Terms Used In Iowa Code > Chapter 208 - Mines

• Administrator: means the administrator of the division or a designee. See Iowa Code 208.2
• Affected land: means the area of land from which overburden has been removed or upon which overburden has been deposited or land which has otherwise been disturbed, changed, influenced, or altered in any way in the course of mining, including processing and stockpile areas but not including roads. See Iowa Code 208.2
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• City: means a municipal corporation, but not including a county, township, school district, or any special-purpose district or authority. See Iowa Code 172D.1
• Committee: means the state soil conservation and water quality committee established in section 161A. See Iowa Code 208.2
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Division: means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuant to section 159. See Iowa Code 208.2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• mine site: means a site where mining is being conducted or has been conducted in the past. See Iowa Code 208.2
• Mineral: means gypsum, clay, stone, sand, gravel, or other ores or mineral solids, except coal. See Iowa Code 208.2
• Mining: means the excavation of gypsum, clay, stone, sand, gravel, or other ores or mineral solids, except coal, for sale or for processing or consumption in the regular operation of a business and shall include surface mining and underground mining. See Iowa Code 208.2
• Mining operation: means activities conducted by an operator on a mine site relative to the excavation of minerals and shall include disturbing overburden, excavation, and processing of minerals, stockpiling and removal of minerals from a site, and all reclamation activities conducted on a mine site. See Iowa Code 208.2
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Operator: means any person, firm, partnership, corporation, or political subdivision engaged in and controlling a mining operation. See Iowa Code 208.2
• Overburden: means all of the earth and other materials which lie above natural mineral deposits and includes all earth and other materials disturbed from their natural state in the process of mining. See Iowa Code 208.2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
• Political subdivision: means any county, district, city, or other public agency within the state of Iowa. See Iowa Code 208.2
• property: includes personal and real property. See Iowa Code 4.1
• Reclamation: means the process of restoring disturbed lands to the premined uses of the lands or other productive uses. See Iowa Code 208.2
• Rule: includes "regulation". See Iowa Code 4.1
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• Surface mining: means mining by removing the overburden lying above the natural deposits and excavating directly from the natural deposits exposed, or by excavating directly from deposits lying exposed in their natural state and shall include dredge operations conducted in or on natural waterways or artificially created waterways within the state. See Iowa Code 208.2
• Underground mining: means mining by digging or constructing access tunnels, adits, ramps, or shafts and excavating directly from the natural mineral deposits exposed. See Iowa Code 208.2
• year: means twelve consecutive months. See Iowa Code 4.1