Title 12, Chapter 4, Section 72
As used in this part, the term:
(1) "Affected land" means the area of land which has been
subjected to surface mining, or upon which overburden has been
deposited, or both; provided, however, "affected land" shall not
be construed to include land upon which overburden is deposited
if, in the opinion of the division, the disposition of such
overburden amounts to reclamation of a previously mined area.
(1.1) "Borrow pit" means an excavated area where naturally
occurring earthen materials are to be removed for use as ordinary
fill at another location.
(2) "Division" means the Environmental Protection Division of the
Department of Natural Resources.
(3) "Government securities" means obligations of the United States
or of the State of Georgia, or any bureau, agency, or authority
thereof, which are fully guaranteed as to the principal and
interest by the United States or the State of Georgia.
(4) "Inspector" means any authorized employee of the Environmental
Protection Division who is responsible for the administration or
enforcement of this part.
(5) "Mineral" means clay, stone, gravel, sand, phosphate, rock,
metallic ore, and any other solid material or substance of
commercial value found in natural deposits on or in the earth.
(6) "Mining land use plan" means an operator's written proposal
for accomplishing land use objectives on the affected land. The
term shall include, but not be limited to, an operator's plans
prior to, during, and following active mining for erosion and
sedimentation control, protection of properties on the National
Register of Historic Places, grading, disposal of refuse,
reclamation and revegetation, and the time of completion of the
(7) "Mining operator" means any person, firm, partnership, joint
venture, association, corporation, municipality, or county engaged
in or controlling one or more surface mining operations.
(8) "Overburden" means all of the earth and other materials which
lie above natural deposits of ores or minerals, and includes all
earth and other materials disturbed from their natural state in
the process of surface mining.
(9) "Peak" means a projecting point of overburden removed from its
natural position and deposited elsewhere in the process of surface
(10) "Pit" means a tract of land from which overburden has been or
is being removed for the purpose of surface mining.
(11) "Reclamation" means the reconditioning or rehabilitation of
affected land under an approved mining land use plan.
(12) "Refuse" means all waste material exclusive of overburden
directly connected with the mining, cleaning, and preparation of
substances mined by surface mining.
(13) "Ridge" means a lengthened elevation of overburden removed
from its natural position and deposited elsewhere in the process
of surface mining.
(14) "Spoil bank" means overburden removed from its natural
position and deposited elsewhere in the process of surface mining.
(15) "Surface mining" means any activity constituting all or part
of a process for the removal of minerals, ores, and other solid
matter for sale or for processing or for consumption in the
regular operation of a business. Tunnels, shafts, borrow pits of
less than 1.1 disturbed acres, and dimension stone quarries shall
not be considered to be surface mining.