R. 425.102 - Definitions; A to L

R. 425.102. Definitions; A to L

Rule 102.

(1) As used in these rules:

(a) "Accelerated soil erosion" means the increased loss of the land surface that occurs as a result of human activities.

(b) "Act" means 1994 PA 451, MCL 324.101 et seq.

(c) "Aquifer" means a geological formation, group of formations, or part of a formation capable of yielding significant quantities of groundwater to wells or springs.

(d) "Assurance instrument" means a financial instrument executed in favor of the department on a form approved by the department, including the following:

(i) A surety bond executed by a surety company authorized to do business in the state of Michigan.

(ii) A certificate of deposit or time deposit account held by a financial institution regulated and examined by a state or federal agency, the value of which is insured by an agency of the United States government.

(iii) A cash bond.

(iv) An irrevocable letter of credit issued by a financial institution which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.

(v) A trust fund managed by a financial institution which has the authority to act as a trustee and whose trust operations are subject to federal or state oversight.

(vi) An escrow account managed by a bank or other financial institution whose account operations are regulated and examined by a federal or state agency.

(e) "Beneficiation" means the primary treatment of ore to separate or remove a metallic product or products from ore using a process including, but not limited to, any of the following:

(i) Crushing.

(ii) Grinding.

(iii) Washing.

(iv) Dissolution.

(v) Crystallization.

(vi) Filtration.

(vii) Sorting.

(viii) Sizing.

(ix) Drying.

(x) Sintering.

(xi) Pelletizing.

(xii) Briquetting.

(xiii) Calcining to remove water and/or carbon dioxide.

(xiv) Roasting, autoclaving, and/or chlorination in preparation for leaching (except where this process produces a final or intermediate product that does not undergo further beneficiation or processing).

(xv) Gravity concentration.

(xvi) Magnetic separation.

(xvii) Electrostatic separation.

(xviii) Flotation.

(xix) Ion exchange.

(xx) Ex situ solvent extraction.

(xxi) Electrowinning.

(xxii) Precipitation.

(xxiii) Amalgamation.

(xxiv) Heap, dump, vat, and tank leaching.

(f) "Contaminated" or "contamination" means having substances in concentrations that are above natural background and that are, or may be, harmful to the environment or to human health and safety as determined by the department under other applicable parts of the act.

(g) "Cultural, historical, or archaeological resource" means a structure or site that meets any of the following requirements:

(i) Is listed as a national historic landmark under the historic sites, buildings, and antiquities act, chapter 593, 49 Stat. 666, 16 U.S.C.461 to 467 as of the effective date of these rules.

(ii) Is listed on the national register of historic places pursuant to the national historic preservation act of 1966, Public Law 89-665, 16 U.S.C.470 to 470a, 470b, and 470c to 470x-6 as of the effective date of these rules.

(iii) Is listed on the state register of historic sites pursuant to 1955 PA 10, MCL 399.151 to 399.152.

(iv) Is recognized under a locally established historic district created pursuant to the local historic districts act, 1970 PA 169, MCL 399.201 to 399.215.

(h) "Cumulative impact" means the environmental impact that results from the proposed mining activities when added to other past, present, and reasonably foreseeable future activities.

(i) "Designated wellhead protection area" means a specific geographic area which is approved by the department as the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move toward and reach the water well or well field.

(j) "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area from the United States department of labor, bureau of labor statistics.

(k) "Disposal facility" means a facility or a part of a facility where overburden, waste rock, or tailings are intentionally placed into or on the land and at which the overburden, waste rock, or tailings will remain after closure.

(l) "Earth change" means a humanmade change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state.

(m) "Final reclamation" means reclamation performed after final cessation of mining with the intent not to resume mining.

(n) "Financial assurance" means an assurance instrument or statement of financial responsibility provided by an operator to ensure compliance with the act, these rules, permit conditions, instructions, or orders of the department.

(o) "Floodplain" means an area of land adjoining a river or stream that will be inundated by a flood with a magnitude that has a 1% chance of occurring or being exceeded in any given year.

(p) "Groundwater" means water below the land surface in a zone of saturation.

(q) "Hazardous substance" means that term as defined in part 201 of the act.

(r) "Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act of congress.

(s) "Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

(t) "Interim reclamation" means reclamation performed in connection with temporary cessation of mining with the intent to resume mining.

(u) "Life of the mine" means the period from issuance of a mining permit through the completion of reclamation.

(2) A term defined in the act has the same meaning when used in these rules.

(2006 AACS)

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