As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 601 5
1999-2000 6
REPRESENTATIVE VESPER 8
_________________________________________________________________ 9
A B I L L
To amend sections 121.04, 124.24, 127.16, 1501.022, 11
1505.10, 1509.01 to 1509.05, 1509.06, 1509.061, 12
1509.07, 1509.071, 1509.072, 1509.08, 1509.09 to 13
1509.15, 1509.17, 1509.18, 1509.21, 1509.22, 14
1509.221, 1509.222, 1509.223, 1509.224, 1509.225,
1509.226, 1509.23 to 1509.29, 1509.31 to 1509.33, 15
1509.36, 1509.38 to 1509.40, 1510.01, 1510.08, 16
1513.01 to 1513.03, 1513.07, 1513.072, 1513.073, 17
1513.08, 1513.09, 1513.11, 1513.13, 1513.15,
1513.16, 1513.161, 1513.17, 1513.18, 1513.181, 18
1513.20 to 1513.37, 1513.39 to 1513.41, 1514.02, 19
1514.021, 1514.03 to 1514.08, 1514.10, 1514.11, 20
1561.01 to 1561.07, 1561.10, 1561.13, 1561.26 to
1561.28, 1561.31 to 1561.35, 1561.351, 1561.36 to 21
1561.38, 1561.45, 1561.47 to 1561.51, 1561.53, 23
1561.54, 1561.99, 1563.02, 1563.04 to 1563.06,
1563.11, 1563.111, 1563.12, 1563.13, 1563.17, 25
1563.20, 1563.24, 1563.26, 1563.33 to 1563.35,
1563.37, 1563.40 to 1563.43, 1563.46, 1565.05 to 26
1565.08, 1565.11, 1565.12, 1565.15, 1567.02, 27
1567.08 to 1567.11, 1567.13, 1567.17 to 1567.19,
1567.23, 1567.34, 1567.35, 1567.39, 1567.45, 28
1567.52, 1567.54, 1567.55, 1567.57, 1567.61, 29
1567.69 to 1567.71, 1567.73, 1567.74, 1567.78, 30
1571.01 to 1571.06, 1571.08 to 1571.11, 1571.14,
1571.16, 1571.99, 5749.02, and 6111.044 of the 31
Revised Code and to amend Section 72 of Am. Sub. 32
H.B. 283 of the 123rd General Assembly to create 33
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the Division of Mineral Resources Management in 34
the Department of Natural Resources by combining
the Division of Mines and Reclamation with the 35
Division of Oil and Gas, and to declare an 36
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 121.04, 124.24, 127.16, 1501.022, 40
1505.10, 1509.01, 1509.02, 1509.03, 1509.04, 1509.05, 1509.06, 41
1509.061, 1509.07, 1509.071, 1509.072, 1509.08, 1509.09, 1509.10, 42
1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.18, 43
1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 44
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 45
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.36, 1509.38, 46
1509.39, 1509.40, 1510.01, 1510.08, 1513.01, 1513.02, 1513.03, 47
1513.07, 1513.072, 1513.073, 1513.08, 1513.09, 1513.11, 1513.13, 48
1513.15, 1513.16, 1513.161, 1513.17, 1513.18, 1513.181, 1513.20, 49
1513.21, 1513.22, 1513.23, 1513.24, 1513.25, 1513.26, 1513.27, 50
1513.28, 1513.29, 1513.30, 1513.31, 1513.32, 1513.33, 1513.34, 51
1513.35, 1513.36, 1513.37, 1513.39, 1513.40, 1513.41, 1514.02, 52
1514.021, 1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 1514.08, 53
1514.10, 1514.11, 1561.01, 1561.02, 1561.03, 1561.04, 1561.05, 54
1561.06, 1561.07, 1561.10, 1561.13, 1561.26, 1561.27, 1561.28, 55
1561.31, 1561.32, 1561.33, 1561.34, 1561.35, 1561.351, 1561.36, 57
1561.37, 1561.38, 1561.45, 1561.47, 1561.48, 1561.49, 1561.50, 58
1561.51, 1561.53, 1561.54, 1561.99, 1563.02, 1563.04, 1563.05, 59
1563.06, 1563.11, 1563.111, 1563.12, 1563.13, 1563.17, 1563.20, 60
1563.24, 1563.26, 1563.33, 1563.34, 1563.35, 1563.37, 1563.40, 61
1563.41, 1563.42, 1563.43, 1563.46, 1565.05, 1565.06, 1565.07, 62
1565.08, 1565.11, 1565.12, 1565.15, 1567.02, 1567.08, 1567.09, 63
1567.10, 1567.11, 1567.13, 1567.17, 1567.18, 1567.19, 1567.23, 64
1567.34, 1567.35, 1567.39, 1567.45, 1567.52, 1567.54, 1567.55, 65
1567.57, 1567.61, 1567.69, 1567.70, 1567.71, 1567.73, 1567.74, 66
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1567.78, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 67
1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.99, 68
5749.02, and 6111.044 of the Revised Code be amended to read as 69
follows:
Sec. 121.04. Offices are created within the several 78
departments as follows: 79
In the department of commerce: 81
Commissioner of securities; 83
Superintendent of real estate and professional 84
licensing;
Superintendent of financial institutions; 85
Fire marshal; 86
Beginning on July 1, 1997, 87
Superintendent of liquor control; 88
Superintendent of industrial compliance. 89
In the department of administrative services: 91
State architect and engineer; 93
Equal employment opportunity coordinator. 94
In the department of agriculture: 96
Chiefs of divisions as follows: 98
Administration; 100
Animal industry; 101
Dairy; 102
Food safety; 103
Plant industry; 104
Markets; 105
Meat inspection; 106
Consumer analytical laboratory; 107
Amusement ride safety; 108
Enforcement; 109
Weights and measures. 110
In the department of natural resources: 112
Chiefs of divisions as follows: 114
Water; 116
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Mines and Reclamation MINERAL RESOURCES 117
MANAGEMENT;
Forestry; 118
Natural areas and preserves; 119
Wildlife; 120
Geological survey; 121
Parks and recreation; 122
Watercraft; 123
Oil and gas; 124
Recycling and litter prevention; 125
Civilian conservation; 126
Soil and water conservation; 127
Real estate and land management; 128
Engineering. 129
Until July 1, 1997, in the department of liquor control: 131
Chiefs of divisions as follows: Accounting and finance; 135
Store management; 136
Personnel; 137
Beer. 138
In the department of insurance: 141
Deputy superintendent of insurance; 143
Assistant superintendent of insurance, technical; 144
Assistant superintendent of insurance, 145
administrative; 146
Assistant superintendent of insurance, research. 147
Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and 157
145.01 to 145.57 of the Revised Code, the examinations of 158
applicants for the position POSITIONS of deputy mine inspector, 159
superintendent of rescue stations, assistant superintendent of 160
rescue stations, electrical inspectors, gas storage well 161
inspector, and mine chemists in the division of mines and 162
reclamation MINERAL RESOURCES MANAGEMENT, department of natural 164
resources, as provided in Chapters 1561., 1563., 1565., and 1567. 165
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of the Revised Code shall be provied PROVIDED for, conducted, and 167
administered by the mine examining board created by section 168
1561.10 of the Revised Code.
From the returns of the examinations the mine examining 170
board shall prepare eligible lists of the persons whose general 171
average standing upon examinations for such grade or class is not 172
less than the minimum fixed by the rules of said THE board and 173
who are otherwise eligible. All appointments to the said A 175
position shall be made from such eligible list in the same manner 176
as appointments are made from eligible lists prepared by the 177
director of administrative services. Any person upon being 178
appointed to fill one of the positions provided for in this 179
section, from any such eligible list, shall have the same 180
standing, rights, privileges, and status as other state employees 181
in the classified service. 182
Sec. 127.16. (A) Upon the request of either a state 192
agency or the director of budget and management and after the 193
controlling board determines that an emergency or a sufficient 194
economic reason exists, the controlling board may approve the 196
making of a purchase without competitive selection as provided in
division (B) of this section. 197
(B) Except as otherwise provided in this section, no state 199
agency, using money that has been appropriated to it directly, 200
shall: 201
(1) Make any purchase from a particular supplier, that 203
would amount to fifty thousand dollars or more when combined with 204
both the amount of all disbursements to the supplier during the 205
fiscal year for purchases made by the agency and the amount of 206
all outstanding encumbrances for purchases made by the agency 207
from the supplier, unless the purchase is made by competitive 208
selection or with the approval of the controlling board; 209
(2) Lease real estate from a particular supplier, if the 211
lease would amount to seventy-five thousand dollars or more when 212
combined with both the amount of all disbursements to the 213
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supplier during the fiscal year for real estate leases made by 214
the agency and the amount of all outstanding encumbrances for 215
real estate leases made by the agency from the supplier, unless 216
the lease is made by competitive selection or with the approval 217
of the controlling board. 218
(C) Any person who authorizes a purchase in violation of 220
division (B) of this section shall be liable to the state for any 221
state funds spent on the purchase, and the attorney general shall 222
collect the amount from the person. 223
(D) Nothing in division (B) of this section shall be 225
construed as: 226
(1) A limitation upon the authority of the director of 228
transportation as granted in sections 5501.17, 5517.02, and 229
5525.14 of the Revised Code; 230
(2) Applying to medicaid provider agreements under Chapter 232
5111. of the Revised Code or payments or provider agreements 235
under disability assistance medical assistance established under 236
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 238
supplier by a state licensing board under Title XLVII of the 239
Revised Code; 240
(4) Applying to entertainment contracts for the Ohio state 242
fair entered into by the Ohio expositions commission, provided 243
that the controlling board has given its approval to the 244
commission to enter into such contracts and has approved a total 245
budget amount for such contracts as agreed upon by commission 246
action, and that the commission causes to be kept itemized 247
records of the amounts of money spent under each contract and 248
annually files those records with the clerk of the house of 250
representatives and the clerk of the senate following the close 251
of the fair;
(5) Limiting the authority of the chief of the division of 253
mines and reclamation MINERAL RESOURCES MANAGEMENT to contract 254
for reclamation work with an operator mining adjacent land as 256
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provided in section 1513.27 of the Revised Code; 257
(6) Applying to investment transactions and procedures of 259
any state agency, except that the agency shall file with the 260
board the name of any person with whom the agency contracts to 261
make, broker, service, or otherwise manage its investments, as 262
well as the commission, rate, or schedule of charges of such 263
person with respect to any investment transactions to be 264
undertaken on behalf of the agency. The filing shall be in a 265
form and at such times as the board considers appropriate. 266
(7) Applying to purchases made with money for the per cent 268
for arts program established by section 3379.10 of the Revised 269
Code; 270
(8) Applying to purchases made by the rehabilitation 272
services commission of services, or supplies, that are provided 273
to persons with disabilities, or to purchases made by the 274
commission in connection with the eligibility determinations it 275
makes for applicants of programs administered by the social 276
security administration; 277
(9) Applying to payments by the department of job and 279
family services under section 5111.13 of the Revised Code for 281
group health plan premiums, deductibles, coinsurance, and other 282
cost-sharing expenses; 283
(10) Applying to any agency of the legislative branch of 285
the state government; 286
(11) Applying to agreements or contracts entered into 288
under section 5101.11, 5101.21, or 5101.211 of the Revised Code; 289
(12) Applying to purchases of services by the adult parole 291
authority under section 2967.14 of the Revised Code or by the 292
department of youth services under section 5139.08 of the Revised 293
Code; 294
(13) Applying to dues or fees paid for membership in an 296
organization or association; 297
(14) Applying to purchases of utility services pursuant to 299
section 9.30 of the Revised Code; 300
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(15) Applying to purchases made in accordance with rules 302
adopted by the department of administrative services of motor 303
vehicle, aviation, or watercraft fuel, or emergency repairs of 304
such vehicles; 305
(16) Applying to purchases of tickets for passenger air 307
transportation; 308
(17) Applying to purchases necessary to provide public 310
notifications required by law or to provide notifications of job 311
openings; 312
(18) Applying to the judicial branch of state government; 314
(19) Applying to purchases of liquor for resale by the 316
department or, on and after July 1, 1997, the division of liquor 317
control;
(20) Applying to purchases of motor courier and freight 319
services made in accordance with department of administrative 320
services rules; 321
(21) Applying to purchases from the United States postal 323
service and purchases of stamps and postal meter replenishment 324
from vendors at rates established by the United States postal 325
service; 326
(22) Applying to purchases of books, periodicals, 328
pamphlets, newspapers, maintenance subscriptions, and other 329
published materials; 330
(23) Applying to purchases from other state agencies, 332
including state-assisted institutions of higher education; 333
(24) Limiting the authority of the director of 335
environmental protection to enter into contracts under division 336
(D) of section 3745.14 of the Revised Code to conduct compliance 337
reviews, as defined in division (A) of that section; 338
(25) Applying to purchases from a qualified nonprofit 340
agency pursuant to sections 4115.31 to 4115.35 of the Revised 341
Code; 342
(26) Applying to payments by the department of job and 344
family services to the United States department of health and 346
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human services for printing and mailing notices pertaining to the 347
tax refund offset program of the internal revenue service of the 348
United States department of the treasury; 349
(27) Applying to contracts entered into by the department 351
of mental retardation and developmental disabilities under 352
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 353
(28) Applying to payments made by the department of mental 355
health under a physician recruitment program authorized by 356
section 5119.101 of the Revised Code; 357
(29) Applying to contracts entered into with persons by 359
the director of commerce for unclaimed funds collection and 360
remittance efforts as provided in division (F) of section 169.03 362
of the Revised Code. The director shall keep an itemized 365
accounting of unclaimed funds collected by those persons and 366
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 368
higher education in accordance with the terms of a contract 370
between the vendor and an inter-university purchasing group 371
comprised of purchasing officers of state institutions of higher 372
education;
(31) Applying to the department of job and family 374
services' purchases of health assistance services under the 376
children's health insurance program part I provided for under 377
section 5101.50 of the Revised Code or the children's health 378
insurance program part II provided for under section 5101.51 of 380
the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the 382
cumulative purchase threshold shall be seventy-five thousand 383
dollars for the departments of mental retardation and 384
developmental disabilities, mental health, rehabilitation and 385
correction, and youth services. 386
(F) When determining whether a state agency has reached 388
the cumulative purchase thresholds established in divisions 389
(B)(1), (B)(2), and (E) of this section, all of the following 390
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purchases by such agency shall not be considered: 391
(1) Purchases made through competitive selection or with 393
controlling board approval; 394
(2) Purchases listed in division (D) of this section; 396
(3) For the purposes of the thresholds of divisions (B)(1) 398
and (E) of this section only, leases of real estate. 399
(G) As used in this section, "competitive section 401
SELECTION," "purchase," "supplies," and "services" have the same 402
meanings as in section 125.01 of the Revised Code. 403
Sec. 1501.022. There is hereby created in the state 412
treasury the injection well review fund consisting of moneys 413
transferred to it under section 6111.046 of the Revised Code. 414
Moneys in the fund shall be used by the chiefs of the divisions 415
of oil and gas MINERAL RESOURCES MANAGEMENT, geological survey, 416
and water in the department of natural resources exclusively for 417
the purpose of executing their duties under sections 6111.043 to 418
6111.047 of the Revised Code.
Sec. 1505.10. The chief of the division of geological 427
survey shall prepare and publish for public distribution annual 429
reports that shall include all of the following:
(A) A list of the operators of mines, quarries, pits, or 431
other mineral resource extraction operations in this state; 432
(B) Information on the location of and commodity extracted 434
at each operation; 435
(C) Information on the employment at each operation; 437
(D) Information on the tonnage of coal or other minerals 439
extracted at each operation along with the method of extraction; 440
(E) Information on the production, use, distribution, 442
value, and other facts relative to the mineral resources of the 443
state that may be of public interest. 444
Each operator engaged in the extraction of minerals shall 446
submit an accurate and complete annual report, on or before the 448
last day of January each year, to the chief of the division of 449
geological survey on forms provided by the chief and containing 450
11
the information specified in divisions (A) to (E) of this section 451
for the immediately preceding calendar year. The chief of the 452
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 454
may use all or portions of the information collected pursuant to 455
this section in preparing the annual report required by section 456
1561.04 of the Revised Code. 457
No person shall fail to comply with this section. 459
Sec. 1509.01. As used in this chapter: 468
(A) "Well" means any borehole, whether drilled or bored, 470
within the state for production, extraction, or injection of any 471
gas or liquid mineral, excluding potable water to be used as 472
such, but including natural or artificial brines and oil field 473
waters. 474
(B) "Oil" means crude petroleum oil and all other 476
hydrocarbons, regardless of gravity, that are produced in liquid 477
form by ordinary production methods, but does not include 478
hydrocarbons that were originally in a gaseous phase in the 479
reservoir. 480
(C) "Gas" means all natural gas and all other fluid 482
hydrocarbons that are not oil, including condensate. 484
(D) "Condensate" means liquid hydrocarbons that were 486
originally in the gaseous phase in the reservoir. 487
(E) "Pool" means an underground reservoir containing a 489
common accumulation of oil or gas, or both, but does not include 490
a gas storage reservoir. Each zone of a geological structure 491
that is completely separated from any other zone in the same 492
structure may contain a separate pool. 493
(F) "Field" means the general area underlaid by one or 495
more pools. 496
(G) "Drilling unit" means the minimum acreage on which one 498
well may be drilled, but does not apply to a well for injecting 499
gas into or removing gas from a gas storage reservoir. 500
(H) "Waste" includes all of the following: 502
(1) Physical waste, as that term generally is understood 505
12
in the oil and gas industry; 506
(2) Inefficient, excessive, or improper use, or the 508
unnecessary dissipation, of reservoir energy; 509
(3) Inefficient storing of oil or gas; 511
(4) Locating, drilling, equipping, operating, or producing 513
an oil or gas well in a manner that reduces or tends to reduce 514
the quantity of oil or gas ultimately recoverable under prudent 515
and proper operations from the pool into which it is drilled or 516
that causes or tends to cause unnecessary or excessive surface 517
loss or destruction of oil or gas; 518
(5) Other underground or surface waste in the production 520
or storage of oil, gas, or condensate, however caused. 521
(I) "Correlative rights" means the reasonable opportunity 523
to every person entitled thereto to recover and receive the oil 524
and gas in and under the person's tract or tracts, or the 525
equivalent thereof, without having to drill unnecessary wells or 527
incur other unnecessary expense. 528
(J) "Tract" means a single, individually taxed parcel of 530
land appearing on the tax list. 531
(K) "Owner," unless referring to a mine, means the person 533
who has the right to drill on a tract or drilling unit, to drill 535
into and produce from a pool, and to appropriate the oil or gas 536
produced therefrom either for the person or for others, except 538
that a person ceases to be an owner with respect to a well when
the well has been plugged in accordance with applicable rules 539
adopted and orders issued under this chapter. 540
(L) "Royalty interest" means the fee holder's share in the 543
production from a well.
(M) "Discovery well" means the first well capable of 545
producing oil or gas in commercial quantities from a pool. 546
(N) "Prepared clay" means a clay that is plastic and is 548
thoroughly saturated with fresh water to a weight and consistency 549
great enough to settle through saltwater in the well in which it 550
is to be used, except as otherwise approved by the chief of the 551
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division of oil and gas MINERAL RESOURCES MANAGEMENT. 552
(O) "Rock sediment" means the combined cutting and residue 554
from drilling sedimentary rocks and formation. 555
(P) "Excavations and workings," "mine," and "pillar" have 557
the same meanings as in section 1561.01 of the Revised Code. 559
(Q) "Coal bearing township" means a township designated as 561
such by the chief of the division of mines and reclamation under 562
section 1561.06 of the Revised Code. 564
(R) "Gas storage reservoir" means a continuous area of a 566
subterranean porous sand or rock stratum or strata into which gas 567
is or may be injected for the purpose of storing it therein and 568
removing it therefrom and includes a gas storage reservoir as 569
defined in section 1571.01 of the Revised Code. 571
(S) "Safe Drinking Water Act" means the "Safe Drinking 573
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended 575
by the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 576
42 U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 577
1986," 100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking 578
Water Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 580
300(f), and regulations adopted under those acts. 581
(T) "Person" includes any political subdivision, 583
department, agency, or instrumentality of this state; the United 584
States and any department, agency, or instrumentality thereof; 585
and any legal entity defined as a person under section 1.59 of 586
the Revised Code. 587
(U) "Brine" means all saline geological formation water 589
resulting from, obtained from, or produced in connection with the 591
exploration, drilling, or production of oil or gas. 592
(V) "Waters of the state" means all streams, lakes, ponds, 594
marshes, watercourses, waterways, springs, irrigation systems, 595
drainage systems, and other bodies of water, surface or 596
underground, natural or artificial, that are situated wholly or 597
partially within this state or within its jurisdiction, except 598
those private waters that do not combine or effect a junction 599
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with natural surface or underground waters. 600
(W) "Exempt Mississippian well" means a well that meets 602
all of the following criteria: 603
(1) Was drilled and completed before January 1, 1980; 605
(2) Is located in an unglaciated part of the state; 607
(3) Was completed in a reservoir no deeper than the 609
Mississippian Big Injun sandstone in areas underlain by 610
Pennsylvanian or Permian stratigraphy, or the Mississippian berea 611
sandstone in areas directly underlain by Permian stratigraphy; 612
(4) Is used primarily to provide oil or gas for domestic 614
use. 615
(X) "Exempt domestic well" means a well that meets all of 617
the following criteria: 618
(1) Is owned by the owner of the surface estate of the 620
tract on which the well is located; 621
(2) Is used primarily to provide gas for the owner's 623
domestic use; 624
(3) Is located more than two hundred feet horizontal 626
distance from any inhabited private dwelling house other than an 627
inhabited private dwelling house located on the tract on which 628
the well is located; 629
(4) Is located more than two hundred feet horizontal 631
distance from any public building that may be used as a place of 632
resort, assembly, education, entertainment, lodging, trade, 633
manufacture, repair, storage, traffic, or occupancy by the 634
public. 635
Sec. 1509.02. There is hereby created in the department of 644
natural resources the division of oil and gas MINERAL RESOURCES 645
MANAGEMENT, which shall be administered by the chief of the 647
division of oil and gas MINERAL RESOURCES MANAGEMENT. 648
The chief shall not hold any other public office, nor shall 650
the chief be engaged in any occupation or business that might 651
interfere with or be inconsistent with the duties as chief. 652
All moneys collected by the chief pursuant to sections 654
15
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222, 655
ninety per cent of moneys received by the treasurer of state from 656
the tax levied in divisions (A)(5) and (6) of section 5749.02, 657
all civil penalties paid under section 1509.33, and, 659
notwithstanding any section of the Revised Code relating to the 660
distribution or crediting of fines for violations of the Revised 661
Code, all fines imposed under divisions (A) and (B) of section 662
1509.99 of the Revised Code and fines imposed under divisions (C) 663
and (D) of section 1509.99 of the Revised Code for all violations 664
prosecuted by the attorney general and for violations prosecuted 665
by prosecuting attorneys that do not involve the transportation 666
of brine by vehicle shall be deposited into the state treasury to 667
the credit of the oil and gas well fund, which is hereby created. 668
Fines imposed under divisions (C) and (D) of section 1509.99 of 669
the Revised Code for violations prosecuted by prosecuting 670
attorneys that involve the transportation of brine by vehicle 671
shall be paid to the county treasury of the county where the 672
violation occurred.
The fund shall be used for the purposes enumerated in 674
division (B) of section 1509.071 of the Revised Code, for the 675
expenses of the division associated with the administration of 676
the "Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 677
3301, and for the division's other functions. The expenses of 678
the division in excess of the moneys available in the fund shall 679
be paid from general revenue fund appropriations to the 680
department.
Sec. 1509.03. The chief of the division of oil and gas 689
MINERAL RESOURCES MANAGEMENT shall make, adopt, repeal, rescind, 691
and amend, in accordance with sections 119.01 to 119.13 CHAPTER 693
119. of the Revised Code, rules for the administration, 695
implementation, and enforcement of Chapter 1509. of the Revised 696
Code THIS CHAPTER. No person shall violate any rule of the chief 698
adopted under this chapter.
Any order issuing, denying, or modifying a permit or 700
16
notices required to be made by the chief pursuant to Chapter 701
1509. of the Revised Code THIS CHAPTER shall be made in 702
compliance with the provisions of sections 119.01 to 119.13 704
CHAPTER 119. of the Revised Code, except that personal service 706
may be used in lieu of service by mail. Every order issuing, 707
denying, or modifying a permit under Chapter 1509. of the Revised 708
Code THIS CHAPTER and described as such shall be considered an 710
adjudication order for purposes of sections 119.01 to 119.13 711
CHAPTER 119. of the Revised Code.
Where notice to the owners is required by Chapter 1509. of 713
the Revised Code such THIS CHAPTER, THE notice shall be given as 714
prescribed by a rule adopted by the chief to govern the giving of 716
notices. Such rule shall provide for notice by publication 717
except in those cases where other types of notice are necessary 718
in order to meet the requirements of the law. 719
The chief or his THE CHIEF'S authorized representative may 721
at any time enter upon lands, public or private, for the purpose 722
of administration or enforcement of Chapter 1509. of the Revised 723
Code THIS CHAPTER, the rules ADOPTED or orders made thereunder, 725
or terms or conditions of permits or registration certificates 726
issued thereunder and may examine and copy records pertaining to 727
the drilling, conversion, or operation of a well for injection of 728
fluids and logs required by division (C) of section 1509.223 of 729
the Revised Code. No person shall prevent or hinder the chief or 730
his THE CHIEF'S authorized representative in the performance of 731
his OFFICIAL duties. If entry is prevented or hindered, the 732
chief or his THE CHIEF'S authorized representative may apply for, 735
and the court of common pleas may issue, an appropriate 736
inspection warrant necessary to achieve the purposes of this 737
chapter within the court's territorial jurisdiction.
The chief may issue orders to enforce this chapter, rules 739
adopted thereunder, and terms or conditions of permits issued 740
thereunder. Any such order shall be considered an adjudication 741
order for the purposes of Chapter 119. of the Revised Code. No 742
17
person shall violate any order of the chief issued under this 743
chapter. No person shall violate a term or condition of a permit 744
or registration certificate issued under the THIS chapter. 745
Orders of the chief denying, suspending, or revoking a 747
registration certificate; approving or denying approval of an 748
application for revision of a registered transporter's plan for 749
disposal; or to implement, administer, or enforce division (A) of 750
section 1509.224 and sections 1509.22, 1509.222, 1509.223, 751
1509.225, and 1509.226 of the Revised Code pertaining to the 752
transportation of brine by vehicle and the disposal of brine so 753
transported are not adjudication orders for purposes of Chapter 754
119. of the Revised Code. The chief shall issue such orders 755
under division (A) or (B) of section 1509.224 of the Revised 756
Code, as appropriate. 757
Sec. 1509.04. In both coal-bearing and noncoal-bearing 766
townships, the THE chief of the division of oil and gas MINERAL 768
RESOURCES MANAGEMENT, or his THE CHIEF'S authorized 769
representatives, shall enforce the provisions of Chapter 1509. of 770
the Revised Code THIS CHAPTER and the rules, terms and conditions 772
of permits and registration certificates, and orders ADOPTED OR 773
issued pursuant thereto, except that any "peace officer," as 774
defined in section 2935.01 of the Revised Code, may arrest for 775
violations of this chapter involving transportation of brine by 776
vehicle. The prosecuting attorney of the county or the attorney 777
general, upon the request of the chief, may apply to the court of 778
common pleas in the county in which any of the provisions of 779
Chapter 1509. of the Revised Code THIS CHAPTER or any rules, 780
terms or conditions of a permit or registration certificate, or 782
orders ADOPTED OR issued pursuant to Chapter 1509. of the Revised 784
Code THIS CHAPTER are being violated for a temporary restraining 786
order, preliminary injunction, or permanent injunction 787
restraining any person from such violation. 788
In a coal-bearing township, the chief of the division of 790
mines and reclamation, or his authorized representatives, shall 792
18
enforce sections 1509.09, 1509.12, 1509.13, 1509.14, 1509.15,
1509.17, and 1509.18 of the Revised Code and the rules adopted 793
and terms and conditions of permits and orders issued pursuant 794
thereto. The prosecuting attorney of the county or the attorney 795
general, upon the request of the chief of the division of mines 796
and reclamation, may apply to the court of common pleas in the 798
county in which section 1509.09, 1509.12, 1509.13, 1509.14, 799
1509.15, 1509.17, or 1509.18 of the Revised Code, or any rules 800
adopted or terms or conditions of permits or orders issued 801
pursuant thereto are being violated for a temporary restraining 802
order, preliminary injunction, or permanent injunction 803
restraining any person from such violation.
Sec. 1509.05. No person shall drill a new well, drill an 812
existing well any deeper, reopen a well, convert a well to any 813
use other than its original purpose, or plug back a well to a 814
source of supply different from the existing pool, without having 815
a permit to do so issued by the chief of the division of oil and 816
gas MINERAL RESOURCES MANAGEMENT, and until the original permit 817
or a photostatic copy thereof is posted or displayed in a 818
conspicuous and easily accessible place at the well site, with 819
the name, current address, and telephone number of the permit
holder and the telephone numbers for fire and emergency medical 820
services maintained on the posted permit or copy. The permit or 821
a copy shall be continuously displayed in such manner at all 822
times during the work authorized by the permit. 823
Such permit shall be issued by the chief in accordance with 825
Chapter 1509. of the Revised Code THIS CHAPTER and shall be valid 827
for twelve months.
Sec. 1509.06. An application for a permit to drill a new 836
well, drill an existing well deeper, reopen a well, convert a 837
well to any use other than its original purpose, or plug back a 838
well to a different source of supply shall be filed with the 839
chief of the division of oil and gas MINERAL RESOURCES MANAGEMENT 841
upon such form as the chief prescribes and shall contain each of 842
19
the following that is applicable:
(A) The name and address of the owner and, if a 844
corporation, the name and address of the statutory agent; 845
(B) The signature of the owner or the owner's authorized 847
agent. When an authorized agent signs an application, it shall 849
be accompanied by a certified copy of the appointment as such 850
agent. 851
(C) The names and addresses of all persons holding the 853
royalty interest in the tract upon which the well is located or 854
is to be drilled or within a proposed drilling unit; 855
(D) The location of the tract or drilling unit on which 857
the well is located or is to be drilled identified by section or 858
lot number, city, village, township, and county; 859
(E) Designation of the well by name and number; 861
(F) The geological formation to be tested or used and the 863
proposed total depth of the well; 864
(G) The type of drilling equipment to be used; 866
(H) If the well is for the injection of a liquid, identity 868
of the geological formation to be used as the injection zone and 869
the composition of the liquid to be injected; 870
(I) A sworn statement that all requirements of any 872
municipal corporation, county, or township having jurisdiction 873
over any activity related to the drilling or operation of an oil 874
or gas well that have been filed with the division of oil and gas 875
MINERAL RESOURCES MANAGEMENT and are in effect at the time the 876
application is filed, including, but not limited to, zoning 878
ordinances and resolutions and the requirements of section 879
4513.34 of the Revised Code, will be complied with until 880
abandonment of the well;
(J) A plan for restoration of the land surface disturbed 882
by drilling operations. The plan shall provide for compliance 883
with the restoration requirements of division (A) of section 884
1509.072 of the Revised Code and any rules adopted by the chief 885
pertaining to that restoration. 886
20
(K) A description by name or number of the county, 888
township, and municipal corporation roads, streets, and highways 889
that the applicant anticipates will be used for access to and 890
egress from the well site; 891
(L) Such other relevant information as the chief 893
prescribes by rule. 894
Each application shall be accompanied by a map, on a scale 896
not smaller than four hundred feet to the inch, prepared by an 897
Ohio registered surveyor, showing the location of the well and 898
containing such other data as may be prescribed by the chief. If 899
the well is or is to be located within the excavations and 900
workings of a mine, the map also shall include the location of 901
the mine, the name of the mine, and the name of the person 902
operating the mine. 903
The chief shall cause a copy of the weekly circular 905
prepared by the division to be provided to the county engineer of 907
each county that contains active or proposed drilling activity. 908
The weekly circular shall contain, in the manner prescribed by 909
the chief, the names of all applicants for permits, the location 910
of each well or proposed well, the information required by 911
division (K) of this section, and any additional information the 913
chief prescribes.
The chief shall not issue a permit for at least ten days 916
after the date of filing of the application for the permit 917
unless, upon reasonable cause shown, the chief waives that period 918
or a request for expedited review is filed under this section. 920
However, the chief shall issue a permit within twenty-one days of 921
the filing of the application unless the chief denies the 922
application by order.
An applicant may file a request with the chief for 924
expedited review of a permit application if the well is not or is 927
not to be located in a gas storage reservoir or reservoir
protective area, as "reservoir protective area" is defined in 928
section 1571.01 of the Revised Code. If the well is or is to be 929
21
located in a coal bearing township, the application shall be 930
accompanied by the affidavit of the landowner prescribed in 931
section 1509.08 of the Revised Code. 932
In addition to a complete application for a permit that 934
meets the requirements of this section and the permit fee 935
prescribed by this section, a request for expedited review shall 936
be accompanied by a separate nonrefundable filing fee of five 938
hundred dollars. Upon the filing of a request for expedited 939
review, the chief shall cause the chief of the division of mines
and reclamation and the county engineer of the county in which 941
the well is or is to be located to be notified of the filing of 942
the permit application and the request for expedited review by 943
telephone or other means that in the judgment of the chief will 945
provide timely notice of the application and request. The chief 947
shall issue a permit within seven days of the filing of the
request unless the chief denies the application by order. 948
Notwithstanding the provisions of this section governing 949
expedited review of permit applications, the chief may refuse to 950
accept requests for expedited review if, in the chief's judgment, 952
the acceptance of the requests would prevent the issuance, within 953
twenty-one days of their filing, of permits for which 954
applications are pending. 955
A well shall be drilled and operated in accordance with the 957
plans, sworn statements, and other information submitted in the 958
approved application. 959
The chief shall issue an order denying a permit if the 961
chief finds that there is a substantial risk that the operation 962
will result in violations of this chapter or rules adopted under 964
it that will present an imminent danger to public health or 966
safety or damage to the environment, provided that where the
chief finds that terms or conditions to the permit can reasonably 967
be expected to prevent such violations, the chief shall issue the 968
permit subject to those terms or conditions. 969
Each application for a permit required by section 1509.05 971
22
of the Revised Code, except an application for a well drilled or 972
reopened for purposes of section 1509.22 of the Revised Code, 973
also shall be accompanied by a nonrefundable fee of two hundred 974
fifty dollars. 975
The chief may order the immediate suspension of drilling, 977
operating, or plugging activities after finding that any person 979
is causing, engaging in, or maintaining a condition or activity 980
that in the chief's judgment presents an imminent danger to 982
public health or safety or results in or is likely to result in 984
immediate substantial damage to natural resources or for 985
nonpayment of the fee required by this section. The chief may 986
order the immediate suspension of the drilling or reopening of a 987
well after being so requested by the chief of the division of 989
mines and reclamation under section 1509.08 of the Revised Code 990
IN A COAL BEARING TOWNSHIP AFTER DETERMINING THAT THE DRILLING OR 991
REOPENING ACTIVITIES PRESENT AN IMMINENT AND SUBSTANTIAL THREAT 992
TO PUBLIC HEALTH OR SAFETY OR TO MINERS' HEALTH OR SAFETY. 993
Before issuing any such order, the chief shall notify the owner 994
in such manner as in the chief's judgment would provide 995
reasonable notification that the chief intends to issue a 996
suspension order. The chief may issue such an order without 998
prior notification if reasonable attempts to notify the owner 999
have failed, but in such an event notification shall be given as 1,000
soon thereafter as practical. Within five calendar days after 1,001
the issuance of the order, the chief shall provide the owner an 1,002
opportunity to be heard and to present evidence that the 1,003
condition or activity is not likely to result in immediate 1,004
substantial damage to natural resources or does not present an 1,005
imminent danger to public health or safety OR TO MINERS' HEALTH
OR SAFETY, IF APPLICABLE. IN THE CASE OF ACTIVITIES IN A COAL 1,007
BEARING TOWNSHIP, IF THE CHIEF, AFTER CONSIDERING EVIDENCE 1,008
PRESENTED BY THE OWNER, DETERMINES THAT THE ACTIVITIES DO NOT 1,009
PRESENT SUCH A THREAT, THE CHIEF SHALL REVOKE THE SUSPENSION
ORDER. Notwithstanding any provision of this chapter, the owner 1,010
23
may appeal the A SUSPENSION order directly to the court of common 1,012
pleas of the county in which the activity is located OR, IF IN A 1,014
COAL BEARING TOWNSHIP, TO THE MINE EXAMINING BOARD. 1,015
Sec. 1509.061. An owner of a well who has been issued a 1,024
permit under section 1509.06 of the Revised Code may submit to 1,025
the chief of the division of oil and gas MINERAL RESOURCES 1,026
MANAGEMENT, on a form prescribed by the chief, a request to 1,028
revise an existing tract upon which exists a producing or idle 1,029
well. The chief shall adopt, and may amend and rescind, rules 1,030
under section 1509.03 of the Revised Code that are necessary for 1,031
the administration of this section. The rules at least shall 1,032
stipulate the information to be included on the request form and 1,033
shall establish a fee to be paid by the person submitting the 1,034
request, which fee shall not exceed two hundred fifty dollars. 1,035
The chief shall approve a request submitted under this 1,037
section unless it would result in a violation of this chapter or 1,038
rules adopted under it, including provisions establishing spacing 1,039
or minimum acreage requirements. 1,040
Sec. 1509.07. An owner of any well, except an exempt 1,049
Mississippian well or an exempt domestic well, shall obtain 1,050
liability insurance coverage from a company authorized to do 1,052
business in this state in an amount of not less than three 1,053
hundred thousand dollars bodily injury coverage and three hundred 1,054
thousand dollars property damage coverage to pay damages for 1,055
injury to persons or damage to property caused by the drilling, 1,056
operation, or plugging of all the owner's wells in this state. 1,057
The owner shall maintain that coverage until all the owner's 1,058
wells are plugged and abandoned as required by law. The owner 1,060
shall provide proof of liability insurance coverage to the chief 1,061
of the division of oil and gas MINERAL RESOURCES MANAGEMENT upon 1,062
request. Upon failure of the owner to provide that proof when 1,064
requested, the chief may order the suspension of any outstanding 1,066
permits and operations of the owner until the owner provides 1,067
proof of the required insurance coverage.
24
Except as otherwise provided in this section, an owner of 1,069
any well, before being issued a permit under section 1509.06 of 1,071
the Revised Code, shall execute and file with the division of oil 1,072
and gas MINERAL RESOURCES MANAGEMENT a surety bond conditioned on 1,073
compliance with the restoration requirements of section 1509.072, 1,075
the plugging requirements of section 1509.12, the permit 1,076
provisions of section 1509.13 of the Revised Code, and all rules 1,077
and orders of the chief relating thereto, in an amount set by 1,078
rule of the chief.
The owner may deposit with the chief, instead of a surety 1,080
bond, cash in an amount equal to the surety bond as prescribed 1,081
pursuant to this section or negotiable certificates of deposit or 1,082
irrevocable letters of credit, issued by any bank organized or 1,085
transacting business in this state or by any savings and loan 1,086
association as defined in section 1151.01 of the Revised Code, 1,087
having a cash value equal to or greater than the amount of the 1,088
surety bond as prescribed pursuant to this section. Cash or 1,089
certificates of deposit shall be deposited upon the same terms as 1,091
those upon which surety bonds may be deposited. If certificates 1,092
of deposit are deposited with the chief instead of a surety bond, 1,093
the chief shall require the bank or savings and loan association 1,095
that issued any such certificate to pledge securities of a cash 1,096
value equal to the amount of the certificate that is in excess of 1,097
the amount insured by any of the agencies and instrumentalities 1,098
created under the "Federal Deposit Insurance Act," 64 Stat. 873 1,099
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under 1,100
it, including at least the federal deposit insurance corporation, 1,102
bank insurance fund, and savings association insurance fund. The 1,103
securities shall be security for the repayment of the certificate 1,104
of deposit.
Immediately upon a deposit of cash, certificates of 1,107
deposit, or letters of credit with the chief, the chief shall 1,108
deliver them to the treasurer of state who shall hold them in 1,109
trust for the purposes for which they have been deposited. 1,110
25
Instead of a surety bond, the chief may accept proof of 1,112
financial responsibility consisting of a sworn financial 1,113
statement showing a net financial worth within this state equal 1,114
to twice the amount of the bond for which it substitutes and, as 1,115
may be required by the chief, a list of producing properties of 1,116
the owner within this state or other evidence showing ability and 1,118
intent to comply with the law and rules concerning restoration 1,119
and plugging that may be required by rule of the chief. The 1,120
owner of an exempt domestic or exempt Mississippian well is not 1,121
required to file scheduled updates of the financial documents,
but shall file updates of those documents if requested to do so 1,122
by the chief. The owner of a nonexempt domestic or nonexempt 1,123
Mississippian well shall file updates of the financial documents 1,124
in accordance with a schedule established by rule of the chief. 1,125
The chief, upon determining that an owner for whom the chief has 1,126
accepted proof of financial responsibility instead of bond cannot 1,127
demonstrate financial responsibility, shall order that the owner 1,128
execute and file a bond or deposit cash, certificates of deposit, 1,130
or irrevocable letters of credit as required by this section for
the wells specified in the order within ten days of receipt of 1,132
the order. If the order is not complied with, all wells of the 1,133
owner that are specified in the order and for which no bond is 1,134
filed or cash, certificates of deposit, or letters of credit are 1,135
deposited shall be plugged. No owner shall fail or refuse to 1,137
plug such a well. Each day on which such a well remains 1,138
unplugged thereafter constitutes a separate offense.
The surety bond provided for in this section shall be 1,140
executed by a surety company authorized to do business in this 1,141
state. 1,142
The chief shall not approve any bond until it is personally 1,144
signed and acknowledged by both principal and surety, or as to 1,145
either by the principal's or surety's attorney in fact, with a 1,147
certified copy of the power of attorney attached thereto. The 1,148
chief shall not approve a bond unless there is attached a 1,149
26
certificate of the superintendent of insurance that the company 1,150
is authorized to transact a fidelity and surety business in this 1,151
state.
All bonds shall be given in a form to be prescribed by the 1,153
chief and shall run to the state as obligee. 1,154
An owner of an exempt Mississippian well or an exempt 1,157
domestic well, in lieu of filing a surety bond, cash in an amount 1,159
equal to the surety bond, certificates of deposit, irrevocable 1,160
letters of credit, or a sworn financial statement, may file a 1,161
one-time fee of fifty dollars, which shall be deposited in the 1,162
oil and gas well plugging fund created in section 1509.071 of the 1,163
Revised Code. 1,164
Sec. 1509.071. (A) When the chief of the division of oil 1,173
and gas MINERAL RESOURCES MANAGEMENT finds that an owner has 1,174
failed to comply with the restoration requirements of section 1,176
1509.072, plugging requirements of section 1509.12, or permit 1,177
provisions of section 1509.13 of the Revised Code, or rules and 1,178
orders relating thereto, the chief shall make a finding of that 1,180
fact and declare any surety bond filed to ensure compliance with 1,181
those sections and rules forfeited in the amount set by rule of 1,182
the chief. The chief thereupon shall certify the total 1,183
forfeiture to the attorney general, who shall proceed to collect 1,184
the amount of the forfeiture.
In lieu of total forfeiture, the surety, at its option, may 1,186
cause the well to be properly plugged and abandoned and the area 1,187
properly restored or pay to the treasurer of state the cost of 1,189
plugging and abandonment.
(B) All moneys collected because of forfeitures of bonds 1,192
as provided in this section shall be deposited in the state 1,193
treasury to the credit of the oil and gas well fund created in 1,194
section 1509.02 of the Revised Code. The fund shall be expended 1,196
by the chief for the following purposes in addition to the other 1,197
purposes specified in that section: 1,198
(1) In accordance with division (D) of this section, to 1,200
27
plug wells or to restore the land surface properly as required in 1,204
section 1509.072 of the Revised Code for which the bonds have 1,205
been forfeited, for abandoned wells for which no funds are 1,206
available to plug the wells in accordance with this chapter, or 1,208
to use abandoned wells for the injection of oil or gas production 1,210
wastes;
(2) In accordance with division (E) of this section, to 1,212
correct conditions that the chief reasonably has determined are 1,214
causing imminent health or safety risks. 1,215
Expenditures from the fund shall be made only for lawful 1,217
purposes. 1,218
(C)(1) Upon determining that the owner of a well has 1,221
failed to properly plug and abandon it or to properly restore the 1,222
land surface at the well site in compliance with the applicable 1,223
requirements of this chapter and applicable rules adopted and 1,224
orders issued under it or that a well is an abandoned well for 1,225
which no funds are available to plug the well in accordance with 1,226
this chapter, the chief shall do all of the following: 1,227
(a) Determine from the records in the office of the county 1,230
recorder of the county in which the well is located the identity 1,231
of the owner of the land on which the well is located, the
identity of the owner of the oil or gas lease under which the 1,232
well was drilled or the identity of each person owning an 1,233
interest in the lease, and the identities of the persons having 1,234
legal title to, or a lien upon, any of the equipment appurtenant 1,235
to the well; 1,236
(b) Mail notice to the owner of the land on which the well 1,239
is located informing the landowner that the well is to be 1,240
plugged. If the owner of the oil or gas lease under which the 1,241
well was drilled is different from the owner of the well or if
any persons other than the owner of the well own interests in the 1,242
lease, the chief also shall mail notice that the well is to be 1,243
plugged to the owner of the lease or to each person owning an 1,244
interest in the lease, as appropriate.
28
(c) Mail notice to each person having legal title to, or a 1,247
lien upon, any equipment appurtenant to the well, informing the 1,248
person that the well is to be plugged and offering the person the 1,249
opportunity to plug the well and restore the land surface at the 1,250
well site at the person's own expense in order to avoid 1,251
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 1,254
of this section plugs the well within sixty days after the 1,255
mailing of the notice required by that division, all equipment 1,256
appurtenant to the well is hereby declared to be forfeited to 1,257
this state without compensation and without the necessity for any 1,259
action by the state for use to defray the cost of plugging and 1,260
abandoning the well and restoring the land surface at the well 1,261
site.
(D) Expenditures from the fund for the purpose of division 1,263
(B)(1) of this section shall be made in accordance with either of 1,265
the following:
(1) The expenditures may be made pursuant to contracts 1,267
entered into by the chief with persons who agree to furnish all 1,269
of the materials, equipment, work, and labor as specified and 1,270
provided in such a contract. Agents or employees of persons 1,271
contracting with the chief for the restoration, plugging, and 1,272
injection projects may enter upon any land, public or private, 1,273
for which a project has been approved by the controlling board 1,274
and on which the well is located, for the purpose of performing 1,275
the work. Prior to such entry, the chief shall give to the 1,276
following persons written notice of the existence of a contract 1,277
for a project to restore, plug, or inject oil or gas production 1,278
wastes into a well, the names of the persons with whom the 1,279
contract is made, and the date that the project will commence: 1,280
the owner of the well, the owner of the land upon which the well 1,281
is located, the owner or agents of adjoining land, and, if the 1,282
well is located in the same township as or in a township adjacent 1,283
to the excavations and workings of a mine and the owner or lessee 1,284
29
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 1,285
preceding three years, the owner or lessee of the mine. 1,286
The chief periodically shall submit project proposals under 1,288
division (D)(1) of this section to the controlling board, 1,290
together with benefit and cost data and other pertinent 1,291
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 1,293
plugging, or injection projects that are approved by the 1,294
controlling board, and expenditures for a particular project may 1,295
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 1,298
who has received notice under division (C)(1)(b) of this section 1,299
may plug the well and be reimbursed by the division for the 1,300
reasonable cost of plugging the well. In order to plug the well, 1,301
the landowner shall submit an application to the chief on a form 1,302
prescribed by the chief and approved by the technical advisory 1,303
council on oil and gas created in section 1509.38 of the Revised 1,305
Code. The application, at a minimum, shall require the landowner 1,306
to provide the same information as is required to be included in 1,307
the application for a permit to plug and abandon under section 1,308
1509.13 of the Revised Code. The application shall be 1,309
accompanied by a copy of a proposed contract to plug the well 1,310
prepared by a contractor regularly engaged in the business of 1,311
plugging oil and gas wells. The proposed contract shall require 1,312
the contractor to furnish all of the materials, equipment, work, 1,313
and labor necessary to plug the well properly and shall specify 1,315
the price for doing the work, including a credit for the 1,316
equipment appurtenant to the well that was forfeited to the state 1,317
through the operation of division (C)(2) of this section. The 1,318
application also shall be accompanied by the permit fee required 1,319
by section 1509.13 of the Revised Code unless the chief, in the 1,320
chief's discretion, waives payment of the permit fee. The 1,321
application constitutes an application for a permit to plug and 1,322
30
abandon the well for the purposes of section 1509.13 of the 1,323
Revised Code. 1,324
(b) Within thirty days after receiving an application and 1,327
accompanying proposed contract under division (D)(2)(a) of this 1,329
section, the chief shall determine whether the plugging would 1,330
comply with the applicable requirements of this chapter and 1,331
applicable rules adopted and orders issued under it and whether 1,332
the cost of the plugging under the proposed contract is 1,333
reasonable. If the chief determines that the proposed plugging 1,335
would comply with those requirements and that the proposed cost 1,336
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 1,337
permit to plug and abandon the well under section 1509.13 of the 1,338
Revised Code. Upon approval of the application and proposed 1,340
contract, the chief shall transfer ownership of the equipment 1,341
appurtenant to the well to the landowner. The chief may 1,342
disapprove an application submitted under division (D)(2)(a) of 1,344
this section if the chief determines that the proposed plugging 1,345
would not comply with the applicable requirements of this chapter 1,346
and applicable rules adopted and orders issued under it, that the 1,347
cost of the plugging under the proposed contract is unreasonable, 1,348
or that the proposed contract is not a bona fide, arms length 1,349
contract.
(c) After receiving the chief's notice of the approval of 1,352
the application and permit to plug and abandon a well under 1,353
division (D)(2)(b) of this section, the landowner shall enter 1,354
into the proposed contract to plug the well. The plugging shall 1,355
be completed within one hundred eight days after the landowner 1,356
receives the notice of approval and permit. 1,357
(d) Upon determining that the plugging has been completed 1,360
within the time required by division (D)(2)(c) of this section 1,362
and has been completed in compliance with the applicable 1,363
requirements of this chapter and applicable rules adopted and 1,364
orders issued under it, the chief shall reimburse the landowner 1,365
31
for the cost of the plugging as set forth in the proposed 1,366
contract approved by the chief. The reimbursement shall be paid 1,367
from the oil and gas well fund. If the chief determines that the 1,368
plugging was not completed within the required time or was not 1,369
completed in accordance with the applicable requirements, the 1,370
chief shall not reimburse the landowner for the cost of the 1,371
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 1,373
possession of the equipment appurtenant to the well that 1,375
previously was transferred to the landowner under division 1,376
(D)(2)(b) of this section. If any such equipment was removed 1,377
from the well during the plugging and sold, the landowner shall 1,378
pay to the chief the proceeds from the sale of the equipment, and 1,379
the chief promptly shall pay the moneys so received to the 1,380
treasurer of state for deposit into the oil and gas well fund. 1,381
The chief may establish an annual limit on the number of 1,383
wells that may be plugged under division (D)(2) of this section 1,385
or an annual limit on the expenditures to be made under that 1,386
division.
As used in division (D)(2) of this section, "plug" and 1,390
"plugging" include the plugging of the well and the restoration 1,391
of the land surface disturbed by the plugging.
(E) Expenditures from the oil and gas well fund for the 1,393
purpose of division (B)(2) of this section may be made pursuant 1,395
to contracts entered into by the chief with persons who agree to 1,396
furnish all of the materials, equipment, work, and labor as 1,397
specified and provided in such a contract. The competitive
bidding requirements of Chapter 153. of the Revised Code do not 1,398
apply if the chief reasonably determines that correction of the 1,399
applicable health or safety risk requires immediate action. The 1,400
chief, designated representatives of the chief, and agents or 1,401
employees of persons contracting with the chief under this 1,402
division may enter upon any land, public or private, for the 1,403
purpose of performing the work. 1,404
32
(F) Contracts entered into by the chief under this section 1,407
are not subject to either of the following: 1,408
(1) Chapter 4115. of the Revised Code; 1,410
(2) Section 153.54 of the Revised Code, except that the 1,413
contractor shall obtain and provide to the chief as a bid 1,414
guaranty a surety bond or letter of credit in an amount equal to 1,415
ten per cent of the amount of the contract. 1,416
(G) The owner of land on which a well is located who has 1,419
received notice under division (C)(1)(b) of this section, in lieu 1,422
of plugging the well in accordance with division (D)(2) of this 1,423
section, may cause ownership of the well to be transferred to an 1,424
owner who is lawfully doing business in this state and who has 1,425
met the financial responsibility requirements established under 1,426
section 1509.07 of the Revised Code, subject to the approval of 1,429
the chief. The transfer of ownership also shall be subject to 1,430
the landowner's filing the appropriate forms required under this 1,431
chapter and providing to the chief sufficient information to 1,432
demonstrate the landowner's or owner's right to produce a
formation or formations. That information may include a deed, a 1,433
lease, or other documentation of ownership or property rights. 1,435
The chief shall approve or disapprove the transfer of 1,437
ownership of the well. If the chief approves the transfer, the 1,438
owner is responsible for operating the well in accordance with 1,439
this chapter and rules adopted under it, including, without 1,440
limitation, all of the following: 1,441
(1) Filing an application with the chief under section 1,443
1509.06 of the Revised Code if the owner intends to drill deeper 1,446
or produce a formation that is not listed in the records of the 1,447
division for that well;
(2) Taking title to and possession of the equipment 1,449
appurtenant to the well that has been identified by the chief as 1,450
having been abandoned by the former owner; 1,451
(3) Complying with all applicable requirements that are 1,454
necessary to drill deeper, plug the well, or plug back the well. 1,455
33
Sec. 1509.072. No oil or gas well owner or agent of an oil 1,464
or gas well owner shall fail to restore the land surface within 1,465
the area disturbed in siting, drilling, completing, and producing 1,466
the well as required in this section. 1,467
(A) Within five months after the date upon which the 1,469
surface drilling of a well is commenced, the owner or the owner's 1,471
agent, in accordance with the restoration plan filed under 1,473
division (J) of section 1509.06 of the Revised Code, shall fill 1,475
all the pits for containing brine, other waste substances 1,476
resulting, obtained, or produced in connection with exploration 1,477
or drilling for, or production of, oil or gas, or oil that are 1,478
not required by other state or federal law or regulation, and 1,481
remove all concrete bases, drilling supplies, and drilling 1,482
equipment. Within nine months after the date upon which the 1,483
surface drilling of a well is commenced, the owner or the owner's 1,484
agent shall grade or terrace and plant, seed, or sod the area 1,486
disturbed that is not required in production of the well where 1,487
necessary to bind the soil and prevent substantial erosion and 1,488
sedimentation. If the chief of the division of oil and gas 1,489
MINERAL RESOURCES MANAGEMENT finds that a pit used for containing 1,490
brine, other waste substances, or oil is in violation of section 1,491
1509.22 of the Revised Code or rules adopted or orders issued 1,492
under it, the chief may require the pit to be emptied and closed 1,495
before expiration of the five-month restoration period.
(B) Within six months after a well that has produced oil 1,497
or gas is plugged, or after the plugging of a dry hole, the owner 1,498
or the owner's agent shall remove all production and storage 1,499
structures, supplies, and equipment, and any oil, salt water, and 1,501
debris, and fill any remaining excavations. Within that period 1,502
the owner or the owner's agent shall grade or terrace and plant, 1,504
seed, or sod the area disturbed where necessary to bind the soil 1,506
and prevent substantial erosion and sedimentation. 1,507
The owner shall be released from responsibility to perform 1,509
any or all restoration requirements of this section on any part 1,510
34
or all of the area disturbed upon the filing of a request for a 1,511
waiver with and obtaining the written approval of the chief, 1,512
which request shall be signed by the surface owner to certify the 1,513
approval of the surface owner of the release sought. The chief 1,514
shall approve the request unless the chief finds upon inspection 1,517
that the waiver would be likely to result in substantial damage 1,518
to adjoining property, substantial contamination of surface or 1,519
underground water, or substantial erosion or sedimentation. 1,520
The chief, by order, may shorten the time periods provided 1,522
for under division (A) or (B) of this section if failure to 1,523
shorten the periods would be likely to result in damage to public 1,524
health or the waters or natural resources of the state. 1,525
The chief, upon written application by an owner or an 1,527
owner's agent showing reasonable cause, may extend the period 1,528
within which restoration shall be completed under divisions (A) 1,530
and (B) of this section, but not to exceed a further six-month 1,531
period, except under extraordinarily adverse weather conditions 1,532
or when essential equipment, fuel, or labor is unavailable to the 1,533
owner or the owner's agent. 1,534
If the chief refuses to approve a request for waiver or 1,536
extension, the chief shall do so by order. 1,537
Sec. 1509.08. Upon receipt of an application for a permit 1,546
required by section 1509.05 of the Revised Code, or upon receipt 1,547
of an application for a permit to plug and abandon under section 1,548
1509.13 of the Revised Code, the chief of the division of oil and 1,549
gas MINERAL RESOURCES MANAGEMENT shall determine whether the well 1,550
is or is to be located in a coal bearing township. 1,553
Whether or not the well is or is to be located in a coal 1,555
bearing township, the chief, by order, may refuse to issue a 1,556
permit required by section 1509.05 of the Revised Code to any 1,557
applicant who at the time of applying for the permit is in 1,558
material or substantial violation of this chapter or rules 1,559
adopted or orders issued under it. The chief shall refuse to 1,561
issue a permit to any applicant who at the time of applying for 1,562
35
the permit has been found liable by a final nonappealable order 1,563
of a court of competent jurisdiction for damage to streets, 1,564
roads, highways, bridges, culverts, or drainways pursuant to 1,565
section 4513.34 or 5577.12 of the Revised Code until the 1,566
applicant provides the chief with evidence of compliance with the 1,567
order. No applicant shall attempt to circumvent this provision 1,568
by applying for a permit under a different name or business 1,569
organization name, by transferring responsibility to another 1,570
person or entity, by abandoning the well or lease, or by any 1,571
other similar act. 1,572
If the well is not or is not to be located in a coal 1,574
bearing township, or if it is to be located in a coal bearing 1,575
township, but the landowner submits an affidavit attesting to 1,577
ownership of the property in fee simple, including the coal, and 1,578
has no objection to the well, the chief shall issue the permit.
If the application to drill, reopen, or convert concerns a 1,580
well that is or is to be located in a coal bearing township, the 1,582
chief of the division of oil and gas shall transmit to the chief 1,583
of the division of mines and reclamation two copies of the 1,584
application and three copies of the map required in section 1,585
1509.06 of the Revised Code, except that, when the affidavit with 1,586
the waiver of objection described in the preceding paragraph is 1,587
submitted, the chief of the division of oil and gas shall not 1,588
transmit the copies. 1,589
The chief of the division of mines and reclamation 1,591
immediately shall notify the owner or lessee of any affected mine 1,592
that the application has been filed and send to the owner or 1,594
lessee two copies of the map accompanying the application setting 1,595
forth the location of the well. 1,596
If the owner or lessee objects to the location of the well 1,598
or objects to any location within fifty feet of the original 1,599
location as a possible site for relocation of the well, the owner 1,600
or lessee shall notify the chief of the division of mines and 1,601
reclamation of the objection, giving the reasons for the 1,603
36
objection and, if applicable, indicating on a copy of the map the 1,604
particular location or locations within fifty feet of the 1,606
original location to which the owner or lessee objects as a site 1,607
for possible relocation of the well, within six days after the 1,608
receipt of the notice. If the chief of the division of mines and
reclamation receives no objections from the owner or lessee of 1,609
the mine within ten days after the receipt of the notice by the 1,610
owner or lessee, or if in the opinion of the chief of the 1,611
division of mines and reclamation the objections offered by the 1,612
owner or lessee are not sufficiently well founded, the chief 1,614
immediately shall notify the owner or lessee of those findings. 1,615
The owner or lessee may appeal the decision of the chief of the 1,616
division of mines and reclamation to the mine examining board 1,619
created under section 1561.10 of the Revised Code. The appeal 1,620
shall be filed within fifteen days from the date on which the 1,621
owner or lessee receives the notice. If the appeal is not filed 1,622
within that time, the chief of the division of mines and 1,623
reclamation immediately shall approve the application, retain a 1,625
copy of the application and map, and return a copy of the 1,626
application to the chief of the division of oil and gas with the 1,627
approval noted on it. The chief of the division of oil and gas 1,630
then shall AND issue the permit if the provisions of this chapter 1,631
pertaining to the issuance of such a permit have been complied 1,632
with. 1,633
If the chief of the division of mines and reclamation 1,635
receives an objection from the owner or lessee of the mine as to 1,637
the location of the well within ten days after receipt of the 1,638
notice by the owner or lessee, and if in the opinion of the chief 1,639
the objection is well founded, the chief shall disapprove the 1,640
application and immediately return it to the chief of the 1,642
division of oil and gas together with the reasons for disapproval 1,643
and a suggestion for SUGGEST a new location for the well, 1,644
provided that the suggested new location shall not be a location 1,645
within fifty feet of the original location to which the owner or 1,646
37
lessee has objected as a site for possible relocation of the well 1,647
if the chief has determined that the objection is well founded. 1,648
The chief of the division of oil and gas immediately shall notify 1,649
the applicant for the permit of the disapproval and any 1,651
suggestion made by the chief of the division of mines and 1,652
reclamation as to a new location for the well. The applicant may 1,653
withdraw the application or amend the application to drill the 1,655
well at the location suggested by the chief of the division of 1,656
mines and reclamation, or the applicant may appeal the 1,657
disapproval of the application by the chief of the division of 1,658
mines and reclamation to the mine examining board. 1,660
If the chief of the division of mines and reclamation 1,662
receives no objection from the owner or lessee of a mine as to 1,664
the location of the well, but does receive an objection from the 1,665
owner or lessee as to one or more locations within fifty feet of 1,666
the original location as possible sites for relocation of the 1,667
well within ten days after receipt of the notice by the owner or 1,668
lessee, and if in the opinion of the chief the objection is well 1,669
founded, the chief nevertheless shall approve the application and 1,670
shall return it immediately to the chief of the division of oil 1,672
and gas together with the reasons for disapproving any of the 1,673
locations to which the owner or lessee objects as possible sites 1,674
for relocation of the well. The chief of the division of oil and 1,675
gas then shall issue a permit if the provisions of this chapter 1,676
pertaining to the issuance of such a permit have been complied 1,677
with, incorporating as a term or condition of the permit that the 1,678
applicant is prohibited from commencing drilling at any location 1,679
within fifty feet of the original location that has been 1,680
disapproved by the chief of the division of mines and 1,681
reclamation. The applicant may appeal to the mine examining 1,682
board the terms and conditions of the permit prohibiting the 1,683
commencement of drilling at any such location disapproved by the 1,684
chief of the division of mines and reclamation. 1,685
Any such appeal shall be filed within fifteen days from the 1,687
38
date the applicant receives notice of the disapproval of the 1,688
application, any other location within fifty feet of the original 1,689
location, or terms or conditions of the permit, or the owner or 1,690
lessee receives notice of the chief's decision. No approval or 1,691
disapproval of an application shall be delayed by the chief of 1,692
the division of mines and reclamation for more than fifteen days 1,693
from the date of sending the notice of the application to the 1,695
mine owner or lessee as required by this section. 1,696
All appeals provided for in this section shall be treated 1,698
as expedited appeals. The mine examining board shall hear any 1,699
such appeal in accordance with section 1561.53 of the Revised 1,700
Code and render a decision within thirty days of the filing of 1,702
the appeal.
The chief of the division of oil and gas shall not issue a 1,704
permit to drill a new well or reopen a well that is or is to be 1,706
located within three hundred feet of any opening of any mine used
as a means of ingress, egress, or ventilation for persons 1,707
employed in the mine, nor within one hundred feet of any building 1,709
or inflammable structure connected with the mine and actually 1,711
used as a part of the operating equipment of the mine, unless the
chief of the division of mines and reclamation determines that 1,713
life or property will not be endangered by drilling and operating 1,715
the well in that location. 1,716
The chief of the division of mines and reclamation may 1,718
suspend the drilling or reopening of a well in a coal bearing 1,719
township after determining that the drilling or reopening 1,720
activities present an imminent and substantial threat to public 1,721
health or safety or to miners' health or safety and having been 1,722
unable to contact the chief of the division of oil and gas to 1,724
request an order of suspension under section 1509.06 of the 1,725
Revised Code. Before issuing a suspension order for this 1,726
purpose, the chief of the division of mines and reclamation shall 1,727
notify the owner in a manner that in the chief's judgment would 1,729
provide reasonable notification that the chief intends to issue a 1,730
39
suspension order. The chief may issue such an order without 1,731
prior notification if reasonable attempts to notify the owner 1,732
have failed, but in that event notification shall be given as 1,733
soon thereafter as practical. Within five calendar days after 1,734
the issuance of the order, the chief shall provide the owner an 1,735
opportunity to be heard and to present evidence that the
activities do not present an imminent and substantial threat to 1,736
public health or safety or to miners' health or safety. If, 1,737
after considering the evidence presented by the owner, the chief 1,738
determines that the activities do not present such a threat, the 1,739
chief shall revoke the suspension order. An owner may appeal a 1,740
suspension order issued by the chief of the division of mines and 1,741
reclamation under this section to the mine examining board or may 1,742
appeal the order directly to the court of common pleas of the 1,743
county in which the well is located.
Sec. 1509.09. A well may be drilled under a permit only at 1,752
the location designated on the map required in section 1509.06 of 1,753
the Revised Code. The location of a well may be changed after 1,754
the issuance of a permit only with the approval of the chief of 1,755
the division of oil and gas and, if the well is located in a coal 1,756
bearing township, with the approval of the chief of the division 1,758
of mines and reclamation the same as required in section 1509.08 1,759
of the Revised Code for the application for a permit to drill a 1,760
well MINERAL RESOURCES MANAGEMENT unless the permit holder 1,762
requests the issuance of an emergency drilling permit under this 1,763
section due to a lost hole under such circumstances that 1,764
completion of the well is not feasible at the original location. 1,765
If a permit holder requests a change of location, he THE PERMIT 1,766
HOLDER shall return the original permit and file an amended map 1,768
indicating the proposed new location.
Drilling shall not be commenced at a new location until the 1,770
original permit bearing a notation of approval by the chief is 1,771
posted at the well site. However, a permit holder may commence 1,772
drilling at a new location without first receiving the prior 1,773
40
approval required by this section, if all of the following 1,774
conditions are met: 1,775
(A) Within one working day after spudding the new well, 1,777
the permit holder files a request for an emergency drilling 1,778
permit and submits to the chief an application for a permit that 1,779
meets the requirements of section 1509.06 of the Revised Code, 1,780
including the permit fee required by that section, with an 1,781
amended map showing the new location; 1,782
(B) An oil and gas well A MINERAL RESOURCES inspector is 1,784
present before spudding operations are commenced at the location; 1,786
(C) The original well is plugged prior to the skidding of 1,788
the drilling rig to the new location, and the plugging is 1,789
witnessed or verified by an oil and gas well inspector or, if the 1,790
well is located in a coal bearing township, the gas storage well 1,791
inspector or a deputy mine A MINERAL RESOURCES inspector unless 1,792
the chief or his THE CHIEF'S authorized representative 1,794
temporarily waives the requirement, but in any event the original 1,795
well shall be plugged before the drilling rig is moved from the 1,796
location;
(D) The new location is within fifty feet of the original 1,798
location unless, upon request of the permit holder, the chief of 1,799
the division of oil and gas, with the approval of the chief of 1,800
the division of mines and reclamation if the well is located in a 1,801
coal bearing township, agrees to a new location farther than 1,802
fifty feet from the original location; 1,803
(E) The new location meets all the distance and spacing 1,805
requirements prescribed by rules adopted under sections 1509.23 1,806
and 1509.24 of the Revised Code; 1,807
(F) If the well is located in a coal bearing township, use 1,809
of the new well location has not been disapproved by the chief of 1,810
the division of mines and reclamation and has not been prohibited 1,811
as a term or condition of the permit under section 1509.08 of the 1,813
Revised Code. 1,814
If the chief of the division of oil and gas approves the 1,816
41
change of location, he THE CHIEF shall issue an emergency permit 1,818
within two working days after the filing of the request for the 1,819
emergency permit. If the chief disapproves the change of 1,820
location, he THE CHIEF shall, by order, deny the request and may 1,821
issue an appropriate enforcement order under section 1509.03 of 1,822
the Revised Code.
Sec. 1509.10. Any person drilling within the state shall, 1,831
within thirty days after the completion of the well, file with 1,832
the division of oil and gas MINERAL RESOURCES MANAGEMENT an 1,833
accurate log designating: 1,834
(A) The purpose for which the well was drilled; 1,836
(B) The character, depth, and thickness of geological 1,838
formations encountered, including fresh water, coal seams, 1,839
mineral beds, brine, and oil and gas bearing formations; 1,840
(C) The length in feet of the various sizes of casing and 1,842
tubing used in drilling the well, the amount removed after 1,843
completion, the type and setting depth of each packer, and all 1,844
other data relating to mudding in the annular space behind such 1,845
casing or tubing, indicating completion as a dry, gas, oil, 1,846
combination oil and gas, brine, or artificial brine well; 1,847
(D) The elevation above mean sea level of the point from 1,849
which the depth measurements were made, stating also the height 1,850
of the point above ground level at the well. 1,851
The log shall be submitted in duplicate. The first copy 1,853
shall be retained as a permanent record in the files of the 1,854
division, and the second copy shall be transmitted by the chief 1,855
of the division of oil and gas MINERAL RESOURCES MANAGEMENT to 1,856
the division of geological survey. 1,858
Any electric log, or radioactivity log, or other 1,860
geophysical log, if made in connection with the well shall be 1,861
filed with the division and the chief shall transmit such logs to 1,862
the division of geological survey. Such logs may be retained by 1,863
the owner for a period of not more than six months, or such 1,864
additional time as may be granted by the chief in writing, after 1,865
42
the completion of the well substantially to the depth shown in 1,866
the application required by section 1509.06 of the Revised Code. 1,867
Upon request in writing by the chief of the division of 1,869
geological survey prior to the beginning of drilling of the well, 1,870
the person drilling the well shall make available a complete set 1,871
of cuttings accurately identified as to depth. 1,872
The form of the log required by this section shall be one 1,874
which THAT has been approved by the chief of the division of oil 1,876
and gas MINERAL RESOURCES MANAGEMENT and the chief of the 1,877
division of geological survey. The filing of a log as required 1,879
by this section fulfills the requirement of filing a log with the 1,880
chief of the division of geological survey in section 1505.04 of 1,881
the Revised Code.
Sec. 1509.11. The owner of any well producing or capable 1,890
of producing oil or gas shall file with the chief of the division 1,891
of oil and gas MINERAL RESOURCES MANAGEMENT, on or before the 1,892
fifteenth day of April, a statement of production of oil, gas, 1,893
and brine for the last preceding calendar year in such form as 1,894
the chief may prescribe.
Sec. 1509.12. No owner of any well shall permit defective 1,903
casing or tubing in such well to leak fluids or gas which THAT 1,904
may cause damage to other permeable strata. Upon notice from the 1,906
chief of the division of oil and gas MINERAL RESOURCES 1,908
MANAGEMENT, such owner shall immediately repair such tubing or 1,909
casing or plug and abandon such well. 1,910
Unless written permission is granted by the chief, any well 1,912
which THAT is or becomes incapable of producing oil or gas in 1,913
commercial quantities shall be plugged, but no well shall be 1,914
required to be plugged under this section which THAT is being 1,915
used to produce oil or gas for domestic purposes, or which THAT 1,917
is being lawfully used for a purpose other than production of oil 1,918
or gas. When the chief finds that a well should be plugged, he 1,919
THE CHIEF shall notify the owner to that effect by order in 1,920
writing and shall specify in such order a reasonable time within 1,921
43
which to comply. No owner shall fail or refuse to plug a well 1,922
within the time specified in the order. Each day on which such a 1,923
well remains unplugged thereafter constitutes a separate offense. 1,924
Where the plugging method prescribed by rules adopted 1,926
pursuant to section 1509.15 of the Revised Code cannot be applied 1,927
or if applied would be ineffective in carrying out the protection 1,928
which THAT the law is meant to give, the chief of the division of 1,930
oil and gas, or if a well is located in a coal-bearing township, 1,931
the chief of the division of mines and reclamation, by order, may 1,932
designate a different method of plugging. The abandonment report 1,933
shall show the manner in which the well was plugged. 1,934
In case of oil or gas wells abandoned prior to September 1, 1,936
1951, the board of county commissioners of the county in which 1,937
such wells are located may submit to the electors of the county 1,938
the question of establishing a special fund, by special levy, 1,939
bond issue, or out of current funds, which shall be approved by a 1,940
majority of the electors voting upon such question for the 1,941
purpose of plugging such wells. The fund shall be administered 1,942
by the board and the plugging of oil and gas wells shall be under 1,943
the supervision of the chief of the division of oil and gas, and 1,944
the board shall let contracts for such purpose, provided that 1,945
such fund shall not be used for the purpose of plugging oil and 1,946
gas wells which THAT were abandoned subsequent to September 1, 1,947
1951. 1,948
Sec. 1509.13. No person shall plug and abandon a well 1,957
without having a permit to do so issued by the chief of the 1,958
division of oil and gas MINERAL RESOURCES MANAGEMENT. The permit 1,960
shall be issued by the chief in accordance with this chapter, and 1,961
the chief may establish by rule a period of time from date of 1,962
issue during which permits will be valid. Application by the 1,963
owner for a permit to plug and abandon shall be filed as many 1,964
days in advance as will be necessary for an oil and gas well 1,965
inspector or, if the well is located in a coal bearing township, 1,966
the gas storage well inspector or a deputy mine A MINERAL 1,967
44
RESOURCES inspector to be present at the plugging. The 1,969
application shall be filed with the chief upon a form that the 1,971
chief prescribes and shall contain the following information: 1,972
(A) The name and address of the owner; 1,974
(B) The signature of the owner or the owner's authorized 1,976
agent. When an authorized agent signs an application, it shall 1,978
be accompanied by a certified copy of the appointment as that 1,980
agent.
(C) The location of the well identified by section or lot 1,982
number, city, village, township, and county; 1,983
(D) Designation of well by name and number; 1,985
(E) The total depth of the well to be plugged; 1,987
(F) The date and amount of last production from the well; 1,989
(G) Other data that the chief may require. 1,992
If oil or gas has been produced from the well, the 1,994
application shall be accompanied by a fee of fifty dollars. If a 1,995
new dry well has been drilled in accordance with law and the 1,996
permit is still valid, the permit holder may receive approval to 1,997
plug the well from an oil and gas well inspector or, if the well 1,998
is located in a coal bearing township, the gas storage well 1,999
inspector or a deputy mine A MINERAL RESOURCES inspector so that 2,000
the well can be plugged and abandoned without undue delay. No 2,002
well located outside a coal bearing township shall be plugged and 2,003
abandoned without an oil and gas well A MINERAL RESOURCES 2,004
inspector present unless permission has been granted by the chief 2,006
of the division of oil and gas, and no well located within a coal 2,007
bearing township shall be plugged and abandoned without the gas 2,008
storage well inspector or a deputy mine inspector present unless 2,009
permission has been granted by the chief of the division of mines 2,010
and reclamation. The owner of the well shall give written notice 2,012
at the same time to the owner of the land upon which the well is 2,013
located, the owners or agents of adjoining land, adjoining well 2,014
owners or agents, and, if the well penetrates or passes within 2,015
one hundred feet of the excavations and workings of a mine, the 2,016
45
owner or lessee of that mine, of the well owner's intention to 2,017
abandon the well and of the time when the well owner will be 2,018
prepared to commence plugging it.
An applicant may file a request with the chief of the 2,020
division of oil and gas for expedited review of an application 2,021
for a permit to plug and abandon a well. The chief may refuse to 2,024
accept a request for expedited review if, in the chief's
judgment, acceptance of the request will prevent the issuance, 2,025
within twenty-one days of filing, of permits for which 2,026
applications filed under section 1509.06 of the Revised Code are 2,027
pending. In addition to a complete application for a permit that 2,028
meets the requirements of this section and the permit fee 2,029
prescribed by this section, if applicable, a request shall be 2,030
accompanied by a nonrefundable filing fee of two hundred fifty 2,031
dollars unless the chief has ordered the applicant to plug and 2,032
abandon the well. When a request for expedited review is filed, 2,033
the chief shall immediately begin to process the application and 2,034
shall issue a permit within seven days of the filing of the 2,035
request unless the chief, by order, denies the application. 2,037
Upon filing of an application for a permit to plug and 2,039
abandon a well that is located in a coal bearing township, the 2,040
chief shall cause the chief of the division of mines and 2,041
reclamation to be notified of the filing of the permit 2,042
application by telephone or other means that in the judgment of 2,043
the chief would provide timely notice of the application. 2,045
This section does not apply to a well plugged or abandoned 2,047
in compliance with section 1571.05 of the Revised Code. 2,049
Sec. 1509.14. Any person who abandons a well, when written 2,058
permission has been granted by the chief of the division of oil 2,059
and gas or the chief of the division of mines and reclamation 2,061
MINERAL RESOURCES MANAGEMENT to abandon and plug the well without 2,063
an inspector being present to supervise the plugging, shall make 2,065
a written report of the abandonment to the chief of the division 2,066
of oil and gas regardless of which chief granted permission for 2,067
46
the abandonment. The report shall be submitted to the chief of 2,069
the division of oil and gas not later than thirty days after the 2,071
date of abandonment and shall include all of the following: 2,073
(A) The date of abandonment; 2,075
(B) The name of the owner or operator of the well at the 2,077
time of abandonment and the post-office address of the owner or 2,079
operator; 2,080
(C) The location of the well as to township and county and 2,083
the name of the owner of the surface upon which the well is 2,084
drilled, with the address thereof; 2,085
(D) The date of the permit to drill; 2,087
(E) The date when drilled; 2,089
(F) The depth of the well; 2,091
(G) The depth of the top of the formation to which the 2,093
well was drilled; 2,094
(H) The depth of each seam of coal drilled through; 2,096
(I) A detailed report as to how the well was plugged, 2,099
giving in particular the manner in which the coal and various 2,100
formations were plugged, and the date of the plugging of the 2,102
well, including the names of those who witnessed the plugging of 2,104
the well.
The report shall be signed by the owner or operator, or the 2,107
agent of the owner or operator, who abandons and plugs the well 2,108
and verified by the oath of the party so signing. For the 2,110
purposes of this section, the oil and gas well inspectors, gas 2,111
storage well inspectors, or deputy mine MINERAL RESOURCES 2,112
inspectors may take acknowledgments and administer oaths to the 2,114
parties signing the report.
Sec. 1509.15. When any well is to be abandoned, it shall 2,123
first be plugged in accordance with a method of plugging adopted 2,124
by rule by the chief of the division of oil and gas, except that 2,125
if a well is located in a coal-bearing township, it shall be 2,126
plugged in accordance with a method of plugging adopted by rule 2,127
by the chief of the division of mines and reclamation MINERAL 2,128
47
RESOURCES MANAGEMENT. The abandonment report shall show the 2,130
manner in which the well was plugged.
