As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. H. B. No. 384 5
1999-2000 6
REPRESENTATIVE HOUSEHOLDER-HAINES-WILLAMOWSKI-BUCHY-HARRIS-OGG- 8
SULZER-CORE-CAREY-PADGETT-TIBERI-MEAD-TRAKAS-JONES-CATES-CALLENDER- 9
HOLLISTER-SENATORS BLESSING-JOHNSON-DRAKE-MUMPER-McLIN- 10
WATTS-SHOEMAKER-DiDONATO-RAY-LATELL-HOTTINGER-LATTA-SCHAFRATH- 11
NEIN-GARDNER-OELSLAGER-ARMBRUSTER-SPADA-HAGAN-CUPP-WHITE- 12
WACHTMANN-KEARNS-ESPY 13
_________________________________________________________________ 15
A B I L L
To amend sections 1509.08, 1513.13, 1561.10, 17
1561.35, 1561.51, 1563.13, 1565.15, 5727.391, and 18
6111.044, to amend section 4909.15 as amended by 19
Am. Sub. S.B. 3 of the 123rd General Assembly to
enact new section 5733.39 and sections 1561.351, 20
1561.53, 1561.54, and 1561.55, and to repeal 21
sections 1561.41, 1561.42, 1561.43, 1561.44, 22
1565.17, 1565.18, 1565.19, 1565.20, 1565.21,
1565.22, 1565.23, 1567.28, 1567.29, 1567.37, 23
1567.56, 1567.64, and 5733.39 of the Revised Code
to revise qualifications for membership on the 26
Mine Examining Board, to add two members to the
Board, to clarify provisions governing appeals 28
involving the board, to revise qualifications for
first aid providers who must be on duty at 29
surface coal mines, to require all surface coal 30
miners to receive first aid training, to make 31
other changes governing mine safety and 32
operation, including the elimination of certain
provisions involving weighing and measuring and 33
explosions at coal mines, to increase the Ohio 34
coal tax credit for electric companies burning
Ohio coal from $1 per ton to $3 per ton, to 35
2
eliminate certain restrictions on companies
claiming the credit, to allow those companies to 36
retain the credit rather than pass it through to 37
consumers, and to terminate the credit for Ohio
coal burned after 2004. 38
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 40
Section 1. That sections 1509.08, 1513.13, 1561.10, 42
1561.35, 1561.51, 1563.13, 1565.15, 5727.391, and 6111.044 be 43
amended, section 4909.15 as amended by Am. Sub. S.B. 3 of the 44
123rd General Assembly be amended, and new section 5733.39 and 45
sections 1561.351, 1561.53, 1561.54, and 1561.55 of the Revised 46
Code be enacted to read as follows: 47
Sec. 1509.08. Upon receipt of an application for a permit 56
required by section 1509.05 of the Revised Code, or upon receipt 57
of an application for a permit to plug and abandon under section 58
1509.13 of the Revised Code, the chief of the division of oil and 59
gas shall determine whether the well is or is to be located in a 60
coal bearing township. 61
Whether or not the well is or is to be located in a coal 63
bearing township, the chief, by order, may refuse to issue a 64
permit required by section 1509.05 of the Revised Code to any 65
applicant who at the time of applying for the permit is in 66
material or substantial violation of this chapter or rules 67
adopted or orders issued thereunder UNDER IT. The chief shall 68
refuse to issue a permit to any applicant who at the time of 70
applying for the permit has been found liable by a final 71
nonappealable order of a court of competent jurisdiction for 72
damage to streets, roads, highways, bridges, culverts, or 73
drainways pursuant to section 4513.34 or 5577.12 of the Revised 74
Code until the applicant provides the chief with evidence of 75
compliance with the order. No applicant shall attempt to 76
circumvent this provision by applying for a permit under a 77
3
different name or business organization name, by transferring 78
responsibility to another person or entity, by abandoning the 79
well or lease, or by any other similar act. 80
If the well is not or is not to be located in a coal 82
bearing township, or if it is to be located in a coal bearing 83
township, but the landowner submits an affidavit that he owns 84
ATTESTING TO OWNERSHIP OF the property in fee simple, including 85
the coal, and has no objection to the well, the chief shall issue 86
the permit.
If the application to drill, reopen, or convert concerns a 88
well which THAT is or is to be located in a coal bearing 89
township, the chief of the division of oil and gas shall transmit 90
to the chief of the division of mines and reclamation two copies 91
of the application and three copies of the map required in 92
section 1509.06 of the Revised Code;, except that, when the 93
affidavit with the waiver of objection described in the preceding 94
paragraph is submitted, the chief of the division of oil and gas 95
shall not transmit such THE copies. 96
The chief of the division of mines and reclamation shall 98
immediately SHALL notify the owner or lessee of any affected mine 99
that the application has been filed and send to the owner or 101
lessee two copies of the map accompanying the application setting 102
forth the location of the well. 103
If the owner or lessee objects to the location of the well 105
or objects to any location within fifty feet of the original 106
location as a possible site for relocation of the well, he THE 107
OWNER OR LESSEE shall notify the chief of the division of mines 108
and reclamation of the objection, giving the reasons therefor FOR 109
THE OBJECTION and, if applicable, indicating on a copy of the map 110
the particular location or locations within fifty feet of the 112
original location to which he THE OWNER OR LESSEE objects as a 113
site for possible relocation of the well, within six days after
the receipt of the notice. If the chief of the division of mines 114
and reclamation receives no objections from the owner or lessee 115
4
of the mine within ten days after the receipt of the notice by 116
the owner or lessee, or if in the opinion of the chief of the 117
division of mines and reclamation the objections offered by the 118
owner or lessee are not sufficiently well founded, he shall THE 119
CHIEF immediately SHALL notify the owner or lessee of his THOSE 120
findings. The owner or lessee may appeal the decision of the 121
chief of the division of mines and reclamation to the mine 122
examining board created under section 1561.10 of the Revised 123
Code. The appeal shall be filed within fifteen days from the 124
date on which the owner or lessee receives the notice. If the 125
appeal is not filed within that time, the chief of the division 126
of mines and reclamation shall immediately SHALL approve the 127
application, retain a copy of the application and map, and return 129
a copy of the application to the chief of the division of oil and 130
gas with his THE approval noted thereon ON IT. Thereupon the THE 132
chief of the division of oil and gas THEN shall issue the permit 133
if the provisions of this chapter pertaining to the issuance of 135
such a permit have been complied with. 136
If the chief of the division of mines and reclamation 138
receives an objection from the owner or lessee of the mine as to 139
the location of the well within ten days after receipt of the 140
notice by the owner or lessee, and if in the opinion of the chief 141
the objection is well founded, he THE CHIEF shall disapprove the 142
application and immediately return it to the chief of the 144
division of oil and gas together with his THE reasons for 145
disapproval and a suggestion for a new location for the well, 146
provided that the suggested new location shall not be a location 147
within fifty feet of the original location to which the owner or 148
lessee has objected as a site for possible relocation of the well 149
if the chief has determined that the objection is well founded. 150
The chief of the division of oil and gas shall immediately SHALL 151
notify the applicant for the permit of the disapproval and any 153
suggestion made by the chief of the division of mines and 154
reclamation as to a new location for the well. The applicant may 155
5
withdraw his THE application or amend his THE application to 157
drill the well at the location suggested by the chief of the
division of mines and reclamation, or he THE APPLICANT may appeal 159
the disapproval of the application by the chief of the division 160
of mines and reclamation to the mine examining board created 161
under section 1561.10 of the Revised Code. 162
If the chief of the division of mines and reclamation 164
receives no objection from the owner or lessee of a mine as to 165
the location of the well, but does receive an objection from the 166
owner or lessee as to one or more locations within fifty feet of 167
the original location as possible sites for relocation of the 168
well within ten days after receipt of the notice by the owner or 169
lessee, and if in the opinion of the chief the objection is well 170
founded, he shall THE CHIEF nevertheless SHALL approve the 171
application and shall immediately return it IMMEDIATELY to the 172
chief of the division of oil and gas together with his THE 174
reasons for disapproving any of the locations to which the owner 175
or lessee objects as possible sites for relocation of the well. 176
Thereupon the THE chief of the division of oil and gas THEN shall 177
issue a permit, if the provisions of this chapter pertaining to 178
the issuance of such a permit have been complied with, 179
incorporating as a term or condition of the permit that the
applicant is prohibited from commencing drilling at any location 180
within fifty feet of the original location that has been 181
disapproved by the chief of the division of mines and 182
reclamation. The applicant may appeal to the mine examining 183
board the terms and conditions of the permit prohibiting the 184
commencement of drilling at any such location disapproved by the 185
chief of the division of mines and reclamation. 186
Any such appeal shall be filed within fifteen days from the 188
date the applicant receives notice of the disapproval of his THE 189
application, any other location within fifty feet of the original 190
location, or terms or conditions of the permit, or the owner or 191
lessee receives notice of the chief's decision. No approval or 192
6
disapproval of an application shall be delayed by the chief of 193
the division of mines and reclamation for more than fifteen days 194
from the date of sending the notice of the application to the 195
mine owner or lessee as required by this section. 196
All appeals provided for in this section shall be treated 198
as expedited appeals. The mine examining board shall hear any 199
such appeal IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 200
CODE and render a decision within thirty days of the filing of 201
the appeal.
The chief of the division of oil and gas shall not issue a 203
permit to drill a new well or reopen a well which THAT is or is 204
to be located within three hundred feet of any opening of any 205
mine used as a means of ingress, egress, or ventilation for 206
persons employed therein IN THE MINE, nor within one hundred feet 207
of any building or inflammable structure connected therewith WITH 209
THE MINE and actually used as a part of the operating equipment 210
of the mine, unless the chief of the division of mines and 212
reclamation determines that life or property will not be 213
endangered by drilling and operating the well in that location. 214
The chief of the division of mines and reclamation may 216
suspend the drilling or reopening of a well in a coal bearing 217
township if he determines AFTER DETERMINING that the drilling or 218
reopening activities present an imminent and substantial threat 219
to public health or safety or to miners' health or safety and he 220
has HAVING been unable to contact the chief of the division of 222
oil and gas to request an order of suspension under section 223
1509.06 of the Revised Code. Before issuing a suspension order 224
for this purpose, the chief of the division of mines and 225
reclamation shall notify the owner in such A manner as THAT in 226
the chief's judgment would provide reasonable notification that 227
he THE CHIEF intends to issue a suspension order. The chief may 228
issue such an order without prior notification if reasonable 229
attempts to notify the owner have failed, but in that event 230
notification shall be given as soon thereafter as practical. 231
7
Within five calendar days after the issuance of the order, the 232
chief shall provide the owner an opportunity to be heard and to 233
present evidence that the activities do not present an imminent 234
and substantial threat to public health or safety or to miners' 235
health or safety. If, after considering the evidence presented 236
by the owner, the chief determines that the activities do not 237
present such a threat, he THE CHIEF shall revoke the suspension 238
order. An owner may appeal a suspension order issued by the 239
chief of the division of mines and reclamation under this section 240
to the mine examining board or may appeal the order directly to
the court of common pleas of the county in which the well is 241
located.
