Terms Used In New York Laws > Environmental Conservation > Article 23 > Title 27 - New York State Mined Land Reclamation Law

• Abandoned: means the cessation of mining and reclamation activities on land affected by mining without prior notification to the department of such cessation of activities or without describing such cessation in a mined land-use plan approved by the department, and after opportunity to be heard. See N.Y. Environmental Conservation Law 23-2705
• 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.
• Applicant: means that person making application to the department for a mining permit. See N.Y. Environmental Conservation Law 23-2705
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Commissioner: means the commissioner of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
• Contract: A legal written agreement that becomes binding when signed.
• 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 conservation. See N.Y. Environmental Conservation Law 23-0101
• Donor: The person who makes a gift.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Field: means the general area underlaid by one or more pools. See N.Y. Environmental Conservation Law 23-0101
• Grantor: The person who establishes a trust and places property into it.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• land affected by mining: means the sum of that surface area of land or land under water which: (i) has been disturbed by mining since April first, nineteen hundred seventy-five and not been reclaimed, and (ii) is to be disturbed by mining during the term of the permit to mine. See N.Y. Environmental Conservation Law 23-2705
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mine: means any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine review by the department. See N.Y. Environmental Conservation Law 23-2705
• Mined land-use plan: means a document, consisting of a mining plan and a reclamation plan, which describes proposals for conduct of the applicant's mining operation and reclamation of the land to be mined to achieve the purposes of this title. See N.Y. Environmental Conservation Law 23-2705
• Mineral: means any naturally formed, usually inorganic, solid material located on or below the surface of the earth. See N.Y. Environmental Conservation Law 23-2705
• Mining: means the extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. See N.Y. Environmental Conservation Law 23-2705
• Mining plan: means a description of the applicant's mining operation which shall include maps, plans, written materials and other documents as required by the department. See N.Y. Environmental Conservation Law 23-2705
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Overburden: means all of the earth, vegetation and other materials which lie above or alongside a mineral deposit. See N.Y. Environmental Conservation Law 23-2705
• 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.
• Permittee: means any person who holds a valid mining permit from the department for the boundaries of the land identified in the mined land-use plan. See N.Y. Environmental Conservation Law 23-2705
• Person: means any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever. See N.Y. Environmental Conservation Law 23-2705
• Person engaged in mining: means a person who is subject to this title but who is mining without a mining permit issued by the department. See N.Y. Environmental Conservation Law 23-2705
• Reclamation: means the conditioning of the affected land to make it suitable for any uses or purposes consistent with the provisions of this title. See N.Y. Environmental Conservation Law 23-2705
• Reclamation plan: means a description of operations to be performed by the applicant to reclaim the land to be mined over the life of the mine. See N.Y. Environmental Conservation Law 23-2705
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Spoil: means any waste material removed from its natural place in the process of mining and all waste material directly connected with the cleaning and preparation of any minerals. See N.Y. Environmental Conservation Law 23-2705
• Statute: A law passed by a legislature.
• Tailings: means material of inferior quality or value resulting from the removal, preparation or processing of minerals. See N.Y. Environmental Conservation Law 23-2705
• Waste: means
  
  a. See N.Y. Environmental Conservation Law 23-0101