Sec. 1509.17. Any person who drills a well shall, before 2,139
drilling into the principal or major producing formation therein, 2,140
encase such well with good and sufficient wrought iron or steel 2,141
casing so as to exclude all surface, fresh, or salt water from 2,142
any part of such well penetrating the oil or gas bearing sand or 2,143
rock or fresh water strata. The method of placing such casing 2,144
shall be approved by the chief of the division of oil and gas, 2,145
MINERAL RESOURCES MANAGEMENT and shall be in accord with the most 2,147
approved method used in the operation of such type of well. The 2,148
chief may, in lieu of the casing method outlined in this section, 2,149
accept adequate mudding methods with prepared clay in the annular 2,150
space behind such casing in sufficient quantities to shut of OFF 2,151
all gas or oil and which THAT will exclude all surface, fresh, or 2,152
salt water from any part of such well penetrating the oil, gas, 2,154
or mineral bearing formation, or fresh water strata. 2,155
Written approval from the chief is required in each case. 2,157
In the operation of a gas well, it is permissible, with the 2,158
written consent of the chief, to withdraw all casing in such 2,159
well, leaving only the tubing and the packer therein, provided 2,160
that such well is filled with prepared clay from the top of such 2,161
packer to the surface, as each succeeding string of casing in 2,162
such well is withdrawn. When the well penetrates the excavations 2,163
of a mine, the casing shall remain intact as provided in section 2,164
1509.18 of the Revised Code and be plugged and abandoned in 2,165
accordance with section 1509.15 of the Revised Code. 2,166
Sec. 1509.18. Any person who drills a well within the 2,175
limits of a mining operation shall give consideration for the 2,176
safety of the men PERSONNEL working in such mine, and, if 2,177
possible, shall locate such well so as to penetrate a pillar. 2,178
If a well is to be drilled within the limits of a mining 2,180
operation which THAT may penetrate the excavation of a mine, the 2,181
hole shall be reduced approximately fifteen feet above the roof 2,183
48
of the mine. If roof conditions at the mine warrant, the hole 2,184
shall be reduced in the rock formation immediately above such 2,185
mine, and a string of casing placed upon the shoulder so as to 2,186
shut off all water, then drilling shall be continued to a point 2,187
approximately thirty feet below the floor of the mine and another 2,188
string of casing set. Both strings of casing shall be 2,189
approximately the same diameter as the diameter of the hole. 2,190
If no water is encountered between the bottom of the drive 2,192
pipe and the approximate casing shoulder above the roof of such 2,193
mine, in lieu of the casing method outlined above, it is 2,194
permissible to use the following casing method: the hole shall 2,195
be drilled thirty feet below the floor of the mine and a string 2,196
of casing shall be extended from the surface to a point thirty 2,197
feet below the floor of the mine with a packer of sufficient size 2,198
attached to such string of casing. Such packer shall be placed 2,199
so that it will be below all water and will be located in the 2,200
rock formation immediately above such mine and shall prevent 2,201
water or destructive matter from entering therein. Then the 2,202
annular space above such packer between the casing and well wall 2,203
shall be filled with prepared clay a minimum distance of fifty 2,204
feet. 2,205
If a well is drilled within the limits of a mining 2,207
operation and does not penetrate the excavations of a mine, the 2,208
hole shall be reduced thirty feet below the coal or mineral which 2,209
THAT is being mined and a string of casing placed at this point. 2,210
The annular space behind such casing shall be filled with neat 2,211
cement from the casing seat to a point not less than fifty feet 2,212
above such seam of coal or mineral which THAT is being mined. 2,213
The packer method, outlined in this section, is also permissible 2,215
in this type of well. 2,216
It is permissible to attach a release coupling or a right 2,218
and left nipple to the string of casing that extends through the 2,219
mine, but such release coupling or right and left nipple shall be 2,220
placed in such a manner that it is above the packer or at least 2,221
49
twenty feet above the coal or mineral that is being mined. 2,222
In wells penetrating the excavation of a mine, the casing 2,224
shall be enclosed, if possible, with a column extending from the 2,225
floor to the roof of such mine, built of brick or other suitable 2,226
material, subject to the approval of the chief of the division of 2,228
mines and reclamation MINERAL RESOURCES MANAGEMENT. If the chief 2,229
finds the method prescribed in this section unsafe, inadequate, 2,230
or not suitable, he THE CHIEF shall require such method to be 2,231
altered in such manner that it will be safe. 2,232
Sec. 1509.21. No person shall, without first having 2,241
obtained a permit from the chief of the division of oil and gas 2,242
MINERAL RESOURCES MANAGEMENT, conduct secondary or additional 2,244
recovery operations, including any underground injection of 2,245
fluids for the secondary or tertiary recovery of oil or natural 2,246
gas or for the storage of hydrocarbons that are liquid at 2,247
standard temperature or pressure, unless a rule of the chief 2,248
expressly authorizes such operations without a permit. Such 2,249
permit shall be in addition to any permit required by section 2,250
1509.05 of the Revised Code. Secondary or additional recovery 2,251
operations shall be conducted in accordance with rules and orders 2,252
of the chief and any terms or conditions of the permit
authorizing such operations. Rules adopted under this section 2,253
shall include provisions regarding applications for and the 2,254
issuance of permits; the terms and conditions of permits; entry 2,255
to conduct inspections and to examine records to ascertain 2,256
compliance with this section and rules, orders, and terms and 2,257
conditions of permits ADOPTED OR issued thereunder; the provision 2,258
and maintenance of information through monitoring, recordkeeping, 2,259
and reporting; and other provisions in furtherance of the goals 2,260
of this section and the "Safe Drinking Water Act." To implement 2,261
the goals of the "Safe Drinking Water Act," 88 Stat. 1661, 42 2,263
U.S.C.A 300(f), as amended, the chief shall not issue a permit 2,264
for the underground injection of fluids for the secondary or 2,265
tertiary recovery of oil or natural gas or for the storage of 2,266
50
hydrocarbons that are liquid at standard temperature and 2,267
pressure, unless the chief concludes that the applicant has 2,268
demonstrated that the injection will not result in the presence 2,269
of any contaminant in underground water that supplies or can be 2,270
reasonably expected to supply any public water system, such that 2,271
the presence of any such contaminant may result in the system's 2,272
not complying with any national primary drinking water regulation 2,273
or may otherwise adversely affect the health of persons. Rules, 2,274
orders, and terms or conditions of permits ADOPTED OR issued 2,275
under this section shall be construed to be no more stringent 2,276
that THAN required for compliance with the Safe Drinking Water 2,277
Act, unless essential to ensure that underground sources of 2,278
drinking water will not be endangered. 2,279
Sec. 1509.22. (A) Except when acting in accordance with 2,288
section 1509.226 of the Revised Code, no person shall place or 2,289
cause to be placed brine in surface or ground water or in or on 2,290
the land in such quantities or in such manner as actually causes 2,291
or could reasonably be anticipated to cause either of the 2,292
following:
(1) Water used for consumption by humans or domestic 2,294
animals to exceed the standards of the Safe Drinking Water Act; 2,296
(2) Damage or injury to public health or safety or the 2,298
environment. 2,299
(B) No person shall store or dispose of brine in violation 2,301
of a plan approved under division (A) of section 1509.222 or 2,302
section 1509.226 of the Revised Code, in violation of a 2,303
resolution submitted under section 1509.226 of the Revised Code, 2,304
or in violation of rules or orders applicable to those plans or 2,306
resolutions. 2,307
(C) The chief of the division of oil and gas MINERAL 2,309
RESOURCES MANAGEMENT shall adopt rules and issue orders regarding 2,311
storage and disposal of brine and other waste substances; 2,312
however, the storage and disposal of brine and the chief's rules 2,313
relating to storage and disposal are subject to all of the 2,314
51
following standards:
(1) Brine from any well except an exempt Mississippian 2,316
well shall be disposed of only by injection into an underground 2,318
formation, including annular disposal if approved by rule of the 2,319
chief, which injection shall be subject to division (D) of this 2,320
section; by surface application in accordance with section 2,321
1509.226 of the Revised Code; in association with a method of 2,322
enhanced recovery as provided in section 1509.21 of the Revised 2,323
Code; or by other methods approved by the chief for testing or 2,324
implementing a new technology or method of disposal. Brine from 2,325
exempt Mississippian wells shall not be discharged directly into 2,326
the waters of the state. 2,327
(2) Muds, cuttings, and other waste substances shall not 2,329
be disposed of in violation of any rule; 2,330
(3) Pits may be used for containing brine and other waste 2,332
substances resulting from, obtained from, or produced in 2,333
connection with drilling, fracturing, reworking, reconditioning, 2,335
plugging back, or plugging operations, but the pits shall be 2,336
constructed and maintained to prevent the escape of brine and 2,338
other waste substances. A dike or pit may be used for spill 2,340
prevention and control. A dike or pit so used shall be 2,341
constructed and maintained to prevent the escape of brine, and 2,342
the reservoir within such a dike or pit shall be kept reasonably 2,343
free of brine and other waste substances. 2,344
(4) Earthen impoundments constructed pursuant to the 2,346
division's specifications may be used for the temporary storage 2,347
of brine and other waste substances in association with a 2,348
saltwater injection well, an enhanced recovery project, or a 2,349
solution mining project; 2,350
(5) No pit, earthen impoundment, or dike shall be used for 2,352
the temporary storage of brine except in accordance with 2,353
divisions (C)(3) and (4) of this section; 2,354
(6) No pit or dike shall be used for the ultimate disposal 2,356
of brine. 2,357
52
(D) No person, without first having obtained a permit from 2,360
the chief, shall inject brine or other waste substances resulting 2,361
from, obtained from, or produced in connection with oil or gas 2,363
drilling, exploration, or production into an underground 2,364
formation unless a rule of the chief expressly authorizes the 2,365
injection without a permit. The permit shall be in addition to 2,366
any permit required by section 1509.05 of the Revised Code, and 2,367
the permit application shall be accompanied by a permit fee of 2,368
one hundred dollars. The chief shall adopt rules in accordance 2,369
with Chapter 119. of the Revised Code regarding the injection 2,370
into wells of brine and other waste substances resulting from, 2,371
obtained from, or produced in connection with oil or gas 2,372
drilling, exploration, or production. The rules shall include 2,373
provisions regarding applications for and issuance of the permits 2,374
required by this division; entry to conduct inspections and to 2,375
examine and copy records to ascertain compliance with this 2,376
division and rules, orders, and terms and conditions of permits 2,377
adopted or issued under it; the provision and maintenance of 2,378
information through monitoring, recordkeeping, and reporting; and 2,380
other provisions in furtherance of the goals of this section and 2,381
the Safe Drinking Water Act. To implement the goals of the Safe 2,382
Drinking Water Act, the chief shall not issue a permit for the 2,384
injection of brine or other waste substances resulting from, 2,385
obtained from, or produced in connection with oil or gas 2,387
drilling, exploration, or production unless the chief concludes 2,388
that the applicant has demonstrated that the injection will not 2,389
result in the presence of any contaminant in ground water that 2,390
supplies or can reasonably be expected to supply any public water 2,391
system, such that the presence of the contaminant may result in 2,392
the system's not complying with any national primary drinking 2,393
water regulation or may otherwise adversely affect the health of 2,394
persons. This division and rules, orders, and terms and 2,395
conditions of permits adopted or issued under it shall be 2,396
construed to be no more stringent than required for compliance 2,398
53
with the Safe Drinking Water Act unless essential to ensure that 2,399
underground sources of drinking water will not be endangered. 2,400
(E) The owner holding a permit, or an assignee or 2,402
transferee who has assumed the obligations and liabilities 2,403
imposed by this chapter and any rules adopted or orders issued 2,405
under it pursuant to section 1509.31 of the Revised Code, and the 2,407
operator of a well shall be liable for a violation of this 2,408
section or any rules adopted or orders or terms or conditions of 2,409
a permit issued under it.
(F) An owner shall replace the water supply of the holder 2,411
of an interest in real property who obtains all or part of the 2,413
holder's supply of water for domestic, agricultural, industrial, 2,414
or other legitimate use from an underground or surface source 2,415
where the supply has been substantially disrupted by 2,416
contamination, diminution, or interruption proximately resulting 2,417
from the owner's oil or gas operation, or the owner may elect to 2,418
compensate the holder of the interest in real property for the 2,419
difference between the fair market value of the interest before 2,420
the damage occurred to the water supply and the fair market value 2,421
after the damage occurred if the cost of replacing the water 2,422
supply exceeds this difference in fair market values. However, 2,423
during the pendency of any order issued under this division, the 2,424
owner shall obtain for the holder or shall reimburse the holder 2,425
for the reasonable cost of obtaining a water supply from the time 2,426
of the contamination, diminution, or interruption by the 2,427
operation until the owner has complied with an order of the chief 2,428
for compliance with this division or such an order has been 2,429
revoked or otherwise becomes not effective. If the owner elects 2,430
to pay the difference in fair market values, but the owner and 2,431
the holder have not agreed on the difference within thirty days 2,432
after the chief issues an order for compliance with this 2,433
division, within ten days after the expiration of that thirty-day 2,434
period, the owner and the chief each shall appoint an appraiser 2,436
to determine the difference in fair market values, except that 2,437
54
the holder of the interest in real property may elect to appoint 2,438
and compensate the holder's own appraiser, in which case the 2,439
chief shall not appoint an appraiser. The two appraisers 2,441
appointed shall appoint a third appraiser, and within thirty days 2,442
after the appointment of the third appraiser, the three 2,443
appraisers shall hold a hearing to determine the difference in 2,444
fair market values. Within ten days after the hearing, the 2,445
appraisers shall make their determination by majority vote and 2,446
issue their final determination of the difference in fair market 2,447
values. The chief shall accept a determination of the difference 2,448
in fair market values made by agreement of the owner and holder 2,449
or by appraisers under this division and shall make and dissolve 2,450
orders accordingly. This division does not affect in any way the 2,451
right of any person to enforce or protect, under applicable law, 2,452
the person's interest in water resources affected by an oil or 2,453
gas operation.
(G) In any action brought by the state for a violation of 2,455
division (A) of this section involving any well at which annular 2,456
disposal is used, there shall be a rebuttable presumption 2,457
available to the state that the annular disposal caused the 2,458
violation if the well is located within a one-quarter mile radius 2,459
of the site of the violation. 2,460
Sec. 1509.221. No person, without first having obtained a 2,469
permit from the chief of the division of oil and gas MINERAL 2,470
RESOURCES MANAGEMENT, shall drill a well or inject a substance 2,472
into a well for the exploration for or extraction of minerals or 2,473
energy, other than oil or natural gas, including, but not limited 2,474
to, the mining of sulfur by the Frasch process, the solution 2,475
mining of minerals, the in situ combustion of fossil fuel, or the 2,476
recovery of geothermal energy to produce electric power, unless a 2,477
rule of the chief expressly authorizes the activity without a 2,478
permit. The permit shall be in addition to any permit required 2,479
by section 1509.05 of the Revised Code. The chief shall adopt 2,480
rules in accordance with Chapter 119. of the Revised Code 2,481
55
governing the issuance of permits under this section. The rules 2,482
shall include provisions regarding the matters the applicant for 2,483
a permit shall demonstrate to establish eligibility for a permit; 2,484
the form and content of applications for permits; the terms and 2,485
conditions of permits; entry to conduct inspections and to 2,486
examine and copy records to ascertain compliance with this 2,487
section and rules, orders, and terms and conditions of permits 2,488
ADOPTED OR issued thereunder; provision and maintenance of 2,489
information through monitoring, recordkeeping, and reporting; and 2,490
other provisions in furtherance of the goals of this section and 2,491
the "Safe Drinking Water Act," 88 Stat. 1661, 42 U.S.C.A. 2,492
300(f), as amended. To implement the goals of the Safe Drinking 2,493
Water Act, the chief shall not issue a permit under this section, 2,494
unless he THE CHIEF concludes that the applicant has demonstrated 2,496
that the drilling, injection of a substance, and extraction of 2,497
minerals or energy will not result in the presence of any 2,498
contaminant in underground water that supplies or can reasonably 2,499
be expected to supply any public water system, such that the 2,500
presence of the contaminant may result in the system's not 2,501
complying with any national primary drinking water regulation or 2,502
may otherwise adversely affect the health of persons. The chief 2,503
may issue, without a prior adjudication hearing, orders requiring 2,504
compliance with this section and rules, orders, and terms and 2,505
conditions or OF permits ADOPTED OR issued thereunder. This 2,506
section and rules, orders, and terms and conditions of permits 2,507
ADOPTED OR issued thereunder shall be construed to be no more 2,509
stringent than required for compliance with the Safe Drinking 2,510
Water Act, unless essential to ensure that underground sources of 2,511
drinking water will not be endangered. 2,512
In an action under section 1509.04 or 1509.33 of the 2,514
Revised Code to enforce this section, the court shall grant 2,515
preliminary and permanent injunctive relief and impose a civil 2,516
penalty upon the showing that the person against whom the action 2,517
is brought has violated, is violating, or will violate this 2,518
56
section or rules, orders, or terms or conditions of permits 2,519
ADOPTED OR issued thereunder. The court shall not require, prior 2,520
to granting such preliminary and permanent injunctive relief or 2,521
imposing a civil penalty, proof that the violation was, is, or 2,522
will be the result of intentional conduct or negligence. In any 2,523
such action, any person may intervene as a plaintiff upon the 2,524
demonstration that the person has an interest that is or may be 2,525
adversely affected by the activity for which injunctive relief or 2,526
a civil penalty is sought. 2,527
Sec. 1509.222. (A)(1) Except as provided in section 2,536
1509.226 of the Revised Code, no person shall transport brine by 2,537
vehicle in this state unless the business entity that employs the 2,538
person first registers with and obtains a registration 2,539
certificate and identification number from the chief of the 2,540
division of oil and gas MINERAL RESOURCES MANAGEMENT. 2,541
(2) No more than one registration certificate shall be 2,543
required of any business entity. Registration certificates 2,544
issued under this section are not transferable. An applicant 2,546
shall file an application with the chief, containing such 2,547
information in such form as the chief prescribes, but including a 2,548
plan for disposal that provides for compliance with the 2,549
requirements of this chapter and rules of the chief pertaining to 2,550
the transportation of brine by vehicle and the disposal of brine 2,551
so transported and that lists all disposal sites that the 2,552
applicant intends to use, the bond required by section 1509.225 2,553
of the Revised Code, and a certificate issued by an insurance 2,554
company authorized to do business in this state certifying that 2,555
the applicant has in force a liability insurance policy in an 2,556
amount not less than three hundred thousand dollars bodily injury 2,557
coverage and three hundred thousand dollars property damage 2,558
coverage to pay damages for injury to persons or property caused 2,559
by the collecting, handling, transportation, or disposal of 2,560
brine. The policy shall be maintained in effect during the term 2,561
of the registration certificate. The policy or policies 2,562
57
providing the coverage shall require the insurance company to 2,564
give notice to the chief if the policy or policies lapse for any 2,565
reason. Upon such termination of the policy, the chief may 2,566
suspend the registration certificate until proper insurance 2,567
coverage is obtained. Each application for a registration 2,568
certificate shall be accompanied by a nonrefundable fee of five 2,569
hundred dollars. 2,570
(B) The chief shall issue an order denying an application 2,572
for a registration certificate if the chief finds that either of 2,573
the following applies: 2,574
(1) The applicant, at the time of applying for the 2,576
registration certificate, has been found liable by a final 2,577
nonappealable order of a court of competent jurisdiction for 2,578
damage to streets, roads, highways, bridges, culverts, or 2,579
drainways pursuant to section 4513.34 or 5577.12 of the Revised 2,580
Code until the applicant provides the chief with evidence of 2,581
compliance with the order; 2,582
(2) The applicant's plan for disposal does not provide for 2,584
compliance with the requirements of this chapter and rules of the 2,585
chief pertaining to the transportation of brine by vehicle and 2,586
the disposal of brine so transported. 2,587
(C) No applicant shall attempt to circumvent division (B) 2,589
of this section by applying for a registration certificate under 2,590
a different name or business organization name, by transferring 2,591
responsibility to another person or entity, or by any similar 2,592
act. 2,593
(D) A registered transporter shall apply to revise a 2,595
disposal plan under procedures that the chief shall prescribe by 2,596
rule. However, at a minimum, an application for a revision shall 2,597
list all sources and disposal sites of brine currently 2,598
transported. The chief shall deny any application for a 2,599
revision of a plan under this division if the chief finds that 2,600
the proposed revised plan does not provide for compliance with 2,601
the requirements of this chapter and rules of the chief 2,602
58
pertaining to the transportation of brine by vehicle and the 2,603
disposal of brine so transported. Approvals and denials of 2,604
revisions shall be by order of the chief. 2,605
(E) The chief may adopt rules, issue orders, and attach 2,607
terms and conditions to registration certificates as may be 2,608
necessary to administer, implement, and enforce sections 1509.222 2,609
to 1509.226 of the Revised Code for protection of public health 2,610
or safety or conservation of natural resources. 2,611
Sec. 1509.223. (A) No permit holder or owner of a well 2,620
shall enter into an agreement with or permit any person to 2,621
transport brine produced from the well who is not registered 2,622
pursuant to section 1509.222 of the Revised Code or exempt from 2,623
registration under section 1509.226 of the Revised Code. 2,624
(B) Each registered transporter shall file with the chief 2,626
of the division of oil and gas MINERAL RESOURCES MANAGEMENT, on 2,627
or before the fifteenth day of April, a statement concerning 2,629
brine transported, including quantities transported and source 2,630
and delivery points, during the last preceding calendar year, and 2,631
such other information in such form as the chief may prescribe. 2,632
(C) Each registered transporter shall keep on each vehicle 2,634
used to transport brine a daily log and have it available upon 2,635
the request of the chief or an authorized representative of the 2,636
chief or a peace officer. The log shall, at a minimum, include 2,637
ALL OF the following information: 2,638
(1) The name of the owner or owners of the well or wells 2,640
producing the brine to be transported; 2,641
(2) The date and time the brine is loaded; 2,643
(3) The name of the driver; 2,645
(4) The amount of brine loaded at each collection point; 2,647
(5) The disposal location; and 2,649
(6) The date and time the brine is disposed of and the 2,651
amount of brine disposed of at each location. 2,652
No registered transporter shall falsify or fail to keep or 2,654
submit the log required by this division. 2,655
59
(D) Each registered transporter shall legibly identify 2,657
with reflective paints all vehicles employed in transporting or 2,658
disposing of brine. Letters shall be no less than four inches in 2,659
height and shall indicate the identification number issued by the 2,660
chief, the word "brine," and the name and telephone number of the 2,661
transporter. 2,662
(E) The chief shall maintain and keep a current list of 2,664
persons registered to transport brine under section 1509.222 of 2,665
the Revised Code. The list shall be open to public inspection. 2,666
It is an affirmative defense to a charge under division (A) of 2,667
this section that at the time the permit holder or owner of a 2,668
well entered into an agreement with or permitted a person to 2,669
transport brine, the person was shown on the list as currently 2,670
registered to transport brine. 2,671
Sec. 1509.224. (A) In addition to any other remedies 2,680
provided in Chapter 1509. of the Revised Code THIS CHAPTER, if 2,681
the chief of the division of oil and gas MINERAL RESOURCES 2,683
MANAGEMENT has reason to believe that a pattern of the same or 2,685
similar violations of any requirements of sections 1509.22, 2,686
1509.222, or 1509.223 of the Revised Code, or any rule adopted 2,687
thereunder or term or condition of the registration certificate 2,688
issued thereunder exists or has existed, and the violations are 2,689
caused by the transporter's indifference, lack of diligence, or 2,690
lack of reasonable care, or are willfully caused by the 2,691
transporter, the chief shall immediately issue an order to the 2,692
transporter to show cause why the certificate should not be
suspended or revoked. After the issuance of the order, the chief 2,693
shall provide the transporter an opportunity to be heard and to 2,694
present evidence at an informal hearing conducted by the chief. 2,695
If, at the conclusion of the hearing, the chief finds that such a 2,696
pattern of violations exists or has existed, he THE CHIEF shall 2,697
issue an order suspending or revoking the transporter's 2,698
registration certificate. An order suspending or revoking a 2,699
certificate under this section may be appealed under sections 2,700
60
1509.36 and 1509.37 of the Revised Code, or notwithstanding any 2,701
other provision of this chapter, may be appealed directly to the 2,702
court of common pleas of Franklin county. 2,703
(B) Before issuing an order denying a registration 2,705
certificate; approving or denying approval of an application for 2,706
revision of a registered transporter's plan for disposal; or to 2,707
implement, administer, or enforce section 1509.22, 1509.222, 2,708
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and 2,709
terms and conditions of registration certificates ADOPTED OR 2,710
issued thereunder pertaining to the transportation of brine by 2,711
vehicle and the disposal of brine so transported, the chief shall 2,712
issue a preliminary order indicating the chief's intent to issue 2,713
a final order. The preliminary order shall clearly state the 2,714
nature of the chief's proposed action and the findings on which 2,715
it is based and shall state that the preliminary order becomes a 2,716
final order thirty days after its issuance unless the person to 2,717
whom the preliminary order is directed submits to the chief a 2,718
written request for an informal hearing before the chief within 2,719
that thirty-day period. At the hearing the person may present 2,720
evidence as to why the preliminary order should be revoked or 2,721
modified. Based upon the findings from the informal hearing, the 2,722
chief shall revoke, issue, or modify and issue the preliminary 2,723
order as a final order. A final order may be appealed under 2,724
sections 1509.36 and 1509.37 of the Revised Code. 2,725
Sec. 1509.225. (A) Before being issued a registration 2,734
certificate under section 1509.222 of the Revised Code, an 2,735
applicant shall execute and file with the division of oil and gas 2,736
MINERAL RESOURCES MANAGEMENT a surety bond for fifteen thousand 2,738
dollars to provide compensation for damage and injury resulting 2,739
from transporters' violations of sections 1509.22, 1509.222, and 2,740
1509.223 of the Revised Code, all rules and orders of the chief 2,741
of the division of oil and gas MINERAL RESOURCE MANAGEMENT 2,742
relating thereto, and all terms and conditions of the 2,744
registration certificate imposed thereunder. The applicant may 2,745
61
deposit with the chief, in lieu of a surety bond, cash in an
amount equal to the surety bond as prescribed in this section, or 2,746
negotiable certificates of deposit issued by any bank organized 2,747
or transacting business in this state, or certificates of deposit 2,748
issued by any building and loan association as defined in section 2,749
1151.01 of the Revised Code, having a cash value equal to or 2,750
greater than the amount of the surety bond as prescribed in this 2,751
section. Cash or certificates of deposit shall be deposited upon 2,752
the same terms as those upon which surety bonds may be deposited. 2,753
If certificates of deposit are deposited with the chief in lieu 2,754
of a surety bond, he THE CHIEF shall require the bank or building 2,756
and loan association that issued any such certificate to pledge 2,757
securities of a cash value equal to the amount of the certificate 2,758
that is in excess of the amount insured by any of the agencies 2,759
and instrumentalities created by or under the following acts and 2,760
amendments thereto: 2,761
(1) "Federal Deposit Insurance Corporation ACT," 64 Stat. 2,764
873 (1950), 12 U.S.C. 1811; 2,765
(2) Federal Savings and Loan Insurance Corporation, 48 2,767
Stat. 1256, 12 U.S.C. 1726; 2,768
(3) Deposit guaranty association, sections 1151.80 to 2,770
1151.92 of the Revised Code, AS AMENDED, AND REGULATIONS ADOPTED 2,771
UNDER IT, INCLUDING AT LEAST THE FEDERAL DEPOSIT INSURANCE 2,772
CORPORATION, BANK INSURANCE FUND, AND SAVINGS ASSOCIATION 2,773
INSURANCE FUND.
Such securities shall be security for the repayment of the 2,775
certificate of deposit. Immediately upon a deposit of cash or 2,776
certificates with the chief, he THE CHIEF shall deliver it to the 2,778
treasurer of the state who shall hold it in trust for the 2,779
purposes for which it has been deposited. 2,780
(B) The surety bond provided for in this section shall be 2,782
executed by a surety company authorized to do business in this 2,783
state. The chief shall not approve any bond until it is 2,784
personally signed and acknowledged by both principal and surety, 2,785
62
or as to either by his AN attorney in fact, with a certified copy 2,787
of the power of attorney attached thereto. The chief shall not
approve such bond unless there is attached a certificate of the 2,788
superintendent of insurance that the company is authorized to 2,789
transact a fidelity and surety business in this state. All bonds 2,790
shall be given in a form to be prescribed by the chief. 2,791
(C) If a registered transporter is found liable for a 2,793
violation of section 1509.22, 1509.222, or 1509.223 of the 2,794
Revised Code or a rule, order, OR term, or condition of a 2,795
certificate involving, in any case, damage or injury to persons 2,796
or property, or both, the court may order the forfeiture of any 2,797
portion of the bond, cash, or other securities required by this 2,798
section in full or partial payment of damages to the person to 2,799
whom the damages are due. The treasurer of state and the chief 2,800
shall deliver the bond or any cash or other securities deposited 2,801
in lieu of bond, as specified in the court's order, to the person 2,802
to whom the damages are due; however, execution against the bond, 2,803
cash, or other securities, if necessary, is the responsibility of 2,804
the person to whom the damages are due. The chief shall not 2,805
release the bond, cash, or securities required by this section 2,806
except by court order or until two years after the date on which 2,807
a registration is terminated. 2,808
Sec. 1509.226. (A) If a board of county commissioners, a 2,817
board of township trustees, or the legislative authority of a 2,818
municipal corporation wishes to permit the surface application of 2,819
brine to roads, streets, highways, and other similar land 2,820
surfaces it owns or has the right to control for control of dust 2,821
or ice, it may adopt a resolution permitting such application as 2,822
provided in this section. If a board or legislative authority 2,823
does not adopt such a resolution, then no such surface 2,824
application of brine is permitted on such roads, streets, 2,825
highways, and other similar surfaces. If a board or legislative 2,826
authority votes on a proposed resolution to permit such surface 2,827
application of brine, but the resolution fails to receive the 2,828
63
affirmative vote of a majority of the board or legislative 2,829
authority, the board or legislative authority shall not adopt 2,830
such a resolution for one year following the date on which the 2,831
vote was taken. A board or legislative authority shall hold at 2,832
least one public hearing on any proposal to permit surface 2,833
application of brine under this division and may hold additional 2,834
hearings. The board or legislative authority shall publish 2,835
notice of the time and place of each such public hearing in a 2,836
newspaper of general circulation in the political subdivision at 2,837
least five days before the day on which the hearing is to be 2,838
held. 2,839
(B) If a board or legislative authority adopts a 2,841
resolution permitting the surface application of brine to roads, 2,842
streets, highways, and other similar land surfaces under division 2,843
(A) of this section, the board or legislative authority shall, 2,844
within thirty days after the adoption of the resolution, prepare 2,845
and submit to the chief of the division of oil and gas MINERAL 2,846
RESOURCES MANAGEMENT a copy of the resolution. Any department, 2,848
agency, or instrumentality of this state or the United States 2,849
that wishes to permit the surface application of brine to roads, 2,850
streets, highways, and other similar land surfaces it owns or has 2,851
a right to control shall prepare and submit guidelines for such 2,852
application, but need not adopt a resolution under division (A) 2,853
of this section permitting such surface application. 2,854
All resolutions and guidelines shall be subject to the 2,856
following standards: 2,857
(1) Brine shall not be applied: 2,859
(a) To a water-saturated surface; 2,861
(b) Directly to vegetation near or adjacent to surfaces 2,863
being treated; 2,864
(c) Within twelve feet of structures crossing bodies of 2,866
water or crossing drainage ditches; 2,867
(d) Between sundown and sunrise, except for ice control. 2,869
(2) The discharge of brine through the spreader bar shall 2,871
64
stop when the application stops;. 2,872
(3) The applicator vehicle shall be moving at least five 2,874
miles per hour at all times while the brine is being applied;. 2,875
(4) The maximum spreader bar nozzle opening shall be 2,877
three-quarters of an inch in diameter;. 2,878
(5) The maximum uniform application rate of brine shall be 2,880
three thousand gallons per mile on a twelve-foot-wide road or 2,881
three gallons per sixty square feet on unpaved lots;. 2,882
(6) The applicator vehicle discharge valve shall be closed 2,884
between the brine collection point and the specific surfaces that 2,885
have been approved for brine application;. 2,886
(7) Any valves that provide for tank draining other than 2,888
through the spreader bar shall be closed during the brine 2,889
application and transport;. 2,890
(8) The angle of discharge from the applicator vehicle 2,892
spreader bar shall not be greater than sixty degrees from the 2,893
perpendicular to the unpaved surface;. 2,894
(9) Only the last twenty-five per cent of an applicator 2,896
vehicle's contents shall be allowed to have a pressure greater 2,897
than atmospheric pressure; therefore, the first seventy-five per 2,898
cent of the applicator vehicle's contents shall be discharged 2,899
under atmospheric pressure. 2,900
If a resolution or guidelines contain only the standards 2,902
listed in division (B)(1) to (9) of this section, without 2,903
addition or qualification, the resolution or guildelines 2,904
GUIDELINES shall be deemed effective when submitted to the chief 2,905
without further action by the chief. All other resolutions and 2,906
guidelines shall comply with and be no less stringent than this 2,907
chapter, rules concerning surface application that the chief 2,908
shall adopt under division (C) of section 1509.22 of the Revised 2,909
Code, and other rules of the chief. Within fifteen days after 2,910
receiving such other resolutions and guidelines, the chief shall 2,911
review them for compliance with the law and rules and disapprove 2,912
them if they do not comply. 2,913
65
The board, legislative authority, or department, agency, or 2,915
instrumentality may revise and resubmit any resolutions or 2,916
guidelines that the chief disapproves after each disapproval, and 2,917
the chief shall again review and approve or disapprove them 2,918
within fifteen days after receiving them. The board, legislative 2,919
authority, or department, agency, or instrumentality may amend 2,920
any resolutions or guidelines previously approved by the chief 2,921
and submit them, as amended, to the chief. The chief shall 2,922
receive, review, and approve or disapprove the amended 2,923
resolutions or guidelines on the same basis and in the same time 2,924
as original resolutions or guidelines. The board, legislative 2,925
authority, or department, agency, or instrumentality shall not 2,926
implement amended resolutions or guidelines until they are 2,927
approved by the chief under this division. 2,928
(C) Any person, other than a political subdivision 2,930
required to adopt a resolution under division (A) of this section 2,931
or a department, agency, or instrumentality of this state or the 2,932
United States, who owns or has a legal right or obligation to 2,933
maintain a road, street, highway, or other similar land surface 2,934
may file with the board of county commissioners a written plan 2,935
for the application of brine to the road, street, highway, or 2,936
other surface. The board need not approve any such plans, but if 2,937
it approves a plan, the plan shall comply with this chapter, 2,938
rules adopted thereunder, and the board's resolutions, if any. 2,939
Disapproved plans may be revised and resubmitted for the board's 2,940
approval. Approved plans may also be revised and submitted to 2,941
the board. A plan or revised plan shall DO ALL OF THE FOLLOWING: 2,942
(1) Identify the sources of brine to be used under the 2,944
plan; 2,945
(2) Identify by name, address, and registration 2,947
certificate, if applicable, any transporters of the brine; 2,948
(3) Specifically identify the places to which the brine 2,950
will be applied; and 2,951
(4) Specifically describe the method, rate, and frequency 2,953
66
of application. 2,954
(D) The board may attach terms and conditions to approval 2,956
of a plan, or revised plan, and may revoke approval for any 2,957
violation of this chapter, rules adopted thereunder, resolutions 2,958
adopted by the board, or terms or conditions attached by the 2,959
board. The board shall conduct at least one public hearing 2,960
before approving a plan or revised plan, publishing notice of the 2,961
time and place of each such public hearing in a newspaper of 2,962
general circulation in the county at least five days before the 2,963
day on which the hearing is to be held. The board shall record 2,964
the filings of all plans and revised plans in its journal. The 2,965
board shall approve, disapprove, or revoke approval of a plan or 2,966
revised plan by the adoption of a resolution. Upon approval of a 2,967
plan or revised plan, the board shall send a copy of the plan to 2,968
the chief. Upon revoking approval of a plan or revised plan, the 2,969
board shall notify the chief of the revocation. 2,970
(E) No person shall: 2,972
(1) Apply brine to a water-saturated surface; 2,974
(2) Apply brine directly to vegetation adjacent to the 2,976
surface of roads, streets, highways, and other surfaces to which 2,977
brine may be applied. 2,978
(F) Each political subdivision that adopts a resolution 2,980
under divisions (A) and (B) of this section, each department, 2,981
agency, or instrumentality of this state or the United States 2,982
that submits guidelines under division (B) of this section, and 2,983
each person who files a plan under divisions (C) and (D) of this 2,984
section shall, on or before the fifteenth day of April of each 2,985
year, file a report with the chief concerning brine applied 2,986
within his THE PERSON'S or its GOVERNMENTAL ENTITY'S 2,988
jurisdiction, including the quantities transported and the
sources and application points during the last preceding calendar 2,989
year and such other information in such form as the chief 2,990
requires.
(G) Any political subdivision or department, agency, or 2,992
67
instrumentality of this state or the United States that applies 2,993
brine under this section may do so with its own personnel, 2,994
vehicles, and equipment without registration under or compliance 2,995
with section 1509.222 or 1509.223 of the Revised Code and without 2,996
the necessity for filing the surety bond or other security 2,997
required by section 1509.225 of the Revised Code. However, each 2,998
such entity shall legibly identify vehicles used to apply brine 2,999
with reflective paint in letters no less than four inches in 3,000
height, indicating the word "brine" and that the vehicle is a 3,001
vehicle of the political subdivision, department, agency, or 3,002
instrumentality. Except as stated in this division, such 3,003
entities shall transport brine in accordance with sections 3,004
1509.22 to 1509.226 of the Revised Code. 3,005
(H) A surface application plan filed for approval under 3,007
division (C) of this section shall be accompanied by a 3,008
nonrefundable fee of fifty dollars, which shall be credited to 3,009
the general fund of the county. An approved plan is valid for 3,010
one year from the date of its approval unless it is revoked 3,011
before that time. An approved revised plan is valid for the 3,012
remainder of the term of the plan it supersedes unless it is 3,013
revoked before that time. Any person who has filed such a plan 3,014
or revised plan and had it approved may renew it by refiling it 3,015
in accordance with divisions (C) and (D) of this section within 3,016
thirty days before any anniversary of the date on which the 3,017
original plan was approved. The board shall notify the chief of 3,018
renewals and nonrenewals of plans. Even if a renewed plan is 3,019
approved under those divisions, the plan is not effective until 3,020
notice is received by the chief, and until notice is received, 3,021
the chief shall enforce this chapter and rules adopted thereunder 3,022
with regard to the affected roads, streets, highways, and other 3,023
similar land surfaces as if the plan had not been renewed. 3,024
(I) A resolution adopted under division (A) of this 3,026
section by a board or legislative authority shall be effective 3,027
for one year following the date of its adoption and from month to 3,028
68
month thereafter until the board or legislative authority, by 3,029
resolution, terminates the authority granted in the original 3,030
resolution. The termination shall be effective not less than 3,031
seven days after enactment of the resolution, and a copy of the 3,032
resolution shall be sent to the chief. 3,033
(J) As used in this section, "board of county 3,035
commissioners" includes any other county legislative authority 3,036
established by law. 3,037
Sec. 1509.23. Rules of the chief of the division of oil 3,046
and gas MINERAL RESOURCES MANAGEMENT may specify practices to be 3,048
followed in the drilling of wells and production of oil and gas 3,049
for protection of public health or safety or to prevent damage to
natural resources, including specification of devices, minimum 3,050
distances that wells and other excavations, structures, and 3,051
equipment shall be located from water wells, streets, roads, 3,052
highways, railroad tracks, and buildings, other methods of 3,053
operation, and procedures, methods, and equipment and other
requirements for equipment to prevent and contain discharges of 3,054
oil from oil production facilities and oil drilling and workover 3,055
facilities consistent with and equivalent in scope, content, and 3,056
coverage to section 311(j)(1)(c) of the "Federal Water Pollution 3,057
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, 3,058
as amended, and regulations adopted under it.
Sec. 1509.24. The chief of the division of oil and gas 3,067
MINERAL RESOURCES MANAGEMENT, with the approval of the technical 3,069
advisory council on oil and gas created in section 1509.38 of the 3,070
Revised Code, may adopt, amend, modify, or rescind rules relative 3,071
to minimum acreage requirements for drilling units and minimum 3,072
distances from which a new well may be drilled or an existing 3,073
well deepened, plugged back, or reopened to a source of supply 3,074
different from the existing pool from boundaries of tracts, 3,075
drilling units, and other wells for the purpose of conserving oil 3,076
and gas reserves. Rules made pursuant to ADOPTED UNDER this 3,077
section and special orders made under section 1509.25 of the 3,079
69
Revised Code shall apply only to new wells to be drilled or 3,080
existing wells to be deepened, plugged back, or reopened to a 3,081
source of supply different from the existing pool for the purpose 3,082
of extracting oil or gas in their natural state.
Sec. 1509.25. The chief of the division of oil and gas 3,091
MINERAL RESOURCES MANAGEMENT, upon his THE CHIEF'S own motion or 3,093
upon application of an owner, may hold a hearing to consider the 3,095
need or desirability of adopting a special order for drilling 3,096
unit requirements in a particular pool different from those 3,097
established under section 1509.24 of the Revised Code. The chief 3,098
shall notify every owner of land within the area proposed to be 3,099
included within the order, of the date, time, and place of the 3,100
hearing and the nature of the order being considered at least 3,101
thirty days prior to the date of THE hearing. Each application 3,102
for such an order shall be accompanied by such information as the 3,103
chief may request. If the chief finds that the pool can be 3,104
defined with reasonable certainty, that the pool is in the 3,105
initial state of development, and that the establishment of such 3,106
different requirements for drilling a well on a tract or drilling 3,107
unit in such pool is reasonably necessary to protect correlative 3,108
rights or to provide effective development, use, or conservation 3,109
of oil and gas, the chief, with the written approval of the 3,110
technical advisory council on oil and gas created in section 3,111
1509.38 of the Revised Code, shall make a special order 3,112
designating the area covered by the order, and specifying the 3,113
acreage requirements for drilling a well on a tract or drilling 3,114
unit in such area, which acreage requirements shall be uniform 3,115
for the entire pool. The order shall specify minimum distances 3,116
from the boundary of the tract or drilling unit for the drilling 3,117
of wells and minimum distances from other wells and allow 3,118
exceptions for wells drilled or drilling in a particular pool at 3,119
the time of the filing of the application. The chief may exempt 3,120
the discovery well from minimum acreage and distance requirements 3,121
in the order. After the date of the notice for a hearing called 3,122
70
to make such order, no additional well shall be commenced in the 3,123
pool for a period of sixty days or until an order has been made 3,124
pursuant to the application, whichever is earlier. The chief, 3,125
upon his THE CHIEF'S own motion or upon application of an owner, 3,127
after A hearing and with the approval of the technical advisory 3,128
council on oil and gas may include additional lands determined to 3,129
be underlaid by a particular pool or to exclude lands determined 3,130
not to be underlaid by a particular pool, and may modify the 3,131
spacing and acreage requirements of the order.
Nothing in this section shall permit PERMITS the chief to 3,133
establish drilling units in a pool by requiring the use of a 3,135
survey grid coordinate system with fixed or established unit 3,136
boundaries.
Sec. 1509.26. The owners of adjoining tracts may agree to 3,145
pool such tracts to form a drilling unit which THAT conforms to 3,146
the minimum acreage and distance requirements of the division of 3,148
oil and gas MINERAL RESOURCES MANAGEMENT under section 1509.24 or 3,149
1509.25 of the Revised Code. Such agreement shall be in writing, 3,150
a copy of which shall be submitted to the division of oil and gas 3,151
with the application for permit required by section 1509.05 of 3,153
the Revised Code. Parties to the agreement shall designate one 3,154
of their number as the applicant for such permit. 3,155
Sec. 1509.27. If a tract of land is of insufficient size 3,164
or shape to meet the requirements for drilling a well thereon as 3,165
provided in section 1509.24 or 1509.25 of the Revised Code, 3,166
whichever is applicable, and the owner has been unable to form a 3,167
drilling unit under agreement AS provided in section 1509.26 of 3,168
the Revised Code, on a just and equitable basis, the owner of 3,169
such tract may make application to the division of oil and gas 3,170
MINERAL RESOURCES MANAGEMENT for a mandatory pooling order. 3,171
Such application shall include such data and information as 3,173
shall be reasonably required by the chief of the division of oil 3,174
and gas MINERAL RESOURCES MANAGEMENT and shall be accompanied by 3,175
an application for A permit as required by section 1509.05 of the 3,177
71
Revised Code. The chief shall notify all owners of land within 3,178
the area proposed to be included within the order of the filing 3,179
of such application and of their right to a hearing if requested. 3,180
After the hearing or after the expiration of thirty days from the 3,181
date notice of application was mailed to such owners, the chief, 3,182
if satisfied that the application is proper in form and that 3,183
mandatory pooling is necessary to protect correlative rights or 3,184
to provide effective development, use, or conservation of oil and 3,185
gas, shall issue a drilling permit and a mandatory pooling order 3,186
complying with the requirements for drilling a well as provided 3,187
in section 1509.24 or 1509.25 of the Revised Code, whichever is 3,188
applicable, which shall: 3,189
(A) Designate the boundaries of the drilling unit within 3,191
which the well shall be drilled; 3,192
(B) Designate the proposed drilling site; 3,194
(C) Describe each separately owned tract or part thereof 3,196
pooled by the order; 3,197
(D) Allocate on a surface acreage basis a pro rata portion 3,199
of the production to the owner of each tract; 3,200
(E) Specify the basis upon which each owner shall share 3,202
all reasonable costs and expenses of drilling and producing; 3,203
(F) Designate the person to whom the permit shall be 3,205
issued. 3,206
If an owner does not elect to participate in the risk and 3,208
cost of the drilling and operation, or operation, of a well, he 3,209
THE OWNER may elect to be a nonparticipating owner in the 3,210
drilling and operation, or operation, of the well, on a limited 3,211
or carried basis upon terms and conditions determined by the 3,212
chief to be just and reasonable. If one or more of the 3,213
participating owners bear the costs of drilling, equipping, or 3,214
operating a well for the benefit of a nonparticipating owner, as 3,215
provided for in the pooling order, then such participating owner 3,216
or owners shall be entitled to the share of production from the 3,217
drilling unit accruing to the interest of such nonparticipating 3,218
72
owner, exclusive of the royalty interest if the fee holder has 3,219
leased his THE FEE HOLDER'S land to others, otherwise, one-eighth 3,220
of his THE FEE HOLDER'S share of the production, until there has 3,222
been received the share of costs charged to such nonparticipating 3,223
owner plus such additional percentage of said THE share of costs 3,224
as the chief shall determine. The total amount receivable 3,226
hereunder shall in no event exceed double the share of costs 3,227
charged to such nonparticipating owner.
If there is a dispute as to costs of drilling, equipping, 3,229
or operating a well, the chief shall determine such costs. 3,230
In instances where a well is completed prior to the pooling 3,232
of interests in a drilling unit under this section, the sharing 3,233
of production and adjustment of the original costs of drilling, 3,234
equipping, and completing the well shall be from the effective 3,235
date of the mandatory pooling order. 3,236
From and after the date of a pooling order, all operation, 3,238
including the commencement of drilling or the operating of or 3,239
production from a well upon any tract or portion of the drilling 3,240
unit, shall be deemed for all purposes the conduct of such 3,241
operations upon and production from any lease or contract for 3,242
lands any portion of which is included in the drilling unit. 3,243
Sec. 1509.28. (A) The chief of the division of oil and 3,252
gas MINERAL RESOURCES MANAGEMENT, upon his THE CHIEF'S own motion 3,254
or upon application by the owners of sixty-five per cent of the 3,256
land area overlying the pool, shall hold a hearing to consider 3,257
the need for the operation as a unit of an entire pool or part 3,258
thereof. An application by owners shall be accompanied by such 3,259
information as the chief may request. 3,260
The chief shall make an order providing for the unit 3,262
operation of a pool or part thereof if he THE CHIEF finds that 3,263
such operation is reasonably necessary to increase substantially 3,264
the ultimate recovery of oil and gas, and the value of the 3,265
estimated additional recovery of oil or gas exceeds the estimated 3,266
additional cost incident to conducting such operation. The order 3,267
73
shall be upon terms and conditions that are just and reasonable 3,268
and shall prescribe a plan for unit operations that shall 3,269
include: 3,270
(1) A description of the unitized area, termed the unit 3,272
area; 3,273
(2) A statement of the nature of the operations 3,275
contemplated; 3,276
(3) An allocation to the separately owned tracts in the 3,278
unit area of all the oil and gas that is produced from the unit 3,279
area and is saved, being the production that is not used in the 3,280
conduct of operations on the unit area or not unavoidably lost. 3,281
The allocation shall be in accord with the agreement, if any, of 3,282
the interested parties. If there is no such agreement, the chief 3,283
shall determine the value, from the evidence introduced at the 3,284
hearing, of each separately owned tract in the unit area, 3,285
exclusive of physical equipment, for development of oil and gas 3,286
by unit operations, and the production allocated to each tract 3,287
shall be the proportion that the value of each tract so 3,288
determined bears to the value of all tracts in the unit area. 3,289
(4) A provision for the credits and charges to be made in 3,291
the adjustment among the owners in the unit area for their 3,292
respective investments in wells, tanks, pumps, machinery, 3,293
materials, and equipment contributed to the unit operations; 3,294
(5) A provision providing how the expenses of unit 3,296
operations, including capital investment, shall be determined and 3,297
charged to the separately owned tracts and how said THE expenses 3,298
shall be paid; 3,299
(6) A provision, if necessary, for carrying or otherwise 3,301
financing any person who is unable to meet his THE PERSON'S 3,302
financial obligations in connection with the unit, allowing a 3,303
reasonable interest charge for such service; 3,304
(7) A provision for the supervision and conduct of the 3,306
unit operations, in respect to which each person shall have a 3,307
vote with a value corresponding to the percentage of the expenses 3,308
74
of unit operations chargeable against the interest of such 3,309
person; 3,310
(8) The time when the unit operations shall commence, and 3,312
the manner in which, and the circumstances under which, the unit 3,313
operations shall terminate; 3,314
(9) Such additional provisions as are found to be 3,316
appropriate for carrying on the unit operations, and for the 3,317
protection or adjustment of correlative rights. 3,318
(B) No order of the chief providing for unit operations 3,320
shall become effective unless and until the plan for unit 3,321
operations prescribed by the chief has been approved in writing 3,322
by those owners who, under the chief's order, will be required to 3,323
pay at least sixty-five per cent of the costs of the unit 3,324
operation, and also by the royalty or, with respect to unleased 3,325
acreage, fee owners of sixty-five per cent of the acreage to be 3,326
included in the unit. If the plan for unit operations has not 3,327
been so approved by owners and royalty owners at the time the 3,328
order providing for unit operations is made, the chief shall upon 3,329
application and notice hold such supplemental hearings as may be 3,330
required to determine if and when the plan for unit operations 3,331
has been so approved. If the owners and royalty owners, or 3,332
either, owning the required percentage of interest in the unit 3,333
area do not approve the plan for unit operations within a period 3,334
of six months from the date on which the order providing for unit 3,335
operations is made, such order shall cease to be of force and 3,336
shall be revoked by the chief. 3,337
An order providing for unit operations may be amended by an 3,339
order made by the chief, in the same manner and subject to the 3,340
same conditions as an original order providing for unit 3,341
operations, provided THAT: 3,342
(1) If such an amendment affects only the rights and 3,344
interests of the owners, the approval of the amendment by the 3,345
royalty owners shall not be required. 3,346
(2) No such order of amendment shall change the percentage 3,348
75
for allocation of oil and gas as established for any separately 3,349
owned tract by the original order, except with the consent of all 3,350
persons owning interest in such tract. 3,351
The chief, by an order, may provide for the unit operation 3,353
of a pool or a part thereof that embraces a unit area established 3,354
by a previous order of the chief. Such order, in providing for 3,355
the allocation of unit production, shall first treat the unit 3,356
area previously established as a single tract, and the portion of 3,357
the unit production so allocated thereto shall then be allocated 3,358
among the separately owned tracts included in such previously 3,359
established unit area in the same proportions as those specified 3,360
in the previous order. 3,361
Oil and gas allocated to a separately owned tract shall be 3,363
deemed, for all purposes, to have been actually produced from 3,364
such tract, and all operations, including, but not limited to, 3,365
the commencement, drilling, operation of, or production from a 3,366
well upon any portion of the unit area shall be deemed for all 3,367
purposes the conduct of such operations and production from any 3,368
lease or contract for lands any portion of which is included in 3,369
the unit area. The operations conducted pursuant to the order of 3,370
the chief shall constitute a fulfillment of all the express or 3,371
implied obligations of each lease or contract covering lands in 3,372
the unit area to the extent that compliance with such obligations 3,373
cannot be had because of the order of the chief. 3,374
Oil and gas allocated to any tract, and the proceeds from 3,376
the sale thereof, shall be the property and income of the several 3,377
persons to whom, or to whose credit, the same are allocated or 3,378
payable under the order providing for unit operations. 3,379
No order of the chief or other contract relating to the 3,381
sale or purchase of production from a separately owned tract 3,382
shall be terminated by the order providing for unit operations, 3,383
but shall remain in force and apply to oil and gas allocated to 3,384
such tract until terminated in accordance with the provisions 3,385
thereof. 3,386
76
Except to the extent that the parties affected so agree, no 3,388
order providing for unit operations shall be construed to result 3,389
in a transfer of all or any part of the title of any person to 3,390
the oil and gas rights in any tract in the unit area. All 3,391
property, whether real or personal, that may be acquired for the 3,392
account of the owners within the unit area shall be the property 3,393
of such owners in the proportion that the expenses of unit 3,394
operations are charged. 3,395
Sec. 1509.29. Upon application by an owner of a tract for 3,404
which a drilling permit may not be issued, and a showing by him 3,405
THE OWNER that he THE OWNER is unable to enter a voluntary 3,406
pooling agreement and that he THE OWNER would be unable to 3,407
participate under a mandatory pooling order, the chief of the 3,409
division of oil and gas MINERAL RESOURCES MANAGEMENT shall issue 3,410
a permit and order establishing the tract as an exception tract 3,411
if the chief finds that such owner would otherwise be precluded 3,412
from producing oil or gas from his THE OWNER'S tract because of 3,413
minimum acreage or distance requirements. The order shall set a 3,414
percentage of the maximum daily potential production at which the 3,415
well may be produced. The percentage shall be the same as the 3,416
percentage that the number of acres in the tract bears to the 3,417
number of acres in the minimum acreage requirement which THAT has 3,418
been established under section 1509.24 or 1509.25 of the Revised 3,419
Code, whichever is applicable, but if the well drilled on such 3,420
tract is located nearer to the boundary of the tract than the 3,421
required minimum distance, the percentage may not exceed the 3,422
percentage determined by dividing the distance from the well to 3,423
the boundary by the minimum distance requirement. Within ten 3,424
days after completion of the well, the maximum daily potential 3,425
production of the well shall be determined by such drill stem, 3,426
open flow, or other tests as may be required by the chief. The 3,427
chief shall require such tests, at least once every three months, 3,428
as are necessary to determine the maximum daily potential 3,429
production at that time. 3,430
77
Sec. 1509.31. Whenever the entire interest of an oil and 3,439
gas lease is assigned or otherwise transferred, the assignor or 3,440
transferor shall notify the holders of the royalty interests, 3,441
and, if a well or wells exist on the lease, the division of oil 3,442
and gas MINERAL RESOURCES MANAGEMENT, of the name and address of 3,443
the assignee or transferee by certified mail, return receipt 3,445
requested, not later than thirty days after the date of the 3,446
assignment or transfer. When notice of any such assignment or 3,447
transfer is required to be provided to the division, it shall be 3,448
provided on a form prescribed and provided by the division and 3,449
verified by both the assignor or transferor and by the assignee 3,450
or transferee. The notice form applicable to assignments or 3,451
transfers of a well to the owner of the surface estate of the 3,452
tract on which the well is located shall contain a statement 3,453
informing the landowner that the well may require periodic 3,454
servicing to maintain its productivity; that, upon assignment or 3,455
transfer of the well to the landowner, the landowner becomes 3,456
responsible for compliance with the requirements of this chapter 3,457
and rules adopted under it, including, without limitation, the 3,458
proper disposal of brine obtained from the well, the plugging of 3,459
the well when it becomes incapable of producing oil or gas, and 3,460
the restoration of the well site; and that, upon assignment or 3,461
transfer of the well to the landowner, the landowner becomes 3,462
responsible for the costs of compliance with the requirements of 3,463
this chapter and rules adopted under it and the costs for 3,464
operating and servicing the well. 3,465
The owner holding a permit under section 1509.05 of the 3,467
Revised Code is responsible for all obligations and liabilities 3,468
imposed by this chapter and any rules, orders, and terms and 3,469
conditions of a permit adopted or issued under it, and no 3,471
assignment or transfer by the owner relieves the owner of the 3,472
obligations and liabilities until and unless the assignee or 3,473
transferee files with the division the information described in 3,474
divisions (A), (B), (C), (D), (E), (I), (J), (K), and (L) of 3,476
78
section 1509.06 of the Revised Code; obtains liability insurance 3,477
coverage required by section 1509.07 of the Revised Code, except 3,479
when none is required by that section; and executes and files a 3,480
surety bond, negotiable certificates of deposit or irrevocable 3,481
letters of credit, or cash, as described in that section. 3,482
Instead of a bond, but only upon acceptance by the chief OF THE 3,483
DIVISION OF MINERAL RESOURCES MANAGEMENT, the assignee or 3,485
transferee may file proof of financial responsibility, described 3,486
in section 1509.07 of the Revised Code. Section 1509.071 of the 3,487
Revised Code applies to the surety bond, cash, and negotiable 3,488
certificates of deposit and irrevocable letters of credit 3,489
described in this section. Unless the chief approves a 3,490
modification, each assignee or transferee shall operate in 3,491
accordance with the plans and information filed by the permit 3,492
holder pursuant to section 1509.06 of the Revised Code. 3,493
Sec. 1509.32. Any person adversely affected may file with 3,502
the chief of the division of oil and gas MINERAL RESOURCES 3,503
MANAGEMENT a written complaint alleging failure to restore 3,505
disturbed land surfaces in violation of section 1509.072 or 3,506
1509.22 of the Revised Code or a rule adopted thereunder. 3,507
Upon receipt of a complaint, the chief shall cause an 3,509
investigation to be made of the lands where the alleged violation 3,510
has occurred and send copies of the investigation report to the 3,511
person who filed the complaint and to the owner. Upon finding a 3,512
violation the chief shall order the owner to eliminate the 3,513
violation within a specified time. If the owner fails to 3,514
eliminate the violation within the time specified, the chief may 3,515
request the prosecuting attorney of the county in which the 3,516
violation occurs or the attorney general to bring appropriate 3,517
action to secure compliance with such sections. If the chief 3,518
fails to bring an appropriate action to secure compliance with 3,519
such sections within twenty days after the time specified, the 3,520
person filing the complaint may request the prosecuting attorney 3,521
of the county in which the violation occurs to bring an 3,522
79
appropriate action to secure compliance with such sections. The 3,523
division of oil and gas MINERAL RESOURCES MANAGEMENT may 3,524
cooperate with any state or local agency to provide technical 3,526
advice or minimum standards for the restoration of various soils 3,527
and land surfaces or to assist in any investigation. 3,528
Sec. 1509.33. (A) Whoever violates sections 1509.01 to 3,537
1509.31 of the Revised Code, or any rules adopted or orders or 3,538
terms or conditions of a permit or registration certificate 3,539
issued pursuant to these sections for which no specific penalty 3,540
is provided in this section, shall pay a civil penalty of not 3,541
more than four thousand dollars for each offense. 3,542
(B) Whoever violates section 1509.221 of the Revised Code 3,544
or any rules adopted or orders or terms or conditions of a permit 3,545
issued thereunder shall pay a civil penalty of not more than two 3,546
thousand five hundred dollars for each violation. 3,547
(C) Whoever violates division (D) of section 1509.22 or 3,549
division (A)(1) of section 1509.222 of the Revised Code shall pay 3,550
a civil penalty of not less than two thousand five hundred 3,551
dollars nor more than twenty thousand dollars for each violation. 3,552
(D) Whoever violates division (A) of section 1509.22 of 3,554
the Revised Code shall pay a civil penalty of not less than two 3,555
thousand five hundred dollars nor more than ten thousand dollars 3,556
for each violation. 3,557
(E) Whoever violates division (A) of section 1509.223 of 3,559
the Revised Code shall pay a civil penalty of not more than ten 3,560
thousand dollars for each violation. 3,561
(F) Whoever violates section 1509.072 of the Revised Code 3,563
or any rules adopted or orders issued to administer, implement, 3,564
or enforce that section shall pay a civil penalty of not more 3,565
than five thousand dollars for each violation. 3,566
(G) In addition to any other penalties provided in this 3,568
chapter, whoever violates division (B) of section 1509.22, OR 3,569
division (A)(1) of section 1509.222, or knowingly violates 3,570
division (A) of section 1509.223 of the Revised Code is liable 3,571
80
for any damage or injury caused by the violation and for the cost 3,572
of rectifying the violation and conditions caused by the 3,573
violation. If two or more persons knowingly violate one or more 3,574
of such divisions in connection with the same event, activity, or 3,575
transaction, they are jointly and severally liable under this 3,576
division. As used in this division, "knowingly" has the same 3,577
meaning as in section 2901.22 of the Revised Code. 3,578
(H) The attorney general, upon the request of the chief of 3,580
the division of oil and gas MINERAL RESOURCES MANAGEMENT, shall 3,581
commence an action under this section against any person who 3,583
violates sections 1509.01 to 1509.31 of the Revised Code, or any 3,584
rules adopted or orders or terms or conditions of a permit or 3,585
registration certificate issued pursuant to these sections. Any 3,586
action under this section is a civil action, governed by the 3,587
Rules of Civil Procedure and other rules of practice and 3,588
procedure applicable to civil actions. The remedy provided in 3,589
this division is cumulative and concurrent with any other remedy 3,590
provided in this chapter, and the existence or exercise of one 3,591
remedy does not prevent the exercise of any other, except that no 3,592
person shall be subject to both a civil penalty under division 3,593
(A), (B), (C), or (D) of this section and a criminal penalty 3,594
under section 1509.99 of the Revised Code for the same offense. 3,595
Sec. 1509.36. Any person claiming to be aggrieved or 3,604
adversely affected by an order by the chief of the division of 3,605
oil and gas MINERAL RESOURCES MANAGEMENT may appeal to the oil 3,606
and gas commission for an order vacating or modifying such order. 3,608
The person so appealing to the board COMMISSION shall be 3,610
known as appellant and the chief shall be known as appellee. 3,612
Appellant and appellee shall be deemed to be parties to the 3,613
appeal.
The appeal shall be in writing and shall set forth the 3,615
order complained of and the grounds upon which the appeal is 3,616
based. The appeal shall be filed with the commission within 3,618
thirty days after the date upon which appellant received notice 3,619
81
by registered mail of the making of the order complained of. 3,620
Notice of the filing of the appeal shall be filed with the chief 3,621
within three days after the appeal is filed with the commission. 3,623
Upon the filing of the appeal the commission promptly shall 3,626
fix the time and place at which the hearing on the appeal will be 3,627
held, and shall give the appellant and the chief at least ten 3,628
days' written notice thereof by mail. The commission may 3,629
postpone or continue any hearing upon its own motion or upon 3,631
application of appellant or of the chief. 3,632
The filing of an appeal provided for in this section does 3,634
not automatically suspend or stay execution of the order appealed 3,635
from, but upon application by the appellant the commission may 3,637
suspend or stay such execution pending determination of the
appeal upon such terms as the commission considers proper. 3,638
Either party to the appeal or any interested person who, 3,640
pursuant to board COMMISSION rules has been granted permission to 3,642
appear, may submit such evidence as the commission considers 3,643
admissible.
For the purpose of conducting a hearing on an appeal, the 3,645
commission may require the attendance of witnesses and the 3,646
production of books, records, and papers, and it may, and at the 3,647
request of any party it shall, issue subpoenas for witnesses or 3,648
subpoenas duces tecum to compel the production of any books, 3,649
records, or papers, directed to the sheriff SHERIFFS of the 3,650
counties where such witnesses are found. The subpoenas shall be 3,652
served and returned in the same manner as subpoenas in criminal 3,654
cases are served and returned. The fees and mileage of sheriffs 3,655
and witnesses shall be the same as those allowed by the court of 3,656
common pleas in criminal cases. Such fees and mileage expenses 3,657
incurred at the request of appellant shall be paid in advance by 3,658
the appellant, and the remainder of such expenses shall be paid 3,659
out of funds appropriated for the expenses of the division of oil 3,660
and gas MINERAL RESOURCES MANAGEMENT. 3,661
In case of disobedience or neglect of any subpoena served 3,663
82
on any person, or the refusal of any witness to testify to any 3,664
matter regarding which the witness may be lawfully interrogated, 3,666
the court of common pleas of the county in which such 3,667
disobedience, neglect, or refusal occurs, or any judge thereof, 3,668
on application of the commission or any member thereof, shall 3,669
compel obedience by attachment proceedings for contempt as in the 3,671
case of disobedience of the requirements of a subpoena issued 3,672
from such court or a refusal to testify therein. Witnesses at 3,673
such hearings shall testify under oath, and any member of the 3,674
commission may administer oaths or affirmations to persons who so 3,676
testify.
At the request of any party to the appeal, a stenographic 3,678
record of the testimony and other evidence submitted shall be 3,679
taken by an official court shorthand reporter at the expense of 3,680
the party making the request therefor. Such record shall include 3,681
all of the testimony and other evidence and the rulings on the 3,682
admissibility thereof presented at the hearing. The commission 3,684
shall pass upon the admissibility of evidence, but any party may 3,685
at the time object to the admission of any evidence and except to 3,686
the rulings of the commission thereon, and if the commission 3,688
refuses to admit evidence the party offering same may make a 3,689
proffer thereof, and such proffer shall be made a part of the 3,690
record of such hearing.
If upon completion of the hearing the commission finds that 3,693
the order appealed from was lawful and reasonable, it shall make
a written order affirming the order appealed from; if the 3,694
commission finds that the order was unreasonable or unlawful, it 3,696
shall make a written order vacating the order appealed from and 3,697
making the order which THAT it finds the chief should have made. 3,698
Every order made by the commission shall contain a written 3,700
finding by the commission of the facts upon which the order is 3,702
based.
Notice of the making of the order shall be given forthwith 3,704
to each party to the appeal by mailing a certified copy thereof 3,705
83
to each such party by certified mail. 3,706
The order of the commission is final unless vacated by the 3,708
court of common pleas of Franklin county in an appeal as provided 3,710
for in section 1509.37 of the Revised Code. Sections 1509.01 to 3,711
1509.37 of the Revised Code, providing for appeals relating to 3,713
orders by the chief or by the commission, or relating to rules 3,714
adopted and promulgated by the chief, do not constitute the 3,715
exclusive procedure which THAT any person who believes the 3,717
person's rights to be unlawfully affected by those sections or 3,718
any official action taken thereunder must pursue in order to 3,719
protect and preserve those rights, nor do those sections 3,720
constitute A procedure which THAT that person must pursue before 3,722
that person may lawfully appeal to the courts to protect and 3,723
preserve those rights. 3,724
Sec. 1509.38. There is hereby created in the division of 3,733
oil and gas MINERAL RESOURCES MANAGEMENT a technical advisory 3,735
council on oil and gas, which shall consist of eight members to 3,736
be appointed by the governor with the advice and consent of the
senate. Three members shall be independent oil or gas producers, 3,737
operators, or their representatives, operating and producing 3,738
primarily in this state, three members shall be oil or gas 3,739
producers, operators, or their representatives having substantial 3,740
oil and gas producing operations in this state and at least one 3,741
other state, one member shall represent the public, and one 3,742
member shall represent persons having landowners' royalty
interests in oil and gas production. All members shall be 3,743
residents of this state, and all members, except the members 3,744
representing the public and persons having landowners' royalty 3,745
interests, shall have at least five years of practical or
technical experience in oil or gas drilling and production. Not 3,746
more than one member may represent any one company, producer, or 3,747
operator.
Terms of office shall be for three years, commencing on the 3,749
first day of February and ending on the thirty-first day of 3,750
84
January. Each member shall hold office from the date of 3,751
appointment until the end of the term for which the member was 3,752
appointed. A vacancy in the office of a member shall be filled
by the governor, with the advice and consent of the senate. Any 3,753
member appointed to fill a vacancy occurring prior to the 3,754
expiration of the term for which the member's predecessor was 3,755
appointed shall hold office for the remainder of that term. Any 3,756
member shall continue in office subsequent to the expiration date 3,757
of the member's term until the member's successor takes office, 3,758
or until a period of sixty days has elapsed, whichever occurs
first. 3,759
The council shall select from among its members a 3,761
chairperson, a vice-chairperson, and a secretary. All members 3,762
are entitled to their actual and necessary expenses incurred in 3,763
the performance of their duties as members, payable from the 3,764
appropriations for the division.
The governor may remove any member for inefficiency, 3,766
neglect of duty, or malfeasance in office. 3,767
The council shall hold at least one regular meeting in each 3,769
quarter of a calendar year and shall keep a record of its 3,770
proceedings. Special meetings may be called by the chairperson 3,771
and shall be called by the chairperson upon receipt of a written 3,772
request signed by two or more members of the council. A written 3,773
notice of the time and place of each meeting shall be sent to
each member of the council. Five members constitute a quorum, 3,774
and no action of the council is valid unless five members concur. 3,775
The council, when requested by the chief of the division of 3,777
oil and gas MINERAL RESOURCES MANAGEMENT, shall consult with and 3,779
advise the chief and perform other duties that may be lawfully 3,780
delegated to it by the chief. The council may participate in
hearings held by the chief under this chapter and has powers of 3,781
approval as provided in sections 1509.24 and 1509.25 of the 3,782
Revised Code. The council shall conduct the activities required, 3,783
and exercise the authority granted, under Chapter 1510. of the 3,784
85
Revised Code.
Sec. 1509.39. This chapter or rules adopted under it shall 3,794
not be construed to prevent any municipal corporation, county, or 3,795
township from enacting and enforcing health and safety standards 3,796
for the drilling and exploration for oil and gas, provided that 3,797
such standards are not less restrictive than this chapter or the 3,798
rules adopted thereunder by the division of oil and gas MINERAL 3,799
RESOURCES MANAGEMENT. No county or township shall adopt or 3,800
enforce any ordinances, resolutions, rules, or requirements 3,801
relative to the minimum acreage requirements for drilling units; 3,802
minimum distances from which a new well or related production 3,803
facilities may be drilled or an existing well deepened, plugged 3,805
back, or reopened to a source of supply different from the 3,806
existing pool from boundaries of tracts, drilling units, other 3,807
wells, streets, roads, highways, railroad tracks, and any other 3,808
structures or facilities included in section 1509.23 of the 3,809
Revised Code; or the restoration or plugging of an oil and gas
well. No county or township shall require any permit or license 3,810
for the drilling, operation, production, plugging, or abandonment 3,811
of any oil or gas well nor any fee, bond or other security, or 3,812
insurance for any activity associated with the drilling, 3,813
operation, production, plugging, or abandonment of a well, except 3,814
for the permit provided for in section 4513.34 of the Revised 3,815
Code and any bond or other security associated therewith. 3,816
Sec. 1509.40. Except as provided in section 1509.29 of the 3,825
Revised Code, no authority granted in Chapter 1509. of the 3,826
Revised Code THIS CHAPTER shall be construed as authorizing a 3,828
limitation on the amount that any well, leasehold, or field is
permitted to produce under proration orders of the division of 3,829
oil and gas MINERAL RESOURCES MANAGEMENT. 3,830
Sec. 1510.01. As used in this chapter: 3,839
(A) "First purchaser" means: 3,841
(1) With regard to crude oil, the person to whom title 3,843
first is transferred beyond the gathering tank or tanks, beyond 3,844
86
the facility from which the crude oil was first produced, or 3,845
both;
(2) With regard to natural gas, the person to whom title 3,847
first is transferred beyond the inlet side of the measurement 3,848
station from which the natural gas was first produced. 3,849
(B) "Independent producer" means a person who complies 3,851
with both of the following: 3,852
(1) Produces oil or natural gas and is not engaged in 3,854
refining either product; 3,855
(2) Derives a majority of income from ownership in 3,856
properties producing oil or natural gas. 3,857
(C) "Qualified independent producer association" means an 3,859
association that complies with all of the following: 3,860
(1) It is in existence on the effective date of this 3,862
section; DECEMBER 18, 1997. 3,863
(2) It is organized and operating within this state;. 3,865
(3) A majority of the members of its governing body are 3,867
independent producers. 3,868
(D) "Technical advisory council" or "council" means the 3,870
technical advisory council created in the division of oil and gas 3,871
MINERAL RESOURCES MANAGEMENT under section 1509.38 of the Revised 3,873
Code.
Sec. 1510.08. (A)(1) Except as provided in division 3,882
(A)(2) of this section, an operating committee may levy 3,883
assessments on the production of oil and natural gas in this 3,884
state for the purposes of a marketing program established under 3,885
this chapter.
(2) An operating committee shall not levy an assessment 3,887
that was not approved by independent producers or that exceeds 3,888
the amount authorized under division (B)(1) of section 1510.04 of 3,889
the Revised Code. An operating committee shall not levy an 3,890
assessment against an independent producer who is not eligible to
vote in a referendum for the marketing program that the operating 3,891
committee administers, as determined under division (C) of 3,892
87
section 1510.02 of the Revised Code. 3,893
(B) The technical advisory council may require a first 3,895
purchaser to withhold assessments from any amounts that the first 3,896
purchaser owes to independent producers and, notwithstanding 3,897
division (A)(2) of this section, to remit them to the chairperson 3,898
of the council at the office of the division of oil and gas 3,899
MINERAL RESOURCES MANAGEMENT. A first purchaser who pays an
assessment that is levied pursuant to this section for an 3,901
independent producer may deduct the amount of the assessment from 3,902
any moneys that the first purchaser owes the independent
producer.
(C) A marketing program shall require a refund of 3,904
assessments collected under this section after receiving an 3,905
application for a refund from an independent producer. An 3,906
application for a refund shall be made on a form furnished by the 3,907
council. The operating committee shall ensure that refund forms
are available where assessments for its program are withheld. 3,908
An independent producer who desires a refund shall submit a 3,910
request for a refund not later than the thirty-first day of March 3,911
of the year in which the request is submitted. The council shall 3,912
refund the assessment to the independent producer not later than 3,913
the thirtieth day of June of the year in which the request for 3,914
the refund is submitted.
(D) An operating committee shall not use moneys from any 3,916
assessments that it levies for any political or legislative 3,917
purpose or for preferential treatment of one person to the 3,918
detriment of another person who is affected by the marketing 3,919
program that the operating committee administers.
Sec. 1513.01. As used in this chapter: 3,928
(A) "Approximate original contour" means that surface 3,930
configuration achieved by backfilling and grading of a mined area 3,931
so that the reclaimed area, including any terracing or access 3,932
roads, closely resembles the general surface configuration of the 3,933
land prior to mining and blends into and complements the drainage 3,934
88
pattern of the surrounding terrain, with all highwalls and spoil 3,935
piles eliminated; water impoundments may be permitted where the 3,936
chief of the division of mines and reclamation MINERAL RESOURCES 3,937
MANAGEMENT determines that they are in compliance with division 3,940
(A)(8) of section 1513.16 of the Revised Code. 3,941
(B) "Coal mining and reclamation operations" means coal 3,943
mining operations and all activities necessary and incident to 3,944
the reclamation of such operations. 3,945
(C) "Degrees" means inclination from the horizontal. 3,947
(D) "Deposition of sediment" means placing or causing to 3,949
be placed in any waters of the state, in stream beds on or off 3,950
the land described in an application for a coal mining permit, or 3,951
upon other lands any organic or inorganic matter that settles or 3,952
is capable of settling to the bottom of the waters and onto the 3,953
beds or lands. 3,954
(E) "Imminent danger to the health and safety of the 3,956
public" means the existence of any condition or practice or 3,957
violation of a permit or other requirement of this chapter or 3,958
rule adopted thereunder in a coal mining and reclamation 3,960
operation, which condition, practice, or violation could 3,961
reasonably be expected to cause substantial physical harm to 3,962
persons outside the permit area before the condition, practice, 3,963
or violation can be abated. A reasonable expectation of death or 3,964
serious injury before abatement exists if a rational person 3,965
subjected to the same conditions or practices giving rise to the 3,966
peril would not expose himself or herself ONESELF to the danger 3,967
during the time necessary for abatement.
(F) "Lands eligible for remining" means those lands that 3,969
otherwise would be eligible for expenditures under division 3,970
(C)(1) of section 1513.37 of the Revised Code. 3,971
(G) "Mountain top removal" means a coal mining operation 3,973
that will remove an entire coal seam or seams running through the 3,974
upper fraction of a mountain, ridge, or hill by removing all of 3,975
the overburden and creating a level plateau with no highwalls 3,976
89
remaining instead of restoring to approximate original contour, 3,977
and is capable of supporting postmining uses in accord ACCORDANCE 3,979
with the requirements established by the chief of the division of 3,980
mines and reclamation.
(H) "Operation" or "coal mining operation" means: 3,982
(1) Activities conducted on the surface of lands in 3,984
connection with a coal mine, the removal of coal from coal refuse 3,985
piles, and surface impacts incident to an underground coal mine. 3,986
Such activities include excavation for the purpose of obtaining 3,987
coal, including such common methods as contour, strip, auger, 3,988
mountaintop removal, box cut, open pit, and area mining; the use 3,989
of explosives and blasting; in situ distillation or retorting; 3,991
leaching or other chemical or physical processing; and the 3,992
cleaning, concentrating, or other processing or preparation of 3,993
coal. Such activities also include the loading of coal at or 3,994
near the mine site. Such activities do not include any of the 3,996
following:
(a) The extraction of coal incidental to the extraction of 3,998
other minerals if the weight of coal extracted is less than 4,000
one-sixth the total weight of minerals removed, including coal; 4,001
(b) The extraction of coal as an incidental part of 4,003
federal, state, or local highway or other government-financed 4,004
construction when approved by the chief; 4,005
(c) Coal exploration subject to section 1513.072 of the 4,007
Revised Code. 4,008
(2) The areas upon which such activities occur or where 4,010
such activities disturb the natural land surface. Such areas 4,011
include any adjacent land the use of which is incidental to any 4,012
such activities, all lands affected by the construction of new 4,013
roads or the improvement or use of existing roads to gain access 4,014
to the site of such activities, and for hauling, and excavation, 4,015
workings, impoundments, dams, ventilation shafts, entryways, 4,016
refuse banks, dumps, stockpiles, overburden piles, spoil banks, 4,017
culm banks, holes or depressions, repair areas, storage areas, 4,018
90
processing areas, shipping areas, and other areas upon which are 4,019
sited structures, facilities, or other property or materials on 4,020
the surface, resulting from or incident to such activities. 4,022
Separation by a stream, roadway, or utility easement does not 4,024
preclude two or more contiguous tracts of land from being 4,025
considered contiguous.
(I) "Operator" means any person conducting a coal mining 4,027
operation. 4,028
(J) "Overburden" means all of the earth and other 4,030
materials, except topsoil, covering a natural deposit of coal, 4,031
and also means such earth and other materials after removal from 4,032
their natural state in the process of coal mining. 4,033
(K) "Permit" means a permit to conduct coal mining and 4,035
reclamation operations issued by the chief pursuant to section 4,036
1513.07 or 1513.074 of the Revised Code. 4,037
(L) "Permit area" means the area of land to be affected 4,039
indicated on the approved map submitted by the operator with the 4,040
application required by section 1513.07 or 1513.074 of the 4,041
Revised Code. 4,042
(M) "Person" has the same meaning as in section 1.59 of 4,044
the Revised Code and also includes any political subdivision, 4,045
instrumentality, or agency of this state or the United States. 4,046
(N) "Pollution" means placing any sediments, solids, or 4,048
waterborne mining related wastes, including, but not limited to, 4,049
acids, metallic cations, or their salts, in excess of amounts 4,050
prescribed by the chief into any waters of the state or affecting 4,051
the properties of any waters of the state in a manner which THAT 4,052
renders those waters harmful or inimical to the public health, or 4,053
to animal or aquatic life, or to the use of the waters for 4,054
domestic water supply, industrial or agricultural purposes, or 4,055
recreation. 4,056
(O) "Prime farmland" has the same meaning as that 4,058
previously prescribed by the secretary of the United States 4,059
department of agriculture as published in the federal register on 4,060
91
August 23, 1977, or subsequent revisions thereof, on the basis of 4,061
such factors as moisture availability, temperature regime, 4,062
chemical balance, permeability, surface layer composition, 4,063
susceptibility to flooding, and erosion characteristics and which 4,064
THAT historically has been used for intensive agricultural 4,065
purposes, and as published in the rules adopted pursuant to this 4,066
chapter.
(P) "Reclamation" means backfilling, grading, resoiling, 4,068
planting, and other work that has the effect of restoring an area 4,069
of land affected by coal mining so that it may be used for forest 4,070
growth, grazing, agricultural, recreational, and wildlife 4,071
purpose, or some other useful purpose of equal or greater value 4,072
than existed prior to any mining. 4,073
(Q) "Spoil bank" means a deposit of removed overburden. 4,075
(R) "Steep slope" means any slope above twenty degrees or 4,077
such lesser slope as may be defined by the chief of reclamation 4,078
after considering soil, climate, and other characteristics of a 4,080
region.
(S) "Strip mining" means those coal mining and reclamation 4,082
operations incident to the extraction of coal from the earth by 4,083
removing the materials over a coal seam, before recovering the 4,084
coal, by auger coal mining, or by recovery of coal from a deposit 4,085
that is not in its original geologic location. 4,086
(T) "Unwarranted failure to comply" means the failure of a 4,088
permittee to prevent the occurrence of any violation of any 4,089
requirement of this chapter due to indifference, lack of 4,091
diligence, or lack of reasonable care, or the failure to abate 4,092
any violation of the permit or this chapter due to indifference, 4,093
lack of diligence, or lack of reasonable care. 4,094
(U) "Waters of the state" means all streams, lakes, ponds, 4,096
marshes, watercourses, waterways, wells, springs, irrigation 4,097
systems, drainage systems, and other bodies or accumulations of 4,099
water, surface or underground, natural or artificial, regardless 4,100
of the depth of the strata in which underground water is located, 4,101
92
which THAT are situated wholly or partly within, or border upon, 4,103
this state, or are within its jurisdiction.
(V) "Public roadway" means a road that is all of the 4,105
following:
(1) Designated as a public road in the jurisdiction within 4,107
which it is located; 4,108
(2) Constructed in a manner consistent with other public 4,110
roads within the jurisdiction within which it is located; 4,111
(3) Regularly maintained with public funds; 4,113
(4) Subject to and available for substantial use by the 4,115
public. 4,116
Sec. 1513.02. (A) The division of mines and reclamation 4,125
MINERAL RESOURCES MANAGEMENT shall administer, enforce, and 4,127
implement this chapter. The chief of the division of mines and 4,128
reclamation MINERAL RESOURCES MANAGEMENT shall do all of the 4,129
following:
(1) Adopt, amend, and rescind rules: 4,131
(a) To administer and enforce this chapter; 4,133
(b) To implement the requirements of this chapter for the 4,135
reclamation of lands affected by coal mining, including such 4,136
rules governing mining practices and procedures, segregation and 4,137
placement of soil and topsoil, backfilling, grading, terracing, 4,138
resoiling, soil conditioning and reconditioning, planting, 4,139
establishment of drainage patterns, construction of impoundments, 4,140
and the construction, maintenance, and disposition of haul roads, 4,141
ditches, and dikes, as may be necessary or desirable, under 4,142
varying conditions of slope, drainage, physical and chemical 4,143
characteristics of soil and overburden, erodability of materials, 4,144
season, growth characteristics of plants, and other factors 4,145
affecting coal mining and reclamation, to facilitate the return 4,146
of the land to a condition required by this chapter; to prevent 4,147
pollution or substantial diminution of waters of the state, 4,148
substantial erosion, substantial deposition of sediment, 4,149
landslides, accumulation and discharge of acid water, and 4,150
93
flooding, both during mining and reclamation and thereafter; to 4,151
restore the recharge capacity of the mined area to approximate 4,152
premining conditions; and to ensure full compliance with all 4,153
requirements of this chapter relating to reclamation, and the 4,154
attainment of those objectives in the interest of the public 4,155
health, safety, and welfare to which these reclamation 4,156
requirements are directed; 4,157
(c) To meet the requirements of the "Surface Mining 4,159
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,160
1201. 4,161
(2) Issue orders to enforce this chapter and rules adopted 4,163
under it; 4,164
(3) Adopt rules for the internal management of the 4,166
division that do not affect private rights; 4,167
(4) Adopt programs, rules, and procedures designed to 4,169
assist the coal operator in this state with the permitting 4,170
process and complying with the environmental standards of this 4,171
chapter. Upon request of the applicant for a permit, the chief 4,172
shall make a determination of the probable hydrologic 4,173
consequences required in division (B)(2)(k) of section 1513.07 of 4,174
the Revised Code within sixty days after a permit has been 4,175
submitted to the division for those applications requesting the 4,176
chief to perform the study. The chief shall perform the chemical 4,177
analysis of test borings or core samplings for operators who have 4,178
a total annual production of coal at all locations that does not 4,179
exceed one hundred thousand tons. 4,180
(5) Adopt programs, rules, and procedures designed to 4,182
ensure that reclamation is performed on operations for which the 4,183
performance bond has been forfeited pursuant to section 1513.16 4,184
of the Revised Code; 4,185
(6) Receive, administer, and expend moneys obtained from 4,187
the United States department of the interior and other federal 4,188
agencies to implement the state's permanent coal regulatory 4,189
program; 4,190
94
(7)(a) Regulate the beneficial use of coal combustion 4,193
byproducts at coal mining and reclamation operations and 4,194
abandoned mine lands that are regulated under this chapter and 4,195
rules adopted under it. The beneficial use of coal combustion 4,196
byproducts at such coal mining and reclamation operations and 4,197
abandoned mine lands is subject to all applicable performance 4,198
standards and requirements established under this chapter and 4,199
rules adopted under it, including, without limitation, standards 4,200
and requirements established under section 1513.16 of the Revised 4,201
Code and rules adopted pursuant to it. 4,203
The beneficial use of coal combustion byproducts that is 4,205
authorized at coal mining and reclamation operations and 4,206
abandoned mine lands that are regulated under this chapter and 4,207
rules adopted under it is not subject to the following provisions 4,209
of Chapters 3734. and 6111. of the Revised Code and rules adopted 4,211
under those provisions: 4,212
(i) Permit and license requirements for solid waste 4,215
facilities established under sections 3734.02 and 3734.05 of the 4,216
Revised Code; 4,217
(ii) The prohibition against the open dumping of solid 4,220
wastes established in section 3734.03 of the Revised Code; 4,222
(iii) Solid waste generation and disposal fees established 4,225
under sections 3734.57 to 3734.574 of the Revised Code; 4,227
(iv) Permit to install and plan approval requirements 4,230
established under sections 6111.03, 6111.44, and 6111.45 of the 4,231
Revised Code. 4,232
Nothing in division (A)(7) of this section shall be 4,235
construed to limit any other requirements that are applicable to 4,236
the beneficial use of coal combustion byproducts and that are 4,237
established under Chapter 3704., 3714., 3734., or 6111. of the 4,239
Revised Code or under local or federal laws, including, without 4,242
limitation, requirements governing air pollution control permits, 4,243
hazardous waste, national pollutant discharge elimination system 4,244
permits, and section 401 water quality certifications. 4,245
95
(b) As used in division (A)(7) of this section: 4,248
(i) "Coal combustion byproducts" means fly ash, bottom 4,251
ash, coal slag, flue gas desulphurization and fluidized bed 4,252
combustion byproducts, air or water pollution control residues 4,253
from the operation of a coal-fired electric or steam generation 4,254
facility, and any material from a clean coal technology 4,255
demonstration project or other innovative process at a coal-fired 4,256
electric or steam generation facility.
(ii) "Beneficial use" means the use of coal combustion 4,259
byproducts in a manner that is not equivalent to the 4,260
establishment of a disposal system or a solid waste disposal 4,261
facility and that is unlikely to affect human health or safety or 4,262
the environment adversely or to degrade the existing quality of 4,263
the land, air, or water. "Beneficial use" includes, without 4,264
limitation, land application uses for agronomic value; land 4,265
reclamation uses; and discrete, controlled uses for structural 4,266
fill, pavement aggregate, pipe bedding aggregate, mine sealing, 4,267
alternative drainage or capping material, and pilot demonstration 4,268
projects.
(iii) "Structural fill" means the discrete, controlled use 4,271
of a coal combustion byproduct as a substitute for a conventional 4,272
aggregate, raw material, or soil under or immediately adjacent to 4,273
a building or structure. "Structural fill" does not include uses 4,274
that involve general filling or grading operations or valley 4,275
fills.
(iv) "Pavement aggregate" means the discrete, controlled 4,278
use of a coal combustion byproduct as a subbase material or 4,279
drainage layer under or immediately adjacent to a paved road or a 4,280
paved parking lot where the coal combustion byproduct is a 4,281
substitute for a conventional aggregate, raw material, or soil. 4,282
(v) "Pipe bedding aggregate" means the discrete, 4,285
controlled use of a coal combustion byproduct as a substitute for 4,286
a conventional aggregate, raw material, or soil under, around, or 4,287
immediately adjacent to a water, sewer, or other pipeline. 4,288
96
(vi) "Coal-fired electric or steam generation facility" 4,291
includes any boiler that is fired with coal or with coal in 4,292
combination with petroleum coke, oil, natural gas, or any other 4,293
fossil fuel.