Sec. 1513.13. (A)(1) A PERSON HAVING AN INTEREST THAT IS 250
OR MAY BE ADVERSELY AFFECTED BY A FINDING OR DETERMINATION OF THE 252
CHIEF OF THE DIVISION OF MINES AND RECLAMATION MADE UNDER SECTION 253
1509.08, 1561.35, 1561.351, 1563.13, OR 6111.044 OF THE REVISED 256
CODE OR AN INVESTIGATION MADE BY THE CHIEF UNDER SECTION 1561.51 257
OF THE REVISED CODE MAY APPEAL TO THE MINE EXAMINING BOARD IN 260
ACCORDANCE WITH THOSE SECTIONS. Any OTHER person having an 262
interest that is or may be adversely affected by a notice of 263
violation, order, or decision of the chief of the division of 264
mines and reclamation, except OTHER THAN a show cause order or an 266
order that adopts a rule, or by any modification, vacation, or 267
termination of such a notice, order, or decision, may appeal by 268
filing a notice of appeal with the reclamation commission for 269
review of the notice, order, or decision within thirty days after 271
the notice, order, or decision is served upon the person or 272
within thirty days after its modification, vacation, or 273
termination and by filing a copy of the notice of appeal with the 274
chief within three days after filing the notice of appeal with 275
the commission. The notice of appeal shall contain a copy of the 277
notice of violation, order, or decision complained of and the 278
grounds upon which the appeal is based. The commission has 279
exclusive original jurisdiction to hear and decide such appeals. 281
8
The filing of a notice of appeal under this division (A)(1) OF 282
THIS SECTION does not operate as a stay of any order, notice of 283
violation, or decision of the chief. 284
(2) The permittee, the chief, and other interested persons 286
shall be given written notice of the time and place of the 287
hearing at least five days prior thereto. The hearing shall be 288
of record. 289
(3) Any person authorized under this section to appeal to 291
the commission may request an informal review by the chief or the 293
chief's designee by filing a written request with the chief 294
within thirty days after a notice, order, decision, modification, 295
vacation, or termination is served upon the person. Filing of 296
the written request shall toll the time for appeal before the 297
commission, but shall not operate as a stay of any order, notice 299
of violation, or decision of the chief. The chief's
determination of an informal review is appealable to the 300
commission under this section. 301
(B) The commission shall affirm the notice of violation, 303
order, or decision of the chief unless the commission determines 305
that it is arbitrary, capricious, or otherwise inconsistent with 306
law; in that case the commission may modify the notice of 307
violation, order, or decision or vacate it and remand it to the 309
chief for such further proceedings as THAT the commission may 310
direct. 311
The commission shall conduct hearings and render decisions 313
in a timely fashion, except that ALL OF THE FOLLOWING APPLY: 314
(1) When the appeal concerns an order for the cessation of 316
coal mining and reclamation operations issued pursuant to 317
division (D)(1) or (2) of section 1513.02 of the Revised Code, 318
the commission shall issue its written decision within thirty 320
days after the receipt of the appeal unless temporary relief has 321
been granted by the chairperson pursuant to division (C) of this 323
section;
(2) When the appeal concerns an application for a permit 325
9
under division (I) of section 1513.07 of the Revised Code, the 326
commission shall hold a hearing within thirty days after receipt 328
of the notice of appeal and issue its decision within thirty days 329
after the hearing; 330
(3) When the appeal concerns a decision of the chief 332
regarding release of bond under division (F) of section 1513.16 333
of the Revised Code, the commission shall hold a hearing within 335
thirty days after receipt of the notice of appeal and issue its 336
decision within sixty days after the hearing. 337
(C) The chairperson of the commission, under conditions 340
the chairperson prescribes, may grant temporary relief the 342
chairperson considers appropriate pending final determination of 343
an appeal if all of the following conditions are met: 344
(1) All parties to the appeal have been notified and given 346
an opportunity for a hearing to be held in the locality of the 347
subject site on the request for temporary relief and the 348
opportunity to be heard on the request; 349
(2) The person requesting relief shows that there is a 351
substantial likelihood that the person will prevail on the 352
merits; 353
(3) The relief will not adversely affect public health or 355
safety or cause significant imminent environmental harm to land, 356
air, or water resources. 357
The chairperson shall issue a decision expeditiously, 359
except that when the applicant requests relief from an order for 360
the cessation of coal mining and reclamation operations issued 361
pursuant to division (D)(1) or (2) of section 1513.02 of the 362
Revised Code, the decision shall be issued within five days after 363
its receipt. 364
Any party to an appeal filed with the commission who is 366
aggrieved or adversely affected by a decision of the chairperson 368
to grant or deny temporary relief under this section may appeal 369
that decision to the commission. The commission may confine its 371
review to the record developed at the hearing before the 372
10
chairperson.
The appeal shall be filed with the commission within thirty 375
days after the chairperson issues the decision on the request for 377
temporary relief. The commission shall issue a decision as 379
expeditiously as possible, except that when the appellant 380
requests relief from an order for the cessation of coal mining 381
and reclamation operations issued pursuant to division (D)(1) or 382
(2) of section 1513.02 of the Revised Code, the decision of the 383
commission shall be issued within five days after receipt of the 385
notice of appeal.
The commission shall affirm the decision of the chairperson 388
granting or denying temporary relief unless it determines that 389
the decision is arbitrary, capricious, or otherwise inconsistent 390
with law. 391
(D) Following the issuance of an order to show cause as to 393
why a permit should not be suspended or revoked pursuant to 394
division (D)(3) of section 1513.02 of the Revised Code, the chief 395
or a representative of the chief shall hold a public adjudicatory 397
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record. 398
Within sixty days following the public hearing, the chief 400
shall issue and furnish to the permittee and all other parties to 401
the hearing a written decision, and the reasons therefor, 402
concerning suspension or revocation of the permit. If the chief 403
revokes the permit, the permittee immediately shall cease coal 404
mining operations on the permit area and shall complete 405
reclamation within a period specified by the chief, or the chief 406
shall declare as forfeited the performance bonds for the 407
operation. 408
(E)(1) Whenever an enforcement order or permit decision is 410
appealed under this section or any action is filed under division 411
(B) of section 1513.15 or 1513.39 of the Revised Code, at the 412
request of a prevailing party, a sum equal to the aggregate 414
amount of all costs and expenses, including attorney's fees, as 415
11
determined to have been necessary and reasonably incurred by the 416
prevailing party for or in connection with participation in the 417
enforcement proceedings before the commission, the court under 418
section 1513.15 of the Revised Code, or the chief under section 420
1513.39 of the Revised Code, may be awarded, as considered 421
proper, in accordance with divisions (E)(1)(a) to (c) of this 422
section. In no event shall attorney's fees awarded under this 423
section exceed, for the kind and quality of services, the 424
prevailing market rates at the time the services were furnished 425
under division (A) of this section. A party may be entitled to 426
costs and expenses related solely to the preparation, defense, 427
and appeal of a petition for costs and expenses, provided the 428
costs and expenses are limited and proportionate to costs and 429
expenses otherwise allowed under division (E) of this section. 430
(a) A party, other than the permittee or the division of 432
mines and reclamation, shall file a petition, if any, for an 433
award of costs and expenses, including attorney's fees, with the 435
chief, who shall review the petition. If the chief finds that 436
the party, other than the permittee or the division of mines and 437
reclamation, prevailed in whole or in part, made a substantial 439
contribution to a full and fair determination of the issues, and 440
made a contribution separate and distinct from the contribution 441
made by any other party, the chief may award to that party the 442
party's costs and expenses, including attorney's fees that were 443
necessary and reasonably incurred by the party for, or in 444
connection with, participation in the proceeding before the 445
commission.
(b) If a permittee who made a request under this division 447
(E)(1) OF THIS SECTION demonstrates that a party other than a 448
permittee who initiated an appeal under this section or 450
participated in such an appeal initiated or participated in the 451
appeal in bad faith and for the purpose of harassing or 452
embarrassing the permittee, the permittee may file a petition 453
with the chief. The chief may award to the permittee the costs 454
12
and expenses reasonably incurred by the permittee in connection 455
with participation in the appeal and assess those costs and 456
expenses against the party who initiated the appeal.
(c) The division of mines and reclamation may file, with 458
the commission, a request for an award to the division of the 459
costs and expenses reasonably incurred by the division in 461
connection with an appeal initiated under this section. The 462
commission may assess those costs and expenses against the party 464
who initiated the appeal if the division demonstrates that the 465
party initiated or participated in the appeal in bad faith and 466
for the purpose of harassing or embarrassing the division. 467
(2) Whenever an order issued under this section or as a 469
result of any administrative proceeding under this chapter is the 470
subject of judicial review, at the request of any party, a sum 471
equal to the aggregate amount of all costs and expenses, 472
including attorney ATTORNEY'S fees, as determined by the court to 474
have been necessary and reasonably incurred by the party for or 475
in connection with participation in the proceedings, may be 476
awarded to either party, in accordance with division (E)(1) of 477
this section, as the court, on the basis of judicial review, 478
considers proper.
Sec. 1561.10. (A) There is hereby created in the division 487
of mines and reclamation a " THE mine examining board" consisting 489
of three FIVE members to be appointed by the governor with the 490
advice and consent of the senate. Terms of office shall be for 491
three years, commencing on the eleventh day of September, and 492
ending on the tenth day of September. Each member shall hold 493
office from the date of his appointment until the end of the term 494
for which he THE MEMBER was appointed. Vacancies shall be filled 496
by appointment by the governor. Any member appointed to fill a 497
vacancy occurring prior to the expiration of the term for which 498
his THE MEMBER'S predecessor was appointed shall hold office for 500
the remainder of such THAT term. Any member shall continue in 502
office subsequent to the expiration date of his THE MEMBER'S term 503
13
until his THE MEMBER'S successor takes office, or until a period 504
of sixty days has elapsed, whichever occurs first. The governor 505
may remove any member of the board for misconduct, incompetency, 506
neglect of duty, or for any other sufficient cause. 507
Not more than one ONE of the appointees to such THE board 510
shall be a person who, because of his previous vocation, 511
employment, or affiliation, can be classed as a representative of 512
the owner, operator, or lessee of a COAL mine, and not more than 513
one. PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR SHALL REQUEST 516
THE MAJOR TRADE ASSOCIATION IN THIS STATE THAT REPRESENTS OWNERS, 517
OPERATORS, OR LESSEES OF COAL MINES TO SUBMIT TO THE GOVERNOR THE 518
NAMES AND QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL 519
APPOINT ONE OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE 520
PROVIDED IN THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN 521
FIVE YEARS OF PRACTICAL EXPERIENCE IN THE COAL MINING INDUSTRY IN 522
POSITIONS IN WHICH THEY DEVELOPED COMPETENCE IN THE TOPICS OF 523
MINE HEALTH AND SAFETY. THE MAJOR TRADE ASSOCIATION SHALL 524
REPRESENT A MEMBERSHIP THAT PRODUCED A LARGER QUANTITY OF COAL 525
MINED IN THIS STATE THAN THE MEMBERSHIP OF ANY OTHER TRADE 526
ASSOCIATION IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 527
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO, BECAUSE OF 529
PREVIOUS VOCATION, EMPLOYMENT, OR AFFILIATION, CAN BE CLASSED AS 530
A REPRESENTATIVE OF THE OWNER, OPERATOR, OR LESSEE OF AN 531
