82-4-403. Definitions. When used in this part, unless a different meaning clearly appears from the context, the following definitions apply:
(1) "Affected land" means the area of land and land covered by water that is disturbed by opencut operations, including the area from which overburden or materials are to be or have been removed and upon which the overburden is to be or has been deposited, existing private roads that are used and roads constructed to gain access to the materials, areas of processing facilities on or contiguous to the opencut mine, treatment and sedimentation ponds, soil and materials stockpile areas on or contiguous to the opencut mine, and any other surface or subsurface disturbance associated with opencut operations. For the purposes of this subsection, an existing private road may be included as affected land only with the landowner's consent.
(2) "Amendment" means a change to the approved permit.
(3) "Board" means the board of environmental review provided for in 2-15-3502.
(4) "Department" means the department of environmental quality provided for in 2-15-3501.
(5) "Landowner" means the holder of legal title to land subjected to an opencut operation.
(6) "Materials" means bentonite, clay, scoria, peat, sand, soil, gravel, or mixtures of those substances.
(7) "Opencut operation" means the following activities, if they are conducted for the primary purpose of sale or utilization of materials:
(a) (i) removing the overburden and mining directly from the exposed natural deposits; or
(ii) mining directly from natural deposits of materials;
(b) mine site preparation, including access;
(c) processing of materials within the area that is to be mined or contiguous to the area that is to be mined or the access road;
(d) transportation of materials on areas referred to in subsections (7)(a) through (7)(c);
(e) storing or stockpiling of materials on areas referred to in subsections (7)(a) through (7)(c);
(f) reclamation of affected land; and
(g) any other associated surface or subsurface activity conducted on areas referred to in subsections (7)(a) through (7)(c).
(8) "Operator" means a person engaged in or controlling an opencut operation. When a permit has been issued for an operation, a person who removes materials from the site under the control of the operator is not considered an operator.
(9) "Overburden" means the earth that lies above a natural deposit of materials.
(10) "Person" means:
(a) a natural person;
(b) a firm, association, partnership, cooperative, or corporation;
(c) a department, agency, or instrumentality of the state or any governmental subdivision; or
(d) any other entity.
(11) "Plan of operation" means a plan that:
(a) meets the requirements of 82-4-434; and
(b) contains a description of current land use, topographical data, hydrologic data, soils data, proposed mine areas, proposed mining and processing operations, proposed reclamation, and appropriate maps.
(12) "Processing facilities" means:
(a) crushers, screens, and pug mills;
(b) asphalt, wash, and concrete plants; and
(c) other equipment used in processing opencut materials.
(13) "Reclamation" means the reconditioning of affected land to make the area suitable for productive use, including but not limited to forestry, agriculture, grazing, wildlife, recreation, or residential or industrial development.
(14) "Soil" means the dark or root-bearing surface matter that has been generated through time by the interaction of biological activity, climate, topography, and parent material and that is capable of sustaining plant growth and is recognized and identified as such by standard authorities and methods.
History: En. Sec. 4, Ch. 326, L. 1973; amd. Sec. 4, Ch. 209, L. 1974; amd. Sec. 4, Ch. 235, L. 1974; amd. Sec. 17, Ch. 39, L. 1977; R.C.M. 1947, 50-1504; amd. Sec. 2, Ch. 280, L. 1987; amd. Sec. 402, Ch. 418, L. 1995; amd. Sec. 9, Ch. 507, L. 1999; amd. Sec. 3, Ch. 385, L. 2007.
