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| Home > Statutes > Usa-Arizona |
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USA Statutes : arizona
Title : Minerals, Oil and Gas
Chapter : OPERATION OF MINES
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27-301 Definitions
In this chapter, unless the context otherwise requires:
1. "Abandoned mine" means a mine where mining operations have been permanently
terminated or the operator has complied with section 27-303, subsection C or for which no
owner, operator or other claimant of record can be located for a deserted mine site.
2. "Active mine" means a mining operation conducting mining activities on any
lands.
3. "Claim" means the portion of mining ground held under federal and local law by
one claimant or association, by virtue of one location and record. It includes mining
claims and sites deemed abandoned under the federal land policy and management act of
1976 (P.L. 94-579; 90 Stat. 2743).
4. "Excavations" or "workings" means any or all parts of a mine excavated or being
excavated, including shafts, tunnels, drifts, crosscuts, adits, entries, winzes, raises,
stopes, open cuts, and all working places, whether abandoned or in use.
5. "Inactive mine" means a mining operation not conducting mining for more than six
months or where mining operations have been temporarily suspended or the operator has
complied with section 27-303, subsection C.
6. "Inspector" means the state mine inspector and except in article 7 of this
chapter his deputies.
7. "Mill" means any ore mill, concentrator, sampling works, crushing, grinding or
screening plant, appurtenant buildings, shops or storage or loading facility used at and
in connection with any mine.
8. "Mine" means all lands containing excavations, underground passageways, shafts,
tunnels and workings, structures, facilities, equipment, machines or other property
including impoundments, retention dams, tailings and waste dumps, on the surface or
underground, used in, to be used in or resulting from the work of extracting minerals or
other materials, excluding hydrocarbons. Mine includes that portion of an operation
which mixes rock, sand, gravel or similar materials with water and cement or with
asphalt, provided that the operation is either physically connected to the mine or is so
interdependent with the mine as to form one integral enterprise.
9. "Miner" means a person who works in a mine.
10. "Mining" means those activities conducted to develop or extract materials from a
mine including on-site transportation, concentrating, milling, leaching, smelting or
other processing of ores or other materials.
11. "Open pit" means any mine operated on the surface of the earth, including
quarries, but excluding sand and gravel operations.
12. "Operation" means a mine, mill, smelter, sand and gravel plant or
pyrometallurgical or hydrometallurgical operation.
13. "Operator" means a natural person, corporation, partnership association, agent,
governmental entity or other public or private organization or representative owning,
controlling or managing a mine.
14. "Sand and gravel operation" means any operation the principal product of which
is sand, gravel, pumice or any other common variety of material.
15. "Smelter" means any establishment used for the purpose of pyrometallurgical
operations and appurtenant buildings, shops, facilities for the production of steam or
electrical power, or equipment used in conjunction with any of the above.
16. "Surface mining" means mining conducted on the surface of the land including
open pit, strip, dredging, quarrying, leaching, surface evaporation operations, reworking
abandoned tailings and dumps and related activities.
17. "Underground mine" means a mine in which minerals or other material is extracted
from beneath the surface by means of shafts, tunnels or other openings.
27-302 Operations subject to chapter; enforcement by inspector; violation; classification
A. All operations shall be subject to the provisions of this chapter unless
specifically exempted from a particular provision by its terms.
B. The inspector shall enforce this chapter at all operations.
C. Any operator or other person violating any provision of this chapter is guilty
of a petty offense unless other penalties are specifically prescribed in this chapter.
27-303 Notification to inspector of beginning or suspending operations
A. When mining operations are scheduled to begin at any mine, the operator, owner,
agent or other authorized representative shall give written notice to the inspector prior
to commencement of mining.
B. If operations do not commence within six months after the inspector receives the
notice of commencement, the operation is considered to be suspended.
C. In the case of temporary suspension of operations, excluding labor disputes,
exceeding six months or in the case of permanent termination of mining operations, the
operator shall notify the inspector, in writing, before the suspension or termination
date. All shafts, portals, adits or other openings shall be secured to prevent
unauthorized entry and to protect public health and safety pursuant to section 27-318.
D. On notification of suspension or termination of mining operations, the inspector
shall inspect the property to determine if adequate safety measures are being taken to
protect the public.
27-304 Operator responsibility
A. The operator shall conduct his operation with due regard to health and
safety. No operator shall fail to provide or use such safety devices and safeguards as
are reasonably necessary to protect the life, health and safety of his employees.
B. The operator, or some responsible person with authority appointed by him, shall
be on duty at all times when employees are working. He shall be responsible for the safe
performance of all work under him and for the safety of all employees.
C. The operator shall designate a person or persons to inspect as frequently as may
be required by any rules or regulations for unsafe conditions and practices, defective
equipment and materials, and where such conditions are found, to take appropriate
corrective action.
D. The operator and his supervisory personnel shall enforce safety regulations and
issue such orders as may be necessary to safeguard the life, health and safety of
employees.
27-305 Employee responsibility
Each employee shall make full use of all safeguards provided for his
protection. Except for the purposes of repair, no employee or other person shall remove,
displace, damage, destroy or carry off any safety device or safeguard furnished or
provided, nor shall he interfere with the use thereof. No employee or other person shall
interfere with the methods or processes adopted for the protection of employees, nor
shall he fail or neglect to do anything reasonably necessary to protect the life, health
and safety of himself and other employees.
27-306 First aid; inspectors as qualified instructors
A. Every operation shall have adequate and proper first aid material as approved by
the inspector which shall be available to all employees.
B. No employee or other person shall remove material from first aid boxes or kits
at any time except for replacement or use in case of injury.
C. The state mine inspector and deputy mine inspectors shall be qualified first aid
instructors, and shall provide instruction upon request.
27-307 Notice to operator of dangerous condition; compliance; failure to comply as prima facie evidence of negligence; order to cease operations
A. If upon inspection it appears to the inspector that an operation from any cause
is in a dangerous condition or its condition fails to comply with the requirements of
law, the inspector shall at once serve written notice on the operator or the operator's
agent in charge, stating in detail why the operation is dangerous or does not comply with
law, specifying necessary changes to be made and setting a reasonable time within which
to make them.
B. The operator shall promptly make the change and comply with the notice. In an
action against a party notified as provided in subsection A for loss of life or bodily
injuries by an employee subsequent to the notice and in consequence of the dangerous
condition of the operation, a certified copy of the notice served by the inspector shall
be prima facie evidence of the negligence of the operator.