(vii) "Solid waste disposal facility" means a facility for 4,296
the disposal of solid wastes as provided in Chapter 3734. of the 4,297
Revised Code and rules adopted under it. 4,300
(viii) "Disposal system" has the same meaning as in 4,303
section 6111.01 of the Revised Code. 4,305
(B) The chief, by rule, may designate as unsuitable for 4,307
coal mining natural areas maintained on the registry of natural 4,308
areas of the department of natural resources pursuant to Chapter 4,310
1517. of the Revised Code, wild, scenic, or recreational river 4,311
areas designated pursuant to that chapter, publicly owned or 4,313
dedicated parks, and other areas of unique and irreplaceable 4,314
natural beauty or condition, or areas within specified distances 4,315
of a public road, occupied dwelling, public building, school, 4,316
church, community, or institutional building, public park, or 4,317
cemetery. Such a designation may include land adjacent to the 4,318
perimeters of those areas that may be necessary to protect their 4,319
integrity.
(C)(1) The adoption, amendment, and rescission of rules 4,321
under divisions (A)(1) and (B) of this section are subject to 4,322
Chapter 119. of the Revised Code. 4,323
(2) The issuance of orders under division (A)(2) of this 4,325
section and appeals therefrom are not governed by or subject to 4,326
Chapter 119. of the Revised Code, but are governed by this 4,327
chapter. 4,328
(D)(1) When the chief or an authorized representative of 4,330
the chief determines that any condition or practice exists or 4,331
that any permittee is in violation of any requirement of this 4,332
chapter or any permit condition required by this chapter, which 4,333
condition, practice, or violation creates an imminent danger to 4,334
the health or safety of the public or is causing, or can 4,335
97
reasonably be expected to cause, significant, imminent 4,336
environmental harm to land, air, or water resources, the chief or 4,337
the authorized representative immediately shall order the 4,338
cessation of coal mining and reclamation operations or the 4,339
portion thereof relevant to the condition, practice, or 4,340
violation. The cessation order shall remain in effect until the 4,341
chief or the authorized representative determines that the 4,342
condition, practice, or violation has been abated or until the 4,343
order is modified, vacated, or terminated by the chief or the 4,344
authorized representative pursuant to division (D)(4) of this 4,345
section or by the reclamation commission pursuant to section 4,346
1513.13 of the Revised Code. When the chief or the authorized 4,348
representative finds that the ordered cessation of coal mining 4,349
and reclamation operations or any portion thereof will not 4,350
completely abate the imminent danger to the health or safety of 4,351
the public or the significant, imminent environmental harm to 4,352
land, air, or water resources, the chief or the authorized 4,353
representative, in addition to the cessation order, shall order 4,354
the operator to take whatever steps the chief or the authorized 4,356
representative considers necessary to abate the imminent danger
or the significant environmental harm. 4,357
(2) When the chief or an authorized representative of the 4,360
chief determines that any person is in violation of any
requirement of this chapter or any permit condition required by 4,361
this chapter, but the violation does not create an imminent 4,362
danger to the health or safety of the public or cannot reasonably 4,363
be expected to cause significant, imminent environmental harm to 4,364
land, air, or water resources, the chief or the authorized 4,365
representative shall issue a notice of violation to the person or 4,367
the person's agent fixing a reasonable time for the abatement of 4,368
the violation, provided that the time afforded a person to abate 4,370
the violation shall not exceed the time limitations prescribed by 4,371
the secretary of the interior in 30 C.F.R. Part 843 for an 4,372
approvable state regulatory program under the "Surface Mining 4,373
98
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,374
1201.
If, upon expiration of the period of time as originally 4,376
fixed or subsequently extended for good cause shown and upon the 4,377
written finding of the chief or the authorized representative, 4,378
the chief or the authorized representative finds that the 4,380
violation has not been abated, the chief or the authorized 4,381
representative immediately shall order the cessation of coal 4,383
mining and reclamation operations or the portion thereof relevant 4,384
to the violation. The cessation order shall remain in effect 4,385
until the chief or the authorized representative determines that 4,386
the violation has been abated or until the order is modified, 4,387
vacated, or terminated by the chief or the authorized 4,388
representative pursuant to division (D)(4) of this section or by 4,390
the reclamation commission pursuant to section 1513.13 of the 4,392
Revised Code. In a cessation order issued under division (D)(2) 4,393
of this section, the chief or the authorized representative shall 4,396
prescribe the steps necessary to abate the violation in the most 4,397
expeditious manner possible.
(3) When in the judgment of the chief or an authorized 4,399
representative of the chief a pattern of violations of any 4,400
requirements of this chapter or any permit conditions required by 4,402
this chapter exists or has existed and the violations are caused 4,403
by the unwarranted failure of the permittee to comply with any 4,404
requirements of this chapter or any permit conditions or are 4,405
willfully caused by the permittee, the chief or the authorized 4,407
representative immediately shall issue an order to the permittee 4,408
to show cause why the permit should not be suspended or revoked. 4,409
If a hearing is requested, the chief shall inform all interested 4,410
parties of the time and place of the hearing and conduct the 4,411
hearing pursuant to division (D) of section 1513.13 of the 4,412
Revised Code. Upon the permittee's failure to show cause why the 4,414
permit should not be suspended or revoked, the chief or the 4,415
authorized representative immediately shall suspend or revoke the 4,417
99
permit.
(4) Notices of violation and orders issued pursuant to 4,419
this section shall set forth with reasonable specificity the 4,420
nature of the violation and the remedial action required, the 4,421
period of time established for abatement, and a reasonable 4,422
description of the portion of the coal mining and reclamation 4,423
operation to which the notice or order applies. Each notice or 4,424
order issued under this section shall be given promptly to the 4,425
alleged violator or the agent of the alleged violator by the 4,427
chief or an authorized representative of the chief who issues the 4,428
notice or order. Notices and orders shall be in writing and 4,429
shall be signed by the chief or the authorized representative and 4,430
may be modified, vacated, or terminated by the chief or the 4,432
authorized representative. Any notice or order issued pursuant 4,433
to this section that requires cessation of mining by the operator 4,434
shall expire within thirty days after actual notice to the 4,435
operator unless a public hearing pursuant to section 1513.13 of 4,436
the Revised Code is held at the site or within such reasonable 4,437
proximity to the site that any viewings of the site can be 4,438
conducted during the course of the public hearing. 4,439
(E) The chief may appoint, under section 121.13 of the 4,441
Revised Code, an advisory committee of experts in the fields of 4,442
hydrology, soil conservation, historic preservation, and related 4,443
fields to provide advice on coal mining and reclamation 4,445
practices, the environmental impact of coal mining, the adoption 4,446
of rules, the approval of plans, and the issuance of permits 4,447
under section 1513.07 of the Revised Code. 4,448
(F)(1) A person who violates a permit condition or any 4,450
other provision of this chapter may be assessed a civil penalty 4,451
by the chief, except that if the violation leads to the issuance 4,452
of a cessation order under division (D) of this section, the 4,453
civil penalty shall be assessed for each day until the person 4,454
initiates the necessary corrective steps. The penalty shall not 4,455
exceed five thousand dollars for each violation. Each day of 4,456
100
continuing violation may be deemed a separate violation for 4,457
purposes of penalty assessments. In determining the amount of 4,458
the penalty, consideration shall be given to the person's history 4,459
of previous violation at the particular coal mining operation; 4,460
the seriousness of the violation, including any irreparable harm 4,461
to the environment and any hazard to the health or safety of the 4,462
public; whether the person was negligent; and the demonstrated 4,463
diligence of the person charged in attempting to achieve rapid 4,464
compliance after notification of the violation. 4,465
(2) A civil penalty shall be assessed by the chief only 4,467
after the person charged with a violation under division 4,469
(F)(E)(1) of this section has been given an opportunity for a 4,470
public hearing. If a person charged with such a violation fails 4,471
to avail self ONESELF of the opportunity for a public hearing, a 4,472
civil penalty shall be assessed by the chief after the chief has 4,473
determined that a violation did occur, and the amount of the 4,474
penalty that is warranted, and has issued an order requiring that 4,477
the penalty be paid.
(3) Upon the issuance of a notice or order charging that a 4,479
violation of this chapter has occurred, the chief shall inform 4,480
the operator within thirty days of the proposed amount of the 4,481
penalty and provide opportunity for an adjudicatory hearing 4,482
pursuant to section 1513.13 of the Revised Code. The person 4,483
charged with the penalty then shall have thirty days to pay the 4,484
proposed penalty in full or, if the person wishes to contest 4,485
either the amount of the penalty or the fact of the violation, 4,486
file a petition for review of the proposed assessment with the 4,487
secretary of the reclamation commission pursuant to section 4,489
1513.13 of the Revised Code. If, after the hearing, the 4,490
commission affirms or modifies the proposed amount of the 4,492
penalty, the person charged with the penalty then shall have 4,493
thirty days after receipt of the written decision to pay the 4,494
amount in full or file an appeal with the court of appeals in 4,495
accordance with section 1513.14 of the Revised Code. At the time 4,496
101
the petition for review of the proposed assessment is filed with 4,497
the secretary, the person shall forward the amount of the penalty 4,498
to the secretary for placement in the reclamation penalty fund, 4,499
which is hereby created. The fund shall be in the custody of the 4,500
treasurer of state, but shall not be a part of the state 4,501
treasury. Pursuant to administrative or judicial review of the 4,502
penalty, the secretary, within thirty days, shall remit the 4,503
appropriate amount of the penalty to the person, with interest, 4,504
if it is determined that no violation occurred or that the amount 4,505
of the penalty should be reduced, and the secretary shall forward 4,506
the balance of the penalty or, if the penalty was not reduced, 4,508
the entire amount of the penalty, with interest, to the chief for 4,509
deposit in the coal mining administration and reclamation reserve 4,510
fund created in section 1513.181 of the Revised Code. Failure to 4,511
forward the money to the secretary within thirty days after the 4,512
chief informs the operator of the proposed amount of the penalty 4,513
shall result in a waiver of all legal rights to contest the 4,514
violation or the amount of the penalty. Within fifteen days 4,515
after being informed of the penalty, the person charged with the 4,516
penalty may request in writing an informal assessment conference 4,517
to review the amount of the penalty. The conference shall be 4,518
presided over by the chief or an individual appointed by the 4,519
chief other than the inspector that issued the notice of 4,521
violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal 4,522
conferences. Time allowed for payment of the penalty or appeal 4,523
to the commission shall be tolled while the penalty is being 4,525
reviewed in an informal conference. 4,526
(4) An operator who fails to correct a violation for which 4,528
a notice of violation or order has been issued under division (D) 4,529
of this section within the period permitted for its correction 4,530
shall be assessed a civil penalty of not less than seven hundred 4,531
fifty dollars for each day during which the failure or violation 4,532
continues. However, a civil penalty shall not be assessed under 4,533
102
division (F)(E)(4) of this section if the commission orders the 4,535
suspension of the abatement requirement after determining, based 4,537
upon the findings of an expedited hearing held under section 4,538
1513.13 of the Revised Code at the request of the operator, that 4,539
the operator will suffer irreparable loss or damage from the 4,540
application of the abatement requirement or if the court orders 4,541
suspension of the abatement requirement pursuant to review 4,542
proceedings held under section 1513.14 of the Revised Code at the 4,543
request of the operator.
(G)(F) The chief may enter into a cooperative agreement 4,545
with the secretary of the interior to provide for state 4,546
regulation of coal mining and reclamation operations on federal 4,547
lands within the state. 4,548
(H)(G) The chief may prohibit augering if necessary to 4,550
maximize the utilization, recoverability, or conservation of the 4,551
solid fuel resources or to protect against adverse water quality 4,552
impacts. 4,553
(I)(H) The chief shall transmit copies of all schedules 4,555
submitted under section 1513.07 of the Revised Code pertaining to 4,556
violations of air or water quality laws and rules adopted and 4,557
orders issued under those laws in connection with coal mining 4,559
operations to the director of environmental protection for 4,560
verification. 4,561
(J)(I) For the purposes of sections 1513.18, 1513.24, 4,563
1513.37, and 1514.06 of the Revised Code, the chief triennially 4,564
shall determine the average wage rate for companies performing 4,565
reclamation work for the division under those sections by 4,566
averaging the wage rate paid by all companies performing such 4,567
reclamation work during the three years immediately preceding the 4,569
determination. However, in making the initial determination 4,570
under this division, the chief shall average the wage rate paid 4,571
by all companies performing such reclamation work during the ten 4,572
years immediately preceding October 29, 1995. 4,573
Sec. 1513.03. The chief of the division of mines and 4,582
103
reclamation MINERAL RESOURCES MANAGEMENT shall designate certain 4,583
employees of the division as inspection officers of coal and 4,585
surface mining operations MINERAL RESOURCES INSPECTORS for the 4,586
purpose of enforcing the coal mining laws and the surface mining 4,587
laws. Such inspection officers INSPECTORS may enter upon and 4,588
inspect any coal or surface mining operation at any time, and 4,589
upon entering the permit area the inspector shall notify the 4,590
operator and shall furnish proper identification. After the 4,591
final maps have been approved, the inspector shall notify the 4,592
nearest mine office of the operator and advise of the inspection. 4,593
They may serve and execute warrants and other processes of law 4,594
issued in the enforcement of this chapter and Chapter 1514. of 4,595
the Revised Code and rules adopted thereunder. 4,596
Such inspection officers INSPECTORS, while in the normal, 4,598
lawful, and peaceful pursuit of their duties, may enter upon, 4,600
cross over, and remain upon privately owned lands for such 4,601
purposes, and shall not be subject to arrest for trespass while 4,602
so engaged or for such cause thereafter. 4,603
Before a person other than a person who was an inspector of 4,605
coal or surface mining operations on April 10, 1972, is eligible 4,606
for appointment as an inspection officer A MINERAL RESOURCES 4,607
INSPECTOR, he THE PERSON shall pass an examination prepared and 4,609
administered by the department of administrative services and 4,610
shall serve in a provisional status for a probationary period of 4,611
one year to the satisfaction of the chief. The chief may hire 4,612
provisionally, pending the administration of a civil service 4,613
examination and establishment of a civil service eligibility 4,614
list. A person serving in a provisional status has the same 4,615
authority as a permanently appointed inspection officer 4,616
INSPECTOR. This section does not affect the status of any person 4,618
employed as an inspector of coal or surface mining operations 4,619
prior to April 10, 1972, if the person is a certified employee in 4,620
the classified service of the state.
Sec. 1513.07. (A)(1) No operator shall conduct a coal 4,629
104
mining operation without a permit for the operation issued by the 4,631
chief of the division of mines and reclamation. Any permit
validly issued by the chief after February 3, 1978, in effect on 4,632
September 1, 1981, that would expire at any time before eight 4,633
months after approval of the state reclamation program by the 4,634
secretary of the United States department of the interior 4,635
pursuant to the "Surface Mining Control and Reclamation Act of 4,636
1977," 91 Stat. 446, 20 U.S.C. 1201, shall remain in effect until 4,637
eight months after approval of the program. A permit so extended 4,638
shall continue as a valid existing permit beyond the eight-month 4,639
period if the permittee, having filed an application for a new 4,640
permit within two months after the date of approval of the state 4,641
program, has not received an initial administrative decision on 4,642
the application MINERAL RESOURCES MANAGEMENT. 4,643
(2) All permits issued pursuant to this chapter shall be 4,645
issued for a term not to exceed five years, except that, if the 4,646
applicant demonstrates that a specified longer term is reasonably 4,647
needed to allow the applicant to obtain necessary financing for 4,648
equipment and the opening of the operation and if the application 4,649
is full and complete for the specified longer term, the chief may 4,650
grant a permit for the longer term. A successor in interest to a 4,651
permittee who applies for a new permit within thirty days after 4,652
succeeding to the interest and who is able to obtain the bond 4,653
coverage of the original permittee may continue coal mining and 4,654
reclamation operations according to the approved mining and 4,655
reclamation plan of the original permittee until the successor's 4,656
application is granted or denied. 4,657
(3) A permit shall terminate if the permittee has not 4,659
commenced the coal mining operations covered by the permit within 4,660
three years after the issuance of the permit, except that the 4,661
chief may grant reasonable extensions of the time upon a showing 4,662
that the extensions are necessary by reason of litigation 4,663
precluding the commencement or threatening substantial economic 4,664
loss to the permittee or by reason of conditions beyond the 4,665
105
control and without the fault or negligence of the permittee, and 4,666
except that with respect to coal to be mined for use in a 4,667
synthetic fuel facility or specified major electric generating 4,668
facility, the permittee shall be deemed to have commenced coal 4,669
mining operations at the time construction of the synthetic fuel 4,670
or generating facility is initiated. 4,671
(4)(a) Any permit issued pursuant to this chapter shall 4,673
carry with it the right of successive renewal upon expiration 4,674
with respect to areas within the boundaries of the permit. The 4,675
holders of the permit may apply for renewal and the renewal shall 4,676
be issued unless the chief determines by written findings, 4,677
subsequent to fulfillment of the public notice requirements of 4,678
this section and section 1513.071 of the Revised Code through 4,679
demonstrations by opponents of renewal or otherwise, that one or 4,680
more of the following circumstances exists: 4,681
(i) The terms and conditions of the existing permit are 4,683
not being satisfactorily met; 4,684
(ii) The present coal mining and reclamation operation is 4,686
not in compliance with the environmental protection standards of 4,687
this chapter; 4,688
(iii) The renewal requested substantially jeopardizes the 4,690
operator's continuing responsibilities on existing permit areas; 4,691
(iv) The applicant has not provided evidence that the 4,693
performance bond in effect for the operation will continue in 4,694
effect for any renewal requested in the application; 4,695
(v) Any additional, revised, or updated information 4,697
required by the chief has not been provided. Prior to the 4,698
approval of any renewal of a permit, the chief shall provide 4,699
notice to the appropriate public authorities as prescribed by 4,700
rule of the chief. 4,701
(b) If an application for renewal of a valid permit 4,703
includes a proposal to extend the mining operation beyond the 4,704
boundaries authorized in the existing permit, the portion of the 4,705
application for renewal of a valid permit that addresses any new 4,706
106
land areas shall be subject to the full standards applicable to 4,707
new applications under this chapter. 4,708
(c) A permit renewal shall be for a term not to exceed the 4,710
period of the original permit established by this chapter. 4,711
Application for permit renewal shall be made at least one hundred 4,712
twenty days prior to the expiration of the valid permit. 4,713
(5) A permit issued pursuant to this chapter does not 4,715
eliminate the requirements for obtaining a permit to install or 4,716
modify a disposal system or any part thereof or to discharge 4,717
sewage, industrial waste, or other wastes into the waters of the 4,718
state in accordance with Chapter 6111. of the Revised Code. 4,719
(B)(1) Each application for a coal mining and reclamation 4,721
permit or renewal of such a permit shall be accompanied by a 4,722
permit or renewal fee in an amount equal to the product of 4,723
seventy-five dollars multiplied by the number of acres, estimated 4,724
in the application, that will comprise the area of land to be 4,725
affected within the permit or renewal period by the coal mining 4,726
operation for which the permit or renewal is requested. 4,727
(2) The permit application shall be submitted in a manner 4,729
satisfactory to the chief and shall contain, among other things, 4,730
all of the following: 4,731
(a) The names and addresses of all of the following: 4,733
(i) The permit applicant; 4,735
(ii) Every legal owner of record of the property, surface 4,737
and mineral, to be mined; 4,738
(iii) The holders of record of any leasehold interest in 4,740
the property; 4,741
(iv) Any purchaser of record of the property under a real 4,743
estate contract; 4,744
(v) The operator if different from the applicant; 4,746
(vi) If any of these are business entities other than a 4,748
single proprietor, the names and addresses of the principals, 4,749
officers, and statutory agent for service of process. 4,750
(b) The names and addresses of the owners of record of all 4,752
107
surface and subsurface areas adjacent to any part of the permit 4,753
area; 4,754
(c) A statement of any current or previous coal mining 4,756
permits in the United States held by the applicant, the permit 4,757
identification, and any pending applications; 4,758
(d) If the applicant is a partnership, corporation, 4,760
association, or other business entity, the following where 4,761
applicable: the names and addresses of every officer, partner, 4,762
director, or person performing a function similar to a director, 4,763
of the applicant, the name and address of any person owning, of 4,764
record, ten per cent or more of any class of voting stock of the 4,765
applicant, a list of all names under which the applicant, 4,766
partner, or principal shareholder previously operated a coal 4,767
mining operation within the United States within the five-year 4,768
period preceding the date of submission of the application, and a 4,769
list of the person or persons primarily responsible for ensuring 4,770
that the applicant complies with the requirements of this chapter 4,771
and rules adopted pursuant thereto while mining and reclaiming 4,772
under the permit; 4,773
(e) A statement of whether the applicant, any subsidiary, 4,775
affiliate, or persons controlled by or under common control with 4,776
the applicant, any partner if the applicant is a partnership, any 4,777
officer, principal shareholder, or director if the applicant is a 4,778
corporation, or any other person who has a right to control or in 4,779
fact controls the management of the applicant or the selection of 4,780
officers, directors, or managers of the applicant: 4,781
(i) Has ever held a federal or state coal mining permit 4,783
that in the five-year period prior to the date of submission of 4,784
the application has been suspended or revoked or has had a coal 4,785
mining bond or similar security deposited in lieu of bond 4,786
forfeited and, if so, a brief explanation of the facts involved; 4,787
(ii) Has been an officer, partner, director, principal 4,789
shareholder, or person having the right to control or has in fact 4,790
controlled the management of or the selection of officers, 4,791
108
directors, or managers of a business entity that has had a coal 4,792
mining or surface mining permit that in the five-year period 4,793
prior to the date of submission of the application has been 4,794
suspended or revoked or has had a coal mining or surface mining 4,795
bond or similar security deposited in lieu of bond forfeited and, 4,796
if so, a brief explanation of the facts involved. 4,797
(f) A copy of the applicant's advertisement to be 4,799
published in a newspaper of general circulation in the locality 4,800
of the proposed site at least once a week for four successive 4,801
weeks, which shall include the ownership of the proposed mine, a 4,802
description of the exact location and boundaries of the proposed 4,803
site sufficient to make the proposed operation readily 4,804
identifiable by local residents, and the location where the 4,805
application is available for public inspection; 4,806
(g) A description of the type and method of coal mining 4,808
operation that exists or is proposed, the engineering techniques 4,809
proposed or used, and the equipment used or proposed to be used; 4,810
(h) The anticipated or actual starting and termination 4,812
dates of each phase of the mining operation and number of acres 4,813
of land to be affected; 4,814
(i) An accurate map or plan, to an appropriate scale, 4,816
clearly showing the land to be affected and the land upon which 4,817
the applicant has the legal right to enter and commence coal 4,818
mining operations, copies of those documents upon which is based 4,819
the applicant's legal right to enter and commence coal mining 4,821
operations, and a statement whether that right is the subject of 4,822
pending litigation. This chapter does not authorize the chief to 4,823
adjudicate property title disputes. 4,824
(j) The name of the watershed and location of the surface 4,826
stream or tributary into which drainage from the operation will 4,827
be discharged; 4,828
(k) A determination of the probable hydrologic 4,830
consequences of the mining and reclamation operations, both on 4,831
and off the mine site, with respect to the hydrologic regime, 4,832
109
providing information on the quantity and quality of water in 4,833
surface and ground water systems including the dissolved and 4,834
suspended solids under seasonal flow conditions and the 4,835
collection of sufficient data for the mine site and surrounding 4,836
areas so that an assessment can be made by the chief of the 4,837
probable cumulative impacts of all anticipated mining in the area 4,838
upon the hydrology of the area and particularly upon water 4,839
availability, but this determination shall not be required until 4,840
hydrologic information of the general area prior to mining is 4,841
made available from an appropriate federal or state agency; 4,842
however, the permit shall not be approved until the information 4,843
is available and is incorporated into the application; 4,844
(l) When requested by the chief, the climatological 4,846
factors that are peculiar to the locality of the land to be 4,847
affected, including the average seasonal precipitation, the 4,848
average direction and velocity of prevailing winds, and the 4,849
seasonal temperature ranges; 4,850
(m) Accurate maps prepared by or under the direction of 4,852
and certified by a qualified registered professional engineer, 4,853
registered surveyor, or licensed landscape architect to an 4,854
appropriate scale clearly showing all types of information set 4,855
forth on topographical maps of the United States geological 4,856
survey of a scale of not more than four hundred feet to the inch, 4,857
including all man-made ARTIFICIAL features and significant known 4,858
archeological sites. The map, among other things specified by 4,860
the chief, shall show all boundaries of the land to be affected,
the boundary lines and names of present owners of record of all 4,861
surface areas abutting the permit area, and the location of all 4,862
buildings within one thousand feet of the permit area. 4,863
(n)(i) Cross-section maps or plans of the land to be 4,865
affected including the actual area to be mined, prepared by or 4,866
under the direction of and certified by a qualified registered 4,867
professional engineer or certified professional geologist with 4,868
assistance from experts in related fields such as hydrology, 4,869
110
hydrogeology, geology, and landscape architecture, showing 4,870
pertinent elevations and locations of test borings or core 4,871
samplings and depicting the following information: the nature 4,872
and depth of the various strata of overburden; the nature and 4,873
thickness of any coal or rider seam above the coal seam to be 4,874
mined; the nature of the stratum immediately beneath the coal 4,875
seam to be mined; all mineral crop lines and the strike and dip 4,876
of the coal to be mined within the area to be affected; existing 4,877
or previous coal mining limits; the location and extent of known 4,878
workings of any underground mines, including mine openings to the 4,879
surface; the location of spoil, waste, or refuse areas and 4,880
topsoil preservation areas; the location of all impoundments for 4,881
waste or erosion control; any settling or water treatment 4,882
facility; constructed or natural drainways and the location of 4,883
any discharges to any surface body of water on the land to be 4,884
affected or adjacent thereto; profiles at appropriate cross 4,885
sections of the anticipated final surface configuration that will 4,886
be achieved pursuant to the operator's proposed reclamation plan; 4,887
the location of subsurface water, if encountered; the location 4,888
and quality of aquifers; and the estimated elevation of the water 4,889
table. Registered surveyors shall be allowed to perform all 4,890
plans, maps, and certifications under this chapter as they are 4,891
authorized under Chapter 4733. of the Revised Code. 4,892
(ii) A statement of the quality and locations of 4,894
subsurface water. The chief shall provide by rule the number of 4,895
locations to be sampled, frequency of collection, and parameters 4,896
to be analyzed to obtain the statement required. 4,897
(o) A statement of the results of test borings or core 4,899
samplings from the permit area, including logs of the drill 4,900
holes, the thickness of the coal seam found, an analysis of the 4,901
chemical properties of the coal, the sulfur content of any coal 4,902
seam, chemical analysis of potentially acid or toxic forming 4,903
sections of the overburden, and chemical analysis of the stratum 4,904
lying immediately underneath the coal to be mined, except that 4,905
111
this division may be waived by the chief with respect to the 4,906
specific application by a written determination that its 4,907
requirements are unnecessary; 4,908
(p) For those lands in the permit application which THAT a 4,910
reconnaissance inspection suggests may be prime farmlands, a soil 4,911
survey shall be made or obtained according to standards 4,912
established by the secretary of the United States department of 4,913
agriculture in order to confirm the exact location of the prime 4,914
farmlands, if any; 4,915
(q) A certificate issued by an insurance company 4,917
authorized to do business in this state certifying that the 4,918
applicant has a public liability insurance policy in force for 4,919
the coal mining and reclamation operations for which the permit 4,920
is sought or evidence that the applicant has satisfied other 4,921
state self-insurance requirements. The policy shall provide for 4,922
personal injury and property damage protection in an amount 4,923
adequate to compensate any persons damaged as a result of coal 4,924
mining and reclamation operations, including the use of 4,925
explosives, and entitled to compensation under the applicable 4,926
provisions of state law. The policy shall be maintained in 4,927
effect during the term of the permit or any renewal, including 4,928
the length of all reclamation operations. The insurance company 4,929
shall give prompt notice to the permittee and the chief if the 4,930
public liability insurance policy lapses for any reason including 4,931
the nonpayment of insurance premiums. Upon the lapse of the 4,932
policy, the chief may suspend the permit and all other 4,933
outstanding permits until proper insurance coverage is obtained. 4,934
(r) The business telephone number of the applicant; 4,936
(s) If the applicant seeks an authorization under division 4,938
(E)(7) of this section to conduct coal mining and reclamation 4,939
operations on areas to be covered by the permit that were 4,940
affected by coal mining operations before August 3, 1977, that 4,941
have resulted in continuing water pollution from or on the 4,942
previously mined areas, such additional information pertaining to 4,943
112
those previously mined areas as may be required by the chief, 4,944
including, without limitation, maps, plans, cross sections, data 4,945
necessary to determine existing water quality from or on those 4,946
areas with respect to pH, iron, and manganese, and a pollution 4,947
abatement plan that may improve water quality from or on those 4,948
areas with respect to pH, iron, and manganese. 4,949
(3) Information pertaining to coal seams, test borings, 4,951
core samplings, or soil samples as required by this section shall 4,952
be made available by the chief to any person with an interest 4,953
that is or may be adversely affected, except that information 4,954
that pertains only to the analysis of the chemical and physical 4,955
properties of the coal, excluding information regarding mineral 4,956
or elemental content that is potentially toxic in the 4,957
environment, shall be kept confidential and not made a matter of 4,958
public record. 4,959
(4)(a) If the chief finds that the probable total annual 4,961
production at all locations of any operator will not exceed three 4,962
hundred thousand tons, the following activities, upon the written 4,965
request of the operator in connection with a permit application,
shall be performed by a qualified public or private laboratory or 4,967
another public or private qualified entity designated by the 4,968
chief, and the cost of the activities shall be assumed by the 4,969
chief, provided that sufficient moneys for such assistance are
available:
(i) The determination of probable hydrologic consequences 4,971
required under division (B)(2)(k) of this section; 4,972
(ii) The development of cross-section maps and plans 4,974
required under division (B)(2)(n)(i) of this section; 4,975
(iii) The geologic drilling and statement of results of 4,977
test borings and core samplings required under division (B)(2)(o) 4,978
of this section;
(iv) The collection of archaeological information required 4,980
under division (B)(2)(m) of this section and any other 4,981
archaeological and historical information required by the chief, 4,982
113
and the preparation of plans necessitated thereby; 4,983
(v) Pre-blast surveys required under division (E) of 4,985
section 1513.161 of the Revised Code; 4,986
(vi) The collection of site-specific resource information 4,988
and production of protection and enhancement plans for fish and 4,989
wildlife habitats and other environmental values required by the 4,990
chief under this chapter.
(b) A coal operator that has received assistance under 4,992
division (B)(4)(a) of this section shall reimburse the chief for 4,993
the cost of the services rendered if the chief finds that the 4,994
operator's actual and attributed annual production of coal for 4,995
all locations exceeds three hundred thousand tons during the
twelve months immediately following the date on which the 4,996
operator was issued a coal mining and reclamation permit. 4,997
(5) Each applicant for a permit shall submit to the chief 4,999
as part of the permit application a reclamation plan that meets 5,000
the requirements of this chapter. 5,001
(6) Each applicant for a coal mining and reclamation 5,003
permit shall file a copy of the application for a permit, 5,004
excluding that information pertaining to the coal seam itself, 5,005
for public inspection with the county recorder or an appropriate 5,006
public office approved by the chief in the county where the 5,007
mining is proposed to occur. 5,008
(7) Each applicant for a coal mining and reclamation 5,010
permit shall submit to the chief as part of the permit 5,011
application a blasting plan that describes the procedures and 5,012
standards by which the operator will meet the provisions of 5,013
COMPLY WITH section 1513.161 of the Revised Code. 5,014
(C) Each reclamation plan submitted as part of a permit 5,016
application shall include, in the detail necessary to demonstrate 5,017
that reclamation required by this chapter can be accomplished, a 5,018
statement of: 5,019
(1) The identification of the lands subject to coal mining 5,021
operations over the estimated life of those operations and the 5,022
114
size, sequence, and timing of the subareas for which it is 5,023
anticipated that individual permits for mining will be sought; 5,024
(2) The condition of the land to be covered by the permit 5,026
prior to any mining including all of the following: 5,027
(a) The uses existing at the time of the application and, 5,029
if the land has a history of previous mining, the uses that 5,030
preceded any mining; 5,031
(b) The capability of the land prior to any mining to 5,033
support a variety of uses, giving consideration to soil and 5,034
foundation characteristics, topography, and vegetative cover and, 5,035
if applicable, a soil survey prepared pursuant to division 5,036
(B)(2)(p) of this section; 5,037
(c) The productivity of the land prior to mining, 5,039
including appropriate classification as prime farmlands as well 5,040
as the average yield of food, fiber, forage, or wood products 5,041
obtained from the land under high levels of management. 5,042
(3) The use that is proposed to be made of the land 5,044
following reclamation, including information regarding the 5,045
utility and capacity of the reclaimed land to support a variety 5,046
of alternative uses, the relationship of the proposed use to 5,047
existing land use policies and plans, and the comments of any 5,048
owner of the land and state and local governments or agencies 5,049
thereof that would have to initiate, implement, approve, or 5,050
authorize the proposed use of the land following reclamation; 5,051
(4) A detailed description of how the proposed postmining 5,053
land use is to be achieved and the necessary support activities 5,054
that may be needed to achieve the proposed land use; 5,055
(5) The engineering techniques proposed to be used in 5,057
mining and reclamation and a description of the major equipment; 5,058
a plan for the control of surface water drainage and of water 5,059
accumulation; a plan, where appropriate, for backfilling, soil 5,060
stabilization, and compacting, grading, and appropriate 5,061
revegetation; a plan for soil reconstruction, replacement, and 5,062
stabilization, pursuant to the performance standards in section 5,063
115
1513.16 of the Revised Code, for those food, forage, and forest 5,064
lands identified in that section; and an estimate of the cost per 5,066
acre of the reclamation, including a statement as to how the 5,067
permittee plans to comply with each of the requirements set out 5,068
in section 1513.16 of the Revised Code;
(6) A description of the means by which the utilization 5,070
and conservation of the solid fuel resource being recovered will 5,071
be maximized so that reaffecting the land in the future can be 5,072
minimized; 5,073
(7) A detailed estimated timetable for the accomplishment 5,075
of each major step in the reclamation plan; 5,076
(8) A description of the degree to which the coal mining 5,078
and reclamation operations are consistent with surface owner 5,079
plans and applicable state and local land use plans and programs; 5,080
(9) The steps to be taken to comply with applicable air 5,082
and water quality laws and regulations and any applicable health 5,083
and safety standards; 5,084
(10) A description of the degree to which the reclamation 5,086
plan is consistent with local physical, environmental, and 5,087
climatological conditions; 5,088
(11) A description of all lands, interests in lands, or 5,090
options on such interests held by the applicant or pending bids 5,091
on interests in lands by the applicant, which lands are 5,092
contiguous to the area to be covered by the permit; 5,093
(12) The results of test borings that the applicant has 5,095
made at the area to be covered by the permit, or other equivalent 5,096
information and data in a form satisfactory to the chief, 5,097
including the location of subsurface water, and an analysis of 5,098
the chemical properties, including acid forming properties of the 5,099
mineral and overburden; except that information that pertains 5,100
only to the analysis of the chemical and physical properties of 5,101
the coal, excluding information regarding mineral or elemental 5,102
contents that are potentially toxic in the environment, shall be 5,103
kept confidential and not made a matter of public record; 5,104
116
(13) A detailed description of the measures to be taken 5,106
during the mining and reclamation process to ensure the 5,107
protection of all of the following: 5,108
(a) The quality of surface and ground water systems, both 5,110
on- and off-site, from adverse effects of the mining and 5,111
reclamation process; 5,112
(b) The rights of present users to such water; 5,114
(c) The quantity of surface and ground water systems, both 5,116
on- and off-site, from adverse effects of the mining and 5,117
reclamation process or, where such protection of quantity cannot 5,118
be assured, provision of alternative sources of water. 5,119
(14) Any other requirements the chief prescribes by rule. 5,121
(D)(1) Any information required by division (C) of this 5,123
section that is not on public file pursuant to this chapter shall 5,124
be held in confidence by the chief. 5,125
(2) With regard to requests for an exemption from the 5,127
requirements of this chapter for coal extraction incidental to 5,128
the extraction of other minerals, as described in division 5,129
(H)(1)(a) of section 1513.01 of the Revised Code, confidential 5,130
information includes and is limited to information concerning
trade secrets or privileged commercial or financial information 5,131
relating to the competitive rights of the persons intending to 5,132
conduct the extraction of minerals. 5,133
(E)(1) Upon the basis of a complete mining application and 5,135
reclamation plan or a revision or renewal thereof, as required by 5,136
this chapter, and information obtained as a result of public 5,137
notification and public hearing, if any, as provided by section 5,138
1513.071 of the Revised Code, the chief shall grant, require 5,139
modification of, or deny the application for a permit in a 5,140
reasonable time set by the chief and notify the applicant in 5,141
writing. The applicant for a permit or revision of a permit has 5,142
the burden of establishing that the application is in compliance 5,144
with all the requirements of this chapter. Within ten days after 5,145
the granting of a permit, the chief shall notify the boards of 5,146
117
township trustees and county commissioners, the mayor, and the 5,147
legislative authority in the township, county, and municipal 5,148
corporation in which the area of land to be affected is located 5,149
that a permit has been issued and shall describe the location of 5,150
the land. However, failure of the chief to notify the local 5,151
officials shall not affect the status of the permit. 5,152
(2) No permit application or application for revision of 5,154
an existing permit shall be approved unless the application 5,155
affirmatively demonstrates and the chief finds in writing on the 5,156
basis of the information set forth in the application or from 5,157
information otherwise available, which will SHALL be documented 5,158
in the approval and made available to the applicant, all of the 5,160
following: 5,161
(a) The application is accurate and complete and that all 5,163
the requirements of this chapter have been complied with;. 5,164
(b) The applicant has demonstrated that the reclamation 5,166
required by this chapter can be accomplished under the 5,167
reclamation plan contained in the application;. 5,168
(c)(i) Assessment of the probable cumulative impact of all 5,170
anticipated mining in the general and adjacent area on the 5,171
hydrologic balance specified in division (B)(2)(k) of this 5,172
section has been made by the chief, and the proposed operation 5,173
has been designed to prevent material damage to hydrologic 5,174
balance outside the permit area;. 5,175
(ii) There shall be an ongoing process conducted by the 5,177
chief in cooperation with other state and federal agencies to 5,178
review all assessments of probable cumulative impact of coal 5,179
mining in light of post-mining data and any other hydrologic 5,180
information as it becomes available to determine if the 5,181
assessments were realistic. The chief shall take appropriate 5,182
action as indicated in the review process. 5,183
(d) The area proposed to be mined is not included within 5,185
an area designated unsuitable for coal mining pursuant to section 5,186
1513.073 of the Revised Code or is not within an area under study 5,187
118
for such designation in an administrative proceeding commenced 5,188
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the 5,189
Revised Code unless in an area as to which an administrative 5,190
proceeding has commenced pursuant to division (A)(3)(c) or (B) of 5,191
section 1513.073 of the Revised Code, the operator making the 5,192
permit application demonstrates that, prior to January 1, 1977, 5,193
the operator made substantial legal and financial commitments in 5,195
relation to the operation for which a permit is sought;. 5,197
(e) In cases where the private mineral estate has been 5,199
severed from the private surface estate, the applicant has 5,200
submitted to the chief one of the following: 5,201
(i) The written consent of the surface owner to the 5,203
extraction of coal by strip mining methods; 5,204
(ii) A conveyance that expressly grants or reserves the 5,206
right to extract the coal by strip mining methods; 5,207
(iii) If the conveyance does not expressly grant the right 5,209
to extract coal by strip mining methods, the surface-subsurface 5,210
legal relationship shall be determined under the law of this 5,211
state. This chapter does not authorize the chief to adjudicate 5,212
property rights disputes. 5,213
(3)(a) The applicant shall file with the permit 5,215
application a schedule listing all notices of violations of any 5,216
law, rule, or regulation of the United States or of any 5,217
department or agency thereof or of any state pertaining to air or 5,218
water environmental protection incurred by the applicant in 5,219
connection with any coal mining operation during the three-year 5,220
period prior to the date of application. The schedule also shall 5,221
indicate the final resolution of such a notice of violation. 5,222
Upon receipt of an application, the chief shall provide a 5,223
schedule listing all notices of violations of this chapter 5,224
pertaining to air or water environmental protection incurred by 5,225
the applicant during the three-year period prior to receipt of 5,226
the application and the final resolution of all such notices of 5,227
violation. The chief shall provide this schedule to the 5,228
119
applicant for filing by the applicant with the application filed 5,229
for public review, as required by division (B)(6) of this 5,230
section. When the schedule or other information available to the 5,231
chief indicates that any coal mining operation owned or 5,232
controlled by the applicant is currently in violation of such 5,233
laws, the permit shall not be issued until the applicant submits 5,234
proof that the violation has been corrected or is in the process 5,235
of being corrected to the satisfaction of the regulatory 5,236
authority, department, or agency that has jurisdiction over the 5,237
violation and that any civil penalties owed to the state for a 5,238
violation and not the subject of an appeal have been paid. No 5,239
permit shall be issued to an applicant after a finding by the 5,240
chief that the applicant or the operator specified in the 5,241
application controls or has controlled mining operations with a 5,242
demonstrated pattern of willful violations of this chapter of a 5,243
nature and duration to result in irreparable damage to the 5,244
environment as to indicate an intent not to comply with or a 5,245
disregard of this chapter.
(b) Until October 1, 2004, for FOR the purposes of 5,247
division (E)(3)(a) of this section, any violation resulting from 5,249
an unanticipated event or condition at a surface coal mining 5,250
operation on lands eligible for remining under a permit held by 5,251
the person submitting an application for a coal mining permit
under this section shall not prevent issuance of that permit. As 5,252
used in this division, "unanticipated event or condition" means 5,253
an event or condition encountered in a remining operation that 5,254
was not contemplated by the applicable surface coal mining and 5,255
reclamation permit.
(4)(a) In addition to finding the application in 5,257
compliance with division (E)(2) of this section, if the area 5,258
proposed to be mined contains prime farmland as determined 5,259
pursuant to division (B)(2)(p) of this section, the chief, after 5,261
consultation with the secretary of the United States department 5,262
of agriculture and pursuant to regulations issued by the 5,263
120
secretary of the interior with the concurrence of the secretary 5,264
of agriculture, may grant a permit to mine on prime farmland if 5,265
the chief finds in writing that the operator has the
technological capability to restore the mined area, within a 5,266
reasonable time, to equivalent or higher levels of yield as 5,267
nonmined prime farmland in the surrounding area under equivalent 5,268
levels of management and can meet the soil reconstruction 5,269
standards in section 1513.16 of the Revised Code. 5,270
(b) Division (E)(4)(a) of this section does not apply to a 5,272
permit issued prior to August 3, 1977, or revisions or renewals 5,273
thereof. 5,274
(5) The chief shall issue an order denying a permit after 5,276
finding that the applicant has misrepresented or omitted any 5,278
material fact in the application for the permit. 5,279
(6) The chief may issue an order denying a permit after 5,281
finding that the applicant, any partner, if the applicant is a 5,283
partnership, any officer, principal shareholder, or director, if 5,284
the applicant is a corporation, or any other person who has a 5,285
right to control or in fact controls the management of the 5,286
applicant or the selection of officers, directors, or managers of 5,287
the applicant has been a sole proprietor or partner, officer, 5,288
director, principal shareholder, or person having the right to 5,289
control or has in fact controlled the management of or the 5,290
selection of officers, directors, or managers of a business 5,291
entity that ever has had a coal mining license or permit issued 5,292
by this or any other state or the United States suspended or 5,293
revoked, ever has forfeited a coal or surface mining bond or 5,294
security deposited in lieu of bond in this or any other state or 5,295
with the United States, or ever has substantially or materially 5,296
failed to comply with this chapter. 5,297
(7) When issuing a permit under this section, the chief 5,299
may authorize an applicant to conduct coal mining and reclamation 5,300
operations on areas to be covered by the permit that were 5,301
affected by coal mining operations before August 3, 1977, that 5,302
121
have resulted in continuing water pollution from or on the 5,303
previously mined areas for the purpose of potentially reducing 5,304
the pollution loadings of pH, iron, and manganese from discharges 5,305
from or on the previously mined areas. Following the chief's 5,306
authorization to conduct such operations on those areas, the 5,307
areas shall be designated as pollution abatement areas for the 5,308
purposes of this chapter. 5,309
The chief shall not grant an authorization under division 5,311
(E)(7) of this section to conduct coal mining and reclamation 5,312
operations on any such previously mined areas unless the 5,313
applicant demonstrates to the chief's satisfaction that all of 5,314
the following conditions are met: 5,315
(a) The applicant's pollution abatement plan for mining 5,317
and reclaiming the previously mined areas represents the best 5,318
available technology economically achievable; 5,319
(b) Implementation of the plan will potentially reduce 5,321
pollutant loadings of pH, iron, and manganese resulting from 5,322
discharges of surface waters or ground water from or on the 5,323
previously mined areas within the permit area; 5,324
(c) Implementation of the plan will not cause any 5,326
additional degradation of surface water quality off the permit 5,327
area with respect to pH, iron, and manganese; 5,328
(d) Implementation of the plan will not cause any 5,330
additional degradation of ground water; 5,331
(e) The plan meets the requirements governing mining and 5,333
reclamation of such previously mined pollution abatement areas 5,334
established by the chief in rules adopted under section 1513.02 5,335
of the Revised Code; 5,336
(f) Neither the applicant; any partner, if the applicant 5,338
is a partnership; any officer, principal shareholder, or 5,339
director, if the applicant is a corporation; any other person who 5,340
has a right to control or in fact controls the management of the 5,341
applicant or the selection of officers, directors, or managers of 5,342
the applicant; nor any contractor or subcontractor of the 5,343
122
applicant, has any of the following: 5,344
(i) Responsibility or liability under this chapter or 5,346
rules adopted under it as an operator for treating the discharges 5,347
of water pollutants from or on the previously mined areas for 5,348
which the authorization is sought; 5,349
(ii) Any responsibility or liability under this chapter or 5,351
rules adopted under it for reclaiming the previously mined areas 5,352
for which the authorization is sought; 5,353
(iii) During the eighteen months prior to submitting the 5,355
permit application requesting an authorization under division 5,356
(E)(7) of this section, had a coal mining and reclamation permit 5,357
suspended or revoked under division (D)(3) of section 1513.02 of 5,358
the Revised Code for violating this chapter or Chapter 6111. of 5,359
the Revised Code or rules adopted under them with respect to 5,360
water quality, effluent limitations, or surface or ground water 5,361
monitoring; 5,362
(iv) Ever forfeited a coal or surface mining bond or 5,364
security deposited in lieu of a bond in this or any other state 5,365
or with the United States. 5,366
(F)(1) During the term of the permit, the permittee may 5,368
submit an application for a revision of the permit, together with 5,369
a revised reclamation plan, to the chief. 5,370
(2) An application for a revision of a permit shall not be 5,372
approved unless the chief finds that reclamation required by this 5,373
chapter can be accomplished under the revised reclamation plan. 5,374
The revision shall be approved or disapproved within ninety days 5,375
after receipt of a complete revision application. The chief 5,376
shall establish, by rule, criteria for determining the extent to 5,377
which all permit application information requirements and 5,378
procedures, including notice and hearings, shall apply to the 5,379
revision request, except that any revisions that propose 5,380
significant alterations in the reclamation plan, at a minimum, 5,382
shall be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit 5,384
123
except incidental boundary revisions shall be made by application 5,385
for a permit. 5,386
(G) No transfer, assignment, or sale of the rights granted 5,388
under a permit issued pursuant to this chapter shall be made 5,389
without the written approval of the chief. 5,390
(H) The chief, within a time limit prescribed in the 5,392
chief's rules, shall review outstanding permits and may require 5,394
reasonable revision or modification of a permit. A revision or 5,395
modification shall be based upon a written finding and subject to 5,396
notice and hearing requirements established by rule of the chief. 5,397
(I)(1) If an informal conference has been held pursuant to 5,399
section 1513.071 of the Revised Code, the chief shall issue and 5,400
furnish the applicant for a permit, persons who participated in 5,401
the informal conference, and persons who filed written objections 5,402
pursuant to division (B) of section 1513.071 of the Revised Code, 5,403
with the written finding of the chief granting or denying the 5,404
permit in whole or in part and stating the reasons therefor 5,405
within sixty days of the conference. 5,406
(2) If there has been no informal conference held pursuant 5,408
to section 1513.071 of the Revised Code, the chief shall notify 5,409
the applicant for a permit within a reasonable time as provided 5,410
by rule of the chief, taking into account the time needed for 5,411
proper investigation of the site, the complexity of the permit 5,412
application, whether or not a written objection to the 5,413
application has been filed, and whether the application has been 5,414
approved or disapproved in whole or in part. 5,415
(3) If the application is approved, the permit shall be 5,417
issued. If the application is disapproved, specific reasons 5,418
therefor shall be set forth in the notification. Within thirty 5,419
days after the applicant is notified of the final decision of the 5,420
chief on the permit application, the applicant or any person with 5,421
an interest that is or may be adversely affected may appeal the 5,422
decision to the reclamation commission pursuant to section 5,424
1513.13 of the Revised Code. 5,425
124
(4) Any applicant or any person with an interest that is 5,427
or may be adversely affected who has participated in the 5,428
administrative proceedings as an objector and is aggrieved by the 5,429
decision of the reclamation commission, or if the commission 5,431
fails to act within the time limits specified in this chapter, 5,432
may appeal in accordance with section 1513.14 of the Revised 5,433
Code.
Sec. 1513.072. (A) Coal exploration operations that 5,442
substantially disturb the natural land surface shall be conducted 5,443
in accordance with exploration rules adopted by the chief of the 5,444
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 5,445
The rules shall include, at a minimum: 5,446
(1) The requirement that prior to conducting any 5,448
exploration under this section, any person shall file with the 5,449
chief notice of intention to explore, which shall include a 5,450
description of the exploration area and period of proposed 5,451
exploration; 5,452
(2) Provisions for reclamation in accordance with the 5,454
performance standards in section 1513.16 of the Revised Code of 5,455
all lands disturbed in exploration, including excavations, roads, 5,456
drill holes, and the removal of necessary facilities and 5,457
equipment. 5,458
(B) Information submitted to the chief pursuant to this 5,460
section as confidential concerning trade secrets or privileged 5,461
commercial or financial information that relates to the 5,462
competitive rights of the person or entity intending to explore 5,463
the described area shall not be available for public examination. 5,464
(C) A person who conducts any coal exploration activities 5,466
that substantially disturb the natural land surface in violation 5,467
of this section or rules issued ADOPTED pursuant thereto is 5,468
subject to division (F)(E) of section 1513.02 of the Revised 5,470
Code.
(D) No person shall remove more than two hundred fifty 5,472
tons of coal pursuant to an exploration permit without the 5,473
125
specific written approval of the chief. 5,474
Sec. 1513.073. (A)(1) Upon petition pursuant to division 5,483
(B) of this section, the chief of the division of mines and 5,484
reclamation MINERAL RESOURCES MANAGEMENT shall designate an area 5,486
as unsuitable for all or certain types of coal mining operations 5,487
if the chief determines that reclamation pursuant to the 5,488
requirements of this chapter is not technologically and 5,489
economically feasible.
(2) Upon petition pursuant to division (B) of this 5,491
section, a surface area may be designated unsuitable for all or 5,492
certain types of coal mining operations if the operations will: 5,493
(a) Be incompatible with existing state or local land use 5,495
plans or programs; 5,496
(b) Affect fragile or historic lands in which the 5,498
operations could result in significant damage to important 5,499
historic, cultural, scientific, and esthetic values and natural 5,500
systems; 5,501
(c) Affect renewable resource lands in which the 5,503
operations could result in a substantial loss or reduction of 5,504
long-range productivity of water supply or of food or fiber 5,505
products, or aquifers and aquifer recharge areas; 5,506
(d) Affect natural hazard lands in which the operations 5,508
could substantially endanger life and property, such lands to 5,509
include areas subject to frequent flooding and areas of unstable 5,510
geology. 5,511
(3) The chief shall develop the following: 5,513
(a) A data base and an inventory system that will permit 5,515
proper evaluation of the capacity of different land areas of the 5,516
state to support and permit reclamation of coal mining 5,517
operations; 5,518
(b) A method or methods for implementing land use planning 5,520
decisions concerning coal mining operations; 5,521
(c) Procedures for proper notice and opportunities for 5,523
public participation, including a public meeting prior to making 5,524
126
any designation or redesignation, pursuant to this section. 5,525
(4) Determinations of the unsuitablity of land for coal 5,527
mining, as provided for in this section, shall be integrated as 5,528
closely as possible with present and future land use planning and 5,529
regulation processes at the federal, state, and local levels. 5,530
(5) The requirements of this section shall DO not apply to 5,532
lands on which coal mining operations were being conducted on 5,533
August 3, 1977, or under a permit issued pursuant to Chapter 5,534
1513. of the Revised Code THIS CHAPTER, or where substantial 5,535
legal and financial commitments in the operation were in 5,536
existence prior to January 4, 1977. 5,537
(B) A person having an interest that is or may be 5,539
adversely affected may petition the chief to have an area 5,540
designated as unsuitable for coal mining operations or to have 5,541
such a designation terminated. The petition shall contain 5,542
allegations of facts with supporting evidence that would tend to 5,543
establish the allegations. The chief shall hold a public meeting 5,544
in the locality of the affected area, after appropriate notice 5,545
and publication of the date, time, and location of the meeting 5,546
within ninety days after receipt of the petition, provided THAT 5,547
the chief may extend the time for holding the meeting an 5,548
additional two hundred ten days when, in his THE CHIEF'S 5,549
judgment, such additional time is needed for adequate review of 5,551
the petition. Any person may appear at the meeting and present a 5,552
statement or evidence regarding the petition. Within sixty days 5,553
after the meeting, the chief shall issue and furnish to the 5,554
petitioner and any other participant at the meeting a written 5,555
decision regarding the petition, and the reasons therefor. 5,556
(C) Prior to designating any land areas as unsuitable for 5,558
coal mining operations or terminating previous determinations of 5,559
unsuitability, the chief shall prepare a detailed statement on: 5,560
(1) The potential coal resources of the area; 5,562
(2) The demand for coal resources; 5,564
(3) The impact of the designation on the environment, the 5,566
127
economy, and the supply of coal. 5,567
(D) After August 3, 1977, and subject to valid existing 5,569
rights, no coal mining operations except those that existed on 5,570
August 3, 1977, shall be permitted: 5,571
(1) On any lands within the boundaries of units of the 5,573
national park system, the national wildlife refuge systems, the 5,574
national system of trails, the national wilderness preservation 5,575
system, the wild and scenic rivers system, including study rivers 5,576
designated under section 5(a) of the "Wild and Scenic Rivers 5,577
Act," 82 Stat. 906 (1968), 16 U.S.C.A. 1274, and national 5,578
recreation areas designated by act of congress; 5,579
(2) On any federal lands within the boundaries of any 5,581
national forest unless approval is granted by the secretary of 5,582
the United States department of the interior; 5,583
(3) That will adversely affect any publicly owned park or 5,585
any places included in the national register of historic sites 5,586
unless approved jointly by the chief and the federal, state, or 5,587
local agency with jurisdiction over the park or the historic 5,588
site; 5,589
(4) Within one hundred feet of the outside right-of-way 5,591
line of any public road, except where mine access roads or 5,592
haulage roads join such right-of-way line and except that the 5,593
chief may permit the roads to be relocated or the area affected 5,594
to lie within one hundred feet of such road if after public 5,595
notice and opportunity for public meeting in the locality of the 5,596
affected area a written finding is made that the interests of the 5,597
public and the landowners affected thereby will be protected; 5,598
(5) Within three hundred feet from any occupied dwelling, 5,600
unless waived by the owner thereof, nor within three hundred feet 5,601
of any public building, school, church, community, or 5,602
institutional building, OR public park, nor within one hundred 5,603
feet of a cemetery. 5,604
Sec. 1513.08. (A) After a coal mining and reclamation 5,613
permit application has been approved, but before the permit is 5,614
128
issued, the applicant shall file with the chief of the division 5,616
of mines and reclamation MINERAL RESOURCES MANAGEMENT, on a form 5,617
prescribed and furnished by the chief, a bond for performance 5,619
payable, as appropriate, to the state and conditioned upon 5,620
faithful performance of all the requirements of this chapter and 5,621
the permit. The bond shall be in the amount of twenty-five 5,622
hundred dollars times the number of acres of land upon which the 5,623
operator states in his THE application for a permit he THE 5,624
OPERATOR will initiate and conduct coal mining and reclamation 5,625
operations within the initial term of the permit. The minimum
amount of a bond shall be ten thousand dollars. The bond shall 5,626
cover areas of land affected by mining within or immediately 5,627
adjacent to the permitted area, so long as the total number of 5,628
acres does not exceed the number of acres bonded. However, the 5,629
authority for bond to cover areas of land immediately adjacent to 5,630
the permitted area does not authorize a permittee to mine areas 5,631
outside an approved permit area. As succeeding increments of 5,632
coal mining and reclamation operations are to be initiated and 5,633
conducted within the permit area, the permittee shall file with 5,634
the chief an additional bond or bonds to cover the increments in 5,635
accordance with this section. In the event of forfeiture of a 5,636
bond, if the bond is insufficient to complete the reclamation, 5,637
the chief shall complete the reclamation in accordance with 5,638
section 1513.18 of the Revised Code using funds from the 5,639
reclamation supplemental forfeiture fund created in that section. 5,640
(B) Liability under the bond shall be for the duration of 5,642
the coal mining and reclamation operation and for a period 5,643
coincident with the operator's responsibility for revegetation 5,644
requirements under section 1513.16 of the Revised Code. The bond 5,645
shall be executed by the operator and a corporate surety licensed 5,646
to do business in this state, except that the operator may elect 5,647
to deposit cash, negotiable bonds of the United States or this 5,649
state, or negotiable certificates of deposit of any bank or 5,650
savings and loan association organized or transacting business in 5,651
129
the United States. The cash deposit or market value of the 5,652
securities shall be equal to or greater than the amount of the 5,653
bond required for the bonded area.
(C) The chief may accept the bond of the applicant itself 5,655
without separate surety when the applicant demonstrates to the 5,656
satisfaction of the chief the existence of a suitable agent to 5,657
receive service of process and a history of financial solvency 5,658
and continuous operation sufficient for authorization to 5,659
self-insure or bond the amount. 5,660
(D) Cash or securities so deposited shall be deposited 5,662
upon the same terms as the terms upon which surety bonds may be 5,663
deposited. The securities shall be security for the repayment of 5,664
the negotiable certificate of deposit. 5,665
(E)(D) The amount of the bond or deposit required and the 5,667
terms of each acceptance of the applicant's bond shall be 5,668
adjusted by the chief from time to time as affected land acreages 5,669
are increased or decreased. 5,670
Sec. 1513.09. (A) The chief of the division of mines and 5,679
reclamation MINERAL RESOURCES MANAGEMENT shall cause to be made 5,680
such inspections of any coal mining and reclamation operations as 5,682
he THE CHIEF considers necessary. The chief and his authorized 5,683
representatives shall OF THE CHIEF have a right of entry to, 5,684
upon, or through any area of land upon which coal mining and 5,686
reclamation operations are being conducted or upon which the 5,687
chief or his authorized representative has reason to believe such 5,688
operations are being conducted for the purpose of performing such 5,689
inspections.
(B) For the purpose of administration and enforcement of 5,691
any requirement of this chapter or in the administration and 5,692
enforcement of any permit under this chapter or of determining 5,693
whether any person is in violation of any requirement of this 5,694
chapter: 5,695
(1) The chief shall require any permittee or operator to: 5,697
(a) Establish and maintain appropriate records; 5,699
130
(b) Make monthly reports to the chief; 5,701
(c) Install, use, and maintain any necessary monitoring 5,703
equipment or methods; 5,704
(d) Evaluate results in accordance with such methods, at 5,706
such locations, intervals, and in such manner as the chief shall 5,707
prescribe; 5,708
(e) Provide such other information relative to coal mining 5,710
and reclamation operations as the chief considers reasonable and 5,711
necessary. 5,712
(2) For those coal mining and reclamation operations that 5,714
remove or disturb strata that serve as aquifers that 5,715
significantly ensure the hydrologic balance of water use either 5,716
on or off the mining site, the chief shall specify those: 5,717
(a) Monitoring sites to record the quantity and quality of 5,719
surface drainage above and below the minesite, as well as in the 5,720
potential zone of influence; 5,721
(b) Monitoring sites to record level, amount, and samples 5,723
of ground water and aquifers potentially affected by the mining, 5,724
including aquifers directly below the lower-most, deepest, coal 5,725
seam to be mined; 5,726
(c) Records of well logs and borehole data to be 5,728
maintained; 5,729
(d) Monitoring sites to record precipitation. 5,731
The monitoring and data collection and analysis required by 5,733
this section shall be conducted according to standards and 5,734
procedures set forth, by rule, by the chief in order to assure 5,735
their reliability and validity. 5,736
(3) The authorized representatives of the chief, without 5,738
advance notice and upon presentation of appropriate credentials: 5,739
(a) May enter into, upon, or through any coal mining and 5,741
reclamation operations, any premises upon which the authorized 5,742
representatives have a reasonable belief that such operations are 5,743
being conducted, or any premises in which any records required to 5,744
be maintained under division (B)(1) of this section are located; 5,745
131
(b) May, during office hours, have access to and copy any 5,747
records and at reasonable times, without delay, any monitoring 5,748
equipment or method of operation required under this chapter. 5,749
(C) The inspections by the chief or his AN authorized 5,751
representative OF THE CHIEF shall: 5,752
(1) Occur on an irregular basis averaging not less than 5,754
one partial inspection per month and one complete inspection per 5,755
calendar quarter for the coal mining and reclamation operation 5,756
covered by each permit; 5,757
(2) Occur without prior notice to the permittee or his THE 5,759
PERMITTEE'S agents or employees, except for necessary onsite 5,760
meetings with the permittee; 5,761
(3) Include the filing of inspection records adequate to 5,763
enforce the requirements of and to carry out the terms and 5,764
purposes of this chapter. 5,765
(D) Each permittee shall conspicuously maintain at the 5,767
entrances to the coal mining and reclamation operations a clearly 5,768
visible sign that sets forth the name, business address, and 5,769
phone number of the permittee and the permit number of the coal 5,770
mining and reclamation operations. 5,771
(E) Each inspection officer MINERAL RESOURCES INSPECTOR, 5,773
upon detection of each violation of any requirement of Chapter 5,775
1513. of the Revised Code THIS CHAPTER, shall immediately inform 5,777
the operator in writing and shall report in writing any such 5,778
violation to the chief.
(F) Copies of any records, reports, inspection material, 5,780
or information obtained under this chapter by the chief shall be 5,781
made available immediately to the public at central and 5,782
sufficient locations in the county, multi-county, and state area 5,783
of mining so that they are conveniently available to residents in 5,784
the areas of mining. 5,785
(G)(1) A person who is or may be adversely affected by a 5,787
coal mining operation may notify the chief or any representative 5,788
of the chief responsible for conducting the inspection, in 5,789
132
writing, of any violation of this chapter that he THE PERSON has 5,790
reason to believe exists at the mining site. The chief shall, by 5,791
rule, establish procedures for informal review of any refusal by 5,792
his AN authorized representative to issue a notice of violation 5,793
or order with respect to any such alleged violation. The chief 5,794
shall furnish the persons requesting the review a written 5,795
statement of the reasons for the chief's final disposition of the 5,796
matter.
(2) The chief shall also, by rule, establish procedures to 5,798
ensure that adequate and complete inspections are made. Any 5,799
person who is aggrieved or adversely affected may notify the 5,800
chief of any failure to make such inspections, after which the 5,801
chief shall determine whether adequate and complete inspections 5,802
have been made. The chief shall furnish such persons a written 5,803
statement of the reasons for the chief's determination that 5,804
adequate and complete inspections have or have not been 5,805
conducted. 5,806
Sec. 1513.11. Every order of the chief of the division of 5,815
mines and reclamation MINERAL RESOURCES MANAGEMENT or his AN 5,816
authorized representative OF THE CHIEF affecting the rights, 5,818
duties, or privileges of an operator or his THE OPERATOR'S surety 5,820
or of an applicant for a license or permit shall be in writing
and contain a finding of the facts upon which the order is based. 5,821
Notice of the order shall be given by certified mail or personal 5,822
service to the person whose rights, duties, or privileges are 5,823
affected.
Sec. 1513.13. (A)(1) A person having an interest that is 5,832
or may be adversely affected by a finding or determination of the 5,834
chief of the division of mines and reclamation MINERAL RESOURCES 5,836
MANAGEMENT made under section 1509.08, 1561.35, 1561.351, 5,837
1563.13, or 6111.044 of the Revised Code or an investigation made 5,840
by the chief under section 1561.51 of the Revised Code may appeal 5,843
to the mine examining board in accordance with those sections. 5,844
Any other person having an interest that is or may be adversely 5,847
133
affected by a notice of violation, order, or decision of the 5,848
chief, other than a show cause order or an order that adopts a 5,850
rule, or by any modification, vacation, or termination of such a 5,851
notice, order, or decision, may appeal by filing a notice of 5,852
appeal with the reclamation commission for review of the notice, 5,853
order, or decision within thirty days after the notice, order, or 5,855
decision is served upon the person or within thirty days after 5,856
its modification, vacation, or termination and by filing a copy 5,857
of the notice of appeal with the chief within three days after 5,858
filing the notice of appeal with the commission. The notice of 5,860
appeal shall contain a copy of the notice of violation, order, or 5,861
decision complained of and the grounds upon which the appeal is 5,862
based. The commission has exclusive original jurisdiction to 5,864
hear and decide such appeals. The filing of a notice of appeal 5,865
under division (A)(1) of this section does not operate as a stay 5,866
of any order, notice of violation, or decision of the chief. 5,868
(2) The permittee, the chief, and other interested persons 5,870
shall be given written notice of the time and place of the 5,871
hearing at least five days prior thereto. The hearing shall be 5,872
of record. 5,873
(3) Any person authorized under this section to appeal to 5,875
the commission may request an informal review by the chief or the 5,877
chief's designee by filing a written request with the chief 5,878
within thirty days after a notice, order, decision, modification, 5,879
vacation, or termination is served upon the person. Filing of 5,880
the written request shall toll the time for appeal before the 5,881
commission, but shall not operate as a stay of any order, notice 5,883
of violation, or decision of the chief. The chief's
determination of an informal review is appealable to the 5,884
commission under this section. 5,885
(B) The commission shall affirm the notice of violation, 5,887
order, or decision of the chief unless the commission determines 5,889
that it is arbitrary, capricious, or otherwise inconsistent with 5,890
law; in that case the commission may modify the notice of 5,891
134
violation, order, or decision or vacate it and remand it to the 5,893
chief for further proceedings that the commission may direct. 5,895
The commission shall conduct hearings and render decisions 5,897
in a timely fashion, except that all of the following apply: 5,898
(1) When the appeal concerns an order for the cessation of 5,900
coal mining and reclamation operations issued pursuant to 5,901
division (D)(1) or (2) of section 1513.02 of the Revised Code, 5,902
the commission shall issue its written decision within thirty 5,904
days after the receipt of the appeal unless temporary relief has 5,905
been granted by the chairperson pursuant to division (C) of this 5,907
section;.
(2) When the appeal concerns an application for a permit 5,909
under division (I) of section 1513.07 of the Revised Code, the 5,910
commission shall hold a hearing within thirty days after receipt 5,912
of the notice of appeal and issue its decision within thirty days 5,913
after the hearing;. 5,914
(3) When the appeal concerns a decision of the chief 5,916
regarding release of bond under division (F) of section 1513.16 5,917
of the Revised Code, the commission shall hold a hearing within 5,919
thirty days after receipt of the notice of appeal and issue its 5,920
decision within sixty days after the hearing. 5,921
(C) The chairperson of the commission, under conditions 5,924
the chairperson prescribes, may grant temporary relief the 5,926
chairperson considers appropriate pending final determination of 5,927
an appeal if all of the following conditions are met: 5,928
(1) All parties to the appeal have been notified and given 5,930
an opportunity for a hearing to be held in the locality of the 5,931
subject site on the request for temporary relief and the 5,932
opportunity to be heard on the request;. 5,933
(2) The person requesting relief shows that there is a 5,935
substantial likelihood that the person will prevail on the 5,937
merits;.
(3) The relief will not adversely affect public health or 5,939
safety or cause significant imminent environmental harm to land, 5,940
135
air, or water resources. 5,941
The chairperson shall issue a decision expeditiously, 5,943
except that when the applicant requests relief from an order for 5,944
the cessation of coal mining and reclamation operations issued 5,945
pursuant to division (D)(1) or (2) of section 1513.02 of the 5,946
Revised Code, the decision shall be issued within five days after 5,947
its receipt. 5,948
Any party to an appeal filed with the commission who is 5,950
aggrieved or adversely affected by a decision of the chairperson 5,952
to grant or deny temporary relief under this section may appeal 5,953
that decision to the commission. The commission may confine its 5,955
review to the record developed at the hearing before the 5,956
chairperson.
The appeal shall be filed with the commission within thirty 5,959
days after the chairperson issues the decision on the request for 5,961
temporary relief. The commission shall issue a decision as 5,963
expeditiously as possible, except that when the appellant 5,964
requests relief from an order for the cessation of coal mining 5,965
and reclamation operations issued pursuant to division (D)(1) or 5,966
(2) of section 1513.02 of the Revised Code, the decision of the 5,967
commission shall be issued within five days after receipt of the 5,969
notice of appeal.
The commission shall affirm the decision of the chairperson 5,972
granting or denying temporary relief unless it determines that 5,973
the decision is arbitrary, capricious, or otherwise inconsistent 5,974
with law. 5,975
(D) Following the issuance of an order to show cause as to 5,977
why a permit should not be suspended or revoked pursuant to 5,978
division (D)(3) of section 1513.02 of the Revised Code, the chief 5,979
or a representative of the chief shall hold a public adjudicatory 5,981
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record. 5,982
Within sixty days following the public hearing, the chief 5,984
shall issue and furnish to the permittee and all other parties to 5,985
136
the hearing a written decision, and the reasons therefor, 5,986
concerning suspension or revocation of the permit. If the chief 5,987
revokes the permit, the permittee immediately shall cease coal 5,988
mining operations on the permit area and shall complete 5,989
reclamation within a period specified by the chief, or the chief 5,990
shall declare as forfeited the performance bonds for the 5,991
operation. 5,992
(E)(1) Whenever an enforcement order or permit decision is 5,994
appealed under this section or any action is filed under division 5,995
(B) of section 1513.15 or 1513.39 of the Revised Code, at the 5,996
request of a prevailing party, a sum equal to the aggregate 5,998
amount of all costs and expenses, including attorney's fees, as 5,999
determined to have been necessary and reasonably incurred by the 6,000
prevailing party for or in connection with participation in the 6,001
enforcement proceedings before the commission, the court under 6,002
section 1513.15 of the Revised Code, or the chief under section 6,004
1513.39 of the Revised Code, may be awarded, as considered 6,005
proper, in accordance with divisions (E)(1)(a) to (c) of this 6,006
section. In no event shall attorney's fees awarded under this 6,007
section exceed, for the kind and quality of services, the 6,008
prevailing market rates at the time the services were furnished 6,009
under division (A) of this section. A party may be entitled to 6,010
costs and expenses related solely to the preparation, defense, 6,011
and appeal of a petition for costs and expenses, provided THAT 6,012
the costs and expenses are limited and proportionate to costs and 6,013
expenses otherwise allowed under division (E) of this section. 6,014
(a) A party, other than the permittee or the division of 6,016
mines and reclamation MINERAL RESOURCES MANAGEMENT, shall file a 6,017
petition, if any, for an award of costs and expenses, including 6,019
attorney's fees, with the chief, who shall review the petition. 6,020
If the chief finds that the party, other than the permittee or 6,021
the division, prevailed in whole or in part, made a substantial 6,023
contribution to a full and fair determination of the issues, and 6,024
made a contribution separate and distinct from the contribution 6,025
137
made by any other party, the chief may award to that party the 6,026
party's costs and expenses, including attorney's fees that were 6,027
necessary and reasonably incurred by the party for, or in 6,028
connection with, participation in the proceeding before the 6,029
commission.
(b) If a permittee who made a request under division 6,031
(E)(1) of this section demonstrates that a party other than a 6,032
permittee who initiated an appeal under this section or 6,034
participated in such an appeal initiated or participated in the 6,035
appeal in bad faith and for the purpose of harassing or 6,036
embarrassing the permittee, the permittee may file a petition 6,037
with the chief. The chief may award to the permittee the costs 6,038
and expenses reasonably incurred by the permittee in connection 6,039
with participation in the appeal and assess those costs and 6,040
expenses against the party who initiated the appeal.
(c) The division may file, with the commission, a request 6,043
for an award to the division of the costs and expenses reasonably 6,045
incurred by the division in connection with an appeal initiated 6,046
under this section. The commission may assess those costs and 6,048
expenses against the party who initiated the appeal if the 6,049
division demonstrates that the party initiated or participated in 6,050
the appeal in bad faith and for the purpose of harassing or 6,051
embarrassing the division.
(2) Whenever an order issued under this section or as a 6,053
result of any administrative proceeding under this chapter is the 6,054
subject of judicial review, at the request of any party, a sum 6,055
equal to the aggregate amount of all costs and expenses, 6,056
including attorney's fees, as determined by the court to have 6,058
been necessary and reasonably incurred by the party for or in 6,059
connection with participation in the proceedings, may be awarded 6,060
to either party, in accordance with division (E)(1) of this 6,061
section, as the court, on the basis of judicial review, considers 6,062
proper.
Sec. 1513.15. (A) In addition to any other remedy under 6,071
138
Chapter 1513. of the Revised Code THIS CHAPTER, the chief of the 6,072
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 6,074
may request the attorney general to institute a civil action for 6,076
relief, including a permanent or temporary injunction,
restraining order, or any other appropriate order in the court of 6,077
common pleas of the county wherein a violation of this chapter is 6,078
occurring or has occurred whenever a person: 6,079
(1) Violates or fails or refuses to comply with any order 6,081
or decision issued by the chief under Chapter 1513. of the 6,082
Revised Code THIS CHAPTER; 6,083
(2) Interferes with, hinders, or delays the chief or his 6,085
authorized representatives OF THE CHIEF in carrying out Chapter 6,086
1513. of the Revised Code THIS CHAPTER; 6,087
(3) Refuses to admit an authorized representative to the 6,089
mine; 6,090
(4) Refuses to permit inspection of the mine by an 6,092
authorized representative; 6,093
(5) Refuses to furnish any information or report requested 6,095
by the chief in furtherance of Chapter 1513. of the Revised Code 6,096
THIS CHAPTER; 6,097
(6) Refuses to permit access to, and copying of, such 6,099
records as the chief determines necessary in carrying out Chapter 6,100
1513. of the Revised Code THIS CHAPTER. 6,101
The court shall issue an injunction upon demonstration that 6,103
a violation of this chapter is occurring or has occurred. 6,104
(B) Except as provided in division (D) of this section, 6,106
any person having an interest which THAT is or may be adversely 6,107
affected may commence a civil action on his THE PERSON'S own 6,108
behalf to compel compliance with Chapter 1513. of the Revised 6,109
Code THIS CHAPTER against any of the following: 6,110
(1) The division of mines and reclamation MINERAL 6,112
RESOURCES MANAGEMENT where the division is alleged to be in 6,114
violation of Chapter 1513. of the Revised Code THIS CHAPTER or of 6,116
any rule, order, or permit ADOPTED OR issued pursuant thereto, or
139
against any other person who is alleged to be in violation of any 6,117
rule, order, or permit ADOPTED OR issued pursuant to Chapter 6,118
1513. of the Revised Code THIS CHAPTER; 6,119
(2) The chief of the division of mines and reclamation 6,121
where there is alleged a failure of the chief to perform any act 6,122
or duty under Chapter 1513. of the Revised Code which THIS 6,123
CHAPTER THAT is not discretionary with the chief. 6,125
(C) No action may be commenced under division (B)(1) of 6,127
this section in either of the following situations: 6,128
(1) Prior to sixty days after the plaintiff has given 6,130
notice in writing of the violation to the chief and any alleged 6,131
violator; 6,132
(2) If the chief has commenced and is diligently 6,134
prosecuting a civil action in the appropriate court to require 6,135
compliance with Chapter 1513. of the Revised Code THIS CHAPTER or 6,137
of any rule, order, or permit ADOPTED OR issued pursuant thereto, 6,138
but in any such action any person may intervene as a matter of 6,140
right.
(D) No action may be commenced under division (B)(2) of 6,142
this section prior to sixty days after the plaintiff has given 6,143
notice in writing of such action to the chief in such manner as 6,144
the chief shall, by rule, prescribe, except that such action may 6,145
be brought immediately after such notification in the case where 6,146
the violation or order complained of constitutes an imminent 6,147
threat to the health or safety of the plaintiff or would 6,148
immediately affect a legal interest of the plaintiff. 6,149
(E) Any action respecting a violation of Chapter 1513. of 6,151
the Revised Code THIS CHAPTER or rules adopted thereunder may be 6,152
brought only in the court of common pleas of the county in which 6,154
the coal mining operation complained of is located. 6,155
(F) The court, in issuing any final order in any action 6,157
brought pursuant to division (B) of this section, may award to 6,158
any party costs of litigation, including attorney's and expert 6,159
witness fees that the court determines to have been necessary and 6,160
140
reasonably incurred, in accordance with division (E)(2) of 6,161
section 1513.13 of the Revised Code, and whenever the court 6,162
determines such an award is appropriate. 6,163
(G) Nothing in this section shall restrict any right which 6,165
THAT any person or class of persons may have under law to seek 6,166
enforcement of any of the provisions of Chapter 1513. of the 6,167
Revised Code THIS CHAPTER and the rules adopted thereunder, or to 6,168
seek any other relief, including relief against the chief. 6,170
(H) Any person who is injured in his person or property 6,172
through the violation by any operator of any rule, requirement, 6,173
order, or permit ADOPTED OR issued pursuant to Chapter 1513. of 6,175
the Revised Code THIS CHAPTER may bring an action for damages, 6,176
including reasonable attorney's and expert witness fees, in the 6,178
court of common pleas of Franklin county or in the court of 6,179
common pleas of the county in which the coal mining operation 6,180
complained of is located. Nothing in this division shall affect 6,181
the rights established by or limits imposed under worker's 6,182
compensation laws.
In any action under division (B), (C), (D), (E), (F), (G), 6,184
or (H) of this section, the secretary of the United States 6,185
department of the interior or the chief, if not a party, may 6,186
intervene as a matter of right. 6,187
(I) An owner of real property who obtains all or part of 6,189
his A supply of water for domestic, industrial, agricultural, or 6,190
other legitimate use from an underground source other than a 6,191
subterranean stream having a permanent, distinct, and known 6,192
channel, may maintain an action against an operator to recover 6,193
damages for contamination, diminution, or interruption of such 6,194
water supply, proximately resulting from coal mining. 6,195
A servient tract of land is not bound to receive surface 6,197
water contaminated by coal mining on a dominant tract of land, 6,198
and the owner of the servient tract may maintain an action 6,199
against an operator to recover damages proximately resulting from 6,200
the natural drainage from the dominant tract of surface waters 6,201
141
contaminated by coal mining on the dominant tract. 6,202
This division shall not be construed as creating, 6,204
modifying, or affecting any right, liability, or remedy other 6,205
than as expressly provided herein, nor shall such division be 6,206
construed as creating, modifying, or affecting any right, 6,207
liability, or remedy of surface riparian owners. 6,208
(J) In addition to any municipal or county prosecuting 6,210
authority, the attorney general upon the request of the chief, 6,211
may prosecute any person who violates, or who fails to perform 6,212
any duty imposed by, Chapter 1513. of the Revised Code THIS 6,213
CHAPTER, or who violates any order or rule, or condition of a 6,215
permit or license issued by the chief. 6,216
(K) The civil penalties owed under section 1513.02 of the 6,218
Revised Code may be recovered in a civil action brought by the 6,219
attorney general upon the request of the chief of the division of 6,221
mines and reclamation.