AGGREGATES MINE. PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR 532
SHALL REQUEST THE MAJOR TRADE ASSOCIATION IN THIS STATE THAT 533
REPRESENTS OWNERS, OPERATORS, OR LESSEES OF AGGREGATES MINES TO 534
SUBMIT TO THE GOVERNOR THE NAMES AND QUALIFICATIONS OF THREE 535
NOMINEES. THE GOVERNOR SHALL APPOINT ONE OF THE NOMINEES TO THE 536
BOARD. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 537
NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS OF PRACTICAL 538
EXPERIENCE IN THE AGGREGATES MINING INDUSTRY IN POSITIONS IN 539
WHICH THEY DEVELOPED COMPETENCE IN THE TOPICS OF MINE HEALTH AND 540
SAFETY. THE MAJOR TRADE ASSOCIATION SHALL REPRESENT A MEMBERSHIP 541
14
THAT PRODUCED A LARGER QUANTITY OF AGGREGATES MINED IN THIS STATE 542
THAN THE MEMBERSHIP OF ANY OTHER TRADE ASSOCIATION IN THE YEAR 543
PRIOR TO THE YEAR IN WHICH THE APPOINTMENT IS MADE. 544
ONE of such THE appointees shall be a person who, because 547
of his previous vocation, employment, or affiliation, can be 548
classed as a representative of employees presently CURRENTLY 549
engaged in COAL mining operations. Not PRIOR TO MAKING THE 551
APPOINTMENT, THE GOVERNOR SHALL REQUEST THE HIGHEST RANKING 552
OFFICER IN THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL 553
MINERS IN THIS STATE TO SUBMIT TO THE GOVERNOR THE NAMES AND 554
QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL APPOINT ONE 555
OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE PROVIDED IN 556
THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS 558
OF PRACTICAL EXPERIENCE IN DEALING WITH MINE HEALTH AND SAFETY 559
ISSUES AND AT THE TIME OF THE NOMINATION SHALL BE EMPLOYED IN 560
POSITIONS THAT INVOLVE THE PROTECTION OF THE HEALTH AND SAFETY OF 561
MINERS. THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL MINERS 562
SHALL REPRESENT A MEMBERSHIP CONSISTING OF THE LARGEST NUMBER OF 563
COAL MINERS IN THIS STATE COMPARED TO OTHER EMPLOYEE 564
ORGANIZATIONS IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 565
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO, BECAUSE OF 567
PREVIOUS VOCATION, EMPLOYMENT, OR AFFILIATION, CAN BE CLASSED AS 568
A REPRESENTATIVE OF EMPLOYEES CURRENTLY ENGAGED IN AGGREGATES 569
MINING OPERATIONS. PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR 570
SHALL REQUEST THE HIGHEST RANKING OFFICER IN THE MAJOR EMPLOYEE 571
ORGANIZATION REPRESENTING AGGREGATES MINERS IN THIS STATE TO
SUBMIT TO THE GOVERNOR THE NAMES AND QUALIFICATIONS OF THREE 572
NOMINEES. THE GOVERNOR SHALL APPOINT ONE OF THE NOMINEES TO THE 573
BOARD. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 574
NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS OF PRACTICAL 576
EXPERIENCE IN DEALING WITH MINE HEALTH AND SAFETY ISSUES AND AT 577
THE TIME OF THE NOMINATION SHALL BE EMPLOYED IN POSITONS THAT 578
INVOLVE THE PROTECTION OF THE HEALTH AND SAFETY OF MINERS. THE
15
MAJOR EMPLOYEE ORGANIZATION REPRESENTING AGGREGATES MINERS SHALL 579
REPRESENT A MEMBERSHIP CONSISTING OF THE LARGEST NUMBER OF 580
AGGREGATES MINERS IN THIS STATE COMPARED TO OTHER EMPLOYEE 581
ORGANIZATIONS IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 582
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO CAN BE CLASSED 585
AS A REPRESENTATIVE OF THE PUBLIC. EXCEPT AS OTHERWISE PROVIDED 586
IN THIS DIVISION, THE APPOINTEE SHALL HAVE NOT LESS THAN FIVE 587
YEARS OF TECHNICAL, PRACTICAL EXPERIENCE IN EITHER THE FIELD OF 588
MINE HEALTH AND SAFETY OR OCCUPATIONAL HEALTH AND SAFETY, OR 589
BOTH. FOR A PERIOD OF THREE YEARS PRIOR TO THE APPOINTMENT, THE 590
APPOINTEE SHALL NOT HAVE BEEN EMPLOYED IN THE MINING INDUSTRY. 591
AN APPOINTEE WHO HAS RECEIVED A BACHELOR'S DEGREE IN MINING 594
ENGINEERING OR TECHNOLOGY NEED NOT HAVE AT LEAST FIVE YEARS OF 595
PRACTICAL EXPERIENCE AS OTHERWISE PROVIDED IN THIS DIVISION, BUT 596
SHALL HAVE A TOTAL OF NOT LESS THAN THREE YEARS OF PRACTICAL 597
EXPERIENCE IN THE MINING INDUSTRY IN A POSITION THAT PROVIDED THE 599
PERSON WITH PRACTICAL KNOWLEDGE OF MINE HEALTH AND SAFETY.
NOT more than two THREE of the members of said THE board 602
shall belong to the same political party. The chief of the 603
division of mines and reclamation or the chief's designee shall 605
be ex officio secretary to the board. 606
(B) The board shall have full power TO DO BOTH OF THE 608
FOLLOWING: 609
(A) To adopt (1) ADOPT and enforce reasonable rules 611
relative to the exercise of its powers and proper rules to govern 613
its proceedings and to regulate the manner of appeals; 614
(B) To employ (2) EMPLOY experts, advisors, and 616
secretarial, clerical, stenographic, and other employees. 617
(C) Each member of the board shall receive a salary fixed 619
pursuant to division (J) of section 124.15 of the Revised Code 620
when actually performing the OFFICIAL duties of his office, and, 622
in addition thereto TO A SALARY, he EACH MEMBER shall be 623
reimbursed for all actual and necessary travel and incidental 625
16
expenses incurred in carrying out the OFFICIAL duties of his 626
office.
(D) The board shall elect from its members a chairman 628
CHAIRPERSON and vice-chairman VICE-CHAIRPERSON. A quorum of the 630
board shall consist of not less than two THREE members, and no 631
action at any meeting shall be taken unless at least two THREE 634
votes are in accord. The secretary of the board shall keep a 636
true and complete record of all the proceedings of the board. 637
With the approval of the board, the secretary may employ clerical 638
assistants. The board shall adopt all necessary rules, 639
regulations, and bylaws to govern its times and places of 640
meetings, for organization and reorganization, for holding all 641
examinations, and for governing all other matters requisite to 642
the exercise of its powers, the performance of its duties, and 643
the transaction of its business under this chapter and Chapters 644
1509., 1563., 1565., and 1567. of the Revised Code. The board
shall adopt and have an official seal. 645
(E) EACH MEMBER OF THE BOARD SHALL COMPLETE THE ANNUAL 648
REFRESHER TRAINING REQUIRED FOR MINERS UNDER 30 C.F.R. 48.8 650
(1997). IN ADDITION TO THE ANNUAL REFRESHER TRAINING, EACH
MEMBER SHALL COMPLETE TWENTY-FOUR HOURS OF CONTINUING EDUCATION 651
DURING EACH MEMBER'S THREE-YEAR TERM OF OFFICE ON THE TOPICS OF 652
MINING TECHNOLOGY AND LAWS GOVERNING MINING HEALTH AND SAFETY. 654
Sec. 1561.35. If the deputy mine inspector finds that any 663
matter, thing, or practice connected with any mine and not 664
prohibited specifically by law, is dangerous or hazardous, or 665
that from a rigid enforcement of this chapter and Chapters 1509., 666
1563., 1565., and 1567. of the Revised Code, such THE matter, 667
thing, or practice would become dangerous and hazardous so as to 669
tend to the bodily injury of any person, such THE deputy mine 670
inspector shall forthwith SHALL give notice in writing to the 671
owner, lessee, or agent of the mine, of the particulars in which 673
he THE DEPUTY MINE INSPECTOR considers such THE mine or any 675
matter, thing, or practice connected therewith is dangerous or 676
17
hazardous and recommend such changes as THAT the conditions 677
require, and shall forthwith SHALL mail a copy of such THE report 678
and his THE DEPUTY MINE INSPECTOR'S recommendations to the chief 680
of the division of mines and reclamation. Upon receipt of such 681
THE report and recommendations, the chief shall forthwith SHALL 684
make a finding thereon and mail a copy to the owner, operator, 686
lessee, or agent of such THE mine, and to the deputy mine 688
inspector; a copy of such THE finding of the chief shall be 689
posted upon the bulletin board of the mine. Where the miners
have a mine safety committee, one additional copy shall be posted 690
on said THE bulletin board for the use and possession of the 691
committee. 692
The owner, operator, lessee, or agent of such THE mine, or 694
the authorized representative of the workers of such THE mine, 695
may within ten days MAY appeal to the mine examining board for a 696
review and redetermination of the finding of the chief in such 698
THE matter IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 699
CODE. A copy of the findings DECISION of the board shall be 700
mailed as required by this section for the mailing of the finding 702
by the chief on the deputy mine inspector's report. 703
Sec. 1561.351. A DEPUTY MINE INSPECTOR WHO MAKES A FINDING 705
CONCERNING A VIOLATION OF THIS CHAPTER OR CHAPTER 1563., 1565., 707
OR 1567. OR SECTION 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 708
1509.17, OR 1509.18 OF THE REVISED CODE THAT INVOLVES MINING 710
SAFETY SHALL NOTIFY THE CHIEF OF THE DIVISION OF MINES AND 711
RECLAMATION OF THE FINDING. THE CHIEF SHALL REVIEW THE 712
INSPECTOR'S FINDING, MAKE A WRITTEN DETERMINATION REGARDING IT, 713
AND PROVIDE A COPY OF THE WRITTEN DETERMINATION TO THE OWNER, 714
OPERATOR, LESSEE, OR AGENT OF THE MINE INVOLVED. THE CHIEF SHALL 715
PROVIDE A COPY OF THE WRITTEN DETERMINATION TO ANY OTHER 716
INTERESTED PARTY UPON REQUEST.
A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT OF 719
THE MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF THE 720
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 721
18
THE CHIEF'S DETERMINATION MAY APPEAL THE DETERMINATION, NOT LATER 722
THAN TEN DAYS AFTER RECEIVING NOTICE OF THE DETERMINATION, TO THE 723
MINE EXAMINING BOARD BY FILING A COPY OF THE CHIEF'S WRITTEN 724
DETERMINATION WITH THE BOARD. THE BOARD SHALL HEAR THE APPEAL IN 725
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. 726
Sec. 1561.51. When written charges of neglect of duty, 736
incompetency, or malfeasance in office against the deputy mine 737
inspector are filed with the chief of the division of mines and 738
reclamation, signed by not less than fifteen employees, or 739
otherwise as provided in section 1561.50 of the Revised Code, or 741
the owner, lessee, or agent of a mine, and the signers of such 742
THE charges are dissatisfied with the result of the investigation 743
made by the chief, they may appeal to the mine examining board by 745
filing the same charges against such THE deputy mine inspector 747
and a copy of the report of the investigation made by the chief
in the matter with the board, and the board shall make an 748
investigation of such charges, or may hold an open hearing 749
thereon HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 750
REVISED CODE. The board shall mail a written report COPY of the 751
result of such investigation or hearing, addressed ITS DECISION 752
to the complainant whose name appears first in the charges. 753
Sec. 1561.53. (A) AS USED IN THIS SECTION, "DECISION OF 756
THE CHIEF" INCLUDES A DECISION, DISAPPROVAL OF AN APPLICATION TO 757
DRILL A WELL, TERMS AND CONDITIONS OF A PERMIT, OR A SUSPENSION 758
ORDER ISSUED BY THE CHIEF OF THE DIVISION OF MINES AND 759
RECLAMATION UNDER SECTION 1509.08 OF THE REVISED CODE; A FINDING
OF THE CHIEF MADE UNDER SECTION 1561.35 OR 1563.13 OF THE REVISED 760
CODE; A DETERMINATION MADE BY THE CHIEF UNDER SECTION 1561.351 OF 761
THE REVISED CODE; A REPORT OF AN INVESTIGATION MADE BY THE CHIEF 762
UNDER SECTION 1561.51 OF THE REVISED CODE; OR DISAPPROVAL OF AN 763
APPLICATION FOR A PERMIT, RENEWAL PERMIT, OR MODIFICATION ISSUED
UNDER SECTION 6111.044 OF THE REVISED CODE. 764
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 767
THIS SECTION, THE MINE EXAMINING BOARD HAS EXCLUSIVE ORIGINAL 768
19
JURISDICTION TO HEAR AND DECIDE APPEALS MADE TO THE BOARD UNDER 769
SECTIONS 1509.08, 1561.35, 1561.351, 1561.51, 1563.13, AND 770
6111.044 OF THE REVISED CODE. AN APPEAL MADE UNDER THOSE 771
SECTIONS DOES NOT OPERATE AS A STAY OF ANY DECISION OF THE CHIEF. 772
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 774
CONTRARY, FROM THE EFFECTIVE DATE OF THIS SECTION UNTIL THE DATE 775
ON WHICH ALL MEMBERS OF THE MINE EXAMINING BOARD HAVE BEEN 776
APPOINTED IN ACCORDANCE WITH THE QUALIFICATIONS ESTABLISHED IN 777
SECTION 1561.10 OF THE REVISED CODE, AS AMENDED, BOTH OF THE 780
FOLLOWING APPLY:
(a) A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT 783
OF A MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF A 784
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 785
A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND SAFETY MAY 786
APPEAL IT, NOT LATER THAN TEN DAYS AFTER RECEIVING NOTICE OF THE 787
DECISION, TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH 788
SECTION 1513.13 OF THE REVISED CODE BY FILING A COPY OF THE 790
CHIEF'S WRITTEN DECISION WITH THE COMMISSION. 791
(b) AN OWNER, OPERATOR, LESSEE, OR AGENT OF A MINE WHO 794
APPEALS A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND 795
SAFETY TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH DIVISION 796
(B)(2)(a) OF THIS SECTION, UPON FILING THE APPEAL, SHALL PROVIDE 798
WRITTEN NOTIFICATION OF THE APPEAL TO THE AUTHORIZED 799
REPRESENTATIVE OF THE AFFECTED WORKERS OF THE MINE INVOLVED. THE 801
AUTHORIZED REPRESENTATIVE OF THE MINE WORKERS MAY INTERVENE AND 802
PARTICIPATE AS A PARTY TO THE APPEAL BY FILING A WRITTEN NOTICE 803
OF INTERVENTION WITH THE COMMISSION NOT LATER THAN TEN DAYS 804
FOLLOWING RECEIPT OF NOTIFICATION OF THE APPEAL. 805
(C) THE BOARD SHALL PROVIDE WRITTEN NOTICE OF THE TIME AND 808
PLACE OF A HEARING NOT LESS THAN FIVE DAYS PRIOR TO THE HEARING. 809
THE HEARING SHALL BE OF RECORD.
