10 CSR 45-2.010 - Definitions

PURPOSE: This rule defines terms used in 10 CSR 45.

(1) The terms defined in section 444.352, RSMo Supp. 1989 are incorporated by reference for use in 10 CSR 45.

(2) This section contains additional definitions of terms used in 10 CSR 45.

(A) Applicant. A person who applies for a permit from the department for a Metallic Minerals Waste Management Permit.

(B) Aquifer. A subsurface water-bearing bed or stratum of sand, gravel or bedrock which stores or transmits water in recoverable quantities that is presently being utilized or could be utilized as a water source for private or public use.

(C) Cave. A natural underground room or series of rooms and passages generally formed by solution of limestone large enough to be entered by a man.

(D) Cistern. An artificial reservoir or tank for storing water.

(E) Department. The Department of Natural Resources.

(F) Geological cross-section. A diagram or drawing that shows features transected by a vertical section drawn at an angle to the longer axis of geologic features.

(G) Geological features. Stratigraphic features, of both consolidated and unconsolidated geologic materials such as bedding, porosity, primary permeability, secondary permeability, and so forth, and structural features such as dips, folds, faults, joints, caves and fractures.

(H) Groundwater. Water occurring beneath the surface of the ground including underground watercourses, artesian basins, underground reservoirs and lakes, aquifers, other bodies of water located below the surface of the ground and water in the saturated zone.

(I) Karst. A terrain, generally underlain by limestone, in which the topography is chiefly formed by the dissolving of rock and which is commonly characterized by karren, closed depressions, subterranean drainage and caves.

(J) Metallic minerals waste management area boundary. The final planned outermost limits of the metallic minerals waste disposal areas or waste management areas as defined in section 444.352(10), RSMo Supp. 1989. This boundary will identify and encompass the areas used to compute the required amount of financial assurance.

(K) Observable defect. Any defect which would be detectable by an experienced professional engineer making an on-site visual inspection of the dam in accordance with current engineering, geologic and construction practices. This includes, but is not limited to: slides, piping of fines, uncontrolled seepage that exists on the embankment or the downstream foundation of the dam, unusual zones of softness and irregular settlement, erosion on the upstream or downstream slope of the dam, spillways that are calculated to be inadequate for the design flood, spillways that are eroded or otherwise in poor condition and cracks in the embankment or structure.

(L) Owner. Any person who holds a fee simple title to the property upon which the metallic minerals waste disposal area is located.

(M) Permit. An enforceable authorization issued by the director of the Department of Natural Resources in accordance with the Metallic Minerals Waste Management Act, sections 444.352-444.380, RSMo Supp. 1989 collective with other environmental permits referenced in the Act.

(N) Slag. The refuse separated from metal during smelting.

(O) Slag pile. A body of slag deposited as a mound or pile for temporary or permanent storage.

(P) Stability. The properties of a dam or reservoir that cause it, when disturbed from a condition of equilibrium, to develop forces or moments that maintain equilibrium.

(Q) Standing water in wells. The static water level.

(R) Static water level. The distance measured from the established ground surface to the water surface in a well neither being pumped, nor under the influence of pumping, nor flowing under artesian pressure.

(S) Stream. Any body of running water moving under gravity flow in a clearly defined channel on the surface of the ground or in a subterranean cavern.

(T) Subsidence. The settling of the ground surface as a result of natural or man-made causes.

(U) Tailings. The material generated by a mining/milling operation which is deposited in slurry form in an impoundment for storage and/or disposal.

(V) Tailings dam. An existing dam or reservoir used for the impoundment or retention of tailings or a proposed, existing or newly constructed dam and reservoir for which the anticipated or contemplated use is the impoundment or retention of tailings.

(W) Waste management control structure. Any structure or device whose purpose is to contain, impound or otherwise control metallic minerals waste.

(X) Waste management dam. Any waste management control structure which extends across a stream or water-course which does or may impound metallic minerals wastes.

(Y) Watercourse. A valley, swale, depression or other low place in the topography which may be occupied by flowing water during conditions of runoff.

(Z) Water well. A well constructed when the intended use of that excavation is for the acquisition of groundwater supply.

Notes

10 CSR 45-2.010

AUTHORITY: section 444.352-444.380, RSMo 1994 and Supp. 1999 and 536.023.3, RSMo Supp. 1999.* Original rule filed Oct. 2, 1990, effective 4/29/1991. Amended: Filed Jan. 19, 2000, effective 9/30/2000.

*Original authority: 444.352-444.380, see Missouri Revised Statutes 1994 and Missouri Revised Statutes Cumulative Supplement 1999; 536.023, RSMo 1975, amended 1976, 1997.