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Page 38 <br />Section 1.04 <br />(b) For haul roads, "valid existing rights" means: <br />(i) A recorded right of way, recorded easement or a permit for <br />a coal haul road recorded as of August 3, 1977, or <br />(ii) Any other road in existence as of August 3, 1977. <br />(150) "Violation notice" means any written notification from a governmental <br />entity of a violation of law, whether by letter, memorandum, legal or <br />administrative pleading, or other written communication. <br />(151) "Water table" means the upper surface of a zone of saturation, where <br />the body of ground water is not confined by an overlying impermeable <br />zone. <br />(152) "Willful violation" means an act or omission which violates the Act, <br />these Rules, P. L. 95 -87, or 30 CFR Chapter VII, or any permit <br />condition committed by a person who intends the result which actually <br />occurs. <br />(153) " " means that, with respect to individual civil penalties, that an <br />individual acted: <br />(a) Either intentionally, voluntarily or consciously; and <br />(b) With intentional disregard or plain indifference to legal require- <br />ments in authorizing, ordering or carrying out a corporate <br />permittee's action or omission that constituted a violation, failure <br />or refusal to comply with any regulatory requirements or order of <br />the Board. <br />1.05 APPLICABILITY <br />129 1.05.1 General. <br />(1) These Rules shall apply to all coal exploration and surface coal mining <br />and reclamation operations, except: <br />(a) The extraction of coal by a landowner for his or her own <br />non - commercial use from land owned or leased by him or her. <br />Non - commercial use does not include the extraction of coal by one <br />unit of an integrated company or other business or non - profit <br />