Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 1 - General › Section XV-105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in these
				  regulations, the following terms have the specified meaning, except where
				  otherwise indicated.
Abandoned Site
- a surface coal mining and
					 reclamation operation for which the office has found in writing that:
a. all surface coal mining and reclamation activities at
					 the site have ceased;
b. the office has issued at least one notice of violation,
					 and either:
i. is unable to serve the notice despite diligent efforts
					 to do so; or
ii. the notice was served and has progressed to a
					 failure-to-abate cessation order;
c. the office:
i. is taking action to ensure that the permittee and
					 operator, and owners and controllers of the permittee and operator, will be
					 precluded from receiving future permits while violations continue at the site;
					 and
ii. is taking action pursuant to §918. A, 918.F,
					 921.A(4) or 921.B of the Act to ensure that abatement occurs or that there will
					 not be a recurrence of the failure-to-abate, except where after evaluating the
					 circumstances it concludes that further enforcement offers little or no
					 likelihood of successfully compelling abatement or recovering any reclamation
					 costs; and
d. where the site is, or was, permitted or bonded:
i. the permit has expired or been revoked, or permit
					 revocation proceedings have been initiated and are being pursued diligently;
					 and
ii. the office has initiated and is diligently pursuing
					 forfeiture of, or has forfeited, the performance bond.
Acid Drainage
- water with a pH value of
					 less than 6.0, and in which total acidity exceeds total alkalinity, discharged
					 from an active, inactive or abandoned surface coal mine and reclamation
					 operation, or from an area affected by surface coal mining and reclamation
					 operations.
Acid-Forming Materials
- earth materials
					 that contain sulfide minerals or other materials which, if exposed to air,
					 water or weathering processes, form acids that may create acid drainage.
Acid Test Ratio
- the relation of quick
					 assets to current liabilities.
Act
- the Louisiana Surface Mining and
					 Reclamation Act, R.S. 30:901-32.
Adjacent Area
- land located outside the
					 affected area, permit area or mine plan area, depending on the context in which
					 "adjacent area" is used, where air, surface water or ground water, fish,
					 wildlife, vegetation or resources protected by the Act may be adversely
					 impacted by surface coal mining and reclamation operations.
Affected Area
- any land or water surface
					 which is used to facilitate, or is physically altered by, surface coal mining
					 and reclamation operations. The affected area includes: the disturbed area; any
					 area upon which surface coal mining and reclamation operations are conducted;
					 any adjacent lands the use of which is incidental to surface coal mining and
					 reclamation operations; all areas covered by new or existing roads used to gain
					 access to, or for hauling coal to or from, surface coal mining and reclamation
					 operations; any area covered by surface excavations, workings, impoundments,
					 dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles,
					 overburden piles, spoil banks, culm banks, tailings, holes or depressions,
					 repair areas, storage areas or shipping areas; any areas upon which are sited
					 structures, facilities or other property material on the surface resulting
					 from, or incident to, surface coal mining and reclamation operations; and the
					 area located above underground workings.
Agricultural Use
- the use of any tract of
					 land for the production of animal or vegetable life.
Applicant
- a person applying for a
					 permit.
Applicant/Violator System
or
AVS
- an automated information system of applicant, permittee,
					 operator, violation and related data the Office of Surface Mining maintains to
					 assist in implementing the Surface Mining Control and Reclamation Act, as
					 amended.
Application
- the documents and other
					 information filed with the commissioner for the issuance of an exploration,
					 development operations or surface mining and reclamation operations
					 permit.
Approximate Original Contour
- that surface
					 configuration achieved by backfilling and grading of the mined area so that the
					 reclaimed area, including any terracing or access roads, closely resembles the
					 general surface configuration of the land prior to mining and blends into and
					 complements the drainage pattern of the surrounding terrain, with all
					 highwalls, spoil piles and coal refuse piles eliminated. Permanent water
					 impoundments may be permitted where the commissioner determines that they are
					 in compliance with §5333
Aquifer
- a zone, stratum or group of
					 strata that can store and transmit water in sufficient quantities for a
					 specific use.
Asset Ratio
- the relation of total assets
					 to total liabilities.
Assets
- cash and current assets that are
					 reasonably expected to be realized in cash or sold or consumed within one
					 year.
Best Technology Currently Available
-
					 equipment, devices, systems, methods or techniques which will:
a. prevent, to the extent possible, additional
					 contributions of suspended solids to stream flow or runoff outside the permit
					 area, but in no event result in contributions of suspended solids in excess of
					 requirements set by applicable state or federal laws; and
b. minimize, to the extent possible, disturbances and
					 adverse impacts on fish, wildlife and related environmental values, and achieve
					 enhancement of those resources where practicable. The term includes equipment,
					 devices, systems, methods or techniques which are currently available anywhere
					 as determined by the commissioner, even if they are not in routine use. The
					 term includes, but is not limited to, construction practices, siting
					 requirements, vegetative selection and planting requirements, animal stocking
					 requirements, scheduling of activities, and design of sedimentation ponds in
					 accordance with §5327 Within the constraints of the permanent program,
					 the commissioner shall have the discretion to determine the best technology
					 currently available on a case-by-case basis.
Capital Assets
- those assets such as
					 lands, buildings and equipment held for use in the production and sale of other
					 assets and services.
Cash
- all cash items except cash
					 restricted by an agreement, or described as earmarked for a particular purpose;
					 and short term investments such as stocks, bonds, notes and certificates of
					 deposit where the intent and ability to sell them in the near future is
					 established by the operator.
Cemetery
- any area of land where human
					 bodies are interred.
Coal
- all forms of coal, including
					 lignite.
Coal Exploration,
or
Exploration
					 Operations
- the drilling of test holes or core holes for the purpose
					 of, or related to, the determining of the location, quantity or quality of a
					 coal deposit under a permit to be issued by the commissioner; and any other
					 coal exploration operations that will substantially disturb the surface and are
					 not otherwise covered by the Act.
Coal Mine
Waste
- coal
					 processing waste and underground development waste.
Coal Mining
Operation
-
					 the business of developing, producing, preparing and loading bituminous coal,
					 subbituminous coal or lignite, or of reclaiming the areas upon which such
					 activities occur. This term applies solely to Chapter 5 of these
					 regulations.
Coal Preparation
- chemical or physical
					 processing and the cleaning, concentrating or other processing or preparation
					 of coal.
