444.352. Definitions.
Definitions.
444.352. As used in sections 444.352 to 444.380, thefollowing words and terms shall mean:
(1) "Beneficiation", the process of concentrating mineralsfrom ore;
(2) "Closure", those actions taken pursuant to acomprehensive plan to contain metallic mineral wastes on site,ensure the integrity of waste management structures and achievethe designated final uses of the metallic minerals wastemanagement area;
(3) "Conference, conciliation and persuasion", a process ofverbal or written communications consisting of meetings, reports,correspondence or telephone conferences between authorizedrepresentatives of the department and the alleged violator. Theprocess shall, at a minimum, consist of one offer to meet withthe alleged violator tendered by the department. During any suchmeeting, the department and the alleged violator shall negotiatein good faith to eliminate the alleged violation and shallattempt to agree upon a plan to achieve compliance;
(4) "Director", the director of the department of naturalresources;
(5) "Disposal", the placing of metallic mineral wastes onor under the ground;
(6) "Facility", an integrated metallic mineral mine or millcomplex or primary metal smelter or refinery complex;
(7) "Inspection-maintenance", those actions taken afterclosure to maintain the waste management area in accordance witha closure plan;
(8) "Metallic mineral waste", mine waste rock, mine water,tailings, chat, blast furnace slag from primary lead smelters andpot liners from primary aluminum smelters, which is disposed ofand not put to beneficial use;
(9) "Metallic minerals", minerals or mineral orescontaining lead, iron, zinc, copper, gold and silver;
(10) "Metallic minerals waste management areas" or "wastemanagement areas", those areas designated and used for thedisposal of metallic mineral wastes from metallic mineralsmining, beneficiation and processing;
(11) "Mining", any activity conducted on or under thesurface of the earth for the extraction of metallic minerals ormineral ores from the earth;
(12) "Minor violation", a violation which possesses a smallpotential to harm the environment or human health or causepollution, was not knowingly committed, and is not defined by theUnited States Environmental Protection Agency as other thanminor;
(13) "Operator", any person, firm, or corporation engagedin and controlling a facility;
(14) "Person", any individual, partnership, copartnership,firm, company, public or private corporation, association, jointstock company, trust, estate, political subdivision, or anyagency, board, department or bureau of the state or federalgovernment, or any other legal entity whatever, which isrecognized by law as the subject of rights and duties.
(L. 1989 H.B. 321 § 2, A.L. 1993 S.B. 80, et al.)