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 mining operations, including the area from which overburden or material is to be or has been removed and upon which the overburden is to be or has been deposited, roads constructed to gain access to the material, areas of processing facilities on or contiguous to the opencut mine, treatment and sedimentation ponds, and material stockpile areas on or contiguous to the opencut mine.
     (2) "Board" means the board of environmental review provided for in 2-15-3502.
     (3) "Department" means the department of environmental quality provided for in 2-15-3501.
     (4) "Final cut" means the last pit created in an opencut-mined area.
     (5) "Landowner" means the owner of land subjected to an opencut-mining operation.
     (6) "Materials" means bentonite, clay, scoria, peat, sand, soil materials, or gravel.
     (7) "Opencut mining" means the mining of materials by:
     (a) removing the overburden lying upon natural deposits of materials and mining directly from the exposed natural deposits; or
     (b) mining directly from natural deposits of materials.
     (8) "Operator" means a person engaged in or controlling an opencut-mining operation.
     (9) "Overburden" means all of the earth and other materials that lie 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) "Processing facilities" means all crushers, screens, and asphalt or concrete plants.
     (12) "Progress report" means a report on a form provided by the department, with appropriate maps, that shows:
     (a) any change in ownership or control of the affected land and includes a landowner consent form if a change has occurred;
     (b) any change in personnel who are in charge of the operation or responsible for reclamation;
     (c) any change in any contractors or subcontractors who will be working at the site; and
     (d) all land that has been affected by the operation.
     (13) "Reclamation" means the reconditioning of the area of land affected by opencut-mining operations to make the area suitable for productive use, including but not limited to forestry, agriculture, grazing, wildlife, recreation, or residential and industrial sites.
     (14) "Reclamation plan" means a plan that:
     (a) meets the requirements of 82-4-434; and
     (b) contains a description of current land use, topographical data, water data, soils data, leased areas, and intended mine areas and an explanation of proposed reclamation of the land, including appropriate maps.
     (15) "Refuse" means all waste material directly connected with the opencut-mining operations.
     (16) "Soil materials" are those horizons that contain topsoil or other soils leached free of deleterious salts, that are capable of sustaining plant growth, and that are recognized as such by standard authorities.
     (17) "Spoil" means the overburden that is disturbed from its natural state in the process of opencut mining.

     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.