Coal Preparation
Plant
- a
					 facility where coal is subjected to chemical or physical processing or
					 cleaning, concentrating or other processing or preparation. It includes
					 facilities associated with coal preparation activities including, but not
					 limited to, the following: loading facilities; storage and stockpile
					 facilities; sheds, shops and other buildings; water-treatment and water-storage
					 facilities; settling basins and impoundments; and coal processing and other
					 waste disposal areas.
Coal Processing
Waste
-
					 earth materials which are separated and wasted from the product coal during
					 cleaning, concentrating or other processing or preparation of coal.
Collateral Bond
- an indemnity agreement in
					 a sum certain executed by the permittee as principal which is supported by the
					 deposit with the office of one or more of the following:
a. a cash account, which shall be the deposit of cash in
					 one or more federally insured or equivalently protected accounts, payable only
					 to the office upon demand, or the deposit of cash directly with the
					 office;
b. negotiable bonds of the United States, a state or a
					 municipality, endorsed to the order of, and placed in the possession of, the
					 office;
c. negotiable certificates of deposit, made payable or
					 assigned to the office and placed in its possession or held by a federally
					 insured bank;
d. an irrevocable letter of credit of any bank organized or
					 authorized to transact business in the United States, payable only to the
					 office upon presentation;
e. a perfected, first-lien security interest in real
					 property in favor of the office; or
f. other investment-grade rated securities having a rating
					 of AAA, AA or A or an equivalent rating issued by a nationally recognized
					 securities rating service, endorsed to the order of, and placed in the
					 possession of, the office.
Commissioner
- the commissioner of the
					 Office of Conservation of the state of Louisiana, or such other person or
					 persons who may, from time to time, be designated by the commissioner to
					 administer and enforce the provisions of the Act and these regulations.
Common Size
Comparative Balance
					 Sheet
- item amounts from a number of the permittee's or applicant's
					 successive yearly balance sheets arranged side-by-side in a single statement
					 followed by common size percentages whereby:
a. the asset total is assigned a value of 100
					 percent;
b. the total of liabilities and owner equity is also
					 assigned a value of 100 percent; and
c. each individual asset, liability and owner equity item
					 is shown as a fraction of one of the 100 percent totals.
Common Size Comparative Income Statement
-
					 an operator's income statement amounts for a number of successive yearly
					 periods arranged side by side in a single statement followed by a common size
					 percentages whereby net sales are assigned a 100 percent value, and then each
					 statement item is shown as a percentage of net sales.
Community or
Institutional
					 Building
- any structure, other than a public building or an occupied
					 dwelling, which is used primarily for meetings, gatherings or functions of
					 local civic organizations or other community groups; functions as an
					 educational, cultural, historic, religious, scientific, correctional, mental
					 health or physical health care facility; or is used for public services,
					 including, but not limited to, water supply, power generation or sewage
					 treatment.
Compaction
- increasing the density of a
					 material by reducing the voids between the particles, and generally
					 accomplished by controlled placement and mechanical effort such as from
					 repeated application of wheel, track or roller loads from heavy
					 equipment.
Complete Application
- an application for
					 exploration or development operations approval or permit, which contains all
					 information required under the Act or these regulations.
Control
or C
ontroller
(when used in Chapters 23, 31 and 35)-
a. a permittee of a surface coal mining operation;
b. an operator of a surface coal mining operation;
					 or
c. any person who has the ability to determine the manner
					 in which a surface coal mining operation is conducted.
Cropland
- land used for the production of
					 adapted crops for harvest, alone or in a rotation with grasses and legumes, and
					 includes row crops, small grain crops, hay crops, nursery crops, orchard crops
					 and other similar specialty crops.
Cumulative Impact
Area
-
					 the area, including the permit area, within which impacts resulting from the
					 proposed operation may interact with the impacts of all anticipated mining on
					 surface- and ground-water systems. Anticipated mining shall include, at a
					 minimum, the entire projected lives through bond release of: the proposed
					 operation; all existing operations; any operation for which a permit
					 application has been submitted to the office; and all operations required to
					 meet diligent development requirements for leased federal coal for which there
					 is actual mine development information available.
Current Liabilities
- debts or other
					 obligations that must be paid or liquidated within a short period of time,
					 usually a year. This shall also include dividends payable on preferred stock
					 within one year.
Current Ratio
- the relation of current
					 assets to current liabilities.
Data Gathering
Activities
- the field gathering of:
a. surface or subsurface geologic, physical or chemical
					 data by mapping, trenching, drilling, geophysical or other techniques;
					 or
b. the gathering of environmental data to establish the
					 conditions of an area before beginning surface coal mining and reclamation
					 operations under the requirements of these regulations; provided, however, that
					 data gathering activities shall not include those activities defined as
					 exploration operations or development operations as those terms are defined
					 under the Act or these regulations.
Development Operations
- all or any part of
					 the process of removing, by power earth moving equipment, coal or overburden
					 for the purpose of determining coal quality or quantity or coal mining
					 feasibility; provided, that if more than 25,000 tons of coal or 10 acres of
					 overburden will be removed then such operations will be considered surface coal
					 mining operations.
Development Operations
Permit
- the certification by the commissioner that the named
					 person may conduct the development operations described in the certification
					 during the term of the development operations permit and in the manner
					 established in the certification.
Direct Financial
Interest
- ownership or part ownership by an employee of lands,
					 stocks, bonds, debentures, warrants, partnership shares or other holdings and
					 any other arrangement where the employee may benefit from his or her holdings
					 in, or salary from, coal mining operations. Direct financial interests include
					 employment, pensions, creditor, immovable property and other financial
					 relationships.
Director
- the director of the federal
					 Office of Surface Mining Reclamation and Enforcement.
Disturbed Area
- an area where vegetation,
					 topsoil or overburden is removed or upon which topsoil, spoil, coal processing
					 waste or noncoal waste is placed by surface coal mining operations. Those areas
					 are classified as disturbed until reclamation is completed and the performance
					 bond or other assurance of performance required by Subpart 4 is
					 released.
Diversion
- a channel, embankment or other
					 man-made structure constructed to divert water from one area to another.
Downslope
- the land surface between the
					 projected outcrop of the lowest coalbed being mined along each highwall and a
					 valley floor.
Embankment
- an artificial deposit of
					 material that is raised above the natural surface of the land and used to
					 contain, divert or store water, support roads or railways, or for other similar
					 purposes.
