time in concentrations of airborne contaminants exceeding permissible levels if they are protected by appropriate respiratory protective equipment. Whenever respiratory protective equipment is used a program for selection, maintenance, training, fitting, supervision, cleaning, and use shall meet the following minimum requirements:

1. Respirators which are applicable and suitable for the purpose intended shall be furnished, and employees shall use the protective equipment in accordance with training and instruction.

2. A respirator program consistent with the requirements of "American National Standard Practices for Respiratory Protection," which is hereby incorporated by reference and made a part thereof. This publication may be examined in the Arizona State Mine Inspector's office.

3. When respiratory protection is used in atmospheres immediately harmful to life, the presence of at least one other person, with backup equipment and rescue capability shall be required in the event of failure of the respiratory equipment.

History

Adopted effective April 7, 1976 (Supp. 76-2). Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-407 Air Quality at Underground Working Places

Air at all active underground working places shall contain at least 19.5 volume percent oxygen.

History

Adopted effective April 7, 1976 (Supp. 76-2). Former Section R11-1-407 repealed, new Section R11-1-407 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-408 Construction of Underground Ventilation Doors

Ventilation doors shall be:

1. Substantially constructed.

2. Covered with fire-retardant materials, if constructed of wood.

3. Maintained in good condition.

4. Self-closing, if manually operated.

5. Equipped with audible or visual warning devices, if mechanically operated.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-409 Keeping Ventilation Doors Closed

When ventilation control doors are opened as a part of the normal mining cycle, they shall be closed as soon as possible to re-establish normal ventilation to working places.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-410 Reserved

Ariz. Admin. Code § R11-1-411 Reserved

Ariz. Admin. Code § R11-1-412 Fan Housings and Air Ducts

Fan housings and air ducts connecting main fans to underground openings shall be fire resistant.

History

Former Section R11-1-333 renumbered as Section R11-1-412 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-413 Reserved

Ariz. Admin. Code § R11-1-414 Reserved

Ariz. Admin. Code § R11-1-415 Reserved

Ariz. Admin. Code § R11-1-416 Reserved

Ariz. Admin. Code § R11-1-417 Reserved

Ariz. Admin. Code § R11-1-418 Reserved

Ariz. Admin. Code § R11-1-419 Reserved

Ariz. Admin. Code § R11-1-420 Reserved

Ariz. Admin. Code § R11-1-421 Use of Underground Diesel Equipment

Pursuant to A.R.S. § 27-365, the underground use of any internal combustion engine is unlawful unless the Inspector has approved the equipment. In addition to the approval of the Inspector for use of the equipment, the equipment shall conform in all respects to the requirements of the rules set forth in this Article.

History

Former Rule 4:21.

Ariz. Admin. Code § R11-1-422 Underground Diesel-powered Equipment - Toxic Gas Diluting Device

Underground diesel-powered equipment shall be equipped with a stainless steel exhaust system including conditioner and satisfactory diluting device, which will reduce toxic gases to a minimum before they are released into the mine atmosphere. (Except if limestone and water are used, scrubbers may be carbon steel.)

History

Former Rule 4:22.

Ariz. Admin. Code § R11-1-423 The Conditioner Specifications

The conditioner must not increase the engine back pressure above 18 inches of water or 1 1/2 inches of mercury when the diesel equipment is developing its rated horsepower. The conditioner must hold sufficient water for four hours of operation without replenishing and at the end of four hours of operation, the exhaust temperature again must not exceed (180°) Fahrenheit. Water to be completely drained and replenished once each shift. The conditioner must be checked, serviced, and cleaned once each week. Any other conditioner approved by the Arizona State Mine Inspector may be used.

History

Former Rule 4:23.

Ariz. Admin. Code § R11-1-424 Inspection of Diesel Engine and Gas Conditioner

At least once each week an inspection of the diesel engine and the gas conditioner MUST be made and a written report of its condition be put on file for examination by the Mine Inspector or his deputies.

History

Former Rule 4:24.

Ariz. Admin. Code § R11-1-425 Use of Flexible Tubing

When flexible tubing is used on exhaust from diesel motor to the air conditioner or scrubber, it must be the type that will withstand back pressure and not leak.

History

Former Rule 4:25.

Ariz. Admin. Code § R11-1-426 Use of Diesel-powered Equipment Shall be Restricted

The use of diesel-powered equipment shall be restricted to haulageway or other working places where positive ventilation is maintained by mechanical means. If possible, the ventilation in places where diesel equipment is used shall be arranged so that the air carrying exhaust gases from the engine are returned to the main air exhaust ways so as not to traverse working places.

History

Former Rule 4:26.

Ariz. Admin. Code § R11-1-427 Operation of Diesel Engines - Toxic Gases

Diesel engines must not be operated when the atmosphere adjacent to its engine contains toxic gases above the tolerance set by the United States Bureau of Mines as listed below:

Carbon dioxide	0.5%	by vol.
Carbon monoxide	0.01%	by vol.
Nitrogen dioxide	0.0005%	by vol.
Oxygen must be at least	19.5%	by vol.

History

Former Rule 4:27; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-428 Diesel Engine in Underground Mine Operations - Ventilation

When a diesel engine is used in underground mine operations, all dead-end headings shall be separately ventilated by auxiliary ventilation with a minimum air velocity of not less than 50 linear feet per minute in the working face itself. The intake of the auxiliary system must be so located that air entering it will not be contaminated by exhaust gases from the diesel engine when operating between the intake and the face of the working area. When any portion of the primary or auxiliary exhaust system is not functioning, no diesel engine shall be allowed to operate in the area of no ventilation.

History

Former Rule 4:28.

Ariz. Admin. Code § R11-1-429 Diesel Equipment other than Approved by U.S. Bureau of Mines

If diesel equipment other than that approved by U.S. Bureau of Mines is utilized, 150 C.F.M. per brake horsepower is the required ventilating air for safe operation.

History

Former Rule 4:29.

Ariz. Admin. Code § R11-1-430 [REPEALED]

History

Former Rule 4:30; Amended effective April 7, 1976 (Supp. 76-2). Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-431 Suitable Lights and Audible Warning Devices, Installation, Maintenance

Suitable lights and audible warning devices shall be installed and maintained in good working condition on all mobile diesel equipment operated underground.

History

Former Rule 4:31.

Ariz. Admin. Code § R11-1-432 Reserved

Ariz. Admin. Code § R11-1-433 Fuel Leaks - Diesel Equipment

All diesel equipment must be checked for fuel leaks and any leaks found must be noted and reported.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-434 Diesel Engine Air Cleaners

All connections and tubing from air cleaner to the intake manifold must be closely checked for cracks, breaks, or loose connections. The intake manifold must be secure and properly gasketed to cylinder heads and be free of holes and cracks.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code §§ R11-1-435 through R11-1-469 Reserved

Ariz. Admin. Code § R11-1-470 Sampling for Radon Daughters

In all underground mines at least one sample shall be taken each year in exhaust mine air by a competent person to determine if concentrations of radon daughters are present. If concentrations of less than 0.1 WL are found:

1. Where uranium is not mined, no further exhaust mine air sampling is required during that year.

2. Where uranium is mined, at least one sample shall be taken in the exhaust air each month.

3. Results of these tests shall be recorded and retained at the operation and be made available for inspection.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-471 Exposure of Radon Daughters

No employee shall be permitted to receive an exposure of radon daughters in excess of 4 WLM in any calendar year.

History

Former Rule 4:71; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-472 Concentration of Radon Daughters

When radon daughters concentrations between 0.1 and 0.3 WL are found in an active working area, measurements representative of worker's breathing zone shall be determined as follows:

1. Where uranium is not mined -- at least three months at random times until concentrations are below 0.1 WL and annually thereafter.

2. Where uranium is mined -- at least every two weeks at random times at all areas where persons work, travel or congregate. If concentrations are found in excess of 0.3 WL in an active working area, radon daughters concentrations shall be determined weekly until such time as the weekly determinations have been 0.3 WL or less for five consecutive weeks.

Sample date, locations and results obtained shall be recorded and retained at the mine office for at least two years and shall be made available for inspection.

History

Former Rule 4:72; Former Section R11-1-472 repealed, new Section R11-1-472 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-473 Smoking Prohibited

Smoking is prohibited where uranium is mined.

History

Former Rule 4:73.

Ariz. Admin. Code § R11-1-474 [REPEALED]

History

Former Rule 4:74; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-475 Noise Control

A. No employee shall be permitted an exposure to noise in excess of that specified in the table below. Noise level measurements shall be made using a sound level meter meeting specifications contained in "American National Standard Specification for Sound Level Meters," which is hereby incorporated by reference and made a part hereof, or by a dosimeter with similar accuracy. This publication may be examined in the Arizona State Mine Inspector's office.

PERMISSIBLE NOISE EXPOSURES

Duration Per Day Hours of Exposure	Sound Level Dba Slow Response
8	90
6	92
4	95
3	97
2	100
1 1/2	102
1	105
1/2	110
1/4 or less	115

No exposure shall exceed 115 dBA. Impact or impulsive noises shall not exceed 140 dB, peak sound pressure level.

NOTE: When the daily exposure is composed of two or more periods of noise exposure at different levels, their combined effect shall be considered rather than the individual effect of each. If the sum

(Cl/Tl) + (C2/T2) + . . . (Cn/Tn)

exceeds unity, then the mixed exposure shall be considered to exceed the permissible exposure. Cn indicates the total time of exposure at a specified noise level, and Tn indicates the total time of exposure permitted at that level. Interpolation between tabulated values may be determined by the following formula:

log T = 6.322 - 0.0602 SL

There T is the time in hours and SL is the sound level dBA.

B. When employees' exposure exceeds that listed in the above table, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce exposure to within permissible levels, personal protective equipment shall be provided and used to reduce sound levels to within the levels of the table.

History

Adopted effective April 7, 1976 (Supp. 76-2). Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-476 Heat Stress Control

A. Persons repeatedly exposed to hot environments will be suitably trained to recognize heat disorders and to render first aid for heat disorders.

B. Work requirements will be adjusted to reduce the risk of heat disorders.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Article 5 MAINTENANCE AND USE OF EQUIPMENT (Compressors, Mucking Machines, Belts and Guards, Mobile Equipment)

Ariz. Admin. Code § R11-1-501 Employees Operating Mobile Equipment - Unauthorized Personnel

Employees operating equipment shall not allow unauthorized personnel to operate or ride on equipment to which they have been assigned.

History

Former Rule 5:01.

Ariz. Admin. Code § R11-1-502 Mounting and Dismounting Mobile Equipment

All employees shall use steps, handrails and/or grab irons when mounting and dismounting mobile equipment.

History

Former Rule 5:02.

Ariz. Admin. Code § R11-1-503 Precautions before Starting Machinery

Employees operating equipment shall take appropriate precautions to ensure that everyone is in the clear before starting machinery or moving equipment.

History

Former Rule 5:03.

Ariz. Admin. Code § R11-1-504 Starting and Stopping Devices

Starting and stopping devices on all machinery and equipment shall be clearly marked and readily accessible.

History

Former Rule 5:04.

Ariz. Admin. Code § R11-1-505 Design of Guards

Guards shall be properly designed and sufficiently strong to provide the required protection and withstand the wear of normal operation.

History

Former Rule 5:05.

Ariz. Admin. Code § R11-1-506 Speed of Mobile Equipment

Mobile equipment shall be operated at a speed which will not endanger any person or property.

History

Former Rule 5:06.

Ariz. Admin. Code § R11-1-507 Mobile Equipment Shall be Secured when without Operator

Mobile equipment shall be secured against accidental movement whenever the equipment operator leaves the equipment.

History

Former Rule 5:07.

Ariz. Admin. Code § R11-1-508 Mobile Equipment Shall be Secured While Repair Work Is Being Performed

All equipment and parts of equipment shall be blocked or otherwise secured so that it cannot be accidentally moved while repair work is being performed.

History

Former Rule 5:08.

Ariz. Admin. Code § R11-1-509 Cabs of Mobile Equipment - Housekeeping

Cabs of mobile equipment shall be kept free of extraneous materials.

History

Former Rule 5:09.

Ariz. Admin. Code § R11-1-510 Compressed-air Receivers

A. Compressed-air receivers and other unfired pressure vessels shall be constructed, installed and maintained according to manufacturers recommendations; and

B. Shall be inspected at regular intervals by a competent person, and a record of such inspection shall be made available to the Inspector for examination.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-511 Compressed Air

Compressed air shall be bled from air tools and hoses not equipped with automatic air cutoff devices before disconnecting the hoses or leaving the tools unattended. Repairs involving the pressure system of compressors, receivers, or compressed-air-powered equipment shall not be attempted until the pressure has been bled off.

History

Former Rule 5:11.

Ariz. Admin. Code § R11-1-512 Mobile Equipment Utilizing Air Brakes

All mobile equipment utilizing air brakes shall have an operating air pressure gauge.

History

Former Rule 5:12.

Ariz. Admin. Code § R11-1-513 [REPEALED]

History

Former Rule 5:13; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-514 Compressed Air Receivers - Safety Devices

Each compressed air receiver shall be equipped with a pressure gauge, a pop-off valve and a blow-off valve at its lowest point.

History

Former Rule 5:14.

Ariz. Admin. Code § R11-1-515 Pipelines from Air Receivers

All pipelines from air receivers shall be adequately supported.

History

Former Rule 5:15.

Ariz. Admin. Code § R11-1-516 Quick-close Type Air Valve Provided on Pneumatic- Powered Equipment

A quick-close type air valve shall be provided on each piece of pneumatic-powered loading, hauling, and dumping equipment. The valve shall be closed except when the equipment is being operated.

History

Former Rule 5:16; Former Section R11-1-516 repealed, new Section R11-1-516 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-517 Air Valves on Mucking Machines

The air valves on the mucking machines must be kept in a closed position when the machine is not being used.

History

Former Rule 5:17.

Ariz. Admin. Code § R11-1-518 Reserved

Ariz. Admin. Code § R11-1-519 Reserved

Ariz. Admin. Code § R11-1-520 Reserved

Ariz. Admin. Code § R11-1-521 Welding Operations Shielded and Properly Ventilated

Welding operations shall be shielded and properly ventilated.

History

Former Rule 5:21; Amended effective April 7, 1976 (Supp. 76-2). Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-522 Guarding of Moving Parts

A. Moving parts such as gears, sprockets, or chain drive, head, tail and take-up pulleys, flywheels, couplings, shafts, fan inlets, and similar exposed moving machine parts which may be contacted by persons and which may cause injury to persons must be guarded.

B. Guards at conveyor-drive, conveyor-head and conveyor-tail pulleys shall extend a distance sufficient to prevent a person from reaching behind the guard and becoming caught between the belt and pulley.

History

Former Rule 5:22; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-523 Safety Devices for Air Hoses

All air hoses with an inside diameter of 3/4 inch or larger shall have suitable safety devices set inside or attached to those hoses such that accidental disconnection will not flail hose ends.

History

Former Rule 5:23.

Ariz. Admin. Code § R11-1-524 Men Working on a Piece of Mobile Equipment

Men shall not work from or on a piece of mobile equipment in a raised position until it is blocked in place securely. This does not preclude the use of equipment specifically designed as elevated mobile work platforms.

History

Former Rule 5:24.

Ariz. Admin. Code § R11-1-525 Drive Belts

Drive belts shall not be shifted while in motion unless the machines are provided with mechanical shifters.

History

Former Rule 5:25.

Ariz. Admin. Code § R11-1-526 Guiding Belts, Chains, Ropes on Moving Pulleys

Belts, chains, ropes will not be guided on power-driven moving pulleys, sprockets or drums with the hands except on slow-moving equipment especially designed for hand feeding.

History

Former Rule 5:26.

Ariz. Admin. Code § R11-1-527 Power off when Working on Machinery

No work shall be performed on machinery until the power is off and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments.

History

Former Rule 5:27.

Ariz. Admin. Code § R11-1-528 Belt Dressings

Belt dressings shall not be applied manually where belts are in motion unless an aerosol-type dressing is used.

History

Former Rule 5:28.

Ariz. Admin. Code § R11-1-529 Lubricating Machinery While in Motion

Machinery shall not be lubricated while in motion or when hazard exists unless equipped with standard fitting or cups.

History

Former Rule 5:29.

Ariz. Admin. Code § R11-1-530 Guarding Protruding Set Screw Keys

Protruding set screw keys on revolving parts shall be guarded.

History

Former Rule 5:30.

Ariz. Admin. Code § R11-1-531 Unsafe Equipment or Machinery

Unsafe equipment or machinery presenting an immediate danger must either be repaired immediately or be otherwise rendered not subject to further use until repaired.

History

Former Rule 5:31.

Ariz. Admin. Code § R11-1-532 Renumbered

History

Former Rule 5:32; Former Section R11-1-532 renumbered as Section R11-1-660 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-533 Directing Compressed Air

At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury.

History

Former Rule 5:33.

Ariz. Admin. Code § R11-1-534 Overhead Belts Guarded

Overhead belts shall be guarded if the whipping action from a broken line would be hazardous to persons below.

History

Former Rule 5:34.

Ariz. Admin. Code § R11-1-535 Reserved

Ariz. Admin. Code § R11-1-536 Welding, Cutting or Soldering Performed by a Competent Person

Welding, cutting, or soldering shall be performed by a competent person.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-537 Reserved

Ariz. Admin. Code § R11-1-538 Reserved

Ariz. Admin. Code § R11-1-539 Reserved

Ariz. Admin. Code § R11-1-540 Reserved

Ariz. Admin. Code § R11-1-541 Renumbered

History

Former Rule 5:41; Former Section R11-1-541 renumbered and amended as Section R11-1-1315 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-542 Renumbered

History

Former Rule 5:42; Former Section R11-1-542 renumbered as Section R11-1-1310 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-543 Renumbered

History

Former Rule 5:43; Former Section R11-1-543 renumbered and amended as Section R11-1-1311 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-544 Renumbered

History

Former Rule 5:44; Former Section R11-1-544 renumbered as Section R11-1-1312 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-545 Renumbered

History

Former Rule 5:45; Former Section R11-1-545 renumbered as Section R11-1-1313 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-546 Renumbered

History

Former Rule 5:46; Former Section R11-1-546 renumbered and amended as Section R11-1-1314 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-547 Reserved

Ariz. Admin. Code § R11-1-548 Reserved

Ariz. Admin. Code § R11-1-549 Reserved

Ariz. Admin. Code § R11-1-550 Reserved

Ariz. Admin. Code § R11-1-551 Safety Devices on Stationary Grinding Machines Other Than Special Bit Grinders

Stationary grinding machines other than special grinders shall be equipped with:

1. Peripheral hoods (less than 90° throat openings) capable of withstanding the force of a bursting wheel.

2. Adjustable tool rests set as close as practical to the wheel.

3. Safety washers.

History

Former Rule 5:51.

Ariz. Admin. Code § R11-1-552 Operation of Grinding Wheels

Grinding wheels shall be operated within the specifications of the manufacturer of the wheel.

History

Former Rule 5:52.

Article 6 LOADING, HAULING, AND DUMPING

Ariz. Admin. Code § R11-1-601 Flying Switches Prohibited

Flying switches are prohibited on all rail equipment.

History

Former Rule 6:01.

Ariz. Admin. Code § R11-1-602 Operator of a Crane

Only one designated employee shall direct the operator of a crane at a given time.

History

Former Rule 6:02.

Ariz. Admin. Code § R11-1-603 Roll-over Protection for Surface Mobile Equipment

A. Self-propelled scrapers, front-end loaders, dozers, and tractors, manufactured after June 30, 1969, used in surface mining operations shall be equipped with suitable roll-over protection structures (ROPS).

B. Each ROPS shall have the following information permanently affixed to the structure:

1. Manufacturer's or fabricator's name and address; and

2. ROPS model number, if any; and

3. Make and model numbers of the equipment on which the ROPS is designed to fit.

4. For equipment already in use as of February 4, 1977, a satisfactory substitute for the above-required information will be a certificate from either the manufacturer of the ROPS or a registered professional engineer to the effect that the ROPS does meet the performance standards and is appropriate for the piece of equipment upon which it is installed.

C. Any alteration, repair, or welding of the ROPS and ROPS-to-vehicle frame mounts shall be performed only with prior approval and with instructions from the ROPS manufacturer or under the instructions of a registered professional engineer; and the manufacturer, or engineer as the case may be, shall decide what qualifications the welders involved in this operation must have.

D. Nothing in this rule shall preclude the issuance of an order because of imminent danger.

E. Fork-lift trucks, front-end loaders, and dozers shall be provided with substantial canopies when necessary to protect the operator.

History

Former Rule 6:03; Former Section R11-1-603 repealed, new Section R11-1-603 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-604 Protection of Truck Cabs by Substantial Shields

The top and backs of all haulage truck cabs working under shovels or under similar hazardous conditions shall be protected by substantial shields.

History

Former Rule 6:04.

Ariz. Admin. Code § R11-1-605 Haulage Equipment Shall be Kept in Gear when Moving

Haulage equipment shall be kept in gear or appropriate drive range at all times when moving and shall be put in the proper designated gear or range before starting down grade.

History

Former Rule 6:05.

Ariz. Admin. Code § R11-1-606 Dust Control of Roadways and Banks

Haulage roadways and banks where equipment is working shall be properly maintained and adequate provisions shall be taken to control dust.

History

Former Rule 6:06.

Ariz. Admin. Code § R11-1-607 Demounting Vehicle Tires

Haulage vehicle tires shall be deflated to a safe pressure before they are demounted from the vehicle.

History

Former Rule 6:07.

Ariz. Admin. Code § R11-1-608 Inflating Tires

Adequate safety devices and/or procedures appropriate to the vehicle shall be used when inflating tires.

History

Former Rule 6:08.

Ariz. Admin. Code § R11-1-609 Lights on Both Ends of Vehicles Operating at Night

All trucks, front-end loaders, graders and dozers that are operated at night must have lights on both ends as required for safe operations.

History

Former Rule 6:09.

Ariz. Admin. Code § R11-1-610 Lower Moving Parts of Machinery when Not in Use

Dippers, buckets, scrapper blades and similar movable parts shall be lowered to the ground when not in use.

History

Former Rule 6:10.

Ariz. Admin. Code § R11-1-611 Stop Cords on Unguarded Conveyors with Walkways

Unguarded conveyors with walkways shall be equipped with emergency stop devices or cords along their full length.

History

Former Rule 6:11.

Ariz. Admin. Code § R11-1-612 Operators Shall Sound Warning before Starting Trains

Operators shall sound warning before starting trains, when trains approach crossings, persons, or other trains on adjacent tracks and where vision is obscured.

History

Former Rule 6:12; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-613 Cab Windows

Cab windows shall be of safety glass or equivalent in good condition and shall be kept clean.

History

Former Rule 6:13.

Ariz. Admin. Code § R11-1-614 Adequate Back Stops or Brakes on Inclined Conveyor Drive Units

Adequate backstops or brakes shall be installed on inclined conveyor drive units to prevent conveyors from running in reverse if a hazard to personnel would be caused.

History

Former Rule 6:14.

Ariz. Admin. Code § R11-1-615 Getting on or off Equipment, Notification to Operator

When an operator is present, men shall notify him before getting on or off equipment.

History

Former Rule 6:15.

Ariz. Admin. Code § R11-1-616 Switch Throws

Switch throws shall be installed so as to provide adequate clearance for switchmen.

History

Former Rule 6:16.

Ariz. Admin. Code § R11-1-617 Equipment Traveling between Work Areas

When traveling between work areas, the equipment shall be secured in the travel position.

History

Former Rule 6:17.

Ariz. Admin. Code § R11-1-618 Persons Riding Mobile Equipment for Transportation

Persons shall not be transported:

1. In or on buckets (except shaft buckets), clamshells, dippers, forks, beds of ore haulage trucks, beds of dump trucks.

2. On top of loaded haulage equipment.

3. Outside the cabs and beds of mobile equipment, except trains.

4. Between cars of trains.

5. In conveyances equipped with unloading devices unless means are provided to prevent accidental starting of the unloading mechanism.

6. On loads being moved by cranes or derricks, nor shall they ride the hoisting hooks unless such method eliminates a greater hazard.

7. On locomotives or trains unless authorized.

8. On flat cars except when the flat cars contain special equipment requiring attention; in this case the motor shall proceed very slowly.

9. On the front platform of a motor moving forward.

10. On the draw-head of a car when it is backing.

11. In rail cars or other vehicles or conveyances with tools, materials, and equipment unless means have been provided to make such transportation safe.

History

Former Rule 6:18; Former Section R11-1-618 repealed, new Section R11-1-618 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-619 Electrically Powered Mobile Equipment Left Unattended

Electrically powered mobile equipment shall not be left unattended unless the master switch is in the off position, all operating controls are in neutral position, and the brakes are set or equivalent precautions are taken against rolling.

History

Former Rule 6:19.

Ariz. Admin. Code § R11-1-620 Getting on or off Moving Equipment

Persons shall not get on or off moving equipment, except trainmen may get on or off slowly moving trains.

History

Former Rule 6:20; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-621 Equipment to be Hauled Prevented from Sliding or Spillage

Equipment which is to be hauled should be loaded and protected so as to prevent sliding or spillage.

History

Former Rule 6:21.

Ariz. Admin. Code § R11-1-622 Rail Cars on Side Tracks

Rail cars shall not be left on side tracks unless ample clearance is provided for traffic on adjacent tracks.

History

Former Rule 6:22.

Ariz. Admin. Code § R11-1-623 Motorman Recognizing Brakeman's Signals

The inability of a motorman to clearly recognize his brakeman's signals when the train is under the direction of the brakeman shall be construed by the motorman as a stop signal.

History

Former Rule 6:23.

Ariz. Admin. Code § R11-1-624 Preventing Overtravel and Overturning at Dumping Locations

Berms, bumper blocks, and safety hooks or similar means shall be provided to prevent overtravel and overturning at dumping locations.

History

Former Rule 6:24.

Ariz. Admin. Code § R11-1-625 Location of Spotters, when Used

If spotters are used, they shall be well in the clear when trucks are backing into dumping position and dumping. Lights should be used at night to direct trucks.

History

Former Rule 6:25.

Ariz. Admin. Code § R11-1-626 Public and Permanent Railroad Crossings, Posted or Guarded

Public and permanent railroad crossings shall be posted with warning signs or signals or shall be guarded when trains are passing and shall be planked or otherwise filled between the rails.

History

Former Rule 6:26.

Ariz. Admin. Code § R11-1-627 At Least 30 Inches Continuous Clearance for Moving Railroad Equipment

Where possible, at least 30 inches continuous clearance from the widest projection of moving railroad equipment shall be provided on at least one side of the track. At all places where it is not possible to provide 30-inch clearance, it shall be marked conspicuously.

History

Former Rule 6:27.

Ariz. Admin. Code § R11-1-628 Makeshift Couplings

Makeshift couplings shall not be used.

History

Former Rule 6:28.

Ariz. Admin. Code § R11-1-629 Protection from Runaway or Moving Railroad Equipment

Positive-acting stopblocks, derail devices, track skates, or other adequate means shall be installed wherever necessary to protect persons from runaway or moving railroad equipment.

History

Former Rule 6:29.

Ariz. Admin. Code § R11-1-630 Parked Railcars Securely Blocked

Parked railcars, unless held effectively by brakes, shall be blocked securely.

History

Former Rule 6:30.

Ariz. Admin. Code § R11-1-631 Effective Brake Shoes for Railroad Cars

Railroad cars with braking systems, when in use, shall be equipped with effective brake shoes.

History

Former Rule 6:31.

Ariz. Admin. Code § R11-1-632 Warning Devices Posted for Parked Equipment

Lights, flares, or other warning devices shall be posted when parked equipment creates a hazard to vehicular traffic.

History

Former Rule 6:32.

Ariz. Admin. Code § R11-1-633 Rocks Too Large to be Handled Safely

Rocks too large to be handled safely shall be broken before loading.

History

Former Rule 6:33.

Ariz. Admin. Code § R11-1-634 Reserved

Ariz. Admin. Code § R11-1-635 Reserved

Ariz. Admin. Code § R11-1-636 Ground Conditions at Dumpsite

Where there is evidence that the ground at a dumping place may fail to support the weight of a vehicle, loads shall be dumped back from the edge of the bank.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-637 Loading Haulage Equipment

Haulage equipment shall be loaded in a manner to minimize spillage during haulage.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-638 Posting Traffic Rules

Traffic rules including speed, signals, and warning signs shall be posted.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-639 Reserved

Ariz. Admin. Code § R11-1-640 Reserved

Ariz. Admin. Code § R11-1-641 Reserved

Ariz. Admin. Code § R11-1-642 Reserved

Ariz. Admin. Code § R11-1-643 Reserved

Ariz. Admin. Code § R11-1-644 Reserved

Ariz. Admin. Code § R11-1-645 Reserved

Ariz. Admin. Code § R11-1-646 Reserved

Ariz. Admin. Code § R11-1-647 Reserved

Ariz. Admin. Code § R11-1-648 Reserved

Ariz. Admin. Code § R11-1-649 Reserved

Ariz. Admin. Code § R11-1-650 Reserved

Ariz. Admin. Code § R11-1-651 Supplies, Materials, Etc., Not Transported with Men

Supplies, materials and tools other than small hand tools shall not be transported with men on mantrip cars. Mantrips shall be operated independently of ore and supply trips.