C. If it appears to the inspector from a reexamination that the changes or
compliances have not been made within the time specified in the notice, and that the
operation is still in a condition dangerous to life or health, and in the opinion of the
inspector it is necessary for the safety of the life or health of the employees that the
operation be closed, the inspector shall promptly order cessation of the operation or
part of the operation, and order that the employees not be permitted therein except to
remedy the defects complained of until this chapter is complied with to the satisfaction
of the inspector. The operator shall promptly obey the order.
D. Except as provided in section 41-1092.08, subsection H, if the operator
considers the final order to be in excess of the inspector's authority or unreasonable,
the operator may obtain judicial review of its validity or reasonableness pursuant to
title 12, chapter 7, article 6. 27-308 Complaint to inspector of dangerous conditions by employee; inspection
When the inspector receives a complaint in writing signed by a person employed in an
operation, stating that the operation in which he is working or part of it is being
operated contrary to law or is dangerous to the health or lives of persons employed
therein, and setting forth when the danger was first observed, the inspector shall
examine the operation as soon as possible. The name of the person making the complaint
shall not be disclosed by the inspector unless permission is expressly granted by the
person. The complaint shall be indexed and filed by the inspector.
27-309 Reports of fatal accidents to inspector; investigation
A. When a fatal accident occurs in an operation, the operator shall give immediate
notice thereof by telephone or facsimile transmission, and after investigation report the
facts in writing to the inspector. The inspector, upon receipt of such notice shall
instruct the operator as to preserving evidence of the accident. The inspector shall
investigate and make a report which shall be filed in his office.
B. If the inspector concludes the facts warrant it, he shall cause a copy of his
report and all papers in his possession relating thereto to be forwarded to the county
attorney of the county in which the fatal accident occurred, with an accompanying
statement of the inspector, describing in what particular he believes the law has been
violated.
27-310 Copy of law available for inspection
The operator or person in charge of an operation shall keep at all times in the
office of the operation and in the timekeeper's office in an accessible place and subject
to inspection by all workmen and other interested persons at least one printed copy of
this chapter.
27-311 Fire prevention and protection
Every operation where there appears to be any possibility of fire or serious hazards
from fire shall provide sufficient fire protection. This shall include water supply with
adequate pressure, fireplugs, hose and nozzles, and chemical, automatic chemical or water
extinguishers, which shall be properly located to provide for the safety of all
employees. All underground mines shall be equipped with adequate rescue equipment and
the operators thereof shall provide proper training in its use to rescue crews.
27-312 Safety equipment
A. All persons working in operations shall wear approved type head, foot and eye
protection when in the work area and such other safety equipment as is designated by the
operator.
B. Equipment placed in an operation for the purpose of safety shall not be removed
by anyone nor utilized except for the purpose intended.
27-313 Machinery
A. All moving parts of machinery to which workmen may be exposed shall be
adequately guarded. Guards shall conform to the standards set forth in the rules.
B. A guard or safety device necessary for safe operation which has been removed
from any machine shall be replaced before the machine is returned to productive
operation.
27-314 Electrical installations
All electrical equipment shall be so maintained as to reduce the accident hazard so
far as is reasonably possible. Such electrical equipment shall be installed, maintained
and used according to standards set forth in the rules.
27-315 Unauthorized persons
No person whose entry has not been authorized by the operator shall be allowed in
any operation.
27-316 Intoxicating liquors and drugs
No intoxicating liquors or beverages and no narcotic drugs shall be permitted on any
operation. No employee or other person under the influence of or believed to be under
the influence of intoxicating liquors or narcotic drugs shall enter or be permitted to
enter on any operation.
27-317 Waste dumps and tailings areas; signs; violation; classification
In areas where waste dumps, subsidence areas or tailings areas border on inhabited
or public places, the roads from such places leading into such areas shall be blocked off
and danger signs shall be placed at intervals along the perimeter of the areas. Any
person recklessly removing, destroying or defacing such signs or barriers is guilty of a
petty offense as provided in section 27-302.
27-318 Abandoned and inactive mines to be secured; inspector authority; violation; classification
A. Every mine operator or former mine operator or claimant who owns a mine or
mining claim or possesses a mine or mining claim under lease, contract, permit or
otherwise, who knowingly permits the existence on the premises of an abandoned or
inactive mining shaft, portal, pit or other excavation which is dangerous to persons
legally on the premises, who fails to cover, fence, fill or otherwise secure it and post
warning signs, within sixty days of notification by the inspector and who fails to keep
it so protected is guilty of a class 2 misdemeanor. If it is impossible or impracticable
to comply with this subsection within the required sixty days, the operator may submit a
written plan of action to the inspector which specifically outlines the measures that
will be taken and the number of additional days necessary to comply with this
section. In no case may the time extension granted by the inspector exceed an additional
one hundred eighty days.
B. The inspector may enter on such land to inspect for dangerous conditions which
may present a health and safety hazard to the public. If hazards exist, the inspector
may erect warning signs across or near the entrance of any mine shaft, portal, pit or
other mine opening prohibiting the entry of unauthorized persons or erect other
protective devices as necessary.
C. If the mine operator cannot be located through reasonable efforts, the owner of
record is the responsible party for the purposes of this section. If neither the mine
operator or owner of record can be located through reasonable efforts, the inspector
shall erect warning signs across or near the entrance of any mine shaft, portal, pit or
other mine opening prohibiting entry of unauthorized persons or erect other protective
devices as necessary.
D. A person who knowingly and without authority removes, destroys or tampers with
any warning sign, covering, fencing or other protection placed on, around or over any
shaft, portal or other excavation is guilty of a class 6 felony.
27-321 Explosives; records; inspection
A. Every person manufacturing, storing, selling, transferring or in any manner
disposing of explosives or blasting agents, shall keep an accurate record of all such
transactions and the date thereof, disclosing the amount of each explosive received, from
whom received, when received, disposition made of the explosive with the amount thereof,
and the name of the person to whom delivery was made, who shall receipt therefor.
B. The record shall at all times be open to inspection by the inspector or any
peace officer engaged in investigating a crime.
27-322 Explosives; marking; utilization and storage
A. All explosives or blasting agents sold in the state shall be marked with the
date of manufacture in the manner prescribed by the inspector. The inspector shall have
authority to designate types of explosives or blasting agents which may not be sold or
used after twelve months from the date of manufacture.