Employee
-
a. any person employed by the Office of Conservation who
					 performs any function or duty under the Act;
b. members of advisory boards and commissions established
					 in accordance with state laws or regulations to represent multiple interests,
					 who perform a function or duty under the Act;
c. advisory board or commission members and consultants who
					 perform any function or duty under the Act, if they perform decision-making
					 functions for the office under the authority of state law or regulations.
Ephemeral Stream
- a stream which flows
					 only in direct response to precipitation in the immediate watershed or in
					 response to the melting of a cover of snow and ice and which has a channel
					 bottom that is always above the local water table.
Existing Structure
- a structure or a
					 facility used in connection with or to facilitate surface coal mining and
					 reclamation operations for which construction begins prior to the approval of a
					 state program or implementation of a federal program or federal lands program,
					 whichever occurs first.
Exploration Operations
Permit
- a permit issued by the commissioner to an applicant to
					 conduct coal exploration as that term is defined in these regulations.
Extraction of Coal as an Incidental Part
-
					 the extraction of coal which is necessary to enable the construction to be
					 accomplished. For the purposes of Chapter 7, only that coal extracted from
					 within the right-of-way, in the case of a road, railroad, utility line or other
					 such construction or within the boundaries of the area directly affected by
					 other types of government-financed construction, may be considered incidental
					 to that construction. Extraction of coal outside the right-of-way or boundary
					 of the area directly affected by construction shall be subject to the
					 requirements of the Act and these regulations.
Federal Act
- the Surface Mining Control
					 and Reclamation Act of 1977 ( P.L. 95-87).
Federal Land
Program
- a
					 program established by the secretary of interior pursuant to §523 of the
					 Federal Act to regulate surface coal mining and reclamation operations on
					 federal lands.
Federal Lands
- any lands, including
					 mineral interests, owned by the United States, without regard to how the United
					 States acquired ownership of the lands or which agency manages the lands, but
					 does not include Indian lands.
Federal Office
- the Office of Surface
					 Mining Reclamation and Enforcement established under Title II of the Federal
					 Act.
Fixed Assets
- plants and equipment, but
					 does not include land or coal in place.
Fragile Lands
- geographic areas containing
					 natural, ecologic, scientific or aesthetic resources that could be damaged or
					 destroyed by surface coal mining operations. Examples of fragile lands include:
					 valuable habitats for fish or wildlife, critical habitats for endangered or
					 threatened species of animals or plants, uncommon geologic formations,
					 paleontological sites, national natural landmark sites, areas where mining may
					 cause flooding, environmental corridors containing a concentration of ecologic
					 and aesthetic features, areas of recreational value due to high environmental
					 quality and buffer zones adjacent to the boundaries of areas where surface coal
					 mining operations are prohibited under §922 of the Act and Chapter 11 of
					 these regulations.
Fugitive Dust
- that particulate matter not
					 emitted from a duct or stack which becomes airborne due to the forces of wind
					 or surface coal mining and reclamation operations or both. During surface coal
					 mining and reclamation operations it may include emissions from haulroads, wind
					 erosion of exposed surfaces, storage piles, spoil piles, reclamation operations
					 and other activities in which material is either removed, stored, transported
					 or redistributed.
Fund
- the Abandoned Mine Reclamation Fund
					 established pursuant to
					 §401 of the
					 Federal Act.
Government-Financed
Construction
- construction funded 50 percent or more by funds
					 appropriated from a government financing agency's budget or obtained from
					 general revenue bonds, but shall not mean government financing agency
					 guarantees, insurance, loans, funds obtained through industrial revenue bonds
					 or their equivalent or in kind payments.
Government Financing
Agency
- a federal, state, parish, municipal or local unit of
					 government, or a department, bureau, agency or office of the unit which
					 directly, or through another unit of government, finances construction.
Ground Cover
- the area of ground covered
					 by the combined aerial parts of vegetation and the litter that is produced
					 naturally on site, expressed as a percentage of the total area of
					 measurement.
Ground Water
- subsurface water that fills
					 available openings in rock or soil materials to the extent that they are
					 considered water-saturated.
Half-Shrub
- a perennial plant with a woody
					 base whose annually produced stems die back each year.
Head-of-Hollow Fill
- a fill structure
					 consisting of any material, other than coal-processing waste and organic
					 material, placed in the uppermost reaches of a hollow where side slopes of the
					 existing hollow measured at the steepest point are greater than 20 degrees or
					 the average slope of the profile of the hollow from the toe of the fill to the
					 top of the fill is greater than 10 degrees. In fills with less than 250,000
					 cubic yards of material, associated with contour mining, the top surface of the
					 fill will be at the elevation of the coal seam. In all other head-of-hollow
					 fills, the top surface of the fill, when completed, is at approximately the
					 same elevation as the adjacent ridge line, and no significant area of natural
					 drainage occurs above the fill draining into the fill area.
Highwall
- the face of exposed overburden
					 and coal in an open cut of a surface coal mining activity or for entry to
					 underground mining activities.
Historic Lands
- historic or cultural
					 districts, places, structures or objects, including archaeological sites,
					 National Historic Landmark sites, sites listed on or eligible for listing on a
					 State or National Register of Historic Places, sites having religious or
					 cultural significance to native Americans or religious groups or sites for
					 which historic designation is pending.
Historically Used for Cropland
-
a. lands that have been used for cropland for any five or
					 more years out of the 10 years immediately preceding the acquisition, including
					 purchase, lease or option of the land for the purpose of conducting or allowing
					 through resale, lease or option the conduct of surface coal mining and
					 reclamation operations;
b. lands that the office determines, on the basis of
					 additional cropland history of the surrounding lands and the lands under
					 consideration, that the permit area is clearly cropland but falls outside the
					 specific five-year-in-10 criterion, in which case the regulations for prime
					 farmland may be applied to include more years of cropland history only to
					 increase the prime farmland acreage to be preserved; or
c. lands that would likely have been used as cropland for
					 any five out of the last 10 years immediately preceding such acquisition, but
					 for the same fact of ownership or control of the land unrelated to the
					 productivity of the land.
Hydrologic Balance
- the relationship
					 between the quality and quantity of water inflow to, water outflow from and
					 water storage in a hydrologic unit such as a drainage basin, aquifer, soil
					 zone, lake or reservoir. It encompasses the dynamic relationships between
					 precipitation, runoff, evaporation and changes in surface- and ground-water
					 storage.
