45.1-229 - Definitions.
§ 45.1-229. Definitions.
The following words and phrases when used in this chapter shall have themeaning respectively ascribed to them in this section except where thecontext clearly requires a different meaning; the Director shall have thepower to adopt by regulation such other definitions as may be deemednecessary to carry out the intent of this chapter.
"Approximate original contour" means that surface configuration achieved bybackfilling and grading of the mined area so that the reclaimed area,including any terracing or access roads, closely resembles the generalsurface configuration of the land prior to mining and blends into andcomplements the drainage pattern of the surrounding terrain, with allhighwalls and spoil piles eliminated; water impoundments may be permittedwhere the Director determines that they are in compliance with the applicableperformance standards promulgated pursuant to this chapter.
"Division" means the Division of Mined Land Reclamation.
"Federal act" means the federal Surface Mining Control and Reclamation Actof 1977, Public Law 95-87, 91 U.S. Stat. 445.
"Imminent danger to the health and safety of the public" means theexistence of any condition or practice, or any violation of a permit or otherrequirement of this chapter in a coal surface mining and reclamationoperation, which condition, practice or violation could reasonably beexpected to cause substantial physical harm to persons outside the permitarea before such condition, practice or violation can be abated. A reasonableexpectation of death or serious injury before abatement exists if a rationalperson, subjected to the same conditions or practices giving rise to theperil, would not expose himself to the danger during the time necessary forabatement.
"State regulatory program" or "permanent state regulatory program" meansthe program established by this chapter meeting the requirements of thefederal act for the regulation of coal surface mining and reclamationoperations within the Commonwealth, submitted to the Secretary pursuant to §503 of the federal act.
"Person" means any individual, partnership, association, joint venture,trust, company, firm, joint stock company, corporation, or any other group orcombination acting as a unit, or any other legal entity.
"Secretary" means the Secretary of the Interior of the United States.
"State or local agency" means any department, agency or instrumentality ofthe Commonwealth; or any public authority, municipal corporation, localgovernmental unit or political subdivision of the Commonwealth; or anydepartment, agency or instrumentality of any public authority, municipalcorporation, local governmental unit, political subdivision of theCommonwealth, or two or more of any of the aforementioned.
"Coal surface mining and reclamation operations" means surface miningoperations and all activities necessary and incidental to the reclamation ofsuch operations after March 20, 1979.
"Coal surface mining operations" means the following:
1. Activities conducted on the surface of lands in connection with a surfacecoal mine or, subject to the requirements of § 45.1-243, surface operationsand surface impacts incident to an underground coal mine, the products ofwhich enter commerce or the operations of which directly or indirectly affectinterstate commerce. Such activities include excavation for the purpose ofobtaining coal including such common methods as contour, strip, auger,mountaintop removal, box cut, open pit, and area mining, the uses ofexplosives and blasting, and in situ distillation or retorting, leaching orother chemical or physical processing, and the cleaning, concentrating, orother processing or preparation, loading of coal for interstate commerce ator near the mine site; however, such activities do not include the extractionof coal incidental to the extraction of other minerals where coal does notexceed 162/3 percent of the tonnage of minerals removed for purposes ofcommercial use or sale or coal explorations subject to § 45.1-233 of thischapter; and
2. The areas upon which such activities occur or where such activitiesdisturb the natural land surface. Such areas shall also include any adjacentland the use of which is incidental to any such activities, all landsaffected by the construction of new roads or the improvement or use ofexisting roads to gain access to the site of such activities and for haulage,and excavations, workings, impoundments, dams, ventilation shafts, entryways,refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks,tailings, holes or depressions, repair areas, storage areas, processingareas, shipping areas, and other areas upon which are sited structures,facilities, or other property or materials on the surface, resulting from orincident to such activities.
"Unwarranted failure to comply" means the failure of a permittee to preventthe occurrence of any violation of his permit or any requirement of thischapter due to indifference, lack of diligence, or lack of reasonable care,or the failure to abate any violation of such permit or the chapter due toindifference, lack of diligence, or lack of reasonable care.
"Operator" means any person engaging in coal surface mining operationswhether or not such coal is sold within or without the Commonwealth.
"Permit" means a permit issued by the Director pursuant to the approvedstate regulatory program.
"Permit area" means the area of land indicated on the approved mapsubmitted by the operator with his application, which area of land shall becovered by the operator's bond as required by § 45.1-241 and shall be readilyidentifiable by appropriate markers on the site.
"Permittee" means a person holding a permit issued by the Director for coalsurface mining pursuant to § 45.1-234, for coal exploration pursuant to §45.1-233, or for an NPDES permit pursuant to § 45.1-254.
"Other minerals" means clay, stone, sand, gravel, metalliferous andnonmetalliferous ores, and any other solid material or substances ofcommercial value excavated in solid form from natural deposits on or in theearth, exclusive of coal and those minerals which occur naturally in liquidor gaseous form.
(1979, c. 290; 1984, c. 590.)