GA Code § 12-4-72 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-72. Definitions

 As used in this part, the term:    "Affected land" means the area of land which has been subjected to surface mining, or upon which overburden has been deposited, or both; provided, however, "affected land" shall not be construed to include land upon which overburden is deposited if, in the opinion of the division, the disposition of such overburden amounts to reclamation of a previously mined area.  (1.1) "Borrow pit" means an excavated area where naturally occurring earthen materials are to be removed for use as ordinary fill at another location. Such term shall not include excavated areas of fewer than five acres which are incidental to forestry land management and from which no earthen material is removed for sale.    "Division" means the Environmental Protection Division of the Department of Natural Resources.   "Government securities" means obligations of the United States or of the State of Georgia, or any bureau, agency, or authority thereof, which are fully guaranteed as to the principal and interest by the United States or the State of Georgia.   "Inspector" means any authorized employee of the Environmental Protection Division who is responsible for the administration or enforcement of this part.   "Mineral" means clay, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth.   "Mining land use plan" means an operator's written proposal for accomplishing land use objectives on the affected land. The term shall include, but not be limited to, an operator's plans prior to, during, and following active mining for erosion and sedimentation control, protection of properties on the National Register of Historic Places, grading, disposal of refuse, reclamation and revegetation, and the time of completion of the plan.   "Mining operator" means any person, firm, partnership, joint venture, association, corporation, municipality, or county engaged in or controlling one or more surface mining operations.   "Overburden" means all of the earth and other materials which lie above natural deposits of ores or minerals, and includes all earth and other materials disturbed from their natural state in the process of surface mining.   "Peak" means a projecting point of overburden removed from its natural position and deposited elsewhere in the process of surface mining.   "Pit" means a tract of land from which overburden has been or is being removed for the purpose of surface mining.   "Reclamation" means the reconditioning or rehabilitation of affected land under an approved mining land use plan.   "Refuse" means all waste material exclusive of overburden directly connected with the mining, cleaning, and preparation of substances mined by surface mining.   "Ridge" means a lengthened elevation of overburden removed from its natural position and deposited elsewhere in the process of surface mining.   "Spoil bank" means overburden removed from its natural position and deposited elsewhere in the process of surface mining.   "Surface mining" means any activity constituting all or part of a process for the removal of minerals, ores, and other solid matter for sale or for processing or for consumption in the regular operation of a business. Tunnels, shafts, borrow pits of less than 1.1 disturbed acres, and dimension stone quarries shall not be considered to be surface mining.    (Ga. L. 1968, p. 9, § 3; Ga. L. 1971, p. 200, §§ 1, 2; Ga. L. 1972, p. 996, §§ 1, 2; Ga. L. 1992, p. 1098, § 1; Ga. L. 1998, p. 168, §§ 1, 2; Ga. L. 2013, p. 593, § 1/SB 156.)   OPINIONS OF THE ATTORNEY GENERAL   "Affected land" construed.    - Term "affected land" as utilized in paragraph (1) of this section is a technical concept; land which might be commonly termed affected in the everyday sense of the word only falls within the technical concept if the affecting operations take place after the effective date of this section. 1970 Op. Att'y Gen. No. 70-30 (see O.C.G.A. § 12-4-72).   "Affected land" is to be defined to include each clause separately within the definition. 1970 Op. Att'y Gen. No. 70-30.    "Affected land" includes  lands used as a spoil area beyond an actual mining pit location and lands previously affected by surface mining operations and subjected to additional excavation of minerals or deposition of spoilage. 1969 Op. Att'y Gen. No. 69-291.   What constitutes "overburden".    - Surface waters of an area that is diked and pumped so as to permit mining directly from exposed deposits can constitute overburden subject to coverage of paragraph (8) of this section. 1970 Op. Att'y Gen. No. 70-25 (see O.C.G.A. § 12-4-72).   Scope of "pit".    - "Pit" as defined in paragraph (10) of this section is limited to dry land borrow pits, not dredging operations. 1970 Op. Att'y Gen. No. 70-35 (see O.C.G.A. § 12-4-72).    Single-site operations involving merely a rearrangement of on-site minerals are not covered by paragraph (10) of this section. 1970 Op. Att'y Gen. No. 70-35 (see O.C.G.A. § 12-4-72).   When "surface mining" occurs.    - Surface mining, as defined in paragraph (15), occurs when mining involves the removal of the earth and other materials lying above natural deposits so as to mine directly from the natural deposits thereby exposed; the mining must be directly from exposed natural deposits and not indirectly through another medium. 1970 Op. Att'y Gen. No. 70-25 (see O.C.G.A. § 12-4-72).   Landowner who sells topsoil, fill dirt, or sand to the public in the regular operation of business is engaged in surface mining. 1969 Op. Att'y Gen. No. 69-196.    "Surface mining" does not occur  when there is dredging or ocean mining of materials normally covered by natural surface water without diking and pumping so as to expose the natural deposits to direct removal. 1970 Op. Att'y Gen. No. 70-25.   On-site grading and excavation preparatory to construction is excluded from the definition of "surface mining" because such excavation and on-site preparation do not involve mining for sale, processing, or consumption in the regular operation of a business. 1970 Op. Att'y Gen. No. 70-33.    Periodic maintenance of impoundments constructed of dredged fill materials does not constitute "consumption" in the regular operation of a business within the meaning of paragraph (15) of this section. 1970 Op. Att'y Gen. No. 70-33 (see O.C.G.A. § 12-4-72).   Judicial enforcement of this part.    - No order to an unlicensed surface miner need be issued as a prerequisite to judicial enforcement of this part. 1969 Op. Att'y Gen. No. 69-493 (see O.C.G.A. § 12-4-70 et seq.).   RESEARCH REFERENCES   ALR.   - Grant, lease, exception, or reservation of "oil, gas, and other minerals," or the like, as including coal or metallic ores, 59 A.L.R.3d 1146.