(D) THE BOARD SHALL CONDUCT HEARINGS AND RENDER DECISIONS 811
IN A TIMELY FASHION AND SHALL HEAR EXPEDITED APPEALS AS REQUIRED 812
UNDER SECTION 1509.08 OF THE REVISED CODE. 813
20
WHENEVER THE BOARD CONDUCTS A HEARING, IT SHALL PREPARE A 816
REPORT SETTING FORTH ITS FINDINGS OF FACT AND CONCLUSIONS OF LAW 817
AND SHALL MAIL A COPY OF THE REPORT BY CERTIFIED MAIL TO THE
PARTIES. A PARTY, NOT LATER THAN FOURTEEN DAYS AFTER RECEIPT OF 818
THE REPORT, MAY SERVE AND FILE WRITTEN OBJECTIONS TO THE BOARD'S 819
REPORT WITH THE SECRETARY OF THE BOARD. OBJECTIONS SHALL BE 820
SPECIFIC AND STATE WITH PARTICULARITY THE GROUNDS FOR THEM. UPON 822
CONSIDERATION OF THE OBJECTIONS, THE BOARD MAY ADOPT, REJECT, OR 823
MODIFY THE REPORT OR HEAR ADDITIONAL EVIDENCE.
(E) THE BOARD SHALL AFFIRM A DECISION OF THE CHIEF UNLESS 826
THE BOARD DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR 827
OTHERWISE INCONSISTENT WITH LAW; IN THAT CASE THE BOARD SHALL 828
VACATE THE DECISION OF THE CHIEF AND MAY REMAND IT TO THE CHIEF 829
FOR FURTHER PROCEEDINGS THAT THE BOARD MAY DIRECT. 831
(F) THE CHAIRPERSON OF THE BOARD, UNDER CONDITIONS THAT 834
THE CHAIRPERSON PRESCRIBES, MAY GRANT TEMPORARY RELIEF THAT THE 835
CHAIRPERSON CONSIDERS APPROPRIATE PENDING FINAL DETERMINATION OF 836
AN APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 837
(1) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 840
AN OPPORTUNITY FOR A HEARING TO BE HELD ON THE REQUEST FOR 841
TEMPORARY RELIEF.
(2) THE PERSON REQUESTING RELIEF SHOWS THAT THERE IS A 843
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 844
MERITS. 845
(3) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 847
SAFETY OF MINERS. 848
THE CHAIRPERSON SHALL ISSUE A DECISION EXPEDITIOUSLY AND 851
PROMPTLY PROVIDE WRITTEN NOTIFICATION OF THE DECISION TO ALL
PARTIES TO THE APPEAL. 852
ANY PARTY TO AN APPEAL FILED WITH THE BOARD WHO IS 854
AGGRIEVED OR ADVERSELY AFFECTED BY A DECISION OF THE CHAIRPERSON 855
TO GRANT OR DENY TEMPORARY RELIEF UNDER THIS SECTION MAY APPEAL 856
THAT DECISION TO THE BOARD. THE BOARD MAY CONFINE ITS REVIEW TO 857
THE RECORD DEVELOPED AT THE HEARING BEFORE THE CHAIRPERSON. 859
21
THE APPEAL SHALL BE FILED WITH THE BOARD NOT LATER THAN 861
THIRTY DAYS AFTER THE CHAIRPERSON ISSUES THE DECISION ON THE 862
REQUEST FOR TEMPORARY RELIEF. THE BOARD SHALL ISSUE A DECISION 863
AS EXPEDITIOUSLY AS POSSIBLE. 864
THE BOARD SHALL AFFIRM THE DECISION OF THE CHAIRPERSON 867
GRANTING OR DENYING TEMPORARY RELIEF UNLESS IT DETERMINES THAT 868
THE DECISION IS ARBITRARY, CAPRICIOUS, OR OTHERWISE INCONSISTENT 869
WITH LAW.
Sec. 1561.54. FOR THE PURPOSE OF PARTICIPATION IN AN 871
ADJUDICATORY HEARING CONDUCTED UNDER SECTION 1561.53 OF THE 872
REVISED CODE, THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION 873
OR THE MINE EXAMINING BOARD MAY REQUIRE THE ATTENDANCE OF 874
WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, AND PAPERS AND 875
MAY, AND AT THE REQUEST OF ANY PARTY SHALL, ISSUE SUBPOENAS FOR 876
WITNESSES OR SUBPOENAS DUCES TECUM TO COMPEL THE PRODUCTION OF 877
ANY BOOKS, RECORDS, PAPERS, OR OTHER MATERIAL RELEVANT TO THE 878
INQUIRY, DIRECTED TO THE SHERIFF OF EACH COUNTY WHERE THE 879
WITNESSES OR MATERIALS ARE FOUND, WHICH SUBPOENAS SHALL BE SERVED 880
AND RETURNED IN THE SAME MANNER THAT SUBPOENAS ISSUED BY COURTS 881
OF COMMON PLEAS ARE SERVED AND RETURNED. THE FEES AND MILEAGE OF 882
SHERIFFS AND WITNESSES SHALL BE THE SAME AS THOSE ALLOWED BY THE 883
COURT OF COMMON PLEAS IN CRIMINAL CASES. 884
IN CASES OF DISOBEDIENCE OR NEGLECT OF A SUBPOENA SERVED ON 887
A PERSON OR THE REFUSAL OF A WITNESS TO TESTIFY ON ANY MATTER 888
REGARDING WHICH THE WITNESS LAWFULLY MAY BE INTERROGATED, THE 889
COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE DISOBEDIENCE, 890
NEGLECT, OR REFUSAL OCCURS, OR ANY JUDGE OF THAT COURT, ON 891
APPLICATION OF THE CHIEF OR THE BOARD OR ANY MEMBER OF THE BOARD, 892
SHALL COMPEL OBEDIENCE BY ATTACHMENT PROCEDURES FOR CONTEMPT AS 893
IN THE CASE OF DISOBEDIENCE OF THE REQUIREMENTS OF A SUBPOENA 894
ISSUED FROM THE COURT OR A REFUSAL TO TESTIFY IN IT. 895
A WITNESS AT ANY HEARING SHALL TESTIFY UNDER OATH OR 897
AFFIRMATION, WHICH THE CHIEF OR ANY MEMBER OF THE BOARD SHALL 898
ADMINISTER. 899
22
Sec. 1561.55. ANY PARTY AGGRIEVED OR ADVERSELY AFFECTED BY 902
A DECISION OF THE MINE EXAMINING BOARD MAY APPEAL TO THE COURT OF 903
APPEALS OF FRANKLIN COUNTY OR THE COURT OF APPEALS OF THE COUNTY 904
IN WHICH THE ACTIVITY ADDRESSED BY THE DECISION OF THE BOARD 905
OCCURRED, IS OCCURRING, OR WILL OCCUR. THE APPEAL SHALL BE FILED 906
NOT LATER THAN THIRTY DAYS AFTER ISSUANCE OF THE DECISION OF THE 907
BOARD. THE COURT, UPON MOTION, MAY GRANT ANY TEMPORARY RELIEF 908
THAT IT CONSIDERS APPROPRIATE PENDING FINAL DISPOSITION OF THE 909
APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 910
(A) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 913
AN OPPORTUNITY TO BE HEARD ON THE REQUEST FOR TEMPORARY RELIEF. 914
(B) THE PERSON REQUESTING THE RELIEF SHOWS THAT THERE IS 917
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 918
MERITS.
(C) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 921
SAFETY OF MINERS.
THE COURT SHALL AFFIRM THE DECISION OF THE BOARD UNLESS THE 924
COURT DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR OTHERWISE 925
INCONSISTENT WITH LAW, IN WHICH CASE THE COURT SHALL VACATE THE 926
DECISION AND REMAND IT TO THE BOARD FOR ANY FURTHER PROCEEDINGS 927
THAT IT DIRECTS.
Sec. 1563.13. When a deputy mine inspector considers that 936
the ways and means of egress in any underground mine from the 937
interior working places to the surface are inadequate as a safe 938
and ready means of escape in case of emergency, from danger of 939
fire at any point, or any other cause that may result in the 940
entombment of persons working therein IN THE MINE, he THE DEPUTY 942
MINE INSPECTOR shall give notice in writing to the owner, lessee, 943
or agent of such THE mine of the particular in which he THE 944
DEPUTY MINE INSPECTOR considers such THE conditions dangerous, 945
recommending such ANY changes as THAT the conditions require, and 947
shall forthwith SHALL mail a copy of his THE DEPUTY MINE 948
INSPECTOR'S recommendations to the chief of the division of mines 950
and reclamation. Upon receipt of such THE recommendations, the 951
23
chief shall forthwith SHALL make a finding thereon CONCERNING 953
THEM and mail a copy to the operator of such THE mine, and to the 954
deputy mine inspector. A copy of such THE finding of the chief 956
shall be posted upon the bulletin board at the time. 957
The operator of such THE mine, or the authorized 959
representative of the workers of such THE mine, may within ten 960
days MAY appeal to the mine examining board for a review and 962
redetermination of the finding of the chief in such THE matter IN 963
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. A copy of 964
the findings DECISION of the board shall be mailed as required by 965
this section for the mailing of the finding by the chief on the 966
deputy mine inspector's report. 967
No operator of a mine shall refuse or neglect to comply 969
with this section. 970
Sec. 1565.15. (A) As used in this section,: 980
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency 984
medical service organization" have the same meanings as in 985
section 4765.01 of the Revised Code.