Hydrologic Regime
- the entire state of
					 water movement in a given area. It is a function of the climate and includes
					 the phenomena by which water first occurs as atmospheric water vapor, passes
					 into a liquid or solid form, falls as precipitation, moves along or into the
					 ground surface and returns to the atmosphere as vapor by means of evaporation
					 and transpiration.
Imminent Danger to the Health and Safety of the
					 Public
- the existence of any condition or practice, or any violation
					 of a permit or other requirement of these regulations in a surface coal mining
					 and reclamation operation, which condition, practice or violation could
					 reasonably be expected to cause substantial physical harm to persons outside
					 the permit area before such condition, practice or violation can be abated. A
					 reasonable expectation of death or serious injury before abatement exists if a
					 rational person, subjected to the same conditions or practices giving rise to
					 the peril, would not expose himself or herself to the danger during the time
					 necessary for abatement.
Impounding Structure
- a dam, embankment or
					 other structure used to impound water, slurry or other liquid or semiliquid
					 material.
Impoundment
- a closed basin, naturally
					 formed or artificially built, which is dammed or excavated for the retention of
					 water, sediment or waste.
In Situ
Processes
-
					 activities conducted on the surface or underground in connection with in-place
					 processing of coal. The term includes, but is not limited to, in situ
					 gasification, in situ leaching, slurry mining, solution mining, borehole mining
					 and fluid recovery mining.
Indian Lands
- all lands, including mineral
					 interests, within the exterior boundaries of any federal Indian reservation,
					 notwithstanding the issuance of any patent, and including rights-of-way, and
					 all lands including mineral interests held in trust for or supervised by an
					 Indian tribe.
Indian Tribe
- any Indian tribe, band,
					 group or community located within the state of Louisiana having a governing
					 body recognized by the secretary of interior.
Indirect Financial
Interest
- the same financial relationship as for direct
					 ownership, but where the employee reaps the benefits of such interests,
					 including interests held by his or her spouse, minor child and other relatives,
					 including in-laws, residing in the employee's home. The employee will not be
					 deemed to have an indirect financial interest if there is no relationship
					 between the employee's functions or duties and the coal mining operation in
					 which the spouse, minor children or other resident relatives hold a financial
					 interest.
Intermittent Stream
- a stream or reach of
					 a stream that drains a watershed of at least one square mile or a stream or
					 reach of a stream that is below the local water table for at least some part of
					 the year and obtains its flow from surface runoff and ground-water
					 discharge.
Irreparable Damage to the Environment
- any
					 damage to the environment that cannot be corrected by actions of the
					 applicant.
Knowing
or
Knowingly
- a
					 person who authorized, ordered, or carried out an act or omission knew or had
					 reason to know that the act or omission would result in either a violation or a
					 failure to abate or correct a violation.
Land Use
- specific use or
					 management-related activity, rather than the vegetation or cover of the land.
					 Land uses may be identified in combination when joint or seasonal uses occur.
					 Changes of land use or uses from one of the following categories to another
					 shall be considered as a change to an alternative land use which is subject to
					 approval by the office.
a.
Cropland
- land used for the production
					 of adapted crops for harvest, alone or in a rotation with grasses and legumes,
					 and includes row crops, small grain crops, hay crops, nursery crops, orchard
					 crops and other similar specialty crops. Land used for facilities in support of
					 cropland farming operations which is adjacent to or an integral part of these
					 operations is also included for purposes of these land use categories.
b.
Pastureland
or
Land
					 Occasionally Cut for Hay
- land used primarily for the long-term
					 production of adapted, domesticated forage plants to be grazed by livestock or
					 occasionally cut and cured for livestock feed. Land used for facilities in
					 support of pastureland or land occasionally cut for hay which is adjacent to or
					 an integral part of these operations is also included.
c.
Grazingland
- includes both grasslands
					 and forestlands where the indigenous vegetation is actively managed for
					 grazing, browsing or occasional hay production. Land used for facilities in
					 support of ranching operations which is adjacent to or an integral part of
					 these operations is also included.
d.
Forestry
- land used or managed for the
					 long-term production of wood, wood fiber or wood derived products. Land used
					 for facilities in support of forest harvest and management operations which is
					 adjacent to or an integral part of these operations is also included.
e.
Residential
- includes single- and
					 multiple-family housing, mobile home parks and other residential lodgings. Land
					 used for facilities in support of residential operations which is adjacent to
					 or an integral part of these operations is also included. Support facilities
					 include, but are not limited to, vehicle parking and open space that directly
					 relate to the residential use.
f.
Industrial/Commercial
- land used for:
i. extraction or transformation of materials for
					 fabrication of products, wholesaling of products or for long-term storage of
					 products. This includes all heavy and light manufacturing facilities such as
					 lumber and wood processing, chemical manufacturing, petroleum refining and
					 fabricated metal products manufacture. Land used for facilities in support of
					 these operations which is adjacent to or an integral part of that operation is
					 also included. Support facilities include, but are not limited to, all rail,
					 road and other transportation facilities;
ii. retail or trade of goods or services, including hotels,
					 motels, stores, restaurants and other commercial establishments. Land used for
					 facilities in support of commercial operations which is adjacent to or an
					 integral part of these operations is also included. Support facilities include,
					 but are not limited to, parking, storage or shipping facilities.
g.
Recreation
- land used for public or
					 private leisure-time use, including developed recreation facilities such as
					 parks, camps and amusement areas, as well as areas for less intensive uses such
					 as hiking, canoeing and other undeveloped recreational uses.
h.
Fish and Wildlife Habitat
- land
					 dedicated wholly or partially to the production, protection or management of
					 species of fish or wildlife.
i.
Developed Water Resources
- land used
					 for storing water for beneficial uses such as stockponds, irrigation, fire
					 protection, flood control and water supply.
j.
Undeveloped Land
or
No Current
					 Use or Land Management
- land that is undeveloped or, if previously
					 developed, land that has been allowed to return naturally to an undeveloped
					 state or has been allowed to return to forest through natural succession.
Liquidity Ratio
- the relation of cash to
					 current liabilities.
Mine Plan
Area
- the area
					 of land and water within the boundaries of all permit areas during the life of
					 the surface coal mining and reclamation operations. At a minimum, it includes
					 all areas which are or will be affected during the entire life of those
					 operations. Other terms defined in this Section which relate closely to mine
					 plan area are: permit area, which will always be within or the same as the mine
					 plan area; affected area, which will always be within or the same as the permit
					 area; adjacent area, which may surround or extend beyond the affected area,
					 permit area or mine plan area; and cumulative impact area, which may surround
					 or extend beyond the affected area, permit area or mine plan area, and includes
					 all areas that may be affected by all surface coal mining and reclamation
					 operations.
