Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 23-2705
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 23, TITLE 27
§ 23-2705. Definitions.

As used in this title, unless the context otherwise requires:

1. "Abandoned" means the cessation of mining and reclamation
activities on land affected by mining without prior notification to the
department of such cessation of activities or without describing such
cessation in a mined land-use plan approved by the department, and after
opportunity to be heard.

2. "Affected land" and "land affected by mining" means the sum of that
surface area of land or land under water which: (i) has been disturbed
by mining since April first, nineteen hundred seventy-five and not been
reclaimed, and (ii) is to be disturbed by mining during the term of the
permit to mine.

3. "Applicant" means that person making application to the department
for a mining permit.

4. "Haulageway" means all roads utilized for mining purposes, together
with that area of land over which material is transported, that are
located within the permitted area.

5. "Mine" means any excavation from which a mineral is to be produced
for sale or exchange, or for commercial, industrial or municipal use;
all haulageways and all equipment above, on or below the surface of the
ground used in connection with such excavation, and all lands included
in the life of the mine review by the department.

6. "Mined land-use plan" means a document, consisting of a mining plan
and a reclamation plan, which describes proposals for conduct of the
applicant's mining operation and reclamation of the land to be mined to
achieve the purposes of this title.

7. "Mineral" means any naturally formed, usually inorganic, solid
material located on or below the surface of the earth. For the purposes
of this title, peat and topsoil shall be considered minerals.

8. "Mining" means the extraction of overburden and minerals from the
earth; the preparation and processing of minerals, including any
activities or processes or parts thereof for the extraction or removal
of minerals from their original location and the preparation, washing,
cleaning, crushing, stockpiling or other processing of minerals at the
mine location so as to make them suitable for commercial, industrial, or
construction use; exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange, or for
commercial, industrial or municipal use; and the disposition of
overburden, tailings and waste at the mine location. "Mining" shall not
include the excavation, removal and disposition of minerals from
construction projects, exclusive of the creation of water bodies, or
excavations in aid of agricultural activities.

9. "Mining plan" means a description of the applicant's mining
operation which shall include maps, plans, written materials and other
documents as required by the department.

10. "Overburden" means all of the earth, vegetation and other
materials which lie above or alongside a mineral deposit.

11. "Permittee" means any person who holds a valid mining permit from
the department for the boundaries of the land identified in the mined
land-use plan.

12. "Person" means any individual, public or private corporation,
political subdivision, government agency, department or bureau of the
state, municipality, industry, partnership, association, firm, trust,
estate or any other legal entity whatsoever.

13. "Person engaged in mining" means a person who is subject to this
title but who is mining without a mining permit issued by the

14. "Reclamation" means the conditioning of the affected land to make
it suitable for any uses or purposes consistent with the provisions of
this title.

15. "Reclamation plan" means a description of operations to be
performed by the applicant to reclaim the land to be mined over the life
of the mine. The reclamation plan shall include maps, plans, the
schedule for reclamation, written material and other documents as
required by the department.

16. "Spoil" means any waste material removed from its natural place in
the process of mining and all waste material directly connected with the
cleaning and preparation of any minerals.

17. "Tailings" means material of inferior quality or value resulting
from the removal, preparation or processing of minerals.