2023 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.