Moist Bulk
Density
- the
					 weight of soil (oven dry) per unit volume. Volume is measured when the soil is
					 at field moisture capacity (one third bar moisture tension). Weight is
					 determined after drying the soil at 105 C.
Monitoring
- as used in Chapter 37, the
					 collection of environmental data by either continuous or periodic sampling
					 methods.
Mulch
- vegetation residues or other
					 suitable materials that aid in soil stabilization and soil moisture
					 conservation, thus providing micro-climatic conditions suitable for germination
					 and growth.
Natural Hazard
Lands
-
					 geographic areas in which natural conditions exist which pose or, as a result
					 of surface coal mining operations, may pose a threat to the health, safety or
					 welfare of people, property or the environment, including areas subject to
					 landslides, cave-ins, large or encroaching sand dunes, severe wind or soil
					 erosion, frequent flooding, avalanches and areas of unstable geology.
Net Profit
- the bottom line of the income
					 statement after taxes, including taxes based on income, adjustments, all
					 extraordinary income and expense, but before preferred and common stock
					 dividends.
Net Worth
- total assets minus total
					 liabilities; equivalent to owner's equity.
Noxious Plants
- species that have been
					 included on official Louisiana state lists of noxious plants.
Occupied Dwelling
- any building that is
					 currently being used on a regular or temporary basis for human
					 habitation.
Office of Conservation
or
Office
- the Office of Conservation of the Louisiana Department
					 of Natural Resources.
Operator
- any person, partnership or
					 corporation engaged in coal mining who removes or intends to remove more than
					 250 tons of coal from the earth by surface coal mining methods within 12
					 consecutive calendar months in any one location.
Other Treatment Facilities
-any chemical
					 treatments, such as flocculation or neutralization, or mechanical structures,
					 such as clarifiers or precipitators, that have a point-source discharge and
					 that are utilized:
a. to prevent additional contributions of dissolved or
					 suspended solids to streamflow or runoff outside the permit area; or
b. to comply with all applicable state and federal
					 water-quality laws and regulations.
Outslope
- the face of the spoil or
					 embankment sloping downward from the highest elevation to the toe.
Overburden
- material of any nature,
					 consolidated or unconsolidated, that overlies a coal deposit, excluding
					 topsoil.
Own
,
Owner
, or
Ownership
(as used in Chapters 23, 31 and 35) (except when
					 used in the context of ownership of real property)-being a sole proprietor or
					 owning of record in excess of 50 percent of the voting securities or other
					 instruments of ownership of an entity.
Perennial Stream
- a stream or part of a
					 stream that flows continuously during all of the calendar year as a result of
					 ground-water discharge or surface runoff. The term does not include
					 intermittent stream or ephemeral stream.
Performance Bond
- a surety bond,
					 collateral bond or self-bond, or a combination thereof, by which a permittee
					 assures faithful performance of all the requirements of the Act, these
					 regulations, this program and the requirements of the permit and reclamation
					 plan.
Permanent Diversion
- a diversion remaining
					 after surface coal mining and reclamation operations are completed which has
					 been approved for retention by the office.
Permanent Impoundment
- an impoundment
					 which is approved by the office and, if required, by other state and federal
					 agencies, for retention as part of the post-mining land use.
Permit
- a permit to conduct surface coal
					 mining and reclamation operations issued by the office pursuant to the Act, but
					 does not include exploration and development permits.
Permit Area
- the area of land and water
					 within the boundaries of the permit which are designated on the permit
					 application maps, as approved by the office. This area shall include, at a
					 minimum, all areas which are or will be affected by the surface coal mining and
					 reclamation operations during the term of the permit.
Permittee
- a person holding a permit or
					 persons required to have a permit.
Person
- an individual, partnership,
					 association, society, joint stock company, firm, company, corporation or other
					 business organization.
a. Person having an interest which is or may be adversely
					 affected or person with a valid legal interest shall include any person:
i. who lawfully uses any resources of economic,
					 recreational, aesthetic or environmental value that may be adversely affected
					 by coal exploration, development operations or surface coal mining and
					 reclamation operations or any regulated action of the commissioner or the
					 office; or
ii. whose property is or may be adversely affected by coal
					 exploration, development operations or surface coal mining and reclamation
					 operations or any related action of the commissioner or the office.
Precipitation Event
- a quantity of water
					 resulting from drizzle, rain, snow, sleet or hail in a limited period of time.
					 It may be expressed in terms of recurrence interval. As used in these
					 regulations, precipitation event also includes that quantity of water emanating
					 from snow cover as snow-melt in a limited period of time.
Previously Mined Area
-land affected by
					 surface coal mining operations prior to August 3, 1977, that has not been
					 reclaimed to the standards of 30 CFR Chapter VII.
Prime Farmland
- those lands which are
					 defined by the secretary of agriculture in  7 CFR 657  (
Federal
					 Register
, Vol. 4 No. 21) and which have historically been used for
					 cropland as that phrase is defined above.
Principal Shareholder
- any person who is
					 the record or beneficial owner of 10 percent or more of any class of voting
					 stock.
Probable Cumulative
Impacts
- as used in Chapter 37, the expected total qualitative
					 and quantitative, direct and indirect effects of mining and reclamation
					 activities on the hydrologic regime.
Probable Hydrologic
Consequence
- as used in Chapter 37, the projected result of
					 proposed surface coal mining and reclamation operations which may reasonably be
					 expected to change the quantity or quality of the surface water and ground
					 water, the surface- or ground-water flow, timing and pattern, the stream
					 channel conditions, and the aquatic habitat on the permit area and other
					 affected areas.
Prohibited Financial
Interest
- any direct or indirect financial interest in any
					 coal mining operation.
Property to
be Mined
-
					 both the surface and subsurface areas underneath lands which are within the
					 permit area.
Public Building
- any structure that is
					 owned by a public agency or used principally for public business, meetings or
					 other group gatherings.
Public Office
- a facility under the
					 direction and control of a governmental entity which is open to public access
					 on a regular basis during reasonable business hours.
Public Park
- an area dedicated or
					 designated by a federal, state or local agency for public recreational use,
					 whether or not such use is limited to certain times or days, including any land
					 leased, reserved or held open to the public because of that use.