B. The inspector may regulate and limit the amount of explosives or blasting agents
stored or kept in general supply stores in mining camps or mining towns where there is no
law governing storage thereof.
27-323 Explosives; rules and regulations; access to operations
A. The inspector shall prescribe and promulgate rules in accordance with the
provisions of this chapter pertaining to storing, transporting and using explosives and
blasting agents in operations, including the character and location of magazines and
other structures in which they are stored and the conditions under which they may be
transported and designating types of explosives and blasting agents which shall not be
stored or used in operations or portions of operations.
B. The inspector shall be accorded free access to any operation in or on which
explosives or blasting agents are stored, for the purpose of determining whether
magazines and storage facilities conform to law and the rules prescribed and to ascertain
that life and property are not endangered by the storage thereof.
27-324 Blasting
Before firing blasting charges, the blasting crew shall clear the vicinity
surrounding the blast site of all personnel, make provision to guard all means of access
to the area, and give warning in every direction from which access may be had to the
place where blasting is being done. Misfire holes shall be reported to the mine foreman
or the shift boss in charge at the locality of the holes.
27-325 Use of tamping bar
No person shall, whether working for himself or in the employ of another, while
loading or charging a hole with explosives, use or employ a metal tamping bar, nor shall
any person allow or permit the use of a metal tamping bar while loading or charging a
hole by employees under his management or direction.
27-341 Escapement shafts
A. Every operator maintaining in a mine a vertical or incline shaft or an adit to a
distance greater than one hundred feet and who has drifted a distance of two hundred feet
or more and commenced to stope, shall provide and maintain to the hoisting shaft or
opening through which men are let into or out of the mine, and where the ore is
extracted, a separate escapement shaft, raise or opening, or an underground opening, or
communication with another contiguous mine. If the contiguous mine is owned or operated
by a different person, the right to use the outlet through the contiguous mine, in all
cases when necessary, or in case of accident shall be secured and kept in use.
B. Where an escapement shaft or opening is not in existence at the time stoping is
commenced, work upon an escapement shaft or opening shall be commenced as soon as stoping
begins and diligently prosecuted until completed, and the escapement shaft, raise or
opening shall be continued to and connected with the lowest workings in the mine in which
mining operations are being conducted.
C. The escapement shaft or exit shall be of sufficient size to afford an easy
passageway, and if it is a raise or shaft, shall be provided with substantial ladders
from the deepest workings to the surface.
D. When the exit or outlet is not in a direct or continuous course, signboards
plainly marked showing the direction to be taken shall be placed at each departure from
the continuous course.
27-342 Mine outlets
Every mine shall have at least two outlets to the surface except as otherwise
provided in this article. The outlets shall not lead to the surface in the same house
and shall not at any point be closer to one another than thirty feet. If two outlets of
a mine or part of them do not belong to the same mine, the owners and the operators of
the respective mines shall be responsible for the outlet or part of it in their
respective mines, being kept in proper repair. Should any obstruction arise in an
outlet, or anything occur in one of the mines to jeopardize the safety of the outlet, the
occurrence shall be immediately reported to the operator of the other mine. If either of
the two outlets or part of them is situated in an abandoned mine, the operators of the
working mine shall be jointly and severally responsible for the proper maintenance and
repair of the outlet.
27-343 Structures over mine outlet
No structure shall be erected over an outlet of a mine except the headframe
necessary for hoisting from a shaft and the hatch or door necessary for hoisting from a
shaft and the hatch or door required to protect persons obligated to work at the top of a
shaft from inclement weather, and if a house is required for this purpose the inspector
may grant permission in writing for its construction. Such house shall be as small as
possible and constructed of fire resistant material. Regular storage of flammable
material inside, or within thirty feet of the house is prohibited.
27-344 Timbering support
A. Minimum standards for proper timbering or other ground support of any working
place shall be suitable to the conditions of the mining system. When necessary such
standards shall be set by the inspector after consultation with the operator involved.
B. When any working place has dangerous or hazardous ground no work shall be done
there except as shall be necessary to make the place secure and safe. If for any reason
necessary timbers cannot be supplied immediately, all work done shall cease until such
timbers can be supplied.
C. "Timber" as used in this section shall mean wood, steel, concrete, rock bolts,
sand fill, rock fill or any other material or device used for bracing, supporting or
restraining ground.
27-345 Shelter areas
On every level of an underground mine where mechanical haulage is employed and in
which there is not sufficient clearance for employees, unobstructed shelter areas in
which employees can find safety from moving trains shall be provided at intervals of not
more than two hundred feet.
27-346 Ladder-ways
Every shaft, winze, raise or incline, of slope steeper than forty degrees from the
horizontal, and deeper than forty feet, through which persons are obliged to travel,
shall be equipped with a suitable ladder-way.
27-347 Construction of ladder-ways
A. Permanent ladder-ways shall be strong and firmly fastened, and shall be kept in
good repair.
B. In a vertical shaft the inspector may, in his discretion, by an order in
writing, direct that the ladder be inclined at the most convenient angle which the space
where the ladder is fixed allows, and every ladder shall have substantial platforms at
intervals of not more than twenty feet. The platform shall be closely covered, with
exception of an opening large enough to permit the passage of a human, and shall be
arranged so that a person cannot fall from one ladder through the opening to the next
ladder.
C. Ladder-ways shall be provided in shafts in the course of sinking them to within
a distance from the bottom as will secure them from damage by blasting. From the end of
the ladder-ways, portable ladders shall be extended to the bottom of the shaft.
27-348 Shaft stations
Stations or levels shall have a passageway around the working shaft so that crossing
over the hoisting compartments may be avoided. Sumps shall be securely covered. At
shaft stations a gate or guard rail shall be provided and kept in place across the shaft,
except when a cage, skip or bucket is being loaded, but may be temporarily removed for
repairs or other operations if proper precaution is taken to prevent danger to
persons. The top of the shaft shall be protected by a substantial gate or guard rail.
27-349 Tracks and roadbeds; maintenance underground
When mechanical haulage is in an underground mine, the tracks, roadbeds, rails,
joints, switches and frogs shall be constructed, installed, bonded and maintained in a
manner consistent with the speed and type of haulage operation being conducted.
27-350 Lights; trolley wires
A. Stationary lights which are approved by the inspector shall be provided during
working hours at all stations in shafts during the time such shafts are in actual use,
and at all stations in levels where hoisting or hauling is conducted by means of
machinery, and at night at all working places on the surface.
