Effective 28 Aug 1993

444.352. Definitions. — As used in sections 444.352 to 444.380, the following words and terms shall mean:

(1) "Beneficiation", the process of concentrating minerals from ore;

(2) "Closure", those actions taken pursuant to a comprehensive plan to contain metallic mineral wastes on site, ensure the integrity of waste management structures and achieve the designated final uses of the metallic minerals waste management area;

(3) "Conference, conciliation and persuasion", a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

(4) "Director", the director of the department of natural resources;

(5) "Disposal", the placing of metallic mineral wastes on or under the ground;

(6) "Facility", an integrated metallic mineral mine or mill complex or primary metal smelter or refinery complex;

(7) "Inspection-maintenance", those actions taken after closure to maintain the waste management area in accordance with a closure plan;

(8) "Metallic mineral waste", mine waste rock, mine water, tailings, chat, blast furnace slag from primary lead smelters and pot liners from primary aluminum smelters, which is disposed of and not put to beneficial use;

(9) "Metallic minerals", minerals or mineral ores containing lead, iron, zinc, copper, gold and silver;

(10) "Metallic minerals waste management areas" or "waste management areas", those areas designated and used for the disposal of metallic mineral wastes from metallic minerals mining, beneficiation and processing;

(11) "Mining", any activity conducted on or under the surface of the earth for the extraction of metallic minerals or mineral ores from the earth;

(12) "Minor violation", a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;

(13) "Operator", any person, firm, or corporation engaged in and controlling a facility;

(14) "Person", any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department or bureau of the state or federal government, or any other legal entity whatever, which is recognized by law as the subject of rights and duties.

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(L. 1989 H.B. 321 § 2, A.L. 1993 S.B. 80, et al.)