Public Road
- a road:
a. which has been designated as a public road pursuant to
					 the laws of the jurisdiction in which it is located;
b. which is maintained with public funds in a manner
					 similar to other public roads of the same classification within the
					 jurisdiction;
c. for which there is substantial (more than incidental)
					 public use; and
d. which meets road construction standards for other public
					 roads of the same classification in the local jurisdiction.
Qualified Laboratory
-a designated public
					 agency, private firm, institution, or analytical laboratory that can provide
					 the required determination of probable hydrologic consequences or statement of
					 results of test borings or core samplings or other services as specified at
					 §3711 and that
					 meets the standards of §3713
Quick Assets
- cash and current assets that
					 can be quickly turned into cash.
Rangeland
- land on which the natural
					 potential (climax) plant cover is principally native grasses, forbs and shrubs
					 valuable for forage. This land includes natural grasslands and savannahs, such
					 as prairies, and juniper savannahs, such as brushlands. Except for brush
					 control, management is primarily achieved by regulating the intensity of
					 grazing and season of use.
Recharge Capacity
- the ability of the
					 soils and underlying minerals to allow precipitation and runoff to infiltrate
					 and reach the zone of saturation.
Reclamation
- those actions taken to
					 restore mined land as required by these regulations to a post-mining land use
					 approved by the commissioner.
Recurrence Interval
- the interval of time
					 in which a precipitation event is expected to occur once, on the average. For
					 example, a 10-year, 24-hour precipitation event would be that 24-hour
					 precipitation event expected to occur on the average once in 10 years.
Reference Area
- a land unit maintained
					 under appropriate management for the purpose of measuring vegetation ground
					 cover, productivity and plant species diversity that are produced naturally by
					 crop production methods approved by the office. Reference areas must be
					 representative of geology, soil, slope and vegetation in the permit
					 area.
Refuse Pile
- a surface deposit of coal
					 mine waste that does not impound water, slurry or other liquid or semiliquid
					 material.
Regional Director
- a regional director of
					 the federal office or a regional director's representative.
Renewable Resource
Lands
-
					 aquifers and areas for the recharge of aquifers and other underground waters;
					 areas for agricultural or silvicultural production of food and fiber; and
					 grazing lands.
Replacement of Water Supply
-with respect
					 to protected water supplies contaminated, diminished or interrupted by coal
					 mining operations, provision of water supply on both a temporary and permanent
					 basis equivalent to premining quantity and quality. Replacement includes
					 provision of an equivalent water delivery system and payment of operation and
					 maintenance costs in excess of customary and reasonable delivery costs for
					 premining water supplies.
a. Upon agreement by the permittee and the water supply
					 owner, the obligation to pay such operation and maintenance costs may be
					 satisfied by a one-time payment in an amount which covers the present worth of
					 the increased annual operation and maintenance costs for a period agreed to by
					 the permittee and the water supply owner.
b. If the affected water supply was not needed for the land
					 use in existence at the time of loss, contamination, or diminution, and if the
					 supply is not needed to achieve the post-mining land use, replacement
					 requirements may be satisfied by demonstrating that a suitable alternative
					 water source is available and could feasibly be developed. If the latter
					 approach is selected, written concurrence must be obtained from the water
					 supply owner.
Retained Earnings
- stockholder's equity
					 that has arisen from retained assets from earnings in the business. This shall
					 include only earnings from normal operations and not gains from such
					 transactions as the sale of plant assets or investments.
Return on
Investment
- the
					 relation of net profit for the last yearly period to ending net worth.
Road
- a surface right-of-way for purposes
					 of travel by land vehicles used in surface coal mining and reclamation
					 operations, coal exploration, or development operations. A road consists of the
					 entire area within the right-of-way, including the roadbed, shoulders, parking
					 and side areas, approaches, structures, ditches and surface. The term includes
					 access and haulroads constructed, used, reconstructed, improved or maintained
					 for use in surface coal mining and reclamation operations, coal exploration, or
					 development operations, including use by coal hauling vehicles to and from
					 transfer, processing or storage areas. The term does not include ramps and
					 routes of travel within the immediate mining area or within spoil or coal mine
					 waste disposal areas.
Safety Factor
- the ratio of the available
					 shear strength to the developed shear stress, or the ratio of the sum of the
					 resisting forces to the sum of the loading or driving forces, as determined by
					 accepted engineering practices.
Secretary
- the Secretary of the Louisiana
					 Department of Natural Resources.
Secretary of
Interior
-
					 the Secretary of the United States Department of the Interior.
Sedimentation Pond
- an impoundment used to
					 remove solids from water in order to meet water quality standards or effluent
					 limitations before the water leaves the permit area.
Self-Bond
- an indemnity agreement in a sum
					 certain payable to the commissioner executed by the permittee and each
					 individual and business organization capable of influencing or controlling the
					 investment or financial practices of the permittee by virtue of his authority
					 as an officer or ownership of all or a significant part of the
					 permittee.
Significant Forest
Cover
-
					 an existing plant community consisting predominantly of trees and other woody
					 vegetation.
Significant, Imminent Environmental Harm to Land,
					 Air or Water Resources
-
a. an adverse impact on land, air or water resources which
					 include plant and animal life;
b. a condition, practice or violation which is causing harm
					 or may reasonably be expected to cause harm before the end of the reasonable
					 abatement time that would be set under §921. A(3) of the Act; or
c. a harm which is appreciable and not immediately
					 repairable.
Significant Recreational,
Timber,
					 Economic or
Other Values Incompatible
with
					 Surface Coal
Mining Operations
- those values to be
					 evaluated for their significance which could be damaged and are not capable of
					 existing together with surface coal mining operations because of the
					 undesirable effects mining would have on those values, either on the area
					 included in the permit application or on other affected areas. Those values to
					 be evaluated for their importance include:
a. recreation, including hiking, boating, camping, skiing
					 or other related outdoor activities;
b. timber management and silviculture;
c. agriculture, aquaculture or production of other natural,
					 processed or manufactured products which enter commerce; and
d. scenic, historic, archeologic, esthetic, fish, wildlife,
					 plants or cultural interests.
Siltation Structure
- a sedimentation pond,
					 a series of sedimentation ponds or other treatment facility.
Slope
- the average inclination of a
					 surface, measured from the horizontal, generally expressed as the ratio of a
					 unit of vertical distance to a given number of units of horizontal distance
					 (e.g., 1v:5h). It may also by expressed as a percent or in degrees.
