A.R.S. tit. 27 ch. 1 — Arizona Revised Statutes Title 27 Chapter 1 — State Agencies And Officers

27-101. Definitions In this article, unless the context otherwise requires: 1. "Aggregate" means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. 2. "Mineral resources" means all metallic, nonmetallic and energy resources, including aggregate, coal, oil, natural gas, geothermal resources, carbon dioxide and helium. 3. "Minerals" includes metals and metallic and nonmetallic minerals, except oil and gas. 27-102. Arizona geological survey; state geologist; powers A. The Arizona geological survey is established within the university of Arizona with offices located in proximity to the university of Arizona in Tucson. The state geologist shall administer the Arizona geological survey and shall serve at the pleasure of the Arizona board of regents. The state geologist shall be a graduate of an accredited institution and either registered as a geologist by the state board of technical registration or a trained geologist as defined in section 32-144 and shall be otherwise qualified by education and experience to direct the research and information functions of the Arizona geological survey. B. The state geologist may: 1. Engage the services of faculty members or students, and shall have reasonable access to the data and other resources, of the university of Arizona or any other state university in this state to conduct or supervise research, experimentation or other related work of the Arizona geological survey. 2. Organize field expeditions to perform work for the Arizona geological survey using university students who are sufficiently advanced in their study of geology to be able to perform satisfactory work. 3. Establish and appoint an advisory board consisting of independent practicing geologists, university or college faculty, mining geologists and others who use and rely on data, information and other services of the Arizona geological survey. 4. Engage volunteer staff as necessary. C. The expenses of the Arizona geological survey shall be paid by annual appropriation from the state general fund and as otherwise provided by this article. 27-103. Objectives of Arizona geological survey The objectives of the Arizona geological survey are to: 1. Serve as a primary source of geologic information in this state to enhance public understanding of the state's geologic character, geologic hazards and limitations and mining and mineral resources. 2. Inform, advise and assist the public in matters concerning the geological processes, materials and landscapes and the development and use of the mineral resources of this state. 3. Encourage the wise use of the lands and mineral resources of this state toward its development. 4. Provide technical advice and assistance in geology to other state and local governmental agencies engaged in projects in which the geologic setting, character or mineral resources of the state are involved. 5. Provide technical advice and assistance in geology to industry toward the wise development and use of the mineral and land resources of this state. 27-104. Qualifications of employees; private activities relating to geological services prohibited Qualifications of employees working with the Arizona geological survey shall be prescribed by the Arizona board of regents. Neither the state geologist nor any employee working with the Arizona geological survey shall: 1. Acquire a pecuniary interest in any mineral resources property in the state. 2. Act as broker or agent for any purchaser, owner or agent of mineral resources property, equipment or products. 3. Accept any commission or compensation for services rendered in connection with industry in this state. 4. Make an investigation or report on an individual Arizona deposit of mineral resources or metallurgical process other than pursuant to such employee's official duties. 27-105. Immunity Any claim or action against the Arizona geological survey, the state geologist or any other officer, employee or volunteer working with the geological survey in the person's official capacity must be brought against the state of Arizona and not against the geological survey, state geologist or officer, employee or volunteer individually. 27-106. Duties of Arizona geological survey; mining, mineral and natural resources educational museum; definition A. Under the operation, management and authority of the university of Arizona, the Arizona geological survey shall: 1. Map and describe the bedrock and related geologic materials and processes in this state, as follows: (a) Prepare geologic maps that show the distribution of rock formations and surficial materials at the surface and in the subsurface. (b) Describe the character of rock and surficial materials, including their age, origin and physical and chemical properties. (c) Map, describe and monitor known and potential geologic hazards and limitations to land and resource management. (d) Map and characterize energy and mineral resources and identify areas that may have potential for future discoveries. 2. Provide objective, scientific information about the geologic character of this state as follows: (a) Provide timely, courteous responses to requests for information, advice and assistance from the public. (b) Maintain a computerized bibliographic database of maps and reports on the geology of this state that is accessible to the public. (c) Maintain an internet website that includes information about the Arizona geological survey, products and services available and the geologic character of this state. (d) Give lectures and talks, conduct workshops, lead field trips and provide information and assistance to public, educational and professional groups. (e) Publish reports and other information, written in nontechnical terms, to inform those who are not trained in geology about the geologic character of this state. 