(2) "FIRST AID PROVIDER" INCLUDES AN EMT-BASIC, AN EMT-I, 990
A PARAMEDIC, OR A SUPERVISORY EMPLOYEE AT A SURFACE COAL MINE WHO 991
HAS SATISFIED THE TRAINING REQUIREMENTS ESTABLISHED IN DIVISION 993
(D)(1) OF THIS SECTION. 994
(B) The operator of an underground COAL mine where twenty 996
or more persons are employed on a shift, including all persons 997
working at different locations at the mine within a ten-mile 998
radius, shall provide at least one EMT-basic or EMT-I on duty at 1,001
the UNDERGROUND COAL mine whenever employees at the mine are
actively engaged in the extraction, production, or preparation of 1,002
coal. The operator shall provide EMTs-basic or EMTs-I on duty at 1,005
the UNDERGROUND COAL mine at such times AND in numbers sufficient 1,007
to ensure that no miner works in a mine location that cannot be 1,008
reached within a reasonable time by an EMT-basic or an EMT-I. 1,009
EMTs-basic and EMTs-I shall be employed on their regular COAL 1,011
mining duties at locations convenient for quick response to
24
emergencies, IN ORDER to provide emergency medical services 1,013
inside the UNDERGROUND COAL mine and transportation of injured or 1,015
sick employees to the entrance of the mine. The operator shall
provide for the services of at least one emergency medical 1,016
service organization to be available on call to reach the 1,017
entrance of the UNDERGROUND COAL mine within thirty minutes, at 1,018
any time that employees are engaged in the extraction, 1,020
production, or preparation of coal IN ORDER to provide emergency 1,021
medical services and transportation to a hospital. 1,022
The operator shall make available to EMTs-basic and EMTs-I 1,025
all OF the equipment for first aid and emergency medical services 1,027
that is necessary for such THOSE personnel to function and to 1,029
comply with the rules REGULATIONS pertaining to first aid and 1,030
emergency medical services that are promulgated ADOPTED under the 1,031
"Federal Coal Mine SAFETY AND Health and Safety Act of 1969 1,033
1977," 83 91 Stat. 742 1290, 30 U.S.C.A. 801, and amendments 1,034
thereto, or the "Metal and Nonmetallic Mine Safety Act," 80 Stat. 1,035
772, 30 U.S.C.A. 721, and amendments thereto TO IT. The operator 1,036
OF THE UNDERGROUND COAL MINE shall install telephone service or 1,038
equivalent facilities that enable two-way voice communication 1,039
between the EMTs-basic or EMTs-I in the mine and the emergency 1,040
medical service organization outside the mine that provides 1,041
emergency medical services on a regular basis. 1,042
(C) The operator of a strip SURFACE COAL mine where 1,044
twenty-five or more persons are employed on a shift, including 1,047
all persons working at different locations of the mine within a 1,048
ten-mile radius, shall provide at least one EMT-basic or EMT-I 1,049
FIRST AID PROVIDER on duty at the mine whenever employees at the 1,051
mine are actively engaged in the extraction, production, or
preparation of coal or minerals. The operator shall provide 1,052
EMTs-basic or EMTs-I FIRST AID PROVIDERS on duty at the SURFACE 1,054
COAL mine at such times AND in numbers sufficient to ensure that 1,057
no miner works in a mine location that cannot be reached within a
reasonable time by an EMT-basic or an EMT-I. EMTs-basic and 1,060
25
EMTs-I A FIRST AID PROVIDER. FIRST AID PROVIDERS shall be 1,061
employed on their regular COAL mining duties at locations 1,063
convenient for quick response to emergencies, IN ORDER to provide 1,064
emergency medical services and transportation of injured or sick 1,067
employees to the entrance of the SURFACE COAL mine. The operator 1,069
shall provide for the services of at least one emergency medical 1,070
service organization to be available on call to reach the 1,071
entrance of the SURFACE COAL mine within thirty minutes, at any 1,074
time that employees are engaged in the extraction, production, or 1,075
preparation of coal, IN ORDER to provide emergency medical 1,077
services and transportation to a hospital.
THE OPERATOR SHALL MAKE AVAILABLE TO FIRST AID PROVIDERS 1,079
ALL OF THE EQUIPMENT FOR FIRST AID AND EMERGENCY MEDICAL SERVICES 1,080
THAT IS NECESSARY FOR THOSE PERSONNEL TO FUNCTION AND TO COMPLY 1,081
WITH THE REGULATIONS PERTAINING TO FIRST AID AND EMERGENCY 1,082
MEDICAL SERVICES THAT ARE ADOPTED UNDER THE "FEDERAL MINE SAFETY 1,086
AND HEALTH ACT OF 1977," 91 STAT. 1290, 30 U.S.C.A. 801, AND 1,090
AMENDMENTS TO IT, INCLUDING, WITHOUT LIMITATION, A PORTABLE 1,091
OXYGEN CYLINDER WITH A MEDICAL REGULATOR AND OXYGEN DELIVERY 1,092
SYSTEM.
(D) The operator of a strip mine where fewer than 1,094
twenty-five persons are employed on a shift, including all 1,095
persons working at different locations of the mine within a 1,096
ten-mile radius, or where twenty-five or more persons are 1,097
employed on a shift at different locations of the mine that are 1,098
dispersed by distances greater than ten miles, shall provide for 1,099
the services of emergency medical service organizations to be 1,100
available on call to reach the mine where any employees are 1,101
working within thirty minutes to provide emergency medical 1,102
services and transportation to a hospital. The chief of the 1,103
division of mines and reclamation may grant a variance from this 1,104
requirement, if upon application, the operator shows that such 1,106
emergency medical service organizations are not available and 1,107
that he provides for the services of three EMTs-basic, EMTs-I, or 1,110
26
paramedics who are located, when on call, within ten miles of the 1,112
locations where employees are mining, or such other reasonable
distance as the chief may approve. 1,113
(E)(1) A SUPERVISORY EMPLOYEE AT A SURFACE COAL MINE SHALL 1,116
BE CONSIDERED TO BE A FIRST AID PROVIDER FOR THE PURPOSES OF THIS 1,118
SECTION IF THE EMPLOYEE HAS RECEIVED FROM AN INSTRUCTOR APPROVED 1,119
BY THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION TEN HOURS 1,120
OF INITIAL FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE 1,121
UNDER 30 C.F.R. 77.1703 AND RECEIVES FIVE HOURS OF REFRESHER 1,123
FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE UNDER 30 1,125
C.F.R. 77.1705 IN EACH SUBSEQUENT CALENDAR YEAR. 1,126
(2) EACH MINER EMPLOYED AT A SURFACE COAL MINE WHO IS NOT 1,128
A FIRST AID PROVIDER SHALL RECEIVE FROM AN INSTRUCTOR APPROVED BY 1,130
THE CHIEF THREE HOURS OF INITIAL FIRST AID TRAINING AND TWO HOURS 1,131
OF REFRESHER FIRST AID TRAINING IN EACH SUBSEQUENT CALENDAR YEAR. 1,132
(3) THE TRAINING RECEIVED IN ACCORDANCE WITH DIVISION (D) 1,134
OF THIS SECTION SHALL CONSIST OF A COURSE OF INSTRUCTION 1,135
ESTABLISHED IN THE MANUAL ISSUED BY THE MINE SAFETY AND HEALTH 1,136
ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF LABOR ENTITLED 1,138
"FIRST AID, A BUREAU OF MINES INSTRUCTION MANUAL" OR ITS 1,142
SUCCESSOR OR ANY OTHER CURRICULUM APPROVED BY THE CHIEF. THE 1,143
TRAINING SHALL BE INCLUDED IN THE HOURS OF INSTRUCTION PROVIDED 1,144
TO MINERS IN ACCORDANCE WITH TRAINING REQUIREMENTS ESTABLISHED 1,145
UNDER 30 C.F.R. PART 48, SUBPART (B), AS AMENDED, AND 30 C.F.R. 1,149
PART 77, AS AMENDED. 1,150
(E) EACH OPERATOR OF A SURFACE COAL MINE SHALL ESTABLISH, 1,152
KEEP CURRENT, AND MAKE AVAILABLE FOR INSPECTION AN EMERGENCY 1,154
MEDICAL PLAN THAT INCLUDES THE TELEPHONE NUMBERS OF THE DIVISION 1,155
OF MINES AND RECLAMATION AND OF AN EMERGENCY MEDICAL SERVICES 1,156
ORGANIZATION THE SERVICES OF WHICH ARE REQUIRED TO BE RETAINED 1,157
UNDER DIVISION (C) OF THIS SECTION. THE CHIEF SHALL ADOPT RULES 1,158
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT 1,160
ESTABLISH ANY ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN 1,161
AN EMERGENCY MEDICAL PLAN. 1,162
27
(F) Each operator of an underground COAL mine or strip 1,164
SURFACE COAL mine shall provide or contract to obtain emergency 1,166
medical services TRAINING OR FIRST AID training, AS APPLICABLE, 1,167
at the operator's expense, THAT IS sufficient to train and 1,168
maintain the certification of the number of employees necessary 1,169
to comply with DIVISION (B) OF this section AND THAT IS 1,170
SUFFICIENT TO TRAIN EMPLOYEES AS REQUIRED UNDER DIVISION (D) OF 1,171
THIS SECTION AND TO COMPLY WITH DIVISION (C) OF THIS SECTION. 1,172
(F)(G) The division of mines and reclamation may provide 1,175
emergency medical services training for COAL mine employees by 1,176
operating an emergency medical services training program 1,177
accredited under section 4765.17 of the Revised Code or by 1,178
contracting with the operator of an emergency medical services 1,179
training program accredited under that section to provide such 1,180
THAT training. The division of mines and reclamation may charge 1,182
COAL mine operators a uniform part of the unit cost per trainee. 1,184
(G)(H) No COAL MINE operator shall violate or fail to 1,186
comply with this section. 1,188
Sec. 4909.15. (A) The public utilities commission, when 1,190
fixing and determining just and reasonable rates, fares, tolls, 1,191
rentals, and charges, shall determine: 1,192
(1) The valuation as of the date certain of the property 1,194
of the public utility used and useful in rendering the public 1,195
utility service for which rates are to be fixed and determined. 1,196
The valuation so determined shall be the total value as set forth 1,197
in division (J) of section 4909.05 of the Revised Code, and a 1,198
reasonable allowance for materials and supplies and cash working 1,199
capital, as determined by the commission. 1,200
The commission, in its discretion, may include in the 1,202
valuation a reasonable allowance for construction work in 1,203
progress but, in no event, may such an allowance be made by the 1,204
commission until it has determined that the particular 1,205
construction project is at least seventy-five per cent complete. 1,206
In determining the percentage completion of a particular 1,208
28
construction project, the commission shall consider, among other 1,209
relevant criteria, the per cent of time elapsed in construction; 1,210
the per cent of construction funds, excluding allowance for funds 1,211
used during construction, expended, or obligated to such 1,212
construction funds budgeted where all such funds are adjusted to 1,213
reflect current purchasing power; and any physical inspection 1,214
performed by or on behalf of any party, including the 1,215
commission's staff. 1,216
A reasonable allowance for construction work in progress 1,218
shall not exceed ten per cent of the total valuation as stated in 1,220
this division, not including such allowance for construction work 1,221
in progress. 1,222
Where the commission permits an allowance for construction 1,225
work in progress, the dollar value of the project or portion 1,226
thereof included in the valuation as construction work in 1,227
progress shall not be included in the valuation as plant in 1,228
service until such time as the total revenue effect of the 1,229
construction work in progress allowance is offset by the total 1,230
revenue effect of the plant in service exclusion. Carrying 1,231
charges calculated in a manner similar to allowance for funds 1,232
used during construction shall accrue on that portion of the 1,233
project in service but not reflected in rates as plant in 1,234
service, and such accrued carrying charges shall be included in 1,235
the valuation of the property at the conclusion of the offset 1,236
period for purposes of division (J) of section 4909.05 of the 1,237
Revised Code. 1,238
From and after April 10, 1985, no allowance for 1,240
construction work in progress as it relates to a particular 1,241
construction project shall be reflected in rates for a period 1,242
exceeding forty-eight consecutive months commencing on the date 1,243
the initial rates reflecting such allowance become effective, 1,244
except as otherwise provided in this division. 1,245
The applicable maximum period in rates for an allowance for 1,248
construction work in progress as it relates to a particular 1,249
29
construction project shall be tolled if, and to the extent, a 1,250
delay in the in-service date of the project is caused by the 1,251
action or inaction of any federal, state, county, or municipal 1,252
agency having jurisdiction, where such action or inaction relates 1,253
to a change in a rule, standard, or approval of such agency, and 1,254
where such action or inaction is not the result of the failure of 1,255
the utility to reasonably endeavor to comply with any rule, 1,256
standard, or approval prior to such change. 1,257
In the event that such period expires before the project 1,259
goes into service, the commission shall exclude, from the date of 1,261
expiration, the allowance for the project as construction work in 1,263
progress from rates, except that the commission may extend the 1,264
expiration date up to twelve months for good cause shown. 1,265
In the event that a utility has permanently canceled, 1,267
abandoned, or terminated construction of a project for which it 1,268
was previously permitted a construction work in progress 1,269
allowance, the commission immediately shall exclude the allowance 1,271
for the project from the valuation. 1,272
In the event that a construction work in progress project 1,274
previously included in the valuation is removed from the 1,275
valuation pursuant to this division, any revenues collected by 1,276
the utility from its customers after April 10, 1985, that 1,277
resulted from such prior inclusion shall be offset against future 1,278
revenues over the same period of time as the project was included 1,279
in the valuation as construction work in progress. The total 1,280
revenue effect of such offset shall not exceed the total revenues 1,281
previously collected. 1,282
In no event shall the total revenue effect of any offset or 1,284
offsets provided under division (A)(1) of this section exceed the 1,286
total revenue effect of any construction work in progress 1,287
allowance.
