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Page 4 <br />Construction Materials Rule 1 <br />1 t 3 (14) "Exploration 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) "Facili "means the combined "activities" occurring on the <br />affected land.. <br />121(2) (17) "Failure or fimninent Failure" means, for the purpose of <br />emergency notification response, the actual or .pending release' of an <br />unauthorized or unperirtitted 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 />j18) "Financial Warrantor(s)" means a person who provides a <br />Finahcial Warranty to the Board.. <br />1 t 7(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 Board <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 aze 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 hazdened 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 />partnership, association, corporation, or any departinen[, division, or agency of <br />federal, state, county, or municipal government which owns or controls the <br />surface rights to" any, land azea under consideration for the extraction or <br />exploration for construction materials. These surface rights aze sepazate from <br />mineral rights which may or may not be owned and controlled by the same <br />entity. <br />