Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation provides
				for the defining of certain essential terms used in 405 KAR Chapter 30.
Section 1. Definitions. Unless otherwise
			 specifically defined or otherwise clearly indicated by their context, terms in
			 405 KAR Chapter 30 shall have the meanings given in this administrative
			 regulation.
(1) "Acid drainage" means water
			 with a pH of less than six (6.0) and in which total acidity exceeds total
			 alkalinity, discharged from active, inactive or abandoned oil shale mines,
			 waste disposal areas, and reclamation operations or from other affected
			 areas.
(2) "Acid-forming materials"
			 means earth materials that have a pH of less than four and five-tenths (4.5) or
			 that contain sulfide minerals or other materials which, if exposed to air,
			 water, weathering, or microbiological processes, form acids that may create
			 acid drainage.
(3) "Adjacent area"
			 means land located outside the affected area or permit area, depending on the
			 context in which "adjacent area" is used, where air, surface or groundwater,
			 fish and wildlife, vegetation soils, or other resources protected by KRS
			 Chapter 350 may be adversely impacted by an oil shale operation.
(4) "Affected area" means any land or water
			 upon which surface oil shale operations are conducted or located, and the land
			 or water which is located above or within underground mine workings.
(5) "Agricultural use" means the use of any
			 tract of land for the production of animal or vegetable life. The uses include,
			 but are not limited to, the pasturing, grazing, and watering of livestock, and
			 the cropping, cultivation, and harvesting of plants.
(6) "Applicant" means any person seeking a
			 permit from the cabinet to conduct oil shale operations pursuant to KRS Chapter
			 350 and all applicable administrative regulations.
(7) "Application" means the documents and
			 other information filed with the cabinet for a permit.
(8) "Aquifer" means a zone, stratum, or group
			 of strata that can store and transmit water in sufficient quantities for a
			 specific use.
(9) "Atmospheric
			 water" means water that has traveled back to the atmosphere through evaporation
			 from surfaces and transpiration through the porous outer barriers of plants and
			 animals.
(10) "Barrel" means the
			 unit of liquid volume for the petroleum and related products equal to forty-two
			 (42) gallons (158.9 liters).
(11)
			 "Best technology currently available" means equipment, devices, systems,
			 methods, or techniques which will prevent, to the extent possible, additional
			 contributions of suspended solids to stream flow or run off outside the permit
			 area, but in no event will result in contributions of suspended solids in
			 excess of requirements set by applicable Kentucky or federal laws; and
			 minimize, to the extent possible, disturbances and adverse impact 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 cabinet, 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 applicable laws
			 and administrative regulations. The cabinet shall have the discretion to
			 determine the best technology currently available on a case-by-case basis, as
			 authorized by KRS Chapters 350 and 224 and administrative regulations
			 promulgated pursuant thereto.
(12)
			 "Borehole" means a narrow, cylindrical hole drilled into the ground, usually
			 for the purpose of geological or hydrological investigation and for placement
			 of charges for blasting operations.
(13) "Cabinet" means the Environmental and
			 Public Protection Cabinet.
(14)
			 "Casing" means a metal or plastic pipe or tube used as lining for water, oil or
			 gas wells.
(15) "Combustible
			 material" means material that is capable of burning, either by fire or through
			 oxidation, accompanied by the evolution of heat and a significant temperature
			 rise.
(16) "Compaction" means
			 increasing the density of a material by reducing the voids between the
			 particles by mechanical effort.
(17) "Complete application" means an
			 application for a permit, which contains all information required under 405 KAR
			 Chapter 30.
(18) "Corehole" means a
			 cylindrical sample of rock or other strata obtained through the use of a hollow
			 drill bit which cuts and retains a section of rock or other strata
			 penetrated.
(19) "Critical areas"
			 means areas which are considered irreplaceable resources and include national
			 parks, state parks, national forests, Kentucky fish and wildlife management
			 areas, state forests, university owned scientific and educational areas,
			 important species habitat, karst areas, wetlands, natural preserves, unique
			 geological features, Kentucky Wild Rivers, natural national landmarks,
			 ecological areas, and private conservation areas.
(20) "Cropland" means 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 land use
			 categories.
(21) "Deposit" means a
			 consolidated or unconsolidated material that has accumulated by a natural
			 process or agent.
(22) "Developed
			 water resources land" means land used for storing water for beneficial uses
			 such as stock ponds, irrigation, fire protection, flood control, recreation,
			 and water supply.