B. Electric trolley wires shall be at least seven feet above the floor.
27-351 Hoists; operator; indicator
A. No person addicted to intoxicating liquors or drugs, or under eighteen years of
age shall be employed as a hoisting engineer.
B. All power hoisting machinery used in hoisting from or lowering employees and
materials into mines, except for prospect shafts not exceeding three hundred feet in
depth, shall be equipped with an indicator placed near and in clear view or hearing of
the engineer. The indicator shall be in addition to marks on the rope, cable or drum.
C. It is unlawful to hoist or lower persons from or into a mine at a speed greater
than fifteen hundred feet per minute, but the inspector may designate a lesser speed than
fifteen hundred feet per minute in a shaft, if in his opinion a greater speed is unsafe,
or a greater speed if in his opinion particular shafts and hoist conditions so warrant.
27-352 Inspection and construction of hoists
A. Hoisting machinery, cables and sheaves shall be inspected once every twenty-four
hours by a competent person appointed by the operator for that purpose, and the person
making the inspection shall immediately report in writing to the operator all defects
found.
B. Ropes or cables used for hoisting purposes shall be of approved quality and
manufacture. In shafts and winzes over two hundred feet deep, wire ropes or cables only
shall be used for hoisting purposes.
C. Head frames where persons are hoisted at a speed of over two hundred fifty feet
per minute and where more than twenty-five persons are employed shall be constructed to
allow at least twenty-five feet above the hoist landing stage in which the cage, skip or
bucket can travel freely in case of an overwind.
27-353 Safety cage and catches
A. It is unlawful for the operator of a mine to permit hoisting or lowering persons
in a shaft deeper than three hundred feet except shafts in process of sinking, unless an
iron-bonnetted safety cage equipped with gates at least five feet in height is used for
hoisting and lowering the persons. Every cage or skip used for hoisting persons shall be
provided with a safety catch of sufficient strength to hold the cage or skip with its
maximum load at any point in the shaft in the event the hoisting cable breaks. The
inspector shall require that cages and skips be equipped as required by this section and
that on all cages the safety catches are kept well oiled and in good working condition.
B. In a shaft less than three hundred feet deep where no safety cage is used, and
where cross-heads are used, platforms for employees to ride upon equipped with safety
catches as required for cages and skips shall be provided.
C. Skips, the capacity of which exceeds five tons, running on steel guides in
shafts designed primarily for the hoisting of rock, need not be equipped with safety
catches. Such skips, however, shall be equipped with a platform and bonnet for the
protection of the persons, who, as provided in this article, may legally ride the
skips. Only persons engaged in shaft maintenance, pumpmen, skiptenders, supervisors and
inspectors shall be permitted to be hoisted or lowered in such skips. No person,
including those specifically mentioned in this paragraph, shall be permitted to ride a
loaded skip.
27-354 Cross-heads; buckets
A. Vertical shafts more than two hundred feet deep from which hoisting is done by a
bucket shall be provided with suitable guides, and with the bucket a cross-head traveling
upon the guides shall be provided. The height of the cross-head shall be at least one and
one-half times its width. If the cross-head is a type not secured to the hoisting rope,
a stopper of a design approved by the inspector shall be securely and rigidly fastened to
the hoisting rope at a suitable point above the rim of the bucket. The number of persons
permitted to ride on the deck of a cage, or, in or on a skip or bucket, shall be
determined by the inspector and no more than that number shall be allowed to ride.
B. No persons shall ride upon a cage or in or on a skip or bucket when it is loaded
with rock or ore, or when loaded with tools, timber, powder or other material, except for
the purpose of assisting in passing it through the shaft.
27-355 Hoisting tools and materials
A. When tools, timber or other materials are loaded or hoisted in the shaft, the
ends, if projecting above the top of the bucket, skip or other vehicle, shall be securely
fastened to the hoisting rope or to the upper part of the vehicle, and tools, timber or
other materials loaded erectly upon a cage shall be securely lashed before they are
hoisted or carried.
B. No cage, skip, bucket or other vehicle shall be lowered directly to the bottom
of a shaft fifty feet or more in depth where persons are working, but shall be stopped at
least fifteen feet above the bottom until the signal to lower further has been given by
one of the persons at the bottom of the shaft.
27-356 Protection from falling materials
A. Persons engaged in sinking a shaft in which regular hoisting from an upper level
is going on, shall be protected from the danger of falling material by a suitable
covering, with a sufficient opening left in the covering for the passage of the bucket or
conveyance used in the sinking operation.
B. In shafts, winzes or raises where two or more crews are working, one crew above
another, there shall be a bulkhead or other barrier between each two crews strong enough
to stop tools or other material that may fall from the persons working above, and only
the cage, skip or bucket compartment shall be left open.
C. Shafts or winzes shall have a bulkhead over the persons working in the bottom of
the shaft or winze built of timber not less than six inches in thickness, not more than
fifty feet above the bottom of the shaft or winze, to provide ample protection for the
persons working in the bottom of the shaft or winze, and so constructed as not to shut
off the air circulation. The cage, skip or bucket compartment only shall be left open.
Shafts or winzes shall be cleaned down below the bulkhead after each blasting.
D. Windlasses and winzes shall be provided with a suitable plug or some other
reliable device to prevent the bucket or other conveyance running back.
E. No open hook shall be used with a bucket in hoisting, but only some approved
form of safety hook or shackle hook.
27-357 Hoist release signal
A. At a mine where men are hoisted by mechanical means, a hoistman charged with the
hoisting shall be kept on duty at the hoist at all times when men are underground, except
as provided in subsection B.
B. The requirements of subsection A shall not apply to an automatic hoist equipped
with the following devices:
1. A device which automatically cuts off the power to the hoist motor and sets the
brakes when the hoist ropes of a winding-drum machine becomes slack, and safety dogs or
devices on the cage which will stop the cage in the event of slack rope or a broken
hoisting cable.
2. A governor which will prevent unsafe speeds and a device to set the brakes and
stop the cage if the safe speed is exceeded.
3. Devices which will reduce the speed of the cage before the approximate stopping
points so that it can be stopped properly.
4. A manually operated safety switch and other device by means of which the cage
may be stopped, started or directed to another level or stopping point.
5. A call button located at each stop which, when actuated, will cause the cage to
move to that stop providing the gates and gate switches are closed on all stations.