3. Prepare all data files of known areas of earth fissures, produce maps of those areas with overlays showing affected counties, cities, towns, highways and streets and transmit the maps in printed and electronic format to the state real estate department for the purposes of providing public access to the earth fissure maps pursuant to this paragraph and section 32-2117. The Arizona geological survey shall provide any map to any member of the public in printed or electronic format on request. The following notice shall be displayed below each map: Notice The state of Arizona has made a reasonable effort to ensure the accuracy of this map when it was produced, but errors may be present and the state of Arizona does not guarantee its accuracy. The map supplements, and is not a substitute for, a professional inspection of property for defects and conditions. 4. Operate and maintain a central repository and a computerized database for reports, books, maps and other publications regarding the geology, mining and mineral resources and associated technologies. Such repository and database shall be available for the use of the public and may be located at or connected with the university of Arizona or another state university or agency of this state. All databases and other archival materials shall be maintained in a secure and retrievable format and at a location prescribed by the state geologist to protect and preserve information from damage or destruction. 5. Utilize the services and expertise of the universities of this state at the discretion of the state geologist. 6. Cooperate with local, county, state and federal agencies. 7. Provide quality mining data, evaluation and assistance relating to mining and mineral development to the legislature, federal, state and local governmental agencies and the public. 8. Serve as a source of mining information and data necessary or advisable to attain its objectives. The Arizona board of regents may establish reasonable fees for publications and other services of the Arizona geological survey. 9. Cooperate with the corporation commission in its investigations and administration of laws relating to the sale of mining securities. 10. Keep an annually updated database relating to existing mines in this state that would allow municipalities and counties to identify areas with mineral and aggregate mines for planning purposes required under sections 9-461.05 and 11-804. B. In coordination with the mining, mineral and natural resources educational museum advisory council established by section 27-111, the university of Arizona shall operate and maintain a mining, mineral and natural resources educational museum as the state depository for collecting, cataloging and displaying mining, mineral and natural resources artifacts and specimens. In connection with the mining, mineral and natural resources educational museum, the university of Arizona may: 1. Promote the recognition and celebration of the historical, cultural, economic and social contributions to this state made by the mining, mineral and natural resources industries in this state, including the livestock and agricultural industries. 2. Apply for and accept grants, gifts, bequests of legacies of real or personal property, donations, including donations of time, services and materials, or any other contribution, financial or otherwise, for use in accordance with the direction of the donor or, in the absence of an express direction, as prescribed by the university of Arizona. Monies received pursuant to this paragraph shall be deposited in a separate mining, mineral and natural resources educational museum account in the geological survey fund established by section 27-107 to be used exclusively for the maintenance, restoration and operations of the mining, mineral and natural resources educational museum. 3. Accept from the federal or state government, any local government or any of their agencies restricted and unrestricted monies made available to this state for the mining, mineral and natural resources educational museum. 4. Establish and collect entrance fees to the mining, mineral and natural resources educational museum. 5. Operate a retail gift shop, including the acquisition, purchase and resale of mining, mineral and natural resources specimens and related items. 6. Employ a curator for the mining, mineral and natural resources educational museum who possesses knowledge or experience in natural resources and operating a museum. 7. Operate educational programming for the mining, mineral and natural resources educational museum. 8. Accept the services of volunteers and provide oversight for their activities. 9. Pay the necessary maintenance and operation expenses of the mining, mineral and natural resources educational museum. C. The university of Arizona: 1. Under the advisement of the mining, mineral and natural resources educational museum advisory council, shall adopt a collections management policy that is consistent with national standards and best practices for museums in the United States established by a national association of museums. 2. Shall maintain the items, artifacts and other inventory received for display or storage, including equipment and outdoor displays. 3. In coordination with the mining, mineral and natural resources educational museum advisory council and pursuant to the standards and best practices adopted pursuant to paragraph 1 of this subsection, may sell or otherwise dispose of materials received for the mining, mineral and natural resources educational museum. 4. Shall operate, manage and maintain the mining, mineral and natural resources educational museum at the location where it is housed on August 9, 2017 consistent with this article. 5. In coordination with the mining, mineral and natural resources educational museum advisory council, shall promote the history of this state, including the importance of the five C's. For the purposes of this paragraph, "five C's" means copper, cattle, citrus, climate and cotton. 