NY Env Conserv L § 23-2705 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 27 - New York State Mined Land Reclamation 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.