Sec. 1513.16. (A) Any permit issued under this chapter to 6,230
conduct coal mining operations shall require that the operations 6,231
meet all applicable performance standards of this chapter and 6,232
such other requirements as the chief of the division of mines and 6,233
reclamation MINERAL RESOURCES MANAGEMENT shall adopt by rule. 6,235
General performance standards shall apply to all coal mining and 6,236
reclamation operations and shall require the operator at a 6,237
minimum to do all of the following: 6,238
(1) Conduct coal mining operations so as to maximize the 6,240
utilization and conservation of the solid fuel resource being 6,241
recovered so that reaffecting the land in the future through coal 6,242
mining can be minimized; 6,243
(2) Restore the land affected to a condition capable of 6,245
supporting the uses that it was capable of supporting prior to 6,246
any mining, or higher or better uses of which there is reasonable 6,247
likelihood, so long as the uses do not present any actual or 6,248
probable hazard to public health or safety or pose any actual or 6,249
probable threat of diminution or pollution of the waters of the 6,250
142
state, and the permit applicants' declared proposed land uses 6,251
following reclamation are not considered to be impractical or 6,252
unreasonable, to be inconsistent with applicable land use 6,253
policies and plans, to involve unreasonable delay in 6,254
implementation, or to violate federal, state, or local law; 6,255
(3) Except as provided in division (B) of this section, 6,257
with respect to all coal mining operations, backfill, compact 6,258
where advisable to ensure stability or to prevent leaching of 6,259
toxic materials, and grade in order to restore the approximate 6,260
original contour of the land with all highwalls, spoil piles, and 6,261
depressions eliminated unless small depressions are needed in 6,262
order to retain moisture to assist revegetation or as otherwise 6,263
authorized pursuant to this chapter, provided that if the 6,264
operator demonstrates that due to volumetric expansion the amount 6,265
of overburden and the spoil and waste materials removed in the 6,266
course of the mining operation are more than sufficient to 6,267
restore the approximate original contour, the operator shall 6,268
backfill, grade, and compact the excess overburden and other 6,269
spoil and waste materials to attain the lowest grade, but not 6,270
more than the angle of repose, and to cover all acid-forming and 6,271
other toxic materials in order to achieve an ecologically sound 6,272
land use compatible with the surrounding region in accordance 6,273
with the approved mining plan. The overburden or spoil shall be 6,274
shaped and graded in such a way as to prevent slides, erosion, 6,275
and water pollution and shall be revegetated in accordance with 6,276
this chapter. 6,277
(4) Stabilize and protect all surface areas, including 6,279
spoil piles affected by the coal mining and reclamation 6,280
operation, to control erosion and attendant air and water 6,281
pollution effectively; 6,282
(5) Remove the topsoil from the land in a separate layer, 6,284
replace it on the backfill area, or, if not utilized immediately, 6,285
segregate it in a separate pile from the spoil, and when the 6,286
topsoil is not replaced on a backfill area within a time short 6,287
143
enough to avoid deterioration of the topsoil, maintain a 6,288
successful cover by quick-growing plants or other means 6,289
thereafter so that the topsoil is preserved from wind and water 6,290
erosion, remains free of any contamination by acid or other toxic 6,291
material, and is in a usable condition for sustaining vegetation 6,292
when restored during reclamation. If the topsoil is of 6,293
insufficient quantity or of poor quality for sustaining 6,294
vegetation or if other strata can be shown to be more suitable 6,295
for vegetation requirements, the operator shall remove, 6,296
segregate, and preserve in a like manner such other strata as are 6,297
best able to support vegetation. 6,298
(6) Restore the topsoil or the best available subsoil that 6,300
is best able to support vegetation; 6,301
(7) For all prime farmlands as identified in division 6,303
(B)(2)(p) of section 1513.07 of the Revised Code to be mined and 6,304
reclaimed, perform soil removal, storage, replacement, and 6,305
reconstruction in accordance with specifications established by 6,307
the secretary of the United States department of agriculture
under the "Surface Mining Control and Reclamation Act of 1977," 6,308
91 Stat. 445, 30 U.S.C.A. 1201. The operator, at a minimum, 6,310
shall be required to do all of the following:
(a) Segregate the A horizon of the natural soil, except 6,312
where it can be shown that other available soil materials will 6,313
create a final soil having a greater productive capacity, and, if 6,314
not utilized immediately, stockpile this material separately from 6,315
the spoil and provide needed protection from wind and water 6,316
erosion or contamination by acid or other toxic material; 6,317
(b) Segregate the B horizon of the natural soil, or 6,319
underlying C horizons or other strata, or a combination of such 6,320
horizons or other strata that are shown to be both texturally and 6,321
chemically suitable for plant growth and that can be shown to be 6,322
equally or more favorable for plant growth than the B horizon, in 6,323
sufficient quantities to create in the regraded final soil a root 6,324
zone of comparable depth and quality to that which existed in the 6,325
144
natural soil, and, if not utilized immediately, stockpile this 6,326
material separately from the spoil and provide needed protection 6,327
from wind and water erosion or contamination by acid or other 6,328
toxic material; 6,329
(c) Replace and regrade the root zone material described 6,331
in division (A)(7)(b) of this section with proper compaction and 6,332
uniform depth over the regraded spoil material; 6,333
(d) Redistribute and grade in a uniform manner the surface 6,335
soil horizon described in division (A)(7)(a) of this section. 6,336
(8) Create, if authorized in the approved mining and 6,338
reclamation plan and permit, permanent impoundments of water on 6,339
mining sites as part of reclamation activities only when it is 6,340
adequately demonstrated by the operator that all of the following 6,341
conditions will be met: 6,342
(a) The size of the impoundment is adequate for its 6,344
intended purposes;. 6,345
(b) The impoundment dam construction will be so designed 6,347
as to achieve necessary stability with an adequate margin of 6,348
safety compatible with that of structures constructed under the 6,349
"Watershed Protection and Flood Prevention Act," 68 Stat. 666 6,350
(1954), 16 U.S.C. 1001, as amended;. 6,351
(c) The quality of impounded water will be suitable on a 6,353
permanent basis for its intended use and that discharges from the 6,354
impoundment will not degrade the water quality below water 6,355
quality standards established pursuant to applicable federal and 6,356
state law in the receiving stream;. 6,357
(d) The level of water will be reasonably stable;. 6,359
(e) Final grading will provide adequate safety and access 6,361
for proposed water users;. 6,362
(f) The water impoundments will not result in the 6,364
diminution of the quality or quantity of water utilized by 6,365
adjacent or surrounding landowners for agricultural, industrial, 6,366
recreational, or domestic uses. 6,367
(9) Conduct any augering operation associated with strip 6,369
145
mining in a manner to maximize recoverability of mineral reserves 6,370
remaining after the operation and reclamation are complete and 6,371
seal all auger holes with an impervious and noncombustible 6,372
material in order to prevent drainage, except where the chief 6,373
determines that the resulting impoundment of water in such auger 6,374
holes may create a hazard to the environment or the public health 6,375
or safety. The chief may prohibit augering if necessary to 6,376
maximize the utilization, recoverability, or conservation of the 6,377
solid fuel resources or to protect against adverse water quality 6,378
impacts. 6,379
(10) Minimize the disturbances to the prevailing 6,381
hydrologic balance at the mine site and in associated offsite 6,382
areas and to the quality and quantity of water in surface and 6,383
ground water systems both during and after coal mining operations 6,384
and during reclamation by doing all of the following: 6,385
(a) Avoiding acid or other toxic mine drainage by such 6,387
measures as, but not limited to: 6,388
(i) Preventing or removing water from contact with toxic 6,390
producing deposits; 6,391
(ii) Treating drainage to reduce toxic content that 6,393
adversely affects downstream water upon being released to water 6,394
courses in accordance with rules adopted by the chief in 6,395
accordance with section 1513.02 of the Revised Code; 6,396
(iii) Casing, sealing, or otherwise managing boreholes, 6,398
shafts, and wells, and keeping acid or other toxic drainage from 6,399
entering ground and surface waters. 6,400
(b)(i) Conducting coal mining operations so as to prevent, 6,402
to the extent possible using the best technology currently 6,403
available, additional contributions of suspended solids to 6,404
streamflow or runoff outside the permit area, but in no event 6,405
shall contributions be in excess of requirements set by 6,406
applicable state or federal laws; 6,407
(ii) Constructing any siltation structures pursuant to 6,409
division (A)(10)(b)(i) of this section prior to commencement of 6,410
146
coal mining operations. The structures shall be certified by 6,411
persons approved by the chief to be constructed as designed and 6,412
as approved in the reclamation plan. 6,413
(c) Cleaning out and removing temporary or large settling 6,415
ponds or other siltation structures from drainways after 6,416
disturbed areas are revegetated and stabilized, and depositing 6,417
the silt and debris at a site and in a manner approved by the 6,418
chief; 6,419
(d) Restoring recharge capacity of the mined area to 6,421
approximate premining conditions; 6,422
(e) Avoiding channel deepening or enlargement in 6,424
operations requiring the discharge of water from mines; 6,425
(f) Such other actions as the chief may prescribe. 6,427
(11) With respect to surface disposal of mine wastes, 6,429
tailings, coal processing wastes, and other wastes in areas other 6,430
than the mine working areas or excavations, stabilize all waste 6,431
piles in designated areas through construction in compacted 6,432
layers, including the use of noncombustible and impervious 6,433
materials if necessary, and ensure that the final contour of the 6,434
waste pile will be compatible with natural surroundings and that 6,435
the site can and will be stabilized and revegetated according to 6,436
this chapter; 6,437
(12) Refrain from coal mining within five hundred feet of 6,439
active and abandoned underground mines in order to prevent 6,440
breakthroughs and to protect the health or safety of miners. The 6,441
chief shall permit an operator to mine near, through, or 6,442
partially through an abandoned underground mine or closer than 6,443
five hundred feet to an active underground mine if all BOTH of 6,444
the following conditions are met: 6,446
(a) The nature, timing, and sequencing of the approximate 6,448
coincidence of specific strip mine activities with specific 6,449
underground mine activities are approved by the chief; 6,450
(b) The operations will result in improved resource 6,452
recovery, abatement of water pollution, or elimination of hazards 6,453
147
to the health and safety of the public. 6,454
(13) Design, locate, construct, operate, maintain, 6,456
enlarge, modify, and remove or abandon, in accordance with the 6,457
standards and criteria developed pursuant to rules adopted by the 6,458
chief, all existing and new coal mine waste piles consisting of 6,461
mine wastes, tailings, coal processing wastes, or other liquid 6,462
and solid wastes, and used either temporarily or permanently as 6,463
dams or embankments; 6,464
(14) Ensure that all debris, acid-forming materials, toxic 6,466
materials, or materials constituting a fire hazard are treated or 6,467
buried and compacted or otherwise disposed of in a manner 6,468
designed to prevent contamination of ground or surface waters and 6,469
that contingency plans are developed to prevent sustained 6,470
combustion; 6,471
(15) Ensure that all reclamation efforts proceed in an 6,473
environmentally sound manner and as contemporaneously as 6,474
practicable with the coal mining operations, except that where 6,475
the applicant proposes to combine strip mining operations with 6,476
underground mining operations to ensure maximum practical 6,477
recovery of the mineral resources, the chief may grant a variance 6,478
for specific areas within the reclamation plan from the 6,479
requirement that reclamation efforts proceed as contemporaneously 6,480
as practicable to permit underground mining operations prior to 6,481
reclamation if: 6,482
(a) The chief finds in writing that: 6,484
(i) The applicant has presented, as part of the permit 6,486
application, specific, feasible plans for the proposed 6,487
underground mining operations;. 6,488
(ii) The proposed underground mining operations are 6,490
necessary or desirable to ensure maximum practical recovery of 6,491
the mineral resource and will avoid multiple disturbance of the 6,492
surface;. 6,493
(iii) The applicant has satisfactorily demonstrated that 6,495
the plan for the underground mining operations conforms to 6,496
148
requirements for underground mining in this state and that 6,497
permits necessary for the underground mining operations have been 6,498
issued by the appropriate authority;. 6,499
(iv) The areas proposed for the variance have been shown 6,501
by the applicant to be necessary for the implementing of the 6,502
proposed underground mining operations;. 6,503
(v) No substantial adverse environmental damage, either 6,505
on-site or off-site, will result from the delay in completion of 6,506
reclamation as required by this chapter;. 6,507
(vi) Provisions for the off-site storage of spoil will 6,509
comply with division (A)(21) of this section. 6,510
(b) The chief has adopted specific rules to govern the 6,512
granting of such variances in accordance with this division and 6,513
has imposed such additional requirements as the chief considers 6,515
necessary;.
(c) Variances granted under this division shall be 6,517
reviewed by the chief not more than three years from the date of 6,518
issuance of the permit;. 6,519
(d) Liability under the bond filed by the applicant with 6,521
the chief pursuant to section 1513.08 of the Revised Code shall 6,522
be for the duration of the underground mining operations and 6,523
until the requirements of this section and section 1513.08 of the 6,524
Revised Code have been fully complied with. 6,525
(16) Ensure that the construction, maintenance, and 6,527
postmining conditions of access roads into and across the site of 6,528
operations will control or prevent erosion and siltation, 6,529
pollution of water, and damage to fish or wildlife or their 6,530
habitat, or to public or private property; 6,531
(17) Refrain from the construction of roads or other 6,533
access ways up a stream bed or drainage channel or in such 6,534
proximity to the channel as to seriously alter the normal flow of 6,535
water; 6,536
(18) Establish, on the regraded areas and all other lands 6,538
affected, a diverse, effective, and permanent vegetative cover of 6,539
149
the same seasonal variety native to the area of land to be 6,540
affected and capable of self-regeneration and plant succession at 6,541
least equal in extent of cover to the natural vegetation of the 6,542
area, except that introduced species may be used in the 6,543
revegetation process where desirable and necessary to achieve the 6,544
approved postmining land use plan; 6,545
(19)(a) Assume the responsibility for successful 6,547
revegetation, as required by division (A)(18) of this section, 6,548
for a period of five full years after the last year of augmented 6,549
seeding, fertilizing, irrigation, or other work in order to 6,550
ensure compliance with that division, except that when the chief 6,551
approves a long-term intensive agricultural postmining land use, 6,552
the applicable five-year period of responsibility for 6,553
revegetation shall commence at the date of initial planting for 6,554
that long-term intensive agricultural postmining land use, and 6,555
except that when the chief issues a written finding approving a 6,556
long-term intensive agricultural postmining land use as part of 6,557
the mining and reclamation plan, the chief may grant an exception 6,558
to division (A)(18) of this section; 6,559
(b) On lands eligible for remining, assume the 6,561
responsibility for successful revegetation, as required by 6,562
division (A)(18) of this section, for a period of two full years 6,563
after the last year of augmented seeding, fertilizing,
irrigation, or other work in order to ensure compliance with that 6,564
division.
(20) Protect off-site areas from slides or damage 6,566
occurring during the coal mining and reclamation operations and 6,567
not deposit spoil material or locate any part of the operations 6,568
or waste accumulations outside the permit area; 6,569
(21) Place all excess spoil material resulting from coal 6,571
mining and reclamation operations in such a manner that all of 6,572
the following apply: 6,573
(a) Spoil is transported and placed in a controlled manner 6,575
in position for concurrent compaction and in such a way as to 6,576
150
ensure mass stability and to prevent mass movement;. 6,577
(b) The areas of disposal are within the bonded permit 6,579
areas. All organic matter shall be removed immediately prior to 6,580
spoil placement except in the zoned concept method. 6,581
(c) Appropriate surface and internal drainage systems and 6,583
diversion ditches are used so as to prevent spoil erosion and 6,584
mass movement;. 6,585
(d) The disposal area does not contain springs, natural 6,587
watercourses, or wet weather seeps unless lateral drains are 6,588
constructed from the wet areas to the main underdrains in such a 6,589
manner that filtration of the water into the spoil pile will be 6,590
prevented unless the zoned concept method is used;. 6,591
(e) If placed on a slope, the spoil is placed upon the 6,593
most moderate slope among those slopes upon which, in the 6,594
judgment of the chief, the spoil could be placed in compliance 6,595
with all the requirements of this chapter and is placed, where 6,596
possible, upon, or above, a natural terrace, bench, or berm if 6,597
that placement provides additional stability and prevents mass 6,598
movement;. 6,599
(f) Where the toe of the spoil rests on a downslope, a 6,601
rock toe buttress of sufficient size to prevent mass movement is 6,602
constructed;. 6,603
(g) The final configuration is compatible with the natural 6,605
drainage pattern and surroundings and suitable for intended 6,607
uses;.
(h) Design of the spoil disposal area is certified by a 6,609
qualified registered professional engineer in conformance with 6,610
professional standards;. 6,611
(i) All other provisions of this chapter are met. 6,613
(22) Meet such other criteria as are necessary to achieve 6,615
reclamation in accordance with the purpose of this chapter, 6,616
taking into consideration the physical, climatological, and other 6,617
characteristics of the site; 6,618
(23) To the extent possible, using the best technology 6,620
151
currently available, minimize disturbances and adverse impacts of 6,621
the operation on fish, wildlife, and related environmental 6,622
values, and achieve enhancement of such resources where 6,623
practicable; 6,624
(24) Provide for an undisturbed natural barrier beginning 6,626
at the elevation of the lowest coal seam to be mined and 6,627
extending from the outslope for such distance as the chief shall 6,628
determine to be retained in place as a barrier to slides and 6,629
erosion. 6,630
(B)(1) The chief may permit mining operations for the 6,632
purposes set forth in division (B)(3) of this section. 6,633
(2) When an applicant meets the requirements of divisions 6,635
(B)(3) and (4) of this section, a permit without regard to the 6,636
requirement to restore to approximate original contour known as 6,637
mountain top removal set forth in divisions (A)(3) or (C)(2) and 6,638
(3) of this section may be granted for the mining of coal where 6,639
the mining operation will remove an entire coal seam or seams 6,640
running through the upper fraction of a mountain, ridge, or hill, 6,641
except as provided in division (B)(4)(a) of this section, by 6,642
removing all of the overburden and creating a level plateau or a 6,643
gently rolling contour with no highwalls remaining, and capable 6,644
of supporting postmining uses in accordance with this division. 6,645
(3) In cases where an industrial, commercial, 6,647
agricultural, residential, or public facility use, including 6,648
recreational facilities, is proposed for the postmining use of 6,650
the affected land, the chief may grant a permit for a mining
operation of the nature described in division (B)(2) of this 6,651
section when all of the following apply: 6,652
(a) After consultation with the appropriate land use 6,654
planning agencies, if any, the proposed postmining land use is 6,655
considered to constitute an equal or better economic or public 6,656
use of the affected land, as compared with premining use;. 6,657
(b) The applicant presents specific plans for the proposed 6,659
postmining land use and appropriate assurances that the use will 6,660
152
be all of the following: 6,661
(i) Compatible with adjacent land uses; 6,663
(ii) Obtainable according to data regarding expected need 6,665
and market; 6,666
(iii) Assured of investment in necessary public 6,668
facilities; 6,669
(iv) Supported by commitments from public agencies where 6,671
appropriate; 6,672
(v) Practicable with respect to private financial 6,674
capability for completion of the proposed use; 6,675
(vi) Planned pursuant to a schedule attached to the 6,677
reclamation plan so as to integrate the mining operation and 6,678
reclamation with the postmining land use; 6,679
(vii) Designed by a registered engineer in conformity with 6,681
professional standards established to ensure the stability, 6,682
drainage, and configuration necessary for the intended use of the 6,683
site. 6,684
(c) The proposed use is consistent with adjacent land uses 6,686
and existing state and local land use plans and programs;. 6,687
(d) The chief provides the governing body of the unit of 6,689
general-purpose local government in which the land is located, 6,690
and any state or federal agency that the chief, in the chief's 6,692
discretion, determines to have an interest in the proposed use,
an opportunity of not more than sixty days to review and comment 6,693
on the proposed use;. 6,694
(e) All other requirements of this chapter will be met. 6,696
(4) In granting a permit pursuant to this division, the 6,698
chief shall require that each of the following is met: 6,699
(a) The toe of the lowest coal seam and the overburden 6,701
associated with it are retained in place as a barrier to slides 6,702
and erosion;. 6,703
(b) The reclaimed area is stable;. 6,705
(c) The resulting plateau or rolling contour drains inward 6,707
from the outslopes except at specified points;. 6,708
153
(d) No damage will be done to natural watercourses;. 6,710
(e) Spoil will be placed on the mountaintop bench as is 6,712
necessary to achieve the planned postmining land use, except that 6,713
all excess spoil material not retained on the mountaintop bench 6,714
shall be placed in accordance with division (A)(21) of this 6,715
section;. 6,716
(f) Stability of the spoil retained on the mountaintop 6,718
bench is ensured and the other requirements of this chapter are 6,719
met. 6,720
(5) The chief shall adopt specific rules to govern the 6,722
granting of permits in accordance with divisions (B)(1) to (4) of 6,723
this section and may impose such additional requirements as the 6,724
chief considers necessary. 6,725
(6) All permits granted under divisions (B)(1) to (4) of 6,727
this section shall be reviewed not more than three years from the 6,728
date of issuance of the permit unless the applicant affirmatively 6,729
demonstrates that the proposed development is proceeding in 6,730
accordance with the terms of the approved schedule and 6,731
reclamation plan. 6,732
(C) All of the following performance standards apply to 6,734
steep-slope coal mining and are in addition to those general 6,735
performance standards required by this section, except that this 6,736
division does not apply to those situations in which an operator 6,737
is mining on flat or gently rolling terrain on which an 6,738
occasional steep slope is encountered through which the mining 6,739
operation is to proceed, leaving a plain or predominantly flat 6,740
area, or where an operator is in compliance with division (B) of 6,741
this section: 6,742
(1) The operator shall ensure that when performing coal 6,744
mining on steep slopes, no debris, abandoned or disabled 6,745
equipment, spoil material, or waste mineral matter is placed on 6,746
the downslope below the bench or mining cut. Spoil material in 6,747
excess of that required for the reconstruction of the approximate 6,748
original contour under division (A)(3) or (C)(2) of this section 6,749
154
shall be permanently stored pursuant to division (A)(21) of this 6,750
section. 6,751
(2) The operator shall complete backfilling with spoil 6,753
material to cover completely the highwall and return the site to 6,754
the approximate original contour, which material will maintain 6,755
stability following mining and reclamation. 6,756
(3) The operator shall not disturb land above the top of 6,758
the highwall unless the chief finds that the disturbance will 6,759
facilitate compliance with the environmental protection standards 6,760
of this section, except that any such disturbance involving land 6,761
above the highwall shall be limited to that amount of land 6,762
necessary to facilitate compliance. 6,763
(D)(1) The chief may permit variances for the purposes set 6,765
forth in division (D)(3) of this section, provided that the 6,766
watershed control of the area is improved and that complete 6,767
backfilling with spoil material shall be required to cover 6,768
completely the highwall, which material will maintain stability 6,769
following mining and reclamation. 6,770
(2) Where an applicant meets the requirements of divisions 6,772
(D)(3) and (4) of this section, a variance from the requirement 6,773
to restore to approximate original contour set forth in division 6,774
(C)(2) of this section may be granted for the mining of coal when 6,776
the owner of the surface knowingly requests in writing, as a part 6,777
of the permit application, that such a variance be granted so as 6,778
to render the land, after reclamation, suitable for an
industrial, commercial, residential, or public use, including 6,779
recreational facilities, in accordance with the provisions of 6,781
divisions (D)(3) and (4) of this section.
(3) A variance pursuant to division (D)(2) of this section 6,783
may be granted if: 6,784
(a) After consultation with the appropriate land use 6,786
planning agencies, if any, the potential use of the affected land 6,787
is considered to constitute an equal or better economic or public 6,788
use;. 6,789
155
(b) The postmining land condition is designed and 6,791
certified by a registered professional engineer in conformity 6,792
with professional standards established to ensure the stability, 6,793
drainage, and configuration necessary for the intended use of the 6,794
site;. 6,795
(c) After approval of the appropriate state environmental 6,797
agencies, the watershed of the affected land is considered to be 6,798
improved. 6,799
(4) In granting a variance pursuant to division (D) of 6,801
this section, the chief shall require that only such amount of 6,802
spoil will be placed off the mine bench as is necessary to 6,803
achieve the planned postmining land use, ensure stability of the 6,804
spoil retained on the bench, and meet all other requirements of 6,805
this chapter. All spoil placement off the mine bench shall 6,806
comply with division (A)(21) of this section. 6,807
(5) The chief shall adopt specific rules to govern the 6,809
granting of variances under division (D) of this section and may 6,810
impose such additional requirements as the chief considers 6,811
necessary. 6,812
(6) All variances granted under division (D) of this 6,814
section shall be reviewed not more than three years from the date 6,815
of issuance of the permit unless the permittee affirmatively 6,816
demonstrates that the proposed development is proceeding in 6,817
accordance with the terms of the reclamation plan. 6,818
(E) The chief shall establish standards and criteria 6,820
regulating the design, location, construction, operation, 6,821
maintenance, enlargement, modification, removal, and abandonment 6,822
of new and existing coal mine waste piles referred to in division 6,823
(A)(13) of this section and division (A)(5) of section 1513.35 of 6,824
the Revised Code. The standards and criteria shall conform to 6,825
the standards and criteria used by the chief of the United States 6,826
army corps of engineers to ensure that flood control structures 6,827
are safe and effectively perform their intended function. In 6,828
addition to engineering and other technical specifications, the 6,829
156
standards and criteria developed pursuant to this division shall 6,830
include provisions for review and approval of plans and 6,831
specifications prior to construction, enlargement, modification, 6,832
removal, or abandonment; performance of periodic inspections 6,833
during construction; issuance of certificates of approval upon 6,834
completion of construction; performance of periodic safety 6,835
inspections; and issuance of notices for required remedial or 6,836
maintenance work. 6,837
(F)(1) The permittee may file a request with the chief for 6,839
release of a part of a performance bond or deposit under division 6,840
(F)(3) of this section. Within thirty days after any request for 6,841
bond or deposit release under this section has been filed with 6,842
the chief, the operator shall submit a copy of an advertisement 6,843
placed at least once a week for four successive weeks in a 6,844
newspaper of general circulation in the locality of the coal 6,845
mining operation. The advertisement shall be considered part of 6,846
any bond release application and shall contain a notification of 6,847
the precise location of the land affected, the number of acres, 6,848
the permit number and the date approved, the amount of the bond 6,849
filed and the portion sought to be released, the type and 6,850
appropriate dates of reclamation work performed, and a 6,851
description of the results achieved as they relate to the 6,852
operator's approved reclamation plan and, if applicable, the 6,853
operator's pollution abatement plan. In addition, as part of any 6,854
bond release application, the applicant shall submit copies of 6,855
the letters sent to adjoining property owners, local governmental 6,856
bodies, planning agencies, and sewage and water treatment 6,857
authorities or water companies in the locality in which the coal 6,858
mining and reclamation activities took place, notifying them of 6,859
the applicant's intention to seek release from the bond. 6,860
(2) Upon receipt of a copy of the advertisement and 6,862
request for release of a bond or deposit under division (F)(3)(c) 6,863
of this section, the chief, within thirty days, shall conduct an 6,864
inspection and evaluation of the reclamation work involved. The 6,865
157
evaluation shall consider, among other things, the degree of 6,866
difficulty to complete any remaining reclamation, whether 6,867
pollution of surface and subsurface water is occurring, the 6,868
probability of continuation or future occurrence of the 6,869
pollution, and the estimated cost of abating the pollution. The 6,870
chief shall notify the permittee in writing of the decision to 6,871
release or not to release all or part of the performance bond or 6,872
deposit within sixty days after the filing of the request if no 6,873
public hearing is held pursuant to division (F)(6) of this 6,874
section or, if there has been a public hearing held pursuant to 6,875
division (F)(6) of this section, within thirty days thereafter. 6,876
(3) The chief may release the bond or deposit if the 6,878
reclamation covered by the bond or deposit or portion thereof has 6,879
been accomplished as required by this chapter and rules adopted 6,880
under it according to the following schedule: 6,881
(a) When the operator completes the backfilling, 6,883
regrading, and drainage control of a bonded area in accordance 6,884
with the approved reclamation plan, and, if the area covered by 6,886
the bond or deposit is one for which an authorization was made 6,887
under division (E)(7) of section 1513.07 of the Revised Code, the 6,888
operator has complied with the approved pollution abatement plan 6,889
and all additional requirements established by the chief in rules 6,890
adopted under section 1513.02 of the Revised Code governing coal 6,891
mining and reclamation operations on pollution abatement areas, 6,892
the chief shall grant a release of fifty per cent of the bond or 6,893
deposit for the applicable permit area;. 6,894
(b) After resoiling and revegetation have been established 6,896
on the regraded mined lands in accordance with the approved 6,897
reclamation plan, the chief shall grant a release in an amount 6,898
not exceeding thirty-five per cent of the original bond or 6,899
deposit for all or part of the affected area under the permit. 6,900
When determining the amount of bond to be released after 6,901
successful revegetation has been established, the chief shall 6,902
retain that amount of bond for the revegetated area that would be 6,903
158
sufficient for a third party to cover the cost of reestablishing 6,904
revegetation for the period specified for operator responsibility 6,905
in this section for reestablishing revegetation. No part of the 6,906
bond or deposit shall be released under this division so long as 6,907
the lands to which the release would be applicable are 6,908
contributing suspended solids to streamflow or runoff outside the 6,909
permit area in excess of the requirements of this section or 6,910
until soil productivity for prime farmlands has returned to 6,911
equivalent levels of yield as nonmined land of the same soil type 6,912
in the surrounding area under equivalent management practices as 6,913
determined from the soil survey performed pursuant to section 6,914
1513.07 of the Revised Code. If the area covered by the bond or 6,915
deposit is one for which an authorization was made under division 6,916
(E)(7) of section 1513.07 of the Revised Code, no part of the 6,917
bond or deposit shall be released under this division until the 6,918
operator has complied with the approved pollution abatement plan 6,919
and all additional requirements established by the chief in rules 6,920
adopted under section 1513.02 of the Revised Code governing coal 6,921
mining and reclamation operations on pollution abatement areas. 6,922
Where a silt dam is to be retained as a permanent impoundment 6,923
pursuant to division (A)(10) of this section, the portion of bond 6,924
may be released under this division so long as provisions for 6,925
sound future maintenance by the operator or the landowner have 6,926
been made with the chief. 6,927
(c) When the operator has completed successfully all coal 6,929
mining and reclamation activities, including, if applicable, all 6,930
additional requirements established in the pollution abatement 6,931
plan approved under division (E)(7) of section 1513.07 of the 6,932
Revised Code and all additional requirements established by the 6,933
chief in rules adopted under section 1513.02 of the Revised Code 6,934
governing coal mining and reclamation operations on pollution 6,935
abatement areas, the chief shall release all or any of the 6,936
remaining portion of the bond or deposit for all or part of the 6,937
affected area under a permit, but not before the expiration of 6,938
159
the period specified for operator responsibility in this section, 6,939
except that the chief may adopt rules for a variance to the 6,940
operator period of responsibility considering vegetation success 6,941
and probability of continued growth and consent of the landowner, 6,942
provided that no bond shall be fully released until all 6,943
reclamation requirements of this chapter are fully met. 6,944
(4) If the chief disapproves the application for release 6,946
of the bond or deposit or portion thereof, the chief shall notify 6,947
the permittee, in writing, stating the reasons for disapproval 6,948
and recommending corrective actions necessary to secure the 6,949
release, and allowing the opportunity for a public adjudicatory 6,950
hearing. 6,951
(5) When any application for total or partial bond release 6,953
is filed with the chief under this section, the chief shall 6,954
notify the municipal corporation in which the coal mining 6,955
operation is located by certified mail at least thirty days prior 6,956
to the release of all or a portion of the bond. 6,957
(6) A person with a valid legal interest that might be 6,959
adversely affected by release of a bond under this section or the 6,960
responsible officer or head of any federal, state, or local 6,961
government agency that has jurisdiction by law or special 6,962
expertise with respect to any environmental, social, or economic 6,963
impact involved in the operation or is authorized to develop and 6,964
enforce environmental standards with respect to such operations 6,965
may file written objections to the proposed release from the bond 6,966
with the chief within thirty days after the last publication of 6,967
the notice required by division (F)(1) of this section. If 6,968
written objections are filed and an informal conference is 6,969
requested, the chief shall inform all interested parties of the 6,970
time and place of the conference. The date, time, and location 6,971
of the informal conference shall be advertised by the chief in a 6,972
newspaper of general circulation in the locality of the coal 6,973
mining operation proposed for bond release for at least once a 6,974
week for two consecutive weeks. The informal conference shall be 6,975
160
held in the locality of the coal mining operation proposed for 6,976
bond release or in Franklin county, at the option of the 6,977
objector, within thirty days after the request for the 6,978
conference. An electronic or stenographic record shall be made 6,979
of the conference proceeding unless waived by all parties. The 6,980
record shall be maintained and shall be accessible to the parties 6,981
until final release of the performance bond at issue. In the 6,982
event all parties requesting the informal conference stipulate 6,983
agreement prior to the requested informal conference and withdraw 6,984
their request, the informal conference need not be held. 6,985
(7) If an informal conference has been held pursuant to 6,987
division (F)(6) of this section, the chief shall issue and 6,988
furnish the applicant and persons who participated in the 6,989
conference with the written decision regarding the release within 6,990
sixty days after the conference. Within thirty days after 6,991
notification of the final decision of the chief regarding the 6,992
bond release, the applicant or any person with an interest that 6,993
is or may be adversely affected by the decision may appeal the 6,994
decision to the reclamation commission pursuant to section 6,996
1513.13 of the Revised Code.
(G) The chief shall adopt rules governing the criteria for 6,998
forfeiture of bond, the method of determining the forfeited 6,999
amount, and the procedures to be followed in the event of 7,000
forfeiture. Cash received as the result of such forfeiture is 7,001
the property of the state. 7,002
(H) Notwithstanding divisions (A) to (F) of this section, 7,004
the following time frames for reclamation and procedures for bond 7,005
release shall apply to those permits issued after April 10, 1972, 7,006
but before September 1, 1981: 7,007
(1) Within three months after the removal of overburden, 7,009
the operator shall commence backfilling, grading, resoiling, and 7,010
other work, except planting, on the area of land affected by that 7,011
removal. The work shall be completed within twelve months after 7,012
the end of the permit year within which the area of land was 7,013
161
affected, or within twelve months after the operation is 7,014
terminated, completed, or abandoned, whichever occurs first. 7,015
Whenever possible, the chief of the division of mines and 7,016
reclamation shall require backfilling, grading, resoiling, and 7,017
other work, including planting, as mining progresses. In any 7,018
case, planting shall take place not later than the next 7,019
appropriate season for such planting following the completion of 7,020
backfilling, grading, resoiling, and other work, as required by 7,021
this division.
If the chief finds that the operator cannot comply with the 7,023
time limits of this division because of a labor dispute, the 7,024
chief may extend them for the period of time lost. 7,025
The chief may extend the time limits of this division for 7,026
periods of not more than one year at a time if the operator needs 7,027
more time than that otherwise allowed under this division for the 7,028
purpose of removing limestone, clay, or shale which was uncovered 7,029
by strip mining, if the operator is in a business which 7,030
substantially utilizes limestone, clay, or shale, and if the 7,031
chief determines that the operator has a bona fide need for the 7,032
extension of time in order to carry out limestone, clay, or shale 7,033
removal. Removal of limestone, clay, and shale shall be 7,034
performed under rules adopted by the chief for the purpose of 7,035
ensuring compliance with the requirements and objectives of this 7,036
chapter. An extension of time made under this division shall not 7,037
delay reclamation on any part of the area of land affected for 7,038
which the extension is not necessary in order to carry out the 7,039
limestone, clay, or shale removal. 7,040
(2) When the reclamation other than planting of the area 7,042
of land affected as shown on an annual or final map is completed, 7,043
the operator shall file a request, on a form provided by the 7,044
chief, for inspection of the area. The request shall state all 7,045
of the following: 7,046
(a) The location of the area and number of acres; 7,048
(b) The permit number; 7,050
162
(c) The amount of bond, cash, or certificates of deposit 7,052
on deposit to ensure reclamation of the area; 7,053
(d) The results of testing on the soil of the reclaimed 7,055
area for such vegetation-sustaining factors as the chief shall 7,056
prescribe by rule. 7,057
The chief shall make an inspection and evaluation of the 7,059
reclamation of the area within the prescribed period after 7,060
receipt of the request or, if the operator fails to complete the 7,061
reclamation or file the request as required, as soon as the chief 7,062
learns of the default. Thereupon, if the chief approves the 7,063
reclamation other than planting as meeting the requirements of 7,064
this chapter, rules adopted thereunder, any orders issued during 7,065
the mining or reclamation, and the specifications of the plan for 7,066
mining and reclaiming, the chief shall issue an order to the 7,068
operator and the operator's surety releasing them from liability
for one-half the total amount of their surety bonds on deposit to 7,069
ensure reclamation for the area upon which reclamation is 7,070
completed. If the operator has deposited cash or certificates of 7,071
deposit in lieu of a surety bond to ensure reclamation, the chief 7,072
shall issue an order to the operator releasing one-half of the 7,073
total amount so held and shall promptly transmit a certified copy 7,074
of that order to the treasurer of state. Upon presentation of 7,075
the order to the treasurer of state by the operator to whom it 7,076
was issued, or by the operator's authorized agent, the treasurer 7,077
of state shall deliver to the operator or the operator's 7,078
authorized agent the cash or certificates of deposit designated 7,079
in the order. 7,080
If the chief does not approve the reclamation other than 7,082
planting, the chief shall notify the operator by certified mail 7,084
within the prescribed period after the request for inspection is
filed or after the chief learns of the default. The notice shall 7,085
be an order stating the reasons for unacceptability, ordering 7,087
further actions to be taken, and setting a time limit for 7,088
compliance. If the operator does not comply with the order 7,089
163
within the time limit specified, the chief may order an extension 7,090
of time for compliance after determining that the operator's 7,092
noncompliance is for good cause, resulting from developments 7,093
partially or wholly beyond the operator's control. If the 7,094
operator complies within the time limit or the extension of time 7,095
granted for compliance, the chief shall order release of bond, 7,096
cash, or certificates of deposit in the same manner as in the 7,097
case of approval of reclamation other than planting by the chief, 7,098
and the treasurer of state shall proceed as in such a case. If 7,099
the operator does not comply within the extension of time granted 7,101
for compliance, the chief shall issue another order declaring 7,102
that the operator has failed to reclaim and, if the operator's 7,103
permit has not already expired or been revoked, revoking the 7,104
operator's permit. The chief then shall proceed under division 7,105
(H)(4) of this section. 7,106
(3) When the planting of the area of land affected as 7,108
shown on an annual or final map is completed and the growing 7,109
season in which the planting occurred has terminated, the 7,110
operator shall file a request, on a form provided by the chief, 7,111
for inspection of the area. The request shall state all of the 7,112
following: 7,113
(a) The location of the area and number of acres; 7,115
(b) The permit number; 7,117
(c) The amount of bond, cash, or certificates of deposit 7,119
on deposit to ensure reclamation of the area; 7,120
(d) The type and date of planting of vegetative cover, the 7,122
degree of success of growth, and results of testing on the soil 7,123
of the reclaimed area for such vegetation-sustaining factors as 7,124
the chief shall prescribe by rule. 7,125
The chief shall make an inspection and evaluation of the 7,127
reclamation of the area within the prescribed period after 7,128
receipt of the request or, if the operator fails to complete the 7,129
reclamation or file the request as required, as soon as the chief 7,130
learns of the default. If the chief finds that the reclamation 7,131
164
meets the requirements of this chapter, rules adopted thereunder 7,132
in accordance with Chapter 119. of the Revised Code, any order 7,133
issued during the mining and reclamation, and the specifications 7,134
of the plan for mining and reclaiming, and decides to release any 7,135
remaining bond, cash, or certificates of deposit on deposit to 7,136
ensure reclamation of the area upon which reclamation is 7,137
completed, the chief shall publish, within ten days of completing 7,139
the inspection and evaluation, notice of that decision in a 7,140
newspaper of general circulation in the county in which the 7,141
operation is located. The notice shall be published on two days 7,142
one week apart and shall describe the size and location of the 7,143
area for which bond, cash, or certificates of deposit are to be 7,144
released and the amount of the bond, cash, or certificates of 7,145
deposit. Any person claiming to be deprived of a right or 7,146
protection afforded the person by law may file an appeal with the 7,147
reclamation commission, within ten days after the second 7,150
publication of notice, objecting to the decision to release the 7,151
bond, cash, or certificates of deposit. If such an appeal is 7,152
filed, the requirements of section 1513.13 of the Revised Code 7,153
shall be followed to the extent that they are not inconsistent 7,154
with the requirements of this section. The person filing the 7,155
appeal, within three days after the appeal is filed with the 7,156
commission, shall notify the chief and the operator by certified 7,158
mail of the filing of the appeal. If the commission affirms the 7,159
decision of the chief, the costs of the appeal shall be taxed 7,161
against the appellant, and the chief shall release the remaining 7,162
bond, cash, or certificates of deposit. If the commission finds 7,163
that the decision of the chief was unreasonable or unlawful, it 7,165
shall make a written order vacating the decision appealed from 7,166
and ordering the chief to take all necessary further actions in 7,167
requiring compliance with this section. After the operator has 7,169
completed all actions so required by the chief, the operator 7,170
shall file another request for inspection and proceed under this
division as in the first instance. If no such appeal is filed, 7,171
165
the chief, upon expiration of the ten days following the second 7,172
publication of notice, shall order release of the remaining bond, 7,173
cash, or certificates of deposit in the same manner as in the 7,175
case of approval of reclamation other than planting, and the
treasurer of state shall proceed as in such a case. 7,176
If the chief does not approve the reclamation performed by 7,178
the operator, the chief shall notify the operator by certified 7,180
mail within the prescribed period after the request for 7,181
inspection is filed or after learning of the default. The notice 7,182
shall be an order stating the reasons for unacceptability, 7,184
ordering further actions to be taken, and setting a time limit 7,185
for compliance. If the operator does not comply with the order 7,186
within the time limit specified, the chief may order an extension 7,187
of time for compliance after determining that the operator's 7,189
noncompliance is for good cause, resulting from developments 7,190
partially or wholly beyond the operator's control. If the 7,191
operator complies within the time limit or the extension of time 7,192
granted for compliance, the chief shall order release of the 7,193
remaining bond, cash, or certificates of deposit in the same 7,194
manner as in the case of approval of reclamation by the chief, 7,195
and the treasurer of state shall proceed as in such a case. If 7,196
the operator does not comply within the time limit and the chief 7,197
does not order an extension, or if the chief orders an extension 7,198
of time and the operator does not comply within the extension of 7,199
time granted for compliance, the chief shall make another order 7,200
declaring that the operator has failed to reclaim and, if the 7,201
operator's permit has not already expired or been revoked, 7,202
revoking the operator's permit. The chief then shall proceed 7,203
under division (H)(4) of this section. 7,204
(4) Upon issuing an order under division (H)(2) or (3) of 7,206
this section declaring that the operator has failed to reclaim, 7,207
the chief shall make a finding as to the number and location of 7,208
the acres of land which the operator has failed to reclaim in the 7,210
manner required by this chapter and the amount of the estimated 7,211
166
cost to the state to perform reclamation on those acres as 7,212
determined by the chief at the time of application. The chief
shall order the release of that proportion of the bond, cash, or 7,213
certificates of deposit which are on deposit to ensure 7,214
reclamation of those acres which the chief finds to have been 7,215
reclaimed in the manner required by this chapter, provided that 7,216
all the land contained within a yearly segment as shown in the 7,217
annual or final map has been so reclaimed. Such a release shall 7,218
be ordered in the same manner as in the case of other approval of 7,219
reclamation by the chief, and the treasurer of state shall 7,220
proceed as in such a case. If the operator has on deposit cash 7,221
or certificates of deposit to ensure reclamation of the area of 7,222
land affected, the chief shall issue at the same time an order 7,223
declaring that the remaining proportion of the cash or 7,224
certificates of deposit is the property of the state and is 7,225
available for use by the chief in performing reclamation of the 7,226
area and shall proceed as under section 1513.18 of the Revised 7,227
Code. 7,228
If the operator has on deposit a surety bond to ensure 7,230
reclamation of the area of land affected, the chief shall notify 7,231
the surety in writing of the operator's default and shall request 7,232
the surety to perform the surety's obligation and that of the 7,233
operator. The surety, within ten days after receipt of the 7,235
notice, shall notify the chief as to whether it intends to
perform those obligations. 7,236
If the surety chooses to perform, it shall arrange for work 7,238
to begin within thirty days of the day on which it notifies the 7,239
chief of its decision. If the surety completes the work as 7,240
required by this chapter, the chief shall issue an order to the 7,241
surety releasing the surety from liability under the bond in the 7,242
same manner as if the surety were an operator proceeding under 7,243
this section. If, after the surety begins the work, the chief 7,244
determines that the surety is not carrying the work forward with 7,245
reasonable progress, that it is improperly performing the work, 7,247
167
or that it has abandoned the work or otherwise failed to perform 7,248
its obligation and that of the operator, the chief shall issue an 7,249
order terminating the right of the surety to perform the work and 7,250
demanding payment of the amount due as required by this chapter. 7,251
If the surety chooses not to perform and so notifies the 7,253
chief, does not respond to the chief's notice within ten days of 7,254
receipt thereof, or fails to begin work within thirty days of the 7,255
day it timely notifies the chief of its decision to perform its 7,256
obligation and that of the operator, the chief shall issue an 7,257
order terminating the right of the surety to perform the work and 7,258
demanding payment of the amount due, as required by this chapter. 7,259
Upon receipt of an order of the chief demanding payment of 7,261
the amount due, the surety immediately shall deposit with the 7,262
chief cash in the full amount due under the order for deposit 7,263
with the treasurer of state. If the surety fails to make such an 7,264
immediate deposit, the chief shall certify the amount to the 7,265
attorney general for collection. When the chief has issued an 7,266
order terminating the right of the surety and has the cash on 7,267
deposit, the cash is the property of the state and is available 7,268
for use by the chief, who shall proceed as under section 1513.18 7,269
of the Revised Code. 7,270
(5) For purposes of division (H) of this section, 7,272
"prescribed period" means, in the case of a request for 7,273
inspection pertaining to twenty-five acres or less, sixty days; 7,274
in the case of a request for inspection pertaining to more than 7,275
twenty-five acres, but not more than one hundred twenty-five 7,276
acres, ninety days; in the case of a request for inspection 7,278
pertaining to more than one hundred twenty-five acres, but not 7,279
more than one thousand acres, one hundred twenty days; and in the 7,280
case of a request for inspection pertaining to more than one 7,281
thousand acres, one hundred eighty days. 7,282
Sec. 1513.161. An operator shall use explosives only in 7,291
accordance with Chapter 1567. of the Revised Code and rules 7,293
adopted pursuant thereto by the chief of the division of mines 7,294
168
and reclamation MINERAL RESOURCES MANAGEMENT, and in accordance 7,296
with this section and rules adopted pursuant thereto by the 7,297
chief, and in accordance with all applicable federal laws and 7,298
regulations. If, in any situation involving a coal mining 7,299
operation, except when underground coal mining is part or all of 7,300
the coal mining operation, a rule adopted pursuant to Chapter 7,302
1567. OF THE REVISED CODE is in conflict with a rule adopted 7,303
pursuant to this section, the rule adopted pursuant to this 7,305
section shall prevail PREVAILS. When underground coal mining is 7,306
part or all of the coal mining operation, the rule adopted 7,308
pursuant to Chapter 1567. shall prevail OF THE REVISED CODE 7,310
PREVAILS.
Before an explosive is set off, sufficient warning shall be 7,312
given to allow any person in or approaching the area ample time 7,313
to retreat a safe distance. 7,314
No blasting shall be done between the hours of sunset and 7,316
sunrise. 7,317
The chief shall adopt rules to: 7,320
(A) Provide adequate advance written notice to local 7,322
governments and residents who might be affected by the use of 7,323
explosives by publication of the planned blasting schedule in a 7,324
newspaper of general circulation in the locality of the coal 7,325
mining operation, by mailing a copy of the proposed blasting 7,326
schedule to every resident living within one-half mile of the 7,327
proposed blasting site, and by providing daily notice to 7,328
residents or occupants in such areas prior to any blasting; 7,329
(B) Maintain for a period of at least three years and make 7,331
available for public inspection upon request a log detailing the 7,332
location of the blasts, the pattern and depth of the drill holes, 7,333
the amount of explosives used per hole, and the order and length 7,334
of delay in the blasts; 7,335
(C) Limit the type of explosives and detonating equipment, 7,337
the size, and the timing and frequency of blasts based upon the 7,338
physical conditions of the site so as to prevent: 7,339
169
(1) Injury to persons; 7,341
(2) Damage to public and private property outside the 7,343
permit area; 7,344
(3) Adverse impacts on any underground mine; 7,346
(4) Change in the course, channel, or availability of 7,348
ground or surface water outside the permit area. 7,349
(D) Require that all blasting operations be conducted by 7,351
trained and competent persons as certified by the chief; 7,352
(E) Provide that upon the request of a resident or owner 7,354
of a man-made AN ARTIFICIAL dwelling or structure or water supply 7,356
within one-half mile of any portion of the permit area, the 7,358
applicant or permittee shall conduct a preblasting survey of the 7,359
structures or water supply and submit the survey to the chief and 7,360
a copy to the resident or owner making the request. The area of 7,361
the survey shall be decided by the chief and shall include such 7,362
provisions as the chief prescribes;. 7,363
(F) Require the training, examination, and certification 7,365
of persons engaging in or directly responsible for blasting or 7,366
use of explosives in coal mining operations. 7,367
The chief, by rule or order, may prohibit blasting in 7,369
specific areas where the safety of the public would be 7,370
endangered. 7,371
No person shall use explosives in violation of this 7,373
section, a rule adopted thereunder, or an order of the chief. 7,374
Sec. 1513.17. (A) No person shall: 7,383
(1) Engage in coal mining or conduct a coal mining 7,385
operation without a permit issued by the chief of the division of 7,386
mines and reclamation MINERAL RESOURCES MANAGEMENT; 7,387
(2) Knowingly violate a condition or exceed the limits of 7,389
a permit; 7,390
(3) Knowingly fail to comply with an order of the chief of 7,392
the division of mines and reclamation issued under Chapter 1513. 7,393
of the Revised Code THIS CHAPTER; 7,394
(4) Knowingly violate any provision of Chapter 1513. of 7,396
170
the Revised Code THIS CHAPTER not specificially mentioned in this 7,397
section; 7,398
(5) Knowingly make any false statement, representation, or 7,400
certification or knowingly fail to make any statement, 7,401
representation, or certification in any application, record, 7,402
report, plan, or other document filed or required to be 7,403
maintained under Chapter 1513. of the Revised Code THIS CHAPTER 7,404
or under a final order or decision issued by the chief; 7,406
(6) Knowingly prevent, hinder, delay, or otherwise 7,408
obstruct the operator from completing backfilling, grading, 7,409
resoiling, establishing successful vegetation, and meeting all 7,410
other reclamation requirements of Chapter 1513. of the Revised 7,411
Code THIS CHAPTER prior to the final release of the operator's 7,412
bond. 7,413
(B) Division (A)(1) of this section imposes strict 7,415
criminal liability. 7,416
Sec. 1513.18. (A) All money that becomes the property of 7,425
the state under division (G) of section 1513.16 of the Revised 7,428
Code shall be deposited in the reclamation forfeiture fund, which 7,429
is hereby created in the state treasury. Disbursements from the
fund shall be made by the chief of the division of mines and 7,431
reclamation only MINERAL RESOURCES MANAGEMENT for the purpose of 7,432
reclaiming areas of land affected by coal mining under a coal 7,433
mining and reclamation permit issued on or after September 1, 7,434
1981, on which an operator has defaulted. 7,435
(B) All cash that becomes the property of the state under 7,437
division (H) of section 1513.16 of the Revised Code shall be 7,438
deposited in the reclamation supplemental forfeiture fund, which 7,440
is hereby created in the state treasury. The fund ALSO shall 7,441
consist of all moneys so deposited, any moneys transferred to it 7,442
under this division from the unreclaimed lands fund created in 7,443
section 1513.30 of the Revised Code, any moneys transferred to it 7,446
under section 1513.181 of the Revised Code from the coal mining 7,448
and reclamation reserve fund created in that section, and moneys 7,449
171
collected and credited to it pursuant to section 5749.02 of the 7,450
Revised Code. Disbursements from the fund shall be made by the 7,454
chief only for the purpose of reclaiming areas that an operator 7,455
has affected by mining and failed to reclaim under a coal mining 7,456
and reclamation permit issued under this chapter or under a 7,457
surface mining permit issued under Chapter 1514. of the Revised 7,459
Code. The chief's priority for management of the fund, including 7,461
the selection of projects and transfer of moneys, shall be to 7,462
ensure that sufficient moneys are available for the reclamation 7,463
of areas affected by mining under a coal mining and reclamation 7,464
permit.
The chief may expend moneys from the fund to pay necessary 7,467
administrative costs, including engineering and design services, 7,468
incurred by the division OF MINERAL RESOURCES MANAGEMENT in 7,469
reclaiming these areas. Expenditures from the fund to pay such 7,470
administrative costs need not be made under contract. 7,471
As moneys are spent from the fund, the director of budget 7,474
and management, upon the certification of the chief, shall 7,475
transfer additional moneys from the unreclaimed lands fund
created in section 1513.30 of the Revised Code that the chief 7,478
requests, provided that the director shall not transfer more than 7,479
one million dollars from the unreclaimed lands fund to the 7,480
reclamation supplemental forfeiture fund during any fiscal year. 7,482
(C) Except when paying necessary administrative costs 7,484
authorized by division (B) of this section, expenditures from 7,485
either THE fund shall be made under contracts entered into by the 7,487
chief, with the approval of the director of natural resources, in 7,488
accordance with procedures established by the chief, by rules 7,489
adopted in accordance with section 1513.02 of the Revised Code. 7,490
The chief may reclaim the land in the same manner as set forth in 7,491
sections 1513.21 to 1513.24 of the Revised Code. Each contract 7,492
awarded by the chief shall be awarded to the lowest responsive 7,493
and responsible bidder, in accordance with section 9.312 of the 7,494
Revised Code, after sealed bids are received, opened, and 7,495
172
published at the time and place fixed by the chief. The chief 7,496
shall publish notice of the time and place at which bids will be 7,497
received, opened, and published, at least once and at least ten 7,498
days before the date of the opening of the bids, in a newspaper 7,499
of general circulation in the county in which the area of land to 7,500
be reclaimed under the contract is located. If, after 7,501
advertising, no bids are received at the time and place fixed for 7,503
receiving them, the chief may advertise again for bids, or, if 7,504
the chief considers the public interest will best be served, the 7,506
chief may enter into a contract for the reclamation of the area 7,507
of land without further advertisement for bids. The chief may 7,508
reject any or all bids received and again publish notice of the 7,509
time and place at which bids for contracts will be received, 7,510
opened, and published. The chief, with the approval of the 7,511
director, may enter into a contract with the landowner, a coal 7,512
mine operator or surface mine operator mining under a current, 7,513
valid permit issued under this chapter or Chapter 1514. of the 7,514
Revised Code, or a contractor hired by the surety to complete 7,516
reclamation to carry out reclamation on land affected by coal 7,517
mining on which an operator has defaulted without advertising for 7,518
bids.
(D) If the amount of money credited to the reclamation 7,520
forfeiture fund from the forfeiture of the bond applicable to the 7,521
area of land is not sufficient to pay the cost of doing all of 7,522
the reclamation work on land that the operator should have done, 7,523
but failed to do under a coal mining and reclamation permit, the 7,524
chief may expend from the moneys credited to the reclamation 7,526
supplemental forfeiture fund under section 5749.02 of the Revised 7,529
Code or transferred to the fund under division (B) of this 7,531
section or under section 1513.181 of the Revised Code the amount 7,535
of money necessary to complete the reclamation work to the 7,536
standards required by this chapter. 7,537
(E) The chief shall keep a detailed accounting of the 7,540
expenditures from the reclamation supplemental forfeiture fund to 7,542
173
complete reclamation of the land and, upon completion of the
reclamation, shall certify the expenditures to the attorney 7,543
general. Upon the chief's certification of the expenditures from 7,544
the reclamation supplemental forfeiture fund, the attorney 7,545
general shall bring an action for that amount of money. The 7,546
operator is liable for that expense in addition to any other 7,547
liabilities imposed by law. Moneys so recovered shall be 7,549
credited to the reclamation supplemental forfeiture fund. The 7,550
chief shall not postpone the reclamation because of any action 7,552
brought by the attorney general under this division. Prior to 7,553
completing reclamation, the chief may collect through the 7,554
attorney general any additional amount that the chief believes 7,555
will be necessary for reclamation in excess of the forfeited bond 7,556
amount applicable to the land that the operator should have, but 7,557
failed to, reclaim.
(F) If any part of the moneys in the reclamation 7,559
forfeiture fund remains in the fund after the chief has caused 7,561
the area of land to be reclaimed and has paid all the reclamation 7,562
costs and expenses, the chief may expend those moneys to complete 7,563
other reclamation work performed under this section on forfeiture 7,564
areas affected under a coal mining and reclamation permit issued 7,565
on or after September 1, 1981. 7,566
(G) The chief shall require every contractor performing 7,569
reclamation work pursuant to this section to pay workers at the 7,570
greater of their regular rate of pay, as established by contract, 7,571
agreement, or prior custom or practice, or the average wage rate 7,572
paid in this state for the same or similar work as determined by 7,573
the chief under section 1513.02 of the Revised Code. 7,574
Sec. 1513.181. There is hereby created in the state 7,583
treasury the coal mining administration and reclamation reserve 7,584
fund. The fund shall be used for the administration and 7,585
enforcement of this chapter. The chief of the division of mines 7,587
and reclamation MINERAL RESOURCES MANAGEMENT may transfer not 7,588
more than one million dollars annually from the fund to the 7,589
174
reclamation supplemental forfeiture fund created in section 7,591
1513.18 of the Revised Code to complete reclamation of lands 7,592
affected by coal mining under a permit issued under this chapter, 7,593
or by surface mining under a surface mining permit issued under 7,595
Chapter 1514. of the Revised Code, that the operator failed to 7,597
reclaim and for which the operator's bond is insufficient to 7,598
complete the reclamation. Within ten days before or after the 7,599
beginning of each calendar quarter, the chief shall MAY certify 7,600
to the director of budget and management the amount of money 7,602
needed to perform such reclamation during the quarter for 7,603
transfer from the coal mining administration and reclamation 7,604
reserve fund to the reclamation supplemental forfeiture fund. 7,605
Fines collected under division (F)(E) of section 1513.02 7,607
and section 1513.99 of the Revised Code, and fines collected for 7,608
a violation of section 2921.31 of the Revised Code that, prior to 7,609
July 1, 1996, would have been a violation of division (G) of 7,611
section 1513.17 of the Revised Code as it existed prior to that 7,612
date, shall be paid into the coal mining administration and 7,613
reclamation reserve fund.
Sec. 1513.20. The chief of the division of mines and 7,622
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 7,623
the director of natural resources, may purchase or acquire by 7,624
gift, donation, or contribution any eroded land, including land 7,625
affected by strip mining, for which no cash is held in the 7,626
reclamation forfeiture fund created by section 1513.18 of the 7,628
Revised Code. For this purpose the chief may expend moneys
deposited in the unreclaimed lands fund created by section 7,629
1513.30 of the Revised Code. All lands purchased or acquired 7,630
shall be deeded to the state, but no deed shall be accepted or 7,631
the purchase price paid until the title has been approved by the 7,632
attorney general.
Sec. 1513.21. From moneys appropriated for this purpose, 7,641
the chief of the division of mines and reclamation MINERAL 7,642
RESOURCES MANAGEMENT shall reclaim any land or tract of land 7,644
175
acquired pursuant to section 1513.20 of the Revised Code in such 7,645
manner that, after reclamation, such land or tract shall be 7,646
suitable for agriculture, forests, recreation, wildlife, water 7,647
conservation, or such other use as the chief may deem proper for 7,648
such land, or tract of land, in the light of the character of the 7,650
soil, the topography of the land or tract to be reclaimed and of
the surrounding lands, the proximity thereof to urban centers, 7,651
and the requirements of any applicable conservation program. 7,652
Sec. 1513.22. Before proceeding to reclaim any land or 7,661
tract of land acquired pursuant to section 1513.20 of the Revised 7,662
Code, the chief of the division of mines and reclamation MINERAL 7,663
RESOURCES MANAGEMENT shall determine the purpose or purposes for 7,664
which such land or tract should be devoted after reclamation and 7,665
shall develop a plan of reclamation for such land or tract 7,666
reasonably designed to accomplish such purpose or purposes and an 7,667
estimate of the cost thereof. When completed such plan shall be 7,668
submitted to the director of natural resources who may approve or 7,669
disapprove the same.
Sec. 1513.23. In determining the purpose or purposes for 7,678
which any land or tract of land should be devoted after 7,679
reclamation and in preparing a plan of reclamation, the chief of 7,680
the division of mines and reclamation MINERAL RESOURCES 7,681
MANAGEMENT may call to his THE CHIEF'S assistance, temporarily, 7,683
any engineers or other employees in any state department or in 7,684
the Ohio state university, or other educational institutions 7,685
financed wholly or in part by the state, for the purpose of
making studies, surveys, and maps and for the purpose of devising 7,687
the most effective and economical plan of reclamation. 7,688
Such engineers and employees shall not receive any 7,690
additional compensation other than that which they receive from 7,691
the department by which they are employed, but they shall be 7,692
reimbursed for their actual and necessary expenses incurred while 7,693
working under the direction of the chief of the division of mines 7,695
and reclamation.
176
Sec. 1513.24. After a plan of reclamation is approved by 7,704
the director of natural resources, the chief of the division of 7,706
mines and reclamation MINERAL RESOURCES MANAGEMENT, from any 7,707
moneys appropriated for the reclamation of strip mined lands, 7,709
shall proceed to carry out the plan.
With the approval of the director, the chief may carry out 7,711
any such plan or any part of such plan with the employees and 7,712
equipment of any division of the department of natural resources 7,713
or he THE CHIEF may carry out any such plan, or any part of such 7,714
plan by contracting therefor, provided that the chief shall not 7,716
enter into any contract, agreement, or understanding unless the 7,717
same is approved by the director. 7,718
Any such contract shall be entered into by the chief, with 7,720
the approval of the director, with persons who agree therein to 7,721
furnish any of the materials, equipment, or labor. Each such 7,722
contract shall be awarded by the chief to the lowest responsive 7,723
and responsible bidder, in accordance with section 9.312 of the 7,724
Revised Code, after sealed bids therefor are received, opened, 7,725
and published at the time and place fixed by the chief, and 7,726
notice of the time and place at which the sealed bids will be 7,727
received, opened, and published, has been published by the chief 7,728
at least once at least ten days before the opening of the bids in 7,729
a newspaper of general circulation in the county in which the 7,730
area of land to be reclaimed under the contract is located, 7,731
provided that if, after so advertising for bids for the contract, 7,732
no bids therefor are received by the chief at the time and place 7,733
fixed for receiving them, the chief may advertise again for such 7,734
bids, but he THE CHIEF is not required to do so, and he THE CHIEF 7,736
may, if he THE CHIEF considers the public interest will be best 7,737
served thereby, enter into a contract for the reclamation of the 7,738
land or tract without further advertisement for bids. The chief 7,739
may reject any or all bids received and fix and publish again 7,740
notice of the time and place at which bids for such contracts 7,741
will be received, opened, and published. 7,742
177
The chief shall require every contractor performing 7,744
reclamation work under this section to pay workers at the greater 7,745
of their rate of pay, as established by contract, agreement, or 7,746
prior custom or practice, or the average wage rate paid in this 7,747
state for the same or similar work as determined by the chief 7,748
under section 1513.02 of the Revised Code. 7,749
Sec. 1513.25. After completion of the reclamation of a 7,758
tract of land acquired pursuant to section 1513.20 of the Revised 7,759
Code, the chief of the division of mines and reclamation MINERAL 7,760
RESOURCES MANAGEMENT may, if the land is suitable to the uses of 7,762
any other department, division, office, or institution of the 7,763
state, transfer the land or tract to that department, division, 7,764
office, or institution, subject to the approval of the director 7,765
of natural resources.
With the approval of the attorney general and the director, 7,767
the chief may sell any such land or tract, after completion of 7,768
the plan of reclamation, when the sale is advantageous to the 7,769
state. 7,770
With the approval of the attorney general and the director, 7,772
the chief may grant easements and leases on the land or tract 7,773
under terms advantageous to the state, and may grant mineral 7,774
rights on a royalty basis. 7,775
All moneys received from the sale of reclaimed lands, or in 7,777
payment for easements, leases, or royalties, shall be paid to the 7,778
unreclaimed lands fund CREATED IN SECTION 1513.30 OF THE REVISED 7,779
CODE.
Sec. 1513.26. The chief of the division of mines and 7,788
reclamation MINERAL RESOURCES MANAGEMENT shall make an annual 7,789
report to the governor and to the general assembly. The report 7,790
shall identify each reclamation project, state the number of 7,791
acres reclaimed by the division or persons with whom it contracts 7,792
under sections 1513.20 to 1513.25 of the Revised Code, identify 7,793
the county in which the project is located, and make a detailed 7,794
accounting of expenditures.
178
Sec. 1513.27. As used in this section and sections 7,803
1513.28, 1513.30, 1513.31, and 1513.32 of the Revised Code, 7,804
"damage to adjacent property" means physical injury or harm to 7,805
nearby property caused by the unreclaimed condition of lands 7,806
mined prior to April 10, 1972, or pursuant to a license issued 7,807
prior to April 10, 1972, including, without limitation, injury or 7,808
harm to vegetation on adjacent property, pollution of surface or 7,809
underground waters on adjacent property, loss or interruption of 7,810
water supply on adjacent property, flow of acid water onto or 7,811
across adjacent property, flooding of adjacent property, 7,812
landslides onto or across adjacent property, erosion of adjacent 7,813
property, or deposition of sediment upon adjacent property. 7,814
Damage to adjacent property does not include any diminution of 7,815
the market value of adjacent property caused exclusively by the 7,816
visual or aesthetic appearance of such unreclaimed lands. 7,817
The chief of the division of mines and reclamation MINERAL 7,819
RESOURCES MANAGEMENT, with the approval of the director of 7,821
natural resources, may enter into a written agreement, which may 7,822
be in the form of a contract, with the owner of any unreclaimed 7,823
land affected by mining before April 10, 1972, or pursuant to a 7,824
license issued before April 10, 1972, that causes or may cause 7,825
pollution of the waters of the state or damage to adjacent 7,826
property, is not likely to be mined in the foreseeable future, 7,827
and lies within the boundaries of a project area approved by the 7,828
council on unreclaimed strip mined lands CREATED IN SECTION 7,829
1513.29 OF THE REVISED CODE, under which the state or its agents 7,830
may enter the land to reclaim it at state expense with moneys 7,831
from the unreclaimed lands fund created by section 1513.30 of the 7,832
Revised Code by establishing vegetative cover and substantially 7,833
reducing or eliminating erosion, sedimentation, landslides, 7,834
pollution, accumulation or discharge of acid water, flooding, and 7,835
damage to adjacent property. The agreement may include 7,836
provisions pertaining to liability for damages and any other 7,837
provisions necessary or desirable to achieve the purposes of this 7,838
179
section.
If the chief makes a finding of fact that land or water 7,840
resources have been adversely affected by past coal mining 7,841
practices; if the adverse effects are at a stage where, in the 7,842
public interest, action to restore, reclaim, abate, control, or 7,843
prevent the adverse effects should be taken; and if the owners of
the affected land or water resources either are not known or 7,844
readily available or will not give permission for the state, 7,845
political subdivisions, or their agents, employees, or 7,846
contractors to enter on the property to restore, reclaim, abate, 7,847
control, or prevent the adverse effects, the chief or the chief's 7,848
agents, employees, or contractors may enter on the affected 7,849
property in order to do all things necessary or expedient to 7,850
restore, reclaim, abate, control, or prevent the adverse effects. 7,851
Prior to entering on the property, the chief or the chief's 7,853
agents, employees, or contractors shall give notice by mail to 7,854
the owners, if known, or, if not known, by posting notice on the 7,855
premises and advertising once in a newspaper of general 7,856
circulation in the county or municipal corporation in which the 7,857
land lies. Such an entry shall be construed as an exercise of 7,858
the police power for the protection of public health, safety, and 7,859
welfare and shall not be construed as an act of condemnation of 7,860
property or of trespass. The moneys expended for the work and
the benefits accruing to any premises so entered upon shall be 7,862
chargeable against land and shall mitigate or offset any claim in 7,863
or any action brought by any owner of any interest in the
premises for any alleged damages by virtue of the entry. This 7,864
provision is not intended to create new rights of action or 7,865
eliminate existing immunities.
Each agreement entered into pursuant to this section shall 7,867
contain provisions for the reimbursement of a portion of the 7,868
costs of the reclamation that is commensurate with the increase 7,869
in the fair market value of the property attributable to the 7,870
reclamation work thereon, as determined by appraisals made before 7,871
180
and after reclamation in the manner stated in the agreement, 7,872
unless the determination discloses an increase in value that is 7,873
insubstantial. For reimbursement of the portion, the agreement 7,874
may include provisions for any of the following: 7,875
(A) Public use for soil, water, forest, or wildlife 7,877
conservation or public recreation purposes; 7,878
(B) Payment to the state of the share of the income from 7,880
the crops or timber produced on the land that is stated in the 7,881
agreement; 7,882
(C) Imposition of a lien in the amount of the increase in 7,884
fair market value payable upon transfer or conveyance of the 7,885
property to a new owner. All such reimbursements and payments 7,886
shall be credited to the unreclaimed lands fund. 7,887
(D) Payment to the state in cash of the amount of the 7,889
increase in fair market value, payable upon completion of the 7,890
reclamation. 7,891
For the purpose of selecting lands to be reclaimed within 7,893
the boundaries of approved project areas, the chief shall consult 7,894
the owners of unreclaimed lands, may consult with local 7,895
officials, civic and professional organizations, and interested 7,896
individuals, and shall consider the feasibility, cost, and public 7,897
benefits of reclaiming particular lands, their potential for 7,898
being mined, and the availability of federal or other assistance 7,899
for reclamation. Before entering into the agreement, the chief 7,900
shall prepare or approve a detailed plan with topographic maps 7,901
indicating the reclamation improvements to be made. The plan may 7,902
include improvements recommended by the owner, but may not 7,903
include improvements that the chief finds are not necessary to 7,904
establish vegetative cover or substantially reduce or eliminate 7,905
erosion, sedimentation, landslides, pollution, accumulation or 7,906
discharge of acid water, flooding, or damage to adjacent 7,907
property. 7,908
With the approval of the director and upon entering into 7,910
the agreement with the owner, the chief may carry out the plan of 7,911
181
reclamation or any part thereof with the employees and equipment 7,912
of any division of the department of natural resources, or the 7,913
chief may carry out the plan or any part thereof by contracting 7,915
therefor.
The chief, with the approval of the director and written 7,918
consent of the owner, may enter into a contract with an operator 7,919
mining adjacent land under a current, valid permit to carry out 7,920
the plan of reclamation on the unreclaimed land or any part of 7,921
the plan without advertising for bids. Contracts entered into 7,922
with operators mining adjacent land shall ARE not be subject to 7,923
division (B) of section 127.16 of the Revised Code.
The chief shall require every operator mining adjacent land 7,925
who performs reclamation work pursuant to this section to pay 7,926
workers at the greater of their regular rate of pay, as 7,927
established by contract, agreement, or prior custom or practice, 7,928
or the average wage rate paid in this state for the same or 7,929
similar work performed in the same or similar locality by private 7,930
companies doing their own reclamation work. Each contract 7,931
awarded by the chief to other than an operator mining adjacent 7,932
land shall be awarded to the lowest responsible bidder after 7,933
sealed bids are received, opened, and published at the time and 7,934
place fixed by the chief. The chief shall publish notice of the 7,935
time and place at which bids will be received, opened, and 7,936
published, at least once at least ten days before the date of the 7,937
opening of the bids, in a newspaper of general circulation in the 7,938
county in which the area of land to be reclaimed under the 7,939
contract is located. If, after so advertising for bids, no bids 7,940
are received by the chief at the time and place fixed for 7,941
receiving them, the chief may advertise again for bids, or, if 7,943
the chief considers the public interest will be best served, the 7,945
chief may enter into a contract for the reclamation of the area 7,946
of land without further advertisement for bids. The chief may 7,947
reject all bids received and again publish notice of the time and 7,948
place at which bids for contracts will be received, opened, and 7,949
182
published. The chief, with the approval of the director and 7,950
written consent of the owner, may enter into a contract with a 7,951
licensed mine operator mining adjacent land under a valid permit 7,952
to carry out the plan of reclamation on the unreclaimed land or 7,953
any part of the plan without advertising for bids. 7,954
Sec. 1513.28. The chief of the division of mines and 7,963
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 7,965
the director of natural resources, may make grants of moneys from 7,966
the unreclaimed lands fund created by section 1513.30 of the 7,967
Revised Code for the payment by the state of up to seventy-five 7,968
per cent of the reasonable and necessary reclamation expenses 7,969
incurred by the owner of any unreclaimed land affected by mining 7,970
before April 10, 1972, or pursuant to a license issued before 7,971
April 10, 1972, that causes or may cause pollution of the waters 7,972
of the state or damage to adjacent property, is not likely to be 7,973
mined in the foreseeable future, and lies within the boundaries 7,974
of a project area approved by the council on unreclaimed strip 7,975
mined lands CREATED IN SECTION 1513.29 OF THE REVISED CODE, in 7,976
accordance with a plan of reclamation approved by the chief. 7,978
The owner shall submit application for a grant on forms 7,980
furnished by the division, together with detailed plans and 7,981
topographic maps indicating the reclamation improvements to be 7,982
made, an itemized estimate of the project's cost, a description 7,983
of the project's benefits, and such other information as the 7,984
chief prescribes. The plan of reclamation may be prepared in 7,985
consultation with a local soil and water conservation district. 7,986
The chief may award the applicant a grant only after 7,988
finding that the proposed reclamation work will establish 7,990
vegetative cover and substantially reduce or eliminate erosion, 7,991
sedimentation, landslides, pollution, accumulation or discharge 7,992
of acid water, flooding, and damage to adjacent property. 7,993
For the purpose of establishing priorities for awarding 7,995
grants under this section and section 1513.31 of the Revised 7,996
Code, the chief shall consider each project's feasibility, cost, 7,997
183
and public benefits of reclaiming the particular land, its 7,998
potential for being mined, and the availability of federal or 7,999
other financial assistance for reclamation. 8,000
The chief shall determine the amount of a grant under this 8,002
section based upon the chief's determination of what constitutes 8,004
reasonable and necessary expenses actually incurred for 8,005
establishing vegetative cover, substantially reducing or 8,006
eliminating erosion, sedimentation, landslides, pollution, 8,007
accumulation or discharge of acid water, flooding, or damage to 8,008
adjacent property, and preparing the plan of reclamation. The 8,009
owner may elect to have other improvements made concurrently, but 8,010
in no event shall any part of the grant be made for such other 8,011
improvements, and in no event shall the amount of the grant 8,012
exceed seventy-five per cent of the total amount, determined by 8,013
the chief, of what constitutes reasonable and necessary expenses 8,014
actually incurred for the reclamation measures listed in this 8,015
section. 8,016
The chief shall enter into a contract for funding with each 8,018
applicant awarded a grant to ensure that the moneys granted are 8,019
used for the purposes of this section and that the reclamation 8,020
work is properly done. The final payment may not be made until 8,021
the chief inspects and approves the completed reclamation work. 8,022
Each such contract shall contain provisions for the 8,024
reimbursement of a portion of the costs of the reclamation that 8,025
is commensurate with the increase in the fair market value of the 8,026
property attributable to the reclamation work thereon, as 8,027
determined by appraisals made before and after reclamation in the 8,028
manner stated in the agreement, unless such determination 8,029
discloses an increase in value that is insubstantial in 8,030
comparison to the benefits to the public from the abatement of 8,031
pollution or prevention of damage to adjacent property, 8,032
considering the applicant's share of the reclamation cost. For 8,033
reimbursement of such portion, the contract may include 8,034
provisions for: 8,035
184
(A) Public use for soil, water, forest, or wildlife 8,037
conservation or public recreation purposes; 8,038
(B) Payment to the state of the share of the income from 8,040
the crops or timber produced on the land that is stated in the 8,041
agreement; 8,042
(C) Imposition of a lien in the amount of the increase in 8,044
fair market value payable upon transfer or conveyance of the 8,045
property to a new owner; 8,046
(D) Payment to the state in cash in the amount of the 8,048
increase in fair market value, payable upon completion of the 8,049
reclamation. 8,050
All such reimbursements and payments shall be credited to 8,052
the unreclaimed lands fund. 8,053
Not more than forty per cent of the money credited to the 8,055
fund during the preceding calendar year may be expended during a 8,056
calendar year for grants under this section. 8,057
The chief shall require every landowner performing 8,059
reclamation work pursuant to this section to pay workers at the 8,060
greater of their regular rate of pay, as established by contract, 8,061
agreement, or prior custom or practice, or the average wage rate 8,062
in this state for the same or similar work performed in the same 8,063
or similar locality by private companies doing their own 8,064
reclamation work. 8,065
Sec. 1513.29. There is hereby created the council on 8,074
unreclaimed strip mined lands. Its members are the chief of the 8,075
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,076
four persons appointed by the director of natural resources, two 8,078
members of the house of representatives appointed by the speaker 8,079
of the house of representatives, one member of the house of 8,080
representatives appointed by the minority leader of the house of 8,081
representatives, two members of the senate appointed by the 8,082
president of the senate, and one member of the senate appointed 8,083
by the minority leader of the senate.
Members who are members of the general assembly shall serve 8,085
185
terms of four years or until their legislative terms end, 8,086
whichever is sooner. Members appointed by the director shall 8,087
serve terms of four years, except that the terms of the first 8,088
four members shall be for two and four years, as designated by 8,089
the director. Any vacancy in the office of a member of the 8,090
council shall be filled by the appointing authority for the 8,091
unexpired term of the member whose office will be vacant. The 8,092
appointing authority may at any time remove a member of the 8,093
council for misfeasance, nonfeasance, malfeasance, or conflict of 8,094
interest in office. 8,095
The council shall hold at least four regular quarterly 8,097
meetings each year. Special meetings may be held at the call of 8,098
the chairperson or a majority of the members. The council shall 8,100
annually elect from among its members a chairperson, a 8,101
vice-chairperson, and a secretary to keep a record of its 8,103
proceedings.
The council shall gather information, study, and make 8,105
recommendations concerning the number of acres, location, 8,106
ownership, condition, environmental damage resulting from the 8,107
condition, cost of acquiring, reclaiming, and possible future 8,108
uses and value of eroded lands within the state, including land 8,109
affected by strip mining for which no cash is held in the strip 8,110
mining reclamation fund. 8,111
The council may employ such staff and hire such consultants 8,113
as necessary to perform its duties. Members appointed by the 8,114
director and, notwithstanding section 101.26 of the Revised Code, 8,115
members who are members of the general assembly, when engaged in 8,116
their official duties as members of the council, shall be 8,117
compensated on a per diem basis in accordance with division (J) 8,118
of section 124.15 of the Revised Code. Members shall be 8,119
reimbursed for their necessary expenses. Expenses incurred by 8,120
the council and compensation provided under this section shall be 8,122
paid by the chief of the division of mines and reclamation 8,123
MINERAL RESOURCES MANAGEMENT from the unreclaimed lands fund 8,126
186
created in section 1513.30 of the Revised Code.
The council shall report its findings and recommendations 8,128
to the governor and the general assembly not later than January 8,129
1, 1974, and biennially thereafter. 8,130
Sec. 1513.30. There is hereby created in the state 8,139
treasury the unreclaimed lands fund, to be administered by the 8,140
chief of the division of mines and reclamation MINERAL RESOURCES 8,141
MANAGEMENT and used for the purpose of reclaiming land, public or 8,143
private, affected by mining, or controlling mine drainage, for 8,144
which no cash is held in the reclamation forfeiture fund created 8,145
in section 1513.18 of the Revised Code or the surface mining 8,147
reclamation fund created in section 1514.06 of the Revised Code 8,148
and also for the purpose of paying the expenses and compensation 8,149
of the council on unreclaimed strip mined lands as required by 8,150
section 1513.29 of the Revised Code.
In order to direct expenditures from the unreclaimed lands 8,152
fund toward reclamation projects that fulfill priority needs and 8,153
provide the greatest public benefits, the chief periodically 8,155
shall submit to the council project proposals to be financed from 8,156
the unreclaimed lands fund, together with benefit and cost data 8,157
and other pertinent information. For the purpose of selecting 8,158
project areas and determining the boundaries of project areas, 8,159
the council shall consider the feasibility, cost, and public 8,160
benefits of reclaiming the areas, their potential for being 8,161
mined, the availability of federal or other financial assistance 8,162
for reclamation, and the geographic distribution of project areas 8,163
to ensure fair distribution among affected areas. 8,164
The council shall give priority to areas where there is 8,166
little or no likelihood of mining within the foreseeable future, 8,169
reclamation is feasible at reasonable cost with available funds, 8,170
and either of the following applies:
(A) The pollution of the waters of the state and damage to 8,172
adjacent property are most severe and widespread; 8,173
(B) Reclamation will make possible public uses for soil, 8,175
187
water, forest, or wildlife conservation or public recreation 8,176
purposes, will facilitate orderly commercial or industrial site 8,177
development, or will facilitate the use or improve the enjoyment 8,178
of nearby public conservation or recreation lands. 8,179
At least two weeks before any meeting of the council on 8,181
unreclaimed strip mined lands at which the chief will submit a 8,182
project proposal, a project area will be selected, or the 8,183
boundaries of a project area will be determined, the chief shall 8,184
mail notice by first class mail to the board of county 8,185
commissioners of the county and the board of township trustees of 8,186
the township in which the proposed project lies and the chief 8,187
executive and the legislative authority of each municipal 8,188
corporation within the proposed project area. The chief also 8,190
shall give reasonable notice to the news media in the county
where the proposed project lies. 8,191
Expenditures from the unreclaimed lands fund for 8,193
reclamation projects may be made only for projects that are 8,194
within the boundaries of project areas approved by the council, 8,195
and expenditures for a particular project may not exceed any 8,196
applicable limits set by the council. Expenditures from the 8,197
unreclaimed lands fund shall be made by the chief, with the 8,198
approval of the director of natural resources. 8,199
The controlling board may transfer excess funds from the 8,201
oil and gas well fund created in section 1509.02 of the Revised 8,202
Code, after recommendation by the council on unreclaimed strip 8,204
mined lands, to meet deficiencies in the unreclaimed lands fund. 8,205
The chief may expend an amount not to exceed twenty per 8,207
cent of the moneys credited annually by the treasurer of state to 8,208
the unreclaimed lands fund for the purpose of administering the 8,209
unreclaimed lands fund. 8,210
The chief may engage in cooperative projects under this 8,212
section with any agency of the United States, appropriate state 8,213
agencies, or state universities or colleges as defined in section 8,214
3345.27 of the Revised Code and may transfer money from the fund, 8,216
188
with the approval of the council, to other appropriate state 8,217
agencies or to state universities or colleges in order to carry 8,218
out the reclamation activities authorized by this section.
Sec. 1513.31. For the purpose of promoting local or 8,227
regional economic or community development, the chief of the 8,228
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,229
with the approval of the director of natural resources, may make 8,231
grants of money from the unreclaimed lands special account FUND 8,232
created by section 1513.30 of the Revised Code for the payment by 8,234
the state of up to seventy-five per cent of the reasonable and 8,235
necessary expenses incurred by a political subdivision, community 8,236
improvement corporation incorporated under Chapter 1724. of the 8,237
Revised Code, or other nonprofit corporation incorporated under 8,238
Chapter 1702. of the Revised Code for the reclamation of any 8,239
unreclaimed land affected by mining before April 10, 1972, or 8,240
pursuant to a license issued before April 10, 1972, that is owned 8,241
by the political subdivision or corporation, is to be reclaimed 8,242
for the purpose of commercial or industrial site development by 8,243
the political subdivision or corporation or the development of 8,244
recreational facilities by the political subdivision, and lies 8,245
within the boundaries of a project area approved by the council 8,246
on unreclaimed strip mined lands, in accordance with a plan of 8,248
reclamation approved by the chief.
The owner shall submit an application for a grant on forms 8,250
furnished by the division OF MINERAL RESOURCES MANAGEMENT 8,251
together with detailed plans and topographic maps indicating the 8,253
reclamation improvements to be made, an itemized estimate of the 8,254
project's cost, a description of the project's benefits, and such 8,255
other information as the chief prescribes. The chief may award 8,256
the applicant a grant only after finding that the proposed 8,257
reclamation work will render the unreclaimed land suitable for 8,259
commercial, industrial, or, if the land is owned by a political 8,260
subdivision, recreational site development and will substantially 8,261
reduce or eliminate the damage, if any, to adjacent property that 8,262
189
is or may be caused by the condition of the unreclaimed land. 8,263
The chief shall determine the amount of the grant based 8,265
upon the chief's determination of what constitutes reasonable and 8,267
necessary expenses actually incurred for preparing the plan of 8,268
reclamation; preparing the unreclaimed land for commercial, 8,269
industrial, or, in the case of land owned by a political 8,270
subdivision, recreational site development, including 8,271
backfilling, grading, resoiling, planting, or other work to 8,272
restore the land to a condition suitable for such development; 8,273
and, if the condition of the unreclaimed land so requires, 8,274
establishing vegetative cover or substantially reducing or 8,275
eliminating erosion, sedimentation, landslides, pollution, 8,276
accumulation or discharge of acid water, flooding, or damage to 8,277
adjacent property. The owner may have other improvements made 8,278
concurrently with the reclamation work, but shall not spend any 8,279
part of the grant for such other improvements. No grant shall 8,280
exceed seventy-five per cent of the total amount, as determined 8,281
by the chief, of what constitutes reasonable and necessary 8,282
expenses actually incurred for the reclamation measures listed in 8,283
this section. 8,284
The chief shall enter into a contract for funding with each 8,286
applicant awarded a grant in order to ensure that the moneys 8,287
granted are used for the purposes of this section and that the 8,288
reclamation work is properly done. The final payment under a 8,289
grant may not be made until the chief inspects and approves the 8,290
completed reclamation work. 8,291
Sec. 1513.32. For the purpose of promoting local or 8,300
regional economic or community development, the chief of the 8,301
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,302
with the approval of the director of natural resources, may enter 8,304
into a written agreement, which may be in the form of a contract, 8,305
with a political subdivision, community improvement corporation 8,306
incorporated under Chapter 1724. of the Revised Code, or other 8,307
nonprofit corporation incorporated under Chapter 1702. of the 8,308
190
Revised Code that owns any unreclaimed land affected by mining 8,309
before April 10, 1972, or pursuant to a license issued before 8,310
April 10, 1972, under which the state or its agents may enter 8,311
upon the land to reclaim it at state expense with moneys from the 8,312
unreclaimed lands fund created by section 1513.30 of the Revised 8,313
Code for the purpose of commercial or industrial site development 8,314
if the land is owned by a political subdivision or corporation or 8,315
the development of recreational facilities if the land is owned 8,316
by a political subdivision. The agreement may include provisions 8,317
pertaining to liability for damages and any other provisions 8,318
necessary or desirable to achieve the purposes of this section. 8,319
For the purpose of selecting lands to be reclaimed for 8,321
commercial, industrial, or, if the lands are owned by a political 8,322
subdivision, recreational site development, the chief shall 8,323
consult with the owners of unreclaimed lands and with local 8,324
officials, civic and professional organizations, and interested 8,325
individuals and shall consider the feasibility, cost, and public 8,326
benefits of reclaiming particular lands and the availability of 8,327
federal or other assistance for the reclamation. The chief shall 8,328
select for reclamation under this section only lands that lie 8,329
within the boundaries of a project area approved by the council 8,331
on unreclaimed strip mined lands. 8,332
Before entering into the agreement, the chief shall prepare 8,334
or approve a detailed plan with topographic maps indicating the 8,335
reclamation improvements to be made, an itemized estimate of the 8,336
project's cost, a description of the project's benefits, and such 8,337
other information as the chief considers appropriate. The plan 8,338
shall include only reclamation work that is necessary to render 8,339
the unreclaimed land suitable for commercial, industrial, or, if 8,340
the land is owned by a political subdivision, recreational site 8,341
development and will substantially reduce or eliminate the 8,342
damage, if any, to adjacent property that is or may be caused by 8,343
the condition of the unreclaimed land. The plan may include 8,344
improvements recommended by the owner, but may not include any 8,345
191
improvements that the chief finds are not necessary to prepare 8,346
the unreclaimed land for commercial, industrial, or, if the land 8,347
is owned by a political subdivision, recreational site 8,348
development, or if the condition of the unreclaimed land so 8,349
requires, are not necessary to establish vegetative cover or 8,350
substantially reduce or eliminate erosion, sedimentation, 8,351
landslides, pollution, accumulation or discharge of acid water, 8,352
flooding, or damage to adjacent property. 8,353
With the approval of the director and upon entering into an 8,355
agreement with the owner, the chief may carry out the plan of 8,356
reclamation or any part thereof with the employees or equipment 8,357
of the department, or the chief may carry out the plan or any 8,358
part thereof by contracting therefor in accordance with the 8,360
procedures prescribed in section 1513.27 of the Revised Code. 8,361
The chief shall keep an itemized record of the state's expense in 8,362
carrying out the plan. 8,363
Expenditure of not more than twenty per cent of the moneys 8,365
credited to the unreclaimed lands fund during the preceding 8,366
fiscal year may be approved by the council on unreclaimed strip 8,368
mined lands during a fiscal year for conducting reclamation 8,369
projects under this section and for making grants under section 8,370
1513.31 of the Revised Code, provided that such expenditures are 8,371
primarily for the pollution abatement purposes of section 1513.30 8,372
of the Revised Code. 8,373
Sec. 1513.33. The amount of any grant to a community 8,382
improvement corporation or nonprofit corporation made under 8,383
section 1513.31 of the Revised Code or the state's expenses 8,384
incurred in reclaiming unreclaimed land owned by a community 8,385
improvement corporation or nonprofit corporation under section 8,386
1513.32 of the Revised Code shall constitute a loan by the state 8,387
to the corporation. Entry into a grant contract under section 8,388
1513.31 of the Revised Code or into a reclamation agreement under 8,389
section 1513.32 of the Revised Code by the chief of the division 8,390
of mines and reclamation MINERAL RESOURCES MANAGEMENT constitutes 8,392
192
the designation of the community improvement corporation or 8,394
nonprofit corporation as the state's agent for the commercial or 8,395
industrial development of the land named in the contract or 8,396
agreement.
