CODE ENFORCEMENT: Enforcement of this chapter shall include, but not be limited to, the town manager, town engineer, or their designee.
DEFAULT OR VIOLATION, RESTORATION AND LIEN: In the event the owner, operator or lessee defaults on any duty, obligation or responsibility created in this chapter, the town may exercise all rights, powers and remedies it has pursuant to any constitution, statute, ordinance and the common law to remedy, obtain, purchase, redevelop or condemn any material excavation or surface disturbance and to sell or redevelop such material excavation or surface disturbed area found to be in violation of this chapter, pursuant to a special use permit issued by the town or pursuant to the findings of the state mine inspector. The town can reclaim the excavated area in accordance with the approved reclamation plan and place a lien against the property in the amount equal to said reclamation costs.
DISCONTINUED OPERATION: A material excavation from which less than two hundred (200) cubic yards have been removed within a twelve (12) consecutive month period or by determination of the state mine inspector, as defined by state statute.
FUEL SALES TAX POINT OF SALE: For purposes of assessment of fuel sales taxes, the material excavation and processing operation shall be considered the point of sale for all fuel delivered to and consumed by the material extraction and processing activities. The owner/operator shall notify its fuel vendors of this provision and shall cooperate with the town to collect the appropriate fuel sales taxes.
MATERIAL EXCAVATION AND PROCESSING OPERATION OWNER: The owner of the land where material is excavated, processed or stored. The responsibility to ensure restoration of the excavation pursuant to the reclamation plan approved by the state mine inspector shall be the obligation of the property owner or operator who is designated in the reclamation plan as the person responsible (as defined in Arizona administrative code rule R11-3-101).
MATERIAL EXCAVATION AND PROCESSING OPERATION PIT: A. All of the land area used in the excavation, processing, or storage of sand, gravel, stone, crushed stone or soil; and
B. All of the land area owned by the material excavation and processing operation owner that is contiguous to an excavated area unless the owner can show that some or all of the contiguous land cannot or will not be used as a site for material extraction or excavation.
C. Material excavations owned and/or operated by the same person, firm, or corporation, and separated by less than five hundred feet (500') of land shall be considered one and the same operation. The owner may divide his land into five (5) acre units and excavate and rehabilitate five (5) acres before continuing another unit.
D. Land which has been restored in accordance to a special use permit or pursuant to a reclamation plan approved by the state mine inspector will no longer be considered as part of a material excavation and processing operation.
MATERIAL EXTRACTION: The removal of sand and gravel, bedrock, crushed rock or soil from its natural site of geologic deposition or formation. Such materials are considered personal property.
MATERIAL EXTRACTION AND PROCESSING: The term "mineral extraction and processing operation" as used in this chapter shall have the same meaning as the term "mine" as set forth in Arizona Revised Statutes section 27-301(8).
MATERIAL PROCESSING: The screening, sorting, crushing or other processing of geologic material extracted or excavated. This term includes mixing concrete or hot mix asphalt products.
MATERIAL STORAGE: The storage of sand, gravel, crushed stone, or soil in stockpiles, bins, hoppers or other forms.
MATERIAL TRANSPORTATION: Using the public roads in the town to haul sand, gravel, crushed stone, or any mixed materials including concrete hot mix, asphalt or soil except for snowplowing and sanding operations. (Ord. 08-310, 6-24-2008)
Next Doc