Soil Horizons
- contrasting layers of soil
					 parallel or nearly parallel to the land surface. Soil horizons are
					 differentiated on the basis of field characteristics and laboratory data. The
					 three major soil horizons are:
a.
A Horizon
- the uppermost mineral layer,
					 often called the surface soil. It is the part of the soil in which organic
					 matter is most abundant and leaching of soluble or suspended particles is
					 typically the greatest.
b.
B Horizon
- the layer that typically is
					 immediately beneath the A horizon and often called the subsoil. This middle
					 layer commonly contains more clay, iron or aluminum than the A or C
					 horizon.
c.
C Horizon
- the deepest layer of the
					 soil profile. It consists of loose material or weathered rock that is
					 relatively unaffected by biologic activity.
Soil Survey
- a field and other
					 investigation, resulting in a map showing the different kinds of soils and an
					 accompanying report that describes, classifies and interprets such soils for
					 use. Soil surveys must meet the standards of the National Cooperative Soil
					 Survey as incorporated by reference in §2907. A 1
Spoil
- overburden that has been removed
					 during surface coal mining operations.
Stabilize
- to control movement of soil,
					 spoil piles or areas of disturbed earth by modifying the geometry of the mass
					 or by otherwise modifying physical or chemical properties, such as by providing
					 a protective surface coating.
State Regulatory
Authority
- the Louisiana Office of Conservation.
Steep Slope
- any slope of more than 20
					 degrees or such lesser slope as may be designated by the commissioner after
					 consideration of soil, climate and other characteristics of a region.
Substantial Legal
and Financial
					 Commitments
- significant investments that have been made on the basis
					 of a long-term coal contract in power plants, railroads, coal-handling,
					 preparation, extraction or storage facilities and other capital intensive
					 activities. Costs of acquiring the coal in place or the right to mine it alone
					 without other significant investments, as described above, are not sufficient
					 to constitute substantial legal and financial commitments.
Substantially Disturb
- for purposes of
					 coal exploration, to significantly impact land or water resources by blasting;
					 by removal of vegetation, topsoil or overburden; by construction of roads or
					 other access routes; by placement of excavated earth or waste material on the
					 natural land surface or by other such activities; or to remove more than 250
					 tons of coal.
Successor in
Interest
-
					 any person who succeeds to rights granted under a permit by transfer,
					 assignment or sale of those rights.
Surety Bond
- an indemnity agreement in a
					 sum certain payable to the commissioner executed by the permittee which is
					 supported by the performance guarantee of a corporation licensed to do business
					 as a surety in this state.
Surface Coal
Mining and
					 Reclamation
Operations
- surface coal mining
					 operations and all activities necessary or incidental to the reclamation of
					 such operations. This term includes the term surface coal mining
					 operations.
Surface Coal Mining Operations
-
a. activities conducted on the surface of lands in
					 connection with a surface coal mine, the products of which enter commerce or
					 the operations of which directly or indirectly affect commerce. Such activities
					 include excavation for the purpose of obtaining coal, including such common
					 methods as contour, strip, auger, mountaintop removal, box cut, open pit and
					 area mining; the use of explosives and blasting; in situ distillation or
					 retorting; leaching or other chemical or physical processing; and the cleaning,
					 concentrating, or other processing or preparation of coal; and the loading of
					 coal at or near the mine site; provided, however, that such activities do not
					 include the extraction of coal incidental to the extraction of other minerals,
					 where coal does not exceed 16 2/3 percent of the tonnage of minerals removed
					 for purposes of commercial use or sale, or coal exploration or development
					 subject to §912 of the Act; and provided, further, that excavation for the
					 purpose of obtaining coal includes extraction of coal from coal refuse
					 piles;
b. the areas upon which such activities occur or where such
					 activities disturb the natural land surface. Such areas shall also include any
					 adjacent land the use of which is incidental to any such activities, all lands
					 affected by the construction of new roads or the improvement or use of existing
					 roads to gain access to the site of such activities and for haulage and
					 excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse
					 banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings,
					 holes or depressions, repair areas, storage areas, processing areas, shipping
					 areas, and other areas upon which are sited structures, facilities, or other
					 property or material on the surface, resulting from or incidental to such
					 activities.
Surface Mining
Activities
- those surface coal mining and reclamation
					 operations incident to the extraction of coal from the earth by removing the
					 materials over a coal seam before recovering the coal, by auger coal mining or
					 by recovery of coal from a deposit that is not in its original geologic
					 location.
Suspended Solids
or
Nonfilterable
					 Residue,
Expressed as Milligrams
per
					 Liter
- organic or inorganic materials carried or held in suspension in
					 water which are retained by a standard glass fiber filter in the procedure
					 outlined by the Environmental Protection Agency's regulations for waste water
					 analyses (  40 CFR 136).
Tangible Net
Worth
- net
					 worth minus intangibles such as goodwill and rights to patents or
					 royalties.
Temporary Diversion
- a diversion of a
					 stream or overland flow which is used during coal exploration or surface mining
					 and reclamation operations and not approved by the office to remain after
					 reclamation as part of the approved post-mining land use.
Temporary Impoundment
- an impoundment used
					 during surface coal mining and reclamation operations, but not approved by the
					 office to remain as part of the approved post-mining land use.
Ton
- 2,000 pounds avoirdupois (0.90718
					 metric ton).
Topsoil
- the A soil horizon layer of the
					 three major horizons.
Toxic-Forming Materials
- earth minerals or
					 wastes which, if acted upon by air, water, weathering or micro-biological
					 processes, are likely to produce chemical or physical conditions in soils or
					 water that are detrimental to biota or uses of water.
Toxic Mine
Drainage
-
					 water that is discharged from active or abandoned mines or other areas affected
					 by coal exploration or development operations or surface coal mining and
					 reclamation operations, which contains a substance that through chemical action
					 or physical effects is likely to kill, injure or impair biota commonly present
					 in the area that might be exposed to it.
Transfer, Assignment
or
Sale of
					 Rights
- a change of a permittee.
Unwarranted Failure
to
					 Comply
- the failure of a permittee to prevent or abate the occurrence
					 of any violation of his permit or any requirement of these regulations due to
					 indifference, lack of diligence or lack of reasonable care.
