This text of Iowa § 207.2 (Definitions) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
As used in this chapter, unless context otherwise requires:
1.“Administrator” means the administrator of the division or a designee.
2.“Division” means the division of soil conservation and water quality created within the
department of agriculture and land stewardship pursuant to section 159.5.
3.“Fund” means the abandoned mine reclamation fund established pursuant to this
chapter.
4.“Imminent danger to the health and safety of the public” means the existence of a
condition or practice, or a violation of a permit or other requirement of this chapter in a coal
mining and reclamation operation, which could reasonably be expected to cause substantial
physical harm to persons outside the permit area before it can be abated. A reasonable
expectation of death or serious injury before abatem
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As used in this chapter, unless context otherwise requires:
1. “Administrator” means the administrator of the division or a designee.
2. “Division” means the division of soil conservation and water quality created within the
department of agriculture and land stewardship pursuant to section 159.5.
3. “Fund” means the abandoned mine reclamation fund established pursuant to this
chapter.
4. “Imminent danger to the health and safety of the public” means the existence of a
condition or practice, or a violation of a permit or other requirement of this chapter in a coal
mining and reclamation operation, which could reasonably be expected to cause substantial
physical harm to persons outside the permit area before it can be abated. A reasonable
expectation of death or serious injury before abatement exists if a rational person, subjected
to the same conditions or practices giving rise to the peril, would not expose the person’s
self to the danger during the time necessary for abatement.
5. “Mine” means an underground mine operation or surface mine operation developed
and operated for the purpose of extracting coal.
6. “Operator” means a person engaged in coal mining who removes or intends to remove
more than fifty tons of coal from the earth by coal mining within twelve consecutive calendar
months in one location.
7. “Permit” means a permit to conduct surface coal mining and reclamation operations
issued by the division.
8. “Permit area” means the area of land indicated on the approved map submitted with
the operator’s application.
9. “Prime farmland” means the same as prescribed by the United States department of
agriculture pursuant to 7 C.F.R. §657.5(a).
10. “Secretary” means the United States secretary of the interior or a designee.
11. “State program” means the procedures for regulating coal mining and reclamation
operations established by this chapter.
12. “Surface coal mining and reclamation operations” means surface coal mining
operations and all activities necessary and incident to the reclamation of such operations
after the effective date of this chapter.
13. “Surface coal mining operations” means both:
a. Activities conducted on the surface of lands in connection with a surface coal mine or
surface operations and surface impacts incident to an underground coal mine subject to the
requirements of this chapter. However, these activities do not include the extraction of coal
incidental to the extraction of other minerals if coal does not exceed sixteen and two-thirds
percent of the tonnage of minerals removed for purposes of commercial use or sale or include
coal explorations subject to this chapter.
b. The areas upon which such activities occur or where such activities disturb the natural
land surface.
14. “Unwarranted failure to comply” means the failure of an operator to prevent the
occurrence of or abate a violation of a permit or a requirement of this chapter due to
indifference, lack of diligence, or lack of reasonable care.