444.805. Definitions.
Definitions.
444.805. As used in this law, unless the context clearlyindicates otherwise, the following words and terms mean:
(1) "Approximate original contour", that surfaceconfiguration achieved by backfilling and grading of the minedarea so that the reclaimed area, including any terracing oraccess roads, closely resembles the general surface configurationof the land prior to mining and blends into and complements thedrainage pattern of the surrounding terrain, with all highwallsand spoil piles eliminated; water impoundments may be permittedwhere the commission determines that they are in compliance withsubdivision (8) of subsection 2 of section 444.855;
(2) "Coal preparation area", that portion of the permittedarea used for the beneficiation of raw coal and structuresrelated to the beneficiation process such as the washer, tipple,crusher, slurry pond or ponds, gob pile and all waste materialdirectly connected with the cleaning, preparation and shipping ofcoal, but does not include subsurface coal waste disposal areas;
(3) "Coal preparation area reclamation", the reclamation ofthe coal preparation area by disposal or burial or both of coalwaste according to the approved reclamation plan, the replacementof topsoil, and initial seeding;
(4) "Commission", the land reclamation commission createdby section 444.520;
(5) "Director", the director of the land reclamationcommission;
(6) "Federal lands", any land, including mineral interests,owned by the United States without regard to how the UnitedStates acquired ownership of the land and without regard to theagency having responsibility for management thereof, exceptIndian lands;
(7) "Federal lands program", a program established by theUnited States Secretary of the Interior to regulate surface coalmining and reclamation operations on federal lands;
(8) "Imminent danger to the health and safety of thepublic", the existence of any condition or practice, or anyviolation of a permit or other requirement of this law in asurface coal mining and reclamation operation, which condition,practice, or violation could reasonably be expected to causesubstantial physical harm to persons outside the permit areabefore such condition, practice, or violation can be abated. Areasonable expectation of death or serious injury beforeabatement exists if a rational person, subjected to the sameconditions or practices giving rise to the peril, would notexpose himself or herself to the danger during the time necessaryfor abatement;
(9) "Operator", any person engaged in coal mining;
(10) "Permit", a permit to conduct surface coal mining andreclamation operations issued by the commission;
(11) "Permit area", the area of land indicated on theapproved map submitted by the operator with his application,which area of land shall be covered by the operator's bond andshall be readily identifiable by appropriate markers on the site;
(12) "Permittee", a person holding a permit;
(13) "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;
(14) "Phase I reclamation", the filling and grading of allareas disturbed in the conduct of surface coal mining operations,including the replacement of top soil and initial seeding;
(15) "Phase I reclamation bond", a bond for performancefiled by a permittee pursuant to section 444.950 that may have noless than eighty percent released upon the successful completionof phase I reclamation of a permit area in accordance with theapproved reclamation plan, with the rest of the bond remaining ineffect until phase III liability is released;
(16) "Prime farmland", land which historically has beenused for intensive agricultural purposes, and which meets thetechnical criteria established by the commission on the basis ofsuch factors as moisture availability, temperature regime,chemical balance, permeability, surface layer composition,susceptibility to flooding, and erosion characteristics;
(17) "Reclamation plan", a plan submitted by an applicantfor a permit which sets forth a plan for reclamation of theproposed surface coal mining operations;
(18) "Surface coal mining and reclamation operations",surface coal mining operations and all activities necessary andincident to the reclamation of such operations;
(19) "Surface coal mining operations", or "affected land",or "disturbed land":
(a) Activities conducted on the surface of lands inconnection with a surface coal mine or surface operations andsurface impacts incident to an underground coal mine. Suchactivities include excavation for the purpose of obtaining coalincluding such common methods as contour, strip, auger,mountaintop removal, box cut, open pit, and area mining, the usesof explosives and blasting, and in situ distillation orretorting, leaching or other chemical or physical processing, andthe cleaning, concentrating, or other processing or preparation,loading of coal at or near the mine site; provided, however, thatsuch activities do not include the extraction of coal incidentalto the extraction of other minerals where coal does not exceedsixteen and two-thirds percentum of the tonnage of mineralsremoved for purposes of commercial use or sale, or coalexplorations subject to section 444.845; and
(b) The areas upon which such activities occur or wheresuch activities disturb the natural land surface. Such areasshall also include any adjacent land the use of which isincidental to any such activities, all lands affected by theconstruction of new roads or the improvement or use of existingroads to gain access to the site of such activities and forhaulage, and excavations, workings, impoundments, dams,ventilation shafts, entryways, refuse banks, dumps, stockpiles,overburden piles, spoil banks, culm banks, tailings, holes ordepressions, repair areas, storage areas, processing areas,shipping areas and other areas upon which are sited structures,facilities, or other property or materials on the surface,resulting from or incident to such activities;
(20) "This law" or "law", sections 444.800 to 444.970;
(21) "Unwarranted failure to comply", the failure of apermittee to prevent the occurrence of any violation of thepermit, reclamation plan, law or rule and regulation, due toindifference, lack of diligence, or lack of reasonable care, orthe failure to abate any such violation due to indifference, lackof diligence, or lack of reasonable care.
(L. 1979 H.B. 459, A.L. 1982 S.B. 737, A.L. 1987 H.B. 669, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257)