27-107. Powers and duties; fund A. The university of Arizona shall: 1. Establish administrative functions and offices as necessary to achieve the purposes of this article. 2. Direct the work of the Arizona geological survey and the formulation of its program and policies. 3. Adopt rules as necessary to carry out the purposes of this article. B. The state geologist or the geologist's designee, at any time, may enter the property and inspect wells drilled for oil, gas, geothermal resources, helium or carbon dioxide and shall control property, machinery and appliances necessary to gauge the wells. C. The geological survey fund is established for the purposes provided in this article consisting of appropriations and all monies received pursuant to this article. Monies shall be separately accounted for and used as a continuing appropriation by the university of Arizona for the purposes provided from each source. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The fund includes a separate mining, mineral and natural resources educational museum account consisting of monies received pursuant to section 27-106, subsection B to be used exclusively for the maintenance and operations of the mining, mineral and natural resources educational museum. 27-108. Publications; deposit A. The Arizona board of regents, through the state geologist, may publish, in the form of bulletins, circulars, maps and other related series, or otherwise make available to state agencies, government officials, industry and the public the results of geological and related research and investigation undertaken by the Arizona geological survey. A publication shall not include any confidential information pursuant to section 27-522. The state geologist shall consult with the operator and obtain the approval of the scope of work for the publication before the state geologist releases any proposed publication pertaining to a project regulated by the oil and gas conservation commission. B. The publications of the Arizona geological survey shall be printed as the university of Arizona determines and distributed or sold as the interests of this state or science demand. Money obtained by the sale of publications shall be deposited in the geological survey fund established by section 27-107 for printing further publications. C. All materials collected, after having served the purpose of the Arizona geological survey, shall be made available to the universities, community colleges and high schools of this state. 27-110. Trade secrets; confidentiality; definition A. The Arizona board of regents may receive and accept geologic, engineering and feasibility studies and other economic and technical information that is considered a trade secret in the mineral industry. B. Trade secret information obtained under this section is confidential and not subject to public disclosure. C. For the purposes of this section, "trade secret" means information to which all of the following apply: 1. A person has taken reasonable measures to protect the information from disclosure and the person intends to continue to take those measures. 2. The information is not and has not been reasonably obtainable by legitimate means by other persons without the person's consent, other than by governmental entities and other than in discovery based on a showing of special need in a judicial or quasi-judicial proceeding. 3. A statute does not specifically require disclosure of the information to the public. 4. The person has satisfactorily shown that disclosing the information is likely to cause substantial harm to the person's competitive position. 27-111. Mining, mineral and natural resources educational museum advisory council; membership; duties; terms; compensation A. The mining, mineral and natural resources educational museum advisory council is established consisting of the following members who, except for the members designated pursuant to paragraphs 1, 9, 10 and 11 of this subsection, are appointed by the governor: 1. The state geologist or the state geologist's designee. 2. One member representing the livestock industry. 3. Two members representing the mining industry. 4. One member representing the agriculture industry. 5. One member representing the tourism industry. 6. One member representing the timber industry. 7. One member who is knowledgeable in gems and minerals. 8. Two members representing the public. 9. One member of the house of representatives who is appointed by the speaker of the house of representatives. 10. One member of the senate who is appointed by the president of the senate. 11. One member who is knowledgeable in museum operations and management and who is appointed by the president of the university of Arizona. B. The advisory council shall: 1. Select a chairperson and vice-chairperson from among its members. 2. Hold regular meetings and additional meetings at the call of the chairperson or a majority of its members. 3. Provide advice to the university of Arizona regarding the mining, mineral and natural resources educational museum and assist in promoting the mission of the museum, including the importance of promoting the history of this state and the five C's. The university of Arizona shall accept the recommendations of the advisory council if the state geologist finds them to be practicable and in the best interest of the mining, mineral and natural resources educational museum. For the purposes of this paragraph, "five C's" means copper, cattle, citrus, climate and cotton. 