Each grant contract under section 1513.31 of the Revised 8,398
Code or reclamation agreement under section 1513.32 of the 8,399
Revised Code shall include terms for repayment of the grant or 8,400
reimbursement of the state for its reclamation expenses, which 8,401
shall require repayment of the loan in full upon the first sale, 8,402
lease, or rental of the land reclaimed under the contract or 8,403
agreement if the entire parcel of reclaimed land is sold, leased, 8,404
or rented. If the corporation establishes a business enterprise 8,405
on the entire parcel of reclaimed land, the contract shall 8,406
require repayment of the loan in full upon the commencement of 8,407
operation of the business enterprise. If the reclaimed land is 8,408
sold, leased, or rented in portions or the corporation 8,409
establishes a business enterprise on any portion of the reclaimed 8,410
land, the contract or agreement shall require repayment of that 8,411
portion of the loan that corresponds to the portion of the 8,412
reclaimed land sold, leased, or rented upon the first sale, 8,413
lease, or rental of that portion, or upon commencement of 8,414
operation of the business enterprise on that portion, by the 8,415
corporation in the proportion that the acreage of the reclaimed 8,416
land sold, leased, rented, or used in business by the corporation 8,417
bears to the total acreage of land reclaimed under the contract 8,418
or agreement. 8,419
To secure repayment of the moneys granted under section 8,421
1513.31 of the Revised Code or of the state's reclamation 8,422
expenses under section 1513.32 of the Revised Code to or on 8,423
behalf of a community improvement corporation or nonprofit 8,424
corporation, the state shall have a lien on the land owned by the 8,425
corporation that is land reclaimed under section 1513.31 or 8,426
1513.32 of the Revised Code equal to the amount of the grant made 8,427
under section 1513.31 of the Revised Code or to the state's 8,428
193
expenses incurred in reclaiming the land under section 1513.32 of 8,429
the Revised Code. Within thirty days after the final grant 8,430
payment is made under section 1513.31 of the Revised Code or 8,431
after the completion of the reclamation work under section 8,432
1513.32 of the Revised Code, the chief shall cause to be recorded 8,433
in the office of the county recorder of the county in which the 8,434
reclaimed land is located a statement that shall contain an 8,435
itemized accounting of the grant paid under section 1513.31 of 8,436
the Revised Code or an itemized record of the state's expenses 8,437
incurred in reclaiming the land under section 1513.32 of the 8,438
Revised Code. The statement shall constitute a notice of lien 8,439
and operate as of the date of delivery as a lien on the land 8,440
reclaimed in the amount of the grant moneys paid out or the 8,441
reclamation expenses incurred by the state and shall have 8,442
priority as a lien second only to the lien of real property taxes 8,443
imposed upon the land. The notice of lien and the lien shall not 8,445
be valid as against any mortgagee, pledgee, purchaser, or 8,446
judgment creditor whose rights have attached prior to the date of 8,447
filing of the statement by the chief or to any prior or 8,448
subsequent lien for real property taxes imposed pursuant to 8,449
section 5719.04 of the Revised Code.
The county recorder shall record and index the chief's 8,451
statement, under the name of the state and the corporation, in 8,452
the records of mechanic's liens maintained by the recorder's 8,453
office. The county recorder shall impose no charge for the 8,454
recording or indexing of the statement. If the land is 8,455
registered, the county recorder shall make a notation and enter a 8,457
memorial of the lien upon the page of the register in which the 8,458
last certificate of title to the land is registered, stating the 8,459
name of the claimant, amount claimed, volume and page of the 8,460
record where recorded, and exact time the memorial was entered. 8,461
The lien shall continue in force so long as any portion of 8,463
the amount granted under section 1513.31 of the Revised Code or 8,464
the state's reclamation expenses incurred under section 1513.32 8,465
194
of the Revised Code remains unpaid. Upon repayment in full of 8,466
those moneys or expenses, the chief promptly shall issue a 8,467
certificate of release of the lien. Upon presentation of the 8,468
certificate of release, the county recorder of the county where 8,469
the lien is recorded shall record the lien as having been 8,470
discharged.
A lien imposed under this section shall be foreclosed upon 8,472
the substantial failure of a corporation to repay any portion of 8,473
the amount granted under section 1513.31 of the Revised Code or 8,474
the state's reclamation expenses incurred under section 1513.32 8,475
of the Revised Code in accordance with the terms of the grant 8,476
contract or reclamation agreement. Before foreclosing any lien 8,477
under this section, the chief shall make a written demand upon 8,478
the corporation to comply with the repayment terms of the 8,479
contract or agreement. If the corporation does not pay the 8,480
amount due within sixty days, the chief shall refer the matter to 8,481
the attorney general, who shall institute a civil action to 8,482
foreclose the lien of the state. 8,483
All moneys collected from loan repayments and lien 8,485
foreclosures under this section shall be credited to the 8,486
unreclaimed lands fund created by section 1513.30 of the Revised 8,487
Code. 8,488
Sec. 1513.34. The chief of the division of mines and 8,497
reclamation MINERAL RESOURCES MANAGEMENT shall provide education 8,499
and training for inspection officers MINERAL RESOURCES 8,500
INSPECTORS, district supervisors, and enforcement personnel. The 8,501
chief shall provide adequate training and education as necessary 8,502
for all persons appointed as inspection officers MINERAL 8,503
RESOURCES INSPECTORS during their provisional status. The chief 8,504
shall provide, on a regular basis as funding allows, continuing 8,505
education and training as necessary for all inspection officers 8,506
MINERAL RESOURCES INSPECTORS, district supervisors, and 8,507
enforcement personnel.
Sec. 1513.35. (A) In addition to the other requirements 8,516
195
of Chapter 1513. of the Revised Code THIS CHAPTER, each permit 8,517
issued by the chief of the division of mines and reclamation 8,519
MINERAL RESOURCES MANAGEMENT under section 1513.07 of the Revised 8,521
Code for underground coal mining shall require the operator to: 8,522
(1) Implement measures consistent with known technology in 8,524
order to prevent subsidence from causing material damage to the 8,525
extent technologically and economically feasible, maximize mine 8,526
stability, and maintain the value and reasonably foreseeable use 8,527
of such surface lands, except in those instances where the mining 8,528
technology used requires planned subsidence in a predictable and 8,529
controlled manner. This section does not prohibit the standard 8,530
method of room and pillar mining. 8,531
(2) Seal all portals, entryways, drifts, shafts, or other 8,533
openings between the surface and underground mine workings when 8,534
no longer needed for mining operations; 8,535
(3) Fill or seal exploratory holes no longer necessary for 8,537
mining, maximizing to the extent technologically and economically 8,538
feasible the return of mining and processing waste, tailings, and 8,539
any other waste incident to the mining operation, to the mine 8,540
workings or excavations; 8,541
(4) With respect to the surface disposal of mine wastes, 8,543
tailings, coal processing wastes, and other wastes in areas other 8,544
than the mine workings or excavations, stabilize all surface 8,545
waste piles created by the operator from current operations 8,546
through construction in compacted layers, including the use of 8,547
noncombustible and impervious materials if necessary, and ensure 8,548
that the leachate will not degrade below water quality standards 8,549
established pursuant to applicable federal and state law surface 8,550
or ground waters, that the final contour of the waste pile will 8,551
be compatible with natural surroundings, and that the site is 8,552
stabilized and revegetated according to this section; 8,553
(5) Design, locate, construct, operate, maintain, enlarge, 8,555
modify, and remove or abandon, in accordance with rules adopted 8,556
by the chief, all existing and new coal mine waste piles 8,557
196
consisting of mine wastes, tailings, coal processing wastes, or 8,558
other liquid and solid wastes and used either temporarily or 8,559
permanently as dams or embankments; 8,560
(6) Establish on regraded areas and all other lands 8,562
affected, a diverse and permanent vegetative cover capable of 8,563
self-regeneration and plant succession and at least equal in 8,564
extent of cover to the natural vegetation of the area; 8,565
(7) Protect offsite areas from damage that may result from 8,567
such mining operations; 8,568
(8) Eliminate fire hazards and conditions that may 8,570
constitute a hazard to the health and safety of the public; 8,571
(9) Minimize the disturbances of the prevailing hydrologic 8,573
balance at the minesite and in associated offsite areas and to 8,574
the quantity of water in surface and ground water systems both 8,575
during and after coal mining operations and during reclamation 8,576
by: 8,577
(a) Avoiding acid or other toxic mine drainage by such 8,579
measures as, but not limited to: 8,580
(i) Preventing or removing water from contact with toxic 8,582
producing deposits; 8,583
(ii) Treating drainage to reduce toxic content that 8,585
adversely affects downstream water upon being released to water 8,586
courses; 8,587
(iii) Casing, sealing, or otherwise managing boreholes, 8,589
shafts, and wells to keep acid or other toxic drainage from 8,590
entering ground and surface waters. 8,591
(b) Conducting coal mining operations so as to prevent, to 8,593
the extent possible using the best technology currently 8,594
available, additional contributions of suspended solids to 8,595
streamflow or runoff outside the permit area, but in no event 8,596
shall such contributions be in excess of requirements set by 8,597
applicable state or federal law, and avoiding channel deepening 8,598
or enlargement in operations requiring the discharge of water 8,599
from mines. 8,600
197
(10) With respect to other surface impacts not specified 8,602
in this division, including the construction of new roads or in 8,603
improvement or use of existing roads for hauling or to gain 8,604
access to the site, repair areas, storage areas, processing 8,605
areas, shipping areas, or other areas upon which are sited 8,606
structures, facilities, or other property or materials on the 8,607
surface, resulting from or incident to such activities, operate 8,608
in accordance with the standards established under section 8,609
1513.16 of the Revised Code for such effects that result from 8,610
coal mining operations. The chief shall make such modifications 8,611
in the requirements imposed by this division as are necessary to 8,612
accommodate the difference between strip and underground coal 8,613
mining. 8,614
(11) Minimize disturbances and adverse impacts of the 8,616
operation on wildlife, fish, and related environmental values, 8,617
and achieve enhancement of such resources where practicable, to 8,618
the extent possible using the best currently available 8,619
technology; 8,620
(12) Locate openings for all new drift mines working 8,622
acid-producing or iron-producing coal seams in such a manner so 8,623
as to prevent a gravity discharge of water from the mine in 8,624
accordance with rules adopted by the chief. 8,625
(B) In order to protect the stability of the land, the 8,627
chief shall suspend underground coal mining under urbanized 8,628
areas, municipal corporations, or unincorporated communities or 8,629
adjacent to industrial or commercial buildings, major 8,630
impoundments, or permanent streams, if he THE CHIEF finds 8,631
imminent danger to inhabitants of the urbanized areas, municipal 8,632
corporations, and unincorporated communities. 8,633
(C) The provisions of Chapter 1513. of the Revised Code 8,635
shall be THIS CHAPTER IS applicable to surface operations and 8,636
surface impacts incident to an underground coal mine with 8,638
modifications as are necessary to accommodate the difference 8,639
between surface coal mining and underground coal mining. The 8,640
198
chief shall adopt the modifications by rule in accordance with 8,641
section 1513.02 and Chapter 119. of the Revised Code. 8,642
Sec. 1513.36. In order to encourage advances in mining and 8,651
reclamation practices or to allow post-mining land use for 8,652
industrial, commercial, residential, agricultural, or public use, 8,653
including recreational facilities, the chief of the division of 8,654
mines and reclamation MINERAL RESOURCES MANAGEMENT, with approval 8,655
by the secretary of the United States department of the interior, 8,657
may authorize departures in individual cases on an experimental 8,658
basis from the environmental performance standards set forth in 8,659
this chapter. Such departures may be authorized if: 8,660
(A) The experimental practices are potentially more or at 8,662
least as environmentally protective, during and after mining 8,663
operations, as those required under Chapter 1513. of the Revised 8,664
Code THIS CHAPTER and rules adopted thereunder; 8,665
(B) The mining operations approved for particular land use 8,667
or other purposes are not larger or more numerous than necessary 8,668
to determine the effectiveness and economic feasibility of the 8,669
experimental practice; 8,670
(C) The experimental practices do not reduce the 8,672
protection afforded public health and safety below that provided 8,673
under Chapter 1513. of the Revised Code THIS CHAPTER and rules 8,674
adopted thereunder. 8,676
Sec. 1513.37. (A) There is hereby created in the state 8,685
treasury the abandoned mine reclamation fund, which shall be 8,686
administered by the chief of the division of mines and 8,687
reclamation MINERAL RESOURCES MANAGEMENT. The fund shall consist 8,689
of grants from the secretary of the interior from the federal 8,690
abandoned mine reclamation fund established by Title IV of the 8,692
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 8,693
445, 30 U.S.C.A. 1201, regulations adopted under it, and 8,694
amendments to the act and regulations. Expenditures from the 8,696
abandoned mine reclamation fund shall be made by the chief for 8,697
the following purposes:
199
(1) Reclamation and restoration of land and water 8,699
resources adversely affected by past coal mining, including, but 8,700
not limited to, reclamation and restoration of abandoned strip 8,701
mine areas, abandoned coal processing areas, and abandoned coal 8,702
refuse disposal areas; sealing and filling of abandoned deep mine 8,703
entries and voids; planting of land adversely affected by past 8,704
coal mining; prevention of erosion and sedimentation; prevention, 8,705
abatement, treatment, and control of water pollution created by 8,706
coal mine drainage, including restoration of streambeds and 8,707
construction and operation of water treatment plants; prevention, 8,708
abatement, and control of burning coal refuse disposal areas and 8,709
burning coal in situ; and prevention, abatement, and control of 8,710
coal mine subsidence; 8,711
(2) Acquisition and filling of voids and sealing of 8,713
tunnels, shafts, and entryways of noncoal lands; 8,714
(3) Acquisition of land as provided for in this section; 8,716
(4) Administrative expenses incurred in accomplishing the 8,718
purposes of this section; 8,719
(5) All other necessary expenses to accomplish the 8,721
purposes of this section. 8,722
(B) Expenditures of moneys from the fund on land and water 8,724
eligible pursuant to division (C) of this section shall reflect 8,725
the following priorities in the order stated: 8,726
(1) The protection of public health, safety, general 8,728
welfare, and property from extreme danger of adverse effects of 8,729
coal mining practices; 8,730
(2) The protection of public health, safety, and general 8,732
welfare from adverse effects of coal mining practices; 8,733
(3) The restoration of land and water resources and the 8,735
environment previously degraded by adverse effects of coal mining 8,736
practices, including measures for the conservation and 8,737
development of soil and water (excluding channelization), 8,738
woodland, fish and wildlife, recreation resources, and 8,739
agricultural productivity; 8,740
200
(4) Research and demonstration projects relating to the 8,742
development of coal mining reclamation and water quality control 8,743
program methods and techniques; 8,744
(5) The protection, repair, replacement, construction, or 8,746
enhancement of public facilities such as utilities, roads, 8,747
recreation facilities, and conservation facilities adversely 8,748
affected by coal mining practices; 8,749
(6) The development of publicly owned land adversely 8,751
affected by coal mining practices, including land acquired as 8,752
provided in this section for recreation and historic purposes, 8,753
conservation and reclamation purposes, and open space benefits. 8,754
(C)(1) Lands and water eligible for reclamation or 8,756
drainage abatement expenditures under this section are those that 8,757
were mined for coal or were affected by such mining, wastebanks, 8,758
coal processing, or other coal mining processes and that meet one 8,759
of the following criteria: 8,760
(a) Are lands that were abandoned or left in an inadequate 8,763
reclamation status prior to August 3, 1977, and for which there 8,764
is no continuing reclamation responsibility under state or 8,765
federal laws;
(b) Are lands for which the chief finds that surface coal 8,767
mining operations occurred at any time between August 4, 1977, 8,768
and August 16, 1982, and that any moneys for reclamation or 8,769
abatement that are available pursuant to a bond or other form of 8,770
financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site; 8,771
(c) Are lands for which the chief finds that surface coal 8,773
mining operations occurred at any time between August 4, 1977, 8,774
and November 5, 1990, that the surety of the mining operator 8,775
became insolvent during that time, and that, as of November 5, 8,776
1990, any moneys immediately available from proceedings relating 8,777
to that insolvency or from any financial guarantee or other 8,778
source are not sufficient to provide for adequate reclamation or 8,779
abatement at the site.
201
(2) In determining which sites to reclaim pursuant to 8,781
divisions (C)(1)(b) and (c) of this section, the chief shall 8,782
follow the priorities stated in divisions (B)(1) and (2) of this 8,783
section and shall ensure that priority is given to those sites 8,784
that are in the immediate vicinity of a residential area or that
have an adverse economic impact on a local community. 8,785
(3) Surface coal mining operations on lands eligible for 8,787
remining shall not affect the eligibility of those lands for 8,788
reclamation and restoration under this section after the release 8,789
of the bond for any such operation as provided under division (F) 8,790
of section 1513.16 of the Revised Code. If the bond for a
surface coal mining operation on lands eligible for remining is 8,791
forfeited, moneys available under this section may be used if the 8,792
amount of the bond is not sufficient to provide for adequate 8,793
reclamation or abatement, except that if conditions warrant, the 8,794
chief immediately shall exercise the authority granted under 8,795
division (L) of this section.
(D) The chief may submit to the secretary of the interior 8,797
a state reclamation plan and annual projects to carry out the 8,798
purposes of this section. 8,799
(1) The reclamation plan generally shall identify the 8,801
areas to be reclaimed, the purposes for which the reclamation is 8,802
proposed, the relationship of the lands to be reclaimed and the 8,803
proposed reclamation to surrounding areas, the specific criteria 8,804
for ranking and identifying projects to be funded, and the legal 8,805
authority and programmatic capability to perform the work in 8,807
accordance with this section. 8,808
(2) On an annual basis, the chief may submit to the 8,810
secretary an application for support of the abandoned mine 8,811
reclamation fund and implementation of specific reclamation 8,812
projects. The annual requests shall include such information as 8,813
may be requested by the secretary. 8,814
Before submitting an annual application to the secretary, 8,816
the chief first shall submit it to the council on unreclaimed 8,818
202
strip mined lands for review and approval by the council. The 8,819
chief shall not submit such an application to the secretary until 8,821
it has been approved by the council. The chief shall submit 8,822
applications for administrative costs, imminent hazards, or 8,823
emergency projects to the council for review. 8,824
(3) The costs for each proposed project under this section 8,826
shall include actual construction costs, actual operation and 8,827
maintenance costs of permanent facilities, planning and 8,828
engineering costs, construction inspection costs, and other 8,829
necessary administrative expenses. 8,830
(4) Before making any expenditure of funds from the fund 8,832
to implement any specific reclamation project under this section, 8,833
the chief first shall submit to the council a project proposal 8,835
and any other pertinent information regarding the project 8,836
requested by the council for review and approval of the specific 8,837
project by the council. 8,839
(5) The chief may submit annual and other reports required 8,842
by the secretary when funds are provided by the secretary under 8,843
Title IV of the "Surface Mining Control and Reclamation Act of 8,844
1977," 91 Stat. 445, 30 U.S.C.A. 1201, regulations adopted under 8,845
it, and amendments to the act and regulations. 8,846
(E)(1) There is hereby created in the state treasury the 8,848
acid mine drainage abatement and treatment fund, which shall be 8,849
administered by the chief. The fund shall consist of grants from 8,850
the secretary of the interior from the federal abandoned mine 8,851
reclamation fund pursuant to section 402(g)(6) of Title IV of the 8,853
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 8,854
445, 30 U.S.C.A. 1201. All investment earnings of the fund shall 8,855
be credited to the fund.
(2) The chief shall make expenditures from the fund, in 8,857
consultation with the United States department of agriculture, 8,859
soil conservation service, to implement acid mine drainage 8,860
abatement and treatment plans approved by the secretary. The 8,861
plans shall provide for the comprehensive abatement of the causes 8,863
203
and treatment of the effects of acid mine drainage within 8,864
qualified hydrologic units affected by coal mining practices and 8,865
shall include at least all of the following:
(a) An identification of the qualified hydrologic unit. 8,867
As used in division (E) of this section, "qualified hydrologic 8,869
unit" means a hydrologic unit that meets all of the following 8,870
criteria:
(i) The water quality in the unit has been significantly 8,872
affected by acid mine drainage from coal mining practices in a 8,874
manner that has an adverse impact on biological resources;. 8,875
(ii) The unit contains lands and waters that meet the 8,877
eligibility requirements established under division (C) of this 8,878
section and any of the priorities established in divisions (B)(1) 8,879
to (3) of this section;. 8,880
(iii) The unit contains lands and waters that are proposed 8,882
to be the subject of expenditures from the reclamation forfeiture 8,884
fund created in section 1513.18 of the Revised Code, the 8,885
reclamation supplemental forfeiture fund created in that section, 8,886
or the unreclaimed lands fund created in section 1513.30 of the 8,887
Revised Code.
(b) The extent to which acid mine drainage is affecting 8,889
the water quality and biological resources within the hydrologic 8,891
unit;
(c) An identification of the sources of acid mine drainage 8,893
within the hydrologic unit; 8,895
(d) An identification of individual projects and the 8,897
measures proposed to be undertaken to abate and treat the causes 8,899
or effects of acid mine drainage within the hydrologic unit; 8,900
(e) The cost of undertaking the proposed abatement and 8,902
treatment measures; 8,903
(f) An identification of existing and proposed sources of 8,905
funding for those measures; 8,907
(g) An analysis of the cost-effectiveness and 8,909
environmental benefits of abatement and treatment measures. 8,911
204
(3) The chief may make grants of moneys from the acid mine 8,914
drainage abatement and treatment fund to watershed groups for 8,915
conducting projects to accomplish the purposes of this section. 8,916
A grant may be made in an amount equal to not more than fifty per 8,917
cent of each of the following:
(a) Reasonable and necessary expenses for the collection 8,920
and analysis of data sufficient to do either or both of the 8,921
following:
(i) Identify a watershed as a qualified hydrologic unit; 8,924
(ii) Monitor the quality of water in a qualified 8,926
hydrologic unit before, during, and at any time after completion 8,927
of the project by the watershed group. 8,928
(b) Engineering design costs and construction costs 8,931
involved in the project, provided that the project is conducted 8,932
in a qualified hydrologic unit and the chief considers the 8,933
project to be a priority.
A watershed group that wishes to obtain a grant under 8,935
division (E)(3) of this section shall submit an application to 8,937
the chief on forms provided by the division of mines and 8,938
reclamation MINERAL RESOURCES MANAGEMENT, together with detailed 8,939
estimates and timetables for accomplishing the stated goals of 8,940
the project and any other information that the chief requires. 8,942
For the purposes of establishing priorities for awarding 8,944
grants under division (E)(3) of this section, the chief shall 8,946
consider each project's feasibility, cost-effectiveness, and 8,947
environmental benefit, together with the availability of matching 8,948
funding, including in-kind services, for the project. 8,949
The chief shall enter into a contract for funding with each 8,952
applicant awarded a grant to ensure that the moneys granted are 8,953
used for the purposes of this section and that the work that the 8,954
project involves is done properly. The contract is not subject 8,955
to division (B) of section 127.16 of the Revised Code. The final 8,957
payment of grant moneys shall not be made until the chief 8,958
inspects and approves the completed project. 8,959
205
The chief shall require each applicant awarded a grant 8,961
under this section who conducts a project involving construction 8,962
work to pay workers at the greater of their regular rate of pay, 8,963
as established by contract, agreement, or prior custom or 8,964
practice, or the average wage rate paid in this state for the 8,965
same or similar work performed in the same or a similar locality 8,966
by private companies doing similar work on similar projects. 8,968
As used in division (E)(3) of this section, "watershed 8,971
group" means a charitable organization as defined in section 8,972
1716.01 of the Revised Code that has been established for the 8,974
purpose of conducting reclamation of land and waters adversely 8,975
affected by coal mining practices and specifically for conducting 8,976
acid mine drainage abatement.
(F)(1) If the chief makes a finding of fact that land or 8,978
water resources have been adversely affected by past coal mining 8,979
practices; the adverse effects are at a stage where, in the 8,980
public interest, action to restore, reclaim, abate, control, or 8,981
prevent the adverse effects should be taken; the owners of the 8,982
land or water resources where entry must be made to restore, 8,983
reclaim, abate, control, or prevent the adverse effects of past 8,984
coal mining practices are not known or are not readily available; 8,985
or the owners will not give permission for the state, political 8,986
subdivisions, or their agents, employees, or contractors to enter 8,987
upon the property to restore, reclaim, abate, control, or prevent 8,988
the adverse effects of past coal mining practices; then, upon 8,989
giving notice by mail to the owners, if known, or, if not known, 8,990
by posting notice upon the premises and advertising once in a 8,991
newspaper of general circulation in the municipal corporation or 8,992
county in which the land lies, the chief or the chief's agents, 8,994
employees, or contractors may enter upon the property adversely 8,995
affected by past coal mining practices and any other property to 8,996
have access to the property to do all things necessary or 8,997
expedient to restore, reclaim, abate, control, or prevent the 8,998
adverse effects. The entry shall be construed as an exercise of 8,999
206
the police power for the protection of the public health, safety, 9,000
and general welfare and shall not be construed as an act of 9,001
condemnation of property nor of trespass on it. The moneys 9,003
expended for the work and the benefits accruing to any such 9,004
premises so entered upon shall be chargeable against the land and 9,005
shall mitigate or offset any claim in or any action brought by 9,006
any owner of any interest in the premises for any alleged damages 9,007
by virtue of the entry, but this provision is not intended to 9,008
create new rights of action or eliminate existing immunities. 9,009
(2) The chief or the chief's authorized representatives 9,011
may enter upon any property for the purpose of conducting studies 9,013
or exploratory work to determine the existence of adverse effects 9,014
of past coal mining practices and to determine the feasibility of 9,015
restoration, reclamation, abatement, control, or prevention of 9,016
such adverse effects. The entry shall be construed as an 9,017
exercise of the police power for the protection of the public 9,018
health, safety, and general welfare and shall not be construed as 9,019
an act of condemnation of property nor trespass on it. 9,020
(3) The chief may acquire any land by purchase, donation, 9,022
or condemnation that is adversely affected by past coal mining 9,023
practices if the chief determines that acquisition of the land is 9,024
necessary to successful reclamation and that all of the following 9,025
apply:
(a) The acquired land, after restoration, reclamation, 9,027
abatement, control, or prevention of the adverse effects of past 9,028
coal mining practices, will serve recreation and historic 9,029
purposes, serve conservation and reclamation purposes, or provide 9,030
open space benefits;. 9,031
(b) Permanent facilities such as a treatment plant or a 9,033
relocated stream channel will be constructed on the land for the 9,034
restoration, reclamation, abatement, control, or prevention of 9,035
the adverse effects of past coal mining practices;. 9,036
(c) Acquisition of coal refuse disposal sites and all coal 9,038
refuse thereon will serve the purposes of this section or that 9,039
207
public ownership is desirable to meet emergency situations and 9,040
prevent recurrences of the adverse effects of past coal mining 9,041
practices. 9,042
(4)(a) Title to all lands acquired pursuant to this 9,044
section shall be in the name of the state. The price paid for 9,045
land acquired under this section shall reflect the market value 9,046
of the land as adversely affected by past coal mining practices. 9,047
(b) The chief may receive grants on a matching basis from 9,049
the secretary of the interior for the purpose of carrying out 9,050
this section. 9,051
(5)(a) Where land acquired pursuant to this section is 9,053
considered to be suitable for industrial, commercial, 9,054
residential, or recreational development, the chief may sell the 9,055
land by public sale under a system of competitive bidding at not 9,056
less than fair market value and under other requirements imposed 9,058
by rule to ensure that the lands are put to proper use consistent 9,059
with local and state land use plans, if any, as determined by the 9,060
chief.
(b) The chief, when requested, and after appropriate 9,062
public notice, shall hold a public meeting in the county, 9,063
counties, or other appropriate political subdivisions of the 9,064
state in which lands acquired pursuant to this section are 9,065
located. The meetings shall be held at a time that shall afford 9,067
local citizens and governments the maximum opportunity to 9,068
participate in the decision concerning the use or disposition of 9,069
the lands after restoration, reclamation, abatement, control, or 9,070
prevention of the adverse effects of past coal mining practices. 9,071
(6) In addition to the authority to acquire land under 9,073
division (F)(3) of this section, the chief may use money in the 9,074
fund to acquire land by purchase, donation, or condemnation, and 9,075
to reclaim and transfer acquired land to a political subdivision, 9,076
or to any person, if the chief determines that it is an integral 9,078
and necessary element of an economically feasible plan for the 9,079
construction or rehabilitation of housing for persons disabled as 9,080
208
the result of employment in the mines or work incidental to that 9,082
employment, persons displaced by acquisition of land pursuant to
this section, persons dislocated as the result of adverse effects 9,083
of coal mining practices that constitute an emergency as provided 9,084
in the "Surface Mining Control and Reclamation Act of 1977," 91 9,085
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons 9,087
dislocated as the result of natural disasters or catastrophic 9,088
failures from any cause. Such activities shall be accomplished 9,089
under such terms and conditions as the chief requires, which may 9,090
include transfers of land with or without monetary consideration, 9,091
except that to the extent that the consideration is below the 9,092
fair market value of the land transferred, no portion of the 9,093
difference between the fair market value and the consideration 9,094
shall accrue as a profit to those persons. No part of the funds 9,095
provided under this section may be used to pay the actual 9,096
construction costs of housing. The chief may carry out the 9,097
purposes of division (F)(6) of this section directly or by making 9,099
grants and commitments for grants and may advance money under 9,100
such terms and conditions as the chief may require to any agency 9,101
or instrumentality of the state or any public body or nonprofit 9,103
organization designated by the chief. 9,104
(G)(1) Within six months after the completion of projects 9,106
to restore, reclaim, abate, control, or prevent adverse effects 9,107
of past coal mining practices on privately owned land, the chief 9,108
shall itemize the moneys so expended and may file a statement of 9,110
the expenditures in the office of the county recorder of the 9,111
county in which the land lies, together with a notarized 9,112
appraisal by an independent appraiser of the value of the land 9,113
before the restoration, reclamation, abatement, control, or 9,114
prevention of adverse effects of past coal mining practices if 9,115
the moneys so expended result in a significant increase in 9,116
property value. The statement shall constitute a lien upon the 9,117
land as of the date of the expenditures of the moneys and shall 9,118
have priority as a lien second only to the lien of real property 9,119
209
taxes imposed upon the land. The lien shall not exceed the 9,120
amount determined by the appraisal to be the increase in the fair 9,121
market value of the land as a result of the restoration, 9,122
reclamation, abatement, control, or prevention of the adverse 9,123
effects of past coal mining practices. No lien shall be filed 9,124
under division (G) of this section against the property of any 9,126
person who owned the surface prior to May 2, 1977, and did not 9,127
consent to, participate in, or exercise control over the mining 9,128
operation that necessitated the reclamation performed.
(2) The landowner may petition, within sixty days after 9,130
the filing of the lien, to determine the increase in the fair 9,131
market value of the land as a result of the restoration, 9,132
reclamation, abatement, control, or prevention of the adverse 9,133
effects of past coal mining practices. The amount reported to be 9,134
the increase in value of the premises shall constitute the amount 9,135
of the lien and shall be recorded with the statement provided in 9,136
this section. Any party aggrieved by the decision may appeal as 9,137
provided by state law. 9,138
(3) The lien provided in division (G) of this section 9,141
shall be recorded and indexed, under the name of the state and 9,142
the landowner, in a lien index in the office of the county 9,143
recorder of the county in which the land lies. The county 9,144
recorder shall impose no charge for the recording or indexing of 9,145
the lien. If the land is registered, the county recorder shall 9,146
make a notation and enter a memorial of the lien upon the page of 9,147
the register in which the last certificate of title to the land 9,148
is registered, stating the name of the claimant, amount claimed, 9,149
volume and page of the record where recorded, and exact time the 9,150
memorial was entered.
(4) The lien shall continue in force so long as any 9,152
portion of the amount of the lien remains unpaid. If the lien 9,153
remains unpaid at the time of conveyance of the land on which the 9,154
lien was placed, the conveyance may be set aside. Upon repayment 9,155
in full of the moneys expended under this section, the chief 9,157
210
promptly shall issue a certificate of release of the lien. Upon 9,158
presentation of the certificate of release, the county recorder 9,159
of the county in which the lien is recorded shall record the lien 9,160
as having been discharged.
(5) A lien imposed under this section shall be foreclosed 9,162
upon the substantial failure of a landowner to pay any portion of 9,163
the amount of the lien. Before foreclosing any lien under this 9,164
section, the chief shall make a written demand upon the landowner 9,165
for payment. If the landowner does not pay the amount due within 9,166
sixty days, the chief shall refer the matter to the attorney 9,167
general, who shall institute a civil action to foreclose the
lien.
(H)(1) The chief may fill voids, seal abandoned tunnels, 9,170
shafts, and entryways, and reclaim surface impacts of underground 9,171
or strip mines that the chief determines could endanger life and 9,173
property, constitute a hazard to the public health and safety, or 9,174
degrade the environment.
(2) In those instances where mine waste piles are being 9,176
reworked for conservation purposes, the incremental costs of 9,177
disposing of the wastes from those operations by filling voids 9,178
and sealing tunnels may be eligible for funding, provided that 9,179
the disposal of these wastes meets the purposes of this section. 9,180
(3) The chief may acquire by purchase, donation, easement, 9,182
or otherwise such interest in land as the chief determines 9,183
necessary to carry out division (H) of this section. 9,185
(I) The chief shall report annually to the secretary of 9,188
the interior on operations under the fund and include 9,189
recommendations as to its future uses. 9,190
(J)(1) The chief may engage in any work and do all things 9,192
necessary or expedient, including the adoption of rules, to 9,193
implement and administer this section. 9,194
(2) The chief may engage in cooperative projects under 9,196
this section with any agency of the United States, any other 9,197
state, or their governmental agencies or with any state 9,198
211
university or college as defined in section 3345.27 of the 9,199
Revised Code. The cooperative projects are not subject to 9,200
division (B) of section 127.16 of the Revised Code.
(3) The chief may request the attorney general to initiate 9,202
in any court of competent jurisdiction an action in equity for an 9,203
injunction to restrain any interference with the exercise of the 9,204
right to enter or to conduct any work provided in this section, 9,205
which remedy is in addition to any other remedy available under 9,206
this section. 9,207
(4) The chief may construct or operate a plant or plants 9,209
for the control and treatment of water pollution resulting from 9,210
mine drainage. The extent of this control and treatment may be 9,211
dependent upon the ultimate use of the water. Division (J)(4) of 9,212
this section does not repeal or supersede any portion of the 9,213
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 9,214
U.S.C.A. 1151, as amended, and no control or treatment under 9,215
division (J)(4) of this section, in any way, shall be less than 9,216
that required by that act. The construction of a plant or plants 9,217
may include major interceptors and other facilities appurtenant 9,218
to the plant. 9,219
(5) The chief may transfer money from the abandoned mine 9,221
reclamation fund and the acid mine drainage abatement and 9,223
treatment fund to other appropriate state agencies or to state 9,224
universities or colleges in order to carry out the reclamation 9,225
activities authorized by this section. 9,226
(K) The chief may contract for any part of work to be 9,228
performed under this section, with or without advertising for 9,229
bids, if the chief determines that a condition exists that could 9,231
reasonably be expected to cause substantial physical harm to 9,232
persons, property, or the environment and to which persons or 9,233
improvements on real property are currently exposed. 9,234
The chief shall require every contractor performing 9,236
reclamation work under this section to pay its workers at the 9,237
greater of their regular rate of pay, as established by contract, 9,238
212
agreement, or prior custom or practice, or the average wage rate 9,239
paid in this state for the same or similar work as determined by 9,240
the chief under section 1513.02 of the Revised Code. 9,241
(L)(1) The chief may contract for the emergency 9,243
restoration, reclamation, abatement, control, or prevention of 9,244
adverse effects of mining practices on eligible lands if the 9,245
chief determines that an emergency exists constituting a danger 9,246
to the public health, safety, or welfare and that no other person 9,247
or agency will act expeditiously to restore, reclaim, abate, 9,248
control, or prevent those adverse effects. The chief may enter 9,249
into a contract for emergency work under division (L) of this 9,250
section without advertising for bids. Any such contract or any 9,251
purchase of materials for emergency work under division (L) of 9,252
this section is not subject to division (B) of section 127.16 of 9,254
the Revised Code.
(2) The chief or the chief's agents, employees, or 9,256
contractors may enter on any land where such an emergency exists, 9,258
and on other land in order to have access to that land, in order 9,259
to restore, reclaim, abate, control, or prevent the adverse 9,260
effects of mining practices and to do all things necessary or
expedient to protect the public health, safety, or welfare. Such 9,261
an entry shall be construed as an exercise of the police power 9,262
and shall not be construed as an act of condemnation of property 9,263
or of trespass. The moneys expended for the work and the 9,264
benefits accruing to any premises so entered upon shall be 9,265
chargeable against the land and shall mitigate or offset any
claim in or any action brought by any owner of any interest in 9,266
the premises for any alleged damages by virtue of the entry. 9,268
This provision is not intended to create new rights of action or 9,269
eliminate existing immunities.
Sec. 1513.39. (A) No person shall discharge, or in any 9,278
other way discriminate against or cause to be fired or 9,279
discriminated against, any employee or any authorized 9,280
representative of employees by reason of the fact that the 9,281
213
employee or representative has filed, instituted, or caused to be 9,282
filed or instituted any proceeding under this chapter or has 9,283
testified or is about to testify in any proceeding resulting from 9,284
the administration or enforcement of this chapter. 9,285
(B) Any employee or representative of employees who 9,287
believes that he THE EMPLOYEE OR REPRESENTATIVE has been fired or 9,289
otherwise discriminated against by any person in violation of
division (A) of this section may, within thirty days after the 9,290
alleged violation occurs, apply to the chief of the division of 9,291
mines and reclamation MINERAL RESOURCES MANAGEMENT for a review 9,293
of the firing or alleged discrimination. A copy of the
application shall be sent to the person or operator who will be 9,294
the respondent. Upon receipt of the application, the chief shall 9,295
cause such investigation to be made as he THE CHIEF considers 9,296
appropriate. The investigation shall provide an opportunity for 9,297
a public hearing at the request of any party to the review to 9,298
enable the parties to present information relating to the alleged 9,299
violation. The parties shall be given written notice of the time 9,300
and place of the hearing at least five days prior to the hearing. 9,301
Any such hearing shall be of record. Upon receiving the report 9,302
of the investigation the chief shall make findings of fact. If 9,303
he THE CHIEF finds that a violation did occur, he THE CHIEF shall 9,304
issue a decision incorporating therein his THE CHIEF'S findings 9,305
and an order requiring the party committing the violation to take 9,306
such affirmative action to abate the violation as the chief 9,308
considers appropriate, including, but not limited to, the 9,309
rehiring or reinstatement of the employee or representative of 9,310
employees to his THE EMPLOYEE'S OR REPRESENTATIVE'S former 9,312
position with compensation. If he THE CHIEF finds that there was 9,313
no violation, he THE CHIEF shall issue a finding to that effect. 9,314
Orders issued by the chief under this division shall be subject
to judicial review in the same manner as orders and decisions of 9,315
the chief are subject to judicial review under this chapter. 9,316
(C) Whenever an order is issued under this section to 9,318
214
abate any violation, at the request of the applicant, a sum equal 9,319
to the aggregate amount of all costs and expenses, including 9,320
attorney's fees, determined to have been necessary and reasonably 9,321
incurred by the applicant for, or in connection with, the 9,322
institution and prosecution of such proceedings, shall be 9,323
assessed against the persons committing the violation and may be 9,324
awarded in accordance with division (E) of section 1513.13 of the 9,325
Revised Code. 9,326
Sec. 1513.40. Whenever a corporate permittee violates a 9,335
condition of a permit issued pursuant to this chapter or fails or 9,336
refuses to comply with any order of the chief of the division of 9,337
mines and reclamation MINERAL RESOURCES MANAGEMENT or his THE 9,338
CHIEF'S representative, any director, officer, or agent of the 9,339
corporation who purposely authorized, ordered, or carried out 9,340
such violation, failure, or refusal shall be subject to the same 9,341
civil penalties, fines, and imprisonment that may be imposed upon 9,342
a person under this chapter.
Sec. 1513.41. When an inspection by the chief of the 9,351
division of mines and reclamation MINERAL RESOURCES MANAGEMENT or 9,352
his THE CHIEF'S representative results from information provided 9,354
by any person, the chief or his THE CHIEF'S representative shall 9,355
notify the person when the inspection is proposed to be carried 9,356
out and the person may accompany the chief or his THE CHIEF'S 9,357
representative during the inspection.
Sec. 1514.02. (A) After the dates the chief of the 9,366
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 9,367
prescribes by rule pursuant to section 1514.08 of the Revised 9,369
Code, but not later than July 1, 1977, nor earlier than July 1, 9,370
1975, no operator shall engage in surface mining or conduct a 9,371
surface mining operation without a permit issued by the chief. 9,372
An application for a permit shall be upon the form that the 9,374
chief prescribes and provides and shall contain all of the 9,375
following:
(1) The name and address of the applicant, of all partners 9,377
215
if the applicant is a partnership, or of all officers and 9,378
directors if the applicant is a corporation, and any other person 9,379
who has a right to control or in fact controls the management of 9,380
the applicant or the selection of officers, directors, or 9,381
managers of the applicant; 9,382
(2) A list of the minerals and coal, if any coal, sought 9,384
to be extracted, an estimate of the annual production rates for 9,385
each mineral and coal, and a description of the land upon which 9,386
the applicant proposes to engage in a surface mining operation, 9,387
which description shall set forth the name of the counties, 9,388
townships, and municipal corporations, if any, in which the land 9,389
is located; the location of its boundaries; and a description of 9,390
the land of sufficient certainty that it may be located and 9,391
distinguished from other lands; 9,392
(3) An estimate of the number of acres of land that will 9,394
comprise the total area of land to be affected and an estimate of 9,395
the number of acres of land to be affected during the first year 9,396
of operation under the permit; 9,397
(4) The name and address of the owner of surface rights in 9,399
the land upon which the applicant proposes to engage in surface 9,400
mining; 9,401
(5) A copy of the deed, lease, or other instrument that 9,403
authorizes entry upon the land by the applicant or the 9,404
applicant's agents if surface rights in the land are not owned by 9,406
the applicant;
(6) A statement of whether any surface mining permits or 9,408
coal mining and reclamation permits are now held by the applicant 9,409
in this state and, if so, the numbers of the permits; 9,410
(7) A statement of whether the applicant, any partner if 9,412
the applicant is a partnership, any officer or director if the 9,413
applicant is a corporation, or any other person who has a right 9,414
to control or in fact controls the management of the applicant or 9,415
the selection of officers, directors, or managers of the 9,416
applicant has ever had a surface mining permit or coal mining and 9,417
216
reclamation permit issued by this or any other state suspended or 9,418
revoked or has ever forfeited a surface mining or coal mining and 9,419
reclamation bond or cash, an irrevocable letter of credit, or a 9,420
security deposited in lieu of a bond; 9,421
(8) A report of the results of test borings that the 9,423
operator has conducted on the area or otherwise has readily 9,424
available, including, to the extent that the information is 9,425
readily available to the operator, the nature and depth of 9,426
overburden and material underlying each mineral or coal deposit, 9,427
and the thickness and extent of each mineral or coal deposit. 9,428
All information relating to test boring results submitted to the 9,429
chief pursuant to this section shall be kept confidential and not 9,430
made a matter of public record, except that the information may 9,432
be disclosed by the chief in any legal action in which the
truthfulness of the information is material. 9,433
(9) A complete plan for mining and reclamation of the area 9,435
to be affected, which shall include a statement of the intended 9,436
future uses of the area and show the approximate sequence in 9,437
which mining and reclamation measures are to occur, the 9,438
approximate intervals following mining during which the 9,439
reclamation of all various parts of the area affected will be 9,440
completed, and the measures the operator will perform to prevent 9,441
damage to adjoining property and to achieve all of the following 9,442
general performance standards for mining and reclamation: 9,443
(a) Prepare the site adequately for its intended future 9,445
uses upon completion of mining; 9,446
(b) Where a plan of zoning or other comprehensive plan has 9,448
been adopted that governs land uses or the construction of public 9,450
improvements and utilities for an area that includes the area 9,451
sought to be mined, ensure that future land uses within the site 9,452
will not conflict with the plan;
(c) Grade, contour, or terrace final slopes, wherever 9,454
needed, sufficient to achieve soil stability and control 9,455
landslides, erosion, and sedimentation. Highwalls will be 9,456
217
permitted if they are compatible with the future uses specified 9,457
in the plan and measures will be taken to ensure public safety. 9,458
Where ponds, impoundments, or other resulting bodies of water are 9,459
intended for recreational use, establish banks and slopes that 9,460
will ensure safe access to those bodies of water. Where such 9,461
bodies of water are not intended for recreation, include measures 9,462
to ensure public safety, but access need not be provided. 9,463
(d) Resoil the area of land affected, wherever needed, 9,465
with topsoil or suitable subsoil, fertilizer, lime, or soil 9,466
amendments, as appropriate, in sufficient quantity and depth to 9,467
raise and maintain a diverse growth of vegetation adequate to 9,468
bind the soil and control soil erosion and sedimentation; 9,469
(e) Establish a diverse vegetative cover of grass and 9,471
legumes or trees, grasses, and legumes capable of 9,472
self-regeneration and plant succession wherever required by the 9,473
plan; 9,474
(f) Remove or bury any metal, lumber, equipment, or other 9,476
refuse resulting from mining, and remove or bury any unwanted or 9,477
useless structures; 9,478
(g) Reestablish boundary, section corner, government, and 9,480
other survey monuments that were removed by the operator; 9,481
(h) During mining and reclamation, ensure that 9,483
contamination, resulting from mining, of underground water 9,484
supplies is prevented. Upon completion of reclamation, ensure 9,485
that any lake or pond located within the site boundaries is free 9,486
of substances resulting from mining in amounts or concentrations 9,487
that are harmful to persons, fish, waterfowl, or other beneficial 9,488
species of aquatic life. 9,489
(i) During mining and reclamation, control drainage so as 9,491
to prevent the causing of flooding, landslides, and flood hazards 9,492
to adjoining lands resulting from the mining operation. Leave 9,493
any ponds in such condition as to avoid their constituting a 9,494
hazard to adjoining lands. 9,495
(j) Ensure that mining and reclamation are carried out in 9,497
218
the sequence and manner set forth in the plan and that 9,498
reclamation measures are performed in a timely manner. All 9,499
reclamation of an area of land affected shall be completed no 9,500
later than three years following the mining of the area unless 9,501
the operator makes a showing satisfactory to the chief that the 9,502
future use of the area requires a longer period for completing 9,503
reclamation. 9,504
(k) During mining, store topsoil or fill in quantities 9,506
sufficient to complete the backfilling, grading, contouring, 9,507
terracing, and resoiling that is specified in the plan. 9,508
Stabilize the slopes of and plant each spoil bank to control soil 9,509
erosion and sedimentation wherever substantial damage to 9,510
adjoining property might occur. 9,511
(l) During mining, promptly remove, store, or cover any 9,513
coal, pyritic shale, or other acid producing materials in a 9,514
manner that will minimize acid drainage and the accumulation of 9,515
acid water; 9,516
(m) During mining, detonate explosives in a manner that 9,518
will prevent damage to adjoining property. 9,519
(10) For any applicant who intends to extract less than 9,521
ten thousand tons of minerals per year and no incidental coal, a 9,522
current tax map, in triplicate and notarized, and the appropriate 9,523
United States geological survey seven and one-half minute 9,524
topographic map. Each copy shall bear the applicant's name and 9,525
shall identify the area of land to be affected corresponding to 9,526
the application. 9,527
(11) For any applicant who intends to extract ten thousand 9,529
tons of minerals or more per year or who intends to extract any 9,530
incidental coal irrespective of the tonnage of minerals intended 9,531
to be mined, a map, in triplicate, on a scale of not more than 9,532
four hundred feet to the inch, or three copies of an enlarged 9,533
United States geological survey topographic map on a scale of not 9,534
more than four hundred feet to the inch. 9,535
The map shall comply with all of the following: 9,537
219
(a) Be prepared and certified by a professional engineer 9,540
or surveyor registered under Chapter 4733. of the Revised Code;
(b) Identify the area of land to be affected corresponding 9,542
to the application; 9,543
(c) Show the probable limits of subjacent and adjacent 9,545
deep, strip, or surface mining operations, whether active, 9,546
inactive, or mined out; 9,547
(d) Show the boundaries of the area of land to be affected 9,549
during the period of the permit and the area of land estimated to 9,550
be affected during the first year of operation, and name the 9,551
surface and mineral owners of record of the area and the owners 9,552
of record of adjoining surface properties; 9,553
(e) Show the names and locations of all streams, creeks, 9,555
or other bodies of water, roads, railroads, utility lines, 9,556
buildings, cemeteries, and oil and gas wells on the area of land 9,557
to be affected and within five hundred feet of the perimeter of 9,558
the area; 9,559
(f) Show the counties, municipal corporations, townships, 9,561
and sections in which the area of land to be affected is located; 9,562
(g) Show the drainage plan on, above, below, and away from 9,564
the area of land to be affected, indicating the directional flow 9,565
of water, constructed drainways, natural waterways used for 9,566
drainage, and the streams or tributaries receiving or to receive 9,567
this discharge; 9,568
(h) Show the location of available test boring holes that 9,570
the operator has conducted on the area of land to be affected or 9,571
otherwise has readily available; 9,572
(i) Show the date on which the map was prepared, the north 9,574
direction and the quadrangle sketch, and the exact location of 9,575
the operation; 9,576
(j) Show the type, kind, location, and references of all 9,578
existing boundary, section corner, government, and other survey 9,579
monuments within the area to be affected and within five hundred 9,580
feet of the perimeter of the area. 9,581
220
The certification of the maps shall read: "I, the 9,583
undersigned, hereby certify that this map is correct, and shows 9,584
to the best of my knowledge and belief all of the information 9,585
required by the surface mining laws of the state." The 9,586
certification shall be signed and attested before a notary 9,587
public. The chief may reject any map as incomplete if its 9,588
accuracy is not so certified and attested. 9,589
(12) A certificate of public liability insurance issued by 9,591
an insurance company authorized to do business in this state or 9,592
obtained pursuant to sections 3905.30 to 3905.35 of the Revised 9,593
Code covering all surface mining operations of the applicant in 9,594
this state and affording bodily injury and property damage 9,595
protection in amounts not less than the following: 9,596
(a) One hundred thousand dollars for all damages because 9,598
of bodily injury sustained by one person as the result of any one 9,599
occurrence, and three hundred thousand dollars for all damages 9,600
because of bodily injury sustained by two or more persons as the 9,601
result of any one occurrence; 9,602
(b) One hundred thousand dollars for all claims arising 9,604
out of damage to property as the result of any one occurrence, 9,605
with an aggregate limit of three hundred thousand dollars for all 9,606
property damage to which the policy applies. 9,607
(B) No permit application or amendment shall be approved 9,609
by the chief if the chief finds that the reclamation described in 9,611
the application will not be performed in full compliance with 9,612
this chapter or that there is not reasonable cause to believe 9,613
that reclamation as required by this chapter will be 9,614
accomplished.
The chief shall issue an order denying an application for 9,616
an operating permit or an amendment if the chief determines that 9,618
the measures set forth in the plan are likely to be inadequate to 9,619
prevent damage to adjoining property or to achieve one or more of 9,620
the performance standards required in division (A)(9) of this 9,621
section. 9,622
221
No permit application or amendment shall be approved to 9,624
surface mine land adjacent to a public road in violation of 9,625
section 1563.11 of the Revised Code. 9,626
To ensure adequate lateral support, no permit application 9,628
or amendment shall be approved to engage in surface mining on 9,629
land that is closer than fifty feet of horizontal distance to any 9,630
adjacent land or waters in which the operator making application 9,631
does not own the surface or mineral rights unless the owners of 9,632
the surface and mineral rights in and under the adjacent land or 9,633
waters consent in writing to surface mining closer than fifty 9,634
feet of horizontal distance. The consent, or a certified copy 9,635
thereof, shall be attached to the application as a part of the 9,636
permanent record of the application for a surface mining permit. 9,637
The chief shall issue an order granting a permit upon the 9,639
chief's approval of an application, as required by this section, 9,640
filing of the performance bond required by section 1514.04 of the 9,642
Revised Code, and payment of a permit fee in the amount of two 9,643
hundred fifty dollars and an acreage fee in the amount of thirty 9,644
dollars multiplied by the number of acres estimated in the 9,645
application that will comprise the area of land to be affected 9,646
within the first year of operation under the permit, but which 9,647
acreage fee shall not exceed one thousand dollars per year. 9,648
The chief may issue an order denying a permit if the chief 9,650
finds that the applicant, any partner if the applicant is a 9,652
partnership, any officer or director if the applicant is a 9,653
corporation, or any other person who has a right to control or in 9,654
fact controls the management of the applicant or the selection of 9,655
officers, directors, or managers of the applicant has 9,656
substantially or materially failed to comply or continues to fail 9,657
to comply with this chapter, which failure may consist of one or 9,658
more violations thereof, a rule adopted thereunder, or an order 9,659
of the chief or failure to perform reclamation as required by 9,660
this chapter. The chief may deny or revoke the permit of any 9,661
person who so violates or fails to comply or who purposely 9,662
222
misrepresents or omits any material fact in the application for 9,663
the permit or an amendment to a permit. 9,664
If the chief denies the permit, the chief shall state the 9,666
reasons for denial in the order denying the permit. 9,668
Each permit shall be issued upon condition that the 9,670
operator will comply with this chapter and perform the measures 9,672
set forth in the operator's plan of mining and reclamation in a 9,674
timely manner and upon the right of the chief, division MINERAL 9,675
RESOURCES inspectors, or other authorized representatives of the 9,676
chief to enter upon the premises of the operator at reasonable 9,677
times for the purposes of determining whether or not there is 9,678
compliance with this chapter. 9,679
(C) If the chief approves the application, the order 9,681
granting the permit shall authorize the person to whom the permit 9,682
is issued to engage as the operator of a surface mining operation 9,683
upon the land described in the permit during a period that shall 9,684
expire ten years after the date of issuance of the permit, or 9,685
upon the date when the chief, after inspection, orders the 9,686
release of any remaining performance bond deposited to assure 9,688
satisfactory performance of the reclamation measures required 9,689
pursuant to this chapter, whichever occurs earlier.
(D) Before an operator engages in a surface mining 9,691
operation on land not described in the operator's permit, but 9,693
that is contiguous to the land described in the operator's 9,694
permit, the operator shall file with the chief an application for 9,696
an amendment to the operator's permit. Before approving an 9,698
amendment, the chief shall require the information, maps, fees, 9,699
and performance bond as required for an original application 9,700
under this section and shall apply the same prohibitions and 9,701
restrictions applicable to land described in an original 9,702
application for a permit. If the chief disapproves the 9,703
amendment, the chief shall state the reasons for disapproval in 9,705
the order disapproving the amendment. Upon the approval of an 9,706
amendment by the chief, the operator shall be authorized to 9,707
223
engage in surface mining on the land described in the operator's 9,708
original permit plus the land described in the amendment until 9,710
the date when the permit expires, or when the chief, after
inspection, orders the release of any remaining performance bond 9,711
deposited to assure satisfactory performance of the reclamation 9,713
measures required pursuant to this chapter, whichever occurs 9,714
earlier.
(E) An operator, at any time and upon application therefor 9,716
and approval by the chief, may amend the plan of mining and 9,717
reclamation filed with the application for a permit in order to 9,718
change the reclamation measures to be performed, modify the 9,719
interval after mining within which reclamation measures will be 9,720
performed, change the sequence in which mining or reclamation 9,721
will occur at specific locations within the area affected, mine 9,722
acreage previously mined or reclaimed, or for any other purpose, 9,723
provided that the plan, as amended, includes measures that the 9,724
chief determines will be adequate to prevent damage to adjoining 9,725
property and to achieve the performance standards set forth in 9,726
division (A)(9) of this section. 9,727
The chief may propose one or more amendments to the plan in 9,729
writing, within ninety days after the fifth anniversary of the 9,730
date of issuance of the permit and upon a finding of any of the 9,731
following conditions after a complete review of the plan and 9,732
inspection of the area of land affected, and the plan shall be so 9,733
amended upon written concurrence in the findings and approval of 9,734
the amendments by the operator: 9,735
(1) An alternate measure, in lieu of one previously 9,737
approved in the plan, will more economically or effectively 9,738
achieve one or more of the performance standards. 9,739
(2) Developments in reclamation technology make an 9,741
alternate measure to achieve one or more of the performance 9,742
standards more economical, feasible, practical, or effective. 9,743
(3) Changes in the use or development of adjoining lands 9,745
require changes in the intended future uses of the area of land 9,746
224
affected in order to prevent damage to adjoining property. 9,747
(F) The chief shall issue an order granting or denying an 9,749
operating permit or amendment to a permit or approving or denying 9,750
an amendment to the operator's plan of mining and reclamation 9,751
within ninety days after the filing of an application therefor. 9,752
If the chief fails to act within that period with respect to a 9,753
surface mining operation that existed prior to the initial date 9,754
by which the chief requires a permit to be obtained, the operator 9,755
may continue the operation until the chief issues an order 9,756
denying a permit for the operation, and if the operator elects to 9,757
appeal the order pursuant to section 1513.13 of the Revised Code, 9,759
until the reclamation commission affirms the order of the chief 9,761
denying the permit, and if the operator elects to appeal the 9,762
order of the commission pursuant to section 1513.14 of the 9,763
Revised Code, until the court of common pleas affirms the order. 9,764
Sec. 1514.021. (A) A permit holder who wishes to continue 9,773
surface mining operations after the expiration date of the 9,774
existing permit or renewal permit shall file with the chief of 9,775
the division of mines and reclamation MINERAL RESOURCES 9,776
MANAGEMENT an application for renewal of a surface mining permit 9,778
or renewal permit at least ninety days before the expiration date 9,779
of the existing permit or renewal permit. The application shall 9,780
be upon the form that the chief prescribes and provides and shall 9,782
be accompanied by the permit fees required under division (B) of 9,783
section 1514.02 of the Revised Code. 9,784
(B) Upon receipt of an application for renewal and the 9,786
permit fee under division (A) of this section, the chief shall 9,787
notify the applicant to submit a map that is a composite of the 9,788
information required to be contained in the most recent annual 9,789
report map under section 1514.03 of the Revised Code and of all 9,790
surface mining and reclamation activities conducted under the 9,791
existing permit or renewal permit; the annual report required 9,792
under section 1514.03 of the Revised Code; and additional maps, 9,794
plans, and revised or updated information that the chief 9,795
225
determines to be necessary for permit renewal. Within sixty days 9,796
after receipt of this notification, the applicant shall submit 9,797
all the required information to the chief. 9,798
(C) Upon receipt of the information required under 9,800
division (B) of this section, the chief may approve the 9,801
application for renewal and issue an order granting a renewal 9,802
permit if the chief finds that both of the following apply: 9,803
(1) The permit holder's operation is in compliance with 9,805
this chapter, rules adopted and orders issued under it, and the 9,806
plan of mining and reclamation under the existing permit or 9,807
renewal permit; 9,808
(2) The permit holder has provided evidence that a 9,810
performance bond filed under section 1514.04 of the Revised Code 9,812
applicable to lands affected under the existing permit or renewal 9,813
permit will remain effective until released under section 1514.05 9,814
of the Revised Code. 9,815
(D) Within sixty days after receiving the information and 9,817
permit fees required under divisions (A) and (B) of this section, 9,818
the chief shall approve the application for renewal and issue an 9,819
order granting a renewal permit, issue an order denying the 9,820
application, or notify the applicant that the time limit for 9,821
issuing such an order has been extended. This extension of time 9,822
shall not exceed sixty days. 9,823
(E) If an applicant for a renewal permit has complied with 9,825
division (A) of this section, the applicant may continue surface 9,826
mining operations under the existing permit or renewal permit 9,827
after its expiration date until the sixty-day period for filing 9,828
the information required by the chief under division (B) of this 9,829
section has expired or until the chief issues an order under 9,830
division (D) of this section denying the renewal permit. 9,831
(F) A permit holder who fails to submit an application and 9,833
required permit fees within the time prescribed by division (A) 9,834
of this section shall cease surface mining operations on the 9,835
expiration date of the existing permit or renewal permit. If 9,836
226
such a permit holder then submits an application for renewal and 9,837
the permit fees otherwise required by division (A) of this 9,838
section on or before the thirtieth day after the expiration date 9,839
of the expired permit or renewal permit and provides the 9,840
information required by the chief under division (B) of this 9,841
section within sixty days after being notified of the information 9,842
required under that division, the permit holder need not submit 9,844
the final map and report required by section 1514.03 of the 9,845
Revised Code until the later of thirty days after the chief 9,846
issues an order denying the application for renewal or thirty 9,847
days after the chief's order is affirmed upon appeal under 9,848
section 1513.13 or 1513.14 of the Revised Code. An applicant 9,849
under this division who fails to provide the information required 9,850
by the chief under division (B) of this section within the 9,851
prescribed time period shall submit the final map and report 9,853
required by section 1514.03 of the Revised Code within thirty 9,854
days after the expiration of that prescribed period. 9,855
(G) If the chief issues an order denying an application 9,857
for renewal of a permit or renewal permit after the expiration 9,858
date of the permit, the permit holder shall cease surface mining 9,859
operations immediately and, within thirty days after the issuance 9,861
of the order, shall submit the final report and map required 9,862
under section 1514.03 of the Revised Code. The chief shall state 9,863
the reasons for denial in the order denying renewal of the 9,864
application. An applicant may appeal the chief's order denying 9,865
the renewal under section 1513.13 of the Revised Code and may 9,866
continue surface mining and reclamation operations under the 9,867
expired permit until the reclamation commission affirms the 9,869
chief's order under that section and, if the applicant elects to 9,872
appeal the order of the commission under section 1513.14 of the 9,874
Revised Code, until the court of appeals affirms the order. 9,875
(H) The approval of an application for renewal under this 9,877
section authorizes the continuation of the existing permit or 9,878
renewal permit for a term of ten years from the expiration date 9,879
227
of the existing permit. 9,880
(I) Any renewal permit is subject to all the requirements 9,882
of this chapter and rules adopted under it. 9,883
Sec. 1514.03. Within thirty days after each anniversary 9,892
date of issuance of a surface mining permit, the operator shall 9,893
file with the chief of the division of mines and reclamation 9,894
MINERAL RESOURCES MANAGEMENT an annual report, on a form 9,896
prescribed and furnished by the chief, that, for the period 9,897
covered by the report, shall state the amount of and identify the 9,898
types of minerals and coal, if any coal, produced and shall state 9,899
the number of acres affected and the number of acres estimated to 9,900
be affected during the next year of operation. An annual report 9,901
is not required to be filed if a final report is filed in lieu 9,902
thereof.
Each annual report shall include a progress map indicating 9,904
the location of areas of land affected during the period of the 9,905
report and the location of the area of land estimated to be 9,906
affected during the next year. The map shall be prepared in 9,907
accordance with division (A)(10) or (11) of section 1514.02 of 9,908
the Revised Code, as appropriate, except that a map prepared in 9,909
accordance with division (A)(11) of that section may be certified 9,911
by the operator or authorized agent of the operator in lieu of 9,912
certification by a professional engineer or surveyor registered 9,914
under Chapter 4733. of the Revised Code. However, the chief may 9,915
require that an annual progress map or a final map be prepared by 9,916
a registered professional engineer or registered surveyor if he 9,917
THE CHIEF has reason to believe that the operator exceeded the 9,919
boundaries of the permit area or, if the operator filed the map 9,920
required under division (A)(10) of section 1514.02 of the Revised 9,921
Code, that the operator extracted ten thousand tons or more of 9,922
minerals during the period covered by the report. 9,923
Each annual report shall be accompanied by a filing fee in 9,925
the amount of two hundred fifty dollars and an acreage fee in the 9,926
amount of thirty dollars multiplied by the number of acres 9,927
228
estimated in the report to be affected during the next year of 9,928
operation under the permit. The acreage fee shall be adjusted by 9,931
subtracting a credit of thirty dollars per excess acre paid for 9,932
the preceding year if the acreage paid for the preceding year
exceeds the acreage actually affected or by adding an additional 9,933
amount of thirty dollars per excess acre affected if the acreage 9,934
actually affected exceeds the acreage paid for the preceding 9,935
year. No acreage fee shall exceed one thousand dollars per year. 9,936
With each annual report the operator shall file a 9,938
performance bond in the amount of five hundred dollars multiplied 9,941
by the number of acres estimated to be affected during the next 9,942
year of operation under the permit for which no performance bond 9,943
previously was filed. The bond shall be adjusted by subtracting 9,945
a credit of five hundred dollars per excess acre for which bond 9,946
was filed for the preceding year if the acreage for which the 9,947
bond was filed for the preceding year exceeds the acreage 9,948
actually affected, or by adding an amount of five hundred dollars 9,949
per excess acre affected if the acreage actually affected exceeds 9,950
the acreage for which bond was filed for the preceding year. 9,951
Within thirty days after the expiration of the surface 9,953
mining permit, or completion or abandonment of the operation, 9,954
whichever occurs earlier, the operator shall submit a final 9,955
report containing the same information required in an annual 9,956
report, but covering the time from the last annual report to the 9,957
expiration of the permit, or completion or abandonment of the 9,958
operation, whichever occurs earlier. 9,959
Each final report shall include a map indicating the 9,961
location of the area of land affected during the period of the 9,962
report and the location of the total area of land affected under 9,963
the permit. The map shall be prepared in accordance with 9,964
division (A)(10) or (11) of section 1514.02 of the Revised Code, 9,965
as appropriate. 9,966
If the final report and certified map, as verified by the 9,968
chief, show that the number of acres affected under the permit is 9,969
229
larger than the number of acres for which the operator has paid 9,970
an acreage fee or filed a performance bond, upon notification by 9,973
the chief, the operator shall pay an additional acreage fee in 9,974
the amount of thirty dollars multiplied by the difference between 9,975
the number of acres affected under the permit and the number of 9,976
acres for which the operator has paid an acreage fee and shall 9,977
file an additional performance bond in the amount of five hundred 9,979
dollars multiplied by the difference between the number of acres 9,980
affected under the permit and the number of acres for which the 9,981
operator has filed bond. 9,982
If the final report and certified map, as verified by the 9,984
chief, show that the number of acres affected under the permit is 9,985
smaller than the number of acres for which the operator has paid 9,986
an acreage fee or filed a performance bond, the chief shall order 9,989
release of the excess acreage fee and the excess bond. However, 9,990
the chief shall retain a performance bond in a minimum amount of 9,992
two thousand dollars irrespective of the number of acres affected 9,993
under the permit. The release of the excess acreage fee shall be 9,994
in an amount equal to thirty dollars multiplied by the difference 9,995
between the number of acres affected under the permit and the 9,996
number of acres for which the operator has paid an acreage fee. 9,997
The release of the excess bond shall be in an amount equal to 9,999
five hundred dollars multiplied by the difference between the 10,000
number of acres affected under the permit and the number of acres 10,001
for which the operator has filed bond. Refunds of excess acreage 10,002
fees shall be paid by the treasurer of state out of the surface 10,003
mining reclamation fee fund, which is hereby created in the state 10,004
treasury. The treasurer of state shall place twenty thousand 10,005
dollars from the fees collected pursuant to sections 1514.02 and 10,006
1514.03 of the Revised Code in that fund and, as required by the 10,008
depletion thereof, place to the credit of the fund an amount 10,009
sufficient to make the total in the fund at the time of each such 10,010
credit twenty thousand dollars. The balance of the 10,011
THE fees collected pursuant to sections THIS SECTION AND 10,014
230
SECTION 1514.02 and 1514.03 of the Revised Code shall be 10,016
deposited with the treasurer of state to the credit of the 10,017
surface mining administration fund created under section 1514.11 10,018
1514.06 of the Revised Code.
If upon inspection the chief finds that any filing fee, 10,020
acreage fee, performance bond, or part thereof is not paid when 10,021
due or is paid on the basis of false or substantially inaccurate 10,022
reports, he THE CHIEF may request the attorney general to recover 10,023
the unpaid amounts that are due the state, and the attorney 10,025
general shall commence appropriate legal proceedings to recover 10,026
the unpaid amounts. 10,027
Sec. 1514.04. Upon receipt of notification from the chief 10,036
of the division of mines and reclamation MINERAL RESOURCES 10,037
MANAGEMENT of his THE CHIEF'S intent to issue an order granting a 10,040
surface mining permit to the applicant, the applicant shall file 10,041
a surety bond, cash, an irrevocable letter of credit, or 10,042
certificates of deposit in the amount of two thousand dollars, or 10,043
five hundred dollars per acre of land to be affected, whichever 10,044
is greater. Upon receipt of notification from the chief of his 10,045
THE CHIEF'S intent to issue an order granting an amendment to a 10,046
surface mining permit, the applicant shall file a surety bond, 10,047
cash, an irrevocable letter of credit, or certificates of deposit 10,048
in the amount of five hundred dollars per acre of land to be 10,050
affected.
In the case of a surface mining permit, the bond shall be 10,052
filed for the number of acres estimated to be affected during the 10,053
first year of operation under the permit. In the case of an 10,054
amendment to a surface mining permit, the bond shall be filed for 10,055
the number of acres estimated to be affected during the balance 10,056
of the period until the next anniversary date of the permit. 10,057
A surety bond filed pursuant to this section and sections 10,059
1514.02 and 1514.03 of the Revised Code shall be upon the form 10,060
that the chief prescribes and provides and shall be signed by the 10,061
operator as principal and by a surety company authorized to 10,062
231
transact business in the state as surety. The bond shall be 10,063
payable to the state and shall be conditioned upon the faithful 10,064
performance by the operator of all things to be done and 10,065
performed by him THE OPERATOR as provided in this chapter and the 10,067
rules and orders of the chief adopted or issued pursuant thereto. 10,068
The operator may deposit with the chief, in lieu of a 10,070
surety bond, cash in an amount equal to the surety bond as 10,071
prescribed in this section, an irrevocable letter of credit or 10,072
negotiable certificates of deposit issued by any bank organized 10,074
or transacting business in this state, or an irrevocable letter
of credit or certificates of deposit issued by any savings and 10,076
loan association as defined in section 1151.01 of the Revised 10,077
Code, having a cash value equal to or greater than the amount of 10,078
the surety bond as prescribed in this section. Cash or 10,079
certificates of deposit shall be deposited upon the same terms as 10,080
the terms upon which surety bonds may be deposited. If one or 10,081
more certificates of deposit are deposited with the chief in lieu 10,082
of surety bond, he THE CHIEF shall require the bank or savings 10,083
and loan association that issued any such certificate to pledge 10,085
securities of a cash value equal to the amount of the 10,086
certificate, or certificates, that is in excess of the amount 10,087
insured by the federal deposit insurance corporation. The 10,088
securities shall be security for the repayment of the certificate 10,089
of deposit.
Immediately upon a deposit of cash, a letter of credit, or 10,091
certificates with the chief, he THE CHIEF shall deliver it to the 10,093
treasurer of state who shall hold it in trust for the purposes 10,095
for which it has been deposited. The treasurer of state shall be 10,096
responsible for the safekeeping of such deposits. An operator 10,097
making a deposit of cash, a letter of credit, or certificates of 10,098
deposit may withdraw and receive from the treasurer of state, on 10,100
the written order of the chief, all or any part of the cash, 10,101
letter of credit, or certificates in the possession of the
treasurer of state, upon depositing with the treasurer of state 10,102
232
cash, an irrevocable letter of credit or negotiable certificates 10,103
of deposit issued by any bank organized or transacting business 10,105
in this state, or an irrevocable letter of credit or certificates 10,106
of deposit issued by any savings and loan association, equal in 10,107
value to the value of the cash, letter of credit, or certificates 10,108
withdrawn. An operator may demand and receive from the treasurer 10,110
of state all interest or other income from any certificates as it 10,111
becomes due. If certificates deposited with and in the 10,112
possession of the treasurer of state mature or are called for 10,113
payment by the issuer thereof, the treasurer of state, at the 10,114
request of the operator who deposited them, shall convert the 10,115
proceeds of the redemption or payment of the certificates into 10,116
such other negotiable certificates of deposit issued by any bank 10,117
organized or transacting business in this state, such other 10,118
certificates of deposit issued by any savings and loan 10,119
association, or cash, as may be designated by the operator. 10,120
Sec. 1514.05. (A) At any time within the period allowed 10,129
an operator by section 1514.02 of the Revised Code to reclaim an 10,130
area of land affected by surface mining, the operator may file a 10,131
request, on a form provided by the chief of the division of mines 10,133
and reclamation MINERAL RESOURCES MANAGEMENT, for inspection of 10,134
the area of land upon which the reclamation, other than any 10,135
required planting, is completed. The request shall include all 10,136
of the following:
(1) The location of the area and number of acres; 10,138
(2) The permit number; 10,140
(3) The amount of performance bond on deposit to ensure 10,142
reclamation of the area; 10,143
(4) A map showing the location of the acres reclaimed, 10,145
prepared and certified in accordance with division (A)(10) or 10,146
(11) of section 1514.02 of the Revised Code, as appropriate. 10,147
The chief shall make an inspection and evaluation of the 10,149
reclamation of the area of land for which the request was 10,150
submitted within ninety days after receipt of the request or, if 10,151
233
the operator fails to complete the reclamation or file the 10,152
request as required, as soon as the chief learns of the default. 10,153
Thereupon, if the chief approves the reclamation other than any 10,154
required planting as meeting the requirements of this chapter, 10,155
rules adopted thereunder, any orders issued during the mining or 10,156
reclamation, and the specifications of the plan for mining and 10,157
reclaiming, he THE CHIEF shall issue an order to the operator and 10,159
the operator's surety releasing them from liability for one-half 10,160
the total amount of their surety bond on deposit to ensure 10,161
reclamation for the area upon which reclamation is completed. If 10,162
the operator has deposited cash, an irrevocable letter of credit, 10,163
or certificates of deposit in lieu of a surety bond to ensure 10,165
reclamation, the chief shall issue an order to the operator 10,166
releasing one-half of the total amount so held and promptly shall 10,167
transmit a certified copy of the order to the treasurer of state. 10,168
Upon presentation of the order to the treasurer of state by the 10,169
operator to whom it was issued, or by the operator's authorized 10,170
agent, the treasurer of state shall deliver to the operator or 10,171
the operator's authorized agent the cash, irrevocable letter of 10,172
credit, or certificates of deposit designated in the order. 10,174
If the chief does not approve the reclamation other than 10,176
any required planting, he THE CHIEF shall notify the operator by 10,177
certified mail. The notice shall be an order stating the reasons 10,179
for unacceptability, ordering further actions to be taken, and 10,180
setting a time limit for compliance. If the operator does not 10,181
comply with the order within the time limit specified, the chief 10,182
may order an extension of time for compliance if he determines 10,183
AFTER DETERMINING that the operator's noncompliance is for good 10,184
cause, resulting from developments partially or wholly beyond the 10,185
operator's control. If the operator complies within the time 10,186
limit or the extension of time granted for compliance, the chief 10,187
shall order release of the performance bond in the same manner as 10,189
in the case of approval of reclamation other than planting by the 10,190
chief, and the treasurer of state shall proceed as in that case. 10,191
234
If the operator does not comply within the time limit and the 10,192
chief does not order an extension, or if the chief orders an 10,193
extension of time and the operator does not comply within the 10,194
extension of time granted for compliance, the chief shall issue 10,195
another order declaring that the operator has failed to reclaim 10,196
and, if the operator's permit has not already expired or been 10,197
revoked, revoking the operator's permit. The chief shall
thereupon proceed under division (C) of this section. 10,198
(B) At any time within the period allowed an operator by 10,200
section 1514.02 of the Revised Code to reclaim an area affected 10,201
by surface mining, the operator may file a request, on a form 10,202
provided by the chief, for inspection of the area of land upon 10,203
which all reclamation, including the successful establishment of 10,204
any required planting, is completed. The request shall include 10,205
all of the following: 10,206
(1) The location of the area and number of acres; 10,208
(2) The permit number; 10,210
(3) The remaining amount of performance bond on deposit to 10,213
ensure reclamation of the area;
(4) The type and date of any required planting of 10,215
vegetative cover and the degree of success of growth; 10,216
(5) A map showing the location of the acres reclaimed, 10,218
prepared and certified in accordance with division (A)(10) or 10,219
(11) of section 1514.02 of the Revised Code, as appropriate. 10,220
The chief shall make an inspection and evaluation of the 10,222
reclamation of the area of land for which the request was 10,223
submitted within ninety days after receipt of the request or, if 10,224
the operator fails to complete the reclamation or file the 10,225
request as required, as soon as the chief learns of the default. 10,226
Thereupon, if the chief finds that the reclamation meets the 10,227
requirements of this chapter, rules adopted thereunder, any 10,228
orders issued during the mining and reclamation, and the 10,229
specifications of the plan for mining and reclaiming and decides 10,230
to release any remaining performance bond on deposit to ensure 10,232
235
reclamation of the area upon which reclamation is completed, 10,233
within ten days of completing his THE inspection and evaluation, 10,234
he THE CHIEF shall order release of the remaining performance 10,236
bond in the same manner as in the case of approval of reclamation 10,237
other than planting, and the treasurer of state shall proceed as 10,238
in that case.
If the chief does not approve the reclamation performed by 10,240
the operator, he THE CHIEF shall notify the operator by certified 10,242
mail within ninety days of the filing of the application for 10,243
inspection or of the date when he THE CHIEF learns of the 10,244
default. The notice shall be an order stating the reasons for 10,246
unacceptability, ordering further actions to be taken, and 10,247
setting a time limit for compliance. If the operator does not 10,248
comply with the order within the time limit specified, the chief 10,249
may order an extension of time for compliance if he determines 10,250
AFTER DETERMINING that the operator's noncompliance is for good 10,252
cause, resulting from developments partially or wholly beyond the 10,253
operator's control. If the operator complies within the time 10,254
limit or the extension of time granted for compliance, the chief 10,255
shall order release of the remaining performance bond in the same 10,256
manner as in the case of approval of reclamation by the chief, 10,257
and the treasurer of state shall proceed as in that case. If the 10,258
operator does not comply within the time limit and the chief does 10,259
not order an extension, or if the chief orders an extension of 10,260
time and the operator does not comply within the extension of 10,261
time granted for compliance, the chief shall make another order 10,262
declaring that the operator has failed to reclaim and, if the 10,263
operator's permit has not already expired or been revoked, 10,264
revoking the operator's permit. The chief then shall proceed 10,265
under division (C) of this section. 10,266
(C) Upon issuing an order under division (A) or (B) of 10,268
this section declaring that the operator has failed to reclaim, 10,269
the chief shall make a finding as to the number and location of 10,270
the acres of land that the operator has failed to reclaim in the 10,272
236
manner required by this chapter. The chief shall order the
release of the performance bond in the amount of five hundred 10,274
dollars per acre for those acres that he THE CHIEF finds to have 10,276
been reclaimed in the manner required by this chapter. The 10,277
release shall be ordered in the same manner as in the case of 10,278
other approval of reclamation by the chief, and the treasurer of 10,279
state shall proceed as in that case. If the operator has on 10,280
deposit cash, an irrevocable letter of credit, or certificates of 10,281
deposit to ensure reclamation of the area of the land affected,
the chief at the same time shall issue an order declaring that 10,282
the remaining cash, irrevocable letter of credit, or certificates 10,284
of deposit is the property of the state and is available for use 10,285
by the chief in performing reclamation of the area and shall 10,286
proceed in accordance with section 1514.06 of the Revised Code. 10,287
If the operator has on deposit a surety bond to ensure 10,289
reclamation of the area of land affected, the chief shall notify 10,290
the surety in writing of the operator's default and shall request 10,291
the surety to perform the surety's obligation and that of the 10,292
operator. The surety, within ten days after receipt of the 10,294
notice, shall notify the chief as to whether it intends to
perform those obligations. 10,295
If the surety chooses to perform, it shall arrange for work 10,297
to begin within thirty days of the day on which it notifies the 10,298
chief of its decision. If the surety completes the work as 10,299
required by this chapter, the chief shall issue an order to the 10,300
surety releasing the surety from liability under the bond in the 10,301
same manner as if the surety were an operator proceeding under 10,302
this section. If, after the surety begins the work, the chief 10,303
determines that the surety is not carrying the work forward with 10,304
reasonable progress, or that it is improperly performing the 10,305
work, or that it has abandoned the work or otherwise failed to 10,306
perform its obligation and that of the operator, the chief shall 10,307
issue an order terminating the right of the surety to perform the 10,308
work and demanding payment of the amount due as required by this 10,309
237
chapter. 10,310
If the surety chooses not to perform and so notifies the 10,312
chief, does not respond to the chief's notice within ten days of 10,313
receipt thereof, or fails to begin work within thirty days of the 10,314
day it timely notifies the chief of its decision to perform its 10,315
obligation and that of the operator, the chief shall issue an 10,316
order terminating the right of the surety to perform the work and 10,317
demanding payment of the amount due, as required by this chapter. 10,318
Upon receipt of an order of the chief demanding payment of 10,320
the amount due, the surety immediately shall deposit with the 10,321
chief cash in the full amount due under the order for deposit 10,322
with the treasurer of state. If the surety fails to make an 10,323
immediate deposit, the chief shall certify it to the attorney 10,324
general for collection. When the chief has issued an order 10,325
terminating the right of the surety and has the cash on deposit, 10,326
the cash is the property of the state and is available for use by 10,328
the chief, who shall proceed in accordance with section 1514.06
of the Revised Code. 10,329
Sec. 1514.06. (A) There is hereby created in the state 10,338
treasury the surface mining reclamation fund. All cash that 10,339
becomes the property of the state pursuant to section 1514.05 of 10,340
the Revised Code shall be deposited in the fund, and expenditures 10,341
from the fund shall be made by the chief of the division of mines 10,343
and reclamation MINERAL RESOURCES MANAGEMENT only for the purpose 10,344
of reclaiming areas of land affected by surface mining operations 10,345
on which an operator has defaulted. 10,346
(B) Expenditures of moneys from the fund, except as 10,348
otherwise provided by this section, shall be made pursuant to 10,349
contracts entered into by the chief with persons who agree to 10,350
furnish all of the materials, equipment, work, and labor, as 10,351
specified and provided in the contracts, for the prices 10,352
stipulated therein. With the approval of the director of natural 10,353
resources, the chief may reclaim the land in the same manner as 10,354
he THE CHIEF required of the operator who defaulted. Each 10,356
238
contract awarded by the chief shall be awarded to the lowest 10,357
responsive and responsible bidder, in accordance with section 10,358
9.312 of the Revised Code, after sealed bids are received, 10,359
opened, and published at the time and place fixed by the chief. 10,360
The chief shall publish notice of the time and place at which 10,361
bids will be received, opened, and published, at least once at 10,362
least ten days before the date of the opening of the bids, in a 10,363
newspaper of general circulation in the county in which the area 10,364
of land to be reclaimed under the contract is located. If, after 10,365
so advertising for bids, no bids are received by the chief at the 10,366
time and place fixed for receiving them, the chief may advertise 10,367
again for bids, or, if he THE CHIEF considers the public interest 10,369
will be best served, he THE CHIEF may enter into a contract for 10,370
the reclamation of the area of land without further advertisement 10,373
for bids. The chief may reject any or all bids received and 10,374
again publish notice of the time and place at which bids for 10,375
contracts will be received, opened, and published. 10,376
(C) With the approval of the director, the chief, without 10,378
advertising for bids, may enter into a contract with the 10,380
landowner, a surface mine operator or coal mine operator mining 10,382
under a current, valid permit issued under this chapter or 10,384
Chapter 1513. of the Revised Code, or a contractor hired by a 10,385
surety to complete reclamation, to carry out reclamation on land 10,386
affected by surface mining operations on which an operator has 10,388
defaulted.