(23) "Disturbed
			 area" means an area where vegetation, topsoil, or overburden is removed or upon
			 which topsoil, spent shale, and mining or processing waste is placed during oil
			 shale operations. Those areas are classified as "disturbed" until reclamation
			 is complete and the performance bond or other assurance of performance required
			 by 405 KAR Chapter 30 is released.
(24) "Diversion" means a channel, embankment,
			 or other manmade structure constructed to divert water from one (1) area to
			 another.
(25) "Downslope" means the
			 land surface below the projected outcrop of the lowest bench elevation from
			 which oil shale is being mined.
(26) "Ecological areas" are areas which have
			 been identified to be significant reservoirs of Kentucky's natural heritage
			 including areas containing rare plant and animal species, old growth or
			 undisturbed forests, and intact wetlands.
(27) "Effluent limitations" means any
			 restrictions or prohibitions established under state law which include, but are
			 not limited to, effluent limitations, standards of performance for new sources,
			 and toxic effluent standards on quantities, rates and concentrations of
			 chemical, physical, biological and other constituents which are discharged into
			 the waters.
(28) "Embankment" means
			 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.
(29) "Ephemeral stream" means 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 or ice and which has a channel that
			 is always above the local water table.
(30) "Fish and wildlife habitat" means land
			 dedicated wholly or partially to the production, protection or management of
			 species of fish or wildlife.
(31)
			 "Flood plain" means the area in a watershed that is subject to inundation by a
			 particular size precipitation event.
(32) "Forest land" means 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.
(33) "Fragile lands"
			 means geographic areas containing significant natural, ecologic, scientific or
			 aesthetic resources that could be damaged or destroyed by oil shale operations.
			 These lands may include, but are not limited to, uncommon geologic features,
			 national natural landmark sites, valuable habitats for fish and wildlife,
			 critical habitats for endangered or threatened species of animals and plants,
			 wetlands, environmental corridors containing concentrations of ecologic and
			 aesthetic features, state-designated nature preserves and wild rivers, areas of
			 recreational value due to high environmental quality, buffer zones around areas
			 where oil shale operations are prohibited, and important, unique or highly
			 productive soils or mineral resources.
(34) "Fragipan" is a loamy, brittle,
			 subsurface horizon low in porosity and content of organic matter and low or
			 moderate in clay but high in silt or very fine sand. A fragipan appears
			 cemented and restricts roots. When dry, it is hard or very hard and has a
			 higher bulk density than the horizon or horizons above. When moist, it tends to
			 rupture suddenly under pressure rather than to deform slowly.
(35) "Fugitive dust" means that particulate
			 matter which becomes airborne due to wind erosion or mechanical
			 operations.
(36)
			 "Government-financed construction" means construction funded fifty (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 equivalent, or in-kind
			 payments.
(37) "Grazing land" means
			 grassland and forest lands where the indigenous vegetation is actively managed
			 for grazing, browsing, or occasional hay production. Land used for facilities
			 in support of grazing operations which are adjacent to or an integral part of
			 these operations is also included.
(38) "Groundwater" means subsurface water
			 that fills available openings in rock or soil materials to the extent that they
			 are considered water saturated.
(39) "Head-of-hollow fill" means a fill
			 structure consisting of any material, other than organic material, placed in
			 the uppermost reaches of a hollow near the approximate elevation of the
			 ridgeline, where there is no significant natural drainage area above the fill,
			 and where the side slopes of the existing hollow measured at the steepest point
			 are greater than twenty (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 ten (10)
			 degrees.
(40) "Highwall" means the
			 face of exposed overburden and/or oil shale in an open cut of a surface oil
			 shale mining operation.
(41)
			 "Historic lands" means historic or cultural districts, places, structures or
			 objects, including but not limited to sites listed on a state or national
			 register of historic places, national historic landmarks, archaeological and
			 paleontological sites, cultural or religious districts, places, or
			 objects.
(42) "Hydrologic balance"
			 means 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
			 relationship between precipitation, run-off, evaporation, and changes in ground
			 and surface water storage.
(43)
			 "Imminent danger to the health and safety of the public" means the existence of
			 any condition or practice, or any violation of a permit or other requirements
			 of KRS Chapter 350 and applicable administrative regulations in an oil shale
			 operation, which could reasonably be expected to cause substantial physical
			 harm to persons outside the permit area before the 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 condition
			 or practice giving rise to the peril, would avoid exposure to the danger during
			 the time necessary for abatement.