History

Former Rule 6:51.

Ariz. Admin. Code § R11-1-652 Warning from Chute Pulling Operations

Ample warning shall be given to men who may be affected by a draw or otherwise exposed to danger from chute pulling operations.

History

Former Rule 6:52.

Ariz. Admin. Code § R11-1-653 Danger from Chute Being Pulled

Workers shall not stand on broken rock or ore over draw points if there is danger that the chute will be pulled. Suitable platforms or safety lines shall be provided when work must be done in such areas.

History

Former Rule 6:53; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-654 Boarding and Leaving Moving Mantrip Cars

Where mantrips are used, discharge and boarding points shall be designated. Men shall not board or leave moving mantrip cars.

History

Former Rule 6:54.

Ariz. Admin. Code § R11-1-655 Movement of Rock or Material Trains during Shift Changes

In underground mines during shift changes, the movement of rock or material trains shall be limited to areas where such trains could not present a hazard to men coming on or going off shift.

History

Former Rule 6:55.

Ariz. Admin. Code § R11-1-656 [REPEALED]

History

Former Rule 6:56; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-657 Warning Where Overhead Clearance Restricted

Where overhead clearance is restricted, warning devices shall be installed and the restricted area shall be conspicuously marked.

History

Former Rule 6:57.

Ariz. Admin. Code § R11-1-658 Stockpile and Muckpile Faces Trimmed

Stockpile and muckpile faces shall be trimmed to prevent hazards to personnel.

History

Former Rule 6:58.

Ariz. Admin. Code § R11-1-659 Position of Signalman during Slushing Operations

When a signalman is used during slushing operations, he shall be positioned in a safe place.

History

Former Rule 6:59.

Ariz. Admin. Code § R11-1-660 Slushers in Excess of 10 Horsepower

Unless the operator is otherwise protected, slushers in excess of 10 horsepower shall be provided with backlash guards. All slushers shall be equipped with rollers and drum covers and anchored securely before slushing operations are started.

History

Former Section R11-1-532 renumbered as Section R11-1-660 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-661 Walking or Riding on a Moving Conveyor Prohibited

Walking or riding on a moving conveyor is prohibited unless it is designed for the transportation of persons. Suitable crossovers shall be provided where it is necessary to cross conveyors.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-662 Reserved

Ariz. Admin. Code § R11-1-663 Crossovers - Substantial, Provided with Handrails, Well Maintained

Crossovers, elevated walkways, elevated ramps, and stairways shall be of substantial construction, provided with handrails, and maintained in good condition. Where necessary, toeboards shall be provided.

History

Former Section R11-1-703 renumbered as Section R11-1-663 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-664 Railed Walkways Where Persons Walk along Conveyors

Walkways with outboard railings shall be provided wherever persons are required to walk alongside elevated conveyor belts. Inclined railed walkways shall be nonskid or provided with cleats.

History

Former Section R11-1-704 renumbered and amended as Section R11-1-664 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-665 Cleaning Pulleys of Conveyors

Pulleys of conveyors shall not be cleaned manually while the conveyor is in motion.

History

Former Section R11-1-706 renumbered as Section R11-1-665 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-666 Before Starting Conveyor

When the entire length of a conveyor is visible from the starting switch, the conveyor operator shall visually check to make certain that all persons are in the clear before starting the conveyor. When the entire length of a conveyor is not visible from the starting switch, a positive audible or visible warning system shall be installed and operated to warn persons that the conveyor will be started.

History

Former Section R11-1-707 renumbered as Section R11-1-666 effective August 18, 1980 (Supp. 80-4).

Article 7 TRAVELWAYS AND ESCAPEWAYS

Ariz. Admin. Code § R11-1-701 [REPEALED]

History

Former Rule 7:01; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-702 [REPEALED]

History

Former Rule 7:02; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-703 Renumbered

History

Former Rule 7:03; Former Section R11-1-703 renumbered as Section R11-1-663 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-704 Renumbered

History

Former Rule 7:04; Former Section R11-1-704 renumbered and amended as Section R11-1-664 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-705 [REPEALED]

History

Former Rule 7:05; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-706 Renumbered

History

Former Rule 7:06; Former Section R11-1-706 renumbered as Section R11-1-665 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-707 Renumbered

History

Former Rule 7:07; Former Section R11-1-707 renumbered as Section R11-1-666 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-708 Reserved

Ariz. Admin. Code § R11-1-709 Reserved

Ariz. Admin. Code § R11-1-710 Reserved

Ariz. Admin. Code § R11-1-711 Fire and Evacuation Procedures

All employees involved in the escape and evacuation plan for an underground operation shall be instructed at least once each calendar year on current escape and evacuation plans, fire alarm signals, and applicable procedures to be followed in case of fire or other emergency. New employees shall receive such instructions before going underground. Whenever an employee is assigned to work in another area of the mine, he shall be instructed on the escapeway for that area at the time of such assignment. However, employees who normally work in more than one area of the mine shall be instructed at least once each calendar year in the location of escapeways for all areas of the mine in which they normally work or travel. Whenever a change is made in escape and evacuation plans and procedures for any area of the mine, all affected employees shall be instructed of such change. Records of instruction shall be kept for two years.

History

Former Rule 7:11.

Ariz. Admin. Code § R11-1-712 Refuge Areas

Any refuge area shall be:

1. Of fire resistant construction, preferably in untimbered areas of the mine.

Large enough to accommodate readily the normal number of men in the particular area of the mine.

3. Constructed so they can be made gas tight.

Provided with compressed air lines, water lines, suitable hand tools and stopping materials.

History

Former Rule 7:12.

Ariz. Admin. Code § R11-1-713 Posting Evacuation Information in Underground Mines

In underground mines, information shall be posted and made available showing escape routes, directions of principal air flow, locations of telephones, fire doors and ventilation doors.

History

Former Rule 7:13.

Ariz. Admin. Code § R11-1-714 Telephone or Other Voice Communications Provided Underground

Telephone or other voice communications shall be provided between the surface in any underground refuge chambers and such systems shall be independent of the mine power supply.

History

Former Rule 7:14.

Ariz. Admin. Code § R11-1-715 Designated Escapeways Inclined More Than 30°Shall be Equipped with Stairways, Etc

Designated escapeways inclined more than 30 degrees horizontal shall be equipped with stairways, ladders, cleared walkways or emergency hoisting facilities.

History

Former Rule 7:15.

Ariz. Admin. Code § R11-1-716 Underground Mine Evacuation Drills

Underground mine evacuation drills shall be held for each shift once every six months. These evacuation drills shall involve all employees on each shift and shall include:

1. Activation of fire alarm system.

2. Evacuation of all men from their work areas to the surface of designated central evacuation points at some time other than shift change.

Records of such drills, showing the time and date, shall be kept for at least two years after each drill.

History

Former Rule 7:16.

Ariz. Admin. Code § R11-1-717 Underground Escape and Evacuation Plan

A specific escape and evacuation plan and revisions thereof suitable to the conditions and mining system of the mine and showing assigned responsibilities of all key personnel in the event of an emergency shall be developed by the operator and set out in written form. Within 45 calendar days after promulgation of this standard, a copy of the plan and revisions thereof shall be available to the Mine Inspector or his authorized representative. Also, copies of the plans and revisions thereof shall be posted at locations convenient to all persons on the surface and underground. Such a plan shall be updated as necessary and shall be reviewed jointly by the operator and the inspector or his authorized representative at least once every six months from the date of the last review. The plan shall include:

1. Mine maps or diagrams showing directions of principal air flow, location of escape routes and locations of existing telephones, primary fans, primary fan controls, fire doors, ventilation doors, and refuge chambers. Appropriate portions of such maps or diagrams shall be posted at all shaft stations and in underground shops, lunchrooms, and elsewhere in working areas where men congregate.

2. Procedures to show how the miners will be notified of emergency.

3. An escape plan for each working area in the mine to include instructions showing how each working area should be evacuated. Each such plan shall be posted at appropriate shaft stations and elsewhere in working areas where men congregate.

4. A fire fighting plan.

5. Surface procedure to follow in an emergency, including the notification of proper authorities, preparing rescue equipment, and other equipment which may be used in rescue and recovery operations.

6. A statement of the availability of emergency communication and transportation facilities, emergency power and ventilation and location of rescue personnel and equipment.

7. Evacuation routes shall be posted with conspicuous signs.

History

Adopted effective April 7, 1976 (Supp. 76-2). Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-718 Self-rescue Devices Made Available

A suitable and properly maintained one-hour minimum capacity self-rescue device shall be made available by the operator to all personnel underground.

History

Adopted effective April 7, 1976 (Supp. 76-2). Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-719 Self-rescue Devices to be Worn Underground

A. Except as provided in subsections (B) and (C) of this Section, self-rescue devices meeting the requirements of standard R11-1-718 shall be worn or carried by all persons underground.

B. Where the wearing or carrying of self-rescue devices meeting the requirements of standard R11-1-718 is hazardous to a person, such self-rescue devices shall be located at a distance no greater than 25 feet from such person.

C. Where a person works on or around mobile equipment, self-rescue devices may be placed in a readily accessible location on such equipment.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-720 Emergency Training

A. All persons who are required to perform services underground shall be instructed on an annual basis in the Mine Safety and Health Administration approved course in Mine Emergency Training. The instruction to be given by persons who are certified by the Mine Safety and Health Administration Division of Education and Training Operations to give such instruction.

B. Records of all instruction shall be available for review by the Inspector.

History

Adopted effective April 7, 1976 (Supp. 76-2). Former Section R11-1-720 repealed, new Section R11-1-720 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-721 Nonslip Safety Shoes for Portable Ladders

Portable ladders other than stepladders shall be equipped with nonslip safety shoes. Whenever practical, ladders should be secured against tipping or falling.

History

Former Rule 7:21.

Ariz. Admin. Code § R11-1-722 Scaffolding, Staging or Temporary Work Platforms

All scaffolding, staging or temporary work platforms shall be adequate in strength and design and shall be secured against tipping or falling.

History

Former Rule 7:22.

Ariz. Admin. Code § R11-1-723 Adequate Ladders Provided

Adequate ladders and ladderways shall be provided wherever necessary. All fixed ladders shall be securely fastened and shall provide at least three inches of toe clearance. Ladders shall extend at least three feet above the top landings or substantial handholds shall be provided above the landings.

History

Former Rule 7:23.

Ariz. Admin. Code § R11-1-724 Tops of Manways and Open Holes Covered

Tops of manways and open holes shall be adequately covered or guarded.

History

Former Rule 7:24.

Ariz. Admin. Code § R11-1-725 Regularly Used Walkways and Travelways

Regularly used walkways and travelways should be sanded, salted or cleared of snow and ice as soon as practical.

History

Former Rule 7:25.

Ariz. Admin. Code § R11-1-726 Trap Doors or Adequate Guarding for Ladderways

Trap doors or adequate guarding shall be provided in ladderways at each level. Doors shall be kept operable.

History

Former Rule 7:26.

Ariz. Admin. Code § R11-1-727 Adequate Protection for Surface Ladders

Fixed ladders 70 degrees to 90 degrees from the horizontal and 30 feet or more in length shall have backguards, cages or equivalent protection, starting at a point not more than seven feet from the bottom of the ladders.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Article 8 ELECTRICITY

Ariz. Admin. Code § R11-1-801 New Electrical Equipment

New electrical equipment shall be installed, maintained and used in accordance with the National Electrical Code.

History

Former Rule 8:01.

Ariz. Admin. Code § R11-1-802 Electrical Equipment Maintenance

All electrical equipment shall be maintained so as to reduce the accident hazard so far as is reasonably possible.

History

Former Rule 8:02; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-803 Performing Electrical Work

Electrical work shall be performed or supervised by qualified persons.

History

Former Rule 8:03.

Ariz. Admin. Code § R11-1-804 Removal of "lock on Switch" from Electric Drills or Other Electrically Operated Hand Rotating Tools

Electric drills or other electrically operated hand rotating tools shall have the electric switch constructed so as to break the circuit when the hand releases the switch or shall be equipped with friction or safety devices, and shall be properly grounded.

History

Former Rule 8:04.

Ariz. Admin. Code § R11-1-805 [REPEALED]

History

Former Rule 8:05; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-806 "Tag out" necessary prior to work on lines or equipment

Switches which are open to permit work on lines or equipment must be tagged with warning signs and no persons, other than the person placing these signs or his supervisor may remove them. These warning signs must be signed and dated (including the time of day) by the person placing them.

History

Former Rule 8:06.

Ariz. Admin. Code § R11-1-807 Electrical Equipment Properly Grounded

A. All electrical equipment, motors, switch boxes, controllers, cable casings, both underground and surface, must be properly grounded.

B. Equipment operating off portable A.C. power supply shall be frame grounded back to the generator.

History

Former Rule 8:07; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-808 Switches and Electric Controls on Electrical Equipment

Electrical equipment and circuits shall be provided with switches or other controls. Said switches or controls shall be of approved design and construction and shall be properly installed.

History

Former Rule 8:08.

Ariz. Admin. Code § R11-1-809 Trailing Cables of Mobile Equipment

Individual overload protection or short circuit detection shall be provided for the trailing cables of mobile equipment.

History

Former Rule 8:09.

Ariz. Admin. Code § R11-1-810 Trailing Cable and Power Cable Connections

Trailing cable and power cable connections to junction boxes shall not be made or broken under load.

History

Former Rule 8:10.

Ariz. Admin. Code § R11-1-811 Installation of High Potential Transmission Cables

High potential transmission cables shall be covered, insulated, or placed according to acceptable electrical codes to prevent contact with low potential circuits.

History

Former Rule 8:11.

Ariz. Admin. Code § R11-1-812 Moving Shovel Trailing Cables

Shovel trailing cables shall not be moved with the shovel dipper unless cable slings or sleds are used.

History

Former Rule 8:12.

Ariz. Admin. Code § R11-1-813 [REPEALED]

History

Former Rule 8:13; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-814 Transformer Enclosures Kept Locked

Transformer enclosures shall be kept locked against unauthorized entry.

History

Former Rule 8:14.

Ariz. Admin. Code § R11-1-815 Principal Power Switches Shall be Labeled

Principal power switches shall be labeled to show which units they control unless identification can be made readily by location.

History

Former Rule 8:15.

Ariz. Admin. Code § R11-1-816 Provisions for Shock Hazards at Switchboards and Power Control Switches

Dry wooden platforms, insulating mat or other electrical nonconductive material shall be kept in place at all switchboards and power control switches where shock hazards exist. However, metal plates on which a person normally would stand and which are kept at the same potential as the grounded metal, noncurrent carrying parts of the power switches to be operated may be used.

History

Former Rule 8:16.

Ariz. Admin. Code § R11-1-817 Posting Danger Signs

Suitable danger signs shall be posted at all major electrical installations.

History

Former Rule 8:17.

Ariz. Admin. Code § R11-1-818 Grounding Metal Buildings, Metal Fencing and Switch Gear

Metal fencing and metal buildings enclosing transformers and switch gear shall be grounded.

History

Former Rule 8:18.

Ariz. Admin. Code § R11-1-819 Circuits De-energized

Circuits shall be de-energized before fuses are removed or replaced. Fuse tongs or hot-line tools shall be used when fuses are removed or replaced in high potential circuits.

History

Former Rule 8:19; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-820 Switches and Starting Boxes

Switches and starting boxes shall be of safe design and capacity.

History

Former Rule 8:20.

Ariz. Admin. Code § R11-1-821 Precautions Taken for Moving Equipment under Energized Power Lines

When equipment must be moved under energized power lines and the clearance is less than ten feet, the power lines shall be de-energized or other precautions shall be taken.

History

Former Rule 8:21.

Ariz. Admin. Code § R11-1-822 Power Circuits De-energized, Switches "locked Out"

Power circuits shall be de-energized before work is done on such circuits unless hot-line equipment is used. Switches shall be locked out or other measures taken which shall prevent the power circuits from being energized without the knowledge of the individuals working on them. Such locks, signs, or preventive devices shall be removed only by the person who installed them or by authorized personnel.

History

Former Rule 8:22.

Ariz. Admin. Code § R11-1-823 Hand-held Electric Tools

Hand held electric tools shall not be operated at high potential voltages.

History

Former Rule 8:23.

Ariz. Admin. Code § R11-1-824 Guy Wires of Poles

Guy wires of poles supporting high-voltage transmission lines shall meet the requirements for grounding or insulator protection of the National Electrical Safety Code.

History

Former Rule 8:24.

Ariz. Admin. Code § R11-1-825 Telegraph, Telephone or Signal Wires Installed

Telegraph, telephone, or signal wires shall not be installed on the same crossarm with power conductors. When carried on poles supporting power lines, they shall be installed as specified by the National Electrical Safety Code.

History

Former Rule 8:25.

Ariz. Admin. Code § R11-1-826 Electrical Connections and Resistor Grids Guarded

Electrical connections and resistor grids that are difficult or impractical to insulate shall be guarded unless protection is provided by location.

History

Former Rule 8:26.

Ariz. Admin. Code § R11-1-827 Continuity and Resistance of Grounding Systems Tested

Continuity and resistance of grounding systems shall be tested by a competent person after installation, repair and modification; and annually thereafter, and records of the resistance measured during the most recent tests shall be made available for examination by the inspector.

History

Former Rule 8:27; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-828 Inspection and Cover Plates

Inspection and cover plates on electrical equipment and junction boxes shall be kept in place at all times except during testing and repairs.

History

Former Rule 8:28; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-829 Reserved

Ariz. Admin. Code § R11-1-830 Reserved

Ariz. Admin. Code § R11-1-831 Protection against Short Circuits and Lightning

Power lines, including trolley wires and telephone circuits shall be protected against short circuits and lightning.

History

Former Rule 8:31.

Ariz. Admin. Code § R11-1-832 Guarding and De-energizing Lines from Metallic Tools or Equipment

Where metallic tools or equipment can come in contact with trolley wires or bare power lines, the lines shall be guarded or de-energized.

History

Former Rule 8:32.

Ariz. Admin. Code § R11-1-833 Separating and Insulating Power Lines from Water Lines, Etc

Power lines shall be well separated or insulated from water lines, telephone lines, and air lines.

History

Former Rule 8:33.

Ariz. Admin. Code § R11-1-834 Transformers - Enclosed, 8 Ft. above Ground, or otherwise Protected

Transformers shall be totally enclosed or shall be placed at least 8 feet above the ground, or installed in a transformer house, or surrounded by a substantial fence at least 6 feet high and at least three feet from any energized parts, casings, or wiring.

History

Former Rule 8:34.

Ariz. Admin. Code § R11-1-835 Handling Energized Shovel or Drill Power Cable

No employee shall take hold of energized shovel or energized drill power cable without suitable equipment designed for such a job.

History

Former Rule 8:35.

Article 9 PERSONAL PROTECTION

Ariz. Admin. Code § R11-1-901 Suitable Protection against Falling

Suitable protection against falling shall be provided for any work required above ground or floor level.

History

Former Rule 9:01.

Ariz. Admin. Code § R11-1-902 Safety Belts and Lines Shall be Worn

Safety belts and lines shall be worn when men work where there is danger of falling. A second person shall tend the lifeline when bins, tanks or other dangerous areas are entered. Life jackets or belts shall be worn where there is danger from falling into water.

History

Former Rule 9:02.

Article 10 MATERIALS STORAGE AND HANDLING

Ariz. Admin. Code § R11-1-1001 Storage of Materials That Can Create Hazards

Materials that can create hazards if accidentally liberated from their container shall be stored in a manner that minimizes the dangers.

History

Former Rule 10:01.

Ariz. Admin. Code § R11-1-1002 Storage of Hazardous Materials, Labeling of Containers

Hazardous materials shall be stored in containers of the type approved for such use by recognized agencies. Such containers shall be labeled appropriately.

History

Former Rule 10:02.

Ariz. Admin. Code § R11-1-1003 Securing Compressed and Liquid Gas Cylinders

Compressed and liquid gas cylinders shall be secured in a safe manner.

History

Former Rule 10:03.

Ariz. Admin. Code § R11-1-1004 Valves on Compressed Gas Cylinders

Valves on compressed gas cylinders shall be protected by covers when being transported or stored, and by a safe location when the cylinders are in use.

History

Former Rule 10:04.

Ariz. Admin. Code § R11-1-1005 Suspended Loads

Men shall stay clear of suspended loads.

History

Former Rule 10:05.

Ariz. Admin. Code § R11-1-1006 Operator-carrying Overhead Cranes

Operator-carrying overhead cranes shall be provided with:

1. Bumpers at the end of each rail.

2. Automatic switches to halt uptravel of the blocks before they strike the hoist.

3. Effective audible warning signals within easy reach of the operator.

4. A means to lock out the disconnect switch.

History

Former Rule 10:06.

Article 11 HOISTS AND SHAFTS

Ariz. Admin. Code § R11-1-1101 Construction of Headframes and Material Used

The construction of any headframes and the material used therein shall be sufficiently strong and durable to assure its withstanding any working stress put upon it.

History

Former Rule 11:01.

Ariz. Admin. Code § R11-1-1102 Design of Headframes

All headframes shall be so designed that they will withstand a greater load than the calculated breaking strength of all hoisting attachments.

History

Former Rule 11:02.

Ariz. Admin. Code § R11-1-1103 Headframes Constructed of Flammable Material

Any headframes which are constructed of flammable material must be provided with adequate fire protection.

History

Former Rule 11:03.

Ariz. Admin. Code § R11-1-1104 The Sheave Wheel Platform and Stairway

The ladder or stairway leading to the sheave wheel platform shall have a handrail or other guarding as needed and the platform at the sheave wheel shall be protected with guard rails and toe boards.

History

Former Rule 11:04.

Ariz. Admin. Code § R11-1-1105 Reserved

Ariz. Admin. Code § R11-1-1106 Maintenance of Information Contained in Rope Record Book for Friction Hoists

A. The manager shall keep, or cause to be kept, at the mine, a book called the Rope Record Book in which shall be recorded the following information on friction hoist ropes:

1. A history of the rope, giving the date on which the rope was first put on.

2. Dates of shortening.

3. Dates and results of inspection and tests.

4. Date and reason for taking out of service for each occasion the rope is put into and taken out of service.

B. When a rope is put into service, the following information shall be entered into the Rope Record Book:

1. Name of person from whom purchased.

2. Date of purchase.

3. Date put on in present location.

4. Identification number of rope.

5. Name of shaft or winze and compartment in which rope is used.

6. Weight of shaft conveyance.

7. Weight of material carried, or weight or tension applied to guide or rubbing rope.

8. Maximum length of rope in service below sheave, or total length of guide or rubbing rope.

9. Maximum length of rope in service below sheave, or total weight of guide or rubbing rope.

10. Static factors of safety at conveyance suspension and on head sheave with rope fully let out, or at guide or rubbing rope suspension.

11. Date put in and removed from previous location, if any.

A copy of such entries shall be made available to the Mine Inspector at the hoisthouse.

C. No hoisting rope, tail rope, guide rope, or rubbing rope shall be used that is not accompanied by a certificate from the manufacturer giving the following information which shall be entered in the Rope Record Book:

1. Name and address of manufacturer.

2. Manufacturer's rope number.

3. Date of manufacture.

4. Diameter of rope in inches.

5. Weight per foot in pounds.

6. Rope construction.

7. Class of core.

8. Trade name of interior rope lubricant.

9. Number of wires in strands.

10. Grade of steel.

11. Diameter of wires in decimals of an inch.

12. Breaking stress of steel of which the wire is made in pounds per square inch.

13. Standard torsion test of wires.

14. Actual breaking load of rope, as provided by certificate by a recognized testing laboratory.

15. Length of rope.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1107 Safety Factors for Friction Hoist Ropes, Tail Ropes, and Guide and Rubbing Ropes

A. Hoisting rope installed on a friction hoist shall have a factor of safety of not less than that determined from the following formula: F. of S. = 8.0 - .0005d, where "d" is the maximum length of rope suspended below the head sheave in feet.

B. For friction hoists, the factor of safety in the hoisting ropes shall be not less than 5.5 for any depth of shaft when the ropes are installed.

C. The factor of safety of tail ropes shall be not less than 7 when installed.

D. The factor of safety of guide and rubbing ropes shall be not less than 5 when installed.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1108 Use of Hoisting Rope, Tail Rope, Guide or Rubbing Rope on Friction Hoist

A. No hoisting rope on a friction hoist shall be used in a shaft or winze of a mine where, in any part of the rope:

1. The existing strength has decreased to less than 90% of the original strength of the rope.

2. The extension of a test piece has decreased to less than 60% of its original extension when tested to destruction.

3. The number of broken wires in any section of the rope equalling the length of one lay of the rope exceeds six.

4. Marked corrosion occurs.

5. The rate of stretch in a friction hoisting rope begins to show a rapid increase over the normal stretch noted during its service.

B. No tail rope, guide or rubbing rope shall be used in shaft where, in any part of the rope:

1. The existing strength has decreased to less than 75% of the original strength of the rope.

2. The extension of a test piece has decreased to less than 60% of its original extension when tested to destruction.

3. The number of broken wires in any section of the rope equalling the length of one lay exceeds six.

4. Marked corrosion occurs.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1109 Drum Diameter of Friction Hoist

The drum diameter of every friction hoist shall not be less than 80 times the diameter of the rope in use.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1110 Design of Friction Hoist Drives, Controls, and Brakes

Friction hoist drives, controls, and brakes shall be so designed and maintained that slippage of the rope on the drum will not occur under normal operating conditions.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1111 Inspection of Friction Hoist Rope Treads

Friction rope treads shall be inspected regularly and maintained in good condition.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1112 Installation of Tapered Guides or Other Approved Installations on Friction Hoists

Friction hoist installations shall be equipped with tapered guides or other approved devices which shall be installed above and below the limits of regular travel of the conveyance and arranged so as to brake and stop an overwind or overtravel occurring in the event of failure of the device.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1113 Emergency Stopping Device for Friction Hoists

A device shall be provided which will initiate emergency stopping to bring the drum to rest in the event of occurrence of slip between the hoisting rope or ropes and the hoist drum, such as might occur with a conveyance or counterweight jammed in the shaft or caught at the end of the travel.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1114 Emergency Stopping Device Provided for Friction Hoists when Tail Rope Is Used

A device shall be provided which will initiate emergency stopping action in the event of abnormal movement of the tail rope loop when a tail rope is used.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1115 Means Provided to Adjust Depth Indicator on Friction Hoist

Means shall be provided on a friction hoist to adjust the depth indicator and protective device on the hoist to the position of the conveyance in the shaft.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1116 Level of Water and Spillage in Shaft Sump when Friction Hoist Used

Water and spillage in a shaft sump in mine shall be kept at such a level at all times that:

Tail ropes have clear passage.

Guide and rubbing rope connections and tension devices are clear.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1117 Positions of Hoisting Ropes within Clamps, for Friction Hoists, Examined

On friction hoist installations, after every six months of service, the positions of the hoisting rope within the clamps shall be changed, if practicable, or that portion of the rope within the clamps shall be thoroughly cleaned and examined.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1118 Manufacturer Shall Provide Certificate Giving Maximum Rated Unbalanced Load and Maximum Rated Suspended Load for Friction Hoist

Every friction hoist shall be accompanied by a certificate from the manufacturer, or an independent person approved by the Mine Inspector, giving the maximum rated unbalanced load and the maximum rated suspended load of the hoist, and the hoist shall not be located beyond the maximum loads so specified.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1119 Alterations of Friction Hoist Capacity Prohibited

No alterations designed to increase the hoisting capacity shall be made to a friction hoist unless approval is given by its manufacturers or an independent person approved by the Mine Inspector.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1120 Determination of Maximum Material Load Allowed on Conveyance of Friction Hoist

The maximum material allowed on the conveyance of a friction hoist shall be determined from the lesser of the following calculations:

1. Maximum allowable suspended load on the hoist, less the weight of the hoisting ropes, less the weight of tail ropes, less the weight of the conveyances and attachments.

2. The breaking strength of the rope, divided by the required factor of safety, minus the maximum weight of rope suspended in one compartment, minus the weight of the conveyance and attachments in that compartment; and where multiple ropes are used, the lowest breaking strength at any rope shall be used for all ropes in load calculations.

3. The unbalanced load on the hoist as rated by the manufacturer, which shall not be exceeded.

4. The maximum allowable load on any conveyance, which shall not be greater than that for which the conveyance was rated by the manufacturer.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1121 Inspection of Shafts Used for Hoisting or Lowering Men

All compartments of shafts used for hoisting or lowering men shall be inspected at least once every two weeks and a record of such inspection shall be kept.

History

Former Rule 11:21.