4. Establish a subcommittee to provide assistance and advice in the areas of educational programming, the hiring and retention of a curator and oversight of mineral collections. The advisory council may establish subcommittees to act in an advisory capacity on other matters relevant to the mining, mineral and natural resources educational museum and the advisory council's duties. C. The initial members appointed pursuant to subsection A, paragraphs 2, 3, 4, 5, 6 and 7 of this section shall assign themselves by lot to three, four and five year terms of office. All subsequent members serve four-year terms of office. A member may continue to serve until the member's successor is appointed and assumes office. D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. The advisory council is a public body for purposes of title 38, chapter 3, article 3.1. 27-112. Mapping; inventory; aggregate resources A. The Arizona geological survey shall establish a map and inventory of all known areas that contain aggregate resources and all existing aggregate mining facilities in this state according to county. B. On request of the state mine inspector, the state geologist shall update the maps and inventories of the aggregate resources of this state and include areas of aggregate resources discovered since the previous publication. 27-121. Qualifications of state mine inspector; affidavit; continuing education; deputy inspectors; salary; seal; immunity A. The state mine inspector shall be a resident of this state at least two years before election, be at least thirty years of age and have been practically engaged in and acquainted with mines and mining in this state. The state mine inspector shall have at least eight years' experience, four or more of which have been in this state, consisting of direct operational or management experience with mining operations at a mine and shall have knowledge of the state and federal regulations involving the health and safety of mining employees. B. Any person desiring to become a candidate for the office of state mine inspector shall sign an affidavit listing and attesting to the person's fulfillment of the qualifications of this section and shall file the affidavit with the nomination paper prescribed by section 16-311, 16-312 or 16-341. C. For terms of office beginning in 2023 and after, the state mine inspector shall annually complete continuing education on state and federal mine safety and health regulations. D. A person may not be the state mine inspector or a deputy inspector while serving as an employee, director or officer of a mining, milling or smelting company. E. The state mine inspector and each deputy inspector shall devote full time to official duties. F. The state mine inspector shall receive an annual salary pursuant to section 41-1904 and necessary traveling expenses when traveling in discharge of official duties. G. The state mine inspector shall have a seal bearing the words "Mine Inspector, State of Arizona", which shall be affixed to official documents. H. Any claim or action against the state mine inspector, deputy inspectors or the inspector's agents or employees in their official capacity as described in this title shall be brought against the state of Arizona and not against the state mine inspector, deputy inspector, agent or employee individually. 27-122. Deputy inspectors Subject to title 41, chapter 4, article 4, the state mine inspector may appoint and assign such deputy inspectors to perform the duties of the state mine inspector as prescribed by law. All deputies shall receive compensation as determined pursuant to section 38-611. 27-123. Education and training fees A. The state mine inspector may adopt and collect education and training fees for the purpose of training miners in this state. B. The state mine inspector shall credit monies received for education and training purposes to the federal education and training fund, designated as the Arizona state mine inspector's account, to be used according to the federal state grant rules, as appropriate. 27-124. Mine inspections required; powers of inspector A. The mine inspector shall inspect, at least once every three months, every active underground mine in the state employing fifty or more persons, and at least once each year, every other mine. The inspector shall inspect the operation, conditions, safety appliances, machinery, equipment, sanitation and ventilation, the means of ingress and egress, the means taken to protect the lives, health and safety of the miners, the cause of accidents and deaths occurring at the mine, and the means taken to comply with the provisions of this title. B. The mine inspector may enter and inspect any abandoned or inactive mine to determine whether any dangerous condition exists which may affect the health and safety of the general public. C. The inspector at any time may enter, examine and inspect any mine or part of any mine and inspect any connected plant or equipment or any part of the workings of the mine. D. The mine operator or designated representative shall accompany the inspector, without unreasonable delay, while conducting inspections. 27-125. Inspection report After every inspection the inspector shall fill out and leave with the operator a preliminary inspection report that lists the inspection party, the part of the operation inspected, the type of inspection and every violation of the state mining code observed during the inspection, but nothing contained in or omitted from the entry shall limit or affect the duty and obligation of the owner or operator of the property under this title. Within a reasonable length of time a typed copy of the inspection report shall be sent to the operator which shall be filed at the office of the operations. The report shall be available at all reasonable times. 27-126. Annual report to governor A. The mine inspector on March 31 each year shall make and file with the governor a statistical summary and report of the work during the year ending December 31. The report shall contain a statement showing the number of persons employed in each mine, and, separately, the number of persons employed above ground and under ground, the number and nature of fatal and serious accidents occurring in each mine, the number of inspections made, complaints filed, inquests attended, mines or mine workings ordered to be vacated, violations found, and other information deemed important, together with necessary or desirable recommendations. B. Copies of the report shall be published and distributed at the expense of the state. 