(44) "Impermeable" means materials which
			 exhibit a coefficient of permeability (K) value less than 10-6
			 cm/sec.
(45) "Impoundment" means a
			 closed basin, naturally formed or artificially built, which is dammed or
			 excavated for the retention of water, sediment, or waste.
(46) "Industrial/commercial lands" means
			 lands used for:
(a) Extraction or
			 transformation of materials for fabrication of products, wholesaling of
			 products or for long-term storage of products; and 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 railroads, roads, and other transportation
			 facilities.
(b) 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.
(47) "In situ processes" means activities
			 conducted on the surface or underground in connection with in-place
			 distillation, retorting, leaching, or other chemical or physical processing of
			 oil shale. The term includes, but is not limited to, in situ gasification, in
			 situ leaching, solution mining, borehole mining, and fluid recovery
			 mining.
(48) "Intermittent stream"
			 means:
(a) A stream or reach of stream that
			 drains a watershed of one (1) square mile or more but does not flow
			 continuously during the calendar year, or;
(b) 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 both surface run-off and groundwater discharge.
(49) "Land use" means specific uses or
			 management-related activities rather than the vegetation or cover of the land,
			 and may be identified in combination when joint or seasonal uses
			 occur.
(50) "Leaching" means the
			 removal of soluble constituents from a solid substance by the action of a
			 percolating liquid.
(51) "Leachate"
			 means the liquid that has passed through or emerged from any solid and contains
			 soluble, suspended or miscible materials removed from such solids.
(52) "Logging" means the measurement of
			 physical properties of the strata penetrated by a borehole; accomplished by
			 lowering instruments down the hole and recording measurements at the
			 surface.
(53) "Monitoring" means
			 the collection of environmental, scientific, or engineering data by either
			 continuous or periodic sampling methods.
(54) "Mulch" means vegetation residues or
			 other suitable materials that aid in soil stabilization and soil moisture
			 conservation, thus providing microclimatic conditions suitable for germination
			 and growth.
(55) "Natural hazard
			 lands" means geographic areas in which natural conditions exist that pose or,
			 as a result of oil shale operations, may pose a threat to the health, safety,
			 or welfare of people, property or the environment, including but not limited
			 to, areas subject to landslides, cave-ins, subsidence, substantial erosion,
			 unstable geology, or frequent flooding.
(56) "Noxious plants" means species
			 classified under
			 KRS
			 250.010 as noxious plants.
(57) "Occupied dwelling" means any building
			 that is being used on a regular or temporary basis for human habitation at the
			 time of application for permit.
(58) "Oil shale" is a laminated, sedimentary
			 rock which contains refractory, insoluble organic material (kerogen) that can
			 be treated by pyrolysis to yield liquid fuels.
(59) "Oil shale exploration" means the field
			 gathering of surface or subsurface geologic, physical, or chemical data by
			 mapping, trenching, drilling, geophysical, or other techniques necessary to
			 determine the quality, quantity, and composition of overburden and oil shale of
			 an area.
(60) "Operations" means
			 oil shale extraction experimentation, exploration, processing, waste disposal
			 and reclamation activities, all of the premises, facilities, roads and
			 equipment used in the mining and processing of oil shale from a designated
			 area, or removing overburden for the purpose of determining the location,
			 quality or quantity of a natural oil shale deposit or the activity to
			 facilitate or accomplish the extraction or removal of oil shale.
(61) "Operator" means any person,
			 partnership, or corporation engaged in oil shale extraction, exploration,
			 processing, waste disposal, reclamation or related operations which includes
			 but is not limited to those who remove or intend to remove oil shale or shale
			 oil from the earth, or who remove overburden for the purpose of determining the
			 location, quality or quantity of a natural oil shale deposit, or those who
			 engage in oil shale processing. Government-financed construction activities in
			 which oil shale is incidentally extracted are excluded from this
			 definition.
(62) "Outslope" means
			 the face of the spoil, waste, or embankment sloping downward from the highest
			 elevation to the toe.
(63)
			 "Overburden" means material of any nature, consolidated or unconsolidated, that
			 overlies an oil shale deposit, excluding topsoil and vegetation.
(64) "Pastureland/hayland" means 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.
(65) "Perennial stream"
			 means a stream or that part of a stream that flows continuously during all of
			 the calendar year as a result of groundwater discharge or surface run-off. The
			 term does not include intermittent stream or ephemeral stream.