(D) With the approval of the director, the chief may carry 10,390
out all or part of the reclamation work on land affected by 10,392
surface mining operations on which the operator has defaulted 10,394
using the employees and equipment of any division of the 10,396
department of natural resources.
(E) The chief shall require every contractor performing 10,398
reclamation work under this section to pay workers at the greater 10,400
of their regular rate of pay, as established by contract, 10,402
agreement, or prior custom or practice, or the average wage rate 10,403
239
paid in this state for the same or similar work, as determined by 10,404
the chief under section 1513.02 of the Revised Code. 10,405
(F) Each contract entered into by the chief under this 10,407
section shall provide only for the reclamation of land affected 10,409
by the surface mining operation or operations of one operator and 10,410
not reclaimed by the operator as required by this chapter. If 10,411
there is money in the fund derived from the performance bond 10,412
deposited with the chief by one operator to ensure the 10,414
reclamation of two or more areas of land affected by the surface 10,415
mining operation or operations of one operator and not reclaimed 10,416
by him THE OPERATOR as required by this chapter, the chief may 10,418
award a single contract for the reclamation of all such areas of 10,419
land.
(G) The cost of the reclamation work done under this 10,421
section on each area of land affected by surface mining 10,422
operations on which an operator has defaulted shall be paid out 10,423
of the money in the fund derived from the performance bond that 10,425
was deposited with the chief to ensure the reclamation of that 10,426
area of land. If the amount of money is not sufficient to pay 10,427
the cost of doing all of the reclamation work on the area of land 10,428
that the operator should have done, but failed to do, the chief 10,430
may expend from the reclamation supplemental forfeiture fund 10,431
created in section 1513.18 of the Revised Code or the surface 10,432
mining administration fund created in THIS section 1514.11 of the 10,434
Revised Code the amount of money needed to complete reclamation 10,435
to the standards required by this chapter. The operator is 10,436
liable for that expense in addition to any other liabilities 10,437
imposed by law. At the request of the chief, the attorney 10,438
general shall bring an action against the operator for the amount 10,440
of the expenditures from either fund. Moneys so recovered shall 10,442
be deposited in the appropriate fund from which the expenditures 10,444
were made.
(H) If any part of the money in the surface mining 10,446
reclamation fund remains in the fund after the chief has caused 10,448
240
the area of land to be reclaimed and has paid all the reclamation 10,450
costs and expenses, or if any money remains because the area of 10,452
land has been repermitted under this chapter or reclaimed by a 10,453
person other than the chief, the chief may expend the remaining
money to complete other reclamation work performed under this 10,454
section.
Sec. 1514.07. Each order of the chief of the division of 10,463
mines and reclamation MINERAL RESOURCES MANAGEMENT affecting the 10,464
rights, duties, or privileges of an operator or his THE 10,466
OPERATOR'S surety or of an applicant for a permit or an amendment 10,468
to a permit or a plan shall be in writing and contain a finding 10,469
by the chief of the facts upon which the order is based. Notice
of the order shall be given by certified mail to each person 10,471
whose rights, duties, or privileges are affected.
If the chief finds that an operator has violated any 10,473
requirement of this chapter, failed to perform any measure set 10,474
forth in the approved plan of mining and reclamation that is 10,475
necessary to prevent damage to adjoining property or to achieve, 10,476
or has otherwise failed to achieve the performance standards of 10,477
division (A)(9) of section 1514.02 of the Revised Code, or caused 10,478
damage to adjoining property, the chief may issue orders 10,479
directing the operator to cease violation, perform such measures, 10,480
achieve such standards, or prevent or abate off-site damage. The 10,481
order shall identify the operation where the violation occurs, 10,482
the specific requirement violated, measure not performed, 10,483
standard not achieved, or off-site damage caused, and where 10,484
practicable prescribe what action the operator may take to comply 10,485
with the order. The chief shall fix and set forth in the order a 10,486
reasonable date or time by which the operator shall comply, and 10,487
the order shall state that the chief may revoke the operator's 10,488
permit if the order is not complied with by such date or time. 10,489
If upon such date or time the chief finds that the operator has 10,490
not complied with the order, he THE CHIEF may issue an order 10,491
revoking the operator's permit. 10,492
241
Sec. 1514.08. The chief of the division of mines and 10,501
reclamation MINERAL RESOURCES MANAGEMENT may adopt, amend, and 10,502
rescind rules in accordance with Chapter 119. of the Revised Code 10,503
in order to prescribe procedures for submitting applications for 10,505
permits, amendments to permits, and amendments to plans of mining 10,506
and reclamation; filing annual reports and final reports; 10,507
requesting inspection and approval of reclamation; paying permit 10,508
and filing fees; and filing and obtaining the release of 10,509
performance bonds deposited with the state. For the purpose of 10,511
preventing damage to adjoining property or achieving one or more 10,512
of the performance standards established in division (A)(9) of 10,513
section 1514.02 of the Revised Code, the chief may establish 10,514
classes of mining industries, based upon industrial categories, 10,515
combinations of minerals produced, and geological conditions in 10,516
which surface mining operations occur, and may prescribe 10,517
different rules consistent with the performance standards for 10,518
each class. For the purpose of apportioning the workload of the 10,519
division between OF MINERAL RESOURCES MANAGEMENT AMONG the 10,520
quarters of the year, the rules may require that applications for 10,521
permits and annual reports be filed in different quarters of the 10,522
year, depending upon the county in which the operation is 10,523
located.
Sec. 1514.10. No person shall: 10,532
(A) Engage in surface mining without a permit; 10,534
(B) Exceed the limits of a surface mining permit or 10,536
amendment to a permit by mining land contiguous to an area of 10,537
land affected under a permit or amendment, which contiguous land 10,538
is not under permit or amendment;
(C) Purposely misrepresent or omit any material fact in an 10,540
application for a surface mining permit or amendment, an annual 10,541
or final report, or in any hearing or investigation conducted by 10,542
the chief of the division of mines and reclamation MINERAL 10,544
RESOURCES MANAGEMENT or the reclamation commission; 10,545
(D) Fail to perform any measure set forth in the approved 10,547
242
plan of mining and reclamation that is necessary to prevent 10,548
damage to adjoining property or to achieve a performance standard 10,549
in division (A)(9) of section 1514.02 of the Revised Code, or 10,550
violate any other requirement of this chapter, a rule adopted
thereunder, or an order of the chief of reclamation. 10,551
Sec. 1514.11. There is hereby created in the state 10,560
treasury IN ADDITION TO THE PURPOSES AUTHORIZED IN SECTION 10,561
1514.06 OF THE REVISED CODE, THE CHIEF OF THE DIVISION OF MINERAL 10,562
RESOURCES MANAGEMENT MAY USE MONEYS IN the surface mining 10,563
administration fund to be used by the chief of the division of 10,564
mines and reclamation CREATED UNDER THAT SECTION for the 10,565
administration and enforcement of this chapter, for the 10,566
reclamation of land affected by surface mining under a permit 10,568
issued under this chapter that the operator failed to reclaim and 10,569
for which the performance bond filed by the operator is
insufficient to complete the reclamation, and for the reclamation 10,570
of land affected by surface mining that was abandoned and left 10,571
unreclaimed and for which no permit was issued or bond filed 10,572
under this chapter. The chief shall expend not more than five 10,574
hundred thousand dollars from the fund during any fiscal year for 10,575
the reclamation of abandoned surface mines. The FOR PURPOSES OF 10,576
THIS SECTION, THE chief shall expend moneys in the fund in 10,577
accordance with the procedures and requirements established in 10,578
section 1514.06 of the Revised Code for expenditures of moneys 10,579
from the surface mining reclamation fund created in that section 10,580
and may enter into contracts and perform work in accordance with 10,582
that section.
Permit fees and filing fees FEES collected under sections 10,584
1514.02 and 1514.03 of the Revised Code, one-half of the moneys 10,586
collected from the severance taxes levied under divisions (A)(3) 10,587
and (4) of section 5749.02 of the Revised Code, and all of the 10,588
moneys collected from the severance tax levied under division 10,589
(A)(7) of section 5749.02 of the Revised Code shall be credited 10,590
to the fund in accordance with those sections. Notwithstanding 10,591
243
any section of the Revised Code relating to the distribution or 10,592
crediting of fines for violations of the Revised Code, all fines 10,593
imposed under section 1514.99 of the Revised Code shall be 10,594
credited to the fund.
Sec. 1561.01. As used in this chapter and Chapters 1563., 10,603
1565., and 1567. of the Revised Code, and in other sections of 10,604
the Revised Code relating to the mining law, unless other meaning 10,605
is clearly apparent in the language and context: 10,606
(A) "Mine" means an underground or surface excavation or 10,608
development with or without shafts, slopes, drifts, or tunnels 10,609
for the extraction of coal, gypsum, asphalt, rock, or other 10,610
materials containing the same, or for the extraction of natural 10,611
gas or petroleum by means that are substantially similar to the 10,612
underground extraction of coal, gypsum, asphalt, rock, or other 10,613
materials containing the same, with hoisting or haulage equipment 10,614
and appliances for the extraction of such materials; and embraces 10,615
the land or property of the mining plant, the surface, and 10,616
underground, that is used for or contributes to the mining 10,617
properties, or concentration or handling of coal, gypsum, 10,618
asphalt, rock, or other materials containing the same or of 10,619
natural gas or petroleum. 10,620
(B) "Shaft" means a vertical opening through the strata 10,622
which THAT is or may be used for ventilation, drainage, or 10,623
hoisting men WORKERS or material or both in connection with the 10,625
mining of coal or other minerals or materials. 10,627
(C) "Slope" means an incline or opening used for the same 10,629
purpose as a shaft. 10,630
(D) "Drift" means an opening through the strata on which 10,632
opening grades are such to permit the coal or materials to be 10,633
hauled by mules or mechanical traction power, and which opening 10,634
may be used for ventilation, drainage, ingress, egress, and other 10,635
purposes in connection with the mining of coal or other 10,636
materials. 10,637
(E) "Excavations and workings" means the excavated 10,639
244
portions of the mine, those abandoned as well as the places 10,640
actually being worked, underground workings, shafts, tunnels, and 10,641
other ways in the course of being sunk or driven, slopes, 10,642
tunnels, and other openings, and all such shafts, together with 10,643
all roads, appliances, machinery, and material connected with the 10,644
same below the surface. 10,645
(F) "Face" means the advancing breast of any working 10,647
place. 10,648
(G) "Pillar" means a solid block of ore, coal, or other 10,650
material, left unmined to support the overlying strata in a mine. 10,651
(H) "Rock dusting" means to distribute or apply fine rock 10,653
dust on underground surfaces in coal mines to prevent, check, 10,654
control, or extinguish coal dust explosions. 10,655
(I) "Rock dust barriers" means a quantity of dry rock dust 10,657
placed in suitable containers so located in underground coal 10,658
mines that the advanced wave of a coal dust explosion will 10,659
automatically cause the rock dust to be thrown into suspension to 10,660
extinguish or arrest the flames of an explosion. 10,661
(J) "Operator" means any firm, corporation, or individual 10,663
operating any mine or part thereof. 10,664
(K) "Superintendent" means the person who shall have HAS, 10,666
on behalf of the operator, immediate supervision of one or more 10,667
mines. 10,668
(L) "Mine foreman FOREPERSON" means the person whom the 10,670
operator or superintendent places in charge of the inside or 10,672
outside workings of the mine and of the persons employed therein 10,673
or thereat.
(M) "Foreman FOREPERSON" means the person designated to 10,675
assist the mine foreman FOREPERSON in the immediate supervision 10,676
of a portion or the whole of a mine or of the persons employed 10,678
therein.
(N) "Fire boss" means a person whom the mine foreman 10,680
FOREPERSON is required to employ under certain conditions 10,681
designated in this chapter and Chapters 1563., 1565., and 1567. 10,682
245
of the Revised Code, relative to explosive gases when the same 10,683
are found to exist in a mine. 10,684
(O) "Shot firer" means a practical and experienced person 10,686
whose duties shall be ARE to charge, set off, and discharge the 10,687
shots under the direction of the mine foreman FOREPERSON or 10,688
foreman FOREPERSON. 10,689
(P) "Deputy mine inspector" means a person appointed in 10,691
the division of mines and reclamation MINERAL RESOURCES 10,692
MANAGEMENT to inspect mines to see that this chapter and Chapters 10,694
1563., 1565., and 1567. of the Revised Code are complied with. 10,696
(Q) "Permissible or approved" as applied in connection 10,698
with explosive flame safety lamps, electric safety lamps, 10,699
electric machinery, rescue apparatus, and other devices, 10,700
appliances, machinery, and equipment means materials, apparatus, 10,701
devices, appliances, machinery, and equipment officially listed 10,702
by the mine safety and health administration in the United States 10,703
department of labor and approved as having met its requirements 10,704
for the respective specified uses, or equivalent standards 10,705
determined and established by the chief of the division of mines 10,707
and reclamation MINERAL RESOURCES MANAGEMENT.
(R) "Gas" means an inflammable gas, chiefly methane, which 10,709
THAT when mixed in certain proportions with air is explosive. 10,710
(S) "Methane" is a hydrocarbon gas (CH4) frequently 10,712
encountered in coal mines. 10,713
(T) "Explosive mixture of methane and air" is a mixture of 10,715
air and methane which THAT will explode in the presence of a 10,716
flame or hot spark when the methane content is between five and 10,718
fifteen per cent. 10,719
(U) "Electric system" means all apparatus and electric 10,721
circuits receiving electric energy or that may receive electric 10,722
energy from a common source. Where the source of power is under 10,723
control of the mine, such source of power will be considered as a 10,724
part of the electric system. If power is obtained from a central 10,725
station not under control of such mine, "electric system" refers 10,726
246
only to that part of the system which THAT is under control of 10,727
such mine. 10,728
(V) "Electric circuit" means all conductors, including 10,730
ground returns, furnishing energy to or receiving energy from 10,731
electric apparatus. 10,732
(W) "Branch circuit" means all circuits connected to main 10,734
circuits coming from generators or other main sources of supply. 10,735
(X) "Potential" and "voltage" are synonymous and mean 10,737
electrical pressure. 10,738
(Y) "Potential of a circuit or voltage of a circuit, 10,740
machine, or any piece of electrical apparatus" is the potential 10,741
normally existing between the conductors of such circuit or the 10,742
terminals of such machine or apparatus. 10,743
(Z) "Difference of potential" means the difference of 10,745
electrical pressure existing between any two points of an 10,746
electrical system, or between any point of such system and the 10,747
earth, as determined by a voltmeter. 10,748
(AA) A "low LOW voltage supply" means the situation where 10,751
the conditions of the supply of electricity are such that the 10,752
difference in potential between any points of the circuit does 10,753
not exceed four hundred fifty volts. 10,754
(BB) A "high HIGH voltage supply" means the situation 10,756
where the conditions of the supply of electricity are such that 10,758
the difference of potential between any two points in the circuit 10,759
exceeds four hundred fifty volts. 10,760
(CC) "Trailing cable" means an electric power cable 10,762
attached to a mobile machine or unit. 10,763
(DD) "Grounding" means the connecting of any part of an 10,765
electric system with the earth in such a manner that there is no 10,766
difference of potential between such connected part and the 10,767
earth. 10,768
(EE) "Mobile machinery or portable machinery" means 10,770
machinery which THAT moves about under its own power, or is 10,771
carried, pulled, or trammed from place to place. 10,773
247
(FF) "Semipermanent" machinery" means machinery which THAT 10,776
is mounted on a form of truck which THAT permits it to be moved 10,777
readily from place to place, but the function of which is to do 10,778
its work in a semipermanent location. 10,779
(GG) "Permanent" machinery" means machinery which THAT is 10,782
installed on a permanent foundation attached to the ground.
(HH) "Underground station" means any place underground 10,784
where electrical machinery, transformers, or switchboards are 10,785
permanently installed. 10,786
(II) "Electrical inspector" means a person appointed by 10,788
the chief of the division of mines and reclamation to examine 10,789
surface and underground electrical systems and equipment at mines 10,790
for fire, shock, and explosion hazards. 10,791
(JJ) A "well WELL" means any borehole, whether drilled or 10,794
bored, within the state, for the production, extraction, or 10,795
injection of any gas or liquid mineral, excluding only potable 10,796
water to be used as such, but including natural or artificial 10,797
brines and oil field waters. 10,798
(KK) "Prepared clay" means a clay which THAT is plastic 10,800
and is thoroughly saturated with fresh water to a weight and 10,801
consistency great enough to settle through the salt water in the 10,802
well in which it is to be used, except as otherwise approved by 10,803
the chief of the division of mines and reclamation in exceptional 10,804
cases.
(LL) "Rock sediment" means the combined cuttings and 10,806
residue from drilling sedimentary rocks and formations, commonly 10,807
known as sand pumpings. 10,808
(MM) "Accessible travel route" means an unobstructed 10,810
passageway not less than twenty-four inches wide with reflective 10,811
materials at intervals so as to be visible to persons using the 10,812
passageway. 10,813
(NN) "Longwall working face" means a working face in a 10,815
coal mine in which work extracting coal from its natural deposit 10,816
in the earth is performed during a mining cycle by longwall 10,817
248
mining. 10,818
(OO) "Longwall working section" means all areas from and 10,820
including the section transformer to and including the longwall 10,821
working face. 10,822
(PP) "Longwall mining" means a system of mining designed 10,824
for full pillar extraction that minimizes the possibility of 10,825
outburst or squeezes and allows total caving of the main roof in 10,826
the pillar area. 10,827
Sec. 1561.02. The division of mines and reclamation 10,836
MINERAL RESOURCES MANAGEMENT has jurisdiction over all mines and 10,838
quarries located in the state, and shall exercise such
supervision over them and their development and operation as is 10,839
provided by law.
Sec. 1561.03. The chief of the division of mines and 10,849
reclamation MINERAL RESOURCES MANAGEMENT shall enforce and 10,850
supervise the execution of all laws enacted for the health and 10,851
safety of persons and the protection and conservation of property 10,852
within, about, or in connection with mines, mining, and quarries, 10,853
and for such purpose shall adopt, publish, and enforce necessary 10,854
rules not inconsistent with the mining laws of this state. 10,855
Sec. 1561.04. The chief of the division of mines and 10,864
reclamation MINERAL RESOURCES MANAGEMENT shall annually make a 10,866
report to the governor, which shall include:
(A) A summary of the activities and of the reports of the 10,868
deputy mine inspectors; 10,869
(B) A statement of the condition and the operation of the 10,871
mines of the state; 10,872
(C) A statement of the number of accidents in and about 10,874
the mines, the manner in which they occurred, and any other data 10,875
and facts bearing upon the prevention of accidents and the 10,876
preservation of life, health, and property, and any suggestions 10,877
relative to the better preservation of the life, health, and 10,878
property of those engaged in the mining industry. 10,879
The records of the bureau of workers' compensation shall be 10,881
249
available to the chief for information concerning such a report. 10,882
He THE CHIEF shall send by mail to each coal operator in the 10,883
state, to a duly designated representative of the miners at each 10,885
mine, and to such other persons as he THE CHIEF deems proper, a 10,886
copy of such report. He THE CHIEF may have as many copies of 10,887
such report printed as are needed to make the distribution 10,888
thereof as provided in this section. 10,889
The chief shall also prepare and publish for public 10,891
distribution quarterly reports, including therein information 10,892
relative to the items enumerated in this section that is 10,893
pertinent or available at such times. 10,894
Sec. 1561.05. The laws relating to mines and mining and 10,903
duties and functions of the division of mines and reclamation 10,904
MINERAL RESOURCES MANAGEMENT shall be administered by the chief 10,905
of the division of mines and reclamation MINERAL RESOURCES 10,906
MANAGEMENT, and through and by deputy mine inspectors. If a 10,908
vacancy occurs in the office of a deputy mine inspector, it may 10,909
be filled by the chief, who shall select a qualified person from 10,910
the eligible list certified to him THE CHIEF by the mine
examining board for deputy mine inspectors. 10,912
Sec. 1561.06. The chief of the division of mines and 10,921
reclamation MINERAL RESOURCES MANAGEMENT shall designate the 10,922
townships in which mineable or quarryable coal or other mineral 10,923
is or may be mined or quarried, which townships shall be 10,924
considered coal or mineral bearing townships. He THE CHIEF shall 10,925
divide the coal or other mineral bearing townships into such 10,926
districts as he THE CHIEF deems best for inspection purposes, and 10,927
he THE CHIEF may change such districts whenever, in his THE 10,928
CHIEF'S judgment, the best interests of the service require. 10,929
The chief shall designate as provided in this section as 10,931
coal or mineral bearing townships those townships in which coal 10,932
is being mined or in which coal is found in such thickness as to 10,933
make the mining of such coal or mineral probable at some future 10,934
time, and shall designate such township as a unit. As used in 10,935
250
this chapter and Chapters 1563., 1565., and 1567. of the Revised 10,936
Code, "coal or mineral bearing township" means a township which 10,937
THAT has been so designated by the chief under this section. 10,938
The chief shall also designate the townships in which coal 10,940
is being mined or in which coal is found in such thickness as to 10,941
make the mining of such coal probable at some future time as 10,942
"coal bearing townships" as such term is used in Chapter 1509. of 10,943
the Revised Code. The chief shall certify to the chief of the 10,945
division of oil and gas the townships which he has so designated
as coal bearing townships. 10,946
Sec. 1561.07. The mining laws of this state shall extend 10,955
to and govern the operation af OF clay mines and clay stripping 10,956
pits in so far as such laws are applicable thereto. The chief of 10,958
the division of mines and reclamation MINERAL RESOURCES 10,959
MANAGEMENT shall adopt, publish, and enforce specific rules 10,960
particularly applicable to clay mining operations to safeguard 10,961
life and property in the clay mining industry and to secure safe 10,963
and sanitary working conditions in such clay mines and clay
stripping pits. 10,964
Such rules adopted by the chief shall provide that: 10,966
(A) Distances between break-throughs in clay mines shall 10,968
not exceed one hundred feet, unless permission in special cases 10,969
is granted by the chief, after maps have been filed with him THE 10,970
CHIEF showing the method of working and ventilating the same, if 10,971
such distances would add to increased safety;. 10,972
(B) When, in the opinion of the mine foreman FOREPERSON or 10,974
deputy mine inspector, line brattices or other approved methods 10,976
of circulation are necessary to deliver sufficient air to the 10,977
working face, they shall be provided by the owner, operator, or 10,978
lessee;.
(C) Not more than a two days' supply of explosives shall 10,980
be stored in a clay mine at any one time, and not more than one 10,981
hundred pounds of explosives shall be stored in any one place at 10,982
any one time;.
251
(D) Charges of explosives shall be made up at least one 10,984
hundred feet away from any storage place for explosives;. 10,985
(E) There shall be no less than two persons in each 10,987
working place when shots are being lighted;. 10,988
(F) Misfired shots in clay mines shall be posted on the 10,990
bulletin board or other conspicuous place available for 10,991
examination by the workers when shots are fired by other than the 10,992
loaders;.
(G) The use of electric blasting caps shall be encouraged 10,994
as a safety measure. 10,995
The chief, in assigning deputy mine inspectors, shall 10,997
designate inspectors who have had experience and are especially 10,998
qualified in clay mining operations, to examine and inspect clay 10,999
mining operations and enforce the law relating to such 11,000
operations.
The mine examining board, in conducting examinations and 11,002
issuing certificates for mine foremen FOREPERSONS, shall in its 11,003
rules and regulations provide for the examination of applicants 11,005
for certificates as mine foremen FOREPERSONS in a clay mine or 11,006
clay stripping pits to test the applicant on experience and 11,007
fitness on the problems and duties peculiar to the clay mining 11,008
industry. An applicant for a certificate as a clay mine foreman 11,009
FOREPERSON shall have at least three years' experience in mining 11,011
operations.
Sec. 1561.10. (A) There is hereby created in the division 11,020
of mines and reclamation MINERAL RESOURCES MANAGEMENT the mine 11,022
examining board consisting of five members to be appointed by the 11,024
governor with the advice and consent of the senate. Terms of 11,025
office shall be for three years, commencing on the eleventh day 11,026
of September and ending on the tenth day of September. Each 11,027
member shall hold office from the date of appointment until the 11,028
end of the term for which the member was appointed. Vacancies 11,029
shall be filled by appointment by the governor. Any member 11,031
appointed to fill a vacancy occurring prior to the expiration of 11,032
252
the term for which the member's predecessor was appointed shall 11,034
hold office for the remainder of that term. Any member shall 11,035
continue in office subsequent to the expiration date of the 11,036
member's term until the member's successor takes office, or until 11,037
a period of sixty days has elapsed, whichever occurs first. The 11,038
governor may remove any member of the board for misconduct, 11,039
incompetency, neglect of duty, or any other sufficient cause. 11,040
One of the appointees to the board shall be a person who, 11,044
because of previous vocation, employment, or affiliation, can be 11,045
classed as a representative of the owner, operator, or lessee of 11,046
a coal mine. Prior to making the appointment, the governor shall 11,047
request the major trade association in this state that represents 11,049
owners, operators, or lessees of coal mines to submit to the 11,050
governor the names and qualifications of three nominees. The 11,051
governor shall appoint one of the nominees to the board. Except 11,052
as otherwise provided in this division, the nominees shall have 11,053
not less than five years of practical experience in the coal 11,054
mining industry in positions in which they developed competence 11,055
in the topics of mine health andsafety AND SAFETY. The major 11,056
trade association shall represent a membership that produced a
larger quantity of coal mined in this state than the membership 11,057
of any other trade association in the year prior to the year in 11,058
which the appointment is made. 11,059
One of the appointees shall be a person who, because of 11,061
previous vocation, employment, or affiliation, can be classed as 11,062
a representative of the owner, operator, or lessee of an 11,063
aggregates mine. Prior to making the appointment, the governor 11,064
shall request the major trade association in this state that 11,065
represents owners, operators, or lessees of aggregates mines to 11,066
submit to the governor the names and qualifications of three 11,067
nominees. The governor shall appoint one of the nominees to the 11,068
board. Except as otherwise provided in this division, the 11,069
nominees shall have not less than five years of practical 11,070
experience in the aggregates mining industry in positions in 11,071
253
which they developed competence in the topics of mine health and 11,072
safety. The major trade association shall represent a membership 11,073
that produced a larger quantity of aggregates mined in this state 11,074
than the membership of any other trade association in the year 11,075
prior to the year in which the appointment is made. 11,076
One of the appointees shall be a person who, because of 11,079
previous vocation, employment, or affiliation, can be classed as 11,080
a representative of employees currently engaged in coal mining 11,082
operations. Prior to making the appointment, the governor shall 11,083
request the highest ranking officer in the major employee 11,084
organization representing coal miners in this state to submit to 11,085
the governor the names and qualifications of three nominees. The 11,087
governor shall appoint one of the nominees to the board. Except 11,088
as otherwise provided in this division, the nominees shall have 11,089
not less than five years of practical experience in dealing with 11,090
mine health and safety issues and at the time of the nomination 11,091
shall be employed in positions that involve the protection of the 11,092
health and safety of miners. The major employee organization 11,093
representing coal miners shall represent a membership consisting 11,094
of the largest number of coal miners in this state compared to 11,095
other employee organizations in the year prior to the year in 11,096
which the appointment is made. 11,097
One of the appointees shall be a person who, because of 11,099
previous vocation, employment, or affiliation, can be classed as 11,100
a representative of employees currently engaged in aggregates 11,101
mining operations. Prior to making the appointment, the governor 11,102
shall request the highest ranking officer in the major employee 11,103
organization representing aggregates miners in this state to
submit to the governor the names and qualifications of three 11,104
nominees. The governor shall appoint one of the nominees to the 11,105
board. Except as otherwise provided in this division, the 11,106
nominees shall have not less than five years of practical 11,108
experience in dealing with mine health and safety issues and at 11,109
the time of the nomination shall be employed in positons 11,110
254
POSITIONS that involve the protection of the health and safety of 11,111
miners. The major employee organization representing aggregates 11,112
miners shall represent a membership consisting of the largest 11,113
number of aggregates miners in this state compared to other 11,114
employee organizations in the year prior to the year in which the 11,115
appointment is made.
One of the appointees shall be a person who can be classed 11,118
as a representative of the public. Except as otherwise provided 11,119
in this division, the appointee shall have not less than five 11,120
years of technical, practical experience in either the field of 11,121
mine health and safety or occupational health and safety, or 11,122
both. For a period of three years prior to the appointment, the 11,123
appointee shall not have been employed in the mining industry. 11,124
An appointee who has received a bachelor's degree in mining 11,127
engineering or technology need not have at least five years of 11,128
practical experience as otherwise provided in this division, but 11,129
shall have a total of not less than three years of practical 11,130
experience in the mining industry in a position that provided the 11,132
person with practical knowledge of mine health and safety.
Not more than three of the members of the board shall 11,135
belong to the same political party. The chief of the division of 11,137
mines and reclamation MINERAL RESOURCES MANAGEMENT or the chief's 11,138
designee shall be ex officio secretary to the board. 11,139
(B) The board shall have full power to do both of the 11,141
following: 11,142
(1) Adopt and enforce reasonable rules relative to the 11,145
exercise of its powers and proper rules to govern its proceedings 11,146
and to regulate the manner of appeals; 11,147
(2) Employ experts, advisors, and secretarial, clerical, 11,150
stenographic, and other employees.
(C) Each member of the board shall receive a salary fixed 11,152
pursuant to division (J) of section 124.15 of the Revised Code 11,153
when actually performing official duties, and, in addition to a 11,155
salary, each member shall be reimbursed for all actual and 11,157
255
necessary travel and incidental expenses incurred in carrying out 11,158
official duties. 11,159
(D) The board shall elect from its members a chairperson 11,162
and vice-chairperson. A quorum of the board shall consist of not 11,164
less than three members, and no action at any meeting shall be 11,166
taken unless at least three votes are in accord. The secretary 11,167
of the board shall keep a true and complete record of all the 11,169
proceedings of the board. With the approval of the board, the 11,170
secretary may employ clerical assistants. The board shall adopt 11,171
all necessary rules and bylaws to govern its times and places of 11,173
meetings, for organization and reorganization, for holding all 11,174
examinations, and for governing all other matters requisite to 11,175
the exercise of its powers, the performance of its duties, and 11,176
the transaction of its business under this chapter and Chapters 11,177
1509., 1563., 1565., and 1567. of the Revised Code. The board
shall adopt and have an official seal. 11,178
(E) Each member of the board shall complete the annual 11,181
refresher training required for miners under 30 C.F.R. 48.8 11,183
(1997). In addition to the annual refresher training, each
member shall complete twenty-four hours of continuing education 11,184
during each member's three-year term of office on the topics of 11,185
mining technology and laws governing mining health and safety. 11,187
Sec. 1561.13. The mine examining board shall conduct 11,196
examinations for offices and positions in the division of mines 11,197
MINERAL RESOURCES MANAGEMENT, and for mine foremen FOREPERSONS, 11,199
mine electricians, shot firers, surface mine blasters, and fire 11,200
bosses, as follows:
(A) Division of mines and reclamation MINERAL RESOURCES 11,202
MANAGEMENT: 11,203
(1) Deputy mine inspectors of underground mines; 11,205
(2) Deputy mine inspectors of surface mines; 11,207
(3) Electrical inspectors; 11,209
(4) Superintendent of rescue stations; 11,211
(5) Assistant superintendents of rescue stations; 11,213
256
(6) Mine chemists at A division of mines laboratory IF THE 11,215
CHIEF OF THE DIVISION OF MINERAL RESOURCES MANAGEMENT CHOOSES TO 11,216
OPERATE A LABORATORY; 11,217
(7) Gas storage well inspector. 11,219
(B) Mine foremen FOREPERSONS: 11,221
(1) Mine foreman FOREPERSON of gaseous mines; 11,223
(2) Mine foreman FOREPERSON of nongaseous mines; 11,225
(3) Mine foreman FOREPERSON of surface mines. 11,227
(C) Foremen FOREPERSONS: 11,229
(1) Foreman FOREPERSON of gaseous mines; 11,231
(2) Foreman FOREPERSON of nongaseous mines; 11,233
(3) Foreman FOREPERSON of surface maintenance facilities 11,235
at underground or surface mines; 11,236
(4) Foreman FOREPERSON of surface mines. 11,238
(D) Fire bosses. 11,240
(E) Mine electricians. 11,242
(F) Surface mine blasters. 11,244
(G) Shot firers. 11,246
The board shall hold such meetings as are necessary for the 11,248
proper discharge of its duties. 11,249
The board shall meet annually at the capitol, as prescribed 11,251
by its rules, for the examination of candidates for appointment 11,252
or promotion as deputy mine inspectors and such other positions 11,253
and offices set forth in division (A) of this section as are 11,254
necessary. Special examinations may be held whenever it becomes 11,255
necessary to make appointments to any of those positions. 11,256
For the examination of persons seeking certificates of 11,258
competency as mine foremen FOREPERSONS, foremen FOREPERSONS, mine 11,259
electricians, shot firers, surface mine blasters, and fire 11,260
bosses, the board shall hold meetings, quarterly or more often as 11,261
required, at such times and places within the state as shall, in 11,262
the judgment of the members, afford the best facilities to the 11,263
greatest number of applicants. Public notice shall be given 11,264
through the press or otherwise, not less than ten days in 11,265
257
advance, announcing the time and place at which examinations 11,266
under this section are to be held. 11,267
The examinations provided for in this section shall be 11,269
conducted under rules and conditions prescribed by the board. 11,270
Such rules shall be made a part of the permanent record of the 11,271
board, and such of them as relate to particular candidates shall, 11,272
upon application of any candidate, be furnished to him THE 11,273
CANDIDATE by the board; they shall also be of uniform application 11,275
to all candidates in the several groups. 11,276
Sec. 1561.26. (A) As used in this section, "EMT-basic," 11,287
"EMT-I," and "paramedic" have the same meanings as in section
4765.01 of the Revised Code. 11,289
(B) The superintendent of rescue stations, with the 11,291
approval of the chief of the division of mines and reclamation 11,292
MINERAL RESOURCES MANAGEMENT, shall, at each rescue station 11,293
provided for in section 1561.25 of the Revised Code, train and 11,294
employ rescue crews of six members each, one of whom shall hold a 11,295
mine foreman FOREPERSON or fire boss certificate and be 11,296
designated captain, and train and employ any number of such 11,298
rescue crews as he THE SUPERINTENDENT believes necessary. One 11,299
member of a rescue crew shall be certified as an EMT-basic, 11,300
EMT-I, or paramedic. Each member of a rescue crew shall devote 11,302
the time specified by the chief each month for training purposes 11,303
and shall be available at all times to assist in rescue work at 11,304
explosions, mine fires, and other emergencies. 11,305
A captain of mine rescue crews shall receive for service as 11,308
captain the sum of twenty-four dollars per month, and each member 11,310
shall receive the sum of twenty dollars per month, all payable on 11,311
requisition approved by the chief. When engaged in rescue work 11,312
at explosions, mine fires, or other emergencies away from their 11,313
station, the members of the rescue crews and captains of the same 11,314
shall be paid the sum of six dollars per hour for work on the 11,315
surface, which includes the time consumed by such members in 11,317
traveling to and from the scene of such emergency when such scene 11,318
258
is away from the station of such members, and the sum of seven 11,319
dollars per hour for all work underground at such emergency, and 11,320
in addition thereto, the necessary living expenses of such 11,321
members when such emergency is away from their home station, all 11,322
payable on requisition approved by the chief. 11,323
Each member of a mine rescue crew shall undergo an annual 11,325
medical examination by a doctor designated by the chief. In 11,326
designating such doctor, the chief shall choose one near to the 11,327
station of the member of such rescue crews. Such doctor shall 11,329
report his THE DOCTOR'S findings to the chief and if, in the 11,330
opinion of the chief, such report indicates that such member is 11,331
physically unfit for further services, the chief shall relieve 11,332
him THE MEMBER from further duty. The fee charged by such doctor 11,333
for such examination shall be paid in the same manner as fees are 11,334
paid to doctors employed by the industrial commission for special 11,335
medical examinations. 11,336
The chief may remove any member of a rescue crew for any 11,338
reason. Such crews shall be subject to the orders of the chief, 11,339
the superintendent, and the deputy mine inspectors when engaged 11,340
in actual mine rescue work. Mine rescue crews shall, in case of 11,341
death or injury when engaged in rescue work, wherever the same 11,342
may occur, be paid compensation, or their dependents shall be 11,343
paid death benefits, from the workers' compensation fund, in the 11,344
same manner as other employees of the state. 11,345
(C) In addition to the training of rescue crews, each 11,347
assistant superintendent of rescue stations, with the approval of 11,348
the superintendent, shall provide for and conduct safety, first 11,349
aid, and rescue classes at any mine or for any group of miners 11,350
who make application for the conducting of such classes. 11,351
The superintendent shall prescribe and provide for a 11,353
uniform schedule of conducting such safety and rescue classes as 11,354
will provide a competent knowledge of modern safety and rescue 11,355
methods in, at, and about mines. 11,356
Sec. 1561.27. The A division of mines and reclamation 11,365
259
MINERAL RESOURCES MANAGEMENT laboratory, equipped for making 11,367
proper chemical tests of the air, gases, and coal and mine dust, 11,368
together with research, experimental work, and other things, 11,369
proper, necessary, or appurtenant to the inspection of mines, and 11,370
quarries, and to the administration of this chapter and Chapters 11,371
1509., 1563., 1565., and 1567. of the Revised Code, shall MAY be 11,373
operated by, and under the direction and control of, the chief of
the division of mines and reclamation MINERAL RESOURCES 11,374
MANAGEMENT. He shall THE CHIEF MAY employ not more than three 11,376
chemists, and such clerical help as conditions require. The 11,377
necessary equipment and supplies to maintain such laboratory 11,379
shall MAY be supplied by the chief.
Sec. 1561.28. The chief of the division of mines and 11,388
reclamation shall MINERAL RESOURCES MANAGEMENT MAY designate one 11,390
of the chemists, provided for in section 1561.27 of the Revised 11,391
Code, to be in charge of and supervise and direct the work of the 11,392
A mine laboratory OPERATED UNDER THAT SECTION. The chemists 11,393
shall MAY make proper chemical tests of samples of mine air, 11,394
gases, and coal and mine dust, and keep a permanent record of the 11,396
same showing the date, time, and place where taken, the results 11,397
of the test and analysis, and any further data that is proper, 11,398
necessary, and pertinent to the inspection of mines. They shall 11,399
MAY conduct such research and experimental work and tests as will 11,400
provide for better working, health, and safety conditions in the 11,401
mines and quarries, and will aid in the development and 11,402
furtherance of such industries.
Sec. 1561.31. Each deputy mine inspector shall inspect 11,411
each mine in the inspector's district, the owner, lessee, agent, 11,412
or operator of which is an employer as defined in section 4123.01 11,414
of the Revised Code, or any other mine at which three or more 11,416
persons work, at intervals not exceeding three months between 11,417
inspections, and all other mines in the inspector's district as 11,418
often as practical, noting particularly the location and 11,419
condition of buildings, the condition of the boiler, machinery, 11,420
260
workings of the mine, the traveling ways and haulageways, the 11,421
circulation and condition of the air and drainage, and the 11,422
condition of electrical circuits and appliances. The inspector 11,423
shall make tests for poisonous, explosive, and noxious gases, and 11,424
shall specifically order compliance with any section of THIS 11,425
CHAPTER AND Chapters 1561., 1563., 1565., AND 1567., and sections 11,427
1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 11,428
of the Revised Code which THAT the inspector finds is being 11,431
violated.
Upon completion of the inspection of a mine, the inspector 11,433
shall fill out a report of the conditions found during 11,434
inspections on a form provided by the chief of the division of 11,435
mines and reclamation MINERAL RESOURCES MANAGEMENT, which form 11,436
shall provide for statements as to whether the laws are being 11,438
observed or violated, and if violated, the nature and extent 11,439
thereof, the date of the inspection, the number of persons 11,440
employed in and about the mine, whether or not a certificate of 11,441
compliance issued pursuant to section 4123.35 of the Revised Code 11,444
is posted and the date of expiration thereof, and matters, 11,445
things, and practices that specifically are covered by law, order 11,446
of the chief, or previous order of the inspector. The inspector 11,447
shall make this report in quadruplicate or quintuplicate, and 11,448
send the original to the chief, post a copy at the mine, give a 11,449
copy to the mine superintendent, and retain a copy for the 11,450
inspector's files. Where the miners of a mine have a mine safety 11,451
committee, the inspector shall post one additional copy of the 11,452
report of that mine at that mine for the use and possession of 11,453
the committee. The report required by this section shall be 11,454
known as the inspector's routine report. 11,455
If an inspector orders compliance with THIS CHAPTER AND 11,458
Chapters 1561., 1563., 1565., AND 1567., and sections 1509.09, 11,459
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 of the 11,460
Revised Code, and is assured by the superintendent of the mine to 11,461
which the order applies that the order will be complied with, the 11,462
261
inspector shall revisit the mine within a reasonable period of 11,463
time and ascertain whether or not the order has been complied 11,464
with. The inspector shall report the inspector's findings to the 11,465
chief on a form to be provided by the chief, and take action to 11,466
enforce compliance. 11,467
Sec. 1561.32. The electrical inspectors shall examine 11,476
surface and underground electrical installations at all mines for 11,477
fire, shock, and explosion hazards, and for compliance with the 11,478
electrical regulations REQUIREMENTS of this chapter and Chapters 11,479
1563., 1565., and 1567. of the Revised Code, at least once each 11,481
year. In gaseous mines such examinations shall be made of all 11,482
underground installations at least once each six months. A 11,483
written report of each examination shall be made to the owner, 11,484
lessee, or agent of the mine, and to the chief of the division of 11,485
mines and reclamation MINERAL RESOURCES MANAGEMENT, through the 11,486
deputy mine inspector of the district in which the examination 11,487
has been made. These inspection reports shall be handled in the 11,488
same manner as are the reports of the deputy mine inspector. 11,489
No owner, lessee, agent, or operator of a mine shall 11,491
willfully PURPOSELY refuse or neglect to comply with this 11,492
section. 11,493
Sec. 1561.33. On or before each Monday, each deputy mine 11,502
inspector shall file in the office of the chief of the division 11,503
of mines and reclamation MINERAL RESOURCES MANAGEMENT a record 11,504
showing the number of mines in the district examined by him THE 11,505
DEPUTY MINE INSPECTOR during the preceding week, the number of 11,506
persons employed in and about such mines, the date of each 11,507
examination, the condition of each mine examined, whether the 11,508
laws relating to mines and mining are being observed or violated, 11,509
and if violated, the nature and extent of such violations, the 11,510
progress made in safeguarding the lives and protecting the health 11,511
of the employees in and about the mines, and other facts of 11,512
public interest concerning the condition of mines and the
development and progress in mining. 11,513
262
Sec. 1561.34. If a deputy mine inspector finds danger of 11,522
an imminent and extraordinary character in any mine he, THE 11,523
DEPUTY MINE INSPECTOR shall immediately take steps to safeguard 11,525
the employees, notify the superintendent, the mine foreman 11,527
FOREPERSON, or any other person in charge of employees at once of 11,529
the condition he THE DEPUTY MINE INSPECTOR has found, and require 11,530
them to exercise their authority to remedy the situation; in all 11,531
such instances, he THE DEPUTY MINE INSPECTOR shall stop all 11,532
workings in the particular section in which he THE DEPUTY MINE 11,534
INSPECTOR found the dangerous condition, or the entire mine if 11,536
necessary, until the condition found is remedied. Before leaving 11,537
the mine property, he THE DEPUTY MINE INSPECTOR shall make a 11,538
report in writing setting forth clearly the dangerous conditions 11,539
of imminent and extraordinary character found, the steps taken by 11,540
him THE DEPUTY MINE INSPECTOR to safeguard the employees, and 11,541
confirming the orders or instructions given to the 11,542
superintendent, mine foreman FOREPERSON, or other person in 11,543
charge of employees. He THE DEPUTY MINE INSPECTOR shall make 11,544
this report in quadruplicate or quintuplicate, sending the 11,546
original at once to the chief of the division of mines and 11,547
reclamation MINERAL RESOURCES MANAGEMENT, giving a copy to the 11,548
mine superintendent, posting one on the bulletin board of the 11,549
mine, and retaining a copy for his THE DEPUTY MINE INSPECTOR'S 11,550
files. Where the miners have a mine safety committee, he THE 11,551
DEPUTY MINE INSPECTOR shall post one additional copy on the mine 11,552
bulletin board for the use and possession of the committee. This 11,553
report shall be known as his THE DEPUTY MINE INSPECTOR'S 11,554
emergency report. 11,556
Sec. 1561.35. If the deputy mine inspector finds that any 11,565
matter, thing, or practice connected with any mine and not 11,566
prohibited specifically by law is dangerous or hazardous, or that 11,568
from a rigid enforcement of this chapter and Chapters 1509.,
1563., 1565., and 1567. of the Revised Code, the matter, thing, 11,570
or practice would become dangerous and hazardous so as to tend to 11,571
263
the bodily injury of any person, the deputy mine inspector 11,572
forthwith shall give notice in writing to the owner, lessee, or 11,574
agent of the mine of the particulars in which the deputy mine 11,575
inspector considers the mine or any matter, thing, or practice 11,577
connected therewith is dangerous or hazardous and recommend 11,578
changes that the conditions require, and forthwith shall mail a 11,579
copy of the report and the deputy mine inspector's 11,581
recommendations to the chief of the division of mines and 11,582
reclamation MINERAL RESOURCES MANAGEMENT. Upon receipt of the 11,583
report and recommendations, the chief forthwith shall make a 11,585
finding thereon and mail a copy to the owner, operator, lessee, 11,586
or agent of the mine, and to the deputy mine inspector; a copy of 11,587
the finding of the chief shall be posted upon the bulletin board 11,588
of the mine. Where the miners have a mine safety committee, one 11,589
additional copy shall be posted on the bulletin board for the use 11,590
and possession of the committee. 11,591
The owner, operator, lessee, or agent of the mine, or the 11,593
authorized representative of the workers of the mine, within ten 11,595
days may appeal to the mine examining board for a review and 11,596
redetermination of the finding of the chief in the matter in 11,598
accordance with section 1561.53 of the Revised Code. A copy of 11,599
the decision of the board shall be mailed as required by this 11,601
section for the mailing of the finding by the chief on the deputy 11,602
mine inspector's report.
Sec. 1561.351. A deputy mine inspector who makes a finding 11,611
concerning a violation of this chapter or Chapter 1563., 1565., 11,613
or 1567. or section 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 11,614
1509.17, or 1509.18 of the Revised Code that involves mining 11,615
safety shall notify the chief of the division of mines and 11,616
reclamation MINERAL RESOURCES MANAGEMENT of the finding. The 11,617
chief shall review the inspector's finding, make a written 11,619
determination regarding it, and provide a copy of the written 11,620
determination to the owner, operator, lessee, or agent of the 11,621
mine involved. The chief shall provide a copy of the written 11,622
264
determination to any other interested party upon request.
A person, such as an owner, operator, lessee, or agent of 11,625
the mine or the authorized representative of the workers of the 11,626
mine, who has an interest that is or may be adversely affected by 11,627
the chief's determination may appeal the determination, not later 11,628
than ten days after receiving notice of the determination, to the 11,629
mine examining board by filing a copy of the chief's written 11,630
determination with the board. The board shall hear the appeal in 11,631
accordance with section 1561.53 of the Revised Code. 11,632
Sec. 1561.36. Upon being notified by the owner, lessee, or 11,641
agent of a mine, or by a deputy mine inspector, that a major 11,642
accident, causing injury to persons or property, has occurred at 11,643
a mine within his THE jurisdiction OF THE CHIEF OF THE DIVISION 11,644
OF MINERAL RESOURCES MANAGEMENT, the chief of the division of 11,645
mines and reclamation shall go, and may order one or more of the 11,647
deputy mine inspectors to go, at once to such mine, inquire into
the cause of the accident, and make a written report upon the 11,648
condition of that part of the mine wherein the accident occurred 11,649
and the cause of the accident. He THE CHIEF shall file such 11,650
report in his THE CHIEF'S office, and mail a copy thereof to the 11,651
general office of the owner, lessee, or agent of such mine. 11,652
Sec. 1561.37. When a deputy mine inspector receives notice 11,662
of the occurrence of a fatal or serious accident occurring at any 11,663
mine in his THE DEPUTY MINE INSPECTOR'S district, he THE DEPUTY 11,665
MINE INSPECTOR shall go immediately to such mine, to investigate 11,666
fully into the cause of the accident, and shall make a report 11,668
thereon to the chief of the division of mines and reclamation 11,669
MINERAL RESOURCES MANAGEMENT in writing. A copy of such report 11,671
shall be mailed to the owner, operator, lessee, or agent of such 11,672
mine. If the accident is of such a nature that the deputy mine 11,674
inspector needs assistance, he THE DEPUTY MINE INSPECTOR may 11,676
request the chief to attend or to assign additional deputy mine 11,677
inspectors to assist him THE DEPUTY MINE INSPECTOR WHO REQUESTED 11,678
ASSISTANCE.
265
Sec. 1561.38. In case of controversy or disagreement 11,687
between the deputy mine inspector and the owner, lessee, or agent 11,688
of a mine, or persons working therein, or in case of emergency 11,689
requiring counsel, the deputy mine inspector may call upon the 11,690
chief of the division of mines and reclamation MINERAL RESOURCES 11,691
MANAGEMENT for such assistance and counsel as is necessary. 11,692
Sec. 1561.45. Fines collected by reason of prosecutions 11,701
under this chapter and Chapters 1563., 1565., and 1567. of the 11,702
Revised Code shall be paid to the chief of the division of mines 11,703
and reclamation MINERAL RESOURCES MANAGEMENT, and by him THE 11,704
CHIEF paid into the state treasury to the credit of the mining 11,706
regulation fund created in section 1561.48 of the Revised Code. 11,707
Sec. 1561.47. If upon inspection a deputy mine inspector 11,716
or other authorized representative of the division of mines and 11,717
reclamation MINERAL RESOURCES MANAGEMENT finds any violation of 11,718
law, or any other conditions that constitute an imminent and 11,719
substantial threat to miners' health or safety, the chief of the 11,720
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 11,721
may issue, modify, or revoke reasonable orders requiring the 11,722
operator to abate the violation or condition within a reasonable 11,724
period of time. No operator shall violate or fail to comply with 11,725
any order issued under this section.
Sec. 1561.48. All moneys collected under sections 1561.14, 11,735
1561.16, 1561.17, 1561.18, 1561.19, 1561.20, 1561.21, 1561.22,
1561.45, and 1561.46 of the Revised Code shall be paid into the 11,736
state treasury to the credit of the mining regulation fund, which 11,737
is hereby created. The department of natural resources shall use 11,738
the moneys in the fund to pay the operating expenses of the 11,739
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 11,740
Sec. 1561.49. The chief of the division of mines and 11,749
reclamation MINERAL RESOURCES MANAGEMENT may designate not more 11,751
than thirty deputy mine inspectors, at least one of whom shall be 11,753
classified and appointed as electrical inspector provided for in 11,754
division (B) of section 1561.12 of the Revised Code; one gas 11,755
266
storage well inspector; one superintendent of rescue stations; 11,756
three assistant superintendents of rescue stations; three 11,757
chemists; and such clerks, stenographers, and other employees as 11,758
are necessary for the administration of THIS CHAPTER AND Chapters 11,759
1561., 1563., 1565., 1567., and 1509. of the Revised Code. 11,760
Such officers, employees, and personnel shall be appointed 11,762
and employed under such conditions and qualifications as set 11,763
forth in such chapters.
Sec. 1561.50. When written charges of neglect of duty, 11,773
incompetency, or malfeasance in office against any deputy mine 11,774
inspector are made and filed with the chief of the division of 11,776
mines and reclamation MINERAL RESOURCES MANAGEMENT, signed by not 11,778
less than fifteen employees, or an owner, lessee, or agent of a 11,780
mine, the chief shall promptly investigate such charges and 11,782
advise in writing the complainant whose name appears first in the 11,784
charges, the result of such investigation.
If the mine employs less than fifteen men EMPLOYEES, such 11,787
charges shall be filed and signed by not less than fifty per cent 11,788
of the employees.
Sec. 1561.51. When written charges of neglect of duty, 11,798
incompetency, or malfeasance in office against the deputy mine 11,799
inspector are filed with the chief of the division of mines and 11,800
reclamation MINERAL RESOURCES MANAGEMENT, signed by not less than 11,801
fifteen employees, or otherwise as provided in section 1561.50 of 11,803
the Revised Code, or the owner, lessee, or agent of a mine, and 11,805
the signers of the charges are dissatisfied with the result of 11,806
the investigation made by the chief, they may appeal to the mine 11,808
examining board by filing the same charges against the deputy 11,809
mine inspector and a copy of the report of the investigation made 11,810
by the chief in the matter with the board, and the board shall 11,811
hear the appeal in accordance with section 1561.53 of the Revised 11,812
Code. The board shall mail a copy of its decision to the 11,813
complainant whose name appears first in the charges. 11,814
Sec. 1561.53. (A) As used in this section, "decision of 11,824
267
the chief" includes a decision, disapproval of an application to 11,825
drill a well, terms and conditions of a permit, or a suspension 11,826
order issued by the chief of the division of mines and 11,827
reclamation MINERAL RESOURCES MANAGEMENT under section 1509.08 of 11,828
the Revised Code; a finding of the chief made under section 11,829
1561.35 or 1563.13 of the Revised Code; a determination made by 11,830
the chief under section 1561.351 of the Revised Code; a report of 11,831
an investigation made by the chief under section 1561.51 of the 11,832
Revised Code; or disapproval of an application for a permit, 11,834
renewal permit, or modification issued under section 6111.044 of 11,835
the Revised Code.
(B)(1) Except as otherwise provided in division (B)(2) of 11,838
this section, the mine examining board has exclusive original 11,839
jurisdiction to hear and decide appeals made to the board under 11,840
sections 1509.06, 1509.08, 1561.35, 1561.351, 1561.51, 1563.13, 11,841
and 6111.044 of the Revised Code. An appeal made under those 11,842
sections does not operate as a stay of any decision of te THE 11,843
chief.
(2) Notwithstanding any other provision of law to the 11,845
contrary, from the effective date of this section NOVEMBER 24, 11,847
1999, until the date on which all members of the mine examining 11,848
board have been appointed in accordance with the qualifications 11,849
established in section 1561.10 of the Revised Code, as amended, 11,850
both of the following apply: 11,851
(a) A person, such as an owner, operator, lessee, or agent 11,854
of a mine or the authorized representative of the workers of a 11,855
mine, who has an interest that is or may be adversely affected by 11,856
a decision of the chief that involves mine health and safety may 11,857
appeal it, not later than ten days after receiving notice of the 11,858
decision, to the reclamation commission in accordance with 11,859
section 1513.13 of the Revised Code by filing a copy of the 11,860
chief's written decision with the commission. 11,861
(b) An owner, operator, lessee, or agent of a mine who 11,864
appeals a decision of the chief that involves mine health and 11,865
268
safety to the reclamation commission in accordance with division 11,866
(B)(2)(a) of this section, upon filing the appeal, shall provide 11,867
written notification of the appeal to the authorized 11,868
representative of the affected workers of the mine involved. The 11,870
authorized representative of the mine workers may intervene and 11,871
participate as a party to the appeal by filing a written notice 11,872
of intervention with the commission not later than ten days 11,873
following receipt of notification of the appeal. 11,874
(C) The board shall provide written notice of the time and 11,877
place of a hearing not less than five days prior to the hearing. 11,878
The hearing shall be of record.
(D) The board shall conduct hearings and render decisions 11,880
in a timely fashion and shall hear expedited appeals as required 11,881
under section 1509.08 of the Revised Code. 11,882
Whenever the board conducts a hearing, it shall prepare a 11,885
report setting forth its findings of fact and conclusions of law 11,886
and shall mail a copy of the report by certified mail to the
parties. A party, not later than fourteen days after receipt of 11,887
the report, may serve and file written objections to the board's 11,888
report with the secretary of the board. Objections shall be 11,889
specific and state with particularity the grounds for them. Upon 11,891
consideration of the objections, the board may adopt, reject, or 11,892
modify the report or hear additional evidence.
(E) The board shall affirm a decision of the chief unless 11,895
the board determines that it is arbitrary, capricious, or 11,896
otherwise inconsistent with law; in that case the board shall 11,897
vacate the decision of the chief and may remand it to the chief 11,898
for further proceedings that the board may direct. 11,899
(F) The chairperson of the board, under conditions that 11,902
the chairperson prescribes, may grant temporary relief that the 11,903
chairperson considers appropriate pending final determination of 11,904
an appeal if all of the following conditions are met: 11,905
(1) All parties to the appeal have been notified and given 11,908
an opportunity for a hearing to be held on the request for 11,909
269
temporary relief.
(2) The person requesting relief shows that there is a 11,911
substantial likelihood that the person will prevail on the 11,912
merits. 11,913
(3) The relief will not adversely affect the health or 11,915
safety of miners. 11,916
The chairperson shall issue a decision expeditiously and 11,919
promptly provide written notification of the decision to all
parties to the appeal. 11,920
Any party to an appeal filed with the board who is 11,922
aggrieved or adversely affected by a decision of the chairperson 11,923
to grant or deny temporary relief under this section may appeal 11,924
that decision to the board. The board may confine its review to 11,925
the record developed at the hearing before the chairperson. 11,927
The appeal shall be filed with the board not later than 11,929
thirty days after the chairperson issues the decision on the 11,930
request for temporary relief. The board shall issue a decision 11,931
as expeditiously as possible. 11,932
The board shall affirm the decision of the chairperson 11,935
granting or denying temporary relief unless it determines that 11,936
the decision is arbitrary, capricious, or otherwise inconsistent 11,937
with law.
Sec. 1561.54. For the purpose of participation in an 11,946
adjudicatory hearing conducted under section 1561.53 of the 11,947
Revised Code, the chief of the division of mines and reclamation 11,948
MINERAL RESOURCES MANAGEMENT or the mine examining board may 11,949
require the attendance of witnesses and the production of books, 11,950
records, and papers and may, and at the request of any party 11,951
shall, issue subpoenas for witnesses or subpoenas duces tecum to 11,952
compel the production of any books, records, papers, or other 11,953
material relevant to the inquiry, directed to the sheriff of each 11,954
county where the witnesses or materials are found, which 11,956
subpoenas shall be served and returned in the same manner that 11,957
subpoenas issued by courts of common pleas are served and 11,958
270
returned. The fees and mileage of sheriffs and witnesses shall 11,959
be the same as those allowed by the court of common pleas in 11,960
criminal cases.
In cases of disobedience or neglect of a subpoena served on 11,963
a person or the refusal of a witness to testify on any matter 11,964
regarding which the witness lawfully may be interrogated, the 11,965
court of common pleas of the county in which the disobedience, 11,966
neglect, or refusal occurs, or any judge of that court, on 11,967
application of the chief or the board or any member of the board, 11,968
shall compel obedience by attachment procedures for contempt as 11,969
in the case of disobedience of the requirements of a subpoena 11,970
issued from the court or a refusal to testify in it. 11,971
A witness at any hearing shall testify under oath or 11,973
affirmation, which the chief or any member of the board shall 11,974
administer. 11,975
Sec. 1561.99. Whoever violates any section of this chapter 11,984
or any order of the chief of the division of mines and 11,985
reclamation MINERAL RESOURCES MANAGEMENT is guilty of a minor 11,986
misdemeanor. 11,987
Sec. 1563.02. As used in this chapter and Chapters 1561., 11,997
1565., and 1567. of the Revised Code, a gaseous mine is:
(A) A mine in which methane has been ignited; 11,999
(B) A mine in which methane has been detected in any of 12,001
the open workings thereof by a permissible flame safety lamp; 12,002
(C) A mine in which one fourth of one per cent or more of 12,004
methane has been found in a sample of air taken in any of the 12,005
open workings thereof upon analysis thereof by the mine 12,006
laboratory provided for by section 1561.27 of the Revised Code OR 12,008
ANOTHER LABORATORY APPROVED BY THE CHIEF OF THE DIVISION OF
MINERAL RESOURCES MANAGEMENT. If such sample of air contains 12,010
less than one half of one per cent of methane and if no other 12,011
sample of air, taken in any of the open workings of such mine 12,012
within twenty-four hours of the time such first-mentioned sample 12,013
was taken, is, upon analysis by said THE laboratory, found to 12,015
271
contain one fourth of one per cent or more of methane, such mine 12,016
is not a gaseous mine unless a sample of air thereafter taken in 12,017
any of the open workings of such mine and prior to ten days after 12,018
the date upon which such first-mentioned sample was analyzed is, 12,019
upon analysis by said THE laboratory, found to contain one fourth 12,020
of one per cent or more of methane.
Sec. 1563.04. The operator of each underground mine shall 12,029
have a survey made whenever the workings of said THE mine have 12,030
extended four hundred feet in any direction from the point shown 12,031
on the map by the last survey of such mine, but not oftener MORE 12,032
OFTEN than once every six months, or whenever such mine is to be 12,033
abandoned or shut down for a sufficient period of time to make it 12,034
impossible to survey the working faces as prescribed by this 12,035
section because of the caving of the roof. Such surveys shall be 12,036
accurately plotted on the original map of the mine as prescribed 12,037
for in section 1563.03 of the Revised Code. A copy of such map 12,039
with the latest survey plotted thereon shall be kept at such 12,040
mine, available for the use of the chief of the division of mines 12,042
and reclamation MINERAL RESOURCES MANAGEMENT, and the deputy mine 12,043
inspectors, and available for inspection by the employees at all 12,045
reasonable times, and a copy of the same shall be promptly 12,046
forwarded to the chief, with the certificate of the engineer 12,047
making same and of the superintendent or mine foreman FOREPERSON 12,048
in charge of the mine at the time of the survey, acknowledged 12,049
before a notary public or other officer empowered to administer 12,050
oaths, in the following form:
"I, the undersigned, hereby certify that this map is 12,052
correct and shows all the information required by section 1563.03 12,054
of the Revised Code and covers the period ending ................ 12,055
................................................................. 12,056
............................. 12,058
Engineer 12,060
Acknowledged before me a .................................. 12,062
............ this .................day of........................ 12,063
272
............................. 12,065
I, the undersigned, hereby certify that I am mine foreman 12,067
FOREPERSON at the mine represented by this map and to the best of 12,068
my knowledge and belief the same correctly represents the 12,069
excavations of the mine for the period ending.................... 12,070
............................. 12,072
Mine Foreman FOREPERSON 12,074
Acknowledged before me a .................................. 12,076
.............this .................day of........................ 12,078
............................" 12,080
The operator of a mine shall file, at least annually, a map 12,082
of the same with the chief, so certified. 12,083
No operator of a mine shall refuse or neglect to comply 12,085
with this section. 12,086
Sec. 1563.05. Upon the refusal or neglect of the owner, 12,096
lessee, or agent of the mine to make and file a map or any 12,097
addition thereto, as required by sections 1563.03, 1563.04, and 12,098
1563.42 of the Revised Code, within sixty days after being 12,100
directed to do so by the chief of the division of mines and 12,101
reclamation MINERAL RESOURCES MANAGEMENT, the chief may cause 12,103
such map or addition thereto to be made in duplicate at the
expense of such owner, lessee, or agent, the cost of which shall 12,104
be recoverable against such owner, lessee, or agent in the name 12,105
of the chief of the division of mines and reclamation, in any 12,106
court of competent jurisdiction in the county in which such mine 12,107
is located, or in Franklin county.
Sec. 1563.06. For the purpose of making the examinations 12,117
provided for in this chapter and Chapters 1509., 1561., 1565., 12,119
and 1567. of the Revised Code, the chief of the division of mines 12,120
and reclamation MINERAL RESOURCES MANAGEMENT, and each deputy 12,121
mine inspector, may enter any mine at A reasonable time, by day 12,123
or by night, but in such manner as will not necessarily impede 12,125
the working of the mine, and the owner, lessee, or agent thereof 12,127
shall furnish the means necessary for such entry and examination. 12,128
273
Sec. 1563.11. (A) Unless a permit has been issued by the 12,137
director of transportation, or the board of county commissioners, 12,138
or the board of township trustees, or such other public authority 12,139
that is charged by law with the maintenance of a public road, and 12,140
the approval of the chief of the division of mines and 12,141
reclamation in the department of natural resources MINERAL 12,142
RESOURCES MANAGEMENT has been obtained, no person, firm, or 12,144
corporation, engaged in mining or quarrying any mineral, coal, 12,145
stone, or clay, shall:
(1) Extend any part of an open pit excavation closer than 12,147
fifty feet of horizontal distance to any part of a public road; 12,148
(2) Deposit mine refuse or removed overburden: 12,150
(a) Closer to a public road than a line parallel to the 12,152
boundary line of such road and fifty feet of horizontal distance 12,153
away from such road and at the same elevation as the elevation of 12,154
the crown of such road; 12,155
(b) Higher than a line beginning at a point fifty feet of 12,157
horizontal distance away from such road and at the same elevation 12,158
as the elevation of the crown of such road, and extending from 12,159
such beginning point upward and away from such road at an angle 12,160
of forty degrees from the horizontal plane. 12,161
Any person, firm, or corporation desiring such a permit 12,163
shall apply in writing therefor to the proper public authority, 12,164
and shall describe in such application the excavating or 12,165
depositing of mine refuse or removed overburden which THAT it 12,166
will do and for which it requests a permit. The applicant shall 12,168
also furnish such public authority with such additional data and 12,169
information concerning such work as such public authority may 12,170
request and which THAT shall be relevant, in making the 12,171
determination which THAT such public authority is required to 12,173
make as to the amount of bond or other security the applicant 12,175
shall be required to deposit before such a permit is issued to 12,176
the applicant.
Upon receipt of such an application such public authority 12,178
274
shall promptly consider what damage, if any, may be done to such 12,179
public highway by the excavating or depositing of mine refuse or 12,180
removed overburden for which the permit is requested, and 12,181
estimate the reasonable cost of repairing such damage, if any 12,182
should occur, and fix the amount of such estimate of cost as the 12,183
amount of bond or other security which THAT the applicant shall 12,184
deposit with such public authority upon issuance of the permit 12,185
requested, to ensure payment of the cost of repairing any such 12,186
damage which THAT might occur. Such public authority shall 12,187
promptly notify the applicant of the amount of bond or other 12,189
security it has so fixed. 12,190
Upon approval of the chief of the division of mines and 12,192
reclamation and deposit with the public authority of a surety 12,193
bond signed by the applicant as principal, and by a surety 12,194
company authorized to transact business in this state as surety, 12,195
or of cash or other security satisfactory to such public 12,196
authority, in the amount fixed by such authority, and conditioned 12,197
upon the payment to such public authority by applicant of the 12,198
cost of repairing any damage to such public road occurring as a 12,199
result of the excavating or depositing of mine refuse or removed 12,200
overburden for which the permit was issued, the public authority 12,201
shall issue to the applicant the permit for which THE applicant 12,202
applied.
If, at the end of three years after such excavation or 12,204
deposit of mine refuse or removed overburden is made, the 12,205
licensee shall have paid or caused to be paid all cost of 12,206
repairing any damage to such public road occurring within such 12,207
time as a result of such excavating or depositing for which such 12,208
permit was issued, or, if within such period of time no such 12,209
damage to such shall have occurred, the bond or cash or other 12,210
security deposited with the public authority upon the issuance of 12,211
such permit, shall be released and returned to such applicant. 12,212
(B) Any person, firm, or corporation owning any land 12,214
containing mineral, coal, stone, or clay, and over any portion of 12,215
275
which any state, county, or township road or public highway 12,216
passes, may drill, excavate, mine, or quarry through or under 12,217
such road. Before said THE work shall be IS commenced, such 12,219
person, firm, or corporation shall execute and deliver to the 12,220
director of transportation in case of state roads, to the board 12,221
of county commissioners in case of county roads, or to the board 12,222
of township trustees in case of township roads, a bond, with good 12,223
and sufficient surety in such amount as shall be considered by 12,224
the director, the board of county commissioners, or the board of 12,225
township trustees, sufficient to cover any damages that may 12,226
accrue by excavating, mining, or quarrying through or under any 12,227
such road, the same to be approved by such director, board of 12,228
county commissioners, or board of township trustees. Such bond 12,229
shall be conditioned that while crossing over or mining or 12,230
quarrying under any such road, a safe and unobstructed passageway 12,231
or road shall be kept open by such person, firm, or corporation 12,232
for the public use, and as soon as practicable, such road shall 12,233
be fully restored to its original safe and passable condition. 12,234
When such crossing is made by excavation at a depth of more than 12,235
thirty feet below the surface of such road, the person, firm, or 12,236
corporation making the same shall be liable to the director, 12,237
board of county commissioners, or board of township trustees for 12,238
any damage that may accrue by such excavation, and shall be held 12,239
to fully repair any such damage and to restore such road to its 12,240
original safe and passable condition. The right to mine or 12,241
quarry across or under public highways as provided in this 12,242
section, shall accrue to the owner, lessee, or agent of the land 12,243
upon or through which such highway passes. 12,244
As used in this section, "road" or "highway" means the 12,246
entire right of way as well as the improved portion thereof, and 12,247
includes bridges, viaducts, grade separations, appurtenances, and 12,248
approaches on or to such road or highway. 12,249
Sec. 1563.111. No owner, lessee, or agent shall conduct 12,258
his mining operations within twenty-five feet of any known well, 12,259
276
or locate a mine opening within three hundred feet of any well 12,260
which THAT produces oil or gas unless he THE OWNER, LESSEE, OR 12,262
AGENT obtains permission in writing from the division of mines 12,263
and reclamation and the chief of the division of oil and gas 12,265
MINERAL RESOURCES MANAGEMENT.
Sec. 1563.12. Any person, firm, or corporation, beginning 12,274
the opening of a mine, whether or not such person, firm, or 12,275
corporation is the owner, lessee, or agent of the property upon 12,276
which such mine is located, shall notify the chief of the 12,277
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 12,278
and observe the following in the construction of such mine: 12,280
(A) If the opening is a slope or vertical shaft, no 12,282
explosive used therein shall be fired by means of a squib or fuse 12,283
after the same is extended more than twenty-five feet from the 12,284
surface, and thereafter and until the slope or shaft reaches the 12,285
seam and the entry or landing is extended beyond a break-through 12,286
or other place driven at right angles thereto, no explosive shall 12,287
be fired except by means of an electric battery operated from the 12,288
surface after all persons are on the surface. 12,289
(B) A substantial structure to sustain sheave wheels or 12,291
pulleys, ropes, and loads, shall be provided, and if the opening 12,292
is a shaft, the same shall be placed at a height of not less than 12,293
twenty-five feet above the tipping place. 12,294
(C) A landing platform shall be arranged in such manner 12,296
that no material can fall into the shaft while the bucket is 12,297
being emptied, and the shaft shall not be sunk to a depth of more 12,298
than thirty feet without such structure. 12,299
(D) If the bucket used for hoisting material is to land on 12,301
a truck, the track on which such truck is operated and the 12,302
platform shall be so constructed that material cannot fall into 12,303
the shaft. 12,304
(E) Rock and coal shall not be hoisted from a shaft or 12,306
slope except in a bucket or cage attached to a rope by a safety 12,307
hook, clevis, or other safe attachment, and the bucket or cage 12,308
277
securely locked so that same cannot tip or empty while being 12,309
hoisted. 12,310
(F) Such rope shall be fastened to the side of the drum, 12,312
and not less than three coils of rope shall always remain on the 12,313
drum. 12,314
(G) After the shaft reaches a depth of one hundred feet, 12,316
the same shall be provided with guides and guide attachments, 12,317
applied in such a manner as to prevent the bucket from swing 12,318
while being lowered or hoisted, and such guides and guide 12,319
attachments shall be maintained at a distance of not more than 12,320
seventy-five feet from the bottom of the shaft. 12,321
(H) The sides of all shafts shall be properly secured for 12,323
safety and no loose rock or material shall be allowed to remain 12,324
on any timber in the shaft after each blast. 12,325
(I) All loose timber, tools, and materials shall be kept 12,327
away from the top of the shaft to reduce the danger of the same 12,328
falling down the shaft. 12,329
(J) Where explosive gas is encountered, the person in 12,331
charge shall see that the shaft or slope is examined before each 12,332
shift of men enter WORKERS ENTERS to work, and before the men THE 12,335
WORKERS descend after each blast.
(K) The slope, or shaft, shall be properly ventilated so 12,337
that persons working therein will have the necessary air. 12,338
(L) An efficient brake shall be attached to each drum of 12,340
an engine used in hoisting material and persons, and all 12,341
machinery, ropes, and chains connected therewith shall be 12,342
carefully examined once each shift. 12,343
(M) Not more than four persons shall be lowered or hoisted 12,345
in or on a bucket at one time, and no person shall be permitted 12,346
to ride on a loaded bucket. 12,347
(N) The bucket used in lowering or hoisting persons shall 12,349
be equipped with proper safety devices, so that it cannot become 12,350
detached from the rope or cable, and cannot tip or turn upside 12,351
down while being so used. 12,352
278
The chief of the division of mines and reclamation, and the 12,354
deputy mine inspector, shall have jurisdiction over such mine 12,355
when the shaft or slope reaches a depth of twenty-five feet, and 12,356
such person, firm, or corporation shall comply with any order 12,357
issued by either or both of them with respect to the safety of 12,358
persons employed. Other than this section, this chapter and 12,359
Chapters 1561., 1565., and 1567. of the Revised Code do not apply 12,361
to the opening of a mine until such opening reaches the seam, and 12,362
the entry or landing is extended beyond a break-through, or other 12,363
place driven at right angles thereto. 12,364
No operator of a mine shall refuse or neglect to comply 12,366
with this section. 12,367
Sec. 1563.13. When a deputy mine inspector considers that 12,376
the ways and means of egress in any underground mine from the 12,377
interior working places to the surface are inadequate as a safe 12,378
and ready means of escape in case of emergency, from danger of 12,379
fire at any point, or any other cause that may result in the 12,380
entombment of persons working in the mine, the deputy mine 12,382
inspector shall give notice in writing to the owner, lessee, or 12,383
agent of the mine of the particular in which the deputy mine 12,384
inspector considers the conditions dangerous, recommending any 12,386
changes that the conditions require, and forthwith shall mail a 12,387
copy of the deputy mine inspector's recommendations to the chief 12,389
of the division of mines and reclamation MINERAL RESOURCES 12,390
MANAGEMENT. Upon receipt of the recommendations, the chief 12,393
forthwith shall make a finding concerning them and mail a copy to 12,394
the operator of the mine and to the deputy mine inspector. A 12,396
copy of the finding of the chief shall be posted upon the 12,397
bulletin board at the time. 12,398
The operator of the mine, or the authorized representative 12,400
of the workers of the mine, within ten days may appeal to the 12,402
mine examining board for a review and redetermination of the 12,403
finding of the chief in the matter in accordance with section 12,405
1561.53 of the Revised Code. A copy of the decision of the board 12,406
279
shall be mailed as required by this section for the mailing of 12,407
the finding by the chief on the deputy mine inspector's report. 12,408
No operator of a mine shall refuse or neglect to comply 12,410
with this section. 12,411
Sec. 1563.17. From a point where the seam is reached in 12,421
the opening of an underground mine, to a point not exceeding a 12,422
distance of four hundred feet therefrom, break-throughs shall be 12,423
made between mine entries, where there are no rooms worked, not 12,424
more than one hundred feet apart, provided such entries are not 12,425
advanced beyond the point where the break-through will be made 12,426
until the break-through is complete. Break-throughs between 12,427
entries, except as provided in this section, shall be made not 12,428
exceeding sixty feet apart. Where there is a solid block on one 12,429
side of the room, break-throughs shall be made between such room 12,430
and the adjacent room not to exceed sixty feet apart; where there 12,431
is a breast or group of rooms, a break-through shall be made on 12,432
one side or the other of each room, except the room adjoining 12,433
said THE block not to exceed forty feet from the outside corner 12,434
of the break-through to the nearest corner of the entrance to the 12,435
room, and on the opposite side of the same room a break-through 12,436
shall be made not to exceed eighty feet from the outside corner 12,437
of the break-through to the nearest corner of the entrance to the 12,438
room, and thereafter break-throughs shall be made not to exceed 12,439
eighty feet apart on each side of the room. No working place, 12,440
except those provided for within a distance of four hundred feet 12,441
of the principal opening of a mine, shall be driven more than 12,442
eighty feet in advance of a break-through or airway. The 12,443
required air current shall be distributed to the working face of 12,444
such entry or room. All break-throughs between entries, and when 12,445
necessary between rooms, except the one nearest the working face, 12,446
shall be closed and made airtight by brattice, trap doors, or 12,447
other means, so that the current of air in circulation may sweep 12,448
to the interior of the mine. Brattices between permanent inlet 12,449
and outlet airways shall be constructed in a substantial manner 12,450
280
of brick, masonry, concrete, or nonperishable material, provided 12,451
THAT in hand-loading and nongaseous mines such brattices may be 12,452
of wood. In mines generating firedamp, so as to be detected by a 12,453
flame safety lamp, the air current shall be conducted by 12,454
brattice, or other means, near enough to the working face to 12,455
expel the firedamp, and prevent the accumulation of same. With 12,456
the approval of the chief of the division of mines and 12,457
reclamation MINERAL RESOURCES MANAGEMENT, a greater distance than 12,459
specified in this section may be allowed between break-throughs. 12,460
Any operator of a mine desiring to allow a greater distance 12,461
between break-throughs than specified in this section shall file 12,462
a written request to do so with the chief, together with a map of 12,463
the mining and ventilating system for which approval and 12,464
permission is ARE asked, attached thereto, and said THE map shall 12,465
become a part of the records in the office of the chief. 12,466
No operator of a mine shall refuse or neglect to comply 12,468
with this section. 12,469
Sec. 1563.20. For the protection of transportation men 12,478
WORKERS, track shall be laid to provide a minimum clearance of 12,479
fourteen inches on the side of the entry opposite the trolley or 12,480
feed wire at all haulage turnouts and crossovers between butt 12,481
entries, on gathering passageways, on room entries, and chutes 12,482
between room entries, except that where brake handles are on the 12,483
side of mine cars, the clearance shall be provided on the wire 12,484
side of such entries as have the wire on the same side as the 12,485
brake handles. The clearance specified in this section shall be 12,486
measured horizontally between the topside of the widest mine car 12,487
and the rib. This section does not apply to entries having been 12,488
driven prior to September 2, 1941, or at any mine or section of a 12,489
mine, where, in the opinion of the division of mines and 12,490
reclamation MINERAL RESOURCES MANAGEMENT, the roof conditions are 12,492
such as to require a width of entry not sufficient to provide the 12,493
clearance set out in this section.
No operator of a mine shall refuse or neglect to comply 12,495
281
with this section. 12,496
Sec. 1563.24. In all mines generating methane in such 12,505
quantities as to be considered a gaseous mine under section 12,506
1563.02 of the Revised Code, the mine foreman FOREPERSON of such 12,507
mine shall: 12,508
(A) Employ a sufficient number of competent men PERSONS 12,510
holding foreman FOREPERSON of gaseous mines or fire boss 12,511
certificates, except as provided in section 1565.02 of the 12,512
Revised Code, to examine the working places whether they are in 12,514
actual course of working or not, and the traveling ways and 12,515
entrances to old workings with approved flame safety lamps, all 12,516
of which shall be done not more than three hours prior to the 12,517
time fixed for the employees to enter such mine; 12,518
(B) Have all old parts of the mine not in the actual 12,520
course of working, but which THAT are open and safe to travel, 12,521
examined not less than once each three days by a competent man 12,522
PERSON who holds a foreman FOREPERSON of gaseous mines or a fire 12,524
boss certificate;
(C) See that all parts of the mine not sealed off as 12,526
provided in section 1563.41 of the Revised Code are kept free 12,527
from standing gas, and upon the discovery of any standing gas, 12,528
see that the entrance to the place where the gas is so discovered 12,529
is fenced off and marked with a sign upon which is written the 12,530
word "danger," and such sign shall so remain until such gas has 12,531
been removed; 12,532
(D) Have the mine examined on all idle days, holidays, and 12,534
Sundays on which men EMPLOYEES are required to work therein; 12,535
(E) If more than three hours elapse between shifts, have 12,537
the places in which the succeeding shift works examined by a 12,538
competent man PERSON who holds a foreman FOREPERSON of gaseous 12,540
mines or fire boss certificate; 12,541
(F) See that this chapter and Chapters 1509., 1561., 12,543
1565., and 1567. of the Revised Code, with regard to examination 12,544
of working places, removal of standing gas, and fencing off of 12,545
282
dangerous places, are complied with before the men EMPLOYEES 12,546
employed by him THE MINE FOREPERSON for this particular work are 12,547
permitted to do any other work; 12,548
(G) Have a report made on the blackboard provided for in 12,550
section 1567.06 of the Revised Code, which report shall show the 12,552
condition of the mine as to the presence of gas and the place 12,553
where such gas is present, if there is any, before he THE MINE 12,554
FOREPERSON permits the employees to enter the mine; 12,555
(H) Have reports of the duties and activities enumerated 12,557
in this section signed by the person who makes such examination; 12,558
such. THE reports so signed shall be sent once each week to the 12,560
deputy mine inspector of the district in which the mine is 12,561
located on blanks furnished by the division of mines and 12,562
reclamation MINERAL RESOURCES MANAGEMENT for that purpose, and a 12,563
copy of such report shall be kept on file at the mine;. 12,564
(I) Have the fire boss record a report after each 12,566
examination, in ink, in the fire boss' record book, which book 12,567
shall show the time taken in making the examination and also 12,568
clearly state the nature and location of any danger that was 12,569
discovered in any room, entry, or other place in the mine, and, 12,570
if any danger was discovered, the fire boss shall immediately 12,571
report the location thereof to the mine foreman FOREPERSON. 12,572
No person shall enter the mine until the fire bosses return 12,574
to the mine office on the surface, or to a station located in the 12,575
mine, where a record book as provided for in this section shall 12,576
be kept and signed by the person making the examination, and 12,577
report to the oncoming mine foreman FOREPERSON that the mine is 12,578
in safe condition for the men EMPLOYEES to enter. When a station 12,580
is located in any mine, the fire bosses shall sign also the 12,581
report entered in the record book in the mine office on the 12,582
surface. The record books of the fire bosses shall at all times 12,583
during working hours be accessible to the deputy mine inspector 12,584
and the employees of the mine. 12,585
In every mine generating explosive gas in quantities 12,587
283
sufficient to be detected by an approved flame safety lamp, when 12,588
the working portions are one mile or more from the entrance to 12,589
the mine or from the bottom of the shaft or slope, a permanent 12,590
station of suitable dimensions may be erected by the mine foreman 12,592
FOREPERSON, provided THAT the location is approved by the deputy 12,593
mine inspector, for the use of the fire bosses, and a fireproof 12,594
vault of ample strength shall be erected in such station of 12,595
brick, stone, or concrete, in which the temporary record book of 12,596
the fire bosses, as described in this section, shall be kept. No 12,597
person, except a mine foreman FOREPERSON of gaseous mines, and in 12,599
case of necessity such other persons as are designated by him THE 12,600
MINE FOREPERSON, shall pass beyond the permanent station and 12,602
danger signal until the mine has been examined by a fire boss, 12,603
and the mine or certain portions thereof reported by him THE FIRE 12,604
BOSS to be safe.
This section does not prevent a mine foreman FOREPERSON or 12,606
foreman FOREPERSON of gaseous mines from being qualified to act 12,607
and acting in the capacity of fire boss. The record book shall 12,609
be supplied by the division of mines and reclamation and 12,610
purchased by the operator.
No mine foreman FOREPERSON or person delegated by him THE 12,613
MINE FOREPERSON, or any operator of a mine, or other person,
shall refuse or neglect to comply with this section. 12,614
Sec. 1563.26. All mines, except those mines or locations 12,623
in a mine which THAT are too wet or too high in incombustible 12,624
content to propagate an explosion, shall be rock dusted. The 12,626
rock dusting shall be done with such regularity and frequency 12,627
that all surfaces required to be rock dusted shall be kept in 12,628
such condition that the incombustible content of the adhering and 12,629
lodging dust is not less than sixty-five per cent. When methane 12,630
is present in any ventilating current, such incombustible content 12,631
shall be not less than sixty-five per cent plus one and 12,632
four-tenths per cent for each one tenth of one per cent of 12,633
methane so present. 12,634
284
The rock dust to be used shall be pulverized limestone or 12,636
any other material containing less than five per cent combustible 12,637
material. All dust must SHALL be so pulverized that it will all 12,638
go through a sieve which THAT has twenty openings to the linear 12,640
inch and at least fifty per cent of such dust shall pass through 12,642
a sieve with two hundred openings to the linear inch. The rock 12,643
dust shall not contain more than four per cent free silicon and 12,644
silicon dioxide. 12,645
The rock dust shall be distributed on top, bottom, and 12,647
sides of all haulageways, traveling ways, developing entries, and 12,648
rooms to within forty feet of face. Back entries shall be rock 12,649
dusted for at least one thousand feet out by the junction with 12,650
the first active entry. 12,651
In coal mines where rock dusting is required, the 12,653
superintendent shall see that a representative sample of dust is 12,654
gathered at each sampling point from the roof, sides, and floor 12,655
of all entries by a competent person once each sixty days and 12,656
tested to determine if any part of the mine requires redusting, 12,657
and a record shall be kept in a book furnished by the division of 12,659
mines and reclamation MINERAL RESOURCES MANAGEMENT for that 12,660
purpose. Such books shall be kept in the mine office. Such 12,661
record shall show the location at which samples have been taken 12,662
and the results of the analyses or tests. The distance between 12,663
sampling points on haulageways and traveling ways shall not 12,664
exceed two thousand feet, but in developing entries and in 12,665
entries producing coal from rooms or pillars and their parallel 12,666
entries the distance between sampling points shall not exceed 12,667
five hundred feet.