(2) A fair and reasonable rate of return to the utility on 1,289
the valuation as determined in division (A)(1) of this section; 1,290
(3) The dollar annual return to which the utility is 1,292
30
entitled by applying the fair and reasonable rate of return as 1,293
determined under division (A)(2) of this section to the valuation 1,294
of the utility determined under division (A)(1) of this section; 1,295
(4) The cost to the utility of rendering the public 1,297
utility service for the test period less the total of any 1,298
interest on cash or credit refunds paid, pursuant to section 1,299
4909.42 of the Revised Code, by the utility during the test 1,300
period. 1,301
(a) Federal, state, and local taxes imposed on or measured 1,304
by net income may, in the discretion of the commission, be 1,305
computed by the normalization method of accounting, provided the 1,306
utility maintains accounting reserves that reflect differences 1,307
between taxes actually payable and taxes on a normalized basis, 1,308
provided that no determination as to the treatment in the 1,309
rate-making process of such taxes shall be made that will result 1,311
in loss of any tax depreciation or other tax benefit to which the 1,312
utility would otherwise be entitled, and further provided that 1,313
such tax benefit as redounds to the utility as a result of such a 1,314
computation may not be retained by the company, used to fund any 1,315
dividend or distribution, or utilized for any purpose other than 1,316
the defrayal of the operating expenses of the utility and the 1,317
defrayal of the expenses of the utility in connection with 1,318
construction work.
(b) The amount of any tax credits granted to an electric 1,320
light company under section 5733.39 5727.391 of the Revised Code 1,322
FOR OHIO COAL BURNED PRIOR TO JANUARY 1, 2000, shall not be 1,323
retained by the company, used to fund any dividend or
distribution, or utilized for any purposes other than the 1,324
defrayal of the allowable operating expenses of the company and 1,325
the defrayal of the allowable expenses of the company in 1,326
connection with the installation, acquisition, construction, or 1,327
use of a compliance facility. The amount of the tax credits 1,328
granted to an electric light company under that section FOR OHIO 1,329
COAL BURNED PRIOR TO JANUARY 1, 2000, shall be returned to its 1,331
31
customers within three years after initially claiming the credit 1,332
through an offset to the company's rates or fuel component, as 1,333
determined by the commission, as set forth in schedules filed by 1,334
the company under section 4905.30 of the Revised Code. As used 1,335
in division (A)(4)(c) of this section, "compliance facility" has 1,336
the same meaning as in section 5733.39 5727.391 of the Revised 1,338
Code.
(B) The commission shall compute the gross annual revenues 1,341
to which the utility is entitled by adding the dollar amount of 1,342
return under division (A)(3) of this section to the cost of 1,343
rendering the public utility service for the test period under 1,344
division (A)(4) of this section.
(C) The test period, unless otherwise ordered by the 1,346
commission, shall be the twelve-month period beginning six months 1,348
prior to the date the application is filed and ending six months 1,349
subsequent to that date. In no event shall the test period end 1,350
more than nine months subsequent to the date the application is 1,351
filed. The revenues and expenses of the utility shall be 1,352
determined during the test period. The date certain shall be not 1,353
later than the date of filing.
(D) When the commission is of the opinion, after hearing 1,356
and after making the determinations under divisions (A) and (B) 1,357
of this section, that any rate, fare, charge, toll, rental, 1,358
schedule, classification, or service, or any joint rate, fare, 1,359
charge, toll, rental, schedule, classification, or service 1,360
rendered, charged, demanded, exacted, or proposed to be rendered, 1,361
charged, demanded, or exacted, is, or will be, unjust, 1,362
unreasonable, unjustly discriminatory, unjustly preferential, or 1,363
in violation of law, that the service is, or will be, inadequate, 1,364
or that the maximum rates, charges, tolls, or rentals chargeable 1,365
by any such public utility are insufficient to yield reasonable 1,366
compensation for the service rendered, and are unjust and 1,367
unreasonable, the commission shall:
(1) With due regard among other things to the value of all 1,369
32
property of the public utility actually used and useful for the 1,370
convenience of the public as determined under division (A)(1) of 1,371
this section, excluding from such value the value of any 1,372
franchise or right to own, operate, or enjoy the same in excess 1,373
of the amount, exclusive of any tax or annual charge, actually 1,374
paid to any political subdivision of the state or county, as the 1,375
consideration for the grant of such franchise or right, and 1,376
excluding any value added to such property by reason of a 1,377
monopoly or merger, with due regard in determining the dollar 1,378
annual return under division (A)(3) of this section to the 1,379
necessity of making reservation out of the income for surplus, 1,380
depreciation, and contingencies, and; 1,381
(2) With due regard to all such other matters as are 1,383
proper, according to the facts in each case, 1,384
(a) Including a fair and reasonable rate of return 1,386
determined by the commission with reference to a cost of debt 1,387
equal to the actual embedded cost of debt of such public utility, 1,388
(b) But not including the portion of any periodic rental 1,390
or use payments representing that cost of property that is 1,391
included in the valuation report under divisions (F) and (G) of 1,392
section 4909.05 of the Revised Code, fix and determine the just 1,393
and reasonable rate, fare, charge, toll, rental, or service to be 1,394
rendered, charged, demanded, exacted, or collected for the 1,395
performance or rendition of the service that will provide the 1,396
public utility the allowable gross annual revenues under division 1,397
(B) of this section, and order such just and reasonable rate, 1,398
fare, charge, toll, rental, or service to be substituted for the 1,399
existing one. After such determination and order no change in 1,400
the rate, fare, toll, charge, rental, schedule, classification, 1,401
or service shall be made, rendered, charged, demanded, exacted, 1,402
or changed by such public utility without the order of the 1,403
commission, and any other rate, fare, toll, charge, rental, 1,404
classification, or service is prohibited. 1,405
(E) Upon application of any person or any public utility, 1,407
33
and after notice to the parties in interest and opportunity to be 1,408
heard as provided in Chapters 4901., 4903., 4905., 4907., 4909., 1,409
4921., and 4923. of the Revised Code for other hearings, has been 1,410
given, the commission may rescind, alter, or amend an order 1,411
fixing any rate, fare, toll, charge, rental, classification, or 1,412
service, or any other order made by the commission. Certified 1,413
copies of such orders shall be served and take effect as provided 1,414
for original orders. 1,415
Sec. 5727.391. (A) As used in this section: 1,425
(1) "Compliance facility" has the same meaning as in 1,427
section 4905.01 of the Revised Code. "Compliance facility" also 1,428
includes both of the following: 1,429
(a) A flue gas desulfurization system that is connected to 1,431
a coal-fired electric generating unit and that either was placed 1,432
in service prior to the effective date of this section JULY 10, 1,434
1991, or construction of which was commenced prior to the 1,435
effective THAT date of this section;
(b) Facilities or equipment that is acquired, constructed, 1,437
or installed, and used, at a coal-fired electric generating unit 1,438
primarily for the purpose of handling the byproducts produced by 1,439
a compliance facility or other coal combustion byproducts 1,440
produced by the generating unit in or to which the compliance 1,441
facility is incorporated or connected. 1,442
(2) "Ohio coal" has the same meaning as in section 4913.01 1,444
of the Revised Code. 1,445
(B) An electric company shall be allowed a credit against 1,447
the tax computed under section 5727.38 of the Revised Code for 1,448
using Ohio coal in any of its coal-fired electric generating 1,449
units. The credit shall be claimed in the company's annual 1,450
statement required under division (A) of section 5727.31 of the 1,451
Revised Code at the rate of one dollar THREE DOLLARS per ton of 1,452
Ohio coal burned, during the same twelve-month period used in 1,454
determining gross receipts AND ON OR AFTER JANUARY 1, 2000, in a 1,455
coal-fired electric generating unit under all BOTH of the 1,457
34
following conditions:
(1) The coal-fired electric generating unit is owned by 1,459
the company claiming the credit or leased by that company under a 1,460
sale and leaseback transaction; 1,461
(2) A compliance facility is attached to, incorporated in, 1,463
or used in conjunction with the coal-fired generating unit; 1,464
(3) Either of the following applies: 1,466
(a) In the case of a coal-fired electric generating unit 1,468
that burns coal in combination with another fuel for the purpose 1,469
of complying with Phase I acid rain control requirements under 1,470
Title IV of the "Clean Air Act Amendments of 1990," 104 Stat. 1,471
2584, 42 U.S.C.A. 7651, at least eighty per cent of the heat 1,472
input during the period is from Ohio coal; 1,473
(b) In the case of any other coal-fired electric 1,475
generating unit, at least ninety per cent of the heat input 1,476
during the period is from Ohio coal. 1,477
(C) If the credit allowed under this section exceeds the 1,479
total taxes due for the current year, the tax commissioner shall 1,480
credit the excess against the taxes due for succeeding years 1,481
until the full amount of the credit is granted. 1,482
The sum of the credits allowed for coal burned in each 1,484
coal-fired electric generating unit shall not exceed twenty per 1,485
cent of the cost of the compliance facility attached to, 1,486
incorporated in, or used in conjunction with the unit. If a 1,487
compliance facility is used in conjunction with more than one 1,488
generating unit, the tax commissioner shall prorate its cost 1,489
among the units. 1,490
(D) The director of environmental protection, upon the 1,492
request of the tax commissioner, shall certify whether a facility 1,493
is a compliance facility. In the case of a compliance facility 1,494
owned by an electric company, the public utilities commission 1,495
shall certify to the tax commissioner the cost of the facility as 1,496