Ariz. Admin. Code § R11-1-1122 Protection from Falling Ground

In shaft sinking, adequate protection from falling ground must be provided. The timber, steel, roof bolts, concrete or any device used for restraining ground must be kept a reasonable distance from the bottom of the shaft.

History

Former Rule 11:22.

Ariz. Admin. Code § R11-1-1123 [REPEALED]

History

Former Rule 11:23; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1124 Platform Suspended by Wire Ropes in Shaft Sinking

In shaft sinking where a platform is suspended by wire ropes, such ropes shall have an approved rate for the suspended load.

History

Former Rule 11:24.

Ariz. Admin. Code § R11-1-1125 Rope Guides

Where rope guides are used in shafts, they shall be of locked coil construction.

History

Former Rule 11:25.

Ariz. Admin. Code § R11-1-1126 Substantial Platforms Required for Shaft Inspection and Repair Work

Shaft inspection and repair work in vertical shafts shall be performed from substantial platforms equipped with bonnets or equivalent over-head protection.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1127 Use of Crane in Shaft Sinking Operations

In shaft sinking operations where a crane is used, the allowable depth shall be 125 feet from shaft collar.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1128 Reserved

Ariz. Admin. Code § R11-1-1129 Reserved

Ariz. Admin. Code § R11-1-1130 Reserved

Ariz. Admin. Code § R11-1-1131 Mine Hoist Drives

All mine hoists shall consist of one of the following drives:

1. V-belt driven and not less than four V-belts with a designed safety factor of 10.

2. Gear driven. Fiber gears shall not be used.

3. Friction driven.

4. Direct drive.

There shall be no chain-driven hoists used for underground operations. All hoists other than automatic hoists must have hand-operated brakes and the brakes must be on the drum.

History

Former Rule 11:31; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1132 Rated Capacities of Hoists

Hoists shall have rated capacities consistent with the loads handled and the recommended safety factor of the ropes used.

History

Former Rule 11:32.

Ariz. Admin. Code § R11-1-1133 Automatic Hoists

Automatic hoists shall be provided with devices that automatically apply the brakes in the event of power failure.

History

Former Rule 11:33.

Ariz. Admin. Code § R11-1-1134 Flanges on Drums

Flanges on drums should extend radially a minimum of three rope diameters beyond the last wrap.

History

Former Rule 11:34.

Ariz. Admin. Code § R11-1-1135 Maximum Fleet Angle

The maximum fleet angle shall not exceed one and one-half degrees for smooth drums and two degrees for grooved drums.

History

Former Rule 11:35.

Ariz. Admin. Code § R11-1-1136 Brakes on Man Hoists

Any hoist used to hoist men shall be equipped with a brake or brakes fully capable of holding a fully loaded cage, skip or bucket at any point in the shaft.

History

Former Rule 11:36.

Ariz. Admin. Code § R11-1-1137 Lock Mechanism on Hoists to Prevent Accidental Clutch Withdrawal

The operating mechanism of the clutch of every man hoist's drum shall be provided with a lock mechanism, or be interlocked electrically or mechanically with the brake to prevent accidental withdrawal of the clutch.

History

Former Rule 11:37.

Ariz. Admin. Code § R11-1-1138 Devices for Man Hoists to Prevent Overtravel

Man hoists shall be provided with devices to prevent overtravel and overspeed and shall be anchored securely.

History

Former Rule 11:38.

Ariz. Admin. Code § R11-1-1139 Indicator of Cage, Skip Bucket or Cars

An accurate and reliable indicator of the position of the cage, skip bucket or cars in the shaft shall be provided.

History

Former Rule 11:39.

Ariz. Admin. Code § R11-1-1140 Placement of Hoist Controls

Hoist controls shall be placed or housed so that the noise from machinery or other sources will not prevent hoistmen from hearing signals.

History

Former Rule 11:40.

Ariz. Admin. Code § R11-1-1141 Physical Examination for Hoisting Engineers and Trainees

The hoisting engineers and hoistmen trainees, at the beginning of employment, and annually thereafter, shall be given a physical examination by a competent physician to determine their physical ability to safely operate such hoists. A certificate or letter, attesting to the currency of such examinations, shall be posted in the hoist house for examination by the State Mine Inspector.

History

Former Rule 11:41; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1142 Hoisting Engineer's Duties While Hoist in Motion

Only authorized persons shall be in hoist rooms. The hoisting engineer shall hold no conversation with anyone while the hoist is in motion or while attending to signals.

History

Former Rule 11:42; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1143 Due Caution While Hoist in Motion

The hoisting engineer shall familiarize himself with all signals and use due caution at all times especially when men are being hoisted or lowered.

History

Former Rule 11:43.

Ariz. Admin. Code § R11-1-1144 Hoisting Engineer Report All Defects

The hoisting engineer shall report all defects in the shaft, hoist or bell cord to his supervisor as soon as possible.

History

Former Rule 11:44.

Ariz. Admin. Code § R11-1-1145 Hoisting Engineer Must Understand Signal

The hoisting engineer shall not move the cage, skip or bucket until a signal is received and he completely understands the signal.

History

Former Rule 11:45.

Ariz. Admin. Code § R11-1-1146 If Hoist down for Eight Hours

If for any reason the hoist has been down for eight hours or more, the engineer shall run his cage through the shaft before hoisting or lowering men.

History

Former Rule 11:46.

Ariz. Admin. Code § R11-1-1147 Hoisting Engineer Qualifications

The hoisting engineer must be able to read, write and speak the English language.

History

Former Rule 11:47.

Ariz. Admin. Code § R11-1-1148 Experienced Hoistmen Shall Operate Hoist

Only experienced hoistmen shall operate the hoist except in cases of emergency and in the training of new hoistmen.

History

Former Rule 11:48.

Ariz. Admin. Code § R11-1-1149 Hoisting Engineer Shall Familiarize Himself with All Signals

The hoisting engineer shall familiarize himself with all signals and use due caution at all times, especially when men are being hoisted or lowered.

History

Former Rule 11:49.

Ariz. Admin. Code § R11-1-1150 Notification to Hoisting Engineer when Men Are Working in Compartment

Hoistmen shall be informed when men are working in a compartment affected by the hoisting operation and a "Men Working in Shaft" sign shall be posted at the hoist, at the shaft collar and at all devices controlling hoisting operations that may endanger such men.

History

Former Rule 11:50.

Ariz. Admin. Code § R11-1-1151 Renumbered

History

Former Rule 11:51; Former Section R11-1-1151 renumbered and amended as Section R11-1-148 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1152 Hoist Ropes Inspected

Hoist ropes must be inspected regularly and a record of these inspections kept.

History

Former Rule 11:52.

Ariz. Admin. Code § R11-1-1153 Discarding of Wire Cable or Rope Used for Hoisting

All wire cable or rope which is used for hoisting or lowering employees or other persons shall be discarded for such use when:

1. There are six broken wires in pitch length of cable or rope.

2. The wires on the crown are worn 65% or more of their original diameter.

3. More than three wires which have been reduced by wear more than 30% in cross section are broken in one strand of the cable or rope lay.

4. Marked corrosion appears.

5. The minimum safety factor falls below approved specifications.

History

Former Rule 11:53.

Ariz. Admin. Code § R11-1-1154 Splicing Wire Cable or Hoisting Rope

It is strictly forbidden to splice any wire cable or rope which is used in hoisting or lowering employees.

History

Former Rule 11:54.

Ariz. Admin. Code § R11-1-1155 Static-load Safety Factors for Selecting Ropes for Hoisting Men

The following static-load safety factors shall be used for selecting ropes to be used for hoisting men and for determining when such ropes shall be removed from man hoists:

Length of rope in shaft feet	Minimum factor of safety (new rope)	Minimum factor of safety (remove)
500 or less	8	6.4
501 - 1,000	7	5.8
1,001 - 2,000	6	5.0
2,001 - 3,000	5	4.3
3,001 - or more	4	3.6

History

Former Rule 11:55.

Ariz. Admin. Code § R11-1-1156 Attaching the Rope to the Load

The rope shall be attached to the load by the thimble-and-clip method, the socketing method, or other approved method. If the socketing method is employed, zinc or its equivalent shall be used. The use of Babbit metal or lead for socketing wire ropes is prohibited. If the thimble-and-clip method is used, the following shall be observed:

1. The rope shall be attached to the load by passing one end around an oval thimble that is attached to the load bending the end back so that it is parallel to the long or "live" end of the rope and fastening the two parts of the rope together with clips.

2. The U-bolt of each clip shall encircle the short or "dead" end of the rope and the distance between clips shall not be less than the figures given in the accompanying table.

3. As a minimum the following number of clips or equivalent shall be used for various diameters of six-strand 19-wire plow steel ropes (follow manufacturer's recommendations for other kinds of wire rope and clips):

Diameter of rope inches	Number of clips	Center-to-center spacing of clips, inches
3/4	4	4 1/2
7/8	4	5 1/4
1	4	6
1 1/8	5	6 3/4
1 1/4	5	7 1/2
1 3/8	6	8 1/4
1 1/2	6	9
1 5/8	6	9 3/4
1 3/4	7	10 1/2
1 7/8	8	11 1/4
2	8	12
2 1/8	8	13
2 1/4	8	14

For all ropes less than three-quarter inch in diameter, at least four clips or equivalent shall be used.

5. When special conditions require the attachment of a sling to the hoisting cable to handle equipment in the shaft, the sling shall be attached by clips or equivalent in accordance with the table in subsection (3) of this standard.

History

Former Rule 11:56.

Ariz. Admin. Code § R11-1-1157 Inspection of Materials

Hoist and rigging materials, cables, slings and hooks shall be inspected for defects as often as is necessary to ensure adequate safety for the operation and personnel involved.

History

Former Rule 11:57.

Ariz. Admin. Code § R11-1-1158 Use of Emergency Chains

Emergency chains shall be used from the cable to the cage in case of a breakage in the king bolt or clevis pin; and also between the upper and lower decks in case of a breakage of the connecting pins for these decks.

History

Former Rule 11:58.

Ariz. Admin. Code § R11-1-1159 Signal by the Cager

The cager shall, when men are being hoisted and lowered, see that the gates are closed before giving the signal to move the cage and shall be responsible for their closing.

History

Former Rule 11:59.

Ariz. Admin. Code § R11-1-1160 Cagers Shall Report All Defects

The cagers shall keep a careful watch over the cage during their shift's work and immediately report all defects for repair.

History

Former Rule 11:60.

Ariz. Admin. Code § R11-1-1161 Getting on Cages

Employees shall not crowd or rush while getting on cages.

History

Former Rule 11:61.

Ariz. Admin. Code § R11-1-1162 After Signal Given to Move Cage

No person shall attempt to enter or leave the cage after a signal to move the cage has been given.

History

Former Rule 11:62.

Ariz. Admin. Code § R11-1-1163 Signal to Move Cage

To release the cage, the signal shall be given while standing upon the station and not upon the cage.

History

Former Rule 11:63.

Ariz. Admin. Code § R11-1-1164 Use of Metal Bonnet

Man cages and skips used for hoisting or lowering employees or other persons in any vertical shaft or any inclined shaft with an angle or inclination of 45% from the horizontal shall be covered with a metal bonnet.

History

Former Rule 11:64.

Ariz. Admin. Code § R11-1-1165 Providing Means for Blocking Cars when Hoisted

Where mine cars are hoisted by cage or skip, means for blocking cars shall be provided at all landings and also on the cage.

History

Former Rule 11:65.

Ariz. Admin. Code § R11-1-1166 Reporting Materials or Tools Dropped in Shaft

If an employee drops any materials or tool down the shaft, he shall immediately report the same to the hoisting engineer, who will have the shaft inspected before continuing regular work.

History

Former Rule 11:66.

Ariz. Admin. Code § R11-1-1167 Hoisting Materials or Tools

When hoisting or lowering tools, timber or other material in the shaft, the ends, if projecting above the top of the cage of the bucket, shall be securely lashed to the cable or to the upper part of the cage; and tools, timbers or other materials loaded erectly upon a cage shall be securely lashed before being hoisted or lowered.

History

Former Rule 11:67.

Ariz. Admin. Code § R11-1-1168 Testing of Safety Devices

A. The safety dogs on any conveyance used to lower or hoist men must be tested at least once every 24 hours during regular operation. If the mine is shut down for more than eight hours, the safety dogs must be tested before lowering men. A record of such inspection shall be kept and signed by the person making the test.

B. Hoistmen shall examine their hoists and shall test overtravel, position indicators, and braking mechanisms at the beginning of each shift. A record of such inspection shall be kept in the hoisthouse and must be signed by the person making the test.

History

Former Rule 11:68; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1169 Smoking on Conveyance Used to Lower or Hoist Men, Ore or Equipment

No person shall smoke on any conveyance used to lower or hoist men, ore or equipment.

History

Former Rule 11:69.

Ariz. Admin. Code § R11-1-1170 No Open Hooks Used to Hoist

No open hooks shall be used to hoist equipment or materials in any shaft.

History

Former Rule 11:70.

Ariz. Admin. Code § R11-1-1171 Use of Buckets to Hoist Men

Buckets shall not be used to hoist men except during the shaft sinking operations, inspection, maintenance and repair.

History

Former Rule 11:71.

Ariz. Admin. Code § R11-1-1172 Buckets to Hoist Men during Shaft Sinking

Buckets used to hoist men during vertical shaft sinking operations shall have:

1. Crossheads equipped with safety devices and protective bonnets when the shaft depth exceeds 50 feet.

2. Devices to prevent accidental dumping.

Sufficient depth to transport men safely in a standing position.

History

Former Rule 11:72.

Ariz. Admin. Code § R11-1-1173 Lowering of Conveyances

Conveyances shall not be lowered by the brakes alone except in emergencies.

History

Former Rule 11:73; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1174 Hoisting Materials and Men in Same Shaft

Rocks or supplies shall not be hoisted in the same shaft as men during shift changes unless the compartments and dumping bins are partitioned to prevent spillage into the cage compartment.

History

Former Rule 11:74.

Ariz. Admin. Code § R11-1-1175 Lowering and Hoisting Buckets

A. Buckets shall be stopped about 15 feet from the bottom to await a signal from one of the crew on the bottom for further lowering. After the bucket is loaded, it shall be raised about three feet from the bottom of the shaft and stabilized before the second signal is given.

B. After hoisting signal is given, hoisting to the crosshead shall be at a slow or minimum speed. The signaling device shall be attended constantly until a bucket reaches the guides. When persons are hoisted, the signaling devices shall be attended until the crosshead has been reached.

History

Former Rule 11:75; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1176 Approved Methods of Signaling

There shall be at least two effective approved methods of signaling between each of the shaft stations and hoist room, one of which shall be a telephone or speaking tube.

History

Former Rule 11:76.

Ariz. Admin. Code § R11-1-1177 Gates for Shaft Landings

Shaft landing shall be equipped with substantial safety gates, so constructed that materials will not go through or under them. Gates shall be closed except when loading or unloading shaft conveyances.

History

Former Rule 11:77.

Ariz. Admin. Code § R11-1-1178 Stop Blocks

Positive stop blocks or a derail switch shall be installed on all tracks leading to a shaft collar or landing.

History

Former Rule 11:78.

Ariz. Admin. Code § R11-1-1179 Getting on or off Moving Cage

No employee shall get on or off a moving cage, bucket or crosshead, nor shall he open cage doors while the cage is moving.

History

Former Rule 11:79.

Ariz. Admin. Code § R11-1-1180 Method Provided to Signal Hoist Operator from Cage

A method shall be provided to signal the hoist operator from cages or other conveyances at any point in the shaft.

History

Former Rule 11:80.

Ariz. Admin. Code § R11-1-1181 Reserved

Ariz. Admin. Code § R11-1-1182 Diesel or Fuel-injection Engine Used to Power Hoist

Where any diesel or similar fuel-injection engine is used to power a hoist, the engine shall be equipped with a damper or other cutoff in its air intake system. The control handle shall be clearly labeled to indicate that its intended function is for emergency stopping only.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1183 Renumbered

History

Adopted effective April 7, 1976 (Supp. 76-2). Former Section R11-1-1183 renumbered and amended as Section R11-1-338 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1184 Cable Secured to Hoist Drum

The end of the rope at the drum shall make at least one full turn on the drum shaft, or a spoke of the drum in the case of a free drum, and shall be fastened securely by means of rope clips or clamps. There shall be three full turns of cable or rope on the hoisting drum when the cable or rope is extended to its maximum working length. This rule does not apply to friction hoists.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1185 Location of Hoisting Signal Devices during Shaft Sinking

Hoisting signal devices shall be positioned within easy reach of persons on the shaft bottom or constantly attended by a person stationed on the lower deck of the sinking platform.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1186 Construction of Loading Pockets

Dumping facilities and loading pockets shall be constructed so as to minimize spillage into the shaft.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1187 Reserved

Ariz. Admin. Code § R11-1-1188 Reserved

Ariz. Admin. Code § R11-1-1189 Reserved

Ariz. Admin. Code § R11-1-1190 Elevator Inspection

A. Every elevator located at mining operations shall be installed and maintained under the provisions of the "American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks".

B. Every elevator shall have an identification number for recordkeeping purposes. Such number shall be on a tag so located as to be available for inspection.

C. Every elevator shall be inspected at time of installation and then at least once each year.

D. A Certificate of Inspection shall be issued at such time elevator has been inspected and approved and shall be posted in a place determined by the Inspector.

E. The Inspector shall be notified prior to any installation, relocation or alteration of any elevator under his jurisdiction.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Article 12 UNDERGROUND OPERATIONS

Ariz. Admin. Code § R11-1-1201 Grizzlies Kept in Good Repair

Grizzlies shall be kept in good repair.

History

Former Rule 12:01.

Ariz. Admin. Code § R11-1-1202 Upon Entering Work Area Check for Hazards

Upon entering a working place employees shall check carefully for hazards such as loose ground and loose timber, bootlegs and missed holes, shall check muck piles for unexploded powder and caps and shall wet down the working area if the ground conditions permit.

History

Former Rule 12:02.

Ariz. Admin. Code § R11-1-1203 Transformer Stations to be Enclosed

Transformer stations shall be enclosed to prevent persons from unintentionally or inadvertently contacting energized parts.

History

Former Rule 12:03.

Ariz. Admin. Code § R11-1-1204 Use of Grizzlies

Grizzlies shall be used, or adequate guards provided, where muck is dumped or slushed into a raise.

History

Former Rule 12:04.

Ariz. Admin. Code § R11-1-1205 Carrying Material on Shoulder

No employee shall carry any material on his shoulder while walking under trolley wires.

History

Former Rule 12:05.

Ariz. Admin. Code § R11-1-1206 Ventilation Procedures in Case of Mine Fire

In the event of a mine fire, no employee shall attempt any change in ventilation procedures unless so authorized.

History

Former Rule 12:06.

Ariz. Admin. Code § R11-1-1207 Roof Bolting in Unstable Ground

Employees engaged in roof bolting in unstable ground shall use stulls and headboards to protect themselves until such time as the bolts are installed and properly tightened.

History

Former Rule 12:07.

Ariz. Admin. Code § R11-1-1208 Winze or Raise in Direct Line with Haulage Drift

No winze or raise shall be in a direct line with a haulage drift unless such a location is essential to the usage to which the winze or raise is to be put. In such exceptions, guards and protective covering must be provided so that hazards of personnel are no greater than would exist if the winze or raise was not in a direct line with haulage drift.

History

Former Rule 12:08.

Ariz. Admin. Code § R11-1-1209 Access to Unattended Underground Mine Openings

Access to unattended underground mine openings shall be restricted by gates or doors and the openings shall be fenced and posted.

History

Former Rule 12:09.

Ariz. Admin. Code § R11-1-1210 Loading and Drilling at Same Time

Loading and drilling at the same time in the same working place is prohibited.

History

Former Rule 12:10.

Ariz. Admin. Code § R11-1-1211 Chute Tapping

A bar used in chute tapping must be blunt on one end.

History

Former Rule 12:11; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1212 [REPEALED]

History

Former Rule 12:12; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1213 Taking "short Cuts"

All workmen shall be forbidden to take "short cuts" across or through dangerous places and shall travel the regular passageway provided for such purpose.

History

Former Rule 12:13.

Ariz. Admin. Code § R11-1-1214 Throwing Tools or Material down a Manway

No workman shall throw tools or material down a manway or raises unless there is a person at the bottom instructed to warn other employees.

History

Former Rule 12:14.

Ariz. Admin. Code § R11-1-1215 Scaling or Barring-down

Where manual scaling may be required at a work place, a scaling bar of sufficient length to place the user out of danger of falling material shall be provided. The scaling bar shall be blunt on the end held by the user. Picks or other short tools shall not be used for scaling when their use places the user in danger of falling material.

History

Former Rule 12:15; Former Section R11-1-1215 repealed, new Section R11-1-1215 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1216 Removing Bits from Drill Steel

Only a tool constructed for this purpose shall be used to remove bits from drill steel.

History

Former Rule 12:16.

Ariz. Admin. Code § R11-1-1217 Dangerous Places Fenced

All dangerous places shall be properly fenced off and proper danger signals shall be so hung on such fencings that they may be plainly seen.

History

Former Rule 12:17.

Ariz. Admin. Code § R11-1-1218 Collars of Open Draw Holes Kept Free

Collars of open draw holes shall be kept free of muck and material.

History

Former Rule 12:18.

Ariz. Admin. Code § R11-1-1219 Removing Men to Safe Places before Blasting

In areas where dangerous accumulations of water, gas, mud, or fire atmosphere could be encountered, men shall be removed to safe places before blasting.

History

Former Rule 12:19.

Ariz. Admin. Code § R11-1-1220 Renumbered

History

Former Rule 12:20; Former Section R11-1-1220 renumbered as Section R11-1-149 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1221 [REPEALED]

History

Former Rule 12:21; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1222 Headlight, Reflector or Tail Light on Trains

The headlight on the front end of the motor shall be kept lighted at all times when the motor is in use. A reflector or tail light must be on the last car of the train.

History

Former Rule 12:22.

Ariz. Admin. Code § R11-1-1223 Workmen Shall Never Walk Alongside Any Moving Train

Workmen shall never walk alongside any train or motor while same is in motion; workmen stationing themselves alongside a drift when a train is passing should do so in such a manner that they are protected in case of derailments.

History

Former Rule 12:23.

Ariz. Admin. Code § R11-1-1224 Train Speed when Passing Men in Drifts

Train speed shall be reduced when train is passing men in drifts.

History

Former Rule 12:24.

Ariz. Admin. Code § R11-1-1225 [REPEALED]

History

Former Rule 12:25; Repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1226 Impaired Overhead Clearance

Where impaired overhead clearance exists, no person may ride or be placed on top of a motor.

History

Former Rule 12:26.

Ariz. Admin. Code § R11-1-1227 Train Shall be Pulled

Trains shall be pulled when practical rather than pushed.

History

Former Rule 12:27.

Ariz. Admin. Code § R11-1-1228 Plugging of the Trolley Locomotives or Battery Motors

Plugging of the trolley locomotives or battery motors not designed for this method of operation shall be permissible IN CASE OF EMERGENCY ONLY.

History

Former Rule 12:28.

Ariz. Admin. Code § R11-1-1229 While Car Is in Motion

No one shall sit or stand on the car edge while it is in motion.

History

Former Rule 12:29.

Ariz. Admin. Code § R11-1-1230 No One Shall Climb over Cars While Moving

No one shall climb over cars without first making sure the train is not going to move. No one shall climb over trains where there is a live trolley wire.

History

Former Rule 12:30.

Ariz. Admin. Code § R11-1-1231 Pulling Plugs on Mancha Battery Motors

Plugs must be pulled on Mancha battery motors when operator leaves cab.

History

Former Rule 12:31.

Ariz. Admin. Code § R11-1-1232 Men Working in Haulage Drifts

Men working in haulage drifts must keep the drifts clear of obstruction.

History

Former Rule 12:32.

Ariz. Admin. Code § R11-1-1233 Operating a Motor While out of the Cab

No one shall attempt to operate a motor while out of the cab.

History

Former Rule 12:33.

Ariz. Admin. Code § R11-1-1234 Men Pulling Chutes in Safe Location

Chute loading installations shall be designed so that men pulling chutes are not required to assume hazardous positions while loading cars.

History

Former Rule 12:34.

Ariz. Admin. Code § R11-1-1235 A Motor Man Shall Receive a Signal from His Swamper or Loader before Moving Train

When coupling, uncoupling, re-railing cars, backing into a drift where men are working, or when spotting cars under chutes, a motor man shall not move his train or motor without first receiving a signal from his swamper or loader.

History

Former Rule 12:35.

Ariz. Admin. Code § R11-1-1236 Cars Shall Not be Coupled or Uncoupled by Hand

Cars shall not be coupled or uncoupled by hand where there is not ample room for a person to stand between sides of cars and side of drift. Cars shall not be coupled or uncoupled by hand while a train is in motion.

History

Former Rule 12:36.

Ariz. Admin. Code § R11-1-1237 Transportation of Tools, Materials and Equipment on Top of Motors and Locomotives

Tools, materials and equipment, except properly secured rerailing devices, shall not be carried on top of locomotives or motors unless permanently installed boxes have been provided for that purpose.

History

Former Rule 12:37; Former Section R11-1-1237 repealed, new Section R11-1-1237 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1238 Speed of Mantrips

Mantrips shall be operated at speeds consistent with the condition of tracks and equipment used.

History

Former Rule 12:38.

Article 13 OPEN PITS

Ariz. Admin. Code § R11-1-1301 Warning Devices on Mobile Equipment

Mobile equipment assigned to a working place shall be provided with:

1. Suitable warning devices visible at all times to the operator of the highest mobile equipment.

2. When the operator of heavy duty mobile equipment has an obstructed view to the rear, the equipment shall have either an automatic reverse signal alarm which is audible above the surrounding noise level, or an observer to signal when it is safe to back up.

History

Former Rule 13:01; Amended effective April 7, 1976 (Supp. 76-2). Former Section R11-1-1301 repealed, new Section R11-1-1301 adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1302 Dumping over Edge Not Permitted

Dumping over the edge of an undercut stockpile or undercut dumps shall not be permitted.

History

Former Rule 13:02.

Ariz. Admin. Code § R11-1-1303 Berms or Guards Shall be Provided

Berms or guards shall be provided on the outer banks of elevated roadways. A higher berm must be built from beginning of curve to end of curve, where applicable.

History

Former Rule 13:03; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1304 Men Shall Not Work between Equipment and Pit Wall

Men shall not work between equipment and the pit wall or bank where the equipment may hinder escape from falls or slide of the bank.

History

Former Rule 13:04.

Ariz. Admin. Code § R11-1-1305 Drill Holes Covered and Guarded

Drill holes large enough to constitute a hazard shall be covered and guarded.

History

Former Rule 13:05.

Ariz. Admin. Code § R11-1-1306 Drilling near Loaded Blast Holes

No drilling shall be done within 50 feet of loaded blast holes.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1307 Emergency Signaling Device on Drill Rigs

An emergency signaling device shall be available on rotary drill rigs.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1308 Repair of Heavy Truck Tires (1300 X 24 In. Size and Over)

A. All persons who work with tires and rims must fully understand the primary hazards of "Blow-Out" and "Blow-Off".

B. Tire roll-in cages to restrain possible blow-outs and blow-offs while inflating tires shall not be used on tires over 1300 x 24 in. size.

C. When tire mounting, lock rings, flanges, and ring cutter shall be cleaned with a wire brush or buffer and inspected for the following defects: Distorted rims, distorted and twisted rings, rim or ring bent out of round, bent rims or ring bead, hair cracks in wheel at ring gutter area.

D. Deflate tires to 20 PSI before loosening wheel nuts.

E. Lock ring must be properly seated before tire is inflated to 20 PSI.

F. The air control valve shall be located some distance from the tire.

G. All personnel shall stand away from restraining device during inflation.

H. Tires, rims, and lock rings shall visually be inspected daily while in service. Any suspected part should be checked by magnetic-particle or dry-check methods.

I. A tire that has run flat shall never be inflated until it has been unmounted first.

J. Tire pressure shall be released by removing the valve core before making adjustments to ring and flange.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1309 Loose Material Stripped from Top of Pit Walls

Loose, unconsolidated material shall be stripped for a safe distance, but in no case less than 10 feet, from the top of pit or quarry walls.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1310 Moving a Drill

When a drill is being moved from one drilling area to another, drill steel, tools and other equipment shall be secured and the mast placed in a safe position.

History

Former Section R11-1-542 renumbered as Section R11-1-1310 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1311 Drill Controls during a Power Failure

In the event of power failure, drill controls shall be placed in the neutral position until power is restored.

History

Former Section R11-1-543 renumbered and amended as Section R11-1-1311 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1312 Straightening a Crossed Cable on a Reel

The drill stem shall be resting on the bottom of the hole or on the platform with the stem secured to the mast before attempts are made to straighten a crossed cable on a reel.

History

Former Section R11-1-544 renumbered as Section R11-1-1312 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1313 Drills in Operation

While in operation, drills shall be attended at all times.