No operator of a mine shall refuse or neglect to comply 12,669
with this section. 12,670
Sec. 1563.33. Each operator shall carry out on a 12,679
continuing basis a program to improve the roof control system of 12,680
each coal mine and the means and measures to accomplish such 12,681
system. The roof and ribs of all active underground roadways, 12,682
285
travelways, and working places shall be supported or otherwise 12,683
controlled adequately to protect persons from falls of the roof 12,684
or ribs. A roof control plan and revisions thereof suitable to
the roof conditions and mining system of each coal mine and 12,685
approved by the chief of the division of mines and reclamation 12,686
MINERAL RESOURCES MANAGEMENT shall be adopted and set out in 12,688
printed form on or before January 1, 1977. The plan shall show
the type of support and spacing approved by the chief. Such plan 12,690
shall be reviewed periodically, at least every six months by the 12,692
chief, taking into consideration any falls of roof or ribs or 12,693
inadequacy of support of roof or ribs. No person may proceed
beyond the last permanent support unless adequate temporary 12,694
support is provided or unless such temporary support is not 12,695
required under the approved roof control plan and the absence of 12,696
such support will not pose a hazard to the miners. A copy of the 12,697
plan shall be furnished to the chief or his THE CHIEF'S 12,698
authorized representative and shall be available to the miners 12,699
and their representatives.
No person shall refuse or neglect to comply with this 12,701
section.
Sec. 1563.34. Each operator shall adopt an adequate 12,710
program for improving roof control systems. This program shall 12,713
include a roof control plan, provision for the training of 12,715
miners, a history of all unintentional roof falls, and systematic 12,717
evaluation of the effectiveness of the roof control system in 12,719
use. Each operator shall adopt a roof control plan suitable to 12,720
the roof conditions and the mining system for all underground 12,721
roadways, travelways including escapeways, and working places of 12,723
each mine. Roof control plans shall be filed with the chief of 12,725
the division of mines and reclamation MINERAL RESOURCES 12,726
MANAGEMENT. The chief shall notify the operator in writing of 12,728
the approval of a proposed roof control plan. If revisions are 12,729
required for approval, the changes required will SHALL be 12,730
specified and the operator will SHALL be afforded an opportunity 12,733
286
to discuss the revisions with the chief.
A roof control plan shall include the following 12,735
information:
(A) Name and address of the company; 12,737
(B) Name and address of the mine; 12,739
(C) Names and addresses of the responsible officials; 12,741
(D) Area of the mine covered by the roof control plan; 12,743
(E) A columnar section of the mine strata which THAT 12,745
shall:
(1) Show the name and thickness of the coalbed and any 12,747
persistent partings; 12,749
(2) Identify by type and show the thickness of each 12,751
stratum (rock layer) up to and including the main roof over and 12,753
for ten feet under the coalbed; 12,754
(3) Show the maximum cover over the mining area covered 12,756
included in the roof control plan. 12,758
(F) A description of the sequence of mining and 12,760
installation of supports including temporary supports. The 12,762
description shall include:
(1) Drawings on eight and one-half by eleven inch paper or 12,764
on paper folded to this size, showing the location of all roof, 12,766
face, and rib supports for each method of mining employed at the 12,768
mines. The scale shall be specified and not less than five feet 12,770
to the inch nor more than twenty feet to the inch. A legend 12,772
explaining all the symbols used shall also be included on the 12,773
drawings. 12,774
(2) A list of all roof support materials employed in the 12,776
roof control system including, where applicable, the name of the 12,778
manufacturer and its designation for the item. Prior approval 12,780
shall be obtained before making any changes in the materials 12,782
listed.
No person shall refuse or neglect to comply with this 12,784
section.
Sec. 1563.35. The chief of the division of mines and 12,794
287
reclamation MINERAL RESOURCES MANAGEMENT shall approve roof
control plans on a mine-by-mine basis in accordance with the 12,796
criteria or specifications set forth in this section. Additional 12,797
measures may be required. Roof control plans which THAT do not 12,798
conform to these criteria or specifications may be approved if 12,800
the operator satisfies the chief that the resultant roof 12,801
conditions will provide no less protection to the miners. 12,802
(A) The following criteria apply to full roof bolting 12,804
plans. A full roof bolting plan is one in which roof bolts 12,806
constitute the sole means of roof support at a face as part of 12,808
the normal mining cycle.
(1) Roof bolt assemblies shall meet the following 12,810
specifications: 12,811
(a) All components of the roof bolt assembly shall comply 12,813
with the American national standards institute, "specifications 12,815
for roof bolting materials in coal mines." 12,817
(b) Roof bolts that provide support by creating a beam of 12,819
laminated strata shall be of a length that assures adequate 12,821
anchorage, but in no case may the length of the bolt be less than 12,823
thirty inches.
(c) Roof bolts that provide support by suspending the 12,825
immediate roof from a stronger overlying strata shall be of a 12,826
length that permits anchoring at least twelve inches in the 12,827
stronger strata.
(d) Bearing plates used directly against the mine roof 12,829
shall be not less than six inches square or of equivalent area. 12,830
In exceptional cases where the mine roof is firm and not 12,831
susceptible to sloughing, bearing plates five inches square or of 12,832
equivalent area may be used.
(e) When wooden material such as planks, header blocks, 12,834
and crossbars are used between the bearing plate and the roof for 12,835
additional bearing, the use shall be limited to short life 12,836
openings, not to exceed three years, unless treated. Bearing 12,837
plates used in conjunction with wooden materials shall be not 12,838
288
less than four inches square or of equivalent area.
(f) When washers are used, the shape of such washers shall 12,840
conform to the shape of roof bolt head and the shape of the 12,841
bearing plate and such washers shall be of sufficient strength to 12,842
withstand loads up to the yield point of the roof bolt. 12,843
(2) Full roof bolting plan installation practices shall 12,845
meet the following criteria: 12,846
(a) Finishing bits shall be easily identifiable by sight 12,848
or feel and the diameter should SHALL be within a tolerance of 12,849
plus thirty thousandths of one inch minus zero of the 12,851
manufacturers MANUFACTURER'S recommended hole diameter for the 12,852
anchor used. 12,853
(b) Torque ranges specified in the roof control plan shall 12,855
be capable of providing roof bolt loads to within plus or minus 12,856
one thousand pounds of fifty per cent of either the yield point 12,857
of the roof bolt being used or the anchorage capacity of the 12,858
strata, whichever is less. In no case, however, should SHALL 12,859
installed torques provide loads that exceed the yield point of 12,860
the roof bolt being used or the anchorage capacity. Relationship 12,861
RELATIONSHIPS for determining roof bolt load for torque applied 12,863
are as follows:
Expansion type Pounds of load 12,865
roof bolt per foot-pound 12,866
(in inches) of torque 12,867
Cone neck or 12,868
self-centering roof
bolt
5/8 30 12,869
3/4 30 12,870
Standard roof bolt 12,871
without hard washer
or lubricant
5/8 50 12,873
3/4 40 12,874
289
Standard roof bolt 12,875
with hard washer or
lubricant
5/8 60 12,877
3/4 60 12,878
(c) Each operator shall outline and describe roof bolt 12,881
testing procedures to be followed in the roof control plan. The 12,882
procedures to be followed should SHALL include: 12,883
(i) Providing and maintaining an approved, calibrated 12,885
torque wrench on each roof bolting machine. An approved wrench 12,887
shall be one that will indicate the actual torque on the roof 12,889
bolt.
(ii) Designating a qualified person to spot-check torques 12,891
on at least twenty-five per cent of the roof bolts immediately 12,892
after the working place has been fully bolted. If the majority 12,895
of the installed torques fall outside the recommended range, the 12,897
remaining roof bolts in the working place shall be tested. If 12,899
the majority of the torques still fall outside the recommended 12,900
range, necessary adjustments in the equipment used for tightening 12,901
the roof bolts shall be made immediately. If, after adjustments 12,902
are made and required torques are not achieved, supplementary 12,903
support such as additional roof bolts, longer bolts with adequate 12,904
anchorage, posts, cribs, or crossbars shall be installed. 12,905
(iii) On a daily basis, spot-check torques on at least ten 12,907
per cent of the roof bolts from the outby corner of the last open 12,908
crosscut to the face and record the results. This record shall 12,909
show the number of roof bolts tested, number of roof bolts below 12,910
the recommended range, and the number of roof bolts above the 12,911
recommended range. If results show that a majority of the roof
bolts are not maintaining at least seventy per cent of the 12,912
minimum torque required (fifty per cent if plates bear against 12,913
wood), or have exceeded the maximum required torque by fifty per 12,914
cent, supplementary support such as additional roof bolts, longer 12,915
roof bolts with adequate anchorage, posts, cribs, or crossbars 12,916
290
shall be installed until a review of the adequacy of the roof 12,917
control plan is made by an authorized representative of the
chief.
(d) Devices shall be used to compensate for the angle when 12,919
roof bolts are installed at angles greater than five per cent 12,920
from the perpendicular to the roof line. 12,921
(3) The roof bolting pattern shall meet the following 12,923
criteria:
(a) Roof bolt spacing either lengthwise or crosswise shall 12,925
not exceed five feet. 12,926
(b) Roof bolts shall be installed as close as possible to, 12,928
but not more than five feet from, the rib before a sidecut is 12,929
started.
(c) Roof bolts shall be installed as close as possible to, 12,931
but not more than five feet from, the face before starting 12,932
conventional cutting or a continuous miner run. 12,933
(4) Openings shall not exceed twenty feet in width where 12,935
roof bolting is the sole means of roof support. 12,936
(B) A conventional roof control plan is one in which 12,938
installation of materials other than roof bolts, such as metal or 12,939
wood posts, jacks, or cribs, in conjunction with wooden cap 12,940
blocks (half headers), footers (sills), planks, or beams, are 12,941
installed as the sole means of roof support at a face as part of
the normal mining cycle. The following criteria apply to 12,942
conventional roof control plans: 12,943
(1) Support materials shall meet the following 12,945
specifications:
(a) Posts shall be of solid, straight-grain wood with the 12,947
ends sawed square and free from defects which THAT would affect 12,948
their strength.
(b) The diameter of round posts shall not be less than one 12,950
inch for each fifteen inches of length, but in no case should 12,951
SHALL the diameter be less than four inches; split posts shall 12,953
have a cross-sectional area equal to that required for round 12,954
291
posts to equivalent length.
(c) Wooden cap blocks and footers shall have flat 12,956
paralleled sides and be not less than two inches thick, four 12,957
inches wide, and twelve inches long.
(d) Wooden crossbars and planks shall be straight and of 12,959
solid wood. Crossbars shall have a minimum cross-sectional area 12,960
of twenty-four square inches and the minimum thickness shall be 12,961
three inches. Planks shall have a minimum cross-sectional area 12,962
of eight square inches and a minimum thickness of one inch. 12,963
(e) Cribbing material shall be of wood having parallel 12,965
flat sides. In no case may the crib be less than thirty inches 12,967
square.
(2) Conventional roof control plan installation practices 12,969
shall meet the following criteria: 12,970
(a) No more than two wooden wedges should SHALL be used to 12,972
install a post. 12,973
(b) Posts shall not be installed under roof susceptible to 12,975
sloughing or under disturbed roof without a wooden cap block, 12,976
plank, or crossbar between the post and the roof. 12,977
(c) Posts shall be installed tight and on solid footing. 12,979
(d) Blocks used for lagging between the roof and wooden 12,981
crossbars, planks, or metal bars shall be spaced so that the load 12,982
on the supports will be equally distributed. 12,983
(e) Cap blocks should SHALL be used between jacks and the 12,985
roof.
(3) The support pattern shall meet the following criteria: 12,987
(a) Spacing of roadway roof supports shall not exceed five 12,989
feet.
(b) Width of roadways shall not exceed fourteen feet on 12,991
the straight and sixteen feet on the curves. 12,992
(c) Roof supports shall be installed to within five feet 12,994
of the uncut face; however, the supports nearest the face may be 12,996
removed to facilitate the operation of face equipment if 12,998
equivalent temporary support is installed prior to removal. 13,000
292
(d) When an opening is no longer needed for storing 13,002
supplies or for travel of equipment, the roof at the entrance of 13,003
all such openings along travelways shall be supported by 13,005
extending the post line across the opening.
(4) Openings shall not exceed twenty feet in width where 13,007
the roof is supported solely by conventional means. 13,009
(C) The following criteria apply to combination roof 13,011
control plans. For a plan where both roof bolts and conventional 13,013
supports are used for roof control at the face, the criteria for 13,015
a full roof bolting plan and a conventional roof control plan 13,017
shall apply with the following modifications:
(1) Any place being driven over twenty feet in width shall 13,019
be supported in compliance with a combination roof control plan. 13,020
(2) The roadway shall be limited to sixteen feet in width 13,022
on both the straight and the curves to within ten feet of the 13,024
uncut face.
(3) A row of posts shall be set for each five feet of 13,026
space between the roadway posts and the ribs. 13,027
(4) Openings shall not exceed thirty feet in width. 13,029
(D) The following criteria apply to spot roof bolting 13,031
plans. Spot roof bolting may be used only as a supplement to the 13,032
approved roof control plan at random locations where adverse roof 13,033
conditions are encountered. Where spot roof bolting is used, the 13,034
criteria in divisions (A)(1) and (2) of this section shall apply. 13,035
In addition, roof bolts shall be installed in accordance with
roof conditions, but in no case should SHALL spacing exceed four 13,036
feet lengthwise and crosswise. Roof bolting should SHALL begin 13,038
under safe roof and continue for the length of the adverse roof 13,040
condition until safe roof is again encountered.
(E) The following criteria apply to pillar recovery plans. 13,042
Any reduction in pillar size during second mining or intentional 13,043
retreat mining shall be considered pillar recovery: 13,044
(1) Division (A), (B), or (C) of this section shall apply 13,046
depending on whether the pillar recovery plan calls for 13,048
293
conventional support or a combination of conventional support and 13,050
roof bolting.
(2) During development, the size and shape of the pillars 13,052
shall be dictated by the depth of cover, height of coal, and 13,054
other conditions associated with the coal bed. The smallest 13,056
dimension of the pillar may not be less than twenty feet. 13,058
(3) Pillar splits and lifts may not exceed twenty feet in 13,060
width.
(4) A minimum of two rows of breaker posts or the 13,062
equivalent shall be installed on not more than four foot centers 13,064
across each opening leading into pillared areas and such posts 13,066
should SHALL be installed before production is started. Such 13,068
posts shall be installed near the breakline between the lift 13,069
being started and the gob. 13,070
(5) A row of roadside-radius (turn) posts or the 13,072
equivalent shall be installed on not more than four foot centers 13,074
leading into pillar splits, including secondary splits in slabs, 13,076
wings, or fenders.
(6) The width of the roadway leading from the solid 13,078
pillars to a final stump (pushout) may not exceed fourteen feet. 13,080
At least two rows of posts or their equivalent shall be set on 13,082
each side of the roadway on not more than four foot centers. 13,084
Only one open roadway leading to a final stump (pushout) may be 13,085
permitted. 13,086
(7) Before full pillar recovery is begun in areas where 13,088
roof bolts were used as the sole means of roof support and 13,090
openings are more than sixteen feet wide, supplementary support 13,092
shall be installed on either side on not more than four foot 13,094
centers lengthwise, and the width of all roadways may not exceed 13,096
sixteen feet. These supports shall be extended from the entrance 13,097
to the split for at least one full pillar outby the pillar in 13,098
which the split is being made. 13,100
(8) The following criteria shall apply to open end 13,102
pillaring:
294
(a) At least two rows of breaker posts or their equivalent 13,104
shall be installed between the lift being started and the gob on 13,105
not more than four foot centers before the initial cut is made 13,106
and shall be extended to within seven feet of the face. The 13,107
width of the roadway may not exceed fourteen feet.
(b) If the roof in open end pillaring has a tendency to 13,109
hang, falls shall be made, or cribs installed in addition to the 13,110
breakline posts between the active lift and the hanging area. 13,111
The cribs may be set not more than eight feet apart. Heavy duty 13,112
hydraulic jacks set at centers close enough to give equivalent 13,113
support may be substituted for cribs, if such jacks are removed
remotely. 13,114
(F) The following criteria apply to special roof control 13,116
plans. A special roof control plan shall be adopted and followed 13,117
when support is installed on an intermittent basis, but only at 13,118
predetermined locations, such as at intersections, or when 13,119
equipment is especially designed to provide either natural or 13,120
artificial support as the coal is mined. Special roof control
plans also cover experimental installations using new devices, 13,121
materials, or methods for roof support. 13,122
(1) The following criteria apply to mining methods using 13,124
continuous miners with integral roof bolting equipment where roof 13,125
bolts are the sole means of roof support. 13,126
(a) The distance between roof bolts shall not exceed eight 13,128
feet crosswise, unless additional material such as wooden planks, 13,129
wooden beams, or metal straps are installed in conjunction with 13,130
the roof bolts. Roof bolts installed more than eight feet, but 13,131
less than nine feet apart shall be supplemented with a wooden 13,133
plank at least two inches thick by eight inches wide or its
equivalent. Roof bolts installed more than nine feet, but less 13,134
than ten feet apart shall be supplemented with a wooden plank at 13,135
least three inches thick by eight inches wide or its equivalent. 13,136
Roof bolts may not be installed more than ten feet apart. 13,138
(b) Work in intersections, pillar splits, or other such 13,140
295
places may not be started until additional support has been 13,142
installed where the roof is supported with only two roof bolts 13,144
crosswise. Such support shall reduce bolt spacing to a maximum 13,146
of five feet.
(c) The maximum opening width where the roof may be 13,148
supported by only two roof bolts crosswise is sixteen feet. 13,150
(d) The distance between the last row of bolts and the 13,152
face may not exceed the distance from the head of the machine to 13,154
the integral roof bolting equipment before starting a continuous 13,156
miner run.
(2) Before any new support materials, devices, or systems 13,158
are used as a sole means of roof support, their effectiveness 13,159
shall be demonstrated by experimental installations in areas 13,160
approved by the chief.
(G) The following criteria apply to temporary supports: 13,162
(1) The following criteria apply to the installation of 13,164
temporary supports in faces: 13,166
(a) In areas where permanent artificial support is 13,168
required temporary support shall be used until such permanent 13,170
support is installed.
(b) Only those persons engaged in installing temporary 13,172
support may be allowed to proceed beyond the last permanent 13,174
support until such temporary supports are installed. 13,176
(c) A minimum of two temporary supports shall be installed 13,178
on not more than five foot centers and within five feet of the 13,180
rib or face when work is being done between such support and the 13,182
nearest rib or face. At least four temporary supports shall be 13,184
installed on not more than five foot centers when work is being 13,186
done in other areas of the face inby the last permanent support. 13,187
No person may be permitted to proceed beyond temporary support in 13,189
any direction unless such support is within five feet of the rib 13,190
face or permanent support. 13,192
(2) During rehabilitation work such as rebolting, 13,194
installing crossbars, or other permanent roof support, taking 13,196
296
down loose roof, and cleaning up falls of roof, temporary roof 13,198
supports shall be installed and the following criteria shall 13,200
apply:
(a) Where rebolting work is beng BEING done or crossbars 13,202
are being installed, at least two rows of temporary supports on 13,205
not more than five foot centers shall be installed across the 13,207
place so that the work in progress is done between the installed 13,209
temporary supports and permanent roof supports installed in sound 13,210
roof. The distance between the permanent supports and the 13,211
nearest temporary supports may not exceed five feet. 13,213
(b) Tools used to take down loose material shall be of a 13,215
design that will enable workmen WORKERS to perform their duties 13,217
from a safe position without exposure to falling material. Where 13,220
loose material is being taken down, a minimum of two temporary 13,222
supports on centers of not more than five feet shall be set 13,223
between the workmen WORKERS and the material if such work cannot 13,224
be done from an area supported by permanent roof supports. 13,227
(c) Where roof falls have occurred, a minimum of four 13,229
temporary supports shall be set before starting any work in and 13,231
around the affected area. These supports shall be located so as 13,233
to provide the maximum protection for persons working in the 13,235
area.
(H) Any operator who intends to recover roof supports 13,237
shall include a detailed plan for such recovery in the roof 13,239
control plan. The following criteria apply to recovery 13,241
procedures:
(1) Recovery shall be done only under the direct 13,243
supervision of a general mine foreman FOREPERSON, mine foreman 13,245
FOREPERSON, or section foreman FOREPERSON. 13,246
(2) Except where circumstances preclude such assignment, 13,248
only experienced miners shall be assigned to such work. 13,250
(3) The person supervising recovery shall make a careful 13,252
examination and evaluation of the roof and designate each support 13,254
to be recovered. 13,255
297
(4) Supports may not be recovered in the following areas: 13,257
(a) Where roof fractures are present or there ar ARE other 13,259
indications of the roof being structurally weak; 13,261
(b) Where any second mining has been done; 13,263
(c) Where torque readings on roof bolts or visual 13,265
observations of conventional support indicate excessive loading. 13,267
(5) Two rows of temporary supports on not more than four 13,269
foot centers, lengthwise and crosswise, shall be set across the 13,271
place, beginning not more than four feet inby the support being 13,273
recovered. In addition, at least one temporary support shall be 13,275
provided as close as practicable to the support being recovered. 13,277
(6) Temporary supports used may not be recovered unless 13,279
recovery is done remotely from under roof where the permanent 13,281
supports have not been disturbed and two rows of temporary 13,283
support, set across the place on four foot centers, are 13,285
maintained at all times between the workmen WORKERS and the
unsupported area. 13,286
(7) No one may be permitted to enter any area from which 13,288
supports have been recovered. 13,290
(8) Entrances to the areas from which supports are being 13,292
recovered shall be marked with danger signs placed at conspicuous 13,294
locations. The danger signs will SHALL suffice as long as 13,296
further support recovery work is being done in the area. If the 13,298
recovery work is completed or suspended for three or more days, 13,299
the areas shall be barricaded. 13,300
(I) No person shall refuse or neglect to comply with this 13,302
section. 13,303
Sec. 1563.37. (A) The operator, in accordance with the 13,312
approved plan, shall provide at or near each working face and at 13,313
such other locations in the coal mines as the chief of the 13,314
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 13,315
may prescribe an ample supply of suitable materials of proper 13,316
size with which to secure the roof of all working places in a 13,317
safe manner. Safety posts, jacks, or other approved devices 13,318
298
shall be used to protect the workmen WORKERS when roof material 13,319
is being taken down, crossbars are being installed, roof bolt 13,320
holes are being drilled, roof bolts are being installed, and in 13,321
such other circumstances as may be appropriate. Loose roof and 13,322
overhanging or loose faces and ribs shall be taken down or
supported. Except in the case of recovery work, supports knocked 13,323
out shall be replaced promptly. 13,324
(B) The operator shall have an adequate supply of roof 13,326
support material (including temporary supports) as specified in 13,327
the approved roof control plan for the type of mining being 13,328
conducted as close as practical to the working face, but not 13,329
farther away than the first open crosscut outby the working face
unless storing of such supplies in this area poses a hazard to 13,330
the miner. In such cases supplies shall be stored at an 13,331
alternate location approved by an authorized representative of 13,333
the chief. Where mining equipment such as roof drilling machines 13,335
or timbering machines are required to install the supports, such 13,337
support material may be transported from place to place on the 13,338
equipment. An adequate supply shall be defined as sufficient 13,339
material including temporary supports, to support roof exposed by 13,341
one complete cycle of mining. An additional supply of 13,343
supplementary roof support materials, such as posts, jacks, 13,345
crossbars, or different length roof bolts, shall be located 13,346
within fifty feet of each working section in the event adverse 13,347
roof conditions, such as water coming from the roof, slips, 13,349
washouts, wants, OR roof cracks, are encountered. 13,350
(C) When installation of roof bolts is permitted, such 13,352
roof bolts shall be tested in accordance with the approved roof 13,354
control plan.
(D) The criteria which THAT may be required in the roof 13,356
control plan for testing installed roof bolts are set forth in 13,359
divisions (A)(2)(c)(ii) and (iii) of section 1563.35 of the 13,361
Revised Code.
(E) Roof bolts shall not be recovered where complete 13,363
299
extractions of pillars are attempted, where adjacent to clay 13,364
veins, or at the locations of other irregularities, whether 13,365
natural or otherwise, that induce abnormal hazards. Where roof 13,366
bolts recovery is permitted, it may be conducted only in
accordance with methods prescribed in the approved roof control 13,367
plan, and it shall be conducted by experienced miners, but only 13,369
where adequate temporary support is provided. 13,371
(F) To assure that miners are protected during roof bolt 13,373
recovery work, the operator shall conform with criteria set forth 13,375
in division (H) of section 1563.35 of the Revised Code. 13,377
(G) Where miners are exposed to danger from falls of roof, 13,379
face, and ribs, the operator shall examine and test the roof, 13,381
face, and ribs before any work or machine is started, and as 13,383
frequently thereafter as may be necessary to insure safety. When 13,385
dangerous conditions are found, they shall be corrected 13,386
immediately. 13,387
(H) No person shall refuse or neglect to comply with this 13,389
section. 13,390
Sec. 1563.40. The operator shall effectively close or 13,399
fence all openings to mines abandoned after June 3, 1941, so that 13,400
persons or animals cannot inadvertently enter therein. 13,401
Abandoned vertical shafts and other abandoned openings 13,404
leading to underground workings, which shafts and other openings 13,405
are abandoned after August 26, 1949, shall be closed within 13,406
ninety days after abandonment as follows:
(A) Vertical shafts shall be completely filled with earth 13,408
or other noncombustible material, or the top of such shaft shall 13,410
be covered with a substantial reinforced concrete slab, the 13,411
design of which has been approved by the chief of the division of 13,412
mines and reclamation MINERAL RESOURCES MANAGEMENT. 13,413
(B) Other openings not potentially usable in later mining 13,415
operations shall be closed with earth or masonry in a way which 13,416
THAT may reasonably be expected to prevent unauthorized persons 13,418
from entering the same. 13,419
300
No operator of a mine shall refuse or neglect to comply 13,421
with this section. 13,422
Sec. 1563.41. The operator of a mine, before sealing off 13,431
any abandoned workings, shall obtain the approval of the deputy 13,432
mine inspector and the chief of the division of mines and 13,433
reclamation MINERAL RESOURCES MANAGEMENT. The seals used in 13,436
sealing off such workings, when approved by the chief, shall be 13,437
constructed of not less than eighteen-inch concrete or masonry 13,438
bulkheads effectively anchored to the ceiling, ribs, and floor, 13,439
except where seals are used to seal abandoned individual panel or 13,440
room entries, they shall be constructed of concrete or masonry 13,441
bulkheads not less than six inches in thickness effectively 13,442
anchored to the ceiling, ribs, and floor in a manner approved by 13,443
the deputy mine inspector and the chief. All seals are to be 13,444
bled or drained of gas in a manner approved by the deputy mine 13,445
inspector and the chief.
No operator of a mine shall refuse or neglect to comply 13,447
with this section. 13,448
Sec. 1563.42. The operator of a mine, before the pillars 13,458
are drawn previous to the abandonment of any part of the mine, 13,459
shall have a correct map of such part of the mine made, showing 13,460
its area and workings to the day of the abandonment and the 13,461
pillars drawn previous to abandonment;, and file such map within 13,462
ninety days after the abandonment of such mine, in the office of 13,463
the county recorder of the county where such mine is located, and 13,464
with the chief of the division of mines and reclamation MINERAL 13,465
RESOURCES MANAGEMENT. Such map shall have attached the usual 13,467
certificate of the mining engineer making it, and the mine 13,468
foreman FOREPERSON in charge of the underground workings of the 13,469
mine, and such operator shall pay to the recorder for filing such 13,470
map, a fee of five dollars. 13,471
No operator of a mine shall refuse or neglect to comply 13,473
with this section. 13,474
Sec. 1563.43. The operator of a mine shall give notice to 13,484
301
the chief of the division of mines and reclamation MINERAL
RESOURCES MANAGEMENT when: 13,485
(A) A change occurs in the name of a mine, in the name of 13,487
the operator thereof, or in the officers of an incorporated 13,488
company owning or operating such mine; 13,489
(B) Work is commenced opening a new shaft, slope, or mine; 13,491
(C) A mine is abandoned, or the working thereof is 13,493
discontinued; 13,494
(D) The working of a mine is commenced, after an 13,496
abandonment or discontinuance thereof for a period of more than 13,497
three months; 13,498
(E) The pillars of a mine are about to be removed or 13,500
robbed; 13,501
(F) A squeeze, crush, or fire occurs, or a dangerous body 13,503
of gas is found, or any cause or change occurs that may seem to 13,504
affect the safety of persons employed therein. 13,505
No operator of a mine shall refuse or neglect to comply 13,507
with this section. 13,508
Sec. 1563.46. If the appliances of a mine for the safety 13,518
of the persons working therein do not conform to this chapter and 13,520
Chapters 1509., 1561., 1565., and 1567. of the Revised Code, or 13,522
if the owner, lessee, or agent disregards the requirements of 13,524
such chapters, on application by the chief of the division of 13,525
mines and reclamation MINERAL RESOURCES MANAGEMENT, in the name 13,526
of the state, any court of competent jurisdiction may enjoin or 13,529
restrain the owner, lessee, or agent from operating such mine, 13,530
until it conforms to such chapters. Such remedy shall be 13,531
cumulative, and shall not affect any other proceedings authorized 13,533
against the owner, lessee, or agent for the matter complained of 13,535
in the action. The attorney general shall represent the chief in 13,536
all actions under this section.
Sec. 1565.05. The operator of a mine shall keep on file a 13,546
copy of the certificate of each mine foreman FOREPERSON, foreman 13,547
FOREPERSON, and fire boss in his THE OPERATOR'S employ or under 13,549
302
his THE OPERATOR'S control. Such certificate shall be exhibited 13,550
to the chief of the division of mines and reclamation MINERAL 13,551
RESOURCES MANAGEMENT, or any deputy mine inspector, upon his 13,552
demand.
No operator of a mine shall refuse or neglect to comply 13,554
with this section.
Sec. 1565.06. (A) In emergencies arising at a mine 13,563
because of accident, death, illness, or any other cause, an 13,564
operator may appoint noncertificate men PERSONS as foremen 13,566
FOREPERSONS and fire bosses to act until certified foremen 13,567
FOREPERSONS and fire bosses satisfactory to him THE OPERATOR can 13,569
be secured. Such appointee may not serve in such capacity for a 13,571
period longer than six months or until such time thereafter as an 13,572
examination is held for such certified men PERSONS under section 13,573
1561.13 of the Revised Code. The employer of such noncertificate 13,575
man PERSON shall, upon appointment of such noncertificate man 13,576
PERSON in this capacity, forward the name of such noncertificate 13,577
man PERSON to the chief of the division of mines and reclamation 13,578
MINERAL RESOURCES MANAGEMENT.
(B) An operator may appoint as a temporary foreman 13,580
FOREPERSON or fire boss a noncertificate person who is within six 13,582
months of possessing the necessary actual practical experience to 13,583
qualify to take the examination for certification for the 13,584
position to which the person is temporarily appointed. Upon 13,585
appointment of a noncertificate person, the operator shall 13,586
forward the name, social security number, and brief summary of 13,587
the person's actual practical experience to the mine examining 13,588
board, and the board shall issue the person a temporary 13,589
certificate for the position to which the person has been 13,590
temporarily appointed. A temporary certificate issued under this 13,591
division is valid for six months or until such time thereafter as 13,592
an examination is held under section 1561.13 of the Revised Code 13,593
for the position to which the person has been temporarily 13,595
appointed.
303
(C) A person who possesses a valid certificate issued by 13,597
another state for a position for which the mine examining board 13,598
issues a certificate shall be eligible for a temporary 13,599
certificate from the board upon presentation to the board of a 13,600
copy of the certificate from that other state. A temporary 13,601
certificate issued under this division shall be valid for six 13,602
months. 13,603
No operator of a mine shall violate or fail to comply with 13,605
this section. 13,606
Sec. 1565.07. The superintendent in charge of a mine shall 13,615
direct the mine foreman FOREPERSON in such manner as is necessary 13,617
to secure compliance with this chapter and Chapters 1561., 1563., 13,618
AND 1567., and sections 1509.18 and 1509.19 of the Revised Code. 13,619
The superintendent may act as mine foreman FOREPERSON, but if he 13,621
THE SUPERINTENDENT does so act regularly, he THE SUPERINTENDENT 13,622
shall obtain a certificate from the mine examining board in the 13,624
same manner as the certification of mine foremen FOREPERSON is 13,625
obtained.
A person designated as a superintendent of an underground 13,627
coal mine after January 1, 1977, shall, within six months after 13,628
being so designated, demonstrate to the chief of the division of 13,630
mines and reclamation MINERAL RESOURCES MANAGEMENT that he THE 13,631
PERSON has knowledge of the mining laws of this state governing 13,634
the operation of underground coal mines either by presenting 13,635
evidence that he THE PERSON has passed a mine foreman FOREPERSON 13,636
examination given by the mine examining board or an examination 13,637
given by the chief concerning the laws of this state governing 13,639
the operation of underground coal mines. 13,641
No person shall refuse or neglect to comply with this 13,643
section. 13,644
Sec. 1565.08. If a person certified by the mine examining 13,654
board willfully PURPOSELY violates the mining laws, his THE 13,656
PERSON'S certificate may be revoked after investigation and a 13,658
hearing in accordance with sections 119.01 to 119.13 CHAPTER 119. 13,659
304
of the Revised Code, by the chief of the division of mines and 13,661
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 13,662
the mine examining board. 13,663
No person whose license, certificate, or similar authority 13,665
to perform any certifiable mining duties in another state is 13,666
suspended or revoked by that state shall be certified for an 13,667
equivalent mining certificate in this state during the period of 13,668
the suspension or revocation in the other state. 13,669
Sec. 1565.11. The miners employed in a mine may appoint 13,679
two of their number to act as a safety committee to inspect, not 13,680
more often than once each month, the mine and the machinery 13,681
connected therewith, and to measure the ventilating current. The 13,682
operator may accompany such committee, or appoint two or more
persons for that purpose. The operator shall afford every 13,683
necessary facility for making such inspection and measurement, 13,684
but the committee shall not interrupt or impede the work in the 13,685
mine, at the time of such inspection and measurement. After such 13,686
inspection and measurement, such committee shall forthwith make a 13,687
report thereof to the chief of the division of mines and
reclamation MINERAL RESOURCES MANAGEMENT, on a blank furnished by 13,689
him THE CHIEF.
No operator of a mine shall refuse or neglect to comply 13,691
with this section, and no such person shall violate this section. 13,692
Sec. 1565.12. When a loss of life is occasioned by 13,701
accident in any mine, the operator thereof shall forthwith give 13,702
notice thereof to the chief of the division of mines and 13,703
reclamation MINERAL RESOURCES MANAGEMENT, and to the deputy mine 13,705
inspector in charge of the district. Such notice shall be given 13,706
by telephone or telegraph. The operator of such mine shall, 13,707
within twenty-four hours after such accident causing loss of 13,708
life, send a written report of the accident to the chief. Such 13,709
written report shall specify the character and cause of said THE 13,710
accident, the names of the persons killed, and the nature of the
injuries which THAT caused death. In the case of injury 13,711
305
thereafter resulting in death, the operator shall send a written 13,713
notice thereof to the chief, and to the deputy mine inspector of 13,714
such district, at such time as such death comes to his THE 13,715
OPERATOR'S knowledge. 13,716
No operator of a mine shall refuse or neglect to comply 13,718
with this section. 13,719
Sec. 1565.15. (A) As used in this section: 13,728
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency 13,732
medical service organization" have the same meanings as in 13,733
section 4765.01 of the Revised Code.
(2) "First aid provider" includes an EMT-basic, an EMT-I, 13,737
a paramedic, or a supervisory employee at a surface coal mine who 13,738
has satisfied the training requirements established in division 13,739
(D)(1) of this section. 13,740
(B) The operator of an underground coal mine where twenty 13,742
or more persons are employed on a shift, including all persons 13,743
working at different locations at the mine within a ten-mile 13,744
radius, shall provide at least one EMT-basic or EMT-I on duty at 13,747
the underground coal mine whenever employees at the mine are
actively engaged in the extraction, production, or preparation of 13,748
coal. The operator shall provide EMTs-basic or EMTs-I on duty at 13,751
the underground coal mine at times and in numbers sufficient to 13,752
ensure that no miner works in a mine location that cannot be 13,753
reached within a reasonable time by an EMT-basic or an EMT-I. 13,754
EMTs-basic and EMTs-I shall be employed on their regular coal 13,756
mining duties at locations convenient for quick response to
emergencies in order to provide emergency medical services inside 13,758
the underground coal mine and transportation of injured or sick 13,760
employees to the entrance of the mine. The operator shall
provide for the services of at least one emergency medical 13,761
service organization to be available on call to reach the 13,762
entrance of the underground coal mine within thirty minutes at 13,763
any time that employees are engaged in the extraction, 13,765
production, or preparation of coal in order to provide emergency 13,766
306
medical services and transportation to a hospital. 13,767
The operator shall make available to EMTs-basic and EMTs-I 13,770
all of the equipment for first aid and emergency medical services 13,771
that is necessary for those personnel to function and to comply 13,772
with the regulations pertaining to first aid and emergency 13,773
medical services that are adopted under the "Federal Mine Safety 13,775
and Health Act of 1977," 91 Stat. 1290, 30 U.S.C.A. 801, and 13,776
amendments to it. The operator of the underground coal mine 13,777
shall install telephone service or equivalent facilities that 13,778
enable two-way voice communication between the EMTs-basic or 13,779
EMTs-I in the mine and the emergency medical service organization 13,780
outside the mine that provides emergency medical services on a 13,781
regular basis.
(C) The operator of a surface coal mine shall provide at 13,783
least one first aid provider on duty at the mine whenever 13,785
employees at the mine are actively engaged in the extraction, 13,786
production, or preparation of coal. The operator shall provide 13,787
first aid providers on duty at the surface coal mine at times and 13,789
in numbers sufficient to ensure that no miner works in a mine 13,790
location that cannot be reached within a reasonable time by a 13,791
first aid provider. First aid providers shall be employed on 13,792
their regular coal mining duties at locations convenient for 13,793
quick response to emergencies in order to provide emergency 13,794
medical services and transportation of injured or sick employees 13,795
to the entrance of the surface coal mine. The operator shall 13,797
provide for the services of at least one emergency medical 13,798
service organization to be available on call to reach the
entrance of the surface coal mine within thirty minutes at any 13,800
time that employees are engaged in the extraction, production, or 13,801
preparation of coal in order to provide emergency medical 13,803
services and transportation to a hospital.
The operator shall make available to first aid providers 13,805
all of the equipment for first aid and emergency medical services 13,806
that is necessary for those personnel to function and to comply 13,807
307
with the regulations pertaining to first aid and emergency 13,808
medical services that are adopted under the "Federal Mine Safety 13,810
and Health Act of 1977," 91 Stat. 1290, 30 U.S.C.A. 801, and 13,812
amendments to it, including, without limitation, a portable 13,813
oxygen cylinder with a medical regulator and oxygen delivery 13,814
system.
(D)(1) A supervisory employee at a surface coal mine shall 13,817
be considered to be a first aid provider for the purposes of this 13,818
section if the employee has received from an instructor approved 13,819
by the chief of the division of mines and reclamation MINERAL 13,820
RESOURCES MANAGEMENT ten hours of initial first aid training as a 13,822
selected supervisory employee under 30 C.F.R. 77.1703 and 13,823
receives five hours of refresher first aid training as a selected 13,824
supervisory employee under 30 C.F.R. 77.1705 in each subsequent 13,825
calendar year.
(2) Each miner employed at a surface coal mine who is not 13,827
a first aid provider shall receive from an instructor approved by 13,828
the chief three hours of initial first aid training and two hours 13,829
of refresher first aid training in each subsequent calendar year. 13,830
(3) The training received in accordance with division (D) 13,832
of this section shall consist of a course of instruction 13,833
established in the manual issued by the mine safety and health 13,834
administration in the united states UNITED STATES department of 13,836
labor entitled "First FIRST aid, A Bureau A BUREAU of Mines 13,838
Instruction Manual MINES INSTRUCTION MANUAL" or its successor or 13,840
any other curriculum approved by the chief. The training shall
be included in the hours of instruction provided to miners in 13,842
accordance with training requirements established under 30 C.F.R. 13,843
part 48, subpart (b)(B), as amended, and 30 C.F.R. part 77, as 13,844
amended.
(E) Each operator of a surface coal mine shall establish, 13,846
keep current, and make available for inspection an emergency 13,847
medical plan that includes the telephone numbers of the division 13,848
of mines and reclamation MINERAL RESOURCES MANAGEMENT and of an 13,849
308
emergency medical services organization the services of which are 13,851
required to be retained under division (C) of this section. The 13,852
chief shall adopt rules in accordance with Chapter 119. of the 13,853
Revised Code that establish any additional information required 13,854
to be included in an emergency medical plan. 13,856
(F) Each operator of an underground coal mine or surface 13,859
coal mine shall provide or contract to obtain emergency medical 13,860
services training or first aid training, as applicable, at the 13,861
operator's expense, that is sufficient to train and maintain the 13,863
certification of the number of employees necessary to comply with 13,864
division (B) of this section and that is sufficient to train 13,865
employees as required under division (D) of this section and to 13,866
comply with division (C) of this section.
(G) The division may provide emergency medical services 13,869
training for coal mine employees by operating an emergency
medical services training program accredited under section 13,870
4765.17 of the Revised Code or by contracting with the operator 13,871
of an emergency medical services training program accredited 13,872
under that section to provide that training. The division may 13,874
charge coal mine operators a uniform part of the unit cost per 13,875
trainee.
(H) No coal mine operator shall violate or fail to comply 13,878
with this section.
Sec. 1567.02. In the operation of mines, mine owners, 13,887
lessees, and their agents may continue to use the type of 13,889
appliance and machinery owned or operated in such mines on 13,890
September 2, 1941, in the manner permitted by the statutes in 13,891
force on June 3, 1941, and until the mine in which such
appliances or machinery are located is exhausted or abandoned; in 13,893
the use of such appliances or machinery, they shall comply with 13,894
the rules of the chief of the division of mines and reclamation 13,895
MINERAL RESOURCES MANAGEMENT. In gaseous mines, as parts of such 13,897
machinery or appliances become worn out and have to be replaced, 13,898
the chief or the deputy mine inspector shall order that such 13,900
309
replacement parts put the machinery or appliance in a condition 13,902
or state, as far as practicable, to meet the requirements of the 13,903
United States bureau of mines for permissible machinery or 13,904
appliances; in case any piece of machinery or appliance is worn
out and is not so connected with the use of other machinery and 13,905
appliances as to make it necessary to replace such worn-out piece 13,906
with the same type in order to continue the use of the connected 13,907
appliances and machinery, the machinery or appliance purchased 13,908
for such replacement shall be of a type made lawful under this 13,909
chapter and Chapters 1561., 1563., and 1565. of the Revised Code, 13,910
which in gaseous mines shall be of permissible or approved type. 13,912
The chief, in making such rules, shall incorporate therein the 13,913
statutes in force on June 3, 1941, governing the use of such 13,915
appliances and machinery. If in his THE CHIEF'S opinion such 13,916
statutes do not provide the required protection, additional rules 13,918
to cover such use shall be made by him THE CHIEF or by the deputy 13,919
mine inspector, with his THE CHIEF'S approval. The deputy mine 13,920
inspector and the electrical inspector shall, in their periodic 13,922
inspection of the mines, report on the condition of all machinery 13,923
and appliances to see that this section is being complied with. 13,925
Sec. 1567.08. The mine foreman FOREPERSON shall each day 13,934
enter plainly or have entered in ink, in a book provided for that 13,935
purpose, a report of the condition of the mine, which report 13,936
shall clearly state any danger that such mine foreman FOREPERSON 13,938
has observed during the day, or any danger reported to him THE 13,939
MINE FORPERSON by his THE MINE FOREPERSON'S assistants, the fire 13,940
bosses, or the shot firers when employed. The report shall also 13,942
state whether or not there is a proper supply of material on hand 13,943
for the safe working of the mine, and whether or not the 13,944
requirements of the law are complied with. He THE MINE 13,945
FOREPERSON shall also, once each week, enter plainly or have
entered in ink, in said THE book, a true report of all air 13,947
measurements required by this chapter and Chapters 1561., 1563., 13,949
and 1565. of the Revised Code, designating the place, the area of 13,951
310
each break-through and entry separately, the velocity of the air 13,952
in each break-through and entry, and the number of men WORKERS 13,953
employed in each separate split of air, with the date when the 13,955
measurements were taken. Said THE book shall be kept in the mine 13,957
office at the mine, for examination by the deputy mine inspector, 13,958
and by any person working in the mine, in the presence of the 13,959
mine foreman FOREPERSON. The mine foreman FOREPERSON shall each 13,960
day personally sign and certify to all facts entered and recorded 13,961
in such book. 13,962
The mine foreman FOREPERSON shall each day read carefully 13,964
and personally sign in ink, and certify to such facts, all 13,965
reports entered in the record book of the fire bosses. 13,966
The record books shall be prescribed and supplied by the 13,968
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 13,969
and purchased by the operator. 13,970
No person shall refuse or neglect to comply with this 13,972
section. 13,973
Sec. 1567.09. The operator of a mine shall provide and 13,983
maintain the necessary artificial means of capacity and power 13,984
capable of supplying the required ventilation, and shall maintain 13,985
a sufficient volume of air, not less per minute than one hundred 13,986
fifty cubic feet for each person measured at the point in the 13,987
mine where distribution to the various working sections begins 13,988
and distributed to the working faces so as to expel or dilute and 13,989
render harmless, explosive, poisonous, and noxious gases. The 13,990
air shall be measured at the last entry break-through in each 13,991
working section to see that a sufficient volume of air, not less 13,992
than nine thousand cubic feet per minute, is being distributed at 13,993
such point;, provided that in gaseous mines the volume of air 13,994
maintained for each person shall be not less than two hundred 13,995
cubic feet per minute measured at the point in the mine where 13,996
distribution to the various working sections begins. 13,997
No more than sixty-five men WORKERS shall be permitted to 13,999
work on one continuous current of air or split of air except with 14,000
311
the written consent of the chief of the division of mines and 14,002
reclamation MINERAL RESOURCES MANAGEMENT, and in no case shall 14,003
the number of men WORKERS exceed ninety.
Air in which men WORKERS work or travel in mines shall be 14,005
improved when it contains less than nineteen and one-half per 14,007
cent oxygen, or more than one-half of one per cent carbon 14,008
dioxide, or is contaminated with noxious or poisonous gases. If 14,009
the air immediately returning from a split that ventilates any 14,010
group of active workings contains more than one per cent methane, 14,011
as determined with a permissible flame safety lamp, by air 14,012
analysis, or by other recognized means of accurate detection, the 14,013
ventilation shall be improved. If the air immediately returning 14,014
from such a split contains one and one-half per cent methane, the 14,015
employees shall be withdrawn from the mine or the portion of the 14,016
mine affected thereby, and all power shall be cut off from such 14,017
mine or portion of the mine until such dangerous condition has 14,018
been corrected. If the air immediately returning from such a 14,019
split contains one and one-half per cent or more of methane, but 14,020
not more than two per cent of methane, withdrawal of the 14,021
employees from such mine or portion of the mine and shutting off 14,022
all power from such mine or portion of the mine shall not be 14,023
required if all of the following requirements are met: 14,024
(A) The volume of air provided and maintained in such 14,026
split is equal to or in excess of eighteen thousand cubic feet of 14,027
air per minute; 14,028
(B) Only permissible electric equipment is used; 14,030
(C) The air does not pass over trolley or other bare power 14,032
wires; 14,033
(D) An official certified under this chapter and Chapters 14,035
1561., 1563., and 1565. of the Revised Code is continually 14,037
testing the gas content of the air during the mining operations 14,038
therein.
At working faces and other places where methane has 14,040
accumulated and is likely to attain an explosive mixture, 14,041
312
blasting shall not be done and the men WORKERS shall be removed 14,042
from such working faces or places until such condition has been 14,044
corrected.
When the methane content of air in face operations exceeds 14,046
one per cent at any point twelve or more inches from the roof, 14,047
face, or rib, as determined by a permissible methane detector, a 14,048
permissible flame safety lamp, or analysis, such condition shall 14,049
be corrected by improving the ventilation promptly. The electric 14,050
face equipment at such point shall be turned off and not turned 14,051
back on until the methane condition is corrected by improving the 14,052
ventilation. 14,053
In gaseous mines, air that has passed through abandoned 14,055
panel sections shall not be re-used to ventilate live workings. 14,056
Mines that cannot comply with this requirement at once may 14,057
continue to operate as at present for a reasonable length of time 14,058
until future mine development and ventilation can be changed to 14,059
permit compliance with this section. 14,060
No operator of a mine shall refuse or neglect to comply 14,062
with this section. 14,063
Sec. 1567.10. Every outside fan installed after September 14,073
2, 1941, at any coal mine shall be placed at least twenty feet 14,074
from the side or mouth of the shaft entry or slope with which it 14,075
is connected for ventilating purposes and shall be of fireproof 14,076
construction. Explosion doors shall be provided in a direct line 14,077
with the mine opening. 14,078
Upon the written order of the chief of the division of 14,080
mines and reclamation MINERAL RESOURCES MANAGEMENT, all main mine 14,082
fans installed after September 2, 1941, shall be so arranged that 14,083
the ventilating current can be quickly reversed. No fan shall be 14,084
reversed while men WORKERS are in the mine unless authority to do 14,086
so is given, preferably in writing, by the mine foreman 14,087
FOREPERSON, superintendent, state inspector, or other responsible 14,089
person. The fan shall be inspected at least daily.
Every main ventilating fan at nongaseous mines shall be 14,091
313
kept in operation continuously day and night, unless operations 14,092
are definitely suspended, except when written permission is given 14,093
by the inspector to stop it. The permission, or a copy thereof, 14,094
shall be posted by the mine foreman FOREPERSON in a conspicuous 14,095
place at the entrances of the mine, and shall state the 14,097
particular hours the fan may be stopped. The inspector may 14,098
withdraw or modify such permission at any time and in any manner 14,099
he THE INSPECTOR deems best. In all cases in which permission 14,101
has been given by the inspector to stop the ventilating fan, the 14,102
fan shall be started a sufficient length of time prior to the 14,103
appointed time for any person working therein to enter, to clear 14,104
the mine of explosive, poisonous, and noxious gases, and shall be 14,105
kept in operation a sufficient length of time after the appointed 14,106
time for such employees to leave their working places, for all 14,107
persons to be out of the mine.
Every main ventilating fan at gaseous mines shall be kept 14,109
in operation continuously day and night unless operations are 14,110
definitely suspended. Should it become necessary to stop the fan 14,111
at any mine, gaseous or nongaseous, because of an accident to 14,112
part of the machinery connected therewith, or by reason of any 14,113
other unavoidable cause, the mine foreman FOREPERSON or the 14,114
foreman FOREPERSON in charge shall, after first having provided 14,115
for the safety of the persons employed in the mine, order the 14,117
fans stopped for necessary repairs. Should the ventilating fans 14,118
be stopped at any time for any reason at any gaseous mine for a 14,119
period of time sufficient to cause a serious interruption of the 14,120
ventilation, the source of electric power shall be forthwith 14,121
disconnected from the mine, and the source of electric power 14,122
shall not be reconnected with the mine until the fans have been 14,123
started, and the mine has been examined by the mine foreman 14,124
FOREPERSON, foreman FOREPERSON, or fire boss, and reported safe. 14,125
A record of such examination shall be entered in the fire boss 14,127
record book. The person in charge of the mine at the time of the 14,128
examination is responsible for the execution of this latter 14,129
314
provision.
No operator of a mine shall refuse or neglect to comply 14,131
with this section. 14,132
Sec. 1567.11. Booster and blower fans may be installed 14,141
only with the approval of the chief of the division of mines and 14,142
reclamation MINERAL RESOURCES MANAGEMENT, following the 14,143
submission by the owner, lessee, or agent of a definite plan of 14,144
ventilation in which it is proposed to use such fans and the 14,145
reason therefor.
No operator of a mine shall refuse or neglect to comply 14,147
with this section.
Sec. 1567.13. The mine foreman FOREPERSON shall see that 14,156
careful watch is kept over the ventilating apparatus and airways, 14,158
and that the volume of the ventilating current is measured at 14,159
least once each week at the inlet and outlet, at or near the face 14,160
of all entries, and at that point in the mine where distribution 14,161
to the various working sections begins. Such measurements shall 14,162
be noted in duplicate on blanks furnished by the division of 14,164
mines and reclamation MINERAL RESOURCES MANAGEMENT. On the first 14,165
day of each month, the mine foreman FOREPERSON shall forward such 14,167
blanks with his THE MINE FOREPERSON'S signature thereon to the 14,168
deputy mine inspector in the district in which the mine is 14,169
located, and such blanks shall be properly filled in with the 14,170
actual measurements so taken as prescribed in this section. On 14,171
all examinations which THAT the mine foreman FOREPERSON makes of 14,172
the old workings, he THE MINE FOREPERSON shall mark on a 14,175
conspicuous place with chalk his THE MINE FOREPERSON'S initials 14,176
and the date of the month of such examination. 14,177
No person shall refuse or neglect to comply with this 14,179
SECTION.
Sec. 1567.17. Where direct current is used underground in 14,189
mines, the following rules shall govern: 14,190
(A) In determining the voltage limit the difference in 14,192
potential shall not exceed three hundred twenty-five volts 14,193
315
measured by a meter at the nearest switchboard except with the 14,194
written approval of the chief of the division of mines and 14,195
reclamation MINERAL RESOURCES MANAGEMENT. 14,196
(B) For the protection of circuits, a switch and circuit 14,198
breaker shall be installed in the ungrounded side of the circuit, 14,199
but may be omitted from the return side. Fuses may be 14,200
substituted for circuit breakers transmitting twenty-five 14,201
kilowatts or less. Each circuit leading in the underground 14,202
workings of such mine shall be provided with a suitable ammeter. 14,203
Additional switches shall be installed in the ungrounded side of 14,204
all branch circuits. 14,205
(C) One side of grounded circuits shall be very 14,207
efficiently insulated from the earth. 14,208
(D) All trolley and feed wires shall be placed on the 14,210
opposite side of the track from refuge holes or necks of room. 14,211
All lines except telephone, shot firing, and signal lines shall 14,212
be on the same side as the trolley lines. 14,213
(E) All terminal ends of feed and trolley wires shall be 14,215
guarded to prevent persons FROM inadvertently coming in contact 14,216
with them. 14,217
(F) No locomotive shall be operated by means of a person 14,219
holding and sliding upon, or frequently making contact with, the 14,220
positive wire with any device attached to the cable as a 14,221
substitute for a trolley, except to move a locomotive out of 14,222
traffic because of a broken trolley pole or fixtures attached 14,223
thereto. This does not prohibit the operation of a locomotive by 14,224
means of a cable without the use of the trolley, if the 14,225
connection with and disconnection from the positive wire is made 14,226
when the locomotive is not in motion. 14,227
(G) Inside the mine the trolley wire shall be installed 14,229
parallel to the gauge line of the rail and as far away as 14,230
practical, and in no place closer than six inches from the gauge 14,231
line, except where written permission is given by the chief. The 14,232
trolley wire shall be securely supported on hangers efficiently 14,234
316
insulated. Such hangers shall be placed at intervals of not 14,235
exceeding thirty feet and at less intervals if it is necessary to 14,236
prevent the sag between points of support exceeding three inches. 14,237
Hangers installed after September 2, 1941, shall be of sufficient 14,238
height to place the trolley wire within six inches of the roof or 14,239
cross timbers at the point of trolley wire support, except where 14,240
the trolley wire may be above the top of the normal seam or draw 14,241
slate taken with the seam or six feet six inches from the top of 14,242
the rail.
(H) In underground workings all feed wires shall be in 14,244
places either above the trolley wire on the same hangers, between 14,245
trolley wire and rib, or on the rib as close to the roof as 14,246
practicable, and securely supported on hangers sufficiently 14,247
insulated, not more than fifty feet apart. If feed wires are 14,248
installed in entries which THAT are not equipped with trolleys, 14,249
they are to be installed as close to the rib as practicable. 14,251
(I) Recharging stations for battery locomotives located 14,253
inside a mine shall be adequately ventilated at all times. All 14,254
charging panels shall be equipped with automatic overload circuit 14,255
breakers and ammeters. All refuse or movable material of an 14,256
inflammable nature shall be kept out of such stations. 14,257
(J) All trolley and positive feed wires crossing places 14,259
where persons or animals are required to travel shall be safely 14,260
guarded or protected from such persons or animals coming in 14,261
contact with such wires, except where such wires are above the 14,262
top of normal seam or draw slate taken with the seam, or six feet 14,263
six inches from the top of the rail. 14,264
(K) No trolley wire shall be extended into or maintained 14,266
in any room while being used as a working place; no trolley or 14,267
feed wire shall be extended into any entry beyond the outside 14,268
corner of the last break-through, except in case of systems of 14,269
mining or equipment approved by the chief. 14,270
(L) When necessary to carry bare wires down shafts or 14,272
slopes used as traveling ways, the wires must SHALL be thoroughly 14,274
317
protected so that persons cannot inadvertently come in contact 14,275
with them. 14,276
(M) When positive machine feed wires are extended into 14,278
rooms, they shall be placed not nearer than four feet from the 14,279
rail where the room is of sufficient width, and shall only be 14,280
connected to the positive wire on the entry while in actual use. 14,281
The wire used for making such connections shall be of sufficient 14,282
length to reach across the entry, and when the same is 14,283
disconnected, it shall be removed from the entry or be kept with 14,284
the machine. No electric wires shall be extended into any room 14,285
unless a one hundred fifty foot trailing cable will not reach the 14,286
face of the room, and then not beyond the outside corner of the 14,287
last break-through, except in the case of systems of mining and 14,288
equipment approved by the chief. Means shall be provided by 14,289
which machine runners may readily install the machine cable 14,290
across the entry so as to render it free from ground, and so the 14,291
cable will not come in contact with persons or animals required 14,292
to travel such entry. 14,293
(N) Any track or rail that is used as a return circuit 14,295
shall be properly bonded. When metallic pipe lines PIPELINES 14,296
parallel a rail or track used for return, the pipe may be bonded 14,298
to the rail at both ends to avoid electrolysis, and if the pipe 14,299
line PIPELINE is of unusual length, intermediate bonds should 14,301
SHALL be installed. No pipe line PIPELINE or any part thereof 14,303
shall be used exclusively as the return. In a section of a mine 14,304
where electric detonators or electric squibs are used, metallic 14,305
pipe-line PIPELINE rails and return lines in that section shall 14,307
be bonded together.
(O) All lighting circuits of a mine, whether underground 14,309
or outside, shall be installed in such a manner that they will 14,310
not be a fire hazard or will not endanger persons coming in 14,311
contact therewith. 14,312
No operator of a mine shall refuse or neglect to comply 14,314
with this section. 14,315
318
Sec. 1567.18. When alternating current is used underground 14,325
in mine MINES, the following rules apply: 14,326
(A) On all low voltage circuits all wires shall be 14,328
protected by a switch and an automatic overload circuit breaker 14,329
on each wire of the circuit, except that fuses may be substituted 14,330
for circuit breakers in THE case of lighting circuits and in the 14,331
case of power circuits transmitting twenty-five kilowatts or 14,332
less. All wires shall be insulated with a standard insulation 14,333
and shall be placed between trolley wire and rib or on the rib as 14,334
close to the roof as practicable and securely supported upon 14,335
hangers efficiently insulated. Additional switches shall be 14,336
installed in all branch circuits. All points of connection shall 14,337
be properly protected so that persons cannot inadvertently come 14,338
in contact therewith. No voltage in excess of two hundred sixty 14,339
volts measured at the nearest switchboard shall be used in mobile 14,340
machinery except with the written approval of the chief of the 14,341
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 14,342
(B) When high voltage circuits are used, all wires shall 14,344
be provided with a suitable ammeter and protected by an oil-break 14,345
switch on each wire of the circuit, such switch to be equipped 14,346
with an automatic overload trip. All wires shall be insulated 14,347
with a standard insulation at least fifty per cent higher than 14,348
the standard for the commercial rated voltage between conductors 14,349
and ground and installed in conduit or be lead covered with an 14,350
additional covering of steel armor wire or steel tape, and all 14,351
wire shall be subject to carrying capacity according to the rules 14,352
of the national board of fire underwriters. This cable may be 14,353
installed either in or on the bottom or in the location 14,354
prescribed for direct current feed lines, except no further 14,355
insulation shall be required than specified in this section. 14,356
(C) No voltage in excess of eight thousand volts between 14,358
conductor and ground may be used to operate semipermanent and 14,359
permanent machinery except with the written approval of the 14,360
chief. All installations shall be made in accordance with the 14,362
319
accepted electrical standards and practices, especially with 14,363
regard to protective switches, insulation materials, clearance 14,364
danger signs, and gates. The location, ventilation, and 14,365
protection against fire hazard and personal injury shall be 14,366
subject to the approval of the chief.
(D) The division of mines and reclamation MINERAL 14,368
RESOURCES MANAGEMENT shall accept standard electrical practices 14,370
in regard to the underground electrical installations and 14,371
operation of alternating current equipment, but may augment the 14,372
same to provide additional safeguards. When exercising this
authority, the division shall give due consideration to the 14,373
safety experience in regard to similar installations and the 14,374
similar operation thereof under similar conditions. 14,375
(E) The mine foreman FOREPERSON shall have posted at the 14,377
mine opening, and in all permanent substations therein, a copy of 14,378
instructions as to the method of resuscitation of persons 14,379
suffering from electric shock. All persons working about such 14,380
stations, or with electric machines, shall familiarize themselves 14,381
with such rules. 14,382
No operator of a mine shall refuse or neglect to comply 14,384
with this section. 14,385
Sec. 1567.19. At all stripping mines where alternating 14,395
current is used to operate shovels or to convert alternating 14,396
current to direct current, and where the machines used for this 14,397
purpose are installed on the shovel or building attached thereto, 14,398
or where armored cables are used to conduct the current from the 14,399
main transmission line to said THE shovel, all machines and
armored cables so installed or used must SHALL be grounded in a 14,401
manner approved by the chief of the division of mines and 14,403
reclamation MINERAL RESOURCES MANAGEMENT.
No owner, lessee, agent, or operator of a mine shall 14,405
violate this section.
Sec. 1567.23. No employee, workman WORKER, or miner shall 14,414
have in his THE EMPLOYEE'S, WORKER'S, OR MINER'S possession 14,416
320
inside of an underground mine more than one twenty-five pound keg 14,418
or box of blasting powder or other explosives. Every person who 14,419
has powder or other explosives in an underground mine shall keep 14,420
the same in a wooden box suitable to contain the original 14,421
container of such explosive. Such box shall be kept at all times 14,422
at least twenty-five feet from the track and electric wire, no 14,423
two of such boxes shall be kept within twenty-five feet of each 14,424
other, nor shall blasting powder and high explosives be kept in 14,425
the same box, and in no case shall detonating caps be kept in a 14,426
box with blasting powder or high explosives. 14,427
Where systems of mining are such that it is impracticable 14,429
to comply with the provisions of the first paragraph of this 14,430
section, such provisions THOSE REQUIREMENTS may be modified in 14,431
writing by the chief of the division of mines and reclamation 14,433
MINERAL RESOURCES MANAGEMENT, upon the request of the owner, 14,435
lessee, or agent of such mine. No operator shall maintain or 14,436
have a magazine for the storage of blasting powder or high 14,437
explosives, including detonating caps, in the underground 14,438
workings of any mine, except with the written permission of the 14,439
chief.
No employee or operator of a mine shall refuse or neglect 14,441
to comply with this section. 14,442
Sec. 1567.34. The owner, lessee, or agent of any mine 14,451
shall not order or permit solid shooting in a mine unless he THE 14,452
OWNER, LESSEE, OR AGENT has obtained written permission to do so 14,454
from the chief of the division of mines and reclamation MINERAL 14,455
RESOURCES MANAGEMENT, who may issue such permit when in his THE 14,457
CHIEF'S judgment such solid shooting is necessary for the just 14,458
and reasonably profitable operation of such mine. 14,459
No owner, lessee, agent, or operator of a mine shall 14,461
violate this section.
Sec. 1567.35. No gasoline, naphtha, kerosene, fuel oil, or 14,470
gas engine shall be used in a mine, except for operating pumping 14,471
machinery where electric, compressed air, or steam power is not 14,472
321
available or cannot be transmitted to the pump, in which case the 14,473
owner, lessee, or agent shall observe the following: 14,474
(A) Notice shall be given to the chief of the division of 14,476
mines and reclamation MINERAL RESOURCES MANAGEMENT, before 14,477
installing, and the installation and operation shall be subject 14,479
to the chief's approval. 14,480
(B) No wood or inflammable material shall be permitted 14,482
within twenty-five feet of the engine. 14,483
(C) The supply tank from which the gasoline, naphtha, 14,485
kerosene, or fuel oil is fed to the engine, shall be of metal, 14,486
with a suitable screw cap opening, fitted with a gasket, so as to 14,487
make the tank airtight and prevent the escape of gas into the 14,488
atmosphere, and the tank kept free from leaks.
(D) The gasoline, naphtha, kerosene, or fuel oil shall be 14,490
fed from a tank to the carburetor or mixer by metal tubes 14,491
securely connected so as to reduce the possibility of leaks to a 14,492
minimum.
(E) The exhaust from the engine shall be conducted by 14,494
means of metal pipes into the return air current, so that the 14,495
combustion fumes will not enter the workings of the mine where 14,496
the men WORKER'S are required to work, or be conducted in an 14,497
upcast shaft or slope not used as a means of ingress or egress or 14,498
through metal pipes to the surface. 14,499
(F) At no time shall more than five gallons of such 14,501
gasoline, naphtha, kerosene, or fuel oil be taken into the mine, 14,502
including that in the supply tank. 14,503
(G) No gasoline, naphtha, kerosene, or fuel oil shall be 14,505
taken into the mine except in metallic cans, with a screw cap 14,506
opening at the top, fitted with a suitable gasket. 14,507
(H) No package, can, or supply tank of an engine, 14,509
containing gasoline, naphtha, kerosene, or fuel oil, shall be 14,510
opened until ready to make the transfer from the package or can 14,511
to the supply tank, and in transferring, a funnel shall be used 14,512
so as to avoid spilling the gasoline, naphtha, kerosene, or fuel 14,513
322
oil, and the cap on the supply tank shall be immediately closed.
(I) In no case shall the package, can, or supply tank be 14,515
opened when an open light or other thing containing fire is 14,516
within twenty-five feet of the same, provided that subject to the 14,517
approval of the chief, the restrictions in the use of fuel oil in 14,518
a mine shall not apply to mobile or portable machinery, if such 14,519
mobile or portable machinery is used in a clay, limestone, shale,
or any other mine not a coal mine. 14,520
No owner, lessee, agent, or operator of a mine shall 14,522
violate this section.
Sec. 1567.39. The operator of an underground coal mine, at 14,531
which locomotives are used for hauling coal, shall keep a light 14,532
on the front end of the locomotive when it is in use. When the 14,533
locomotive is run ahead of the trip, and the trip rider is not 14,534
required to ride the rear car of the trip, a signal, light, or 14,535
marker, approved by the deputy mine inspector, shall be carried 14,536
on the rear end of the trip to indicate when the trip has passed. 14,537
Cars shall not be pushed ahead of the locomotive where it can be 14,538
avoided. When cars are run ahead of the locomotive, a light 14,539
shall be carried on the front end of the trip, and the cars shall 14,540
not be moved at a speed greater than four miles per hour. When 14,541
rope haulage is used, an enclosed light shall be carried on the 14,542
front end of each train so hauled. 14,543
A trip light, reflectors, or other devices approved by the 14,545
chief of the division of mines and reclamation MINERAL RESOURCES 14,546
MANAGEMENT shall be used on the rear of trips pulled and on the 14,549
front of trips pushed or lowered in slopes. However, trip lights 14,550
or other approved devices need not be used on cars being shifted 14,551
to and from loading machines, on cars being handled at loading 14,552
heads, during gathering operations at working faces, when 14,553
trailing locomotives are used, or on trips pulled by animals. 14,554
Cars on main haulage roads shall not be pushed, except where 14,555
necessary to push cars from side tracks located near the working 14,556
section to the producing entries and rooms, where necessary to 14,557
323
clear switches and sidetracks, and on the approach to cages, 14,558
slopes, and surface inclines. Warning lights or reflective signs 14,559
or tapes shall be installed along haulage roads at locations of 14,560
abrupt or sudden changes in the overhead clearance. 14,561
No person, other than the motorman LOCOMOTIVE OPERATOR and 14,563
brakeman BRAKEPERSON, shall ride on a locomotive unless 14,565
authorized by the mine foreman FOREPERSON, and then only when 14,566
safe riding facilities are provided.
Positive-acting stopblocks or derails shall be used where 14,568
necessary to protect persons from danger of runaway haulage 14,569
equipment. The operator of all self-propelled equipment 14,570
including off-track equipment shall give an audible warning 14,571
wherever persons may be endangered by the movement of the 14,572
equipment. Locomotives and personnel carriers shall not approach 14,573
within three hundred feet of preceding haulage equipment, except 14,574
trailing locomotives that are an integral part of the trip. A 14,575
total of at least thirty-six inches of unobstructed side 14,576
clearance (both sides combined) shall be provided for all 14,577
rubber-tired haulage equipment where such equipment is used. 14,578
Off-track haulage roadways shall be maintained as free as 14,579
practicable from bottom irregularities, debris, and wet or muddy 14,580
conditions that affect the control of the equipment. Operators 14,581
of self-propelled equipment shall face in the direction of 14,582
travel. Mechanical steering and control devices shall be 14,583
maintained so as to provide positive control at all times. All 14,584
self-propelled, rubber-tired haulage equipment shall be equipped 14,585
with well maintained brakes, lights, and a warning device. On 14,586
and after January 1, 1977, all tram control switches on 14,587
rubber-tired equipment shall be designed to provide automatic 14,588
return to the stop or off position when released. 14,589
No operator of a mine shall refuse or neglect to comply 14,591
with this section. 14,592
Sec. 1567.45. (A) When more than the lawful number of 14,601
persons get on a cage or elevator to be lowered into a mine, or 14,602
324
to be hoisted out of a mine, the person in charge of the lowering 14,603
or hoisting of such persons shall order a sufficient number to 14,604
get off such cage or elevator to comply with section 1567.49 of 14,605
the Revised Code, and shall not lower or raise the cage until 14,606
such order is complied with.
(B) Every hoist used to transport persons at a coal mine 14,608
shall be equipped with overspeed, overwind, and automatic stop 14,609
controls. Every hoist-handling platform, cage, or other device 14,610
used to transport persons shall be equipped with brakes capable 14,611
of stopping the fully loaded platform, cage, or other device; 14,612
with hoisting cable adequately strong to sustain the fully loaded
platform, cage, or other device; and have a proper margin of 14,613
safety. Cages, platforms, or other devices which THAT are used 14,614
to transport persons in shafts and slopes shall be equipped with 14,616
safety catches or other no less effective devices approved by the 14,617
chief of the division of mines and reclamation MINERAL RESOURCES 14,618
MANAGEMENT that act quickly and effectively in an emergency, and 14,620
such catches shall be tested at least once every two months. 14,621
Hoisting equipment, including automatic elevators, that is used 14,622
to transport persons shall be examined daily. Where persons are
transported into or out of a coal mine by hoists, a qualified 14,623
hoisting engineer shall be on duty while any person is 14,624
underground, except that no such engineer is necessary for 14,625
automatically operated cages, platforms, or elevators. Brakes on 14,626
hoists used to transport persons shall be capable of stopping and 14,627
holding the fully loaded platform, cage, or other device at any
point in the shaft, slope, or incline. 14,628
(C) All hoisting equipment at a mine, including automatic 14,630
elevators, safety catches, and other devices approved by the 14,631
chief, shall be examined daily, and the examination shall 14,632
include, but not be limited to, the following: 14,633
(1) A visual examination of the rope for wear, broken 14,635
wires, and corrosion, especially at excessive strain points, such 14,636
as near the attachments, where the rope rests on the sheaves and 14,637
325
where the rope leaves the drum at both ends;
(2) An examination of the rope fastenings for defects; 14,639
(3) An examination of safety catches; 14,641
(4) An examination of the cage, platforms, elevators, or 14,643
other devices for loose, missing, or defective parts; 14,644
(5) An examination of the head sheaves to check for broken 14,646
flanges, defective bearings, rope alignment, and proper 14,647
lubrication;
(6) An observation of the lining and all other equipment 14,649
and appurtenances installed in the shaft. 14,650
A log or record of each daily examination of hoisting 14,652
equipment shall be kept, listing each item examined. Each daily 14,653
entry shall be signed by the person or persons making the 14,654
examination. The reports of the examinations shall be read and 14,655
countersigned by a responsible company official daily.
(D) Hoists shall have rated capacities consistent with the 14,657
loads handled and the recommended safety factors of the ropes 14,658
used. An accurate and reliable indicator of the position of the 14,659
cage, platform, skip, bucket, or cars shall be provided, and 14,660
shall be placed so that it is in clear view of the hoisting
engineer and shall be checked daily to determine its accuracy. 14,661
The American national standards institute "specifications for the 14,662
use of wire ropes for mines," M11.1-1960, or the latest revision 14,663
thereof, shall be used as a guide in the use, selection, 14,664
installation, and maintenance of wire ropes used for hoisting. 14,665
Alterations or changes in a hoist which THAT affect the rated 14,666
capacity shall be made only with the approval of the chief.
(E) There shall be at least two effective methods approved 14,668
by the chief of signaling between each of the shaft stations and 14,669
the hoist room, one of which shall be a telephone or speaking 14,670
tube. One of the methods used to communicate between shaft 14,671
stations and the hoist room shall give signals which THAT can be 14,672
heard by the hoisting engineer at all times while men WORKERS are 14,673
underground. Signaling systems used for communication between 14,674
326
shaft stations and the hoist room shall be tested daily. Other 14,675
safeguards adequate, in the judgment of the chief or a deputy 14,676
mine inspector, to minimize hazards with respect to
transportation of men WORKERS and materials shall be provided. 14,677
Divisions (E)(1), (2), and (3) of this section set forth the 14,679
criteria by which the chief or a deputy mine inspector shall be 14,680
guided in requiring other safeguards on a mine-by-mine basis. 14,681
The chief or deputy mine inspector shall notify the operator in 14,682
writing of any additional specific safeguard he THE CHIEF OR 14,683
DEPUTY MINE INSPECTOR requires and shall fix a time in which the
operator shall comply. If the safeguard is not provided within 14,685
the time fixed and if it is not maintained thereafter, a notice 14,686
of violation shall be issued to the operator.
(1) Hoists and elevators used to transport materials shall 14,688
be equipped with brakes capable of stopping and holding the fully 14,689
loaded platform, cage, skip, car, or other device at any point in 14,690
the shaft, slope, or incline.
(2) The clutch of a free-drum on a manhoist WORKER HOIST 14,692
shall be provided with a locking mechanism or interlocked with 14,694
the brake to prevent the accidental withdrawal of the clutch. 14,695
The hoist rope attached to a cage, man WORKER car, or trip shall 14,696
be equipped with two bridle chains or cables connected securely 14,697
to the rope at least three feet above the attaching device and to 14,698
the cross-piece of the cage, man WORKER car, or trip. The hoist 14,700
rope shall have at least three full turns on the drum when 14,702
extended to its maximum working length and shall make at least
one full turn on the drum shaft or around the spoke of the drum 14,703
in the case of a free drum, and be fastened securely. Cages used 14,704
for hoisting men WORKERS shall be constructed with the sides 14,706
enclosed to a height of at least six feet and shall have gates, 14,708
safety chains, or bars across the ends of the cage when men 14,709
WORKERS are being hoisted or lowered. Self-dumping cages,
platforms, or other devices used for transportation of men 14,711
WORKERS shall have a locking device to prevent tilting when men 14,713
327
WORKERS are transported thereon. An attendant shall be on duty 14,714
at the surface when men WORKERS are being hoisted or lowered at 14,715
the beginning and end of each operating shift. Precautions shall 14,718
be taken to protect persons working in shaft sumps. Workmen 14,719
WORKERS shall wear safety belts while doing work in or over 14,720
shafts. 14,721
(3) The doors of automatic elevators shall be equipped 14,723
with interlocking switches so arranged that the elevator car will 14,724
be immovable while any door is opened or unlocked, and arranged 14,726
so that such door or doors cannot be inadvertently opened when 14,727
the elevator car is not at a landing. A "stop" switch shall be 14,728
provided in the automatic elevator compartment that will permit 14,729
the elevator to be stopped at any location in the shaft. A slack
cable device shall be used where appropriate on automatic 14,730
elevators which THAT will automatically shut off the power and 14,732
apply the brakes in the event the elevator is obstructed while 14,733
descending. Each automatic elevator shall be provided with a 14,734
telephone or other effective communication system by which aid or 14,735
assistance can be obtained promptly.
No person shall refuse or neglect to comply with this 14,737
section.
Sec. 1567.52. The management of any mine may, with the 14,747
consent of the deputy mine inspector, add to the code of signals 14,748
to increase its efficiency, or to promote the safety of the men 14,749
WORKERS in such mine, but whatever code is established and in use 14,751
at any mine must SHALL be approved by the division of mines and 14,752
reclamation MINERAL RESOURCES MANAGEMENT, and conspicuously 14,754
posted at the top, at the bottom, and in the engine room, for the 14,755
information and instruction of all persons concerned.
No operator of a mine shall refuse or neglect to comply 14,757
with this section.
Sec. 1567.54. At each mine at which the only means of 14,766
egress is by vertical shaft, the operator shall provide adequate 14,767
fire protection to secure the safety of such shaft, and, when but 14,768
328
one shaft is the only available means of egress, shall keep in 14,769
attendance a competent person when persons are inside of such 14,770
mine. 14,771
Each underground coal mine shall be provided with suitable 14,773
firefighting equipment adapted for the size and conditions of the 14,775
mine. The chief of the division of mines and reclamation MINERAL 14,776
RESOURCES MANAGEMENT shall adopt and may amend or rescind rules 14,777
establishing minimum requirements for the type, quality, and 14,778
quantity of such equipment. The rules shall include the 14,779
following minimum firefighting equipment at each underground coal 14,780
mine, regardless of its size or condition, except where 14,781
indicated: waterlines shall be capable of delivering fifty 14,782
gallons of water a minute at a nozzle pressure of fifty pounds 14,783
per square inch. A portable water car shall be of at least one 14,784
thousand gallon capacity and shall have at least three hundred
feet of fire hose with nozzles. A portable water car shall be 14,785
capable of providing a flow through the hose of fifty gallons of 14,787
water per minute at a nozzle pressure of fifty pounds per square 14,788
inch. A portable chemical car shall carry enough chemicals to 14,789
provide a fire extinguishing capacity equivalent to that of a 14,790
portable water car. A portable foam-generating machine or device 14,792
shall have facilities and equipment for supplying the machine 14,793
with thirty gallons of water per minute at thirty pounds per 14,794
square inch for a period of thirty-five minutes. A portable fire 14,795
extinguisher shall be either a multipurpose dry chemical type 14,796
containing a nominal weight of five pounds of dry powder and 14,797
enough expellant to apply the powder or a foam-producing type 14,798
containing at least two and one-half gallons of foam-producing 14,799
liquids and enough expellant to supply the foam. Only fire 14,800
extinguishers approved by the Underwriters Laboratories 14,801
UNDERWRITERS LABORATORIES, Incorporated INCORPORATED, or Factory 14,802
Mutual Research Corporation FACTORY MUTUAL RESEARCH CORPORATION, 14,803
carrying appropriate labels as to type and purpose, shall be 14,805
used. After January 1, 1977, all new portable fire extinguishers 14,806
329
acquired for use in a coal mine shall have a 2A 10 BC or higher 14,807
rating.
Fire hose shall be lined with a materiel MATERIAL having 14,809
flame resistant qualities meeting requirements for hose in Bureau 14,811
of Mines' Schedule 2G. The cover shall be polyester, or other 14,812
material with flame-spread qualities and mildew resistance equal 14,813
or superior to polyester. The bursting pressure shall be at 14,814
least four times the water pressure at the valve to the hose 14,815
inlet with the valve closed; the maximum water pressure in the 14,816
hose nozzle shall not exceed one hundred pounds per square inch, 14,817
gauge. However, fire hose installed for use in underground coal 14,818
mines prior to December 30, 1970, shall be mildew-proof and have 14,819
a bursting pressure at least four times the water pressure at the 14,821
valve to the hose inlet with the valve closed, and the maximum 14,822
water pressure in the hose nozzle with water flowing shall not 14,823
exceed one hundred pounds per square inch, gauge.
Each working section of an underground coal mine producing 14,825
three hundred tons or more per shift shall be provided with two 14,826
portable fire extinguishers and two hundred forty pounds of rock 14,827
dust in bags or other suitable containers; waterlines shall 14,828
extend to each section loading point and be equipped with enough 14,829
fire hose to reach each working face unless the section loading 14,830
point is provided with two portable water cars, or two portable 14,831
chemical cars, or one portable water or chemical car and either a 14,833
portable foam-generating machine or a portable high-pressure
rock-dusting machine fitted with at least two hundred fifty feet 14,834
of hose and supplied with at least sixty sacks of rock dust. 14,835
Each working section of an underground coal mine producing 14,837
less than three hundred tons of coal per shift shall be provided 14,838
with two portable fire extinguishers, one hundred forty pounds of 14,839
rock dust in bags or other suitable containers, and at least five 14,841
hundred gallons of water and at least three pails of ten quart 14,842
capacity. In lieu of the five hundred gallon water supply a 14,843
water-line WATERLINE of sufficient hose to reach the working
330
places, a portable water car of at least five hundred gallon 14,844
capacity, or a portable, all-purpose dry powder chemical car of 14,845
at least one hundred twenty-five pounds capacity may be provided. 14,846
In all underground coal mines, waterlines shall be 14,848
installed parallel to the entire length of belt conveyors and 14,849
shall be equipped with fire hose outlets with valves at three 14,850
hundred foot intervals along each belt conveyor and at 14,851
tailpieces. At least five hundred feet of fire hose with 14,852
fittings suitable for connection with each belt conveyor 14,853
waterline system shall be stored at strategic locations along the 14,854
belt conveyor. Waterlines may be installed in entries adjacent 14,855
to the conveyor entry belt as long as the outlets project into 14,857
the belt conveyor entry. 14,858
In underground coal mines producing three hundred tons of 14,860
coal or more per shift, waterlines shall be installed parallel to 14,861
all haulage tracks using mechanized equipment in the track or 14,862
adjacent entry and shall extend to the loading point of each 14,863
working section. Waterlines shall be equipped with outlet valves 14,865
at intervals of not more than five hundred feet, and five hundred 14,866
feet of fire hose with fittings suitable for connection with such 14,867
waterlines shall be provided at strategic locations. Two 14,868
portable water cars, readily available may be used in lieu of 14,869
waterlines prescribed under this paragraph.
