La. Admin. Code tit. 43 § XV-8107

Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-8107 - Abandoned Mine Reclamation Regulations Definitions

A. Definitions as used in Chapters 81-97

Abandoned Mine- a mining operation where coal is no longer being produced and where the operator has no intention of continuing production from the mine.

Act-Title 30, Chapter 9, Louisiana Revised Statutes of 1950, Sections 905. 1-905.5, known as Regulation of Coal Mining and Reclamation Operations.

Director-the director of the Office of Surface Mining Reclamation and Enforcement.

Division-the Injection and Mining Division of the Office of Conservation.

Eligible Lands and Water-lands and water eligible for reclamation or drainage abatement expenditures and are those which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an adequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under state or other federal laws.

Emergency-a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety or general welfare of people before the danger can be abated under normal program operation procedures.

Expended-monies have been obligated, encumbered or committed by contract by the division for work to be accomplished or services to be rendered.

Extreme Danger-a condition that could reasonably be expected to cause substantial physical harm to persons, property or the environment and to which persons or improvements on real property are currently exposed.

Left or Abandoned in Either an Unreclaimed or Inadequately Reclaimed Condition-lands and water:

a. which were mined or which were affected by such mining, wastebanks, processing or other mining processes prior to August 3, 1977, and all mining has ceased;

b. which continue, in their present condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health and safety of the public; and

c. for which there is no continuing reclamation responsibility under state or federal laws.

Non-Coal Reclamation-the process of restoring an abandoned mine, that was not mined for coal, back to its original contour or some other useful contour.

Office of Conservation, or Office-the Office of Conservation of the Louisiana Department of Natural Resources.

OSM-the Office of Surface Mining of the United States Department of the Interior.

Owner-the owner of real property who is shown to be the owner of record on the plats located in the parish courthouse of the parish in which the real property is located.

Permanent Facility-any structure that is built, installed or established to serve a particular purpose or any manipulation or modification of the surface that is designed to remain after the reclamation activity is completed, such as a relocated stream channel or diversion ditch.

Plan or State Abandoned Mine Reclamation Plan-a plan submitted by the state to OSM for the reclamation of land and water adversely affected by past coal or non-coal mining activities.

Program or State Abandoned Mine Reclamation Program-a program established by the state for the reclamation of land and water adversely affected by past coal or non-coal mining, operated under the provisions of the State Abandoned Mine Reclamation Plan including annual application for grants under the state plan.

Project-a delineated area containing one or more abandoned mine land problems. A project may be a group of related reclamation activities with a common objective within a political subdivision of a state or within a logical, geographically defined area, such as a watershed or conservation district.

Reclamation Activity-the restoration, reclamation, abatement, control, or prevention of adverse effects of past mining.

Reclamation Fund-a special fund established by the Surface Mining Control and Reclamation Act ( Public Law 95-87) to reclaim land mined for coal before August 3,1977.

La. Admin. Code tit. 43, § XV-8107

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:26 (January 1986).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:905.1-905.5.