History

Former Section R11-1-545 renumbered as Section R11-1-1313 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1314 Holding Drill Steel While Collaring Hole

Persons other than the operator shall not hold the drill steel while collaring holes or rest their hands on the chunk or centralizer while drilling.

History

Former Section R11-1-546 renumbered and amended as Section R11-1-1314 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1315 Drill Bit in Operation

Persons shall not be on a mast while the drill-bit is in operation. Drill crews and others shall stay clear of augers or drill stems that are in motion. A person shall not pass under or step over a moving stem or auger.

History

Former Section R11-1-541 renumbered and amended as Section R11-1-1315 effective August 18, 1980 (Supp. 80-4).

Article 14 SAND AND GRAVEL OPERATIONS

Ariz. Admin. Code § R11-1-1401 Sand and Gravel Operations Subject to Statutes and Rules

All sand and gravel operations shall be subject to all statutes and rules generally applicable to operations subject to the jurisdiction of the Mine Inspector, together with all statutes and rules applicable to open pit.

History

Former Rule 14:01.

Ariz. Admin. Code § R11-1-1402 Aggregate Mining Operation Community Notice Fee

The application fee for a community notice for a new aggregate mining operation or for a major modification of an approved community notice filed pursuant to A.R.S. § 27-442 is $1,000.

History

Former Rule 14:02 repealed effective August 18, 1980 (Supp. 80-4). New Section made by exempt rulemaking at 9 A.A.R. 3140, effective June 25, 2003 (Supp. 03-2).

Ariz. Admin. Code § R11-1-1403 [REPEALED]

History

Former Rule 14:03 repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1404 [REPEALED]

History

Former Rule 14:04 repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1405 [REPEALED]

History

Former Rule 14:05 repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1406 [REPEALED]

History

Former Rule 14:06 repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1407 [REPEALED]

History

Former Rule 14:07 repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1408 [REPEALED]

History

Former Rule 14:08 repealed effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1409 [REPEALED]

History

Former Rule 14:09 repealed effective August 18, 1980 (Supp. 80-4).

Article 15 ACID PLANTS AND LEACHING

Ariz. Admin. Code § R11-1-1501 Instruction on Use of Personal Protective Equipment to Employees

All employees who work with sulfuric acid or other strong chemicals shall be taught the correct use of personal protective equipment available and be required to wear this equipment when handling sulfuric acid or other strong chemicals.

History

Former Rule 15:01.

Ariz. Admin. Code § R11-1-1502 Storage and Distribution of Acid

Acid shall be stored in properly vented steel tanks, drums or other approved containers. All distribution lines shall be of recommended size and approved material. (See REFERENCES at end of Article.)

History

Former Rule 15:02.

Ariz. Admin. Code § R11-1-1503 Persons Working on or with Acid Storage or Distribution Shall Wear Approved Eye and Body Protectors

Approved eye protection, such as chemical safety goggles (dust tight), shall be worn by employees working on or with acid storage or distribution and shall be required for normal repair work. For a very hazardous job, additional approved type protection shall be provided such as full length face shield, boots, gloves and up to complete protective suits and hoods for maximum exposure.

History

Former Rule 15:03.

Ariz. Admin. Code § R11-1-1504 Open Lights, Flames, Etc., Forbidden near Acid Storage

Open lights, flames and spark-producing tools and equipment are forbidden in the vicinity of acid storage vessels and distribution lines where their use might cause an explosion.

History

Former Rule 15:04.

Ariz. Admin. Code § R11-1-1505 Welding, Burning or Cutting Restrictions on Acid Storage Tanks, Etc

All acid storage tanks, drying towers, absorption towers, and lines shall be vented, cleaned, purged and tested for explosive mixture before welding, burning or cutting on them is permitted.

History

Former Rule 15:05.

Ariz. Admin. Code § R11-1-1506 Acid Spillage Shall be Removed Immediately

Acid spillage shall be removed immediately by flushing the contaminated area with water or by neutralizing the chemical with soda ash, limestone, quicklime or some other absorbent material.

History

Former Rule 15:06.

Ariz. Admin. Code § R11-1-1507 Authorized Personnel

Only authorized personnel will be permitted to operate any equipment in an acid plant.

History

Former Rule 15:07.

Ariz. Admin. Code § R11-1-1508 Personal Protective Clothing Cleaned up after Each Use

Personal protective clothing (except disposable clothing which must be discarded), tools and equipment must be thoroughly cleaned up and cared for after each use.

History

Former Rule 15:08.

Ariz. Admin. Code § R11-1-1509 Before Work Started on Acid Storage Tanks, Inspection Procedure Approved

The hazardous nature of inspection, cleaning or repair of large acid storage tanks requires that specific procedures be formulated in advance and approved by the responsible supervisor before work is started.

History

Former Rule 15:09.

Ariz. Admin. Code § R11-1-1510 Potable Water Immediately Available

Potable water shall be immediately available at the site where acid handling or work on the acid system is being carried on. This will require hauling water where showers and hoses are not conveniently located.

History

Former Rule 15:10.

Ariz. Admin. Code § R11-1-1511 Safety Showers and Eye Wash Fountains; Emergency Water

A. Readily accessible, well marked, rapid action safety showers and eye wash fountains must be available in the areas where acid is being handled. Showers shall have deluge type heads, easily accessible, plainly marked and controlled by quick opening valves of the type that stay open. They should be capable of supplying large quantities of water. Eye wash fountains shall be immediately available for eye irrigation. This equipment shall be inspected and tested at regular intervals, preferably daily during freezing weather, to make sure it is in good working condition at all times.

B. When safety showers and water hoses are not conveniently located, emergency water shall be immediately available at the site where acid handling or work on acid systems is being carried on.

History

Former Rule 15:11; Amended effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1512 First-aid Procedures Must be Posted

First aid must be started immediately in all cases of contact with sulfuric acid. First-aid procedures must be posted at each unloading or loading site.

History

Former Rule 15:12.

Ariz. Admin. Code § R11-1-1513 Flush Acid from Eyes

Flush acid from eyes by irrigating for at least 15 minutes with a slow stream of water. This is mandatory. There is no alternative.

History

Former Rule 15:13.

Ariz. Admin. Code § R11-1-1514 Medical Aid

Medical attention shall be obtained as soon as possible after first-aid measures have been carried out. Ambulances should contain first-aid kits for the treatment of acid burns.

History

Former Rule 15:14.

Ariz. Admin. Code § R11-1-1515 Maintenance of Plant Equipment Used in Any Acid Service

The maintenance of plant equipment used in any acid service shall be the responsibility of designated supervisors who shall make periodic inspections of acid facilities.

History

Former Rule 15:15.

Ariz. Admin. Code § R11-1-1516 Reporting Suspected Leaks or Equipment Failure

Each employee is responsible for reporting to his immediate supervisor all suspected leaks or equipment failure.

History

Former Rule 15:16.

Ariz. Admin. Code § R11-1-1517 Tank Trucks, General

DOT Regulations (Section 177.834) require that tank motor vehicles be attended during loading and unloading. If it becomes necessary for the attendants to leave the operation, transfer of the acid must be stopped. There must be a signaling device which is easily activated in case of emergency.

History

Former Rule 15:17.

Ariz. Admin. Code § R11-1-1518 Fittings and other Equipment (see REFERENCES at End of Article)

A. The packing and lubricant for pumps, glands, etc., must be of a material recommended for acid handling.

B. The pump glands, flanged fittings, and valve stems will be provided with splash shields or collared in cases where personnel would be exposed to acid leaks or sprays if acid should escape. The use of colored shields will assist personnel in detecting incipient leaks before they become serious.

C. Where access to the top of the tank truck is needed, the spot will be provided with stairs and platform. Non-combustible construction is preferred. Overhead loading lines will be counterweighted with a pulley and weight system or equivalent.

D. Storage tanks shall be clearly marked with the wording "Sulfuric Acid" or "Hydrochloric Acid," etc. (preferably painted yellow).

E. Approved volume gauges shall be provided for storage tanks.

F. Hose being used to convey acid in loading and unloading will be inspected regularly and replaced or repaired immediately if it becomes worn or a leak appears.

History

Former Rule 15:18.

Ariz. Admin. Code § R11-1-1519 Unloading

A. Tank trucks will be visually inspected for leaks before they are allowed to enter the plant.

B. Unloading should be performed only during daylight hours. When it is necessary to unload at night, proper and adequate lighting should be provided around the tank truck and the working areas involved in the operation.

C. It is mandatory that the truck pad be arranged so liquid spillage will drain away from the truck and exposed structures. The pad will be of sufficient length to allow the truck and trailer a minimum of four-foot clearance at each end of two-foot clearance on each side. Because of the hazard of backing equipment into roadways and the possible need to move a truck quickly from the unloading place, it will be so arranged that the truck can be driven away in a forward direction.

D. Only qualified and properly instructed employees will operate the truck and make the hook-up of the hose from the tank truck to the receiving tank.

E. Before connecting for unloading, the truck engine will be stopped and not started again during the entire unloading operation until it is necessary to operate the pump by power take-off or to use the truck engine to operate compressors as a source of air for air pressure unloading.

F. Truck parking brakes will be set and, where necessary, the wheels blocked.

G. A sign will be placed at all areas where acid is loaded and unloaded, calling attention to the hazard.

H. Whether unloading by pump or air, the piping will, if possible, be arranged so the acid will drain toward the storage tank when the pump is shut down or when the discharge valve is closed.

I. When unloading line must be run across a walkway, suitable warning signs will be provided to denote the hazard.

J. Before starting to vent or connect, a water hose will be connected and ready for emergency use and the emergency shower and eye bath will be tested.

K. Wherever practicable, unloading will be accomplished by pumping. Whether pumping or unloading by air pressure, observe the following procedure:

1. Operate the relief valve to vent the tank.

2. Remove blind flange from air inlet line.

3. Leave this line open during pumping.

4. After making certain there is no air pressure, remove blind flange from standpipe and connect unloading line to standpipe.

L. If transfer is by means of air pressure, connect air line and apply air slowly until there is a normal flow of acid into the storage tank. Between the reducing valve and tank truck there shall be a safety valve set at not to exceed 25 lbs. pressure. If unloading by gravity, the reducing valve will be set at 10 lbs. pressure and at 20 lbs. pressure if not unloading by gravity. When the tank truck is empty, shut off the air and operate the relief valve to vent off the pressure. After pressure has been vented, disconnect the air line. Do not disconnect the acid unloading line until the tank truck is at atmospheric pressure and the tank truck standpipe drained. After disconnecting the acid unloading line, replace blind flanges on standpipe and air line.

M. Safety chains shall be used at all acid hose connections where the hose would whip if it came loose.

History

Former Rule 15:19.

Ariz. Admin. Code § R11-1-1520 Applying Air to a Tank Truck

The applying of air to a tank truck and then moving the truck to another location for unloading will not be permitted.

History

Former Rule 15:20.

Ariz. Admin. Code § R11-1-1521 Storage Tanks Lower Than Unloading Site

Where practical, storage tanks shall be lower than the unloading site.

History

Former Rule 15:21.

Article 16 SMELTERS

Ariz. Admin. Code § R11-1-1601 Walking or Standing Directly on Reverb Arch

No one shall walk or stand directly on the reverb arch or any part of the flue system, while in operation, except in an emergency situation. In such event, adequate safeguards and supervision will be provided to assure safety.

History

Former Rule 16:01; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1602 Avoid Splashing or Exploding of Molten Material

Avoid anything that will cause molten material to splash or explode; keep water away from molten material except where water is required by the process.

History

Former Rule 16:02.

Ariz. Admin. Code § R11-1-1603 Employees Shall be Adequately Protected

Employees engaged in tapping, charging or skimming operations or any similar procedure shall be adequately protected from the hazards of the work by proper shielding if practical or, in its absence, by adequate individual protective covering. It is the duty of all such persons to use the shields and appliances provided.

History

Former Rule 16:03; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1604 Employees Shall Stand Clear of Furnace Operations

Employees shall stand clear of furnace operations such as skimming, tapping, charging, refining, and casting, unless actually engaged in the work or suitably protected.

History

Former Rule 16:04.

Ariz. Admin. Code § R11-1-1605 Employees Shall Not Enter Area Unless Authorized

Employees shall not enter any flue, dust chamber, furnace, tank or tunnel unless authorized and properly equipped.

History

Former Rule 16:05.

Ariz. Admin. Code § R11-1-1606 Transporting Material with a Crane, Audible Signal Sounded

Separate and distinctive signals shall be sounded when rolling converters and when transporting hot metal.

History

Former Rule 16:06; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1607 Dumping Slag in a New Place

Before dumping slag in a new place, care shall be taken to see that no employee, person or persons will be endangered by the hot slag and that no explosion hazard exists at the dumping place.

History

Former Rule 16:07.

Ariz. Admin. Code § R11-1-1608 Wet Bars

Wet bars shall not be put in molten matte.

History

Former Rule 16:08.

Ariz. Admin. Code § R11-1-1609 Newly Cleaned and Mudded Matte Launders

Extreme caution should be used around newly cleaned and mudded matte launders when matte first starts to flow. Verbal notice shall be given person or persons when tapping newly cleaned launders.

History

Former Rule 16:09; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1610 Employees Working at the Burner End of the Reverb Furnace

Employees working at the burner end of the reverb furnace should be on the alert for returning converter slag.

History

Former Rule 16:10.

Ariz. Admin. Code § R11-1-1611 Employees Alert of Crane Movement

Employees should be on the alert and observe direction of crane movement at all times.

History

Former Rule 16:11.

Ariz. Admin. Code § R11-1-1612 Employees Should Stay out of the Converter Aisle

Employees should stay out of the converter aisle while loads are being hauled by the crane, unless their work requires that they be there. Supervisors shall take proper measures to assure the safety of persons required to stay working in converter aisle.

History

Former Rule 16:12; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1613 When in Converter Aisles, Avoid Slag Spouts

When in converter aisles, employees should not stand under or near slag spouts, or in any location where there is danger of dripping metal or falling objects.

History

Former Rule 16:13.

Ariz. Admin. Code § R11-1-1614 Employees Shall Not Overfill Ladles

Employees shall not overfill slag, matte or molten copper ladles. Supervision shall take precautions for the safety of employees in the area for all overfills caused by runways beyond the control of employees.

History

Former Rule 16:14; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1615 Authorized Persons in Crane Cab

Only authorized persons shall be allowed in the crane cab.

History

Former Rule 16:15.

Ariz. Admin. Code § R11-1-1616 Ladles Carefully Poured

Ladles should be carefully poured to minimize spills. Every ladle or slag pot shall be examined before molten material is placed therein.

History

Former Rule 16:16; Amended effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1617 Breaking Material on Skull Breaker and Trimming Bullion Bars

Appropriate goggles or face shields shall be provided and used when breaking material on the skull breaker and when trimming bullion bars.

History

Former Rule 16:17.

Ariz. Admin. Code § R11-1-1618 Coupling and Uncoupling Cars

Cars should be coupled and uncoupled carefully. Feet shall not be used to align couplings.

History

Former Rule 16:18.

Ariz. Admin. Code § R11-1-1619 Trains Stopped before Uncoupling

Trains should be stopped before they are uncoupled. The wheels of slag pot cars left behind should be blocked to prevent runaways.

History

Former Rule 16:19.

Ariz. Admin. Code § R11-1-1620 During Electrical Storms, Slag Trains Kept Inside

Trolley operated slag trains should be kept in the smelter building during electrical storms and trolley pole removed from trolley wire.

History

Former Rule 16:20.

Ariz. Admin. Code § R11-1-1621 Access to Converter Aisle Limited

Access to the converter aisle must be limited to people authorized by the company.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1622 Equipment in Converter Aisle

Equipment shall not enter the converter aisle or slag tap area unless authorization has been secured from the supervisor in charge of the area.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1623 Reserved

Ariz. Admin. Code § R11-1-1624 Hoist Cable on Cranes

Hoist cable on all cranes shall conform to the American National Standards, ANSI-D-30.9-1971.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1625 Detection Equipment, Breathing Apparatus and Portable Resuscitating Apparatus Made Available

There shall be maintained in all plants, at designated places, N.I.O.S.H.-approved breathing apparatus, detection equipment and resuscitating equipment, all readily available to trained personnel for use where the atmosphere may contain dangerous concentrations of gases or vapors which may be hazardous to life.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1626 Reserved

Ariz. Admin. Code § R11-1-1627 Shielding and Protective Clothing Shall be Provided

Where required, proper shielding and protective clothing shall be used, particularly when working in extreme heat conditions, flue dust, or open fires.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1628 Signalmen Shall be Assigned when Mechanical Signals Fail

Alternate signaling procedures shall be established to cover mechanical failures where needed.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1629 Cabs Pressurized and Ventilated

All cabs on hot metal crane shall be pressurized or have suitable ventilating air meeting the requirements of R11-1-404.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1630 Converter Cranes Equipped with Safety Glass

All converter cranes shall be equipped with safety glass or equivalent.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1631 Reserved

Ariz. Admin. Code § R11-1-1632 Entry into Hot Vessels, Precautions

When extreme heat conditions exist, sufficient cooling time shall be allowed before persons are allowed to enter converters, roasters, and reactors. Protective clothing shall be used when applicable. A supervisor shall be present when workers are in the vessel and determine when the vessel has cooled sufficient to allow safe access.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1633 When Gassy Conditions Exist

When heavy dust, smoke or greasy conditions exist in any area, only those workers who are properly equipped with personal protective devices will be allowed into the area.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1634 Spout Doors

Spout doors must be maintained in an operable condition.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1635 Environmental Hazards Monitoring

A. Where there is a potential for exposure of workers to specific environmental hazards which may adversely effect safety or health, those hazards shall be periodically monitored by the mine operator. The operator shall promptly initiate appropriate action to correct unfavorable conditions.

B. A record that hazard monitoring was conducted shall be kept by the operator for a period of one year and shall be made available for review by the Inspector.

History

Adopted effective August 18, 1980 (Supp. 80-4).

Article 17 AERIAL TRAMWAYS

Ariz. Admin. Code § R11-1-1701 Guard Nets or Other Suitable Protection

Guard nets or other suitable protection shall be provided where aerial tramways pass over roadways, walkways or buildings.

History

Former Rule 17:01.

Ariz. Admin. Code § R11-1-1702 Riding Aerial Tramways

Persons other than maintenance men shall not ride aerial tramways unless the following features are provided:

1. Two independent brake feet capable of holding the maximum load.

2. Power drives with emergency power available in case of primary power failure.

3. Men shall not ride loaded buckets or aerial tramways.

4. Direct communication between terminals.

5. Buckets equipped with positive locks to prevent accidental tripping or dumping.

History

Former Rule 17:02.

Ariz. Admin. Code § R11-1-1703 Starting Aerial Tramways

Where possible, aerial tramways shall not be started until the operator has ascertained that everyone is in the clear.

History

Former Rule 17:03.

Article 18 GASSY MINES

Ariz. Admin. Code § R11-1-1801 Gassy Mines Operated in Accordance with Mandatory Standards

Gassy mines shall be operated in accordance with all mandatory standards in this part. Such mines shall also be operated in accordance with the mandatory standards in this Section. The standards in this Section apply only to underground operations.

History

Former Rule 18:01.

Ariz. Admin. Code § R11-1-1802 Classifying Mines Gassy

A mine shall be deemed gassy and thereafter operated as a gassy mine if:

1. The State Mine Inspector classifies the mine as gassy; or

2. Flammable gas emanating from the orebody or the strata surrounding the orebody has been ignited in the mine; or

3. A concentration of 0.25% or more, by air analysis, of flammable gas emanating only from the orebody or the strata surrounding the orebody has been detected not less than 12 inches from the back, face, or ribs in any open working; or

4. The mine is connected to a gassy mine.

History

Former Rule 18:02.

Ariz. Admin. Code § R11-1-1803 Flammable Gases Detected

Flammable gases detected while unwatering mines and similar operations shall not be used to class a mine gassy.

History

Former Rule 18:03.

Ariz. Admin. Code § R11-1-1804 Men Shall Not Smoke or Carry Smoking Materials Underground

Men shall not smoke or carry smoking materials, matches or lighters underground. The operator shall institute a reasonable program to ensure that persons entering the mine do not carry smoking materials, matches, or lighters. A "reasonable program" means, at the least, a personal search on an irregular basis by mine officials.

History

Former Rule 18:04.

Ariz. Admin. Code § R11-1-1805 Use of Open Flames

Except when necessary for welding or cutting, open flames shall not be used in other than fresh air or in places where flammable gases are present or may enter the air current.

History

Former Rule 18:05.

Ariz. Admin. Code § R11-1-1806 Welding or Cutting Underground

Welding or cutting with arc or flame underground in other than fresh air or in places where flammable gases are present or may enter the air current shall be under the direct supervision of a qualified person who shall test for flammable gases before and frequently during such operations.

History

Former Rule 18:06.

Ariz. Admin. Code § R11-1-1807 Welding or Cutting in Atmospheres Containing More Than 1.0% of Flammable Gases

Welding or cutting shall not be performed in atmospheres containing more than 1.0% of flammable gases. The concentration of flammable gases is to be determined by a device (approved by the Inspector) other than a permissible flame safety lamp.

History

Former Rule 18:07.

Ariz. Admin. Code § R11-1-1808 Ventilation, Main Fans - Installation

Main fans shall be:

1. Installed on the surface.

2. Powered electrically from a circuit independent of the mine power circuit. Internal combustion engines shall be used only for standby power or where electrical power is not available.

3. Installed in fireproof housing provided with fireproof air ducts.

4. Offset not less than 15 feet from the nearest side of the mine opening and equipped with ample means of pressure relief unless:

a. The opening is not in direct line with forces which would come out of the mine should an explosion occur, and

b. Another opening not less than 15 feet nor more than 100 feet from the fan opening is equipped with a weak-wall stopping or explosion doors in direct line with the forces which would come out of the mine should an explosion occur.

5. Installed to permit prompt reversal of airflow.

6. Attended constantly, or provided with automatic devices to give alarm when the fans slow down to stop. Such devices shall be replaced so that they will be seen or heard by responsible persons.

History

Former Rule 18:08.

Ariz. Admin. Code § R11-1-1809 Ventilation, Main Fans - Operation

Main fans should be:

1. Operated continuously except when the mine is shut down for an extended period.

2. Provided with pressure-recording gauges.

3. Inspected daily each day during which the fan is operated and records kept of such operations and of fan maintenance.

History

Former Rule 18:09.

Ariz. Admin. Code § R11-1-1810 Main Intake and Return Air Currents

The main intake and return air currents in mines should be in separate shafts, slopes, or drifts.

History

Former Rule 18:10.

Ariz. Admin. Code § R11-1-1811 Single Shafts Used for Intake and Return

When single shafts are used for intake and return the curtain wall or partition shall be constructed of reinforced concrete or equivalent and provided with pressure relief devices.

History

Former Rule 18:11.

Ariz. Admin. Code § R11-1-1812 When Main Fan Fails or Stops

When a main fan fails or stops and ventilation is not restored in a reasonable time, and in no event more than 15 minutes, action shall be taken to cut off the power to the areas affected and to withdraw all men from such areas.

History

Former Rule 18:12.

Ariz. Admin. Code § R11-1-1813 When There Has Been a Failure of Ventilation

When there has been a failure of ventilation and ventilation has been restored in a reasonable time, all active workings and travelways where flammable gas may have accumulated should be examined by qualified persons and determined to be free of flammable gas before power is restored and work resumed.

History

Former Rule 18:13.

Ariz. Admin. Code § R11-1-1814 When Ventilation Is Not Restored in a Reasonable Time

When ventilation is not restored in a reasonable time, and in no event more than 15 minutes, all men shall be removed from the areas affected and after ventilation has been restored, the areas affected shall be examined by qualified persons for gas and other hazards and made safe before power is restored and before men other than the examiners and other authorized persons return to the areas affected. The word "safe" as used in this rule means that the flammable gas concentration is not more than 1% and other hazards are no more hazardous than those experienced in routine normal mining operations.

History

Former Rule 18:14.

Ariz. Admin. Code § R11-1-1815 When Main Fan or Fans Have Been Shut Down

When the main fan or fans have been shut down with all men out of the mine, no person, other than those qualified to examine the mine, or other authorized persons, shall go underground until the fans have been started and the mine examined for gas and other hazards and declared safe.

History

Former Rule 18:15.

Ariz. Admin. Code § R11-1-1816 Booster Fans - Operation

Booster fans shall be:

1. Operated by permissible drive units maintained in permissible condition.

2. Operated only in air containing not more than 1% flammable gas.

History

Former Rule 18:16.

Ariz. Admin. Code § R11-1-1817 Booster Fans - Inspection, Equipment

Booster fans shall be:

1. Inspected by a qualified person at least once each shift during which the fan has been operated or provided with automatic devices to give alarm when the fan has slowed down or stopped.

2. Equipped with devices that automatically cut off the power in areas affected if the fans slow down or stop, when the fans are not provided with automatic alarm devices.

3. Provided with air locks, the doors of which open automatically if the fan stops operating.

History

Former Rule 18:17.

Ariz. Admin. Code § R11-1-1818 Auxiliary Fans - Operation

Auxiliary fans shall be:

1. Operated by permissible drive units maintained in permissible condition.

2. Operated only in air conditioning not more than 1.0% flammable gas.

History

Former Rule 18:18.

Ariz. Admin. Code § R11-1-1819 Auxiliary Fans - Inspection

Auxiliary fans should be:

1. Inspected by competent persons at least twice each shift.

History

Former Rule 18:19.

Ariz. Admin. Code § R11-1-1820 When Auxiliary or Booster Fans Slow down or Stop

Men shall be withdrawn from areas affected by auxiliary or booster fans when such fans slow down or stop.

History

Former Rule 18:20.

Ariz. Admin. Code § R11-1-1821 Volume and Velocity of the Current of Air

The volume and velocity of the current of air coursed through all active areas shall be sufficient to dilute and carry away flammable gases, smoke and fumes.

History

Former Rule 18:21.

Ariz. Admin. Code § R11-1-1822 Quantity of Air

The quantity of air coursed through the last open crosscuts in pairs or sets of entries or through other ventilation openings nearest the face shall be at least 6,000 cubic feet a minute.

History

Former Rule 18:22.

Ariz. Admin. Code § R11-1-1823 Measuring Quantity of Air at Least Once a Week

At least once each week, a qualified person shall measure the volume of air entering the main intakes and leaving the main returns, the volume of the intake and return of each split, and the volume through the last open crosscuts or other ventilation openings nearest the active faces. Records of such measurements shall be kept in a book on the surface.

History

Former Rule 18:23.

Ariz. Admin. Code § R11-1-1824 Permanently Installed Battery-charging and Transformer Stations

Permanently installed battery-charging and transformer stations should be ventilated by separate splits of air conducted directly to return air courses.

History

Former Rule 18:24.

Ariz. Admin. Code § R11-1-1825 Intake Air

Electrically operated pumps, compressors, and portable substations should be in intake air.

History

Former Rule 18:25.

Ariz. Admin. Code § R11-1-1826 Changes in Ventilation

Changes in ventilation that materially affect the main air current of any split thereof and may affect the safety of persons in the mine shall be made only when no work is being done in the mine other than that necessary to effect the ventilation change. Only those persons engaged in making such changes shall be permitted in the mine during the change. Power shall be removed from the areas affected by the change before work starts and not restored until the effect of the change has been ascertained and the affected areas determined to be safe by a qualified person.

History

Former Rule 18:26.

Ariz. Admin. Code § R11-1-1827 Flammable Gas in Excess of 1.0%

If flammable gas in excess of 1.0% by volume is detected in the air not less than 12 inches from the back, face, and rib of an underground working place, or in air returning from a working place or places, adjustments shall be made in the ventilation immediately so that the concentration of flammable gas in such air is reduced to 1.0% or less.

History

Former Rule 18:27.

Ariz. Admin. Code § R11-1-1828 Flammable Gas in Excess of 1.5%

If 1.5% or higher concentration of flammable gas is detected in air returning from an underground working place or places, the men shall be withdrawn and the power cut off to the portion of the mine endangered by such flammable gas until the concentration of such gas is reduced to 1.0% or less.

History

Former Rule 18:28.

Ariz. Admin. Code § R11-1-1829 Air Containing 0.25% or More of Flammable Gas

Air that has passed by an opening of any unsealed abandoned area and contains 0.25% or more of flammable gas shall not be used to ventilate working areas. Examinations of such air shall be conducted during the preshift examination required by R11-1-1847.

History

Former Rule 18:29.

Ariz. Admin. Code § R11-1-1830 Air Inaccessible for Inspection Shall Not be Used for Ventilation

Air that has passed through an abandoned panel or area which is inaccessible for inspection shall not be used to ventilate any active face workings in such mine. No air which has been used to ventilate an area from which the pillars have been removed shall be used to ventilate any active face workings in such mine, except that such air may be used to ventilate enough advancing working places or rooms immediately adjacent to the line of retreat to maintain an orderly sequence of pillars recovery on a set of entries.

