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<br />Page 4 <br />Construction Materials Rule 1 <br />t t3 (14) "Exnloration Notice" shall mean that notice required by the Act <br />to engage in the exploration for construction materials. <br />(15) "Extraction" means the removal of construction materials <br />and/or overburden from places of natural occurrence to surface locations. <br />(16) "Facilit "means the combined "activities" occurring on the <br />affected land. <br />t2t(2) (17) "Failure or Imminent Failure" means, for the purpose of <br />emergency notification response, the actual or pending release of an <br />unauthorized or unpermitted material or liquid from any impoundment, <br />embankment, or from any other containment facility or system where such <br />release poses a reasonable potential for danger to human health, property or the <br />environment. <br />(18) "Financial Warrantor(sl" means a person who provides a <br />Financial Warranty to the Boazd. <br />t 17(3)(a) (19) "Financial Warranty" shall mean a written promise to the Board <br />to be responsible for reclamation costs up to the amount specified by the Boazd <br />or Office or required by the Act. <br />(20) "Inert Material" means non-water-soluble and non-putrescible <br />solids together with such minor amounts and types of other materials, unless <br />such materials are acid or toxic producing, as will not significantly affect the <br />inert nature of such solids. The term includes, but is not limited to, earth, sand, <br />gravel, rock, concrete which has been in a hardened state for at least sixty days, <br />masonry, asphalt paving fragments, and other inert solids. ~ <br />(21) "Landowner" means any individual person or persons, firm, <br />partners) p, association, corporation, or any department, division, or agency of <br />federal, state, county, or municipal government which owns or controls [he <br />surface rights to any land area under consideration for the extraction or <br />exploration for construction materials. These surface rights are sepazate from <br />mineral rights which may or may not be owned and controlled by the same <br />entity. <br />