(66) "Permanent diversion" means a diversion
			 remaining after oil shale mining, processing, waste disposal, reclamation or
			 related operations are completed which has been approved for retention by the
			 cabinet and other appropriate Kentucky and federal agencies.
(67) "Permit" means written approval issued
			 by the cabinet to conduct oil shale operations.
(68) "Permit area" means the area of land and
			 water within boundaries designated in the approved permit application, which
			 shall include, at a minimum, all areas which are or will be affected by any oil
			 shale operations under a particular permit.
(69) "Permittee" means any person,
			 partnership, or corporation engaged in oil shale extraction, exploration,
			 processing, waste disposal, reclamation or related operations which includes,
			 but is not limited to, those who remove or intend to remove oil shale or shale
			 oil from the earth, or who remove overburden for the purpose of determining the
			 location, quality or quantity of a natural oil shale deposit or those who
			 engage in oil shale processing. In all cases a permittee shall be considered an
			 operator.
(70) "Person" means an
			 individual, partnership, association, society, joint venture, joint stock
			 company, firm, company, government agency, utility, corporation, or other
			 business organization.
(71) "pH"
			 means the negative logarithm (base 10) of the hydrogen ion concentration of a
			 solution and is a measure of the acidity or alkalinity of a solution.
(72) "Precipitation event" means a quantity
			 of water resulting from drizzle, rain, snow, sleet, or hail in a specified
			 period of time.
(73) "Processing"
			 means the crushing, preparation, distillation, refining, upgrading, retorting,
			 or any other operation used in the extraction of shale oil or other products
			 from oil shale.
(74) "Property to
			 be mined" means both the surface and mineral estates on and underneath lands
			 which are within the permit area.
(75) "Public office" means 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.
(76) "Public park" means an area dedicated or
			 designated by any federal, state, or local agency for public recreational use,
			 despite whether such use is limited to certain times or days. It includes any
			 land leased, reserved or held open to the public because of that use.
(77) "Public road" means any publicly owned
			 thoroughfare for the passage of vehicles.
(78) "Recharge capacity" means the ability of
			 the soils and underlying materials to allow precipitation and run-off to
			 infiltrate and reach the zone of saturation.
(79) "Reclamation" means the reconditioning
			 and restoration of areas affected by any oil shale operation as required by KRS
			 Chapter 350, Chapter 224 and all administrative regulations promulgated
			 pursuant thereto under a plan approved by the cabinet.
(80) "Recreation land" means 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, hunting, and other undeveloped recreational
			 uses.
(81) "Recurrence interval"
			 means the interval of time in which an event is expected to occur once, on the
			 average.
(82) "Reference area"
			 means a land unit maintained under appropriate management for the purpose of
			 measuring vegetation ground cover, productivity and plant species diversity
			 that are produced naturally or by crop production methods approved by the
			 cabinet. Reference areas must be representative of geology, soil, slope, and
			 vegetation in the permit area.
(83)
			 "Renewable resource lands" means 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.
(84) "Residential land" means tracts used for
			 single and multiple-family housing, mobile home parks, and other residential
			 lodgings. Also included is land used for support facilities which is adjacent
			 to or an integral part of these operations such as vehicle parking, open space,
			 and other facilities which directly relate to the residential use of the
			 land.
(85) "Safety factor" means
			 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.
(86) "Sedimentation pond" means a primary
			 sediment control area designed, constructed and maintained in accordance with
			 405 KAR
			 30:330 and including but not limited to a barrier,
			 dam, excavation or diversion which slows down water run-off to allow suspended
			 solids to settle out. A sedimentation pond shall not include secondary
			 sedimentation control structures, such as straw dikes, riprap, check dams,
			 mulches, dugouts and other measures that reduce run-off volume or trap sediment
			 to the extent that such secondary sedimentation structures drain to a
			 sedimentation pond.
(87) "Shale
			 fines" means those shale particles which have been produced through handling,
			 crushing, transporting, and other associated processes.
(88) "Shale oil" is a volatile and
			 condensable crude-oil-like material produced upon pyrolysis or oil shale or
			 kerogen from oil shale.
(89)
			 "Significant, imminent environmental harm" is an adverse impact on land, air,
			 or water resources which include, but are not limited to, plant and animal life
			 as further defined in this subsection.
(a) An
			 environmental harm is imminent, if a condition, practice, or violation exists
			 which:
1. Is causing such harm; or
2. May reasonably be expected to cause such
			 harm at any time before the end of the reasonable abatement time that would be
			 set by the cabinet's authorized agents pursuant to the provisions of KRS
			 Chapter 350.