of the date it was placed in service. In the case of a 1,497
compliance facility owned by a person other than an electric 1,498
35
company, the tax commissioner shall determine the cost of the 1,499
facility as of the date it was placed in service; if the owner of 1,500
such a facility fails to furnish the information necessary to 1,501
make that determination, no credit shall be allowed. 1,502
Sec. 5733.39. (A) AS USED IN THIS SECTION: 1,505
(1) "COMPLIANCE FACILITY" MEANS PROPERTY THAT IS DESIGNED, 1,507
CONSTRUCTED, OR INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC 1,508
GENERATING FACILITY FOR THE PRIMARY PURPOSE OF COMPLYING WITH 1,510
PHASE I ACID RAIN CONTROL REQUIREMENTS UNDER TITLE IV OF THE 1,512
"CLEAN AIR ACT AMENDMENTS OF 1990," 104 STAT. 2584, 42 U.S.C.A. 1,513
7651, AND THAT CONTROLS OR LIMITS EMISSIONS OF SULFUR OR NITROGEN 1,514
COMPOUNDS RESULTING FROM THE COMBUSTION OF COAL THROUGH THE 1,515
REMOVAL OR REDUCTION OF THOSE COMPOUNDS BEFORE, DURING, OR AFTER 1,516
THE COMBUSTION OF THE COAL, BUT BEFORE THE COMBUSTION PRODUCTS 1,517
ARE EMITTED INTO THE ATMOSPHERE. "COMPLIANCE FACILITY" ALSO 1,518
INCLUDES ANY OF THE FOLLOWING: 1,519
(a) A FACILITY THAT REMOVES SULFUR COMPOUNDS FROM COAL 1,521
BEFORE THE COMBUSTION OF THE COAL AND THAT IS LOCATED OFF THE 1,522
PREMISES OF THE ELECTRIC GENERATING FACILITY WHERE THE COAL 1,523
PROCESSED BY THE COMPLIANCE FACILITY IS BURNED; 1,524
(b) MODIFICATIONS TO THE ELECTRIC GENERATING FACILITY 1,526
WHERE THE COMPLIANCE FACILITY IS CONSTRUCTED OR INSTALLED THAT 1,527
ARE NECESSARY TO ACCOMMODATE THE CONSTRUCTION OR INSTALLATION, 1,528
AND OPERATION, OF THE COMPLIANCE FACILITY; 1,529
(c) A BYPRODUCT DISPOSAL FACILITY, AS DEFINED IN SECTION 1,531
3734.051 OF THE REVISED CODE, THAT EXCLUSIVELY DISPOSES OF WASTES 1,532
PRODUCED BY THE COMPLIANCE FACILITY AND OTHER COAL COMBUSTION 1,533
BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE 1,534
COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED REGARDLESS OF 1,535
WHETHER THE BYPRODUCT DISPOSAL FACILITY IS LOCATED ON THE SAME 1,536
PREMISES AS THE COMPLIANCE FACILITY OR GENERATING UNIT THAT 1,537
PRODUCES THE WASTES DISPOSED OF AT THE FACILITY; 1,538
(d) FACILITIES OR EQUIPMENT THAT IS ACQUIRED, CONSTRUCTED, 1,540
OR INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC GENERATING 1,541
36
FACILITY EXCLUSIVELY FOR THE PURPOSE OF HANDLING THE BYPRODUCTS 1,542
PRODUCED BY THE COMPLIANCE FACILITY OR OTHER COAL COMBUSTION 1,543
BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE 1,544
COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED; 1,545
(e) A FLUE GAS DESULFURIZATION SYSTEM THAT IS CONNECTED TO 1,548
A COAL-FIRED ELECTRIC GENERATING UNIT AND THAT EITHER WAS PLACED 1,549
IN SERVICE PRIOR TO JULY 10, 1991, OR CONSTRUCTION OF WHICH WAS 1,550
COMMENCED PRIOR TO THAT DATE;
(f) FACILITIES OR EQUIPMENT ACQUIRED, CONSTRUCTED, OR 1,553
INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC GENERATING UNIT
PRIMARILY FOR THE PURPOSE OF HANDLING THE BYPRODUCTS PRODUCED BY 1,554
A COMPLIANCE FACILITY OR OTHER COAL COMBUSTION BYPRODUCTS 1,555
PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE COMPLIANCE 1,556
FACILITY IS INCORPORATED OR CONNECTED. 1,557
(2) "OHIO COAL" HAS THE SAME MEANING AS IN SECTION 4913.01 1,560
OF THE REVISED CODE. 1,561
(3) "SALE AND LEASEBACK TRANSACTION" HAS THE SAME MEANING 1,563
AS IN SECTION 5727.01 OF THE REVISED CODE. 1,566
(B) AN ELECTRIC COMPANY SHALL BE ALLOWED A NONREFUNDABLE 1,569
CREDIT AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED 1,571
CODE FOR OHIO COAL USED IN ANY OF ITS COAL-FIRED ELECTRIC 1,574
GENERATING UNITS AFTER APRIL 30, 2001, BUT BEFORE JANUARY 1, 1,575
2005. SECTION 5733.057 OF THE REVISED CODE SHALL APPLY WHEN 1,578
CALCULATING THE CREDIT ALLOWED BY THIS SECTION. THE CREDIT SHALL 1,580
BE CLAIMED AT THE RATE OF THREE DOLLARS PER TON OF OHIO COAL 1,581
BURNED IN A COAL-FIRED ELECTRIC GENERATING UNIT DURING THE 1,582
TAXABLE YEAR ENDING IMMEDIATELY PRECEDING THE TAX YEAR. THE 1,583
CREDIT IS ALLOWED ONLY IF BOTH OF THE FOLLOWING CONDITIONS ARE 1,584
MET DURING SUCH TAXABLE YEAR: 1,585
(1) THE COAL-FIRED ELECTRIC GENERATING UNIT IS OWNED AND 1,587
USED BY THE COMPANY CLAIMING THE CREDIT OR LEASED AND USED BY 1,588
THAT COMPANY UNDER A SALE AND LEASEBACK TRANSACTION. 1,589
(2) A COMPLIANCE FACILITY IS ATTACHED TO, INCORPORATED IN, 1,592
OR USED IN CONJUNCTION WITH THE COAL-FIRED GENERATING UNIT. 1,593
37
(C) THE CREDIT SHALL BE CLAIMED IN THE ORDER REQUIRED 1,596
UNDER SECTION 5733.98 OF THE REVISED CODE. THE TAXPAYER MAY 1,598
CARRY FORWARD ANY CREDIT AMOUNT IN EXCESS OF ITS TAX DUE AFTER 1,599
ALLOWING FOR ANY OTHER CREDITS THAT PRECEDE THE CREDIT ALLOWED 1,600
UNDER THIS SECTION IN THE ORDER REQUIRED UNDER SECTION 5733.98 OF 1,601
THE REVISED CODE. THE EXCESS CREDIT MAY BE CARRIED FORWARD FOR 1,603
THREE YEARS FOLLOWING THE TAX YEAR FOR WHICH IT IS CLAIMED UNDER 1,604
THIS SECTION.
(D) THE DIRECTOR OF ENVIRONMENTAL PROTECTION, UPON THE 1,607
REQUEST OF THE TAX COMMISSIONER, SHALL CERTIFY WHETHER A FACILITY 1,608
IS A COMPLIANCE FACILITY. IN THE CASE OF A COMPLIANCE FACILITY 1,609
OWNED BY AN ELECTRIC COMPANY, THE PUBLIC UTILITIES COMMISSION 1,610
SHALL CERTIFY TO THE TAX COMMISSIONER THE COST OF THE FACILITY AS 1,611
OF THE DATE IT WAS PLACED IN SERVICE. IN THE CASE OF A 1,612
COMPLIANCE FACILITY OWNED BY A PERSON OTHER THAN AN ELECTRIC 1,613
COMPANY, THE TAX COMMISSIONER SHALL DETERMINE THE COST OF THE 1,614
FACILITY AS OF THE DATE IT WAS PLACED IN SERVICE. IF THE OWNER 1,615
OF SUCH A FACILITY FAILS TO FURNISH THE INFORMATION NECESSARY TO 1,616
MAKE THAT DETERMINATION, NO CREDIT SHALL BE ALLOWED. 1,617
Sec. 6111.044. Upon receipt of an application for an 1,627
injection well drilling permit, an injection well operating 1,628
permit, a renewal of an injection well operating permit, or a 1,629
modification of an injection well drilling permit, operating 1,630
permit, or renewal of an operating permit, the director of 1,631
environmental protection shall determine whether the application 1,632
is complete and demonstrates that the activities for which the 1,633
permit, renewal permit, or modification is requested will comply 1,634
with the "Federal Water Pollution Control Act" and regulations 1,635
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 1,636
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 1,637
under it; and this chapter and the rules adopted under it. If 1,638
the application demonstrates that the proposed activities will 1,639
not comply or will pose an unreasonable risk of inducing seismic 1,640
activity, inducing geologic fracturing, or contamination of an 1,641
38
underground source of drinking water, he THE DIRECTOR shall deny 1,642
the application. If the application does not make the required 1,644
demonstrations, he THE DIRECTOR shall return it to the applicant 1,645
with an indication of those matters about which a required 1,647
demonstration was not made. If he THE DIRECTOR determines that 1,648
the application makes the required demonstrations, he THE 1,650
DIRECTOR shall transmit copies of the application and all of the 1,652
accompanying maps, data, samples, and information to the chief of 1,653
the division of oil and gas, the chief of the division of 1,654
geological survey, the chief of the division of water, and, if 1,655
the well is or is to be located in a coal-bearing township, the 1,656
chief of the division of mines and reclamation IN THE DEPARTMENT 1,657
OF NATURAL RESOURCES.
The chief of the division of geological survey shall 1,659
comment upon the application if he THE CHIEF determines that the 1,660
proposed well or injection will present an unreasonable risk of 1,662
loss or damage to valuable mineral resources. If the chief 1,663
submits comments on the application, those comments shall be 1,664
accompanied by an evaluation of the geological factors upon which 1,665
the comments are based, including fractures, faults, earthquake 1,666
potential, and the porosity and permeability of the injection 1,667
zone and confining zone, and by the documentation supporting the 1,668
evaluation. The director shall take into consideration the 1,669
chief's comments, and the accompanying evaluation of geologic 1,670
factors and supporting documentation, when considering the 1,671
application. The director shall provide written notice to the 1,672
chief of his THE DIRECTOR'S decision on the application and, if 1,673
the chief's comments are not included in the permit, renewal 1,675
permit, or modification, of the director's rationale for not 1,676
including them.
The chief of the division of oil and gas shall comment upon 1,678
the application if he THE CHIEF determines that the proposed well 1,680
or injection will present an unreasonable risk that waste or 1,681
contamination of recoverable oil or gas in the earth will occur. 1,682
39
If the chief submits comments on the application, those comments 1,683
shall be accompanied by an evaluation of the oil or gas reserves 1,684
that, in the best professional judgment of the chief, are 1,685
recoverable and will be adversely affected by the proposed well 1,686
or injection, and by the documentation supporting the evaluation. 1,687
The director shall take into consideration the chief's comments, 1,688
and the accompanying evaluation and supporting documentation, 1,689
when considering the application. The director shall provide 1,690
written notice to the chief of his THE DIRECTOR'S decision on the 1,692
application and, if the chief's comments are not included in the 1,693
permit, renewal permit, or modification, of the director's 1,694
rationale for not including them. 1,695
The chief of the division of water shall assist the 1,697
director in determining whether all underground sources of 1,698
drinking water in the area of review of the proposed well or 1,699
injection have been identified and correctly delineated in the 1,700
application. If the application fails to identify or correctly 1,701
delineate any such AN underground source of drinking water, the 1,702
chief shall provide written notice of that fact to the director. 1,703
The chief of the division of mines and reclamation shall 1,705
review the application as follows: 1,706
If the application concerns the drilling or conversion of a 1,708
well or the injection into a well which THAT is not or is not to 1,709
be located within five thousand feet of the excavation and 1,710
workings of a mine, the chief of the division of mines and 1,712
reclamation shall note upon the application that it has been 1,713
examined by the division of mines and reclamation, retain a copy 1,715
of the application and map, and immediately return a copy of the 1,716
application to the director.
