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<br />RULE 1: GENERAL PROVISIONS <br />Page 1 <br />103(1) <br />103(2) <br />M~ti~rZA.~. 1~JLES ~ 12.EGS. ~cVISE.J> rJoV. ~9 f3$ <br />1.1 Definitions <br />(1) "Acid and toxic producing materials" means natural <br />or reworked eart materia s aving c emica an physical <br />characteristics that, under mining or postmining conditions of <br />drainage, exposure, or other processes, produce materials which <br />contain detrimental amounts of chemical constituents such as <br />acids, bases, or meta111c compounds. <br />(2) "Affected land" means the surface of an area within <br />the state where a mining operation is being or will be <br />conducted, which surface is disturbed as a result of such <br />operation. The affected land shall include, but shall not be <br />limited to, private ways, roads, except those roads excluded <br />specifical]y by this definition, and railroad lines appurtenant <br />to any such area; land excavations; prospecting sites; drill <br />sites or workings; refuse banks of spoil piles; evaporation or <br />settling ponds; leaching dumps; placer areas; tailing ponds or <br />dumps; work, parking, storage, or waste discharge areas; and <br />areas in which structures, facilities, equipment, machines, <br />tools, or other materials or property which result from or are <br />used in such operations are situated. All lands shall be <br />excluded that would be otherwise included as land affected but <br />which have been reclaimed in accordance with an approved plan or <br />otherwise, as may be approved by the Board. Affected land shall <br />not include off-site roads which (a) existed prior to the date <br />on which notice was given or permit application was made to the <br />Division, (b) were constructed for purposes unrelated to the <br />proposed mining operation, and (c) will not be substantially <br />upgraded to support the mining operation. <br />(3) "Board" means the Mined Land Reclamation Board. <br />(4) "Calendar year" means January 1st through December <br />31st. <br />103(3) (5) "Department" means the Department of Natural <br />Resources or such ed-partment, commission, or agency as may <br />lawfully succeed to the powers and duties of such department. <br />