History

Former Rule 18:30.

Ariz. Admin. Code § R11-1-1831 Abandoned Areas Shall be Sealed or Ventilated

Abandoned areas shall be sealed or ventilated; areas that are not sealed shall be barricaded and posted against unauthorized entry.

History

Former Rule 18:31.

Ariz. Admin. Code § R11-1-1832 Seals Shall be of Substantial Construction

Seals shall be of substantial construction. Exposed surfaces shall be made of fire-resistant material such as gunite-covered wood or material, asbestos sheeting, masonry, concrete or reinforced concrete, and steel or covered steel. If a commodity mined is combustible, seals should be made of incombustible material.

History

Former Rule 18:32.

Ariz. Admin. Code § R11-1-1833 Sampling of Atmosphere and Measurement of Pressure

One or more seals of every sealed area shall be fitted with a pipe and a valve or cap to permit sampling of the atmosphere and measurement of the pressure behind such seals.

History

Former Rule 18:33.

Ariz. Admin. Code § R11-1-1834 Crosscuts

Crosscuts shall be made at intervals not in excess of 100 feet between entries and between rooms.

History

Former Rule 18:34.

Ariz. Admin. Code § R11-1-1835 Crosscuts Closed

Crosscuts should be closed where necessary to provide adequate face ventilation.

History

Former Rule 18:35.

Ariz. Admin. Code § R11-1-1836 Line Brattice or Other Suitable Devices

Line brattice or other suitable devices shall be installed from the last open crosscut to a point near the face to assure positive air flow to the face of every active underground working place, unless the Inspector or his authorized representative permits an exception to this requirement.

History

Former Rule 18:36.

Ariz. Admin. Code § R11-1-1837 Brattice Cloth

Brattice cloth should be of fire-resistant material.

History

Former Rule 18:37.

Ariz. Admin. Code § R11-1-1838 Damaged Brattices

Damaged brattices shall be repaired promptly.

History

Former Rule 18:38.

Ariz. Admin. Code § R11-1-1839 Crosscuts Provided

Crosscuts should be provided, where practicable, at or near the faces of entries and rooms before they are abandoned.

History

Former Rule 18:39.

Ariz. Admin. Code § R11-1-1840 Entries or Rooms Shall Not be Started off Entries

Entries or rooms shall not be started off entries beyond the last open crosscuts, except that room necks and entries not to exceed 18 feet in depth may be turned off entries beyond the last open crosscuts if such room necks or entries are kept free of accumulations of flammable gas by use of line brattice or other adequate means.

History

Former Rule 18:40.

Ariz. Admin. Code § R11-1-1841 Stoppings in Crosscuts between Intake and Return Airways

Stoppings in crosscuts between intake and return airways, on entries other than room entries, should be built of solid, substantial material; exposed surfaces should be made of fire-resistant material such as gunite-covered wood or material, asbestos sheeting, masonry, concrete or reinforced concrete, and steel or covered steel. If the material mined is combustible, stoppings should be made of incombustible material.

History

Former Rule 18:41.

Ariz. Admin. Code § R11-1-1842 Stoppings Airtight

Stoppings should be reasonably airtight.

History

Former Rule 18:42.

Ariz. Admin. Code § R11-1-1843 Main Ventilation

The main ventilation shall be so arranged by means of air locks, overcasts, or undercasts that the passage of trips or persons does not cause interruptions of air currents. Where air locks are impracticable, single doors may be used if they are attended constantly while the areas of the mine affected by the doors are being worked, unless they are operated mechanically or are self-closing.

History

Former Rule 18:43.

Ariz. Admin. Code § R11-1-1844 Air Locks Shall be Ventilated Sufficiently

Air locks shall be ventilated sufficiently to prevent accumulations of flammable gas in concentrations greater than 1% inside the locks.

History

Former Rule 18:44.

Ariz. Admin. Code § R11-1-1845 Doors Shall be Kept Closed

Doors shall be kept closed except when men or equipment are passing through the doorways.

History

Former Rule 18:45.

Ariz. Admin. Code § R11-1-1846 Overcasts and Undercasts

Overcasts and undercasts should be:

1. Constructed tightly of incombustible material.

2. Of sufficient strength to withstand possible falls from the back.

3. Kept clear of obstructions.

History

Former Rule 18:46.

Ariz. Admin. Code § R11-1-1847 Preshift Examinations

Preshift examinations shall be made of all working areas by qualified persons within three hours before any workmen, other than the examiners, enter the mine.

History

Former Rule 18:47.

Ariz. Admin. Code § R11-1-1848 Qualified Examiners

Only qualified examiners and persons authorized to correct the dangerous conditions shall enter places or areas where danger signs are posted.

History

Former Rule 18:48.

Ariz. Admin. Code § R11-1-1849 Danger Signs Shall Not be Removed

Danger signs shall not be removed until the dangerous conditions have been corrected.

History

Former Rule 18:49.

Ariz. Admin. Code § R11-1-1850 Examinations for Dangerous Conditions

Examinations for dangerous conditions, including tests for flammable gas with a device approved by the Inspector should be made at least once each week, and at intervals of not more than seven days, by the mine foreman or other designated mine official, except during weeks in which the mine is idle for the entire week. The foreman or other designated mine official should:

1. Examine and make tests:

a. In the return of each split where it enters the main return,

b. On accessible pillar falls,

c. At seals,

d. In the main return,

e. In at least one entry of each intake and return airway in its entirety,

f. In idle workings,

g. In abandoned workings, insofar as conditions permit.

Mark his initials and the date at the place examined.

3. Report dangerous conditions, promptly to the mine operator or other designated person.

4. Record the results of his examination with ink or indelible pencil in a book kept for that purpose at a designated place on the surface of the mine.

History

Former Rule 18:50.

Ariz. Admin. Code § R11-1-1851 Prompt Action to Correct Dangerous Conditions

The mine foreman or other designated mine official should read and countersign promptly the reports of daily and weekly examinations by qualified persons and should take prompt action to have dangerous conditions corrected.

History

Former Rule 18:51.

Ariz. Admin. Code § R11-1-1852 Diesel-powered Equipment

Diesel-powered equipment shall not be taken into or operated in places where flammable gas exceeds 1.0% at any point not less than 12 inches from the back, face, and rib.

History

Former Rule 18:52.

Ariz. Admin. Code § R11-1-1853 Trolley Wires and Trolley Feeder Wires

Trolley wires and trolley feeder wires shall be on intake air and shall not extend beyond the last open crosscut or other ventilation opening. Such wires shall be kept at least 150 feet from pillar workings.

History

Former Rule 18:53.

Ariz. Admin. Code § R11-1-1854 Only Permissible Equipment Maintained

Only permissible equipment maintained in permissible condition shall be used beyond the last open crosscut or in places where dangerous quantities of flammable gases are present or may enter the air current.

History

Former Rule 18:54.

Ariz. Admin. Code § R11-1-1855 Only Permissible Distribution Boxes Shall be Used

Only permissible distribution boxes shall be used in working places and other places where dangerous quantities of flammable gas may be present or may enter the air current.

History

Former Rule 18:55.

Ariz. Admin. Code § R11-1-1856 Electrical Equipment

No electric equipment shall be taken into or operated in places where flammable gas can be detected in the amount of 1.0% or more at any point not less than 12 inches from the back, face, and rib.

History

Former Rule 18:56.

Ariz. Admin. Code § R11-1-1857 Illumination

Only permissible electric lamps shall be used for portable illumination underground.

History

Former Rule 18:57.

Ariz. Admin. Code § R11-1-1858 Explosives Not Designated Permissible by Bureau of Mines

Explosives not designated as permissible by the Bureau of Mines shall not be used in any underground gassy mine until the Bureau of Mines and State Inspector of Mines have given written approval for each such specific explosive to be used.

History

Former Rule 18:58.

Ariz. Admin. Code § R11-1-1859 Granting Approval of Unpermissible Explosives

The Bureau of Mines and the State Inspector of Mines, in granting approval referred to in R11-1-1858 above, shall provide the operator with a written list of conditions for using the specific explosives covered by the approval and adapted to the mining operation.

History

Former Rule 18:59.

Ariz. Admin. Code § R11-1-1860 Blasts in Gassy Mines Shall be Initiated Electrically

Blasts in gassy mines shall be initiated electrically, and multiple-shot blasts shall be initiated only with millisecond-delay detonators. Permissible blasting units of capacity suitable for the number of holes in a round to be blasted shall be used unless the round is fired from the surface when all men are out of the mine.

History

Former Rule 18:60.

Ariz. Admin. Code § R11-1-1861 Boreholes Stemmed

Boreholes shall be stemmed as prescribed for the explosives used.

History

Former Rule 18:61.

Ariz. Admin. Code § R11-1-1862 Examinations for Flammable Gas

Examinations for flammable gas shall be made immediately before and after firing each shot or round.

History

Former Rule 18:62.

Ariz. Admin. Code § R11-1-1863 Shots or Rounds Shall Not be Fired

Shots or rounds shall not be fired in places where flammable gas can be detected with a permissible flame safety lamp, or where 1.0% or more of flammable gas can be detected by any other Bureau of Mines approved device or method, at a point not less than 12 inches from the back, face, and rib.

History

Former Rule 18:63.

Ariz. Admin. Code § R11-1-1864 Shots or Rounds Should be Fired by Qualified Persons

Shots and rounds should be fired by qualified persons.

History

Former Rule 18:64.

Article 19 MISCELLANEOUS PROVISION

Ariz. Admin. Code § R11-1-1901 Failure of a Water or Silt Retaining Dam

If failure of a water or silt retaining dam will create a hazard, it shall be of substantial construction and inspected at regular intervals.

History

Former Rule 19:01.

Ariz. Admin. Code § R11-1-1902 Renumbered

History

Former Rule 19:02; Former Section R11-1-1902 renumbered as Section R11-1-130 effective August 18, 1980 (Supp. 80-4).

Ariz. Admin. Code § R11-1-1903 Prior Notification of Inspection

No employee of the State Mine Inspector's office shall advise or notify an operator of a mine, any employee of a mine, or a representative of the employee of a mine, that a health and safety inspection, or industrial hygiene study or survey, of a mine is imminent or about to be made, or the date on which such inspection, survey or study will be made.

History

Adopted effective April 7, 1976 (Supp. 76-2).

Ariz. Admin. Code § R11-1-1904 [REPEALED]

History

Adopted effective Dec. 21, 1976 (Supp. 76-5). Repealed effective August 18, 1980 (Supp. 80-4).

Article 20 STORAGE AND MIXING OF REAGENTS IN CONCENTRATORS

Ariz. Admin. Code § R11-1-2000 Chemicals, General

CHEMICALS IN ANY FORM CAN BE SAFELY STORED, HANDLED OR USED IF THE PHYSICAL, CHEMICAL AND HAZARDOUS PROPERTIES ARE FULLY UNDERSTOOD AND THE NECESSARY PRECAUTIONS, INCLUDING THE USE OF PROPER SAFEGUARDS AND PERSONAL PROTECTIVE EQUIPMENT ARE OBSERVED.

Hazardous chemicals: The following list of chemicals shall be classified as hazardous and rules shall so stipulate. The following list shall not be limited to the below mentioned chemicals:

Name	Threshold Limit Value
Ammonium Sulfide	1 Mg/M3 of air
Butyl Alcohol	100 P.P.M.
Calcium Cyanide
Carbon Disulfide	20 P.P.M.
Chlorine	1 P.P.M.
Cresylic Acid	5 P.P.M.
Hydrogen
Hydrogen Sulfide	10 P.P.M.
Methyl Isobutyl Carbinol	25 P.P.M.
Peroxide (+45% Strength)	1 P.P.M.
Phosphorous Pentasulfide	1 Mg/M3 of air
Sodium Cyanide	5 Mg/M3 of air
Sodium Hydrosulfide	None, Liberates H2S
Sodium Hydroxide	2 Mg/M3 of air
Sodium Metabisulfite
Sulphur Dioxide	5 P.P.M.
Sulfuric Acid	1 Mg/M3 of air

Ariz. Admin. Code § R11-1-2001 Good Housekeeping

Good housekeeping is a must in reagent storage, mixing and use.

History

Former Rule 20:01.

Ariz. Admin. Code § R11-1-2002 Personal Protective Equipment

Personal protective equipment shall be available for use in hazardous reagent mixing area.

History

Former Rule 20:02.

Ariz. Admin. Code § R11-1-2003 Safety Showers and Eye Wash Fountains

Safety showers and eye wash fountains shall be located in those areas where exposure to reagents could create a hazard to personnel.

History

Former Rule 20:03.

Ariz. Admin. Code § R11-1-2004 Adequate Fire Protection

Adequate fire protection shall be provided for storage and mixing areas.

History

Former Rule 20:04.

Ariz. Admin. Code § R11-1-2005 Self-contained Breathing Equipment in Mills Where Hazardous Reagents Are Present

Mills where hazardous reagents are present shall have self-contained breathing equipment available. Men on each shift shall be trained in the use of this equipment.

History

Former Rule 20:05.

Ariz. Admin. Code § R11-1-2006 Distinctive Warning Device

A distinctive warning device will be installed in all areas of mills where the production of toxic or noxious fumes or gases is possible. Such a device is to alert personnel of the need to evacuate the building.

History

Former Rule 20:06.

Ariz. Admin. Code § R11-1-2007 Error or Omission in These Rules and Regulations

No error or omission in these rules and regulations shall be construed as permitting an unsafe, unhealthy or unsanitary condition to exist.

History

Former Rule 20:07.

Ariz. Admin. Code § R11-1-2008 Reserved

Ariz. Admin. Code § R11-1-2009 Reserved

Ariz. Admin. Code § R11-1-2010 Reserved

Ariz. Admin. Code § R11-1-2011 Reserved

Ariz. Admin. Code § R11-1-2012 Reserved

Ariz. Admin. Code § R11-1-2013 Reserved

Ariz. Admin. Code § R11-1-2014 Reserved

Ariz. Admin. Code § R11-1-2015 Tanks Labeled

All tanks must be labeled as to contents.

History

Former Rule 20:15.

Ariz. Admin. Code § R11-1-2016 Tanks Provided with Means of Measuring

All tanks shall be provided with a safe means of measuring content level.

History

Former Rule 20:16.

Ariz. Admin. Code § R11-1-2017 Tanks Labeled As to Contents

All reagent containers must be labeled as to contents and stored in designated areas.

History

Former Rule 20:17.

Ariz. Admin. Code § R11-1-2018 Liquid Storage Tanks, Suitable Means of Disposal

All liquid storage tanks shall be supplied with suitable means of containment or disposal to provide safe disposal of contents in event of tank failure. Liquid storage tanks must also be equipped with overfill piping to contain overflow to a suitable and safe disposal area.

History

Former Rule 20:18.

Ariz. Admin. Code § R11-1-2019 Storage Tanks Vented

All storage tanks must be vented except those under pressure.

History

Former Rule 20:19.

Ariz. Admin. Code § R11-1-2020 Reagent Containers Stored

Reagent containers shall be stored so as to protect the contents from the effects of weather if such exposure would create a hazardous situation.

History

Former Rule 20:20.

Ariz. Admin. Code § R11-1-2021 Oxidizing Agents Stored

Oxidizing agents shall not be stored adjacent to reducing agents or flammable material where container failure could allow combining of materials.

History

Former Rule 20:21.

Ariz. Admin. Code § R11-1-2022 Warning Signs at Reagent Storage Areas

Suitable warning signs shall be posted at all reagent storage areas limiting entry and smoking, where a hazard exists.

History

Former Rule 20:22.

Ariz. Admin. Code § R11-1-2023 Reagent Tanks Emitting Toxic Vapor

Reagent tanks capable of emitting toxic vapor shall be either located outside the mill building or positively vented to the outside.

History

Former Rule 20:23.

Ariz. Admin. Code § R11-1-2024 Reagent Stocks Rotated

Reagent stocks should be rotated on a first-in, first-out basis.

History

Former Rule 20:24.

Ariz. Admin. Code § R11-1-2025 Stacking Reagent Containers

Stacking of reagent containers shall not present a hazard.

History

Former Rule 20:25.

Ariz. Admin. Code § R11-1-2026 Disposal Obsolete Reagents

Disposal of obsolete reagents should be accomplished according to safe procedure.

History

Former Rule 20:26.

Ariz. Admin. Code § R11-1-2027 Broken Containers or Spilled Reagents

Broken containers or spilled reagents must be cleaned up immediately.

History

Former Rule 20:27.

Ariz. Admin. Code § R11-1-2028 Reagent Storage Facilities Well Drained

Reagent storage facilities shall be well drained. Storage facilities should be constructed of fire-resistant material if reagents stored therein are flammable or corrosive to wood.

History

Former Rule 20:28.

Ariz. Admin. Code § R11-1-2029 Heat Applied to Storage Tanks

Heat shall not be applied to storage tanks except in compliance with recognized Trade Association Handling Code.

History

Former Rule 20:29.

Ariz. Admin. Code § R11-1-2030 Reserved

Ariz. Admin. Code § R11-1-2031 Hazardous Reagents Mixed

Hazardous reagents shall be mixed in areas that minimize personnel exposure.

History

Former Rule 20:31.

Ariz. Admin. Code § R11-1-2032 Personnel Mixing Reagents

All personnel mixing reagents must be trained in the mixing procedure.

History

Former Rule 20:32.

Ariz. Admin. Code § R11-1-2033 Phosphorous Pentasulfide

Phosphorous pentasulfide shall be added slowly to the sodium hydroxide solution from a container large enough to hold just the amount needed for one bath. This conveyor shall be constructed of spark-resistant materials, driven by an explosion-proof motor, thermostatically controlled at a safe mixing solution temperature. The container shall be electrically bonded and grounded or constructed of non-sparking material.

History

Former Rule 20:33.

Ariz. Admin. Code § R11-1-2034 Men Designated for Hazardous Reagent Mixing Certified

Men designated for hazardous reagent mixing must be certified by the mill superintendent and a copy of such names filed in the office of the mill superintendent and available to the Arizona Mine Inspector.

History

Former Rule 20:34.

Ariz. Admin. Code § R11-1-2035 Mixing Tanks and Holding Tanks Labeled

All mixing tanks and holding tanks shall be labeled as to contents.

History

Former Rule 20:35.

Ariz. Admin. Code § R11-1-2036 Mixing Tanks Used for Different Reagents

If a mixing tank is used for different reagents, and if a hazard exists, the tank and distribution lines should be flushed after mixing each reagent.

History

Former Rule 20:36.

Ariz. Admin. Code § R11-1-2037 Reagent Mixes with Exothermic Reaction

Reagent mixes with exothermic reaction shall be subject to positive temperature control if such reaction can create a hazard.

History

Former Rule 20:37.

Ariz. Admin. Code § R11-1-2038 Adequate Ventilation in Mixing Area

Hazardous reagent mixing areas must have adequate ventilation.

History

Former Rule 20:38.

Ariz. Admin. Code § R11-1-2039 Suitable Warning Signs at Mixing Area

Suitable warning signs shall be posted at all reagent mixing areas, limiting entry and smoking where a hazard exists.

History

Former Rule 20:39.

Ariz. Admin. Code § R11-1-2040 Hydrogen Storage

Hydrogen shall be stored in an open area which shall be roofed to prevent direct sunlight from heating the containers. The area shall be posted with "No Smoking" or "Open Flame" signs.

Article 21 ASSAY AND METALLURGICAL LABORATORIES

Ariz. Admin. Code § R11-1-2101 Mixing or Heating of Chemicals Producing Noxious Fumes or Gases

All mixing or heating of chemicals that may produce noxious fumes or gases must be performed under a hood or performed in adequately ventilated enclosures.

History

Former Rule 21:01.

Ariz. Admin. Code § R11-1-2102 Hoods Ventilated

Hoods must be positively ventilated to the outside.

History

Former Rule 21:02.

Ariz. Admin. Code § R11-1-2103 Velocity of Air Moving through the Hood

There shall be sufficient velocity of air moving through the hood to remove all fumes or gas produced in the hood.

History

Former Rule 21:03.

Ariz. Admin. Code § R11-1-2104 When Hood Fails to Exhaust Properly

When a hood fails to exhaust properly, it will be promptly reported to maintenance and repaired before being used again.

History

Former Rule 21:04.

Ariz. Admin. Code § R11-1-2105 No Unplanned Recirculation of Exhaust Air

A means shall be provided to assure that no unplanned recirculation of exhaust air occurs.

History

Former Rule 21:05.

Ariz. Admin. Code § R11-1-2106 Involving the Use of Perchloric Acid

Hoods and ducts that are to be used in the digestion and/or evaporation, involving the use of perchloric acid must be made of chemically inert, non-combustible material and so constructed and designed that they can be thoroughly washed with water. The exhaust system shall discharge to a safe location and the fans be accessible for cleaning.

History

Former Rule 21:06.

Article 22 CYANIDE LEACH OPERATIONS

Ariz. Admin. Code § R11-1-2201 Reserved

Ariz. Admin. Code § R11-1-2202 Cyanide Safety Training

A. Supervisors working in an area where cyanide is used or stored shall successfully complete a cyanide safety course conducted by the State Mine Inspector prior to starting a cyanide leaching operations.

B. Employees working in an area where cyanide is used or stored shall be indoctrinated in safety rules and safe work procedures by the supervisor during the first work shift.

C. Employees working in an area where cyanide is used or stored shall complete a cyanide safety course conducted by the Arizona State Mine Inspector as soon as possible but no later than 30 days after the start of employment.

D. Supervisors and employees working in an area where cyanide is used or stored shall possess a cyanide training certificate indicating the course completed and the date of completion. A copy of current certification shall be made available to the State Mine Inspector upon request.

E. Supervisors and employees shall receive training required by this Section at least once every 12 months.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2203 Posting of Emergency Procedures

Cyanide first-aid emergency procedures shall be posted and visible at the operations main office and at each first-aid station and in all areas where cyanide is handled.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2204 Emergency Provisions, Cyanide Antidote Kits

A. Approved cyanide antidote kits for treatment of cyanide poisoning shall be made available at workplaces where cyanide is used, stored, or handled or where there is a potential for exposure to hydrogen cyanide gas or dry or solution cyanide contamination.

B. An approved cyanide antidote kit is one containing:

1. Two dozen current amyl nitrite pearls for inhalation;

2. Two ampules of sterile sodium nitrite solution for injection (10 milliliters of a 3% solution in each);

3. Two ampules of sterile sodium thisosulfate for injection (50 milliliters of a 25% solution in each);

4. Two sterile 10-milliliter syringes and one sterile 50-milliliter syringe with sterile intravenous needles;

5. One tourniquet to facilitate the administration of injectable medications;

6. One stomach tube to wash swallowed solutions from the stomach.

C. Contents of cyanide antidote kits shall be administered only by trained persons during a medical emergency and for the purpose of first-aid procedures only. A trained person is one who has completed a cyanide safety course conducted by the Arizona State Mine Inspector.

D. In no case shall there be less than two cyanide antidote kits on the property unless removed during a medical emergency.

E. Cyanide antidote kits contents shall be replaced and stored according to manufacturer's instructions and shall contain complete instructions for use.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2205 Conditions for Employee Working Alone

No employee shall be assigned or permitted to work alone in any area where hazardous conditions exist or may exist that would endanger the worker's safety unless the worker can communicate with others in the immediate vicinity or can be visually observed at all times.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2206 Attendance

No cyanide leaching operation shall be left unattended while cyanide is present in dry or solution form.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2207 Safety Showers and Eyewash Facilities, Emergency Water

Safety showers and eye wash fountains shall be available in the areas where cyanide, caustics, or acids ar used or stored. Eye wash equipment shall be inspected and tested at regular intervals daily.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2208 Reserved

Ariz. Admin. Code § R11-1-2209 Fire Protection

Adequate fire protection and fire suppression apparatus shall be provided for all storage and mixing areas.

History

Adopted effective August 2, 1985 (Supp. 85-4).

Ariz. Admin. Code § R11-1-2210 Reserved

Ariz. Admin. Code § R11-1-2211 Personal Protective Equipment

A. Persons handling cyanide salts or solutions during the operation, mixing, maintenance, and leaching procedures shall wear appropriate protective equipment consisting of, but not limited to, eye protection, water-resistant gloves, water- resistant body protection, water-resistant footwear, and a full-face chemical cartridge respirator, with a high efficiency filter, that is used for acid gas and that is approved by the Mine Safety and Health Administration (MSHA) and the National Institute of Occupational Safety and Health (NIOSH) according to the requirements of 30 CFR 11, Subparts A-G and L (10-1-92 edition and no later editions), incorporated herein by reference and on file with the Arizona State Mine Inspector's Office and the Office of the Secretary of State.

B. All personal protective equipment shall be washed, cleaned, or replaced after use and otherwise maintained in a safe, usable condition.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2212 Instruction on Use of Personal Protective Equipment

All persons handling cyanide salts, solutions, or open containers or other hazardous chemicals shall be instructed in the proper use of personal protective equipment prior to use.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2213 Spillage

Chemical spills shall be immediately returned to circuit or rendered harmless in a way consistent with standards of the industry.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2214 Reporting Spills or Leaks to State Mine Inspector

A. Any unplanned release of a cyanide solution that may pose a threat to the health or safety of any employee or the general public shall be reported to the State Mine Inspector as soon as possible.

B. Any release of HCN gas of 50 ppm or more shall be reported as soon as possible to the State Mine Inspector.

C. All spills or releases shall be documented on a form provided by the State Mine Inspector. A copy of this form is included as Appendix A at the end of this Article.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2215 Reporting Suspected Leaks or Equipment Failure

Employees shall immediately report to their supervisor any leaks or spills of cyanide and any equipment failure within the cyanide circuit. The supervisor shall take immediate remedial action.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2216 Circuit Identification and Posting

A. All lines and valves in cyanide circuits shall be identified.

B. Potable water containers, sources, or outlets shall be identified.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2217 "Lock, Tag, and Test" Prior to Work on Electrical Circuit

Prior to or during any maintenance or repair work on any portion of the system, the disconnect switch shall be locked out, tagged, and the system tested. No persons other than the person placing the locks shall remove them.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2218 HCN Detection Instrument

When cyanide solution is utilized inside an enclosed structure, an audible and visual HCN warning device shall be installed and set to activate at an HCN concentration of 10 ppm.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2219 Ventilation

Ventilation capable of keeping the HCN concentration at or below 10 ppm shall be provided in all enclosed structures where cyanide, either dry or in solution, is used or stored.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2220 Reserved

Ariz. Admin. Code § R11-1-2221 Mixing Tank

The mixing tank shall be constructed in such a manner as to minimize any dust or gas generation.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2222 Reserved

Ariz. Admin. Code § R11-1-2223 Reserved

Ariz. Admin. Code § R11-1-2224 Maintaining pH and Records

A. The "make-up"/mixing solution shall be maintained at a pH of 12.0 or higher. The leaching solution shall be maintained at a pH of 10.5 or higher.

B. A shift record shall be kept of pH levels and cyanide concentrations. These records shall be available upon request for inspection by the State Mine Inspector.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2225 Dry Cyanide Storage

A. Cyanide storage containers shall be stored in a secure and ventilated area.

B. The secured storage area shall be posted with signs clearly indicating the hazard potential and safety precautions.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2226 Separated Container Storage

Cyanide shall not be stored or transported where it may become exposed to or mixed with acidic agents, nitrates, peroxides, or chlorates, or any agent capable of creating a hazardous reaction.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2227 Fencing

Leach pads, ponds, and open tanks containing cyanide solutions and any portion of an operation containing hazardous amounts of cyanide or other chemicals shall be fenced to restrict unauthorized entry by persons or entry by animals.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2228 Warning Signs

A. Suitable warning signs shall be posted at all gates and other points of entry to any cyanide leach operation.

B. Signs shall be posted on fencing at a minimum of 100-foot intervals and at each corner and shall be clearly visible and maintained so they may be easily seen and identified from a distance of 50 feet.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2229 Drum Disposal

Empty, nonreturnable cyanide containers shall be flushed at least three times with a large volume of water and flushing shall continue until no cyanide remains in the drum. Drum labels shall be removed or obliterated and drums destroyed. The flush water shall be returned to the circuit.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2230 Reserved

Ariz. Admin. Code § R11-1-2231 Cyanide Circuit Protection

A. Cyanide leach pads, solution ponds and other areas which may contain cyanide solutions within the circuit shall have an impervious liner of a material that will prevent its penetration by the cyanide solution.

B. An overflow safety pond or similar solution retention area shall be constructed to receive and contain all potential overflow from the leach pad and pregnant solution pond.

History

Adopted effective August 2, 1985 (Supp. 85-4).

Ariz. Admin. Code § R11-1-2232 Waste Lines

All lines from emergency shower, wash areas, or other cyanide waste sources shall be returned to the circuit.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2233 Inspections and Maintenance

All leach pads and solution ponds shall be inspected and maintained so as to prevent any accidental cyanide solution release outside the protected circuit.