6. A magnetic brake which will stop the hoist motor and hold the cage in fixed
position whenever the power applied to the hoist motor is removed or fails.
7. An opening or escape hatch in the cage and a shaft manway with ladders which may
be reached from the cage.
8. A means of signaling or communicating from the cage to a designated place in the
mine or on surface where a responsible person on duty can be notified in the event of an
emergency.
C. An automatic hoist is one that does not require the attendance of a hoist
engineer and in which the hoist cage and shaft are equipped with operating and safety
devices which control the movement of the hoist from the cage and from all stations or
levels.
27-358 Signaling apparatus
A. Every shaft and each compartment thereof used for hoisting which exceeds fifty
feet in depth, and not exempted in writing by the inspector, shall be provided with an
efficient means of interchanging distinct and definite signals between the top of the
shaft and the lowest level from which hoisting is being done, and the various
intermediate levels for the time they are in use.
B. The signaling apparatus shall be either wire or cable actuating a bell, whistle,
speaking tube, telephone, electric or electronic system, or two or more of them.
C. Only those employees and supervisors authorized by the operator shall be
permitted to ring any shaft or station bells.
27-359 Signal code
A. The following signal code shall be used in all mines:
1 bell, stop immediately if in motion.
1 bell, hoist muck, after preliminary signal for hoisting muck.
2 bells, lower.
3 bells, raise.
3 -1 bells, hoist men.
3 -2 bells, lower men.
4 bells, release cage, skip, or bucket to the hoistman.
5 bells, blasting or ready to shoot.
(a) The signal for blasting or ready to shoot is a caution signal and if the
engineer is prepared to accept it he shall acknowledge by raising the bucket or cage a
few feet then lowering it again.
(b) After accepting the signal for blasting or ready to shoot, the engineer shall
be prepared to hoist men away from the blast as soon as any signal is given and shall
accept no other signal in the meantime.
6 bells, air on or off.
7 bells, danger signal, followed by station signal, calls cage to that station, and
such signal takes precedence over all other signals except an accepted blasting signal.
B. The following shall be station signals:
1 -2 bells, collar of shaft.
1 -3 bells, 1st level.
1 -4 bells, 2nd level.
1 -5 bells, 3rd level.
2 -1 bells, 4th level.
2 -2 bells, 5th level.
2 -3 bells, 6th level.
2 -4 bells, 7th level.
2 -5 bells, 8th level.
4 -1 bells, 9th level.
4 -2 bells, 10th level.
4 -3 bells, 11th level.
4 -4 bells, 12th level.
4 -5 bells, 13th level.
5 -1 bells, 14th level.
5 -2 bells, 15th level.
5 -3 bells, 16th level.
5 -4 bells, 17th level.
5 -5 bells, 18th level.
6 -1 bells, 19th level.
2 --1-2 bells, 20th level.
2 --1-3 bells, 21st level.
2 --1-4 bells, 22nd level.
2 --1-5 bells, 23rd level.
2 --2-1 bells, 24th level.
2 --2-2 bells, 25th level.
2 --2-3 bells, 26th level.
2 --2-4 bells, 27th level.
2 --2-5 bells, 28th level.
2 --4-1 bells, 29th level.
2 --4-2 bells, 30th level.
2 --4-3 bells, 31st level.
2 --4-4 bells, 32nd level.
2 --4-5 bells, 33rd level.
2 --5-1 bells, 34th level.
2 --5-2 bells, 35th level.
2 --5-3 bells, 36th level.
2 --5-4 bells, 37th level.
2 --5-5 bells, 38th level.
2 --6-1 bells, 39th level.
4 -1-2 bells, 40th level.
4 -1-3 bells, 41st level.
4 -1-4 bells, 42nd level.
4 -1-5 bells, 43rd level.
4 -2-1 bells, 44th level.
4 -2-2 bells, 45th level.
4 -2-3 bells, 46th level.
4 -2-4 bells, 47th level.
4 -2-5 bells, 48th level.
4 -4-1 bells, 49th level.
4 -4-2 bells, 50th level.
C. The station signal shall be given before the hoisting or lowering signal. If
bells run slowly, move slowly.
D. The engineer shall not move a cage, skip or bucket unless he understands the
signal.
E. One copy of the signal code provided for by this section shall be posted on the
gallows frame on each mine, one at each station and one before the engineer.
F. Special signals may be used if they are easily distinguished by their sound, or
otherwise, from the code provided for by this section, and do not interfere with it in
any manner.
27-360 Precautions against flooding
A. When advancing a drift, adit, level or incline toward a mine working that
appears to be filled with water, a bore hole shall be kept at least twenty feet in
advance of the breast of the drive and also, if necessary, in directions laterally from
the course of the drive. The working place shall not exceed ten feet in width and
further measures shall be taken which are deemed necessary by the inspector to obviate
the danger of a sudden breaking through of water. No raise shall be allowed to approach
within ten feet of a portion of a winze or a stope in which there is a dangerous
accumulation of water, unless the winze or stope is first unwatered by bailing or
pumping, or by means of a bore from the raise. When in the opinion of the inspector there
is danger of a sudden inrush of water, additional raises, drifts or other workings shall
be constructed as necessary to insure escape of persons from the lower workings. Places
for the storage of water in mines shall be constructed to prevent leakage as far as
possible and insure the safety of the persons working below them.
B. It is unlawful for an operator to impound water or keep water impounded within a
mine in which persons are working below the water so impounded in a manner which
endangers the safety of the persons unless the water is impounded by a dam or wall
approved by the inspector.
27-361 Common system of drainage; contribution of cost
A. When adjacent or contiguous mines, opened, developed and worked upon the same or
upon separate lodes have a common ingress of water, or, by reason of subterranean
communication of water, have a common drainage, the operators of the mines shall provide
for disposal of their proportionate share of the drainage, or to prevent the water in the
mine from flowing in or upon neighboring mines.
B. If an operator of such mines fails or neglects to provide for drainage, and by
reason of failure or neglect the operator of an adjacent or contiguous mine is compelled
to pump, drain or otherwise provide for the water flowing in from the other mine, the
operator of the mine in default shall be liable for the proportion of the actual and
necessary cost and expense of pumping, draining or otherwise providing for such water.
27-362 Order for inspection
A. When an action is commenced to recover the costs and expenses of draining lodes
or mines, the court shall grant an order allowing plaintiff to inspect the lodes or mines
claimed to have been drained upon application and affidavit that the inspection is
necessary for proper preparation of the action for trial.
