MARVIN MANDEL, Governor

2781

(K) "OPERATION" MEANS THE PIT LOCATED UPON A SINGLE
TRACT OF LAND OR A CONTINUOUS PIT EMBRACING OR EXTENDING
UPON TWO OR MORE CONTIGUOUS TRACTS OF LAND.

(L) "OPERATOR" MEANS A PERSON ENGAGED IN SURFACE
MINING AS A PRINCIPAL, AS DISTINGUISHED FROM AN AGENT OR
INDEPENDENT CONTRACTOR WHO OWNS THE MINERALS AS A RESULT
OF THE MINING.

(M) "OVERBURDEN" MEANS THE STRATA OR MATERIAL
OVERLYING A MINERAL DEPOSIT, OR IN BETWEEN MINERAL
DEPOSITS IN ITS NATURAL STATE, AND BEFORE ITS REMOVAL BY
SURFACE MINING.

(N) "PERSON" MEANS AN INDIVIDUAL, RECEIVER,
TRUSTEE, GUARDIAN, EXECUTOR, ADMINISTRATOR, FIDUCIARY, OR
REPRESENTATIVE OF ANY KIND, OR ANY PARTNERSHIP, FIRM,
ASSOCIATION, PUBLIC OR PRIVATE CORPORATION, OR ANY OTHER
ENTITY.

(O) "PIT" MEANS THE PLACE ANY MINERALS ARE BEING
MINED BY THE SURFACE MINING METHOD.

(P) "PRE-LAW SURFACE MINE" MEANS A NON-COAL SURFACE
MINE WHICH WAS MINED PRIOR TO ISSUANCE OF A PERMIT UNDER
THIS SUBTITLE.

(Q) "RECLAMATION" MEANS THE REASONABLE
REHABILITATION OF THE AFFECTED LAND FOR USEFUL PURPOSES
AND THE PROTECTION OF THE NATURAL RESOURCES OF THE
SURROUNDING AREA INCLUDING PONDS.

(R) "REFUSE" MEANS ALL WASTE SOIL, ROCK, MINERAL,
SCRAP, TAILINGS, SLIMES, AND OTHER MATERIALS DIRECTLY
CONNECTED WITH THE MINING, CLEANING, AND PREPARATION OF
SUBSTANCES MINED AND INCLUDES ALL WASTE MATERIALS
DEPOSITED ON OR IN THE PERMIT AREA FROM OTHER SOURCES.

(S) "SPOIL PILE" MEANS THE OVERBURDEN AND REJECT
MATERIALS AS PILED OR DEPOSITED IN SURFACE MINING.

(T) (1) "SURFACE MINING" MEANS ALL OF THE
FOLLOWING:

(I)   THE BREAKING OF THE SURFACE SOIL IN
ORDER TO FACILITATE OR ACCOMPLISH THE EXTRACTION OR
REMOVAL OF MINERALS;

(II)     ANY ACTIVITY OR PROCESS
CONSTITUTING ALL OR PART OF A PROCESS FOR THE EXTRACTION
OR REMOVAL OF MINERALS FROM THEIR ORIGINAL LOCATION; AND

[[(III) THE PREPARATION, WASHING,
CLEANING, OR OTHER TREATMENT OF MINERALS SO AS TO MAKE