History

Adopted effective August 2, 1985 (Supp. 85-4).

Ariz. Admin. Code § R11-1-2234 Reserved

Ariz. Admin. Code § R11-1-2235 Operator Responsibility - Shutdown

A. The operator shall give written notice to the State Mine Inspector prior to:

Abandoning the property, and/or

Suspending operations for more than 30 days, or

3. Closing the operation.

B. The operator shall be responsible for treating and testing all pads, ponds or other cyanide use areas. Test results of free cyanide shall be forwarded to the State Mine Inspector upon completion and shall be available for inspection upon request.

History

Adopted effective August 2, 1985 (Supp. 85-4). Amended effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R11-1-2236 Receipt, Off-loading, Storage of Liquid Cyanide Solution

A. Tank trucks will be visually inspected for leaks before they are allowed to enter the plant.

B. Off-loading shall be performed only when lighting is available.

C. The off-loading pad shall be constructed of an impervious base material and be arranged so liquid spillage will drain away from the truck and exposed structures and into the storage tank containment area. The pad shall be of sufficient length to allow the truck and trailer a minimum of four-foot clearance at each end and a minimum of two-foot clearance on each side. The vehicle must be positioned in a manner to allow forward movement away from off-loading pad.

D. Only qualified and properly trained employees shall operate the truck and make the off-loading or loading hook-up. A qualified and properly trained employee is one who has an Arizona commercial driver's license with a current endorsement authorizing operation of a motor vehicle transporting hazardous materials, hazardous substances, or hazardous waste as defined by A.R.S. § 28-2401, or the equivalent license and endorsement from another state.

E. Truck parking brakes shall be set and, where necessary, the wheels blocked during off-loading and loading.

F. Warning signs shall be placed at all areas where cyanide is loaded and off-loaded.

G. Piping shall be arranged so the cyanide will drain toward the storage tank when the discharge valve is closed.

H. All pump packing and thrust seals at shaft shall be provided with splash guards in cases where personnel would be exposed to cyanide leaks or sprays.

I. Safety chains shall be used at all cyanide hose connections.

J. All storage tanks shall be adequately bermed, diked, or otherwise protected, with an impervious base material, designed to hold the maximum capacity of the tank in the event of a spill or rupture.

History

Adopted effective July 6, 1993 (Supp. 93-3).

Chapter 2 STATE MINE INSPECTOR - MINED LAND RECLAMATION

Article 1 DEFINITIONS

Ariz. Admin. Code § R11-2-101 Definitions

In this Chapter and the Act, unless the context otherwise requires:

"Act" means the Arizona Mined Land Reclamation Act, enacted in 1994, A.R.S. § 27-901 et seq., as amended.

"Approved reclamation plan" means the owner's or operator's plan for reclaiming surface disturbances after approval by the State Mine Inspector.

"Backfill" means earth, overburden, mine development rock, or imported material used to replace material removed during mining.

"Commodities in commerce" means commodities that are mined for use or conversion into a salable or usable product.

"Completion" or "Completing" means the permanent discontinuance of mining activity of an exploration operation or mining unit without the intent to resume operation.

"Growth media" means substances or materials that promote or support vegetation.

"Inspection" means a visual review of an exploration operation or mining unit to assure compliance with the Act, this Chapter, or any condition of an approved reclamation plan.

"Institutional controls" means mechanisms that guide, manage, or exercise restraint or direction, including deed restrictions to protect public safety, fencing districts, and physical control of access.

"Mining activity" means any activity directly involved in mineral exploration, development, or production at or on an exploration operation or a mining unit.

"Operator" means any person who is legally responsible for directing mining activity at an exploration operation or a mining unit.

"Owner" means any person who owns land with surface disturbances subject to the Act and this Chapter.

"Person" means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.

"Showing of good cause" means a demonstration by the owner or operator of a reason beyond the owner's or operator's control which prevents or limits the ability to act within required time limits or a demonstration by the owner or operator that the owner or operator is making good faith efforts toward the coordination and submittal of a reclamation plan.

"Subsidence" means the measurable lowering of a portion of the earth's surface or substrata.

History

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

Article 2 GENERAL REGULATORY PROVISIONS

Ariz. Admin. Code § R11-2-201 Document Submittals

A. An owner or operator shall submit to the State Mine Inspector by certified mail (return receipt requested), express mail (with a receipt), or by hand delivery the following:

1. Reclamation plans and amendments (1 original and 4 copies);

2. Certificates of disclosure;

3. Financial assurance mechanisms;

4. Notices of transfer;

5. Applications, petitions or requests for or objections to substantial changes, variances, notices of proposed changes, amendments, releases of financial assurance mechanisms; or

6. Any other matter that may require action by the State Mine Inspector.

B. All submittals shall be dated and signed by the owner or operator or by a person who has legal authority to sign on behalf of the owner or operator. All submittals shall include the names and addresses of the owner and operator and any individuals who will be regulatory contacts.

History

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

Ariz. Admin. Code § R11-2-202 Preservation of Documents

An owner or operator shall retain a copy of the current approved reclamation plan, reclamation plans for areas for which reclamation has been completed, and the most recent annual status report until all reclamation measures have been completed. These documents shall be available for examination by the inspector.

History

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

Ariz. Admin. Code § R11-2-203 Extension of Time for Submittal of Plan

The owner or operator may request 1 or more extensions of time for submittal of a reclamation plan for an existing exploration operation or an existing mining unit. If the State Mine Inspector grants an extension of time to submit a reclamation plan for an existing exploration operation or an existing mining unit, the extension shall not exceed 90 days. For each subsequent extension, the owner or operator shall submit a revised request which indicates any changes in the relevant factors for consideration shown in the previous request for extension.

History

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

Ariz. Admin. Code § R11-2-204 Supersedure by Federal Plan

A. The owner or operator of an exploration operation or a mining unit which is located in part or in whole on land administered by a federal agency may submit to the State Mine Inspector a request for supersedure pursuant to A.R.S. § 27-932. Such a request shall include a copy of the federal reclamation plan and the financial assurance mechanism.

B. Within 30 days after receiving a request for supersedure, the State Mine Inspector shall determine in writing whether the federal reclamation plan and financial assurance mechanism are consistent with and shall supersede the requirements of the Act and this Chapter. If the State Mine Inspector denies the request to supersede, the State Mine Inspector shall provide an explanation of the reasons for denial in the written determination.

History

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

Ariz. Admin. Code § R11-2-205 Extension of Time for Initiation of Reclamation

A. The owner or operator of an exploration operation or mining unit shall submit a written request for an extension of time to begin reclamation under A.R.S. § 27-926(B) at least 45 days before the time to begin reclamation under A.R.S. § 27-926.

B. The State Mine Inspector shall evaluate and either approve or deny the request within 30 days. If the State Mine Inspector fails to act on the request within 30 days after receipt, the request shall be considered approved. If the State Mine Inspector denies the request for an extension, the State Mine Inspector shall state the reasons for denial in writing.

History

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

Ariz. Admin. Code § R11-2-206 Variance

A. In addition to information required by the Act or elsewhere in this Chapter, a request for variance submitted pursuant to A.R.S. § 27-931(A) shall include:

1. Identification by owner or operator and mine name, if any, of the exploration operation or mining unit for which the variance is sought;

2. A descriptive location of the property on which the exploration operation or mining unit is located;

Identification of the Section of this Chapter or requirement or condition of the approved reclamation plan from which the variance is sought;

4. The justification for the variance; and

5. Alternative methods or measures to be used.

B. Within 30 days after receiving a variance request pursuant to A.R.S. § 27-931(A), the State Mine Inspector shall grant a conditional order authorizing the variance or deny the request in writing. The State Mine Inspector shall state the reasons for the determination.

History

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

Ariz. Admin. Code § R11-2-207 Cessation of Mining Activity

A. The cessation of mining will be considered to have occurred if any of the following occur:

1. The person conducting the mining activity has gone out of business and there is no succeeding legal entity;

2. No mining activity has taken place within 1 year from the date the most recent annual status report was filed with the State Mine Inspector and no staffed office remains on the site;

3. The extension of the time to begin reclamation requested by the owner or operator and approved by the State Mine Inspector under R11-2-205 has expired and no other extension has been granted, or

4. The State Mine Inspector has made a written determination that the mine has been temporarily or permanently abandoned.

History

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

Article 3 EXPLORATION OPERATION RECLAMATION PLAN

Ariz. Admin. Code § R11-2-301 Exploration Operation Reclamation Plan Content

A. In addition to the content requirements found in A.R.S. § 27-951(A), the reclamation plan shall also include a sketch of the layout of the exploration project, showing the locations, nature, and acreage of each disturbance. The owner or operator shall not be required to include specific survey coordinates, identifying exact topographic features, or exact geographic locations.

B. For existing exploration operations, the owner or operator shall include the estimated costs to perform the reclamation measures to determine financial assurance requirements under Article 5 of the Act and Article 8 of this Chapter.

History

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

Ariz. Admin. Code § R11-2-302 Annual Renewal

A. Every owner or operator with an approved reclamation plan shall annually, within 60 days after the anniversary date of the approved reclamation plan, submit to the State Mine Inspector a request for annual renewal pursuant to A.R.S. § 27-955. The request shall:

1. Provide the status of the exploration operation reclamation;

2. Include the total number of acres of surface disturbances, the number of acres reclaimed during the reporting year, and the number of acres of surface disturbances which have not yet been reclaimed; and

3. Include any modifications to the approved reclamation plan.

B. The State Mine Inspector shall renew the approved reclamation plan, including modifications, if the renewal includes modifications that are consistent with the criteria of the Act and this Chapter and if additional financial assurance required by the Act has been submitted to the State Mine Inspector. If the renewal includes modifications to the approved plan that constitute a substantial change, the State Mine Inspector shall renew the approved reclamation plan under the procedures of A.R.S. §§ 27-927 and 27-929 or deny the proposed substantial change.

C. If the State Mine Inspector fails to provide the owner or operator with a written renewal determination within 60 days after receipt of the request for annual renewal, the approved reclamation, including modifications that do not constitute substantial changes, shall be deemed renewed.

History

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

Article 4 EXPLORATION OPERATION RECLAMATION STANDARDS

Ariz. Admin. Code § R11-2-401 Restricted Access

Under A.R.S. § 27-953(5), access to those portions or places of open pits or trenches in places frequented by the public shall be restricted by measures including fencing and the posting of visible warning signs.

History

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

Ariz. Admin. Code § R11-2-402 Trash Removal

The owner or operator shall remove trash and other materials and structures incidental to exploration that pose a threat to public safety, create a public nuisance, or are inconsistent with an approved reclamation plan.

History

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

Article 5 MINING UNIT RECLAMATION PLAN

Ariz. Admin. Code § R11-2-501 Mining Unit Reclamation Plan Content

A. In addition to the proposed reclamation measures that are necessary to achieve the post-mining land use found under A.R.S. §§ 27-971(B)(9)(a) through (d), the reclamation plan shall include procedures to aid in the development of vegetation consistent with the proposed post-mining land use objective for surface disturbances where the post-mining land use objective is grazing, wildlife habitat, or forestry. The type, density, and diversity of vegetation proposed shall depend on what is technically and economically practicable given site-specific characteristics such as climate and the availability and quality of soil.

B. Maps of the existing or proposed surface disturbances submitted pursuant to A.R.S. § 27-971(B)(8) for mining units shall indicate the following:

1. Existing and proposed post-mining and post-reclamation physical topography;

2. Natural features, including surface water;

3. Surface disturbances, pits, excavations, and building sites;

4. Development rock piles, tailings dams and impoundments, heaps for leaching, spoil, soil or growth media storage piles, overburden stockpiles, and other piles of unconsolidated material;

5. Solution ponds, settling ponds, and non-tailings impoundments;

Roads, buildings, structures, and stationary equipment;

7. Final post-mining land use objectives for each portion of the surface disturbance; and

8. Boundaries of the mining unit.

History

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

Ariz. Admin. Code § R11-2-502 Life of Approved Reclamation Plan

An approved reclamation plan, along with any approved substantial changes, shall remain in effect until reclamation is complete and all financial assurance is released.

History

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

Ariz. Admin. Code § R11-2-503 Multiple Post-mining Land Uses

An owner or operator may list multiple post-mining land uses for a mining unit if the reclamation plan shows the post-mining land use for each area and each use satisfies the requirements of the Act and this Chapter.

History

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

Ariz. Admin. Code § R11-2-504 Annual Status Report

A. An owner or operator with an approved reclamation plan shall submit an annual status report for the preceding year to the State Mine Inspector within 60 days after the anniversary date of reclamation plan approval. The status report shall:

1. Provide the status of the mining unit;

2. Include a map, an aerial photograph, or both, identifying the location of the surface disturbance and reclaimed area and the year in which the surface disturbance and reclamation was completed. If there have been no changes in the previous year, then neither new maps nor new aerial photographs are necessary, and the owner or operator shall state there have been no changes in the annual status report; and

3. Include the total number of acres of surface disturbances, the number of acres reclaimed during the reporting year, and the number of acres of surface disturbances which have not yet been reclaimed.

History

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

Article 6 MINING UNIT RECLAMATION STANDARDS

Ariz. Admin. Code § R11-2-601 Public Safety Standards

A. Reclamation activities at mining units shall be designed to reduce hazards to public safety to the extent technically and economically practicable by measures, including:

1. Removal of scrap metal, wood, trash, and other debris that pose a threat to public safety, or create a public nuisance, or are inconsistent with an approved reclamation plan; and

2. Regrading slopes as prescribed under R11-2-602.

B. The owner or operator shall maintain structures, equipment, and excavations at the reclamation site in a safe manner and shall restrict access to provide for public safety. Where hazards to public safety cannot be adequately reduced through reclamation measures; where buildings, structures, and excavations remain as part of the approved post-mining land use; or where a mining unit has been exempted from reclamation under A.R.S. § 27-975(A), any hazard to public safety shall be reduced by:

1. Constructing berms, fences, barriers, or any combination of these measures to restrict public access when technically and economically practicable; and

2. Posting visible warning signs in locations where public access is available.

History

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

Ariz. Admin. Code § R11-2-602 Erosion Control and Topographic Contouring

A. Mining units shall be reclaimed to a stable condition for erosion and seismic activity.

B. Grading and other topographic contouring methods shall be conducted, as necessary, to establish final land forms which are:

1. Suitable for the post-mining land use objective in the approved reclamation plan.

2. Stable under static and dynamic conditions as certified by a qualified engineer considering the following:

a. Site-specific seismic conditions;

b. Safety consistent with good engineering practices; and

c. The hazard to public safety, if failure occurs.

C. Site-specific grading, revegetation, or other proposed erosion-control measures shall be conducted, as necessary, to address erosion so that permanent piles of mine development rock, overburden, and tailings shall not restrict surface drainages in a manner that contributes to excessive erosion or which compromises the stability of the reclaimed facility.

History

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

Ariz. Admin. Code § R11-2-603 Roads

A. Reclamation of a road that is not included in the approved reclamation plan as part of the approved post-mining land use shall begin once the road is no longer needed for operations, reclamation, or monitoring.

B. The following reclamation measures shall be conducted, as necessary, to achieve the post-mining land use included in the approved reclamation plan:

1. Vehicular traffic shall be controlled on the reclamation area to achieve the reclamation objectives;

2. Surface drainage patterns shall be restored to pre-mining conditions or new patterns shall be established;

3. All bridges and culverts shall be removed or stabilized in place;

4. Bridges and culverts left in place shall be protected from erosion with rock, concrete, or riprap; and

5. Roadbeds shall be ripped, plowed, and scarified and revegetated, as necessary, to achieve the post-mining land use.

History

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

Article 7 REVEGETATION AND SOIL STANDARDS

Ariz. Admin. Code § R11-2-701 Revegetation Provisions

A. If revegetation is part of the proposed reclamation plan, the plan shall describe the:

1. Season of revegetation,

2. Species and amounts per acre of seeds or flora, and

3. Planting methods.

B. If the proposed reclamation plan includes mulching, irrigation, pest control, disease control, or growth management measures, the proposed reclamation plan shall specifically describe the techniques, methods, controls, or measures to be used.

History

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

Ariz. Admin. Code § R11-2-702 Revegetation Standards

A. Where surface disturbances result in compaction of the soil, ripping, disking, or other means shall be used in areas to be revegetated to reduce compaction and to establish a suitable root zone in preparation for planting.

B. Revegetation shall be conducted to establish plant species that will support the approved post-mining land use. The establishment of vegetation species, density, or diversity which is different than pre-existing conditions or on adjacent lands shall constitute successful reclamation if any of the following apply:

1. The post-mining land use is different than the pre-mining land use or the use of adjacent lands;

2. The site-specific nature of the surface disturbance, including soil conditions and topography, is such that the establishment of pre-existing or adjacent conditions is not technically or economically practicable; or

3. The establishment of different species is preferable for control of erosion.

C. Planting shall be conducted during the most favorable period of the year for plant establishment.

D. Soil stabilizing practices or irrigation measures, or both, may be used to establish vegetation.

E. This Section only applies if vegetation or revegetation measures are included in the approved reclamation plan.

History

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

Ariz. Admin. Code § R11-2-703 Soil Conservation

If soil conservation is required by A.R.S. § 27-974, any stockpiles of conserved soil shall be marked with legible signs that identify the stockpile as "SOIL." A soil stockpile shall be stabilized, if necessary, to prevent excessive losses from erosion.

History

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

Ariz. Admin. Code § R11-2-704 Redistribution of Soil

Before redistribution of soil, the regraded land shall be treated, if necessary, to reduce the potential for slippage of the redistributed material or to enhance root penetration, or both. Soil and other materials shall be redistributed in a manner that prevents excess compaction and achieves a thickness consistent with the approved post-mining land use.

History

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

Ariz. Admin. Code § R11-2-705 Off-site Soil

Soil may be brought in from an off-site location, and may include any growth media that will support vegetation, will provide a stable growing surface, and will not create a hazard to public safety.

History

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

Article 8 FINANCIAL ASSURANCE

Ariz. Admin. Code § R11-2-801 Definitions

A. Unless expressly defined in the Act or this Chapter, the terms used in this Article have the same meanings as understood pursuant to generally accepted accounting principles and practices.

B. In addition to the definitions provided in A.R.S. § 27-901, the following definitions apply to this Article:

"ICPA" means Independent Certified Public Accountant.

"Parent corporation" means a corporation which directly owns at least 50% of the voting stock of the corporation which is the owner or operator. Any latter corporation is considered a "subsidiary" of the parent corporation.

"Substantial business relationship" means the extent of a business relationship which is necessary, under applicable state law, to make a guarantee contract (issued on the basis of that relationship) valid and enforceable. A "substantial business relationship" shall arise from a pattern of recent or ongoing business transactions, so that a currently existing business relationship between guarantor and the owner or operator is shown to the satisfaction of the State Mine Inspector.

History

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

Ariz. Admin. Code § R11-2-802 Amount of Financial Assurance

A. In estimating the cost of executing the reclamation plan, all activities in the reclamation plan shall be addressed, including, if applicable:

1. Earth moving, regrading, and stabilization of surface disturbances included in the reclamation plan;

2. Revegetation, preparation of seedbed, and planting;

3. Demolition of buildings and other structures;

For new exploration operations, removal of trash and other materials and structures incidental to exploration;

5. Any ongoing or long-term activities which are required to maintain the effectiveness of reclamation or are necessary in place of reclamation, including periodic clean-out of sediment basins or maintenance of berms and fences which are used to prevent access to areas which pose a threat to public safety;

Equipment mobilization and demobilization;

7. Contractor profit; and

8. Administrative overhead.

B. In addition to submitting the estimated costs to perform each of the proposed reclamation measures required under A.R.S. § 27-971(B)(11) or R11-2-301(B), the owner or operator of a mining unit or existing exploration operation shall submit to the State Mine Inspector:

Documentation for the calculation of the estimated costs, and

2. The source of the estimated costs.

C. The State Mine Inspector shall review the owner's or operator's estimate of the cost for reclamation and determine if the estimate is adequate to complete all required reclamation.

D. If the State Mine Inspector determines the estimated cost of executing the reclamation plan is not adequate to complete all required reclamation, the reclamation plan shall be considered incomplete under A.R.S. §§ 27-952 or 27-972.

E. If an owner or operator submits a written request for a reduction of financial assurance, along with a demonstration of sufficient financial ability pursuant to A.R.S. § 27-992(B), the State Mine Inspector shall grant or deny the request in writing within 30 days after receiving the request.

History

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

Ariz. Admin. Code § R11-2-803 Blanket Financial Assurance

A. A single financial assurance mechanism covering 2 or more mining units or facilities may be provided by an owner or operator instead of separate financial assurances for each unit or facility. If an owner or operator provides a single financial assurance mechanism, it shall demonstrate the financial ability to fulfill the aggregate reclamation costs of the mining units or facilities covered by the single financial assurance mechanism.

B. If an additional unit or facility is to be covered under a single financial assurance mechanism previously provided to the State Mine Inspector, the owner or operator shall provide an updated financial assurance mechanism which demonstrates the financial ability to fulfill the aggregate reclamation costs of the mining units or facilities covered by the single financial assurance mechanism.

C. A single financial assurance mechanism covering 2 or more exploration operations may be provided by the owner or operator pursuant to A.R.S. § 27-993.

History

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

Ariz. Admin. Code § R11-2-804 Surety Bonds

An owner or operator may provide the State Mine Inspector with a surety bond as financial assurance for reclamation. The surety bond shall be an indemnity agreement in a sum certain payable to the state of Arizona, executed by the owner or operator as principal and shall be supported by the performance guarantee of a corporation licensed to do business as a surety in the state of Arizona.

History

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

Ariz. Admin. Code § R11-2-805 Certificates of Deposit

A. An owner or operator may provide the State Mine Inspector with a certificate of deposit which shows funds are available for reclamation of surface disturbances. The certificate of deposit shall name the state of Arizona as beneficiary. The financial institution issuing the certificate of deposit shall be a Federal Deposit Insurance Corporation-insured entity whose operations are regulated by a federal or state agency.

B. The owner or operator may redeem the certificate of deposit if alternative financial assurance that meets the requirements of the Act and this Chapter is substituted.

History

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

Ariz. Admin. Code § R11-2-806 Trust Funds

A. An owner or operator may satisfy the requirements of this Article by establishing a trust fund that meets the requirements of the Act and this Chapter. The trust fund shall name the state of Arizona as the primary beneficiary. The trustee shall be an entity which has the authority to act as trustee and whose trust operations are regulated and examined by a federal or state agency.

B. An owner or operator may satisfy the requirements of the trust fund by establishing a trust fund with a pay-in period that meets the requirements of the Act and this Chapter and by submitting an original signed duplicate of the trust agreement to the State Mine Inspector.

C. A copy of the trust agreement shall be placed in the facility's operating record.

D. The trust fund shall be initially funded in an amount at least equal to the costs estimated in the approved reclamation plan for reclamation of existing surface disturbances covered by the Act and any surface disturbances to occur in the 1st year of the trust fund.

E. Payments into the trust fund, other than the initial funding, shall be made annually, at a minimum, with subsequent payments made not later than 30 days after each annual anniversary of the date of the 1st payment by the owner or operator. Annual payments shall be in an amount adequate to pay all costs of reclamation for land to be disturbed in that annual period.

F. If the property owner or operator establishes a trust fund after having used 1 or more alternate mechanisms specified in this Article, the initial payment into the trust fund shall be at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to the specifications of this Section.

History

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

Ariz. Admin. Code § R11-2-807 Letters of Credit

A. An owner or operator may satisfy the requirements of this Article by obtaining an irrevocable stand-by letter of credit. The letter of credit shall be effective to receive financial assurance approval. The issuing institution shall be an entity which has the authority to issue letters of credit, is federally insured, and whose letter-of-credit operations are regulated and examined by a federal or state agency.

B. The letter of credit shall be irrevocable and issued for a period set to exceed 1 year by at least 90 days and in an amount at least equal to the costs estimated in the approved reclamation plan for reclamation. The letter of credit shall provide that the expiration date will automatically renew as approved by the State Mine Inspector for a period of at least 1 year, unless the issuing institution has canceled the letter of credit by sending notice of cancellation by certified mail to the owner or operator and to the State Mine Inspector 120 days in advance of cancellation. If the letter of credit is canceled by the issuing institution, the owner or operator shall obtain alternate financial assurance that meets the requirements of the Act and this Chapter within 120 days after the notice of cancellation.

C. The letter of credit shall indicate the conditions on which the state of Arizona may draw on the letter of credit.

D. The property owner or operator may, with notification to the State Mine Inspector, cancel the letter of credit if alternate financial assurance that meets the requirements of the Act and this Chapter is substituted or if the owner or operator is released from the requirements of this Article under A.R.S. § 27-996, R11-2-817, or R11-2-822.

History

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

Ariz. Admin. Code § R11-2-808 Insurance

A. An owner or operator may show financial assurance for reclamation by obtaining insurance that meets the requirements of this Section. At a minimum, the insurer shall be a non-captive insurance company licensed to transact the business of insurance by the Department of Insurance, or eligible to provide insurance as an excess or surplus lines insurer in the state of Arizona.

B. The reclamation insurance policy shall guarantee funds will be available to reclaim all disturbed lands and be available when the operation fails to comply with the approved reclamation plan. The policy shall also guarantee that, once reclamation begins, the insurer will be responsible for payment up to an amount equal to the face amount of the policy, under the direction of the State Mine Inspector to the party specified by the State Mine Inspector.

C. A policyholder may, with notification to the State Mine Inspector, receive partial payment for reclaimed areas. The insurance policy shall provide that requests for payment will be granted by the insurer only if the remaining value of the policy is adequate to cover the remaining costs of reclamation. The policyholder shall notify the State Mine Inspector that payment has been received.

D. The insurance policy shall provide that the insurer may not cancel, terminate, or fail to renew the policy except for the failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. The insurance policy shall provide that if there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the policyholder and to the State Mine Inspector 120 days in advance of the action. Cancellation, termination, or failure to renew may not occur and the policy will remain in full force and effect if, before the date of expiration, the premium due is paid.

E. The insured may cancel the insurance policy, with notification to the State Mine Inspector, if alternate financial assurance that meets the requirements of the Act and this Chapter is substituted.

History

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

Ariz. Admin. Code § R11-2-809 Certificates of Self-insurance

A. An owner or operator may use self insurance in combination with a guarantee only if, to meet the requirement of the financial test under this Article, the financial statements of the owner or operator are not consolidated with the financial statements of the guarantor.

B. An owner or operator, and/or guarantor, may satisfy the requirements of this Article upon successful completion of the financial test specified in this Section. Successful completion is determined by meeting the criteria of subsection (C) or (D) based on year-end financial statements for the latest completed fiscal year.

C. The criteria of this subsection for successful completion of the financial test are:

1. The owner or operator, and/or guarantor, shall have a tangible net worth of at least 10 times the costs estimated in the approved reclamation plan for reclamation.

2. The owner or operator, and/or guarantor, shall have a tangible net worth of at least $10 million.

3. The owner or operator, and/or guarantor, shall submit to the State Mine Inspector a letter signed by the chief financial officer showing compliance with this Section.

4. The owner or operator, and/or guarantor, shall either:

a. File financial statements annually with the U.S. Securities and Exchange Commission; or

b. Report annually the firm's tangible net worth to Dun and Bradstreet, and Dun and Bradstreet shall have assigned the firm a financial-strength rating of 4A or 5A.

5. The firm's year-end financial statements, if independently audited, cannot include an adverse auditor's opinion, a disclaimer of opinion, or a "going concern" qualification.

D. The criteria of this subsection for successful completion of the financial test are:

1. The owner or operator, and/or guarantor, shall meet the financial test requirements of R11-2-811.

2. The fiscal year-end financial statements of the owner or operator, and/or guarantor, shall be examined by an Independent Certified Public Accountant (ICPA) and included with the ICPA's report of the examination.

3. The firm's year-end financial statements cannot include an adverse opinion, a disclaimer of opinion, or a "going concern" qualification.

4. The owner or operator, and/or guarantor, shall submit to the State Mine Inspector a letter signed by the chief financial officer demonstrating compliance with this Section.

5. If the financial statements of the owner or operator, and/or guarantor, are not submitted annually to the U.S. Securities and Exchange Commission, the owner or operator, and/or guarantor, shall obtain a special report by an ICPA saying:

a. The ICPA has compared the data (which the letter from the chief financial officer specifies) as having been derived from the latest year-end financial statements of the owner or operator, and/or guarantor, with the amounts in the financial statements; and

b. No matters caused the ICPA to believe the specified data should be adjusted.

E. If an owner or operator using the test to provide financial assurance finds the requirements of the financial test are no longer met, based on the year-end financial statements, the owner or operator shall obtain alternate financial assurance that meets the requirements of the Act and this Chapter within 120 days after the end of the year for which financial statements have been prepared.