B. The order shall designate the number of persons, not exceeding three besides
plaintiff, to make the examination and they may cause the removal of rock, debris or
other obstacles in a lode or vein when removal is shown necessary to a just determination
of the claim.
27-363 Danger signals; visitors
A. Owners or operators shall place warning signs or other warning notices at the
entrance to working places deemed dangerous, and at the entrance to old or abandoned
workings of active mines, and no person other than those authorized by the operator shall
remove or go beyond a caution-board, warning sign or danger signal so placed.
B. Visitors shall not be allowed underground unless accompanied by the operator or
his agent.
27-364 Interfering with equipment
No person shall knowingly:
1. Injure or destroy any equipment or machinery of a mine, nor, unless authorized
so to do, obstruct, open, close or change the position of a ventilation door, brattice,
or airway, or handle or disturb any part of the machinery of the hoisting engine of the
mine.
2. Open the door of a mine and neglect to close it.
3. Endanger the mine or those working therein.
4. Disobey a lawful order, or do a wilful act whereby the lives, safety or health
of persons working in a mine, the security of a mine, or the machinery connected
therewith, is endangered.
27-365 Regulation of underground use of internal combustion engines
The underground use of any internal combustion engine is declared unlawful, unless
after application filed with the inspector he approves the equipment for safe use in the
type of underground work for which the application is filed and finds that the
atmospheric conditions in the underground workings where the equipment is to be used are
such that the operation of such equipment will not endanger the health or safety of any
employee. If the application is approved by the inspector, the operation of the
designated equipment shall be lawful only if and so long as it is operated and maintained
in accordance with recommendations made public from time to time by the inspector, and
only upon the condition that when air quality becomes unsafe operation of the equipment
shall be stopped by the operator until air quality again becomes safe either by
increasing ventilation or by correcting mechanical imperfections in the equipment,
whichever is found to be the cause of the unsafe quality of the air.
27-366 Maps of underground workings
When ordered by the inspector, the operator of every underground mine shall make and
maintain a reasonably accurate map of the workings of the mine. At least once every six
months or oftener if necessary, the operator shall make alterations or additions to the
map showing excavations made since those last shown on the map. All parts of the mine
which were worked or abandoned shall be clearly indicated and all underground workings
shall be surveyed and mapped before they become inaccessible. The maps shall at all
times be open to inspection by the inspector.
27-367 Maintenance and use of loading equipment
Mucking machines, sorters and other loading devices shall be maintained and operated
in a safe manner.
27-368 Ventilation; condition of airways; testing
A. Every underground working place shall have a sufficient amount of ventilation
for employees working in such place.
B. In any underground working place where there is danger of a serious fire,
ventilation shall be controlled by mechanical means.
C. The air currents going into underground workings shall have sufficient volume
and velocity to direct and carry away smoke and harmful gases from blasting and any other
gases or dust which might contaminate the atmosphere.
D. Intake and exhaust airways in underground mines shall be maintained in good
condition and free from obstruction.
E. When the atmosphere in any mine or part of a mine is known to contain or is
suspected of containing any explosive or toxic gas, the operator shall test it before
employees are allowed to work in such mine or part of such mine.
27-369 Evacuation; procedure; routes
Every operator shall have a plan for orderly evacuation in the event of an
emergency. Every evacuation route shall be designated by signs and kept open at all
times.
27-370 Stench warning
A. The operator shall maintain a suitable and sufficient stench warning that can be
introduced into the compressed airlines in case of an emergency and reach all employees
who might be working underground.
B. When the odor from a stench warning is detected by employees or other persons,
they shall immediately leave their working place or other areas underground, give warning
to other employees or persons in their vicinity, and follow the operator's evacuation
procedure.
27-371 Radon control
Concentrations of radon gas shall not exceed such amounts as may be set by the
inspector.
27-372 Uranium operations; testing for radon daughters
In all uranium operations the operator shall test regularly for radon daughter
concentration and submit such records of testing as may be required to the inspector.
27-373 Cap lamps
Permissible cap lamps shall be required in all underground mines where there is a
potential hazard from gas.
27-411 Definitions
In this article, unless the context otherwise requires:
1. "Dust prevention practices" includes ventilation, suction or exhaust methods of
removing dust, wet methods for settling dust, and the use of respirators when the
condition or exposure is temporary or intermittent, and other means of removing or
settling dust from mine air as approved by the state mine inspector.
2. A "hazardous dust or gas condition" shall exist when the breathing zone of an
employee while engaged in the performance of his work contains higher concentration
limits of toxic dust and fumes, mineral dusts, and gases than specified by the state mine
inspector in the rules and regulations. Dust counts shall be determined in accordance
with techniques prescribed by the inspector and shall be made when necessary.
3. "Respirators" means only those respirators approved by the United States bureau
of mines or which may be approved hereafter by the United States bureau of mines and by
the state mine inspector.
4. "Breathing zone", in the case of persons wearing respirators, is the air space
created after the passage of air through the protective device.
27-412 Dust control
A. Every operator shall do everything reasonably within his power to encourage good
practices in the use of any appliances for allaying dust. Each employee shall use such
devices as are furnished by the operator. Employees shall not be allowed to work in
hazardous dust or gas concentrations without approved respiratory and eye protection.
B. In every operation where employees are exposed to hazardous dust conditions,
some mechanical or other means which will alleviate this condition shall be used whenever
and wherever practical.
C. In dry places where the operation of a power drill produces dust, such dust
shall be controlled either by wet drilling, spraying, or approved dust catching devices.
27-421 Ingress and egress
The operator shall provide a safe means of ingress and egress at every open pit or
any working place.
27-422 Banks
A. Banks and benches shall be suitably trimmed in a manner consistent with the kind
of rock or material, height of banks, and type of equipment being used.
B. The operator or a supervisor designated by him shall make a daily inspection of
the faces and banks in the working area of any open pit and shall cause all dangerous
material to be dislodged or otherwise made safe.
27-423 Tracks, roadbeds and roadways
A. Tracks, roadbeds, rails, joints, switches and frogs on all haulageways shall be
constructed, installed and maintained in a manner consistent with the speed and type of
haulage operations being conducted.
B. Truck haulage roadways, including berms where necessary, shall be constructed
and maintained with due regard for safety, in a manner consistent with the speed and type
of haulage operations being conducted and the type of equipment being operated.
