1. 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. 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. 2. Re-grading slopes as prescribed under R11-3-602 and R11-3-705 for erosion control.
2. 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.

3. 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. 1. Construct berms, fences, barriers, or a combination of these measures to restrict public access to the reclamation site;
   2. 2. Post and maintain visible warning signs in locations at which public access to the reclamation site is available; and
   3. 3. Implement institutional controls to provide safe and stable conditions by all practicable measures.

Historical Note

New Section made by final rulemaking at 25 A.A.R. 828, effective May 11, 2019 (Supp. 19-1).