F. The State Mine Inspector may require reports of financial condition, at any time, from the owner or operator, and/or guarantor. If the State Mine Inspector makes a written finding, on the basis of the reports or other information, that the owner or operator, and/or guarantor, no longer meets the financial test requirements of subsection (C) or (D), the owner or operator shall obtain alternate financial assurance that meets the requirements of the Act and this Chapter within 120 days after notification of this written finding.

G. After the initial submission of the items specified in subsection (C) or (D), the owner or operator shall send updated information to the State Mine Inspector within 90 days after the close of each succeeding fiscal year. This information shall consist of all items specified in subsection (C) or (D).

History

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

Ariz. Admin. Code § R11-2-810 Cash Deposits

A. An owner or operator may use a receipt of deposit with the State Treasurer for the estimated costs of reclamation. The receipt of deposit shall show funds are available for reclamation costs. The owner or operator shall complete a treasurer's financial warranty deposit under the State Mine Inspector's instructions. The deposit shall be in the name of the state of Arizona.

B. The owner or operator may cancel the deposit with the State Treasurer, with notification to the State Mine Inspector, if alternate financial assurance that meets the requirements of the Act and this Chapter is substituted.

History

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

Ariz. Admin. Code § R11-2-811 Corporate Financial Tests

An owner or operator may satisfy the requirements of this Section upon successful completion of a financial test specified in subsection (A) or (B). Successful completion is determined by meeting the criteria of subsection (C):

A. The owner or operator shall have:

1. 2 of the following 3 ratios: a ratio of total liabilities to net worth of less than 2.0; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; or a ratio of current assets to current liabilities greater than 1.5;

Net working capital and tangible net worth each at least 6 times the costs estimated in the approved reclamation plan for reclamation;

3. Tangible net worth of at least $10 million; and

4. Assets located in the United States amounting to at least 90% of total assets or at least 6 times the costs estimated in the approved reclamation plan for reclamation.

B. The owner or operator shall have all of the following:

1. A current rating for the most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's;

2. Tangible net worth at least 6 times the sum of the costs estimated in the approved reclamation plan for reclamation;

3. Tangible net worth of at least $10 million; and

Assets located in the United States amounting to at least 90% of total assets or at least 6 times the costs estimated in the approved reclamation plan for reclamation.

C. To show successful completion of the corporate financial test, the owner or operator shall submit the following to the State Mine Inspector:

1. A letter signed by the owner's or operator's chief financial officer demonstrating compliance with this Section;

2. A copy of the ICPA's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and

3. A special report from the owner's or operator's ICPA to the owner or operator saying:

a. The ICPA has compared the data (which the letter from the chief financial officer specified) as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in the financial statements; and

b. No matters caused the ICPA to believe the specified data should be adjusted.

D. After the initial submission of items specified in subsection (C), the owner or operator shall send updated information to the State Mine Inspector within 90 days after the close of each succeeding fiscal year. This information shall consist of all items specified in subsection (C).

E. If the owner or operator no longer meets the requirements of subsection (A) or (B), the owner or operator shall send notice of intent to establish alternative financial assurance to the State Mine Inspector. The notice shall be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator shall provide the alternative financial assurance that meets the requirements of the Act and this Chapter within 120 days after the end of the fiscal year.

F. The State Mine Inspector may, based on reasonable belief that the owner or operator may no longer meet the requirements of subsection (A) or (B), require reports of financial condition by written request, at any time, from the owner or operator, in addition to those specified in subsection (C). If the State Mine Inspector makes a written finding, on the basis of the reports or other information, that the owner or operator no longer meets the requirements of subsection (A) or (B), the owner or operator shall provide alternate financial assurance that meets the requirements of the Act and this Chapter within 120 days after notification of this written finding.

G. The State Mine Inspector may disallow use of this test on the basis of qualifications in the opinion expressed by the ICPA in the report on examination of the owner's or operator's financial statements. An adverse opinion or a disclaimer of opinion will be cause for disallowance. The State Mine Inspector will evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance that meets the requirements of the Act and this Chapter within 120 days after notification of this disallowance.

H. The owner or operator is no longer required to submit the items specified in subsection (C) when:

1. An owner or operator substitutes alternate financial assurance that meets the requirements of the Act and this Chapter; or

2. The State Mine Inspector releases the owner or operator's financial assurance under the Act and this Chapter.

I. An owner or operator may meet the requirements of this Section by obtaining a written guarantee. The guarantor shall be the direct or higher-tier parent corporation of the owner or operator, a group of legal entities which are controlled through stock ownership by a common parent corporation, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a substantial business relationship with the owner or operator. The guarantor shall meet the requirements for owners or operators in subsections (A) through (I) and shall comply with the terms of the guarantee. The certified copy of the guarantee shall accompany the items sent to the State Mine Inspector as specified in subsection (C). One of these items shall be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter shall describe the value received in consideration of the guarantee. If the guarantor is a firm with a substantial business relationship with the owner or operator, this letter shall describe this substantial business relationship and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:

1. If the owner or operator fails to perform the reclamation covered by the guarantee under the approved reclamation plan, the guarantor will do so or establish a trust fund as specified in the Act and this Chapter in the name of the owner or operator.

2. The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the State Mine Inspector. Cancellation may not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the State Mine Inspector, as evidenced by the return receipts.

3. If the owner or operator fails to provide alternate financial assurance that meets the requirements of the Act and this Chapter within 120 days after the owner or operator and the State Mine Inspector receive notice of cancellation of the corporate guarantee from the guarantor, the guarantor shall provide the alternate financial assurance in the name of the owner or operator.

History

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

Ariz. Admin. Code § R11-2-812 Annuities

A. An owner or operator may provide the State Mine Inspector an annuity as financial assurance for reclamation. The annuity shall name the state of Arizona as the beneficiary. The financial institution, if any, shall be licensed to do business in the state of Arizona. Any incremental or annual payment shall be in an amount adequate to pay all costs of reclamation for land disturbed in that incremental or annual period.

B. The owner or operator may cancel the annuity only if alternate financial assurance that meets the requirements of the Act and this Chapter is provided.

History

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

Ariz. Admin. Code § R11-2-813 Final Action on Financial Assurance Mechanisms

The State Mine Inspector shall take final action on the financial assurance mechanism within 30 days after its receipt.

History

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

Ariz. Admin. Code § R11-2-814 Incremental Financial Assurance

If financial assurance is provided on an incremental basis as permitted under A.R.S. § 27-995, the amount shall be equal to or greater than the estimated cost of reclamation for surface disturbances created during that increment.

History

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

Ariz. Admin. Code § R11-2-815 Financial Assurance Funding

Except where limited by statute or this Article, financial assurance provided by the owner or operator may be funded by the owner, the operator, by any 3rd party, or by any combination of persons or entities.

History

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

Ariz. Admin. Code § R11-2-816 Limited Individual Financial Assurance for Single Unit

Whenever 2 or more persons or entities are named as owners or operators in a single exploration operation or mining unit, the owners or operators may limit the scope of their individual financial assurances so long as their financial assurances, in total, assure performance of all conditions and requirements of the Act, this Chapter, and the approved reclamation plan.

History

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

Ariz. Admin. Code § R11-2-817 Application for Release of Financial Assurance

A. The financial assurance shall not be released until all conditions and requirements of the Act and this Chapter have been satisfied.

B. Within 60 days after receiving a request for release of a financial assurance, the State Mine Inspector, or a designated agent, shall inspect the exploration operation or mining unit to determine whether the owner or operator has fulfilled the requirements of the approved reclamation plan and either:

1. Approve the release of the financial assurance or portion thereof; or

Notify the owner and operator in writing that the financial assurance or portion thereof will not be released, the reasons why, and the measures necessary to satisfy the requirements of the approved reclamation plan.

C. If a request to release is denied, the owner or operator may appeal the decision as provided by 12 A.A.C. 7, Article 6.

D. The 60 days within which the State Mine Inspector, or a designated agent, shall respond to a request to release a financial assurance may be extended by mutual agreement if conditions prevent an inspection of the reclaimed land.

E. The State Mine Inspector shall release the transferor's financial assurance mechanism upon receipt of alternate financial assurance that meets the requirements of the Act and this Chapter from the transferee.

History

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

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.

History

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

Ariz. Admin. Code § R11-2-819 Notification of Forfeiture Action

At least 30 days before exercising forfeiture, the State Mine Inspector shall notify both the owner and operator and all principals and sureties by certified mail (return receipt requested), express mail (with a receipt), and hand delivery the financial assurance is subject to forfeiture and advise the owner and operator of the right to a hearing under A.R.S. Title 41, Chapter 6.

History

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

Ariz. Admin. Code § R11-2-820 Avoidance of Forfeiture

The State Mine Inspector shall advise both the owner and operator and all principals and sureties subject to R11-2-818 of the conditions under which forfeiture may be avoided. The conditions may include:

1. An agreement by the owner and operator or another party to perform reclamation operations under a compliance schedule, determined by the State Mine Inspector, which meets the conditions of the Act, this Chapter, and the approved reclamation plan.

2. A surety bond to complete the reclamation or a portion of the reclamation applicable to the financial assurance increment if the surety can show an ability to complete the reclamation under the Act, this Chapter, and the approved reclamation plan.

History

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

Ariz. Admin. Code § R11-2-821 Notice of Exercise of Forfeiture

The State Mine Inspector shall provide written notice by certified mail (return receipt requested) of any exercise of forfeiture of financial assurance to both the owner and operator and all principals and sureties.

History

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

Ariz. Admin. Code § R11-2-822 Full Release of Financial Assurance

The full release of financial assurance pursuant to A.R.S. § 27-996(B), or as otherwise provided by the Act and this Chapter, shall be evidence the owner or operator has reclaimed as required by the Act, this Chapter, and the approved reclamation plan.

History

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

Chapter 3 STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION

Article 1 DEFINITIONS

Ariz. Admin. Code § R11-3-101 Definitions

The definitions at A.R.S. §§ 27-441 and 27-1201 apply to this Chapter. Additionally, unless the context requires otherwise, in this Chapter:

"Act" means the Arizona Mined Land Reclamation Act, enacted in 2005, A.R.S. § 27-1201 et seq., as amended.

"Approved reclamation plan" means a plan for reclaiming surface disturbances submitted by the responsible party and approved by the Inspector.

"Borrow pit" means an unregulated excavation surface disturbance from which overburden is extracted for use as fill material in the form in which it is extracted.

"Completion," means permanent discontinuance of mining activity of an exploration operation or aggregate mining unit without the intent to resume mining activity.

"Growth media" means substances or materials that promote or support vegetation.

"Inert material," as defined at A.R.S. §§ 49-201 and 49-701, means broken concrete, asphaltic pavement, manufactured asbestos-containing products, brick, rock, gravel, sand, and soil. Inert material includes materials that when subjected to a water leach test that is designed to approximate natural infiltrating waters will not leach substances in concentrations that exceed numeric aquifer water quality standards established under A.R.S. § 49-223, including overburden and wall rock that is not acid generating, taking into consideration acid neutralization potential, and that has not and will not be subject to mine leaching operations.

"Inspection" means a visual review of an exploration operation or aggregate mining unit to assure compliance with the Act, this Chapter, and conditions of an approved reclamation plan.

"Institutional controls" means mechanisms that guide, manage, or exercise restraint or direction, including deed restrictions, to protect public safety, fencing districts, and physical control of access.

"Mining activity" means any action directly involved in mineral exploration, development, or production at or on an exploration operation or aggregate mining unit.

"Non-mining excavation surface disturbance" means a surface disturbance or excavation that is not an integral or active part of an aggregate mining activity at an aggregate mining facility and does not require reclamation under the Act or this Chapter. Non-mining excavation surface disturbance includes construction excavations, borrow pits, and other site-development excavations that are not used for aggregate development, occur on a one-time or intermittent basis, and involve no processing except use of a screen to remove large rocks, wood, and trash.

"Operator" means a person or the person's designated agent, who is legally responsible for directing mining activity at an exploration operation or aggregate mining unit.

"Overburden" means material covering an area that lends itself to economical exploitation.

"Owner" means a person that owns land with surface disturbances subject to the Act and this Chapter.

"Person" means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.

"Responsible party" means the owner or operator designated in an aggregate site reclamation plan as the person responsible under the Act and this Chapter.

"Riprap" means loose stone or other material used to armor shorelines, streambeds, bridge abutments, pilings, and other structures against erosion.

"Showing of good cause" means a demonstration by the responsible party of:

A reason beyond the responsible party's control that prevents or limits the ability to act within required time limits; or Good faith efforts toward the coordination and submission of a aggregate site reclamation plan.

"Substantial change" means one or more of the following alterations to an approved reclamation plan:

Change in the post-aggregate mining use of the land from that stated in the approved reclamation plan;

New surface disturbance that cannot be reclaimed in a manner substantially similar to that stated in the approved reclamation plan;

Change to the final topography of a surface disturbance that substantially affects the reclamation measures stated in the approved reclamation plan;

Change to reclamation measures stated in the approved reclamation plan that has the effect of lessening restrictions to public access to pits or other surface features that may cause a hazard to persons legally on the premises;

Change to reclamation measures stated in the approved reclamation plan that materially affects post-aggregate mining land use;

Change to reclamation measures stated in the approved reclamation plan that materially affects the reclamation of access roads, drill pads, drill holes, trenches, and other exploration workings;

New surface disturbance or expansion beyond the boundaries stated in the approved reclamation plan; or

Significant decreases in the cost estimate stated in the reclamation plan to perform reclamation measures for the purpose of determining financial assurance requirements under Article 5 of the Act.

History

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

Ariz. Admin. Code § R11-3-102 Licensing Time Frames

As required under A.R.S. § 27-1236, the Inspector shall make all approvals or denials in accordance with applicable licensing time frames and procedures.

History

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

Ariz. Admin. Code § R11-3-103 Appeals

As authorized under A.R.S. § 27-1235 and provided under A.R.S. Title 41, Chapter 6, Article 10, a person may appeal an action of the Inspector taken under the Act and this Chapter.

History

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

Article 2 GENERAL REGULATORY PROVISIONS

Ariz. Admin. Code § R11-3-201 Document Submittals

A. A responsible party shall submit to the Inspector any document required under the Act or this Chapter by certified mail with a receipt or hand delivery.

B. If the document submitted under subsection (A) is a reclamation plan, the responsible party shall ensure an original plus three copies, including any attachments to the plan or amendments, are submitted to the Inspector.

C. For all documents submitted under subsection (A), the responsible party shall:

1. Sign and date the documents or ensure the documents are signed and dated by an individual with legal authority from the owner or operator; and

2. Include the names and addresses of the owner and operator.

History

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

Ariz. Admin. Code § R11-3-202 Preservation of Documents

A. A responsible party shall retain:

1. A copy of the current approved reclamation plan,

2. All reclamation plans for areas for which reclamation is complete, and

3. The most recent annual status report required under R11-3-504.

B. The responsible party shall retain the documents listed in subsection (A) until all reclamation measures are complete.

C. The responsible party shall make the documents listed in subsection (A) available, on site, for examination by the Inspector.

History

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

Ariz. Admin. Code § R11-3-203 Extension of Time for Submittal of Reclamation Plan

A. As provided under A.R.S. § 27-1222, the responsible party may petition the Inspector for extensions of time in which to submit a reclamation plan for an existing exploration operation or an existing aggregate mining unit.

B. The Inspector shall not grant an extension of more than 90 days.

C. For each extension petition after the first, the responsible party shall ensure the revised petition identifies any changes in relevant factors that warrant an additional extension.

History

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

Ariz. Admin. Code § R11-3-204 Supersedure by Federal Plan

A. As authorized under A.R.S. § 27-1232, the responsible party of an exploration operation or aggregate mining unit located in whole or part on federally administered land may submit notice to the Inspector of the existence of an approved federal reclamation plan and financial assurance mechanism. The responsible party shall attach to the notice a copy of the approved federal reclamation plan and financial assurance mechanism.

B. Within 30 days after receiving the notice referenced in subsection (A), the Inspector shall determine whether the approved federal reclamation plan and financial assurance mechanism are consistent with and supersede the requirements of the Act and this Chapter. If the Inspector determines the approved federal reclamation plan and financial assurance mechanism;

1. Are consistent with the requirements of the Act and this Chapter, the Inspector shall provide written notice of the determination to the responsible party.

2. Are not consistent with the requirements of the Act and this Chapter, the Inspector shall provide written notice of the determination to the responsible party and explain the basis for the determination.

History

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

Ariz. Admin. Code § R11-3-205 Extension of Time to Initiate Reclamation

A. If the owner or operator of an exploration operation or aggregate mining unit believes the conditions specified in A.R.S. § 27-1226(B) are met, the responsible party for the exploration operation or aggregate mining unit may submit a request for an extension of time to begin reclamation. The responsible party shall submit the request of an extension of time at least 45 days before the times specified in A.R.S. § 27-1226(A).

B. Within 30 days after receiving a request under subsection (A), the Inspector shall approve or disapprove the request and send written notice of the decision to the responsible party. If the Inspector fails to act on the request within 30 days after receiving the request, the request shall be deemed approved.

C. If the Inspector disapproves a request submitted under subsection (A), the Inspector shall include an explanation of reasons for the disapproval in the written notice sent under subsection (B).

History

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

Ariz. Admin. Code § R11-3-206 Variance

A. In addition to information required under the Act or this Chapter, a request for variance submitted under A.R.S. § 27-1237 shall include:

1. Identification by owner or operator and mine name, if any, of the exploration operation or mining unit for which the variance is sought;

Descriptive location of the property on which the exploration operation or mining unit is located;

Identification of the statutory or regulatory provision or requirement or condition of the approved reclamation plan from which the variance is sought;

4. Justification for the variance; and

5. Alternative methods or measures to be used.

B. Within 30 days after receiving a request for variance under A.R.S. § 27-1237, the Inspector shall issue a conditional order authorizing the variance or denying the request. If the Inspector denies the request for variance, the order shall include an explanation of reasons for the denial.

History

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

Ariz. Admin. Code § R11-3-207 Notice of Proposed Substantial Change to Approved Reclamation Plan

A. As required under A.R.S. § 27-1227(B), a responsible party that intends to make a change to an approved reclamation plan shall file notice of the proposed change with the Inspector and indicate the purpose and scope of the proposed change and whether the proposed change is believed to be substantial.

B. If the Inspector determines within 15 days after receipt of the notice that the proposed change is substantial, the responsible party shall submit an amendment for approval.

C. After submittal of the amendment and the fee specified under R11-3-210, the Inspector shall provide written notice to the responsible party approving or disapproving the proposed substantial change within 90 days. If the Inspector disapproves the proposed substantial change, the written notice shall include an explanation of reasons for the disapproval.

D. Before implementing an approved substantial change, the responsible party shall submit any required modifications to the financial assurance to account for the substantial change.

History

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

Ariz. Admin. Code § R11-3-208 Temporary Suspension, Permanent Termination, or Abandonment of Aggregate Mining Activity

If no mining activity takes place at an aggregate mining facility for 180 consecutive days, the responsible party of the aggregate mining facility shall provide to the Inspector the notice required under A.R.S. § 27-303. The responsible party shall provide the notice using a form acceptable to the Inspector.

History

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

Ariz. Admin. Code § R11-3-209 Cessation of Aggregate Mining Activity

A. The Inspector shall consider the cessation of aggregate mining activity to have occurred if:

1. No aggregate mining activity has occurred during the last 12 months and no mining entity has notified the Inspector of an agreement under A.R.S. § 27-1228 to transfer an approved reclamation plan;

2. The person conducting the aggregate mining activity has gone out of business and the Inspector has received no notice from a succeeding legal entity;

3. An extension of time to initiate reclamation provided under R11-3-205 has expired and no other extension has been requested; or

4. The annual status report required under R11-3-504 is at least 180 days overdue.

B. If the Inspector determines under subsection (A) that mining activity has ceased at an aggregate mining facility, the Inspector shall provide written notice of the determination to the last known address of the responsible party by the U.S. Postal Service with receipt or hand delivery. The notice shall inform the responsible party of the determination of cessation of mining activity and provide 45 days in which to respond to the determination. If the responsible party does not respond within the 45 days provided, the determination of cessation is final.

C. The date on which the determination of cessation is final is the date the responsible party shall use to calculate, under A.R.S. § 27-1226, the date for initiation of reclamation.

History

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

Ariz. Admin. Code § R11-3-210 Fees

As specifically authorized under A.R.S. § 27-1233, the Inspector establishes and shall collect the following fees:

1. Reclamation plan for an exploration operation: $1,565;

2. Substantial change to an approved exploration operation reclamation plan: $1,565 for up to 20 acres of disturbances, including testing plots or roadway disturbances, plus $20/acre when the change is greater than 10 percent or 20 acres, whichever is less;

3. Reclamation plan for aggregate mining unit or facility: $3,800 for up to 160 acres of disturbance plus $20/acre of additional disturbance; and

4. Substantial change to an approved aggregate mining unit or facility reclamation plan: $1,565 plus $20/acre when the change is greater than 10 percent or 20 acres, whichever is less.

History

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

Ariz. Admin. Code § R11-3-211 Public Notices and Meetings

A. The Inspector shall ensure notices required under A.R.S. § 27-1229 include:

1. Mailing address of the Inspector;

2. Date and time of the deadline for submitting written comments regarding the proposed reclamation plan or substantial change to an approved reclamation plan;

3. Date, time, and location of a public meeting regarding the proposed reclamation plan or substantial change to an approved reclamation plan;

4. Brief description of the proposed reclamation plan or substantial change; and

5. Designation of where the proposed reclamation plan or substantial change may be accessed.

B. The Inspector shall ensure notices required under A.R.S. § 27-1230 include:

1. Name and mailing address of the Inspector,

2. Date and time of the deadline for submitting written comments regarding the proposed reclamation plan or substantial change to an approved reclamation plan,

3. Brief description of the proposed reclamation plan or substantial change; and

4. Designation of where the proposed reclamation plan or substantial change may be accessed.

C. A person that submits a written comment shall ensure the comment:

1. Includes the name and mailing address of the commenter and describes how the commenter is adversely affected by the plan,

States clearly why the proposed reclamation plan or substantial change to an approved reclamation plan should be approved or disapproved by the Inspector,

3. Identifies the statutory or regulatory provision that justifies approval or disapproval of the proposed reclamation plan or substantial change to an approved reclamation plan, and

4. Is signed by the commenter or the commenter's agent or attorney.

D. The Inspector shall ensure public meetings conducted under A.R.S. § 27-1229 or 27-1230:

1. Inform the public of the propose reclamation plan or substantial change to an approved reclamation plan, and

2. Allow time for persons to make statements and submit written comment regarding the propose reclamation plan or substantial change to an approved reclamation plan.

E. The person presiding at a public meeting conducted under A.R.S. § 27-1229 or 27-1230 shall maintain order and allot equitable time for oral comments by participants.

F. The Inspector may schedule persons that have an interest in or are knowledgeable about the propose reclamation plan or substantial change to an approved reclamation plan to speak at the public meeting conducted under A.R.S § 27-1229 or 27-1230.

G. With regard to public meetings conducted under A.R.S. § 27-1229 or 27-1230, the Inspector shall:

1. Maintain a record of the public meetings and make the record available to the public during normal business hours at the Inspector's office; and

2. Include the agenda, written comments submitted by the deadline specified in subsection (B)(2), and electronic recording or transcript of the public meeting in the record maintained under subsection (G)(1).

History

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

Ariz. Admin. Code § R11-3-212 Public Disclosure

A. Any records, reports, or information obtained or prepared by the Inspector under the Act or this Chapter must be available to the public as specifically authorized under A.R.S. § 27-1231.

B. Under A.R.S. § 39-121.01, a person may request to review or copy any public record of which the Inspector is custodian.

History

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

Article 3 EXPLORATION OPERATION RECLAMATION PLAN

Ariz. Admin. Code § R11-3-301 Exploration Operation Reclamation Plan Content

A. The responsible party of an exploration operation shall submit to the Inspector a reclamation plan before the exploration operation disturbs more than five contiguous acres. The reclamation plan shall include the following:

Information specified under A.R.S. § 27-1251(A);

2. Information to meet the criteria for approval specified in A.R.S. § 27-1253, as applicable;

3. A figure or exhibit of the layout of the exploration operation showing the location, nature, and acreage of each disturbance. The sketch does not need to include specific survey coordinates identifying exact topographic features or geographic locations; and

4. Name and address of the responsible party.

B. Within 60 days after receiving a reclamation plan submitted under this Section, the Inspector shall approve the reclamation plan if it meets the requirements in this Section.

History

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

Ariz. Admin. Code § R11-3-302 Modification of Exploration Operation Reclamation Plan

A. As required under A.R.S. § 27 1255, the responsible party may modify an exploration reclamation plan to:

1. Address types of surface disturbances that will be conducted during exploration operations but have not been previously addressed in the reclamation plan, or

2. Submit additional financial assurance, if any.

B. Before modifying an exploration operation reclamation plan, the responsible party shall submit a request to modify the approved reclamation plan. Within 45 days after receiving a request to modify the approved exploration operation reclamation plan, the Inspector shall provide the responsible party with written notice the request is approved if the request meets the standards specified in subsection (A) and does not propose a modification that constitutes a substantial change. If the Inspector fails to provide written notice of approval within 45 days, the request to modify, including modifications that do not constitute a substantial change, is approved.

C. Within 60 days after approval under subsection (B), the responsible party shall submit to the Inspector additional financial assurance mechanisms, if applicable, to address approved plan modifications. The Inspector shall accept or reject the additional financial assurance mechanisms within 30 days after receipt.

D. If a request to modify an approved exploration operation reclamation plan contains a proposed modification that constitutes a substantial change, the Inspector shall follow the public notice and meeting procedures required under A.R.S. § 27-1229 and specified under R11-3-211.

History

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

Article 4 EXPLORATION OPERATION RECLAMATION STANDARDS

Ariz. Admin. Code § R11-3-401 Restricted Access

As required under A.R.S. § 27-1253, if an open pit or trench will remain at a place frequented by the public, the responsible party for an exploration operation reclamation plan shall ensure measures are taken to restrict access to the open pit or trench. These measures may include fencing and posting visible warning signs.

History

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

Ariz. Admin. Code § R11-3-402 Trash Removal

The responsible party shall ensure that trash and other materials and structures incidental to exploration that pose a threat to public safety, create a public nuisance, or are inconsistent with an approved reclamation plan are removed promptly.

History

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

Article 5 AGGREGATE MINING UNIT RECLAMATION PLAN

Ariz. Admin. Code § R11-3-501 Aggregate Mining Unit Reclamation Plan Content

A. Before beginning any mining activity, the responsible party of an aggregate mining facility shall submit to the Inspector a reclamation plan. The reclamation plan shall include the information specified in A.R.S. § 27-1271, unless excluded under A.R.S. § 27-1275, including elements in Articles 6 and 7, if applicable. The reclamation plan may include the following:

1. Maps of the existing or proposed surface disturbances for all aggregate mining units of the aggregate mining facility indicating the following, as applicable:

a. Boundaries of each aggregate mining unit including any offsets and setbacks;

b. Boundaries of the aggregate mining facility on which the aggregate mining unit is located;

c. Existing and proposed post-aggregate mining sites;

d. Post-reclamation physical topography including all surface elevations and approximate under-water surface configurations or elevations;

e. Natural features including surface water and the elevation of any pond or lake;

f. Surface disturbances including pits, excavations, walls, worksite pads, parking lots, storage areas, water dikes or ditches, temporary or permanent structures, temporary trailers or pads, and equipment;

g. Aggregate mine development rock piles, soil or growth media storage piles, overburden stockpiles, and other piles of unconsolidated materials;

h. Settling ponds and waste materials or fines materials;

i. Roads, building or foundations and pads, other structures, stationary equipment, fences, including security fences and gates, and berms;

j. Other features that will be abated or removed including water wells, power lines, utilities, and buildings not required in the post-aggregate mining land use; and

k. Final post-aggregate mining land use objectives for each portion of surface disturbance in each aggregate mining unit. Multiple post-aggregate mining land uses may be listed for an aggregate mining unit but each use is required to meet the requirement of the Act and this Chapter;

2. An indication whether the owner or operator is the responsible party and if the operator is the responsible party, a description of the legal relationship between the owner and the operator including the length of the lease and a general description of lease provisions governing reclamation.

B. The Inspector shall approve or disapprove a submitted reclamation plan for an aggregate mining unit according to the licensing time frames specified in A.R.S. § 27-1272.

