Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-9-.02 - DefinitionsThe following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings:
(a) "advance prospecting" shall mean the removal of overburden for the purpose of determining the location, quality or quantity of a natural deposit in an area not to exceed two acres per forty acre tract.(b) "discharge" shall mean any addition of any pollution to any stream.(c) "non-point source pollution" shall mean sources, other than point sources, from which pollution is or may be added to any stream.(d) "NPDES Rules" shall mean applicable National Pollutant Discharge Elimination System Rules of the Department.(e) "overburden" shall mean the strata or material overlying a natural deposit of coal, lignite, bauxite, gravel, gold, marble, or any other mineral in its natural state, and shall mean such strata or material both before and after its removal by surface mining.(f) "pit" shall mean any tract of land from which overburden has been or is being removed for the purpose of surface mining.(g) "point source pollution" shall mean any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit or well from which pollution is or may be added to any stream.(h) "sedimentation basin, settling pond or collection pool" shall mean any natural or artificial structure, depression or body of water into which waters used in any phase of the mineral washing process are discharged for treatment, to include solids removal, pH adjustment or other necessary operations.(i) "stream" shall mean any body of water having a drainage area in excess of one square mile.(j) "surface mining" shall mean all or any part of the process of recovering coal, lignite, iron, clay, sand, bauxite, gravel, ores, gold, marble or any other material or mineral by removal of such mineral from the surface or by removal or displacement of the strata or material which overlies such mineral deposits in its natural condition, and shall include but not be limited to the open-pit or open-cut method, the auger method and the highwall mining method. As used in this Chapter, "surface mining" shall not be interpreted to include dredging operations or advance prospecting.(k) "surface mining operation" shall mean all of the premises, facilities, roads and equipment used for the process of surface mining in a designated area.(l) "surface mining operator" shall mean any person, firm, corporation or partnership engaged in or controlling a surface mining operation including any agent or independent contractor engaged in surface mining under a contract with such person, firm, corporation or partnership. Author: Joe Myers
Ala. Admin. Code r. 335-6-9-.02
Effective: June 10, 1974. Amended: January 10, 1981; October 10, 1984.Statutory Authority:Code of Ala. 1975, § § 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.