(b) An
			 environmental harm is significant if that harm is appreciable and not
			 immediately reparable.
(90) "Slurry" means a suspension of
			 pulverized solid in a liquid.
(91)
			 "Slope" means 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 be expressed
			 as a percent or in degrees.
(92)
			 "Soil horizons" means 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 (3) major soil horizons are:
(a) "A horizon." The uppermost soil 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 horizons.
(c) "C horizon." The deepest layer of soil
			 profile. It consists of loose material or weathered rock that is relatively
			 unaffected by biologic activity.
(93) "Soil survey" means a field and other
			 investigation resulting in a map showing the geographic distribution of
			 different kinds of soil 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.
(94) "Spent shale" means the solid waste
			 material after oil shale has been subjected to a process (chemical, mechanical,
			 or thermal) to recover the oil and gas contained in the raw material.
(95) "Spoil" means overburden that has been
			 removed during oil shale operations.
(96) "Stabilize" means to control movement of
			 soil, spoil piles, spent shale, or areas of disturbed earth by modifying the
			 geometry of the mass, or by otherwise modifying physical or chemical
			 properties, such as providing a protective surface coating.
(97) "Surber" is a method of taking
			 quantitative bottom samples of streams. The surber covers one (1) square foot
			 and is designed for use in flowing waters of shallow streams and cannot be used
			 satisfactorily in fast water over eighteen (18) inches in depth or in bottoms
			 where the substrata is composed of large rubble and boulders.
(98) "Surface water" means water, either
			 flowing or standing, on the surface of the earth.
(99) "Suspended solids," expressed as
			 milligrams per liter, means organic or inorganic materials carried or held in
			 the liquid phase in the procedure outlined by the Environmental Protection
			 Agency's administrative regulations for waste water and analyses.
(100) "Temporary diversion" means a diversion
			 of a stream or overland flow which is used during oil shale operations and not
			 approved by the cabinet to remain after reclamation as part of the approved
			 postmining land use.
(101) "Ten
			 (10) year, twenty-four (24) hour frequency event" means the maximum twenty-four
			 (24) hour precipitation event with a probable reoccurrence interval of once in
			 ten (10) years as defined by the National Weather Service and Technical Paper
			 No. 40, "Rainfall Frequency Atlas of the U.S.," May, 1961, and subsequent
			 amendments, or equivalent regional or rainfall probability information
			 developed therefrom.
(102)
			 "Topsoil" means the A horizon soil layer.
(103) "Toxic-forming materials" means earth
			 materials or wastes which, if acted upon by air, water, weathering, or
			 biological processes, are likely to produce chemical or physical conditions in
			 soils or water that are detrimental to biota or uses of water.
(104) "Toxic mine drainage" means water that
			 is discharged from active or abandoned mines or other areas affected by oil
			 shale operations, which contains a substance that through chemical or
			 microbiological action, or physical effects is likely to kill, injure, or
			 impair biota commonly present in the area that might be exposed to
			 it.
(105) "Undeveloped land" means
			 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.
(106) "Valley fill" means a fill structure
			 consisting of any material that is placed in a valley where side slopes of the
			 existing valley measured at the steepest point are greater than twenty (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 ten (10) degrees.
(107) "Waste" means:
(a) "Mining waste" means those wastes which
			 are generated during and incident to the mining and extraction of oil shale and
			 related overburden from the earth. Such wastes shall include, but not be
			 limited to, woody vegetation, spoil, lean shale, grease, lubricants, paints,
			 flammable liquids, garbage, abandoned machinery, and lumber resultant to the
			 mining operation.
(b) "Processing
			 wastes" means any solid, liquid, semisolid, slurry or sludge material
			 (excluding spent shale) produced by any physical, chemical, mechanical, or
			 thermal process which is considered of low economic value. Such wastes shall
			 include but not be limited to raw shale fines, scrubber sludges, tank bottoms,
			 filter cakes, and spent catalysts.
(c) "Spent shale" means the solid waste
			 material left after oil shale has been subjected to processing (chemical,
			 mechanical, or thermal) to remove the oil and gas contained in the raw
			 material.
(108) "Water
			 table" means the upper surface of a zone of saturation, where the body of
			 ground-water is not confined by an overlying impermeable zone.
(109) "Wetlands" are areas containing much
			 soil moisture due to the groundwater table being at or near the earth's
			 surface.