Terms Used In Montana Code > Title 82 > Chapter 4 > Part 1 - Strip and Underground Mine Siting

• Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 82-4-103
• Coal: means a combustible carbonaceous rock formed from the compaction and induration of variously altered plant remains. See Montana Code 82-1-111
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-103
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Mineral: means mineral as defined in 82-4-203. See Montana Code 82-4-103
• Operation: means all of the premises, facilities, railroad loops, roads, power lines, and equipment used in the process of producing and removing mineral from a designated strip-mine or underground-mine area. See Montana Code 82-4-103
• Operator: means a person who intends to operate a new strip mine or new underground mine involving the removal of more than 10,000 cubic yards of mineral or overburden. See Montana Code 82-4-103
• 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 a person, partnership, corporation, association, or other legal entity or any political subdivision or agency of the state. See Montana Code 82-4-103
• Preparatory work: means all onsite disturbances, excluding prospecting, associated with the initiation of a new strip mine or underground mine, including but not limited to the construction of railroad spurs or loops, buildings to house mining operations, roads, storage and train load-out facilities, transmission lines, erection of draglines and loading shovels, and other associated facilities. See Montana Code 82-4-103
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Strip mining: means any part of the process followed in the production of mineral by the opencut method, including mining by the auger method or any similar method that penetrates a mineral deposit and removes mineral directly through a series of openings made by a machine that enters the deposit from a surface excavation or any other method or process in which the strata or overburden is removed or displaced in order to recover the mineral. See Montana Code 82-4-103
• Underground mining: means any part of the process that is followed in the production of a mineral and that uses vertical or horizontal shafts, slopes, drifts, or incline planes connected with excavations penetrating the mineral stratum or strata. See Montana Code 82-4-103
• Writing: includes printing. See Montana Code 1-1-203