3076

LAWS OF MARYLAND

Ch. 668

[(d)] (C) "Borrow pit" means an area from which soil or
other unconsolidated materials are removed to be used, without
further processing, as fill for activities such as landscaping,
building construction, or highway construction and maintenance.

[(e)] (D) "Contiguous" means in actual contact, sharing a
common property boundary, or separated only by a stream or the
right-of-way of a road or highway.

[(f)] (E) "Department" means the Department of Natural
Resources.

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

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

(H) "LICENSEE" MEANS A PERSON WHO IS AUTHORIZED BY THE
DEPARTMENT TO CONDUCT SURFACE MINING AND RECLAMATION ACTIVITIES
UNDER § 7-6A-06 OF THIS SUBTITLE.

(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.

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

(k) "Neighboring" means in close proximity or in the
immediate vicinity, but not in actual contact.

(1) "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.

(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.

(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) "PERMITTEE" MEANS A PERSON WHO HOLDS A VALID PERMIT TO
CONDUCT SURFACE MINING AND RECLAMATION OPERATIONS APPROVED BY THE
DEPARTMENT UNDER § 7-6A-09 OF THIS SUBTITLE.

(o) "Person" means an individual, receiver, trustee,
guardian, executor, administrator, fiduciary, or representative