N.Y. Environmental Conservation Law § 23-2705: Definitions

§ 23-2705. Definitions.

As used in this title, unless the context otherwise requires:

1. "Abandoned" means the cessation of mining and reclamation

activities on land affected by mining without prior notification to the

department of such cessation of activities or without describing such

cessation in a mined land-use plan approved by the department, and after

opportunity to be heard.

2. "Affected land" and "land affected by mining" means the sum of that

surface area of land or land under water which: (i) has been disturbed

by mining since April first, nineteen hundred seventy-five and not been

reclaimed, and (ii) is to be disturbed by mining during the term of the

permit to mine.

3. "Applicant" means that person making application to the department

for a mining permit.

4. "Haulageway" means all roads utilized for mining purposes, together

with that area of land over which material is transported, that are

located within the permitted area.

5. "Mine" means any excavation from which a mineral is to be produced

for sale or exchange, or for commercial, industrial or municipal use;

all haulageways and all equipment above, on or below the surface of the

ground used in connection with such excavation, and all lands included

in the life of the mine review by the department.

6. "Mined land-use plan" means a document, consisting of a mining plan

and a reclamation plan, which describes proposals for conduct of the

applicant's mining operation and reclamation of the land to be mined to

achieve the purposes of this title.

7. "Mineral" means any naturally formed, usually inorganic, solid

material located on or below the surface of the earth. For the purposes

of this title, peat and topsoil shall be considered minerals.

8. "Mining" means the extraction of overburden and minerals from the

earth; the preparation and processing of minerals, including any

activities or processes or parts thereof for the extraction or removal

of minerals from their original location and the preparation, washing,

cleaning, crushing, stockpiling or other processing of minerals at the

mine location so as to make them suitable for commercial, industrial, or

construction use; exclusive of manufacturing processes, at the mine

location; the removal of such materials through sale or exchange, or for

commercial, industrial or municipal use; and the disposition of

overburden, tailings and waste at the mine location. "Mining" shall not

include the excavation, removal and disposition of minerals from

construction projects, exclusive of the creation of water bodies, or

excavations in aid of agricultural activities.

9. "Mining plan" means a description of the applicant's mining

operation which shall include maps, plans, written materials and other

documents as required by the department.

10. "Overburden" means all of the earth, vegetation and other

materials which lie above or alongside a mineral deposit.

11. "Permittee" means any person who holds a valid mining permit from

the department for the boundaries of the land identified in the mined

land-use plan.

12. "Person" means any individual, public or private corporation,

political subdivision, government agency, department or bureau of the

state, municipality, industry, partnership, association, firm, trust,

estate or any other legal entity whatsoever.

13. "Person engaged in mining" means a person who is subject to this

title but who is mining without a mining permit issued by the

department.

14. "Reclamation" means the conditioning of the affected land to make

it suitable for any uses or purposes consistent with the provisions of

this title.

15. "Reclamation plan" means a description of operations to be

performed by the applicant to reclaim the land to be mined over the life

of the mine. The reclamation plan shall include maps, plans, the

schedule for reclamation, written material and other documents as

required by the department.

16. "Spoil" means any waste material removed from its natural place in

the process of mining and all waste material directly connected with the

cleaning and preparation of any minerals.

17. "Tailings" means material of inferior quality or value resulting

from the removal, preparation or processing of minerals.