Article 2 - Definitions

California Public Resources Code — §§ 2725-2736

Sections (14)

Added by Stats. 1975, Ch. 1131.

Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.

Added by Stats. 1975, Ch. 1131.

“Area of regional significance” means an area designated by the board pursuant to Section 2790 which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local significance.

Added by Stats. 1975, Ch. 1131.

“Area of statewide significance” means an area designated by the board pursuant to Section 2790 which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

Amended by Stats. 2011, Ch. 491, Sec. 1. (SB 108) Effective January 1, 2012.

“Idle” means that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90 percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved.

Amended by Stats. 2006, Ch. 869, Sec. 18. Effective January 1, 2007.

“Lead agency” means the city, county, San Francisco Bay Conservation and Development Commission, or the board which has the principal responsibility for approving a reclamation plan pursuant to this chapter.

Added by Stats. 1975, Ch. 1131.

“Mined lands” includes the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

Added by Stats. 1975, Ch. 1131.

“Mining waste” includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

Added by Stats. 1975, Ch. 1131.

“Operator” means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

Added by Stats. 1975, Ch. 1131.

“Overburden” means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.

Added by Stats. 1975, Ch. 1131.

“Permit” means any authorization from, or approval by, a lead agency, the absence of which would preclude surface mining operations.

Amended by Stats. 2016, Ch. 7, Sec. 3. (AB 1142) Effective January 1, 2017.

“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition that is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, slope stabilization, or other measures.

Amended by Stats. 1980, Ch. 800, Sec. 2.2. Effective July 28, 1980.

“State policy” means the regulations adopted by the board pursuant to Section 2755.

Added by Stats. 1975, Ch. 1131.

“Surface mining operations” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

(a)Inplace distillation or retorting or leaching.
(b)The production and disposal of mining waste.
(c)Prospecting and exploratory activities.

Added by Stats. 2016, Ch. 7, Sec. 4. (AB 1142) Effective January 1, 2017.

“Financial assurances” means a current approved financial assurance cost estimate and a financial assurance mechanism that is at least equal to the current approved financial assurance cost estimate.