History

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

Ariz. Admin. Code § R11-3-502 Estimating the Cost of Reclamation

A. When submitting estimated costs to perform a proposed reclamation, as required under A.R.S. §§ 27-1271(B)(11) and 27-1292, the responsible party shall ensure the estimate equals the amount necessary for a third party to perform each proposed reclamation measure listed in the proposed reclamation plan. The responsible party shall ensure the estimate includes:

1. Itemized calculation of estimated cost to perform all reclamation measures for each category of mining activity;

2. Documentation demonstrating how the estimated cost for each category of mining activity, including subtotals and totals, was calculated; and

3. Identification of the source of information used to estimate each cost.

B. In estimating the cost of executing the reclamation plan, all activities in the reclamation plan shall be addressed, including, if applicable:

1. Earth moving, regrading, and stabilization of surface disturbances and slopes;

2. Revegetation preparation of seedbed, and planting or other stabilization methods;

3. Demolition of buildings and other structures not to remain after cessation of mining;

4. Removal of trash, scrap metal, and other materials;

5. Equipment mobilization and demobilization

On-going activities required to maintain the effectiveness of reclamation and stabilization or in place of reclamation. This includes periodic clean-out of sediment basins and maintenance of signs, berms, and fences used to prevent access to areas that pose a threat to public safety;

7. Contractor profit; and

8. Administrative overhead.

C. The Inspector shall review the estimated costs submitted under subsection (A) and determine whether the estimate is adequate to complete all required reclamation. The Inspector shall use the estimated costs to determine the amount of required financial assurance.

D. If the Inspector determines the estimated costs submitted under subsection (A) are inadequate to complete all required reclamation, the Inspector shall deem the reclamation plan incomplete under A.R.S. §§ 27-1252 or 27-1272.

History

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

Ariz. Admin. Code § R11-3-503 Multiple Post-aggregate Mining Land Uses

A reclamation plan may list multiple post-aggregate mining land uses for an aggregate mining unit if the reclamation plan shows the post-aggregate mining land use for each area and each use satisfies the requirements of the Act and this Chapter.

History

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

Ariz. Admin. Code § R11-3-504 Annual Status Report

A. As required under A.R.S. § 27-1277, the responsible party shall submit an annual status report to the Inspector using a form prescribed by the Inspector.

B. The responsible party shall submit the annual status report within 60 days after the anniversary date of the approval of the reclamation plan

C. The responsible party shall submit a separate annual status report for each approved reclamation plan.

D. The responsible party shall include in the annual status report the information listed under A.R.S. § 27-1277(B) for the year preceding the anniversary date of the approval of the reclamation plan and address:

1. Whether the aggregate mining operation is currently active, inactive, or in maintenance status;

2. Changes to the mining site such as phases, borders, and offsets or setbacks;

3. Changes to security measures such as fences, gates, berms, or dikes;

Changes to costs for reclaming the area of disturbance;

5. Financial assurance mechanism currently in effect and whether there has been a change in the financial assurance mechanism during the reporting year; and

6. A map, aerial photograph, or both identifying changes made during the reporting year. This includes:

a. Location of changes to the boundaries of the area of disturbance including areas not identified in the original approved reclamation plan;

b. Location of changes to the reclaimed area;

c. Any new features such as berms, gates, dikes, or fences; and

d. Any movement of process areas, roads, and stockpile areas.

E. If there have been no changes since the previous year, neither new maps nor new aerial photographs are necessary and the responsible party shall state there are no changes since the previous annual status report.

History

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

Ariz. Admin. Code § R11-3-505 Life of an Approved Reclamation Plan

An approved reclamation plan and any approved substantial changes to the approved reclamation plan remain in effect until the reclamation is complete and all financial assurance is released.

History

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

Article 6 AGGREGATE MINING UNIT RECLAMATION STANDARDS

Ariz. Admin. Code § R11-3-601 Public Safety Standards

A. The responsible party shall ensure reclamation activities at a mining unit are designed to reduce hazards to public safety to the extent technically and economically practicable by measures including:

1. Removing scrap metal, wood, trash, and other debris that pose a threat to public safety, create a public nuisance, or are inconsistent with the approved reclamation plan; and

2. Re-grading slopes as prescribed under R11-3-602 and R11-3-705 for erosion control.

B. The responsible party shall ensure structures, equipment, and excavations at the reclamation site are maintained in a manner that is safe and restricts public access.

C. If public access to a surface feature that may be a hazard to public safety cannot be reduced adequately through reclamation measures, if structures, equipment, or excavations remain as part of the approved post-aggregate mining land use, or if a mining unit is exempt from reclamation under A.R.S. § 27-1275(A), the responsible party shall take the following steps to protect public safety:

1. Construct berms, fences, barriers, or a combination of these measures to restrict public access to the reclamation site;

2. Post and maintain visible warning signs in locations at which public access to the reclamation site is available; and

3. Implement institutional controls to provide safe and stable conditions by all practicable measures.

History

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

Ariz. Admin. Code § R11-3-602 Erosion Control and Topographic Contouring

A. The responsible party shall ensure an aggregate mining unit is reclaimed to a stable condition for erosion control and seismic activity.

B. The responsible party shall ensure grading and other topographic contouring are conducted, as necessary, to establish final land forms that are:

1. Suitable for the post-aggregate mining land use objective in the approved reclamation plan, and

2. Stable under static and dynamic conditions as certified by a qualified engineer considering the following:

a. Site-specific seismic conditions,

b. Safety factors consistent with good engineering practices, and

c. The hazard to public safety if failure occurs.

C. The responsible party shall ensure site-specific grading, revegetation, and other erosion control measures are conducted to minimize erosion.

D. The responsible party shall erosion control measures are conducted so permanent piles of aggregate mine overburden and fine materials do not restrict surface drainage, contribute to excessive erosion, or compromise the stability of the reclaimed aggregate mining unit.

E. The responsible party shall ensure a reclamation plan includes:

A narrative describing the current topography and proposed final topography of the aggregate mining unit;

Measures to be taken including the final slope configuration, to reclam overburden dumps, waste-rock stockpiles, sediment ponds, and fines piles; and

3. Re-grading and reclamation measures to be taken regarding excavations, ponds, open pits, and rock faces unless the Inspector has determined measures under this subsection are impractical under A.R.S § 27-1275.

F. If an excavation, pond, open pit, or rock face is not to be reclaimed under A.R.S. § 27-1275, the responsible party shall include in the reclamation plan measures adequate to restrict access to the hazard and maintain public safety. The measures may include installing and maintaining berms, fences, and other barriers, posting warning signs, or taking any combination of measures adequate to protect the public.

History

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

Ariz. Admin. Code § R11-3-603 Roads

A. The responsible party shall ensure reclamation of a road not included in an approved reclamation plan as part of an approved post-aggregate mining land use begins once the road is no longer needed for operations, reclamation, or monitoring.

B. The responsible party shall ensure the following steps are taken to achieve the post-aggregate mining land use specified in the approved reclamation plan:

1. Control vehicular traffic on the reclamation area;

2. Restore surface drainage patterns to pre-mining conditions or establish new surface drainage patterns;

3. Remove or stabilize bridges and culverts. If a bridge or culvert remains, protect it from erosion with rock, concrete, and riprap; and

4. Rip, plow, scarify, and revegetate roadbeds as necessary.

History

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

Article 7 REVEGETATION AND SOIL STANDARDS

Ariz. Admin. Code § R11-3-701 Revegetation Provisions

A. If revegetation is part of a proposed reclamation plan, the responsible party shall ensure the plan is consistent with A.R.S. § 27-1271(B)(9)(c) regarding:

1. Season of revegetation;

2. Species and amounts per acre of seeds or flora;

3. Planting methods; and

4. Measures to address revegetation, conservation, and care and monitoring of revegetated areas.

B. If the post-aggregate mining land use objective is grazing, fish or wildlife habitat, or forestry or recreation, the responsible party shall ensure the type, density, and diversity of vegetation proposed in the reclamation plan will encourage the type of wildlife or fish habitat desired and is compatible with the wildlife and fish habitat on adjacent lands.

C. The responsible party shall ensure the proposed reclamation plan specifically describes the techniques, methods, controls, and measures to be used regarding the following, as applicable:

1. Mulching,

2. Irrigating,

3. Controlling pests,

4. Controlling for disease, and

5. Managing growth.

History

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

Ariz. Admin. Code § R11-3-702 Revegetation Standards

A. If surface disturbances at an aggregate mining location to be revegetated have caused the soil to compact, the responsible party shall ensure ripping, disking, or other means are used to reduce the compaction and establish a suitable root zone before planting.

B. The responsible party shall ensure revegetation is conducted using plant species that will support the approved post-aggregate mining land use.

C. Revegetation that differs in species, density, or diversity from pre-aggregate mining conditions or conditions on adjacent lands may be used only if:

1. Post-aggregate mining land use differs from pre-aggregate mining land use or the use on adjacent lands; and

2. Soil conditions, topography, or other site-specific characteristics of the surface disturbance make revegetating the land to pre-aggregate mining conditions or conditions on adjacent lands technically or economically impracticable.

D. The responsible party shall ensure revegetation is conducted during the time of year most favorable for plant establishment.

E. The responsible party may use soil stabilizing practices, irrigation measures, or both to establish vegetation.

History

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

Ariz. Admin. Code § R11-3-703 Conservation of Soil

If soil conservation is required under A.R.S. § 27-1274 at a surface disturbance, the responsible party shall:

1. Mark any stockpile of conserved soil with a legible sign that identifies the stockpile as "SOIL," and

2. Stabilize a stockpile of conserved soil as necessary to prevent excessive loss from erosion.

History

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

Ariz. Admin. Code § R11-3-704 Redistribution of Soil

Before redistributing a stockpile of soil conserved under R11-3-703, the responsible party shall:

1. Treat the area of disturbance as necessary to reduce potential for slippage of the redistributed soil or to enhance root penetration, and

2. Take steps to redistribute the soil in a manner that:

a. Prevents excess compaction, and

b. Achieves a thickness consistent with the approved post-aggregate mining land use.

History

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

Ariz. Admin. Code § R11-3-705 Off-site Soil

A. In accordance with an approved post-aggregate mining reclamation plan, the responsible party shall ensure:

1. Final capping growth media, including growth media brought from off-site:

a. Supports vegetation that is not listed in R3-4-245 ,

b. Provides a stable growing surface, and

c. Does not create a hazard to public safety; and

2. All slopes and benches are no steeper than 2H:1V unless otherwise approved by a professional engineer for seismic stability.

B. If all the filling for engineered slopes in an approved post-aggregate reclamation plan cannot be performed within a year after cessation of aggregate mining or the last aggregate mining activity, the responsible party shall submit a written request to the Inspector for an extension of time. The Inspector shall retain a financial assurance mechanism until all safe slope building and stability procedures in the approved post-aggregate reclamation plan are completed.

History

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

Article 8 FINANCIAL ASSURANCE

Ariz. Admin. Code § R11-3-801 Definitions

A. Unless otherwise defined in the Act or this Chapter, the terms used in this Article have the meaning understood under generally accepted accounting principles and practices.

B. In this Article:

1. "ICPA" means Independent Certified Public Account.

2. "Parent corporation" means a corporation that directly owns at least 50 percent of the voting stock in another corporation. The other corporation is called a subsidiary of the parent corporation.

3. "Substantial business relationship" means the extent of a business relationship necessary under applicable state law to make a guarantee contract, issued incident to that relationship, valid and enforceable. A substantial business relationship arises from a pattern of recent or ongoing business transactions so a currently existing business relationship between a guarantor and the owner or operator is shown to the satisfaction of the Inspector.

4. "Tangible net worth" means a responsible party's total assets minus the value of all liabilities and intangible assets.

5. "Intangible assets" means non-physical resources and rights, such as goodwill, patents, intellectual property, and copyrights, which have value to the responsible party because they provide a marketing advantage.

History

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

Ariz. Admin. Code § R11-3-802 Amount of Financial Assurance

A. Under the terms of A.R.S. § 27-1271(B)(11) and R11-3-502, the Inspector shall determine the amount of financial assurance required of a responsible party.

B. Any financial assurance information offered by a responsible party shall meet the requirements of the Act and this Chapter.

C. The Inspector shall review financial assurance information offered by a responsible party to determine whether the amount of financial assurance is sufficient to meet the standard at A.R.S. § 27-1292(C). The Inspector may rely on standards commonly used by a commercial lender to evaluate the offered financial assurance.

D. Within 30 days after receiving a responsible party's offered financial assurance information, the Inspector shall provide the responsible party with written notice the financial assurance is approved, disapproved, or additional information is needed. If additional information is needed, the Inspector may require the responsible party to provide the Inspector with a written legal opinion from an attorney admitted to practice law in Arizona that the offered financial assurance is lawful, enforceable under existing law, and can be drawn on in case of default. A responsible party required to provide a written legal opinion shall do so at the responsible party's expense.

E. If an approved financial assurance mechanism is canceled by the issuing institution, the responsible party shall provide the Inspector, within 90 days after the notice of cancellation, with evidence an alternate financial assurance mechanism has been obtained.

F. A responsible party may cancel a financial assurance mechanism and replace it with an alternate financial assurance mechanism approved by the Inspector.

History

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

Ariz. Admin. Code § R11-3-803 Blanket Financial Assurance

A. A responsible party may offer a single financial assurance mechanism to cover the reclamation costs of two or more aggregate exploration operations or mining units or facilities rather than a separate financial assurance mechanism for each aggregate exploration operation or mining unit or facility.

B. If a single financial assurance mechanism is offered under subsection (A), the responsible party shall ensure the total amount of financial assurance offered equals the total cost to reclaim all aggregate exploration operations or mining units or facilities covered by the single financial assurance mechanism.

C. To cover an additional aggregate exploration operation or mining unit or facility under a single financial assurance mechanism offered under subsection (A), the responsible party shall provide an updated financial assurance mechanism that meets the standard in subsection (B).

History

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

Ariz. Admin. Code § R11-3-804 Surety Bond

A. A responsible party may offer a surety bond as financial assurance required under the Act and this Chapter. The responsible party shall ensure a surety bond offered as financial assurance:

1. Is an indemnity agreement in a sum certain,

2. Is payable to the State of Arizona,

3. Is executed by the responsible party as principal,

Is on a form provided by or acceptable to the Inspector,

5. Remains in effect until released by the Inspector or canceled by the surety,

6. Is issued by an insurer authorized to transact surety business in Arizona under A.R.S. Title 20,

7. Has a power of attorney attached, and

8. Is signed by the principal and the surety's attorney-in-fact.

B. A surety bond offered as financial assurance under subsection (A) may include a provision allowing the surety to cancel the surety bond by providing 60 days' written notice to the Inspector. Within 45 days after receipt of written notice of cancellation of the surety bond, the responsible party shall provide the Inspector with evidence of new financial assurance approved by the Inspector.

History

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

Ariz. Admin. Code § R11-3-805 Certificate of Deposit

A responsible party may offer a certificate of deposit as financial assurance required under the Act and this Chapter. The responsible party shall ensure a certificate of deposit offered as financial assurance:

1. Is payable or assigned to the State Treasurer;

2. Complies with A.R.S. § 35-155 and any rules made under it;

3. Is on a form provided by or acceptable to the Inspector;

4. Assigns and transfers all rights, title, and interest in the certificate of deposit to the State Treasurer except accruing interest remains the property of the responsible party;

5. Provides the State Treasurer the right to redeem, collect, and withdraw the full amount of the certificate of deposit at any time without notice to the responsible party; and

6. Provides the assignment remains in effect until the Inspector authorizes its release in writing.

History

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

Ariz. Admin. Code § R11-3-806 Trust

A. A responsible party may satisfy the financial assurance requirements in the Act and this Chapter by establishing an irrevocable trust with the State of Arizona as the primary beneficiary.

B. The responsible party shall ensure the trust fund established under subsection (A) has a pay-in period that meets the requirements of the Act and this Chapter.

C. The responsible party shall:

1. Submit a duplicate of the trust agreement, with an original signature, to the Inspector to be placed in the operating record of the aggregate exploration operation or mining unit or facility;

2. Initially fund the trust in an amount equal to or greater than the estimated cost in the approved reclamation plan to reclaim surface disturbances existing when the trust is established and all other surface disturbances to occur during the first year of the trust;

3. Make payments to the trust at least annually no later than 30 days after the anniversary date of the initial funding made under subsection (C)(2); and

4. Ensure annual payments made to the trust under subsection (C)(3) are in an amount equal to or greater than the amount required to pay all costs to reclaim surface disturbances made during the annual period.

D. If a responsible party establishes a trust under subsection (A) after having used one or more alternative financial assurance mechanisms, the responsible party shall still comply with the provisions in subsection (C) except the amount of initial funding shall be equal to or greater than the estimated cost not covered by the alternative financial assurance mechanisms.

History

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

Ariz. Admin. Code § R11-3-807 Letter of Credit

A. A responsible party may satisfy the financial assurance requirements in the Act and this Chapter by obtaining a confirmed, irrevocable stand-by letter of credit naming with State of Arizona as the primary beneficiary.

B. The responsible party shall ensure the letter of credit is issued by a financial institution that:

1. Has authority to issue letters of credit,

2. Is federally insured, and

3. Has letter-of-credit operations regulated by the federal government and examined by an Arizona state agency.

C. The responsible party shall ensure the letter of credit:

1. Is for a period that exceeds one year by at least 90 days;

2. Contains terms acceptable to the Inspector;

3. Is in an amount equal to or greater than the estimated cost in the approved reclamation plan;

4. Indicates clearly the conditions under which the State of Arizona may draw on the letter of credit; and

5. Except as provided in subsection (E), indicates the letter of credit may be cancelled only by the issuing financial institution or the Inspector.

D. The financial institution that issued a letter of credit under subsection (B) may cancel the letter of credit by sending notice of cancellation by certified mail to both the responsible party and Inspector at least 120 days in advance of cancellation. Within 90 days after receiving the notice of cancellation, the responsible party shall provide the Inspector with evidence an alternate financial assurance mechanism that meets the requirements of the Act and this Chapter has been obtained.

E. A responsible party may cancel a letter of credit issued under subsection (B) if the responsible party:

1. Provides the Inspector with evidence an alternate financial assurance mechanism that meets the requirements of the Act and this Chapter has been substituted; or

2. Is released by the Inspector under A.R.S. § 27-1296 and R11-3-816 from the financial assurance requirements in the Act and this Chapter.

History

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

Ariz. Admin. Code § R11-3-808 Insurance Policy

A. A responsible party may satisfy the financial assurance requirements in the Act and this Chapter by obtaining an insurance policy that meets the requirements of this Section.

B. The responsible party shall ensure the insurance policy is provided by an insurance company that:

1. Is non-captive;

2. Is licensed in Arizona or holds an approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers; and

3. Has an "A.M. Best" rating of not less than A-VII.

C. The responsible party shall ensure the insurance policy:

1. Guarantees insurance proceeds will be available to complete all reclamation in the approved reclamation plan if the aggregate exploration operation or mining unit or facility fails to reclaim all surface disturbances;

2. Guarantees insurance proceeds will be paid up to the amount specified on the face of the insurance policy under the direction of the Inspector to the party specified by the Inspector;

3. Indicates the insurance company providing the policy shall not cancel, terminate, or fail to renew the policy except for failure to pay the premium;

4. Provides for automatic renewal of the insurance policy at the existing face value of the insurance policy;

5. Requires that if the policy holder fails to pay the premium, the insurance company providing the insurance policy will send notice by certified mail to both the policyholder and Inspector at least 60 days before cancelling, terminating, or failing to renew the insurance policy; and

6. Requires the insurance policy to remain in full force and effect if, before the date specified in subsection (C)(5), the renewal premium is paid in full.

D. The insured may, with consent of the Inspector, seek a reduction in the amount of insurance coverage if the Inspector approves a reduced amount of financial assurance. The insurance company providing the policy shall not reduce the amount of insurance without prior consent of the Inspector. The insurance company shall notify the Inspector when the amount of insurance coverage is reduced in accordance with the approved, amended financial assurance requirement.

E. The insured may cancel the insurance policy, with notification to the Inspector, if alternate financial assurance that meets the requirements in the Act and this Chapter is substituted.

History

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

Ariz. Admin. Code § R11-3-809 Certificate of Self-insurance

A. A responsible party may satisfy the financial assurance requirements in the Act and this Chapter by successfully completing the financial test specified in this Section. Successful completion involves:

1. Submitting the information required under subsection (B), and

Demonstrating to the Inspector's satisfaction the responsible party meets the requirements under subsection (C).

B. The responsible party shall submit to the Inspector the following information and shall submit updated information annually within 120 days after the close of the responsible party's fiscal year:

1. Proof the responsible party is authorized to do business in Arizona;

2. A letter signed by the chief financial officer of the responsible party certifying:

a. The responsible party is qualified to self-insure as a financial assurance mechanism because the responsible party meets the requirements in subsection (C); and

b. The data used to reach the conclusion under subsection (B)(2)(a) are from an independently audited, year-end financial statement for the latest fiscal year of the responsible party; and

3. A copy of one of the following:

a. The financial statements the responsible party is required to submit annually to the U.S. Securities and Exchange Commission; or

b. A report from an ICPA certifying the ICPA has compared the data under subsection (B)(2)(b) with the financial statement submitted to the U.S. Securities and Exchange Commission and finds no matters requiring the data to be adjusted.

C. To qualify to self-insure as a financial assurance mechanism, the responsible party shall meet one of the three following criteria:

1. The responsible party has a tangible net worth of at least 10 times the costs estimated in the approved reclamation plan or a tangible net worth of at least $10 million, whichever is greater;

2. The responsible party has all of the following:

a. Two of the following three ratios:

i. A ratio of total liabilities to net worth of less than 2.0;

ii. A ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities great than 0.1; and

iii. A ratio of current assets to current liabilities greater than 1.5;

b. Both net working capital and tangible net worth at least six times the costs estimated in the approved reclamation plan;

c. Tangible net worth at least $10 million; and

d. Assets located in the U.S. amounting to at least 90 percent of total assets or at least six times the costs estimated in the approved reclamation plan; or

3. The responsible party has all of the following:

a. A current rating for the most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's;

b. Tangible net worth at least six times the costs estimated in the approved reclamation plan;

c. Tangible net worth at least $10 million; and

d. Assets located in the U.S. amounting to at least 90 percent of total assets or at least ten times the costs estimated in the approved reclamation plan.

D. If a responsible party that is meeting the financial assurance requirements in the Act and this Chapter by self-insuring is no longer qualified under subsection (C), the responsible party shall provide to the Inspector evidence of an alternative financial assurance mechanism within 60 days after the sooner of:

1. The end of the responsible party's fiscal year, or

2. The Inspector provides notice to the responsible party that the responsible party is no longer qualified under subsection (C).

E. If the Inspector has good cause to believe a responsible party that is meeting the financial assurance requirements in the Act and this Chapter by self-insuring is no longer qualified under subsection (C), the Inspector may require additional reporting of the responsible party's financial condition.

F. A responsible party may meet the requirements of this Section by obtaining a written guarantee. If the responsible party obtains a written guarantee:

1. The guarantor shall be:

a. The direct or higher-tier parent corporation of the responsible party;

b. A group of legal entities controlled through stock ownership by a common parent corporation;

c. A firm with a parent corporation that is also the parent corporation of the responsible party; or

d. A firm with a substantial business relationship with the responsible party.

2. The guarantor shall meet all requirements for a responsible party specified in this Section.

3. The guarantor shall comply with all terms of the guarantee. The responsible party shall ensure the guarantee includes the following terms:

a. If the responsible party fails to perform the reclamation specified in the approved reclamation plan and covered by the guarantee, the guarantor shall do so or establish a trust as specified in R11-3-806 in the name of the responsible party;

b. The guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to both the responsible party and Inspector and waits at least 120 days after both the responsible party and Inspector receive the notice of cancellation; and

c. If the responsible party fails to provide the Inspector with evidence an alternate financial assurance mechanism that meets the requirements of the Act and this Chapter has been obtained within 90 days after the responsible party and Inspector receive notice of cancellation under subsection (F)(3)(b), the guarantor shall obtain and provide evidence to the Inspector of an alternate financial assurance mechanism in the name of the responsible party.

G. A responsible party that meets the requirements of this Section by obtaining a written guarantee shall include with the information submitted under subsection (B):

1. A certified copy of the guarantee;

2. If the guarantor's parent corporation is also the parent corporation of the responsible party, a letter describing the value received in consideration of the guarantee; and

3. If the guarantor is a firm with a substantial business relationship with the responsible party, a letter describing the substantial relationship and the value received in consideration of the guarantee.

History

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

Ariz. Admin. Code § R11-3-810 Cash Deposit

A. A responsible party may satisfy the financial assurance requirements in the Act and this Chapter by depositing with the State Treasurer an amount equal to the estimated costs in the approved reclamation plan. The responsible party shall obtain from the State Treasurer a receipt of deposit showing funds are available for reclamation costs at a specified aggregate exploration operation or mining unit or facility.

B. The responsible party may cancel the deposit with the State Treasurer, with notification to the Inspector, if alternate financial assurance that meets the requirements of the Act and this Chapter is substituted.

History

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

Ariz. Admin. Code § R11-3-811 Annuity

A. A responsible party may satisfy the financial assurance requirements in the Act and this Chapter by obtaining an annuity that:

1. Meets the requirements of this Section, and

2. Names the State of Arizona as beneficiary.

B. The responsible party shall ensure the annuity is provided by an insurance company that:

1. Is licensed in Arizona or holds an approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers; and

2. Has an "A.M. Best" rating of not less than A-VII.

C. The responsible party shall ensure any incremental or annual payment for the annuity is in an amount adequate to pay all costs to reclaim surface disturbances created during the incremental or annual period.

History

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

Ariz. Admin. Code § R11-3-812 Bonding Pool

A. A responsible party may satisfy the financial assurance requirements in the Act and this Chapter by providing the Inspector with a certificate of participation in a reclamation bond pool.

B. The responsible party shall ensure the certificate of participation:

1. Is an indemnity agreement in a sum certain payable to the State of Arizona;

Is executed by a surety bond pool organization of which the responsible party is a member; and

3. Is supported by the performance guarantee of a corporation licensed to do business as a surety in Arizona.

History

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

Ariz. Admin. Code § R11-3-813 Limited Individual Financial Assurance

If two or more persons are the owners or operators of a single aggregate exploration operation or mining unit or facility, each owner or operator may limit the amount of the owner's or operator's financial assurance if the total financial assurance of all owners and operators satisfies the requirements of the Act and this Chapter.

History

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

Ariz. Admin. Code § R11-3-814 Final Action on Financial Assurance Mechanisms

As required under A.R.S. § 27-1292, the Inspector shall take final action on a financial assurance mechanism submitted by a responsible party within 30 days after the financial assurance mechanism is received.

History

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

Ariz. Admin. Code § R11-3-815 Incremental Financial Assurance

A responsible party that provides financial assurance on an incremental basis, as permitted under A.R.S. § 27-1295, shall ensure the amount of financial assurance provided during each increment is equal to or exceeds the estimated cost to reclaim surface disturbances created during the increment.

History

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

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.

History

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

Ariz. Admin. Code § R11-3-817 Forfeiture Criteria; Forfeiture of Financial Assurance

A. A financial assurance mechanism filed with the Inspector or a 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 responsible party stops or suspends any ongoing reclamation, as determined by the Inspector;

3. The responsible party stops conducting business in Arizona and does not transfer the approved reclamation plan and financial assurance to a new operator under A.R.S. § 27-1228;

4. The responsible party stops conducting business due to insolvency, bankruptcy, receivership, or engages in misconduct as described under A.R.S. § 27-1205;

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

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

B. After determining one or more of the criteria specified in subsection (A) exist, the Inspector shall initiate forfeiture action or contact any federal or state agency with which the financial assurance mechanism was filed and ask the agency to initiate forfeiture action.

History

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

Ariz. Admin. Code § R11-3-818 Notice of Forfeiture Action; Avoidance of Forfeiture

At least 30 days before initiating forfeiture action, the Inspector shall provide written notice to both the responsible party and all principals and sureties by certified mail with receipt, express mail with receipt, or hand delivery that:

1. The financial assurance is subject to forfeiture;

2. The responsible party has a right to a hearing under A.R.S. Title 41, Chapter 6, Article 10; and

3. The conditions under which the responsible party may avoid forfeiture including:

a. Reaching an agreement with the Inspector regarding a compliance schedule under which the responsible party or another party will perform reclamation operations that meet the conditions and requirements of the approved reclamation plan, the Act, and this Chapter; and

b. Obtaining a surety bond to replace the financial assurance mechanism subject to forfeiture in an amount sufficient to complete the reclamation as agreed under subsection (3)(a).

History

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

Ariz. Admin. Code § R11-3-819 Notice of Exercise of Forfeiture

The Inspector shall provide written notice by certified mail, with receipt, of any exercise of forfeiture of financial assurance to both the owner and operator and all principals and sureties.

History

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

Ariz. Admin. Code § R11-3-820 Municipal, County, or State Government

If the owner of an aggregate exploration operation or mining unit or facility is a municipal, county, or state governmental entity, the Inspector shall not require a financial assurance mechanism. However, the owner shall submit to the Inspector a written guarantee that private lands involved in the aggregate exploration operation or mining unit or facility will be reclaimed in accordance with the Act and this Chapter.

History

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

Ariz. Admin. Code § R11-3-821 Non-mining Excavation Surface Disturbances

A borrow pit, construction excavation, or other site-development excavation that is not located on mine property or related to mining is outside the jurisdiction of the Inspector but is subject to the jurisdiction of the U.S. Occupational Safety and Health Administration.

History

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