MARVIN MANDEL, Governor

1749

(F) "DEPARTMENT" MEANS THE DEPARTMENT OF NATURAL
RESOURCES.

[(f)] (G) "Land" means the surface of the land
upon which surface mining is conducted.

[(9)] (H) "Landowner" means a person who possesses
legal title to the land.

[(h)] (I) "Minerals" means any solid material,
aggregate, or substance of commercial value, whether
consolidated or loose, found in natural deposits on or in
the earth, including clay, diatomaceous earth, gravel,
marl, metallic ores, sand, shell, soil, and stone. The
term does not include coal.

[(i)] (J) "Mining and reclamation plan" means the
operator's written proposal as required and approved by
the Department for the conduct of mining and the
reclamation of the affected land.

[(J)] (K) "Neighboring" means in close proximity
or in the immediate vicinity, but not in actual contact.

[(k)] (L) "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.

[(1)] (M) "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)] (N) "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)] (O) "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)] (P) "Pit" means the place any minerals are
being mined by the surface mining method.

[(p)] (Q) "Pre—law surface mine" means a noncoal
surface mine which was mined prior to issuance of a
permit under this subtitle.

[(q)] (R) "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)] (S) "Refuse" means all waste soil, rock
mineral, scrap, tailings, slimes, and other materials