207.2 - DEFINITIONS.
207.2 DEFINITIONS.
As used in this chapter, unless context otherwise requires:
1. "Administrator" means the division administrator of the
division of soil conservation or a designee.
2. "Committee" means the state soil conservation committee.
3. "Division" means the division of soil conservation within
the department of agriculture and land stewardship.
4. "Fund" means the abandoned mine reclamation fund
established pursuant to this chapter.
5. "Imminent danger to the health and safety of the public"
means the existence of a condition or practice, or a violation of a
permit or other requirement of this chapter in a coal mining and
reclamation operation, which could reasonably be expected to cause
substantial physical harm to persons outside the permit area before
it can be abated. A reasonable expectation of death or serious
injury before abatement exists if a rational person, subjected to the
same conditions or practices giving rise to the peril, would not
expose the person's self to the danger during the time necessary for
abatement.
6. "Mine" means an underground mine operation or surface mine
operation developed and operated for the purpose of extracting coal.
7. "Operator" means a person engaged in coal mining who
removes or intends to remove more than fifty tons of coal from the
earth by coal mining within twelve consecutive calendar months in one
location.
8. "Permit" means a permit to conduct surface coal mining and
reclamation operations issued by the division.
9. "Permit area" means the area of land indicated on the
approved map submitted with the operator's application.
10. "Prime farmland" has the same meaning as prescribed by
the United States secretary of agriculture and published in the
federal register on January 31, 1978.
11. "Secretary" means the United States secretary of the
interior or a designee.
12. "State program" means the procedures for regulating coal
mining and reclamation operations established by this chapter.
13. "Surface coal mining and reclamation operations" means
surface coal mining operations and all activities necessary and
incident to the reclamation of such operations after the effective
date of this chapter.
14. "Surface coal mining operations" means both:
a. Activities conducted on the surface of lands in connection
with a surface coal mine or surface operations and surface impacts
incident to an underground coal mine subject to the requirements of
this chapter. However, these activities do not include the
extraction of coal incidental to the extraction of other minerals if
coal does not exceed sixteen and two-thirds percent of the tonnage of
minerals removed for purposes of commercial use or sale or include
coal explorations subject to this chapter.
b. The areas upon which such activities occur or where such
activities disturb the natural land surface.
15. "Unwarranted failure to comply" means the failure of an
operator to prevent the occurrence of or abate a violation of a
permit or a requirement of this chapter due to indifference, lack of
diligence, or lack of reasonable care. Section History: Early Form
[C81, § 83.2] Section History: Recent Form
86 Acts, ch 1245, § 601
C93, § 207.2