If the application concerns the drilling or conversion of a 1,718
well or the injection into a well which THAT is or is to be 1,719
located within five thousand feet, but more than five hundred 1,721
feet from the surface excavations and workings of a mine, the 1,722
chief of the division of mines and reclamation shall immediately 1,724
40
SHALL notify the owner or lessee of the mine that the application 1,725
has been filed and send to the owner or lessee a copy of the map 1,726
accompanying the application setting forth the location of the 1,727
well. The chief of the division of mines and reclamation shall 1,728
note on the application that the notice has been sent to the 1,730
owner or lessee of the mine, retain a copy of the application and 1,731
map, and immediately return a copy of the application to the 1,732
director with his THE CHIEF'S notation thereon ON IT. 1,733
If the application concerns the drilling or conversion of a 1,735
well or the injection into a well which THAT is or is to be 1,736
located within five thousand feet of the underground excavations 1,738
and workings of a mine or within five hundred feet of the surface 1,739
excavations and workings of a mine, the chief of the division of 1,741
mines and reclamation shall immediately SHALL notify the owner or 1,742
lessee of the mine that the application has been filed and send 1,743
to the owner or lessee a copy of the map accompanying the 1,744
application setting forth the location of the well. If the owner 1,745
or lessee objects to the application, he THE OWNER OR LESSEE 1,746
shall notify the chief of the division of mines and reclamation 1,748
of the objection, giving the reasons therefor, within six days 1,749
after the receipt of the notice. If the chief of the division of 1,750
mines and reclamation receives no objections from the owner or 1,751
lessee of the mine within ten days after the receipt of the 1,752
notice by the owner or lessee, or if in the opinion of the chief 1,753
of the division of mines and reclamation the objections offered 1,754
by the owner or lessee are not sufficiently well-founded, he THE 1,756
CHIEF shall retain a copy of the application and map and return a 1,758
copy of the application to the director with any applicable notes 1,759
concerning it.
If the chief of the division of mines and reclamation 1,761
receives an objection from the owner or lessee of the mine as to 1,762
the application, within ten days after receipt of the notice by 1,763
the owner or lessee, and if in the opinion of the chief the 1,764
objection is well-founded, he THE CHIEF shall disapprove the 1,765
41
application and immediately return it to the director together 1,767
with his THE CHIEF'S reasons for the disapproval. The director 1,769
shall promptly SHALL notify the applicant for the permit, renewal 1,771
permit, or modification, of the disapproval. The applicant may 1,772
appeal the disapproval of the application by the chief of the 1,773
division of mines and reclamation to the mine examining board 1,774
created under section 1561.10 of the Revised Code, AND THE BOARD 1,776
SHALL HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 1,777
REVISED CODE. The appeal shall be filed within thirty days from
the date the applicant receives notice of the disapproval. No 1,778
comments concerning or disapproval of an application shall be 1,779
delayed by the chief of the division of mines and reclamation for 1,780
more than fifteen days from the date of sending of notice to the 1,781
mine owner or lessee as required by this section. 1,782
The director shall not approve an application for an 1,784
injection well drilling permit, an injection well operating 1,785
permit, a renewal of an injection well operating permit, or a 1,786
modification of an injection well drilling permit, operating 1,787
permit, or renewal of an operating permit for a well which THAT 1,788
is or is to be located within three hundred feet of any opening 1,789
of any mine used as a means of ingress, egress, or ventilation 1,790
for persons employed therein IN THE MINE, nor within one hundred 1,791
feet of any building or flammable structure connected therewith 1,792
WITH THE MINE and actually used as a part of the operating 1,793
equipment of the mine, unless the chief of the division of mines 1,795
and reclamation determines that life or property will not be 1,797
endangered by drilling and operating the well in that location. 1,798
Upon review by the chief of the division of oil and gas, 1,800
the chief of the division of geological survey, and the chief of 1,801
the division of water, and if the chief of the division of mines 1,803
and reclamation has not disapproved the application, the director 1,804
shall issue a permit, renewal permit, or modification with such 1,805
ANY terms and conditions as THAT may be necessary to comply with 1,806
the "Federal Water Pollution Control Act" and regulations adopted 1,808
42
under it; the "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 1,809
U.S.C.A. 300(f) as amended, and regulations adopted under it; and 1,810
this chapter and the rules adopted under it. The director shall 1,811
not issue a permit, renewal permit, or modification to an 1,812
applicant if the applicant or persons associated with the 1,813
applicant have engaged in or are engaging in a substantial 1,814
violation of this chapter that is endangering or may endanger 1,815
human health or the environment or if, in the case of an 1,816
applicant for an injection well drilling permit, the applicant, 1,817
at the time of applying for the permit, did not hold an injection 1,818
well operating permit or renewal of an injection well drilling 1,819
permit and failed to demonstrate sufficient expertise and 1,820
competency to operate the well in compliance with the applicable 1,821
provisions of this chapter. 1,822
If the director receives a disapproval from the chief of 1,824
the division of mines and reclamation regarding an application 1,826
for an injection well drilling or operating permit, renewal 1,827
permit, or modification, if required, he THE DIRECTOR shall issue 1,828
an order denying the application. 1,830
The director need not issue a proposed action under section 1,832
3745.07 of the Revised Code or hold an adjudication hearing under 1,833
that section and Chapter 119. of the Revised Code before issuing 1,834
or denying a permit, renewal permit, or modification of a permit 1,835
or renewal permit. Before issuing or renewing a permit to drill 1,836
or operate a class I injection well or a modification thereof OF 1,837
IT, the director shall propose the permit, renewal permit, or 1,838
modification in draft form and shall hold a public hearing to 1,839
receive public comment on the draft permit, renewal permit, or 1,840
modification. At least fifteen days before the public hearing on 1,841
a draft permit, renewal permit, or modification, the director 1,842
shall publish notice of the date, time, and location of the 1,843
public hearing in at least one newspaper of general circulation 1,844
serving the area where the well is or is to be located. The 1,845
proposing of such a draft permit, renewal permit, or modification 1,846
43
does not constitute the issuance of a proposed action under 1,847
section 3745.07 of the Revised Code, and the holding of the 1,848
public hearing on such a draft permit, renewal permit, or 1,849
modification does not constitute the holding of an adjudication 1,850
hearing under that section and Chapter 119. of the Revised Code. 1,851
Appeals of orders other than orders of the chief of the division 1,853
of mines and reclamation shall be taken under sections 3745.04 to 1,854
3745.08 of the Revised Code. 1,855
The director may order that an injection well drilling 1,857
permit or an injection well operating permit or renewal permit be 1,858
suspended and that activities thereunder UNDER IT cease if he 1,859
determines AFTER DETERMINING that those activities are occurring 1,860
in violation of law, rule, order, or term or condition of the 1,863
permit. Upon service of a copy of the order upon the permit 1,864
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,866
the permit and activities thereunder UNDER IT shall be 1,867
immediately suspended IMMEDIATELY without prior hearing and shall 1,868
remain suspended until the violation is corrected and the order 1,869
of suspension is lifted. If a violation is the second within a 1,870
one-year period, the director, after a hearing, may revoke the 1,871
permit. 1,872
The director may order that an injection well drilling 1,874
permit or an injection well operating permit or renewal permit be 1,875
suspended and that activities thereunder UNDER IT cease if he THE 1,877
DIRECTOR has reasonable cause to believe that the permit would 1,878
not have been issued if the information available at the time of 1,879
suspension had been available at the time a determination was 1,880
made by one of the agencies acting under authority of this 1,881
section. Upon service of a copy of the order upon the permit 1,882
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,884
the permit and activities thereunder UNDER IT shall be 1,885
immediately suspended IMMEDIATELY without prior hearing, but a 1,886
permit may not be suspended for that reason without prior hearing 1,887
unless immediate suspension is necessary to prevent waste or 1,888
44
contamination of oil or gas, comply with the "Federal Water 1,889
Pollution Control Act" and regulations adopted under it; the 1,890
"Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 1,891
300(f), as amended, and regulations adopted under it; and this 1,892
chapter and the rules adopted under it, or prevent damage to 1,893
valuable mineral resources, prevent contamination of an 1,894
underground source of drinking water, or prevent danger to human 1,895
life or health. If after a hearing the director determines that 1,896
the permit would not have been issued if the information 1,897
available at the time of the hearing had been available at the 1,898
time a determination was made by one of the agencies acting under 1,899
authority of this section, he THE DIRECTOR shall revoke the 1,900
permit. 1,901
When a permit has been revoked, the permit holder or other 1,903
person responsible therefor shall FOR IT immediately SHALL plug 1,905
the well in the manner required by the director.
The director may issue orders to prevent or require 1,907
cessation of violations of this section, section 6111.043, 1,908
6111.045, 6111.046, or 6111.047 of the Revised Code, rules 1,909
adopted thereunder UNDER ANY OF THOSE SECTIONS, and terms or 1,910
conditions of permits issued thereunder UNDER ANY OF THEM. Such 1,912
THE orders may require the elimination of conditions caused by 1,914
the violation.
Section 2. That existing sections 1509.08, 1513.13, 1,916
1561.10, 1561.35, 1561.51, 1563.13, 1565.15, 5727.391, and 1,917
6111.044 and sections 1561.41, 1561.42, 1561.43, 1561.44, 1,919
1565.17, 1565.18, 1565.19, 1565.20, 1565.21, 1565.22, 1565.23, 1,920
1567.28, 1567.29, 1567.37, 1567.56, 1567.64, and 5733.39, and 1,921
section 4909.15 of the Revised Code as amended by Am. Sub. S.B. 3
of the 123rd General Assembly are hereby repealed. 1,922
Section 3. The enactment by this act of amendments to 1,924
section 1561.10 of the Revised Code regarding the qualifications 1,926
of members of the Mine Examining Board is not intended to require 1,927
the replacement of members of the board on the effective date of 1,928
45
this act, but to establish requirements for filling vacancies 1,929
occurring in the board's membership on and after the effective 1,930
date of this act.
Section 4. (A) The amendment by this act of section 1,933
5727.391 of the Revised Code increasing the per-ton credit for 1,934
burning Ohio coal applies to Ohio coal burned on or after January 1,936
1, 2000, and on or before April 30, 2001. The tax credit claimed 1,937
for the twelve-month period ending April 30, 2000, shall be 1,938
adjusted so that the credit equals one dollar per ton for Ohio 1,939
coal burned on or before December 31, 1999, of that twelve-month 1,940
period, and three dollars per ton for Ohio coal burned on or 1,941
after January 1, 2000.
(B) The amendment of section 5727.391 of the Revised Code 1,943
and the repeal of the existing version of that section by this 1,944
act does not affect the delayed repeal of that section by Section 1,945
8 of Am. Sub. S.B. 3 of the 123rd General Assembly. Section 1,946
5727.391 of the Revised Code, as amended by this act, shall be 1,947
repealed as provided in Section 8 of Am. Sub. S.B. 3 of the 123rd 1,948
General Assembly. 1,949
Section 5. The repeal and reenactment by this act of 1,951
section 5733.39 of the Revised Code takes effect January 1, 2002, 1,952
and applies to Ohio coal burned after April 30, 2001, but before 1,953
January 1, 2005, notwithstanding Section 12 of Am. Sub. S.B. 3 of 1,955
the 123rd General Assembly.
Section 6. The amendment by this act of section 4909.15 of 1,957
the Revised Code, as amended by Am. Sub. S.B. 3 of the 123rd 1,958
General Assembly, is contingent on Am. Sub. S.B. 3 of the 123rd 1,959
General Assembly becoming law.
Section 7. Section 1565.15 of the Revised Code is 1,961
presented in this act as a composite of the section as amended by 1,962
both Am. Sub. S.B. 150 and Am. Sub. S.B. 162 of the 121st General 1,963
Assembly, with the new language of neither of the acts shown in 1,965
capital letters. This is in recognition of the principle stated 1,966
in division (B) of section 1.52 of the Revised Code that such 1,967
46
amendments are to be harmonized where not substantively 1,968
irreconcilable and constitutes a legislative finding that such is 1,969
the resulting version in effect prior to the effective date of 1,970
this act.