27-424 Operation of heavy equipment
A. The operator shall insure that employees operating any heavy duty equipment such
as a locomotive, crane, power shovel, truck, bulldozer, front end loader or scraper are
qualified to operate such equipment.
B. Mobile heavy duty equipment shall be inspected regularly and maintained in a
safe operating condition.
27-425 Open pits; fencing or blocking
Those portions or places of open pits which border on inhabited places frequented by
the public shall be fenced or otherwise blocked off.
27-441 Definitions
In this article, unless the context otherwise requires:
1. "Aggregate" means cinders, crushed rock or stone, decomposed granite, gravel,
pumice, pumicite and sand.
2. "Aggregate mining" means clearing, covering or moving land using mechanized
earth-moving equipment on privately owned property for aggregate development and
production purposes, including ancillary aggregate finished product activities.
Aggregate mining includes an operation that mixes or recycles rock, sand, gravel or
similar aggregate materials with water and cement or with asphalt. Aggregate mining does
not include surveying, seismic work, exploration or maintenance activities that create a
de minimis land disturbance.
3. "Aggregate mining operation" or "operation" means property that is owned,
operated or managed by the same person for mining aggregate and is located in an
aggregate mining operations zoning district established pursuant to section 11-830.
Property that is not contiguous but is in the same zoning district, that is owned,
operated or managed by the same person and that is operated as a single aggregate mining
complex is considered to be a single aggregate mining operation.
4. "Existing aggregate mining operation" means an aggregate mining operation that
was in operation on or before the date the aggregate mining operations zoning district is
established pursuant to section 11-830.
5. "Major modification" means a change in an approved community notice that is one
or more of the following:
(a) An increase of more than twenty acres from that stated in the currently
approved community notice for the aggregate mining operation.
(b) A new and significant type of aggregate mining that has never been conducted at
the aggregate mining operation site.
(c) Substantive changes to the provisions of an approved community notice required
by section 27-442, subsection C, paragraphs 4, 6, 8, 9 and 10.
6. "Minor modification" means a change in a community notice that is not a major
modification.
7. "New aggregate mining operation" means an aggregate mining operation that begins
operations after the date the aggregate mining operations zoning district is established
pursuant to section 11-830.
27-442 Aggregate mining operations; community notice; application
A. An owner or operator of an aggregate mining operation shall not conduct any
aggregate mining until it has an approved community notice pursuant to section 27-445,
except that an owner or operator of an existing aggregate mining operation may continue
the operation if a community notice is filed as provided by subsection H of this section.
B. An owner or operator of an aggregate mining operation shall not undertake a
major modification of an approved community notice until a major modification application
is approved by the state mine inspector pursuant to section 27-445.
C. The owner or operator of a new aggregate mining operation shall file an
application for a community notice with the inspector containing:
1. The name and mailing address of the aggregate mining operation.
2. The name and mailing address of the owner or operator of the operation.
3. The name, mailing address and telephone number of the designated community
representative or representatives for the operation.
4. A statement describing the mining activities to be conducted at the operation.
5. The amount of acreage of the operation and a map showing the location of the
major process facilities.
6. Each type of major equipment to be used in the operation.
7. The approximate date when the operation will start.
8. A description and location of access routes to be used to and from the operation
site during normal hours and nonemergency conditions.
9. The normal operating hours of the operation to be maintained during nonemergency
conditions, unless the inspector authorizes a temporary variance from normal operating
hours.
10. A description of measures the owner or operator will use to moderate, to the
extent economically practicable at the site, any adverse physical effects on the
residential property owners who are notified pursuant to section 27-444.
D. An owner or operator who owns or leases the land of the operation may submit a
joint application for a community notice with one or more lessees or sublessees who are
also operating an aggregate mining operation on the same property. A joint application
for a community notice must separately list the information required pursuant to
subsection C of this section by each owner or operator of an aggregate mining operation.
Owners or operators of aggregate mining operations who received approval for a joint
application for a community notice may also file a joint application on that approved
community notice for major and minor modifications.
E. The owner or operator may propose a major or minor modification by filing an
application with the inspector containing the text of the community notice with the
proposed changes noted in the text.
F. Within fourteen days after receiving an application for a community notice for a
new aggregate mining operation or major modification, the inspector shall notify the
applicant if the community notice application contains the information required by
subsection C of this section or if the major modification application is complete
pursuant to subsection E of this section. If the inspector fails to notify the applicant
within fourteen days, the application is considered to be complete.
G. The owner or operator must file an application for a minor modification to an
approved community notice with the state mine inspector. Minor modifications take effect
on filing, unless a later effective date is designated in the application. Applications
for minor modifications are not subject to sections 27-443, 27-444 and 27-445.
H. For purposes of having an approved community notice, within ninety days after an
aggregate mining operations zoning district is established pursuant to section 11-830,
the owner or operator of an existing aggregate mining operation must file with the state
mine inspector a community notice, which is not subject to sections 27-443 and 27-444.
The community notice shall contain all the information required by subsection C of this
section, except paragraph 7, for its aggregate mining operation. Owners or operators of
existing aggregate mining operations may submit a joint application for a community
notice pursuant to subsection D of this section.
27-443 Application fee; aggregate community notice fund
A. The inspector shall adopt by rule an application fee for a community notice for
a new aggregate mining operation and for a major modification of an approved community
notice. The state mine inspector shall collect an application fee established by rule
from each owner or operator who applies pursuant to section 27-442 for a community notice
for a new aggregate mining operation or for a major modification of an approved community
notice. The inspector shall deposit, pursuant to sections 35-146 and 35-147, the monies
collected from applicants in the aggregate community notice fund.
B. The aggregate community notice fund is established. The state mine inspector
shall administer the fund. Monies in the fund are continuously appropriated to the state
mine inspector for the purpose of processing community notice applications and to conduct
public meetings pursuant to this article. On notice from the inspector, the state
treasurer shall invest and divest monies in the fund as provided by section 35-313, and
monies earned from investment shall be credited to the fund. Monies in the fund are
exempt from the provisions of section 35-190 relating to lapsing of appropriations.
27-444 Community notice; public meeting
A. Within twenty-one days after the state mine inspector notifies an owner or
operator of an aggregate mining operation that the application for a community notice for
a new aggregate mining operation or a major modification for an approved community notice
is complete, or within twenty-one days after the application is considered to be
complete, the owner or operator shall send by certified mail a copy of the community
notice:
1. To each residential property owner, as shown on the current property tax roll,
within a one-half mile radius of the aggregate mining operation. The owner or operator
shall submit the list of notified residential property owners to the inspector. The
community notice shall include a statement that the property owner may request the state
mine inspector to hold a public meeting and may submit written comments as provided by
this section.