Valid Existing Rights
-a set of
					 circumstances under which a person may, subject to office approval, conduct
					 surface coal mining operations on lands where §922. D of the Act and
					 §1105 of these
					 regulations would otherwise prohibit such operations. Possession of
valid existing rights
only confers an exception from the
					 prohibitions of
					 §1105 of these
					 regulations or §922. D of the Act. A person seeking to exercise
valid existing rights
must comply with all other pertinent
					 requirements of the Act and the regulatory program.
a. Property Rights Demonstration. Except as provided in
					 §105
Valid Existing Rights
.c, a person claiming
valid existing rights
must demonstrate that a legally binding
					 conveyance, lease, deed, contract, or other document vests that person, or a
					 predecessor in interest, with the right to conduct the type of surface coal
					 mining operations intended. This right must exist at the time that the land
					 came under the protection of §922. D of the Act or
					 §1105 of these
					 regulations. Applicable state law will govern interpretation of documents
					 relied upon to establish property rights, unless federal law provides
					 otherwise. If no applicable state law exists, custom and generally accepted
					 usage at the time and place that the documents came into existence will govern
					 their interpretation.
b. Except as provided in §105
Valid Existing
					 Rights
.c, a person claiming
valid existing rights
also must demonstrate compliance with one of the following standards.
i. Good Faith/All Permits Standard. All permits and other
					 authorizations required to conduct surface coal mining operations had been
					 obtained, or a good faith effort to obtain all necessary permits and
					 authorizations had been made, before the land came under the protection of
					 §922. D of the Act or
					 §1105 of these
					 regulations. At a minimum, an application must have been submitted for any
					 permit required under Subpart 3 of these regulations.
ii. Needed for and Adjacent Standard. The land is needed
					 for and immediately adjacent to a surface coal mining operation for which all
					 permits and other authorizations required to conduct surface coal mining
					 operations had been obtained, or a good faith attempt to obtain all permits and
					 authorizations had been made, before the land came under the protection of
					 §922. D of the Act or
					 §1105 of these
					 regulations. To meet this standard, a person must demonstrate that prohibiting
					 expansion of the operation onto that land would unfairly impact the viability
					 of the operation as originally planned before the land came under the
					 protection of §922. D of the Act or
					 §1105 of these
					 regulations. Except for operations in existence before August 3, 1977, or for
					 which a good faith effort to obtain all necessary permits had been made before
					 August 3, 1977, this standard does not apply to lands already under the
					 protection of §922. D of the Act or
					 §1105 of these
					 regulations when the office approved the permit for the original operation or
					 when the good faith effort to obtain all necessary permits for the original
					 operation was made. In evaluating whether a person meets this standard, the
					 office may consider factors such as:
(a). the extent to which coal supply contracts or other
					 legal and business commitments that predate the time that the land came under
					 the protection of §922. D of the Act or
					 §1105 of these
					 regulations depend upon use of that land for surface coal mining
					 operations;
(b). the extent to which plans used to obtain financing for
					 the operation before the land came under the protection of §922. D of the
					 Act or §1105 of these
					 regulations rely upon use of that land for surface coal mining
					 operations;
(c). the extent to which investments in the operation
					 before the land came under the protection of §922. D of the Act or
					 §1105 of these
					 regulations rely upon use of that land for surface coal mining operations;
					 and
(d). whether the land lies within the area identified on
					 the life-of-mine map submitted under §2535. A.3 before the land came under
					 the protection of §1105
c. Roads. A person who claims
valid existing
					 rights
to use or construct a road across the surface of lands
					 protected by
					 §1105 of these
					 regulations or §922. D of the Act must demonstrate that one or more of the
					 following circumstances exist if the road is included within the definition of
					 surface coal mining operations in §105:
i. the road existed when the land upon which it is located
					 came under the protection of
					 §1105 of these
					 regulations or §922. D of the Act, and the person has a legal right to use
					 the road for surface coal mining operations;
ii. a properly recorded right-of-way or easement for a road
					 in that location existed when the land came under the protection of
					 §1105 of these
					 regulations or §922. D of the Act, and, under the document creating the
					 right-of-way or easement and under subsequent conveyances, the person has a
					 legal right to use or construct a road across the right-of-way or easement for
					 surface coal mining operations;
iii. a valid permit for use or construction of a road in
					 that location for surface coal mining operations existed when the land came
					 under the protection of
					 §1105 of these
					 regulations or §922. D of the Act; or
iv. valid existing rights exist under §105
Valid Existing Rights
.a and b.
Valley Fill
- a fill structure consisting
					 of any material other than coal waste and organic material that is placed in a
					 valley where side slopes of the existing valley measured at the steepest point
					 are greater than 20 degrees or the average slope of the profile of the valley
					 from the toe of the fill to the top of the fill is greater than 10
					 degrees.
Violation
( when used in the context of
					 the permit application information or permit eligibility requirements of
					 §907 C of the Act and related regulations)-
a. a failure to comply with an applicable provision of a
					 federal or state law or regulation pertaining to air or water environmental
					 protection, as evidenced by a written notification from a governmental entity
					 to the responsible person; or
b. a noncompliance for which the Office of Surface Mining
					 has provided one or more of the following types of notice or the office has
					 provided equivalent notice under corresponding provisions of these
					 regulations:
i. a notice of violation under §6503;
ii. a cessation order under §6501;
iii. a final order, bill, or demand letter pertaining to a
					 delinquent civil penalty assessed under Chapters 69 or 71;
iv. a bill or demand letter pertaining to delinquent
					 reclamation fees owed under §906 of the Act; or
v. a notice of bond forfeiture under Chapter 47
					 when:
(a). one or more violations upon which the forfeiture was
					 based have not been abated or corrected; or
(b). the amount forfeited and collected is insufficient for
					 full reclamation under §4703. D 1, the office orders reimbursement for
					 additional reclamation costs, and the person has not complied with the
					 reimbursement order.
Violation Notice
- any written notification
					 from a governmental entity of a violation of the law, whether by letter,
					 memorandum, legal or administrative pleading or other written
					 communication.
Water Table
- the upper surface of a zone
					 of saturation, where the body of ground water is not confined by an overlying
					 impermeable zone.
Willful
or
Willfully
- a
					 person who authorized, ordered or carried out an act or omission that resulted
					 in either a violation or the failure to abate or correct a violation
					 acted:
a. intentionally, voluntarily, or consciously; and
b. with intentional disregard or plain indifference to
					 legal requirements.
Working Capital
- the excess of the
					 operator's current assets over its current liabilities.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.