27-127. Restrictions on divulging information by inspectors and employees; dismissal for violation A. No inspector, deputy or employee shall make a report with respect to a mining property or prospect, except an official report to his superior officer or to the governor, nor shall he make public or reveal to any other person knowledge or information obtained by him in the exercise of his official duties concerning ore, ore bodies or values, of any mine or part thereof. B. An inspector or deputy violating this section shall be dismissed from office. 27-128. Inspection of mines; violation; classification A. The state mine inspector or a deputy inspector shall inspect each mine in the state as frequently as necessary to determine whether any hazardous dust condition exists therein. There shall be a prompt inspection of any mine in which he or a deputy inspector has reason to believe a hazardous dust condition exists or with respect to which complaint of a hazardous dust condition has been made as provided in section 27-308. The mine inspector or a deputy inspector shall make recommendations to mine operators as to methods of reducing dust and whenever he finds a hazardous dust condition he shall notify the mine operator thereof. The notice shall be in writing and shall specify a reasonable time within which the dust condition must be remedied. The mine operator shall install within the time specified, and thereafter maintain and operate, dust prevention practices which remedy the hazardous dust condition. B. If the dust prevention practices are not installed within the time specified in the notice or are not thereafter maintained, the state mine inspector or a deputy inspector shall forthwith order cessation of operations, except for necessary maintenance and repair work, in all parts of the mine in which hazardous dust conditions exist or are produced by operations until the condition is remedied. Written notice of the order shall be given the mine operator and any mine operator who thereafter knowingly fails to obey the order is guilty of a class 2 misdemeanor. 27-129. Locating abandoned mines; public education; donor immunity A. Subject to legislative appropriation, the state mine inspector shall establish a program to locate, inventory, classify and eliminate public safety hazards at abandoned mines as defined in section 27-301. The state mine inspector shall spend state appropriated monies to locate, inventory, classify and eliminate public safety hazards at abandoned mines on state land first and thereafter any public safety hazards at abandoned mines on land not owned by this state. B. Using reasonable efforts, the state mine inspector shall attempt to notify in writing the owner, or other responsible party, of an abandoned mine at which a public safety hazard exists of the requirements of section 27-318 with respect to abandoned mines. C. The state mine inspector may establish public education programs to recognize and avoid public safety hazards at abandoned mine sites. D. To accomplish the purposes of this section, the state mine inspector may accept monies for deposit in the state general fund received from any source, including restricted or unrestricted federal funds, gifts and contributions from other governmental agencies, individuals, corporations or other organizations. The state shall separately account for monies that are received pursuant to this subsection and that are deposited in the state general fund. E. The state mine inspector may enter into intergovernmental agreements with Indian tribes in the state to extend the abandoned mine program onto tribal lands. F. The state mine inspector may accept in-kind donations of material, equipment or services to eliminate public safety hazards at an abandoned mine from any person, public entity or other legal entity. G. A person, public entity or other legal entity who makes donations pursuant to this section or section 27-131 shall not be liable for damages in any civil action for any injury or death related to the elimination of public safety hazards at an abandoned mine unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donor. 27-131. Abandoned mines safety fund; annual report A. Notwithstanding section 27-129, subsection D, the abandoned mines safety fund is established consisting of: 1. Gifts, grants and contributions specifically designated for the fund. 2. Monies that may be appropriated by the legislature to the fund to match the gifts, grants and contributions based on the preceding year's expenditure report required under subsection D of this section. B. The state mine inspector shall administer the fund. Monies in the fund are exempt from lapsing pursuant to section 35-190. C. Monies in the fund are continuously appropriated to the inspector to ensure public safety at abandoned mines on land owned by this state as provided by section 27-129. The inspector shall use monies in the fund to pay contractors for actual abatement costs to fill, fence or plug shafts and adits and not to pay administrative salaries and other costs. The inspector shall consult with the state land commissioner to identify and prioritize the abandoned mine sites on state lands to be considered for abatement. D. Each year the inspector shall submit an annual report to the joint legislative budget committee on or before December 1 concerning the expenditure of monies from the fund and contributions to the fund during the preceding fiscal year. The report shall itemize each expense paid from the fund and shall describe the actions taken to ensure public safety.