2. To the aggregate mining operations recommendation committee for the district in
which the operation is located.
3. If the operation is located in a county in which a multi-county water
conservation district is established pursuant to title 48, chapter 22, to the
multi-county water conservation district.
B. If there is sufficient public interest, the inspector shall schedule and conduct
a public meeting within forty-five days after the community notice for a new aggregate
mining operation or major modification is filed with the inspector. The inspector shall
give at least fifteen days' notice of the meeting by filing the notice in the office of
the secretary of state and by mail to the residential property owners who requested the
public meeting pursuant to subsection A, paragraph 1.
C. The inspector or an employee of the inspector shall conduct any public meeting
on a community notice. The aggregate mining operation's designated representative shall
attend and respond to questions relating to information in the community notice. If a
notified residential property owner cannot attend the public meeting, the owner may
submit written comments to the inspector before the meeting regarding the community
notice. The inspector or the inspector's employee and the aggregate mining operator's
designated representative shall receive and consider comments from persons attending the
meeting and the written comments submitted before the meeting.
27-445 Approval of community notice or major modification
A. The state mine inspector shall approve or disapprove a community notice for a
new aggregate mining operation or major modification within sixty days after the notice
is filed by the owner or operator of the aggregate mining operation.
B. The inspector shall approve the community notice for a new aggregate mining
operation or a major modification if:
1. The notice filed with the inspector contains the information required by section
27-442, subsection C or the major modification filed with the inspector is complete
pursuant to section 27-442, subsection E.
2. The fee prescribed in section 27-443 is paid.
3. The community notice or major modification filed with the inspector is mailed to
property owners as required by section 27-444, subsection A.
4. The designated community representative attends and responds to questions if a
public meeting is held pursuant to section 27-444, subsections B and C.
C. If the inspector disapproves a community notice or major modification, the
inspector must include with the disapproval a written explanation stating the reasons for
denial, including recommendations for correcting the unacceptable parts of the community
notice or major modification.
D. Community notices for existing aggregate mining operations filed pursuant to
section 27-442, subsection H are considered to be approved on submission to the
inspector.
E. The owner or operator of any aggregate mining operation shall operate according
to an approved original or modified community notice.
27-446 Claims of deviation from an approved community notice
A. After a community notice is approved by the state mine inspector, a residential
property owner who resides within one-half mile of the boundaries of the aggregate mining
operation may submit a written complaint to the designated community representative that
the operation has materially deviated from the approved community notice, specifying the
community notice provision that is in question and the nature of the material deviation.
B. If the aggregate mining operation does not address the complaint to the
satisfaction of the residential property owner within thirty days after receiving the
complaint, the notified residential property owner may file the same complaint with the
inspector with a statement that the aggregate mining operation has not addressed the
complaint to the property owner's satisfaction.
C. In counties that have established an aggregate mining operations recommendation
committee pursuant to section 11-830, the inspector shall request the committee to hear
the complaint. The committee shall advise the inspector within thirty days in writing of
its findings and recommendations regarding the complaint. The inspector shall render a
decision on the complaint within thirty days after receiving the committee's
recommendation. The inspector shall notify, in writing, the owner or operator of the
aggregate mining operation, the complainant and the committee of the decision.
27-447 Inspection and enforcement
A. The state mine inspector may enter and inspect any aggregate mining operation to
determine compliance with an approved community notice.
B. If the inspector determines that a person is violating this article, an approved
community notice or aggregate mining operations zoning district standards regulation
adopted by a county and approved by the state mining inspector pursuant to section
11-830, the inspector may issue an order requiring compliance either immediately if the
violation is causing an imminent and substantial danger to the public or within a stated
period of time. A compliance order must state with reasonable specificity the nature of
the community notice violation, a reasonable amount of time for compliance, if
applicable, and the right to a hearing. The inspector shall transmit the compliance order
to the alleged violator either by certified mail, return receipt requested, or by hand
delivery. At the inspector's request, the attorney general may file an action to enforce
orders issued under this section after the order becomes final. The action must be filed
in the superior court in the county in which the alleged violation occurred or in which
the inspector maintains an office.
C. The inspector may suspend, withdraw or revoke a community notice approval if the
inspector determines that the aggregate mining operation is in violation of an approved
community notice. Any action taken under this subsection must comply with the
requirements of title 41, chapter 6, article 10 and section 41-1009, subsection E.
D. If the inspector has reason to believe that a person is violating this article
or an approved community notice or aggregate mining operations zoning district standards
regulation adopted by a county and approved by the inspector pursuant to section 11-830
or that a person is causing an imminent and substantial danger to the public safety, the
inspector, through the attorney general, may request a temporary restraining order, a
preliminary injunction or any other relief necessary to protect the public safety without
regard to whether the person has requested a hearing. An action filed pursuant to this
subsection must be brought in the superior court in the county in which the alleged
violation occurred or in which the inspector maintains an office.
27-448 Sand and gravel safety rules
A. All sand and gravel operations shall be conducted with due regard to
safety. The inspector shall adopt rules to carry out the provisions of this section.
B. Article 5 of this chapter applies to sand and gravel operations.
27-461 Definitions
In this article, unless the context otherwise requires:
1. "Inspector" means the state mine inspector.
2. "Interested parties" means all persons who have filed written notice with the
inspector of their desire to receive the notices provided for in this article.
27-462 Administration by inspector; rules and regulations
The inspector shall administer this chapter and may adopt rules reasonably necessary
to effectuate the provisions of this chapter.
27-463 Procedure
Except as provided in this article, in adopting rules, the inspector shall comply
with the procedures set forth in title 41, chapter 6.
27-464 Notice of proposed adoption of rule
At least twenty days prior to the adoption of any rule, copies of the notice filed
with the secretary of state pursuant to section 41-1022 shall be mailed to all interested
parties.
27-469 Exceptions to rules and regulations
In cases where, in the opinion of the inspector, the enforcement of any order or
rule would not materially increase the safety of employees and would cause undue hardship
on an operator, exceptions may be made at the discretion of the inspector. To be
effective such exceptions shall be in writing. Such exceptions can only be revoked after
reasonable notice is given in writing to the operator concerned.
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