In underground coal mines producing less than three hundred 14,871
tons of coal per shift, a tank of water of at least fifty-five 14,872
gallon capacity with at least three pails of not less than 14,873
ten-quart capacity, or not less than two hundred forty pounds of 14,874
bagged rock dust shall be provided at five hundred foot intervals 14,875
along all main and secondary haulage roads. 14,876
Each track or offtrack locomotive, self-propelled mantrip 14,878
car, or personnel carrier shall be equipped with one portable 14,879
fire extinguisher. 14,880
Two portable fire extinguishers or one extinguisher having 14,882
at least ten pounds of dry powder or five gallons of 14,883
331
foam-producing liquids shall be provided at each permanent 14,884
electrical installation. One portable fire extinguisher and two 14,885
hundred forty pounds of rock dust shall be provided at each 14,886
temporary electrical installation. 14,887
One portable fire extinguisher or two hundred forty pounds 14,889
of rock dust shall be provided at locations where welding, 14,890
cutting, or soldering with arc or flame is being done. 14,891
At each wooden door through which power lines pass there 14,893
shall be one portable fire extinguisher or two hundred forty 14,894
pounds of rock dust within twenty-five feet of the door on the 14,895
intake air side. 14,896
At each underground coal mine producing three hundred tons 14,898
of coal or more per shift there shall be readily available the 14,899
following materials at locations not exceeding two miles from 14,900
each working section: one thousand board feet of brattice 14,901
boards, two rolls of brattice cloth, two hand saws, twenty-five 14,902
pounds of eightpenny nails, twenty-five pounds of ten penny 14,904
TENPENNY nails, twenty-five pounds of sixteenpenny nails, three 14,906
claw hammers, twenty-five bags of wood fiber plaster or ten bags 14,907
of cement or equivalent material for stoppings, and five tons of 14,908
rock dust. These materials shall be available at each mine 14,909
producing less than three hundred tons of coal per shift, except 14,910
that if the active working sections are located at a distance of 14,911
two miles or less from the surface, the emergency materials for 14,912
one or more mines may be stored at a central warehouse or 14,913
building supply company, and such supply must SHALL be the 14,914
equivalent of that required for all mines involved and within one 14,915
hour's delivery time from each mine.
All fire fighting equipment shall be maintained in a usable 14,917
and operative condition. Chemical extinguishers shall be 14,918
examined every six months and the date of the examination shall 14,919
be written on a permanent tag attached to the extinguisher. 14,920
The operator shall give each miner a self-rescue device 14,922
that is adequate to protect the miner for one hour or longer and 14,923
332
is approved by the chief. Such self-rescue devices shall be worn 14,924
or carried on the person of each miner. However, where the 14,925
wearing or carrying of self-rescue devices is hazardous to a 14,926
miner, such devices shall be located at a distance no greater 14,927
than twenty-five feet from the miner. Where a miner works on or 14,928
around mobile equipment, self-rescue devices, if not carried by 14,929
the miner, shall be placed in a readily accessible location on 14,930
such equipment. 14,931
No operator of a mine shall refuse or neglect to comply 14,933
with this section.
Sec. 1567.55. The operator of any coal mine or the owner 14,942
of land bearing natural coal deposits immediately upon learning 14,943
of a fire in any coal seam upon his THE OPERATOR'S OR OWNER'S 14,944
property shall report the fire to the chief of the division of 14,946
mines and reclamation MINERAL RESOURCES MANAGEMENT. 14,947
When a coal seam fire is reported to said THE chief he, THE 14,950
CHIEF shall immediately investigate such fire. In the event of a 14,951
fire in any outcrop of a coal seam or in an abandoned mine, the 14,952
chief shall extinguish such fire, and he THE CHIEF may employ 14,953
such persons and purchase such materials as are necessary to 14,955
extinguish such fire. Persons so employed shall serve at the 14,956
pleasure of the chief and their employment shall not be governed 14,957
by civil service laws, rules, or regulations. Materials 14,958
purchased for immediate use in extinguishing a fire shall be 14,959
emergency purchases and shall be paid for out of state funds 14,960
appropriated for such purpose upon vouchers issued by said THE 14,961
chief certifying to the emergency nature of the purchase, 14,962
notwithstanding the fact that there has been no compliance with 14,963
other laws governing the making of purchases by the state. 14,964
Whenever, after August 26, 1949, the surface of a natural 14,966
deposit of coal is exposed by mining operations, the chief may 14,967
order the owner, lessee, or agent of the mine at which such 14,968
exposure occurs to cover such exposed surface with earth or other 14,969
noncombustible material if, in the judgment of the chief, such 14,970
333
covering is necessary to prevent a fire in said THE coal which 14,972
THAT would endanger life or property. Such order shall be in 14,973
writing and shall fix a reasonable time for compliance therewith. 14,974
No operator of a mine shall refuse or neglect to comply with such 14,975
order for a period of fifteen days after the expiration of the 14,976
time fixed in such order for compliance therewith. Each period 14,977
of fifteen days after the expiration of the time fixed in such 14,978
order for compliance therewith, during which any such operator 14,979
refuses or neglects to comply with such order, constitutes a 14,980
separate offense. 14,981
Sec. 1567.57. Every operator of a mine shall install and 14,990
maintain in efficient working condition a system of two-way 14,991
communications approved by the chief of the division of mines and 14,992
reclamation MINERAL RESOURCES MANAGEMENT connecting the surface 14,993
and each landing of main shafts and slopes between the surface 14,994
and each working section of any coal mine that is more than one 14,995
hundred feet from a portal.
No operator of a mine shall refuse or neglect to comply 14,997
with this section.
Sec. 1567.61. As used in this section, "emergency medical 15,007
service organization" has the same meaning as in section 4765.01 15,008
of the Revised Code. 15,009
The operator at all mines and quarries shall keep first aid 15,011
and emergency medical equipment in a dry and sanitary condition 15,012
in accessible places. 15,013
Each operator shall report to the chief of the division of 15,016
mines and reclamation MINERAL RESOURCES MANAGEMENT, the name, 15,017
title, and address of each emergency medical service organization 15,018
with which arrangements have been made or otherwise provided. 15,019
Each operator shall, within ten days after any change of the 15,020
arrangements, report such changes to the chief. If such changes 15,021
involve a substitution of persons, the operator shall report the 15,022
name, title, and address of the person substituted together with 15,023
the name and address of the emergency medical service 15,024
334
organization with which such person is associated. Each operator 15,025
shall, immediately after making such an arrangement or any change 15,026
of such arrangement, post at appropriate places at the mine the 15,027
names, titles, addresses, and telephone numbers of all persons or 15,028
organizations currently available under such arrangements to 15,029
provide medical assistance and transportation at the mine. The 15,030
operator of an underground mine shall provide a vehicular mode of 15,031
transportation that is equipped to handle stretchers to transport 15,032
injured miners underground in a manner that minimizes shock. 15,033
Such vehicle shall be accessible within the lesser of thirty 15,034
minutes or the time needed to render first aid and medical 15,035
attention, secure the injured person to a stretcher or 15,036
broken-back board or other device, and transport the injured 15,037
person to the vehicle.
No operator of a mine shall refuse or neglect to comply 15,039
with this section. 15,040
Sec. 1567.69. (A) On and after the effective date of this 15,049
section JULY 20, 1984, no operator shall begin longwall mining in 15,051
any coal mine until plans for the longwall mining have been filed 15,052
with and approved by the chief of the division of mines and 15,053
reclamation MINERAL RESOURCES MANAGEMENT. All revisions to 15,054
approved plans shall also be submitted for approval to the chief. 15,055
The chief shall not approve any plan or revision unless it meets 15,056
the requirements of this section and shall approve all plans and 15,057
revisions that meet those requirements. 15,058
Approval of a plan or revision, or portion thereof, under 15,060
comparable provisions of the "Federal Coal Mine Safety and Health 15,061
Act of 1969," 83 Stat. 742, 30 U.S.C.A. 801, as amended or 15,062
reenacted, or regulations promulgated ADOPTED thereunder, shall 15,063
be a sufficient basis for approval of the plan or revision, or 15,064
portion thereof, by the chief unless the chief makes a specific 15,065
written explanation and findings as to why the federally approved 15,066
plan, revision, or portion thereof does not meet the requirements 15,067
of the mining laws of this state and as to why a variance from 15,068
335
the federally approved plan is reasonably necessary to meet the 15,069
requirements of this state's mining laws. 15,070
The chief shall make a final decision on a plan or 15,072
revision, including review of any additional information he THE 15,073
CHIEF requests, no later than fourteen days after the operator's 15,075
initial submission of the plan or revision. Approval of 15,076
completed plans or revisions shall not be unreasonably withheld. 15,077
(B) Longwall mining plans submitted to the chief for 15,079
approval shall include all of the following: 15,080
(1) Company name; 15,082
(2) Mine name; 15,084
(3) Mine location; 15,086
(4) Mine address; 15,088
(5) Mine telephone number; 15,090
(6) Name, title, and telephone number of the person 15,092
submitting the plan; 15,093
(7) Mine identification number; 15,095
(8) Longwall mining roof control plan, which shall include 15,097
a plan indicating the roof support to be used and the working 15,098
procedures to be followed when a cavity is encountered over 15,099
chocks or shields; 15,100
(9) Ventilation plan, which shall include the complete 15,102
section and face ventilation controls and bleeder systems; 15,103
(10) Methane and dust control plan; 15,105
(11) Any other information required by the chief. 15,107
(C) After the chief has approved plans submitted under 15,109
this section, an operator shall not be required to obtain 15,110
additional approvals for new longwall working sections if plans 15,111
initially approved or revised are complied with. 15,112
(D) In coal mines where longwall working section 15,114
operations are in progress prior to the effective date of this 15,115
section JULY 20, 1984, no operator shall begin new longwall 15,117
working sections until required plans for longwall mining have 15,118
been filed with and approved by the chief. 15,119
336
Sec. 1567.70. An operator conducting longwall mining shall 15,129
develop a plan for recovery of chocks and shields or other 15,130
longwall roof support and shall not initiate recovery until the 15,131
recovery plan is approved by the chief of the division of mines 15,133
and reclamation MINERAL RESOURCES MANAGEMENT. An operator shall 15,134
also submit all revisions of an approved recovery plan for 15,135
approval to the chief.
Approval of a plan or revision, or portion thereof, under 15,137
comparable provisions of the "Federal Coal Mine Safety and Health 15,138
Act of 1969," 83 Stat. 742, 30 U.S.C.A. 801, as amended or 15,139
reenacted, or regulations promulgated ADOPTED thereunder, shall 15,140
be a sufficient basis for approval of the plan or revision, or 15,142
portion thereof, by the chief unless the chief makes a specific 15,143
written explanation and findings as to why the federally approved 15,144
plan or revision, or portion thereof, does not meet the 15,145
requirements of the mining laws of this state and as to why a 15,146
variance from the federally approved plan, revision, or portion 15,147
thereof is reasonably necessary to meet the requirements of this 15,148
state's mining laws. 15,149
The chief shall make a final decision on a plan or 15,151
revision, including review of any additional information he THAT 15,152
THE CHIEF requests, no later than fourteen days after the 15,153
operator's initial submission of the plan or revision. The chief 15,154
shall not unreasonably withhold approvals of completed plans or 15,155
revisions.
Sec. 1567.71. (A) An operator conducting longwall mining 15,164
shall provide two-way communication facilities, approved by the 15,165
chief of the division of mines and reclamation MINERAL RESOURCES 15,166
MANAGEMENT, at the headgate and tailgate and across each longwall 15,169
working face that, during the production of coal, are a separate 15,170
system from the mine communication facilities. Longwall working 15,171
section communication facilities shall be located at points not 15,172
more than one hundred feet apart across the longwall working 15,173
face.
337
(B) An operator conducting longwall mining shall also 15,175
provide two-way communication facilities on each longwall working 15,176
section. During production of coal, a designated person shall, 15,177
as part of that person's other assigned duties, be available with 15,178
the longwall working section communication and longwall working 15,179
face communication facilities. 15,180
Sec. 1567.73. (A) The chief of the division of mines and 15,190
reclamation MINERAL RESOURCES MANAGEMENT or his THE CHIEF'S 15,191
representative shall require installation on a longwall working 15,193
section of a federally approved methane monitor capable of giving 15,194
warning automatically when the concentration of methane reaches a 15,195
maximum percentage of not more than 1.0 volume per cent of 15,196
methane. The sensoring unit indicating the atmospheric
conditions on the methane monitor shall be installed at a 15,197
location specified in the approved plan or revision required by 15,198
section 1567.69 of the Revised Code. 15,199
The operator shall ensure that the methane monitor is kept 15,201
operative and properly maintained and tested weekly for 15,202
functioning. 15,203
The operator of any mine in which longwall mining is 15,205
performed shall establish and adopt a definite maintenance 15,206
program designed to keep methane monitors operative, and a 15,207
written description of the program shall be available for 15,208
inspection by the division of mines and reclamation MINERAL 15,209
RESOURCES MANAGEMENT. At least once each month, the operator 15,211
shall have the methane monitor checked for operating accuracy 15,212
with a known methane air mixture and shall have the monitor 15,213
calibrated as necessary. The operator shall keep a record of 15,214
calibration tests in a book on the surface, which may be the same 15,215
book used to comply with requirements established under 15,216
regulations of the mine safety and health administration in the 15,217
United Sates STATES department of labor.
If the methane monitor on a longwall working section 15,219
malfunctions, the operator shall have the monitor repaired within 15,220
338
twelve hours. During the period of time the methane monitor is 15,221
inoperative, the operator shall not permit electric equipment to 15,222
be operated for longer than ten minutes without an examination 15,223
for methane gas, shall require that the examinations required in 15,224
division (B) of this section be conducted on one-hour intervals, 15,225
and shall require an air reading on the intake side of the 15,226
longwall working face to be collected on one-hour intervals. 15,227
If parts are unavailable to correct the malfunction of the 15,229
methane monitor or the malfunction cannot be repaired within 15,230
twelve hours, the operator shall immediately notify the division 15,232
of mines and reclamation, which shall evaluate the circumstances 15,233
and may allow continued operation under the procedures of the 15,234
preceding paragraph if the operator is proceeding with good faith 15,235
efforts to correct the malfunction. 15,236
If a malfunction of the methane monitor occurs on a 15,238
longwall working section, the supervisor on duty shall indicate 15,239
in his THE SUPERVISOR'S own shift examination report, in the fire 15,241
boss report books, the date and time the methane monitor 15,242
malfunctioned.
(B) A certified person designated by the mine foreman 15,244
FOREPERSON to supervise a longwall working section shall examine 15,246
the longwall working face for hazards as a part of the pre-shift 15,247
and on-shift examinations for each coal producing shift and more 15,248
often if necessary for safety or required by division (A) of this 15,249
section. The examination shall include a test for methane gas 15,250
and oxygen deficiency. The methane and oxygen deficiency 15,251
examinations shall be made at reasonable intervals along the coal 15,252
face between the headgate and tailgate. The person's initials, 15,253
date, and time shall be recorded at the headgate and tailgate. 15,254
If one per cent or more of methane gas is detected along the coal 15,255
face, the electrical equipment shall be immediately de-energized 15,256
and the electrical power circuit then disconnected from the power 15,257
supply until a certified person pronounces the place safe. 15,258
Sec. 1567.74. (A) No person shall cross the longwall 15,267
339
working face conveyor while it is in operation unless a safe 15,268
crossover is provided. 15,269
(B) The operator shall provide telephone pager 15,271
communications or other means of providing an effective warning 15,272
signal in a longwall working section. Prior to starting a 15,273
longwall working face conveyor, the person who is going to 15,274
activate the conveyor shall sound the telephone pager 15,275
communications or other effective warning signal to alert all 15,276
persons across the longwall working face. 15,277
(C) No person shall ride the longwall working face 15,279
conveyor. However, an operator may submit a plan to the chief of 15,280
the division of mines and reclamation MINERAL RESOURCES 15,281
MANAGEMENT, as part of the plan required by section 1567.69 of 15,283
the Revised Code or later, for approval for the removal of
injured persons on the longwall working face conveyor if it is 15,285
necessary to transport injured persons on a stretcher or
backboard. 15,286
(D) On and after the effective date of this section JULY 15,289
20, 1984, an operator shall equip all newly installed face roof 15,290
support units with adjacent unit controls unless the units have a 15,291
wide single canopy over each unit that protects the workman 15,292
WORKERS from falling material when operating unit controls from 15,294
within the support of the shield unit being removed. 15,295
(E) On and after the effective date of this section JULY 15,298
20, 1984, all newly installed face roof support units shall be 15,299
equipped with an outlet to facilitate measurement of the interior 15,300
prop pressure and an outlet to facilitate measurement of the 15,301
yield pressure. Any yield valves of face roof support units that 15,302
do not maintain at least eighty-five per cent of the yield 15,303
pressure specified in the approved roof control plan shall be 15,304
promptly repaired or replaced. The valves of face roof support 15,305
units shall be tested at least annually, and a legible record of 15,306
the date of the test, the person performing the test, and the 15,307
valves repaired or replaced shall be kept in an appropriate mine 15,308
340
record.
Sec. 1567.78. An operator shall maintain an accessible 15,317
travel route at all times off the tailgate end of the longwall 15,318
working face unless the operator develops and the chief of the 15,319
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 15,320
approves a plan to continue operation of the longwall working 15,322
section in the event the tailgate route becomes impassable. Such 15,323
a plan shall include necessary provisions to be taken to provide 15,324
additional protective devices for longwall working section 15,325
personnel.
When the tailgate travel route becomes impassable, the 15,327
operator shall cease the longwall mining operation immediately, 15,328
familiarize all persons working on the longwall working section 15,329
with the procedures to follow for escape from the section, and 15,330
implement immediately the plan approved by the division of mines 15,332
and reclamation MINERAL RESOURCES MANAGEMENT before recommencing 15,333
mining.
The operator shall immediately notify the division when the 15,336
accessible travel route becomes impassable and the approved plan 15,337
has been implemented.
The division's representative shall immediately, upon 15,341
notification, establish a scheduled meeting with the operator and 15,342
representatives of the miners at the mine.
Sec. 1571.01. As used in this chapter, unless other 15,352
meaning is clearly indicated in the context: 15,353
(A) "Gas storage reservoir" or "storage reservoir" or 15,355
"reservoir" means a continuous area of a subterranean porous sand 15,357
or rock stratum or strata, any part of which or of the protective 15,358
area of which, is within a coal bearing township, into which gas 15,359
is or may be injected for the purpose of storing it therein and 15,360
removing it therefrom, or for the purpose of testing whether such 15,361
stratum is suitable for such storage purposes. 15,362
(B) "Gas" means any natural, manufactured, or by-product 15,364
gas or any mixture thereof. 15,365
341
(C) "Reservoir operator" or "operator," when used in 15,367
referring to the operator of a gas storage reservoir, means a 15,368
person who is engaged in the work of preparing to inject, or who 15,369
injects gas into, or who stores gas in, or who removes gas from, 15,370
a gas storage reservoir, and who owns the right to do so. 15,371
(D)(1) "Boundary," when used in referring to the boundary 15,373
of a gas storage reservoir, means the boundary of such reservoir 15,374
as shown on the map or maps thereof on file in the division of 15,376
mines and reclamation MINERAL RESOURCES MANAGEMENT as required by 15,377
this chapter.
(2) "Boundary," when used in referring to the boundary of 15,379
a reservoir protective area, means the boundary of such reservoir 15,380
protective area as shown on the map or maps thereof on file in 15,381
the division as required by this chapter. 15,382
(E) "Reservoir protective area" or "reservoir's protective 15,384
area" means the area of land outside of the boundary of a gas 15,385
storage reservoir shown as such on the map or maps thereof on 15,386
file in the division as required by this chapter. The area of 15,387
land shown on such map or maps as such reservoir protective area 15,388
shall be outside of the boundary of such reservoir, and shall 15,389
encircle such reservoir and touch all parts of the boundary of 15,390
such reservoir, and no part of the outside boundary of such 15,391
protective area shall be less than two thousand nor more than 15,392
five thousand linear feet distant from the boundary of such 15,393
reservoir.
(F) "Coal bearing township" means a township designated as 15,395
a coal bearing township by the chief of the division of mines and 15,396
reclamation MINERAL RESOURCES MANAGEMENT as required by section 15,397
1561.06 of the Revised Code. 15,398
(G) "Division of mines and reclamation" or "division," 15,400
when used in referring to the division of mines and reclamation, 15,402
means the division of mines and reclamation of the state of Ohio. 15,404
(H) "Coal mine" means the underground excavations of a 15,406
mine which THAT are being used or are usable or are being 15,407
342
developed for use in connection with the extraction of coal from 15,408
its natural deposit in the earth. "Underground excavations," 15,409
when used in referring to the underground excavations of a coal 15,410
mine, includes the abandoned underground excavations of such 15,411
mine. It also includes the underground excavations of an 15,412
abandoned coal mine if such abandoned mine is connected with 15,413
underground excavations of a coal mine. "Coal mine" does not 15,414
mean or include: 15,415
(1) A mine in which coal is extracted from its natural 15,417
deposit in the earth by strip or open pit mining methods or by 15,418
other methods by which individuals are not required to go 15,419
underground in connection with the extraction of coal from its 15,420
natural deposit in the earth; 15,421
(2) A mine in which not more than fourteen individuals are 15,423
regularly employed underground. 15,424
(I)(H) "Operator," when used in referring to the operator 15,426
of a coal mine, means a person who engages in the work of 15,428
developing such mine for use in extracting coal from its natural 15,429
deposit in the earth, or who so uses such mine, and who owns the 15,430
right to do so. 15,431
(J)(I) "Boundary," when used in referring to the boundary 15,433
of a coal mine, means the boundary of the underground excavations 15,435
of such mine as shown on the maps of such mine on file in the 15,436
division of mines and reclamation as required by sections 1563.03 15,438
to 1563.05, and section 1571.03 of the Revised Code. 15,439
(K)(J) "Mine protective area" or "mine's protective area" 15,441
means the area of land which THAT the operator of a coal mine 15,442
designates and shows as such on the map or maps of such coal mine 15,443
filed with the division as required by sections 1563.03 to 15,444
1563.05, and section 1571.03 of the Revised Code. Such area of 15,447
land shall be outside of the boundary of such coal mine, but some 15,448
part of the boundary of such area of land shall abut upon a part 15,449
of the boundary of such coal mine. Such area of land shall be 15,450
comprised of such tracts of land in which such coal mine operator 15,451
343
owns the right to extract coal therefrom by underground mining 15,452
methods and in which underground excavations of such coal mine 15,453
are likely to be made within the ensuing year for use in 15,454
connection with the extraction of coal therefrom.
(L)(K) "Pillar" means a solid block of coal or other 15,456
material left unmined to support the overlying strata in a coal 15,458
mine, or to protect a well. 15,459
(M)(L) "Retreat mining" means the removal of pillars and 15,461
ribs and stumps and other coal remaining in a section of a coal 15,463
mine after the development mining has been completed in such 15,464
section.
(N)(M) "Linear feet," when used to indicate distance 15,466
between two points which THAT are not in the same plane, means 15,468
the length in feet of the shortest horizontal line which THAT 15,470
connects two lines projected vertically upward or downward from 15,471
said THE two points. 15,472
(O)(N) "Map" means a graphic representation of the 15,474
location and size of the existing or proposed items it is made to 15,476
represent, accurately drawn according to a given scale. 15,477
(P)(O) "Well" means any hole, drilled or bored, or being 15,479
drilled or bored, into the earth, whether for the purpose of, or 15,481
whether used for: 15,482
(1) Producing or extracting any gas or liquid mineral, or 15,484
natural or artificial brines, or oil field waters; 15,485
(2) Injecting gas into or removing gas from an underground 15,487
gas storage reservoir; 15,488
(3) Introducing water or other liquid pressure into an oil 15,490
bearing sand to recover oil contained in such sand;, provided, 15,492
that "well" does not mean a hole drilled or bored, or being
drilled or bored, into the earth, whether for the purpose of, or 15,493
whether used for, producing or extracting potable water to be 15,494
used as such. 15,495
(Q)(P) "Testing" means injecting gas into, or storing gas 15,497
in or removing gas from, a gas storage reservoir for the sole 15,499
344
purpose of determining whether such reservoir is suitable for use 15,500
as a gas storage reservoir. 15,501
(R)(Q) "Casing" means a string or strings of pipe commonly 15,503
placed in a well. 15,505
(S)(R) "Inactivate" means to shut off temporarily all flow 15,507
of gas from a well at a point below the horizon of the coal mine 15,508
which THAT might be affected by such flow of gas, by means of a 15,510
plug or other suitable device or by injecting water, bentonite, 15,511
or some other equally nonporous material into the well, or any 15,512
other method approved by the oil and gas well MINERAL RESOURCES 15,513
inspector. 15,514
(T)(S) "Gas storage well inspector" means the gas storage 15,516
well inspector in the division. 15,518
(U)(T) The verb "open" or the noun "opening," when used in 15,520
clauses relating to the time when a coal mine operator intends to 15,522
open a new coal mine, or the time when a new coal mine is opened, 15,523
or the time of the opening of a new coal mine, or when used in 15,524
other similar clauses to convey like meanings, means that time 15,525
and condition in the initial development of a new coal mine when 15,526
the second opening required by section 1563.14 of the Revised 15,528
Code is completed in such mine. 15,529
Sec. 1571.02. (A) Any reservoir operator who, on 15,538
September 9, 1957, is injecting gas into, storing gas in, or 15,539
removing gas from a reservoir shall within sixty days after such 15,540
date file with the division of mines and reclamation MINERAL 15,541
RESOURCES MANAGEMENT a map thereof as described in division (C) 15,543
of this section;, provided that, if a reservoir operator is, on 15,544
September 9, 1957, injecting gas into or storing gas in a 15,545
reservoir solely for testing, he THE RESERVOIR OPERATOR shall at 15,546
once file such map with the division of mines and reclamation. 15,547
(B) If the injection of gas into or storage of gas in a 15,549
gas storage reservoir is begun after September 9, 1957, the 15,550
operator of such reservoir shall file with the division of mines 15,552
and reclamation and the division of oil and gas of the department 15,553
345
of natural resources identical maps A MAP thereof as described in 15,554
division (C) of this section, on the same day and not less than 15,556
three months prior to beginning such injection or storage. 15,557
(C) Each map filed with the division of mines and 15,559
reclamation and the division of oil and gas pursuant to this 15,560
section shall be prepared by a registered surveyor, registered 15,561
engineer, or competent geologist. It shall show BOTH OF THE 15,562
FOLLOWING:
(1) The location of the boundary of such reservoir and the 15,564
boundary of such reservoir's protective area, and the known fixed 15,565
monuments, corner stones, or other permanent markers in such 15,566
boundary lines; 15,567
(2) The boundary lines of the counties, townships, and 15,569
sections or lots, which THAT are within the limits of such map, 15,570
and the name of each such county and township and the number of 15,572
each such section or lot clearly indicated thereon. The legend 15,573
of the map shall indicate the stratum or strata in which the gas 15,574
storage reservoir is located. 15,575
The location of the boundary of the gas storage reservoir 15,577
as shown on the map shall be defined by the location of those 15,578
wells around the periphery of such reservoir which THAT had no 15,579
gas production when drilled into the storage stratum of such 15,580
reservoir;, provided that, if the operator of such reservoir, 15,582
upon taking into consideration the number and nature of such 15,583
wells, the geological and production knowledge of the storage 15,584
stratum, its character, permeability, and distribution, and 15,585
operating experience, determines that the location of the 15,586
boundary of such reservoir should be differently defined, he THE 15,587
RESERVOIR OPERATOR may, on such map, show the boundary of such 15,589
reservoir to be located at a location different than the location 15,590
defined by the location of those wells around the periphery of 15,591
such reservoir which THAT had no gas production when drilled into 15,592
said THE storage stratum.
Whenever the operator of a gas storage reservoir determines 15,594
346
that the location of the boundary of such reservoir as shown on 15,595
the most recent maps MAP thereof on file in the division of mines 15,597
and reclamation and the division of oil and gas pursuant to this 15,598
section is incorrect, he THE RESERVOIR OPERATOR shall file with 15,599
each THE division identical AN amended maps MAP showing the 15,601
boundary of such reservoir to be located at the location which he 15,603
THAT THE RESERVOIR OPERATOR then considers to be correct. 15,605
(D) Each operator of a gas storage reservoir who files 15,607
with the division of mines and reclamation and the division of 15,608
oil and gas maps A MAP as required by this section shall, at the 15,609
end of each six-month period following the date of such filing, 15,611
file with each THE division identical AN amended maps MAP showing 15,612
changes, if any, in the boundary line of such reservoir or of 15,614
such reservoir's protective area, which THAT have occurred in the 15,615
six-month period. Nothing in this division shall be construed to 15,616
require such a reservoir operator to file an amended map at the 15,617
end of any such six-month period if no such boundary changes have 15,618
occurred in such period.
An operator of a gas storage reservoir who is required by 15,620
this section to file AN amended maps MAP with the division of 15,622
mines and reclamation and division of oil and gas shall not be 15,623
required to so file such AN amended maps MAP after such time when 15,624
he THE RESERVOIR OPERATOR files with each THE division maps A MAP 15,627
pertaining to such reservoir, as provided in section 1571.04 of 15,628
the Revised Code.
(E) A reservoir operator shall file with the division of 15,630
oil and gas, within sixty days after March 17, 1989, a map 15,632
identical to any map then on file with the division of mines and 15,633
reclamation.
(F) The division of oil and gas shall keep all maps filed 15,635
with it pursuant to this section and section 1571.04 of the 15,637
Revised Code in a safe place and shall not allow the maps to be 15,638
open to public inspection or be removed from its office. The 15,639
division shall not furnish copies of the maps to any person and 15,640
347
shall maintain the confidentiality of the maps, except to the 15,641
extent the chief of the division determines to be reasonably 15,642
necessary to explain denial of a request for expedited review of 15,643
a permit application under section 1509.06 of the Revised Code. 15,644
Sec. 1571.03. (A) Every operator of a coal mine who is 15,654
required by sections 1563.03 to 1563.05 of the Revised Code, to 15,655
file maps of such mine, shall cause to be shown on each of such 15,657
maps, in addition to the boundary lines of each tract under which 15,658
excavations are likely to be made during the ensuing year, as 15,659
referred to in section 1563.03 of the Revised Code: 15,661
(1) The boundary of such coal mine in accordance with the 15,663
meaning of the term "boundary" when used in referring to the 15,664
boundary of a coal mine, and the term "coal mine" as those terms 15,666
are defined in section 1571.01 of the Revised Code; 15,667
(2) The boundary of the mine protective area of such mine. 15,669
The provisions of this 15,670
THIS division of this section shall not be construed to 15,672
amend or repeal any provisions of sections 1563.03 to 1563.05 of 15,674
the Revised Code, either by implication or otherwise.
The provisions of this THIS division are IS intended only 15,677
to add to existing statutory requirements pertaining to the
filing of coal mine maps with the division of mines and 15,678
reclamation MINERAL RESOURCES MANAGEMENT, the requirements 15,679
ESTABLISHED in this division contained. 15,680
(B) Every operator of a coal mine who believes that any 15,682
part of the boundary of such mine is within two thousand linear 15,683
feet of a well which THAT is drilled through the horizon of such 15,684
coal mine and into or through the storage stratum or strata of a 15,685
gas storage reservoir within the boundary of such reservoir or 15,686
within its protective area, shall at once send notice to that 15,687
effect by registered mail to the operator of such reservoir and 15,688
to the division. 15,689
(C) Every operator of a coal mine who expects that any 15,691
part of the boundary of such mine will, on a date after September 15,692
348
9, 1957, be extended beyond its location on such date to a point 15,693
within two thousand linear feet of a well which THAT is drilled 15,694
through the horizon of such mine and into or through the stratum 15,695
or strata of a gas storage reservoir within the boundary of such 15,696
reservoir or within its protective area, shall send at least nine 15,698
months' notice of such date and of the location of such well by
registered mail to the operator of such reservoir and to the 15,699
division. If at the end of three years after the date stated in 15,700
the notice by an operator of a coal mine to an operator of a 15,701
storage reservoir as the date upon which part of the boundary of 15,702
such coal mine is expected to be extended to a point within two 15,703
thousand linear feet of such well, no part of such coal mine is 15,704
so extended, the operator of such coal mine shall be liable to 15,705
the operator of such storage reservoir for all expenses incurred 15,706
by such reservoir operator in doing the plugging or 15,707
reconditioning of such well as he THE RESERVOIR OPERATOR is 15,708
required to do in such cases as provided in section 1571.05 of 15,710
the Revised Code. Such mine operator shall in no event be liable 15,712
to such reservoir operator:
(1) For expenses of plugging or reconditioning such well 15,714
incurred prior to receipt by such reservoir operator from such 15,715
mine operator of a notice as provided for in this division; 15,716
(2) For any expenses of plugging or reconditioning such 15,718
well if any part of the work of plugging or reconditioning was 15,719
commenced prior to receipt by such reservoir operator from such 15,720
mine operator of a notice as provided for in this division. 15,721
(D) If a person intends to open a new coal mine after 15,723
September 9, 1957, and if at the time of its opening any part of 15,724
the boundary of such mine will be within two thousand linear feet 15,725
of a well which THAT is drilled through the horizon of such mine 15,726
and into or through the storage stratum or strata of a gas 15,728
storage reservoir within the boundary of such reservoir or within 15,729
its protective area, such person shall send by registered mail to 15,730
the operator of such storage reservoir and to the division at 15,731
349
least nine months' notice of the date upon which he THE PERSON 15,732
intends to open such mine, and of the location of such well. If 15,733
at the end of nine months after the date stated in the notice by 15,734
an operator of a coal mine to an operator of a storage reservoir 15,735
and to the division, as the date upon which such coal mine 15,737
operator intends to open such new mine, such new mine is not 15,738
opened, the operator of such coal mine shall be liable to the 15,739
operator of such storage reservoir for all expenses incurred by
such reservoir operator in doing the plugging or reconditioning 15,740
of such well as he THE RESERVOIR OPERATOR is required to do in 15,741
such cases as provided in section 1571.05 of the Revised Code;, 15,742
provided: 15,743
(1) That such mine operator may, prior to the end of nine 15,745
months after the date stated in such mine operator's notice to 15,746
such reservoir operator and the division as the date upon which 15,748
he THE MINE OPERATOR intended to open such new mine, notify such 15,749
reservoir operator and the division in writing by registered 15,751
mail, that the opening of such new mine will be delayed beyond 15,752
the end of such nine-month period of time, and that he THE MINE 15,753
OPERATOR requests that a conference be held as provided in 15,754
section 1571.10 of the Revised Code for the purpose of 15,755
endeavoring to reach an agreement establishing a date subsequent 15,756
to the end of such nine-month period of time, on or before which 15,757
such mine operator may open such new mine without being liable to 15,759
pay such reservoir operator expenses incurred by such reservoir 15,760
operator in plugging or reconditioning such well as in this 15,761
division provided;
(2) That if such mine operator sends to such reservoir 15,763
operator and to the division a notice and request for a 15,764
conference as in this sentence provided IN DIVISION (D)(1) OF 15,766
THIS SECTION, such mine operator shall not be liable to pay such 15,767
reservoir operator for expenses incurred by such reservoir 15,768
operator in plugging and reconditioning such well, unless such 15,769
mine operator fails to open such new mine within the period of 15,770
350
time fixed by an approved agreement reached in such conference, 15,771
or fixed by an order by the chief of the division OF MINERAL 15,772
RESOURCES MANAGEMENT upon a hearing held in the matter in the 15,773
event of failure to reach an approved agreement in the 15,774
conference;
(3) That such mine operator shall in no event be liable to 15,776
such reservoir operator: 15,777
(a) For expense of plugging or reconditioning such well 15,779
incurred prior to the receipt by such reservoir operator from 15,780
such mine operator of the notice of the date upon which such mine 15,782
operator intends to open such new mine;
(b) For any expense of plugging or reconditioning such 15,784
well if any part of the work of plugging or reconditioning was 15,785
commenced prior to receipt by such reservoir operator from such 15,786
mine operator of such notice. 15,787
Sec. 1571.04. (A) Upon the filing of each map or amended 15,796
map with the division of mines and reclamation MINERAL RESOURCES 15,797
MANAGEMENT by operators of gas storage reservoirs as required by 15,799
this chapter, and each coal mine map as required by sections 15,800
1563.03 to 1563.05 and division (A) of section 1571.03 of the 15,802
Revised Code, the gas storage well inspector shall cause an 15,803
examination to be made of all maps on file in the division as he 15,804
THE GAS STORAGE WELL INSPECTOR may deem necessary to ascertain 15,806
whether any part of a reservoir protective area as shown on any 15,807
such map is within ten thousand linear feet of any part of the 15,808
boundary of a coal mine as shown on any such map. If, upon 15,809
making that examination, the gas storage well inspector finds 15,810
that any part of such a reservoir protective area is within ten 15,811
thousand linear feet of any part of the boundary of such a coal 15,812
mine, he THE GAS STORAGE WELL INSPECTOR shall promptly send by 15,813
registered mail notice to that effect to the operator of the 15,814
reservoir and to the operator of the coal mine. 15,815
(B) Within sixty days after receipt by an operator of a 15,817
gas storage reservoir of a notice from the gas storage well 15,818
351
inspector under division (A) of this section, such operator shall 15,819
file on the same day with both the division of mines and 15,820
reclamation and the division of oil and gas of the department of 15,822
natural resources identical maps A MAP prepared by a registered 15,823
surveyor, registered engineer, or competent geologist, which 15,824
shall include DO all of the following: 15,826
(1) Indicate the stratum or strata in which such gas 15,828
storage reservoir is located; 15,829
(2) Show the location of the boundary of the reservoir and 15,831
the boundary of its protective area, and the known fixed 15,832
monuments, corner stones, or other permanent markers in such 15,833
boundary lines; 15,834
(3) Show the boundary lines of the counties, townships, 15,836
and sections or lots, which THAT are within the limits of such 15,837
maps, and the name of each such county and township and the 15,838
number of each such section or lot clearly indicated thereon; 15,839
(4) Show the location of all oil or gas wells known to the 15,841
operator of such reservoir which THAT have been drilled within 15,842
the boundary of the reservoir or within its protective area, and 15,844
indicate which of such wells, if any, have been or are to be 15,845
plugged or reconditioned for use in the operation of such 15,846
reservoir. 15,847
The location of the boundary of the gas storage reservoir 15,849
as shown on the maps shall be defined by the location of those 15,850
wells around the periphery of the reservoir that had no gas 15,851
production when drilled into the storage stratum of the 15,853
reservoir;, provided that, if the operator of the reservoir, upon 15,854
taking into consideration the number and nature of such wells, 15,855
the geological and production knowledge of the storage stratum, 15,856
its character, permeability, and distribution, and operating 15,857
experience, determines that the location of the boundary of the 15,858
reservoir should be differently defined, he THE RESERVOIR 15,859
OPERATOR may, on the maps, show the boundary of the reservoir to 15,861
be located at a location different than FROM the location defined 15,862
352
by the location of those wells around the periphery of the 15,864
reservoir that had no gas production when drilled into the 15,865
storage stratum.
(C) Any coal mine operator who receives from the gas 15,867
storage well inspector a copy of a map as provided by division 15,868
(E) of this section may request the gas storage well inspector to 15,869
furnish him THE COAL MINE OPERATOR with: 15,870
(1) The name of the original operator of any well shown on 15,872
such map; 15,873
(2) The date drilling of such well was completed; 15,875
(3) The total depth of such well; 15,877
(4) The depth at which oil or gas was encountered in such 15,879
well if it was productive of oil or gas; 15,880
(5) The initial rock pressure of such well; 15,882
(6) A copy of the log of the driller of such well or other 15,884
similar data; 15,885
(7) The location of such well in respect to the property 15,887
lines of the tract of land on which it is located; 15,888
(8) A statement as to whether the well is inactive or 15,890
active: 15,891
(a) If inactive, the date of plugging and other pertinent 15,893
data; 15,894
(b) If active, whether it is being used for test purposes 15,896
or storage purposes; 15,897
(9) A statement of the maximum injection pressure 15,899
contemplated by the operator of the reservoir shown on such map. 15,900
Upon receipt of such a request, the gas storage well 15,902
inspector shall promptly furnish the coal mine operator the 15,903
information requested. If the information is not ascertainable 15,904
from the files in the division of mines and reclamation, the gas 15,905
storage well inspector shall request the reservoir operator to 15,907
furnish the division of mines and reclamation with such 15,909
information to the extent that he THE RESERVOIR OPERATOR has 15,910
knowledge thereof. Upon receipt of such a request, the reservoir
353
operator shall promptly furnish such information to the division 15,911
of mines and reclamation. Thereupon the gas storage well 15,912
inspector shall promptly transmit such information to the mine 15,913
operator who requested it. 15,914
Whenever the operator of a gas storage reservoir determines 15,916
that the location of the boundary of the reservoir as shown on 15,917
the most recent maps MAP thereof on file in the division of mines 15,919
and reclamation and the division of oil and gas pursuant to this 15,920
section is incorrect, he THE RESERVOIR OPERATOR shall file with 15,921
each THE division identical AN amended maps MAP showing the 15,923
boundary of the reservoir to be located at the location which he 15,924
THAT THE RESERVOIR OPERATOR then considers to be correct. 15,925
(D) Each operator of a gas storage reservoir who files A 15,928
MAP with the division of mines and reclamation and the division
of oil and gas maps as required by this section shall, at the end 15,930
of each six-month period following the date of such filing, file 15,931
with each THE division identical AN amended maps MAP showing 15,932
changes in the boundary line of the reservoir or of the 15,934
reservoir's protective area that have occurred in the six-month 15,935
period, and further showing or describing any other occurrences 15,936
within that six-month period that cause the most recent maps MAP 15,937
on file and pertaining to the reservoir to no longer be correct. 15,938
Nothing in this division shall be construed to require such a 15,939
reservoir operator to file an amended map at the end of any such 15,940
six-month period if no boundary changes or other occurrences have 15,941
occurred in that period. The operator of the reservoir shall 15,942
also file with the division of mines and reclamation and the 15,943
division of oil and gas, subsequent to the filing of maps A MAP 15,945
as provided for in division (B) of this section, a statement 15,946
whenever changing the maximum injection pressure is contemplated, 15,947
stating for each affected well within the boundary of the 15,948
reservoir or its protective area, the amount of change of 15,949
injection pressure contemplated. The location or drilling of new 15,950
wells or the abandonment or reconditioning of wells shall not be 15,951
354
considered to be occurrences requiring the filing of an amended 15,952
map or statement.
(E) Promptly upon the filing with the division of mines 15,954
and reclamation of a map or an amended map pertaining to a gas 15,955
storage reservoir under this section, the gas storage well 15,957
inspector shall send by registered mail to the operator of the 15,958
coal mine a part of the boundary of which is within ten thousand 15,959
linear feet of any part of the boundary of the reservoir or of 15,960
the outside boundary of the reservoir's protective area, notice 15,961
of the filing together with a copy of the map. 15,962
(F) When the operator of a gas storage reservoir files 15,964
with the division of mines and reclamation and the division of 15,965
oil and gas maps A MAP or AN amended maps MAP under this section, 15,967
he THE RESERVOIR OPERATOR shall file as many copies of the maps 15,969
MAP as each THE division may require for its files and as are 15,970
needed for sending a copy to each coal mine operator under 15,971
division (E) of this section. 15,972
(G) A reservoir operator shall file with the division of 15,974
oil and gas, within sixty days after March 17, 1989, a map 15,976
identical to any map then on file with the division of mines and 15,977
reclamation.
Sec. 1571.05. (A) Whenever any part of a gas storage 15,986
reservoir or any part of its protective area underlies any part 15,987
of a coal mine, or is, or within nine months is expected or 15,988
intended to be, within two thousand linear feet of the boundary 15,989
of a coal mine which THAT is operating in a coal seam any part of 15,991
which extends over any part of said THE storage reservoir or its 15,992
protective area, the operator of such reservoir, if he THE 15,993
RESERVOIR OPERATOR or some other reservoir operator has not 15,995
theretofore done so, shall:
(1) Use every known method which THAT is reasonable under 15,997
the circumstance for discovering and locating all wells drilled 15,998
within the area of such reservoir or its protective area which 15,999
THAT underlie any part of such coal mine or its protective area; 16,001
355
(2) Plug or recondition all known wells drilled within the 16,003
area of such reservoir or its protective area which THAT underlie 16,005
any part of such coal mine.
(B) Whenever an operator of a gas storage reservoir is 16,007
notified by the operator of a coal mine, as provided in division 16,008
(B) of section 1571.03 of the Revised Code, that such coal mine 16,010
operator believes that part of the boundary of such mine is
within two thousand linear feet of a well which THAT is drilled 16,011
through the horizon of such coal mine and into or through the 16,012
storage stratum or strata of such reservoir within the boundary 16,013
of such reservoir or within its protective area, such reservoir 16,014
operator shall plug or recondition such well as in this section 16,015
prescribed, unless it is agreed in a conference or is ordered by 16,016
the chief of the division of mines and reclamation MINERAL 16,017
RESOURCES MANAGEMENT after a hearing, as provided in section 16,019
1571.10 of the Revised Code, that the well referred to in the 16,020
notice is not such a well as is described in division (B) of 16,021
section 1571.03 of the Revised Code.
Whenever an operator of a gas storage reservoir is notified 16,023
by the operator of a coal mine as provided in division (C) or (D) 16,024
of section 1571.03 of the Revised Code, that part of the boundary 16,026
of such mine is, or within nine months is intended or expected to
be, within two thousand linear feet of a well which THAT is 16,027
drilled through the horizon of such mine and into or through the 16,029
storage stratum or strata of such reservoir within the boundary 16,030
of such reservoir or within its protective area, such reservoir 16,031
operator shall plug or recondition such well as in this section 16,032
prescribed. 16,033
Whenever the operator of a coal mine considers that the use 16,035
of a well such as in this section described, if used for 16,036
injecting gas into, or storing gas in, or removing gas from, a 16,037
gas storage reservoir, would be hazardous to the safety of 16,038
persons or property on or in the vicinity of the premises of such 16,039
coal mine or such reservoir or well, he THE COAL MINE OPERATOR 16,040
356
may file with the division of mines and reclamation objections to 16,041
the use of such well for such purposes, and a request that a 16,042
conference be held as provided in section 1571.10 of the Revised 16,044
Code, to discuss and endeavor to resolve by mutual agreement 16,046
whether or not such well shall or shall not be used for such 16,047
purposes, and whether or not such well shall be reconditioned, 16,048
inactivated, or plugged. Such request shall set forth the mine 16,049
operator's reasons for such objections. If no approved agreement 16,050
is reached in such conference, the gas storage well inspector 16,051
shall within ten days after the termination of such conference, 16,052
file with the chief a request that he THE CHIEF hear and 16,053
determine the matters considered at the conference as provided in 16,055
section 1571.10 of the Revised Code. Upon conclusion of the 16,056
hearing, the chief shall find and determine whether or not the 16,058
safety of persons or of the property on or in the vicinity of the 16,059
premises of such coal mine, or such reservoir, or such well 16,060
requires that such well be reconditioned, inactivated, or 16,061
plugged, and shall make an order consistent with such 16,062
determination, provided that the chief shall not order a well 16,063
plugged unless he THE CHIEF first finds that there is underground 16,065
leakage of gas therefrom.
The plugging or reconditioning of each well described in a 16,067
notice from a coal mine operator to a reservoir operator as 16,068
provided in division (B) of section 1571.03 of the Revised Code, 16,070
which must be plugged or reconditioned, shall be completed within 16,071
such time as the gas storage well inspector may fix in the case 16,072
of each such well. The plugging or reconditioning of each well 16,073
described in a notice from a coal mine operator to a reservoir 16,074
operator as provided in division (C) of section 1571.03 of the 16,076
Revised Code, which must be plugged or reconditioned, shall be 16,077
completed by the time such well, by reason of the extension of 16,078
the boundary of such coal mine, is within two thousand linear 16,079
feet of any part of the boundary of such mine. The plugging or 16,080
reconditioning of each well described in a notice from a coal 16,081
357
mine operator to a reservoir operator, as provided in division 16,082
(D) of section 1571.03 of the Revised Code, which must be plugged 16,084
or reconditioned, shall be completed by the time such well by 16,085
reason of the opening of such new mine, is within two thousand 16,086
linear feet of any part of the boundary of such new mine. A 16,087
reservoir operator who is required to complete the plugging or 16,088
reconditioning of a well within a period of time fixed as in this 16,089
paragraph DIVISION prescribed, may prior to the end of such 16,090
period of time, notify the division and the mine operator from 16,092
whom he THE RESERVOIR OPERATOR received a notice as provided in 16,093
division (B), (C), or (D) of section 1571.03 of the Revised Code, 16,096
in writing by registered mail, that the completion of the 16,098
plugging or reconditioning of the well referred to in such notice 16,099
will be delayed beyond the end of the period of time fixed 16,100
therefor as in this section provided, and that he THE RESERVOIR 16,101
OPERATOR requests that a conference be held for the purpose of 16,103
endeavoring to reach an agreement establishing a date subsequent 16,104
to the end of such period of time, on or before which such 16,105
reservoir operator may complete such plugging or reconditioning 16,106
without incurring any penalties for failure to do so as provided 16,107
in this chapter. If such a reservoir operator sends to such a 16,109
mine operator and to the division a notice and request for a 16,110
conference as in this paragraph DIVISION provided, such reservoir 16,111
operator shall not incur any penalties for failure to complete 16,113
the plugging or reconditioning OF such well within the period of 16,114
time fixed as in this paragraph DIVISION prescribed, unless such 16,115
reservoir operator fails to complete the plugging or
reconditioning of such well within the period of time fixed by an 16,116
approved agreement reached in such conference, or fixed by an 16,117
order by the chief upon a hearing held in the matter in the event 16,119
of failure to reach an approved agreement in the conference. 16,120
Whenever, in compliance with this division, a well is to be 16,123
plugged by a reservoir operator, such operator shall give to the 16,124
division notice thereof, as many days in advance as will be 16,125
358
necessary for the gas storage well inspector or a deputy mine 16,126
inspector to be present at such plugging. Such notification 16,127
shall be made on blanks furnished by the division and shall show 16,128
the following information:
(1) Name and address of the applicant; 16,130
(2) The location of the well identified by section or lot 16,132
number, city or village, and township and county; 16,133
(3) The well name and number of each well to be plugged. 16,135
(C) The operator shall give written notice at the same 16,137
time to the owner of the land upon which the well is located, the 16,138
owners or agents of the adjoining land, and adjoining well owners 16,139
or agents of his THE OPERATOR'S intention to abandon the well, 16,140
and of the time when he THE OPERATOR will be prepared to commence 16,142
plugging and filling the same. In addition to giving such 16,144
notices, such reservoir operator shall also at the same time send 16,145
a copy of such notice by registered mail to the coal mine 16,146
operator, if any, who sent to said THE reservoir operator the 16,147
notice as provided in division (B), (C), or (D) of section 16,149
1571.03 of the Revised Code, in order that such coal mine 16,151
operator or his THE COAL MINE OPERATOR'S DESIGNATED 16,152
representative whom he may designate as such, may attend and 16,153
observe the manner in which such plugging of such well is done. 16,154
If said THE reservoir operator plugs such well without an 16,156
inspector from the division being present to supervise the 16,159
plugging, said THE reservoir operator shall send to the division 16,160
and to the coal mine operator a copy of the report of the 16,162
plugging of such well, including in such report:
(1) The date of abandonment; 16,164
(2) The name of the owner or operator of such well at the 16,166
time of abandonment and his THE WELL OWNER'S OR OPERATOR'S post 16,167
office address; 16,168
(3) The location of such well as to township and county 16,170
and the name of the owner of the surface upon which such well is 16,171
drilled, with the address thereof; 16,172
359
(4) The date of the permit to drill; 16,174
(5) The date when drilled; 16,176
(6) Whether such well has been mapped; 16,178
(7) The depth of the well; 16,180
(8) The depth of the top of the sand to which the well was 16,182
drilled; 16,183
(9) The depth of each seam of coal drilled through; 16,185
(10) A detailed report as to how such well was plugged, 16,187
giving in particular the manner in which the coal and various 16,188
sands were plugged, and the date of the plugging of such well, 16,189
including therein the names of those who witnessed the plugging 16,190
of the well. 16,191
Such report shall be signed by the operator or his THE 16,193
OPERATOR'S agent who plugged such well and verified by the oath 16,195
of the party so signing. For the purposes of this section, a 16,196
deputy mine inspector may take acknowledgements and administer 16,197
oaths to the parties signing such report. 16,198
Whenever, in compliance with this division, a well is to be 16,201
reconditioned by a reservoir operator, such operator shall give 16,202
to the division notice thereof as many days before such 16,203
reconditioning is begun as will be necessary for the gas storage 16,204
well inspector, or a deputy mine inspector, to be present at such 16,205
reconditioning. No well shall be reconditioned if an inspector 16,206
of the division is not present unless permission to do so has 16,207
been granted by the chief. The reservoir operator, at the time 16,208
of giving notice to the division as in this section required, 16,210
also shall send a copy of such notice by registered mail to the 16,211
coal mine operator, if any, who sent to the reservoir operator 16,212
the notice as provided in division (B), (C), or (D) of section 16,213
1571.03 of the Revised Code, in order that such coal mine 16,214
operator or his THE COAL MINE OPERATOR'S DESIGNATED 16,215
representative whom he may designate as such, may attend and 16,217
observe the manner in which such reconditioning of such well is 16,218
done.
360
If said THE reservoir operator reconditions such well when 16,220
no inspector of the division is present to supervise the 16,221
reconditioning, the reservoir operator shall make written report 16,222
to the division describing the manner in which such 16,223
reconditioning was done, and shall send to the coal mine operator 16,225
a copy of such report by registered mail.
(D) Wells which THAT are required by this section to be 16,227
plugged shall be plugged in the manner specified in sections 16,228
1509.13 to 1509.19 of the Revised Code, and the operator shall 16,229
give the notifications and reports required by divisions (B) and 16,230
(C) of this section. No such well shall be plugged or abandoned 16,231
without the written approval of the division, and no such well 16,233
shall be mudded, plugged, or abandoned without the gas storage 16,234
well inspector or a deputy mine inspector present unless written 16,235
permission has been granted by the chief of the division or the
gas storage well inspector. For the purposes of this section, 16,237
the chief of the division of mines and reclamation has the 16,238
authority given the chief of the division of oil and gas in 16,239
sections 1509.15 and 1509.17 of the Revised Code. If such a well 16,240
has been plugged prior to the time plugging thereof is required 16,241
by this section, and, on the basis of the data, information, and 16,242
other evidence available it is determined that such plugging was 16,243
done in the manner required by this section, or was done in 16,244
accordance with statutes prescribing the manner of plugging wells 16,245
in effect at the time such plugging was done, and that there is 16,246
no evidence of leakage of gas from such well either at or below 16,247
the surface, and that such plugging is sufficiently effective to 16,248
prevent the leakage of gas from such well, the obligations 16,249
imposed upon such reservoir operator by this section as to 16,250
plugging said THE well, shall be considered fully satisfied. The 16,252
operator of a coal mine any part of the boundary of which is, or 16,253
within nine months is expected or intended to be, within two 16,254
thousand linear feet of such well, may at any time raise a 16,255
question as to whether the plugging of such well is sufficiently 16,256
361
effective to prevent the leakage of gas therefrom, and the issue 16,257
so made shall be determined by a conference or hearing as 16,258
provided in section 1571.10 of the Revised Code. 16,259
(E) Wells which THAT are to be reconditioned as required 16,261
by this section shall be, or shall be made to be: 16,262
(1) Cased in accordance with the provisions of the 16,264
statutes of Ohio THIS STATE in effect at the time such wells were 16,266
drilled, with such casing being, or made to be, sufficiently
effective in that there is no evidence of any leakage of gas 16,267
therefrom;
(2) Equipped with a producing string and well head 16,269
composed of new pipe, or pipe as good as new, and fittings 16,270
designed to operate with safety and to contain the stored gas at 16,271
maximum pressures contemplated. 16,272
When a well which THAT is to be reconditioned as required 16,274
by this section, has been reconditioned for use in the operation 16,275
of such reservoir prior to the time prescribed in this section, 16,276
and on the basis of the data, information, and other evidence 16,277
available it is determined that at the time such well was so 16,278
reconditioned the requirements prescribed in this division were 16,279
met, and that there is no evidence of underground leakage of gas 16,280
from such well, and that such reconditioning is sufficiently 16,281
effective to prevent underground leakage from said THE well, the 16,282
obligations imposed upon such reservoir operator by this section 16,283
as to reconditioning such well shall be considered fully 16,284
satisfied. Any operator of a coal mine any part of the boundary 16,285
of which is, or within nine months is expected or intended to be, 16,286
within two thousand linear feet of such well, may at any time 16,287
raise a question as to whether the reconditioning of such well is 16,288
sufficiently effective to prevent underground leakage of gas 16,289
therefrom, and the issue so made shall be determined by a 16,290
conference or hearing as provided in section 1571.10 of the 16,292
Revised Code.
If the gas storage well inspector at any time finds that a 16,294
362
well which THAT is drilled through the horizon of a coal mine and 16,296
into or through the storage stratum or strata of a reservoir
within the boundary of such reservoir or within its protective 16,297
area, is located within the boundary of such coal mine or within 16,298
two thousand linear feet of such mine boundary, and was drilled 16,299
prior to the time Ohio THE statutes OF THIS STATE required that 16,300
wells be cased, and that such well fails to meet the casing and 16,302
equipping requirements prescribed in this division of this 16,303
section, the gas storage well inspector shall promptly notify the 16,304
operator of such reservoir thereof in writing, and such reservoir 16,305
operator upon receipt of such notice, shall promptly recondition 16,306
such well in the manner prescribed in this division for 16,307
reconditioning wells, unless, in a conference or hearing as 16,308
provided in section 1571.10 of the Revised Code, a different 16,309
course of action is agreed upon or ordered. 16,311
(F)(1) When a well within the boundary of a gas storage 16,313
reservoir or within such reservoir's protective area penetrates 16,314
the storage stratum or strata of such reservoir, but does not 16,315
penetrate the coal seam within the boundary of a coal mine, the 16,316
gas storage well inspector may, upon application of the operator 16,317
of such storage reservoir, exempt such well from the requirements 16,318
of this section. Either party affected by such action of the gas 16,319
storage well inspector may request a conference and hearing with 16,320
respect to such exemption. 16,321
(2) When a well located within the boundary of a storage 16,323
reservoir or a reservoir's protective area is a producing well in 16,324
a stratum above or below the storage stratum, the obligations 16,325
imposed by this section shall not begin until such well ceases to 16,326
be a producing well. 16,327
(G) When retreat mining reaches a point in a coal mine 16,329
when the operator of such mine expects that within ninety days 16,330
retreat work will be at the location of a pillar surrounding an 16,331
active storage reservoir well, the operator of such mine shall 16,332
promptly send by registered mail notice to that effect to the 16,333
363
operator of such reservoir. Thereupon the operators may by 16,334
agreement determine whether it is necessary or advisable to 16,335
temporarily inactivate the well. If inactivated, the well shall 16,336
not be reactivated until a reasonable period of time has elapsed, 16,337
such period of time to be determined by agreement by the 16,338
operators. In the event that the parties cannot agree upon 16,339
either of the foregoing matters, such question shall be submitted 16,340
to the gas storage well inspector for a conference in accordance 16,341
with section 1571.10 of the Revised Code. 16,342
(H)(1) The provisions of this section that require the 16,344
plugging or reconditioning of wells shall not apply to such wells 16,346
as are used to inject gas into, store gas in, or remove gas from, 16,347
a gas storage reservoir when the sole purpose of such injection, 16,348
storage, or removal, is "testing." The operator of a gas storage 16,349
reservoir who injects gas into, stores gas in, or removes gas 16,350
from, a reservoir for the sole purpose of testing, shall be 16,351
subject to all other provisions of this chapter that are 16,353
applicable to operators of reservoirs. 16,354
(2) If the injection of gas into, or storage of gas in, a 16,356
gas storage reservoir any part of which, or of the protective 16,357
area of which, is within the boundary of a coal mine, is begun 16,358
after September 9, 1957, and if such injection or storage of gas 16,359
is for the sole purpose of testing, the operator of such 16,360
reservoir shall send by registered mail to the operator of such 16,361
coal mine and to the division at least sixty days' notice of the 16,363
date upon which such testing will be begun.
If at any time within the period of time during which 16,365
testing of a reservoir is in progress, any part of such reservoir 16,366
or of its protective area comes within any part of the boundary 16,367
of a coal mine, the operator of such reservoir shall promptly 16,368
send notice to that effect by registered mail to the operator of 16,369
such mine and to the division. 16,370
(3) Any coal mine operator who receives a notice as 16,372
provided for in this division (H)(2) OF THIS SECTION, may within 16,374
364
thirty days of the receipt thereof, file with the division 16,375
objections to such testing. The gas storage well inspector also 16,376
may, within the time within which a coal mine operator may file 16,377
such objection, place in the files of the division objections to 16,378
such testing. The reservoir operator shall comply throughout the 16,379
period of the testing operations with all conditions and 16,380
requirements agreed upon and approved in the conference on such 16,381
objections conducted as provided in section 1571.10 of the 16,383
Revised Code, or in an order made by the chief following a 16,384
hearing in the matter as provided in section 1571.10 of the 16,386
Revised Code. If in complying with such agreement or order 16,387
either the reservoir operator or the coal mine operator 16,388
encounters or discovers conditions which THAT were not known to 16,389
exist at the time of such conference or hearing and which THAT 16,391
materially affect such agreement or order, or the ability of the 16,393
reservoir operator to comply therewith, either operator may apply 16,394
for a rehearing or modification of said THE order. 16,395
(I) In addition to complying with all other provisions of 16,397
this chapter and any lawful orders issued thereunder, the 16,400
operator of each gas storage reservoir shall keep all wells 16,401
drilled into or through the storage stratum or strata within the 16,402
boundary of his THE OPERATOR'S reservoir or within his THE 16,404
reservoir's protective area in such condition, and operate the 16,405
same in such manner, as to prevent the escape of gas therefrom 16,406
into any coal mine, and shall operate and maintain such storage 16,407
reservoir and its facilities in such manner and at such pressures 16,408
as will prevent gas from escaping from such reservoir or its 16,409
facilities into any coal mine.
Sec. 1571.06. (A) Distances between boundaries of gas 16,419
storage reservoirs, reservoir protective areas, coal mines, coal 16,420
mine protective areas, and wells, as shown on the most recent 16,421
maps of storage reservoirs and of coal mines filed with the 16,422
division of mines and reclamation MINERAL RESOURCES MANAGEMENT as 16,423
required by this chapter and sections 1563.03 to 1563.05 of the 16,424
365
Revised Code, may be accepted and relied upon as being accurate 16,427
and correct, by operators of coal mines and operators of 16,428
reservoirs. Data, statements, and reports filed with the 16,429
division as required by this chapter and sections 1563.03 to 16,430
1563.05 of the Revised Code may be likewise accepted and relied 16,432
upon. However, the gas storage well inspector or any reservoir 16,433
operator or coal mine operator, or any other person having a
direct interest in the matter, may at any time question the 16,434
accuracy or correctness of any map, data, statement, or report so 16,435
filed, with the division by notifying the division thereof in 16,437
writing. Such notice shall state the reasons why the question is 16,438
raised. When any such notice is so filed, the gas storage well 16,439
inspector shall proceed promptly to hold a conference on the 16,440
question thus raised, as provided in section 1571.10 of the 16,441
Revised Code. 16,442
(B) If, in any proceeding under this chapter, the accuracy 16,444
or correctness of any map, data, statement, or report, filed by 16,447
any person pursuant to the requirements of this chapter is in 16,449
question, the person so filing the same shall have the burden of
proving the accuracy or correctness thereof. 16,450
(C) The operator of a gas storage reservoir shall, at all 16,452
reasonable times, be permitted to inspect the premises and 16,453
facilities of any coal mine any part of the boundary of which is 16,454
within any part of the boundary of such gas storage reservoir or 16,455
within its protective area, and the operator of a coal mine 16,456
shall, at all reasonable times, be permitted to inspect the
premises and facilities of any gas storage reservoir any part of 16,457
the boundary of which or any part of the protective area of which 16,458
is within the boundary of such coal mine. In the event that 16,459
either such reservoir operator or such coal mine operator denies 16,460
permission to make any such inspection, the chief of the division 16,461
of mines and reclamation MINERAL RESOURCES MANAGEMENT on his THE 16,462
CHIEF'S own motion, or on an application by the operator desiring 16,464
to make such inspection, upon a hearing thereon if requested by
366
either operator, after reasonable notice of such hearing, may 16,465
make an order providing for such inspection. 16,466
Sec. 1571.08. (A) Whenever in this chapter, the method or 16,475
material to be used in discharging any obligations imposed by 16,478
this chapter is specified, an alternative method or material may 16,479
be used if approved by the gas storage well inspector or the 16,480
chief of the division of mines and reclamation MINERAL RESOURCES 16,481
MANAGEMENT. A person desiring to use such alternative method or 16,483
material shall file with the division of mines and reclamation 16,484
MINERAL RESOURCES MANAGEMENT an application for permission to do 16,487
so. Such application shall describe such alternative method or
material in reasonable detail. The gas storage well inspector 16,488
shall promptly send by registered mail notice of the filing of 16,489
such application to any coal mine operator or reservoir operator 16,490
whose mine or reservoir may be directly affected thereby. Any 16,491
such coal mine operator or reservoir operator may within ten days 16,492
following receipt of such notice, file with the division
objections to such application. The gas storage well inspector 16,493
may also file with the division an objection to such application 16,495
at any time during which coal mine operators or reservoir 16,497
operators are permitted to file objections. If no objections are 16,498
filed within said THE ten-day period of time, the gas storage 16,500
well inspector shall thereupon issue a permit approving the use
of such alternative method or material. If any such objections 16,501
are filed by any coal mine operator or reservoir operator, or by 16,502
the gas storage well inspector, the question as to whether or not 16,503
the use of such alternative method or material, or a modification 16,504
thereof is approved, shall be determined by a conference or 16,506
hearing as provided in section 1571.10 of the Revised Code. 16,507
(B) Whenever in this chapter, provision is made for the 16,510
filing of objections with the division, such objections shall be 16,511
in writing and shall state as definitely as is reasonably 16,512
possible the reasons for such objections. Upon the filing of any
such objection the gas storage well inspector shall promptly fix 16,513
367
the time and place for holding a conference for the purpose of 16,514
discussing and endeavoring to resolve by mutual agreement the 16,515
issue raised by such objection. The gas storage well inspector 16,516
shall send written notice thereof by registered mail to each 16,517
person having a direct interest therein. Thereupon the issue
made by such objection shall be determined by a conference or 16,518
hearing in accordance with the procedures for conferences and 16,519
hearings as provided in section 1571.10 of the Revised Code. 16,520
Sec. 1571.09. (A) The chief of the division of mines and 16,530
reclamation MINERAL RESOURCES MANAGEMENT or any officer or
employee of the division thereunto duly authorized by the chief 16,531
may investigate, inspect, or examine records and facilities of 16,532
any coal mine operator or reservoir operator, for the purpose of 16,534
determining the accuracy or correctness of any map, data, 16,535
statement, report, or other item or article, filed with or 16,536
otherwise received by the division pursuant to this chapter. 16,537
When a material question is raised by any reservoir operator or 16,539
coal mine operator as to the accuracy or correctness of any such 16,540
map, data, statement, report, or other item or article, which may 16,541
directly affect him THE RESERVOIR OPERATOR OR COAL MINE OPERATOR, 16,542
the matter shall be determined by a conference or hearing as 16,543
provided in section 1571.10 of the Revised Code. 16,544
(B) The division of mines and reclamation MINERAL 16,546
RESOURCES MANAGEMENT shall keep all maps, data, statements, 16,547
reports, well logs, notices, or other items or articles filed 16,548
with or otherwise received by it pursuant to the provisions of 16,549
this chapter in a safe place and conveniently accessible to 16,551
persons entitled to examine them. It shall maintain indexes of 16,552
all such items and articles so that any of them may be promptly 16,553
located. None of such items or articles shall be open to public 16,554
inspection, but: (1) any of such items or articles pertaining to 16,555
a mine may be examined by: the operator, owner, lessee, or agent 16,556
of such mine; persons financially interested in such mine; owners 16,557
of land adjoining such mine; the operator, owner, lessee, or
368
agent of a mine adjoining such mine; authorized representatives 16,558
of the persons employed to work in such mine; the operator of a 16,559
gas storage reservoir any part of the boundary of which or of the 16,560
boundary of its protective area is within ten thousand linear 16,561
feet of the boundary of such mine, or the agent of such reservoir 16,562
operator thereunto authorized by such reservoir operator; or any
employee of the division of geological survey of IN the state 16,564
DEPARTMENT of Ohio NATURAL RESOURCES thereunto duly authorized by 16,566
the chief of said THAT division; and (2) any of such items or 16,567
articles pertaining to a gas storage reservoir may be examined 16,568
by: the operator of such reservoir; the operator of a coal mine 16,569
any part of the boundary of which is within ten thousand linear 16,570
feet of the boundary of a gas storage reservoir or of the 16,571
boundary of its protective area, or the agent of such mine 16,572
operator thereunto authorized by such mine operator, or the
authorized representatives of the persons employed to work in 16,573
such mine; or any employee of the division of geological survey 16,574
of the state of Ohio thereunto duly authorized by the chief of 16,576
said THAT division. The division of mines and reclamation 16,578
MINERAL RESOURCES MANAGEMENT shall not permit any of such items 16,579
or articles to be removed from its office, and it shall not
furnish copies of any such items or articles to any person other 16,580
than as provided in this chapter. 16,581
The division shall keep a docket of all proceedings arising 16,583
under this chapter, in which shall be entered the dates of any 16,585
notice received or issued, the names of all persons to whom it 16,586
sends a notice, and the address of each, the dates of conferences
and hearings, and all findings, determinations, decisions, 16,587
rulings, and orders, or other actions by the division. 16,588
(C) Whenever any provision of this chapter requires the 16,590
division to give notice to the operator of a coal mine of any 16,592
proceeding to be held pursuant to any provision of said sections 16,593
THIS CHAPTER, the division shall simultaneously give a copy of 16,594
such notice to the authorized representatives of the persons 16,595
369
employed to work in such mine.
Sec. 1571.10. (A) The gas storage well inspector or any 16,605
person having a direct interest in the administration of this 16,606
chapter may at any time file with the division of mines and 16,607
reclamation MINERAL RESOURCES MANAGEMENT a written request that a 16,608
conference be held for the purpose of discussing and endeavoring 16,610
to resolve by mutual agreement any question or issue relating to
the administration of said sections THIS CHAPTER, or to 16,611
compliance with their ITS provisions, or to any violation 16,613
thereof. Such request shall describe the matter concerning which 16,614
the conference is requested. Thereupon the gas storage well
inspector shall promptly fix the time and place for the holding 16,615
of such conference and shall send written notice thereof to each 16,616
person having a direct interest therein. At such conference the 16,617
gas storage well inspector or a representative of the division 16,618
designated by him THE GAS STORAGE WELL INSPECTOR shall be in 16,619
attendance, and shall preside at the conference, and he THE GAS 16,620
STORAGE WELL INSPECTOR OR DESIGNATED REPRESENTATIVE may make such 16,621
recommendations as he THE GAS STORAGE WELL INSPECTOR OR 16,622
DESIGNATED REPRESENTATIVE deems proper. Any agreement reached at 16,623
such conference shall be consistent with the requirements of this 16,624
chapter and, if approved by the gas storage well inspector, it 16,627
shall be reduced to writing and shall be effective. Any such
agreement approved by the gas storage well inspector shall be 16,628
kept on file in the division and a copy thereof shall be 16,629
furnished to each of the persons having a direct interest 16,630
therein. The conference shall be deemed terminated as of the 16,631
date an approved agreement is reached or when any person having a
direct interest therein refuses to confer thereafter. Such a 16,632
conference shall be held in all cases prior to the holding of a 16,633
hearing as provided in this section. 16,634
(B) Within ten days after the termination of a conference 16,636
at which no approved agreement is reached, any person who 16,637
participated in such conference and who has a direct interest in 16,638
370
the subject matter thereof, or the gas storage well inspector, 16,639
may file with the chief of the division of mines and reclamation 16,640
MINERAL RESOURCES MANAGEMENT a request that he THE CHIEF hear and 16,641
determine the matter or matters, or any part thereof considered 16,644
at the conference. Thereupon the chief shall promptly fix the
time and place for the holding of such hearing and shall send 16,645
written notice thereof to each person having a direct interest 16,646
therein. The form of the request for such hearing and the 16,647
conduct of the hearing shall be in accordance with regulations 16,648
which RULES THAT the chief adopts and promulgates as provided in 16,649
division (C) of this UNDER section 1571.11 OF THE REVISED CODE. 16,650
Consistent with the requirement for reasonable notice each such 16,652
hearing shall be held promptly after the filing of the request 16,653
therefor. Any person having a direct interest in the matter to
be heard shall be entitled to appear and be heard in person or by 16,654
attorney. The division may present at such hearing any evidence 16,655
which THAT is material to the matter being heard and which THAT 16,656
has come to the division's attention in any investigation or 16,657
inspection made pursuant to provisions of this chapter. 16,658
(C) For the purpose of conducting such a hearing the chief 16,660
may require the attendance of witnesses and the production of 16,661
books, records, and papers, and he THE CHIEF may, and at the 16,662
request of any person having a direct interest in the matter 16,664
being heard, he THE CHIEF shall, issue subpoenas for witnesses or 16,665
subpoenas duces tecum to compel the production of any books, 16,666
records, or papers, directed to the sheriff SHERIFFS of the 16,667
counties where such witnesses are found, which subpoenas shall be 16,669
served and returned in the same manner as subpoenas in criminal 16,670
cases are served and returned. The fees and mileage of sheriffs
and witnesses shall be the same as those allowed by the court of 16,671
common pleas in criminal cases. Such fee and mileage expenses 16,672
shall be paid in advance by the persons at whose request they are 16,673
incurred, and the remainder of such expenses shall be paid out of 16,674
funds appropriated for the expenses of the division.
371
In case of disobedience or neglect of any subpoena served 16,676
on any person, or the refusal of any witness to testify to any 16,677
matter regarding which he THE WITNESS may be lawfully 16,679
interrogated, the court of common pleas of the county in which
such disobedience, neglect, or refusal occurs, or any judge 16,680
thereof, on application of the chief, shall compel obedience by 16,681
attachment proceedings for contempt as in the case of 16,682
disobedience of the requirements of a subpoena issued from such
court or a refusal to testify therein. Witnesses at such 16,683
hearings shall testify under oath, and the chief may administer 16,684
oaths or affirmations to persons who so testify. 16,685
(D) With the consent of the chief, the testimony of any 16,687
witness may be taken by deposition at the instance of a party to 16,688
any hearing before the chief at any time after hearing has been 16,689
formally commenced. The chief may, of his THE CHIEF'S own 16,690
motion, order testimony to be taken by deposition at any stage in 16,691
any hearing, proceeding,or investigation pending before him THE 16,692
CHIEF. Such deposition shall be taken in the manner prescribed 16,694
by the laws of Ohio THIS STATE for taking depositions in civil 16,696
cases in courts of record.
(E) After the conclusion of a hearing the chief shall make 16,698
a determination and finding of facts. Every adjudication, 16,699
determination, or finding by the chief shall be made by written 16,700
order and shall contain a written finding by the chief of the 16,701
facts upon which the adjudication, determination, or finding is 16,703
based. Notice of the making of such order shall be given to the
persons whose rights, duties, or privileges are affected thereby, 16,704
by sending a certified copy thereof by registered mail to each of 16,705
such persons.
Adjudications, determinations, findings, and orders made by 16,707
the chief shall not be governed by, or be subject to, sections 16,709
119.01 to 119.13 CHAPTER 119. of the Revised Code. 16,712
Sec. 1571.11. The chief of the division of mines and 16,721
reclamation MINERAL RESOURCES MANAGEMENT shall adopt regulations 16,723
372
RULES governing administrative procedures to be followed in the 16,724
administration of this chapter, which shall be of general 16,725
application in all matters and to all persons affected by this 16,726
chapter.
No regulation RULE adopted by said THE chief pursuant to 16,729
this section shall be effective until the tenth day after it has 16,730
been promulgated by the filing of a certified copy thereof HAS 16,731
BEEN FILED in the office of the secretary of state. 16,732
All regulations RULES filed in the office of the secretary 16,734
of state pursuant to this section shall be recorded by the 16,735
secretary of state under a heading entitled "Regulations relating 16,736
to the storage of gas in underground gas storage reservoirs", and 16,737
shall be numbered consecutively under such heading and shall bear 16,738
the date of filing. Such regulations RULES shall be public 16,739
records open to public inspection. 16,741
No regulation RULE filed in the office of the secretary of 16,743
state pursuant to this section shall be amended except by a 16,744
regulation which RULE THAT contains the entire regulation RULE as 16,746
amended and which THAT repeals the regulation RULE amended. Each 16,747
regulation which RULE THAT amends a regulation RULE shall bear 16,748
the same consecutive regulation RULE number as the number of the 16,750
regulation which RULE THAT it amends, and it shall bear the date 16,752
of filing.
No regulation RULE filed in the office of the secretary of 16,754
state pursuant to this section shall be repealed except by a 16,755
regulation RULE. Each regulation which RULE THAT repeals a 16,757
regulation RULE shall bear the same consecutive regulation RULE 16,758
number as the number of the regulation which RULE THAT it 16,759
repeals, and it shall bear the date of filing. 16,761
The authority and the duty of the chief to adopt and 16,763
promulgate regulations RULES as provided in this section shall 16,764
not be governed by, or be subject to sections 119.01 to 119.13 16,767
CHAPTER 119. of the Revised Code.
The chief shall have available at all times copies of all 16,769
373
regulations RULES adopted and promulgated pursuant to this 16,771
section, and shall furnish same free of charge to any person 16,772
requesting same.
Sec. 1571.14. Any person claiming to be aggrieved or 16,781
adversely affected by an order of the chief of the division of 16,782
mines and reclamation MINERAL RESOURCES MANAGEMENT made as 16,783
provided in section 1571.10 or 1571.16 of the Revised Code may 16,786
appeal to the director of natural resources for an order vacating 16,788
or modifying such order. Upon receipt of the appeal, the 16,789
director shall appoint an individual who has knowledge of the 16,790
laws and rules regarding the underground storage of gas and who 16,791
shall act as a hearing officer in accordance with Chapter 119. of 16,792
the Revised Code in hearing the appeal.
The person appealing to the director shall be known as 16,794
appellant and the chief shall be known as appellee. The 16,795
appellant and the appellee shall be deemed parties to the appeal. 16,796
The appeal shall be in writing and shall set forth the 16,798
order complained of and the grounds upon which the appeal is 16,799
based. The appeal shall be filed with the director within thirty 16,800
days after the date upon which appellant received notice by 16,801
registered mail of the making of the order complained of, as 16,802
required by section 1571.10 of the Revised Code. Notice of the 16,804
filing of such appeal shall be delivered by appellant to the 16,805
chief within three days after the appeal is filed with the 16,807
director.
Within seven days after receipt of the notice of appeal the 16,809
chief shall prepare and certify to the director at the expense of 16,810
appellant a complete transcript of the proceedings out of which 16,811
the appeal arises, including a transcipt of the testimony 16,812
submitted to the chief. 16,813
Upon the filing of the appeal the director shall fix the 16,815
time and place at which the hearing on the appeal will be held, 16,816
and shall give appellant and the chief at least ten days' written 16,817
notice thereof by mail. The director may postpone or continue 16,818
374
any hearing upon his THE DIRECTOR'S own motion or upon 16,819
application of appellant or of the chief. 16,821
The filing of an appeal provided for in this section does 16,823
not automatically suspend or stay execution of the order appealed 16,824
from, but upon application by the appellant the director may 16,825
suspend or stay such execution pending determination of the 16,826
appeal upon such terms as he THE DIRECTOR deems proper. 16,827
The hearing officer appointed by the director shall hear 16,829
the appeal de novo, and either party to the appeal may submit 16,830
such evidence as the hearing officer deems admissible. 16,831
For the purpose of conducting a hearing on an appeal, the 16,833
hearing officer may require the attendance of witnesses and the 16,834
production of books, records, and papers, and may, and at the 16,835
request of any party shall, issue subpoenas for witnesses or 16,836
subpoenas duces tecum to compel the production of any books, 16,837
records, or papers, directed to the sheriff SHERIFFS of the 16,838
counties where such witnesses are found, which subpoenas shall be 16,840
served and returned in the same manner as subpoenas in criminal 16,841
cases are served and returned. The fees and mileage of sheriffs 16,842
and witnesses shall be the same as those allowed by the court of 16,843
common pleas in criminal cases. Such fee and mileage expenses 16,844
incurred at the request of appellant shall be paid in advance by 16,845
appellant, and the remainder of such expenses shall be paid out 16,846
of funds appropriated for the expenses of the division of mines 16,848
and reclamation MINERAL RESOURCES MANAGEMENT. 16,849
In case of disobedience or neglect of any subpoena served 16,851
on any person, or the refusal of any witness to testify to any 16,852
matter regarding which he THE WITNESS may be lawfully 16,853
interrogated, the court of common pleas of the county in which 16,855
such disobedience, neglect, or refusal occurs, or any judge 16,856
thereof, on application of the director, shall compel obedience 16,857
by attachment proceedings for contempt as in the case of 16,858
disobedience of the requirements of a subpoena issued from such 16,859
court or a refusal to testify therein. Witnesses at such 16,860
375
hearings shall testify under oath, and the hearing officer may 16,861
administer oaths or affirmations to persons who so testify. 16,862
At the request of any party to the appeal, a stenographic 16,864
record of the testimony and other evidence submitted shall be 16,865
taken by an official court shorthand reporter at the expense of 16,866
the party making the request therefor. The record shall include 16,867
all of the testimony and other evidence and the rulings on the 16,868
admissibility thereof presented at the hearing. The hearing 16,869
officer shall pass upon the admissibility of evidence, but any 16,870
party may at the time object to the admission of any evidence and 16,871
except to the ruling of the hearing officer thereon, and if the 16,872
hearing officer refuses to admit evidence, the party offering 16,873
same may make a proffer thereof, and such proffer shall be made a 16,874
part of the record of such hearing. 16,875
If upon completion of the hearing the hearing officer finds 16,877
that the order appealed from was lawful and reasonable, he THE 16,878
HEARING OFFICER shall make a written order affirming the order 16,880
appealed from. If the hearing officer finds that such order was 16,881
unreasonable or unlawful, he THE HEARING OFFICER shall make a 16,882
written order vacating the order appealed from and making the 16,884
order which THAT it finds the chief should have made. Every 16,885
order made by the hearing officer shall contain a written finding 16,886
by him THE HEARING OFFICER of the facts upon which the order is 16,888
based. Notice of the making of such order shall be given 16,889
forthwith to each party to the appeal by mailing a certified copy 16,890
thereof to each such party by registered mail.
Sec. 1571.16. (A) The gas storage well inspector or any 16,900
person having a direct interest in the subject matter of this
chapter may file with the division of mines and reclamation 16,902
MINERAL RESOURCES MANAGEMENT a complaint in writing stating that 16,904
a person is violating, or is about to violate, a provision or 16,905
provisions of those sections THIS CHAPTER, or has done, or is 16,906
about to do, an act, matter, or thing therein prohibited or 16,908
declared to be unlawful, or has failed, omitted, neglected, or 16,909
376
refused, or is about to fail, omit, neglect, or refuse, to 16,910
perform a duty enjoined upon him THE PERSON by this chapter. 16,912
Upon the filing of such a complaint, the chief of the division of 16,914
mines and reclamation MINERAL RESOURCES MANAGEMENT shall promptly 16,915
fix the time for the holding of a hearing on such complaint and 16,917
shall send by registered mail to the person so complained of, a 16,918
copy of such complaint together with at least five days' notice 16,919
of the time and place at which such hearing will be held. Such 16,920
notice of such hearing shall also be given to all persons having 16,921
a direct interest in the matters complained of in such complaint. 16,922
Such hearing shall be conducted in the same manner, and the chief 16,923
and persons having a direct interest in the matter being heard, 16,924
shall have the same powers, rights, and duties as provided in 16,925
divisions (B), (C), (D), and (E) of section 1571.10 of the 16,926
Revised Code, in connection with hearings by the chief;, provided 16,927
that if after conclusion of the hearing the chief finds that the 16,928
charges against the person complained of, as stated in such 16,929
complaint, have not been sustained by a preponderance of 16,930
evidence, he THE CHIEF shall make an order dismissing the 16,932
complaint, and if the chief finds that the charges have been so 16,933
sustained, he THE CHIEF shall by appropriate order require 16,934
compliance with those sections PROVISIONS. 16,935
(B) Whenever the chief is of the opinion that any person 16,937
is violating, or is about to violate, any provision of this 16,938
chapter, or has done, or is about to do, any act, matter, or 16,941
thing therein prohibited or declared to be unlawful, or has 16,942
failed, omitted, neglected, or refused, or is about to fail, 16,943
omit, neglect, or refuse, to perform any duty enjoined upon him 16,944
THE PERSON by this chapter, or has failed, omitted, neglected, or 16,946
refused, or is about to fail, omit, neglect, or refuse, to obey 16,947
any lawful requirement or order made by the chief, or any final 16,948
judgment, order, or decree made by any court pursuant to this 16,949
chapter, then and in every such case, the chief may institute in 16,951
a court of competent jurisdiction of the county or counties 16,952
377
wherein the operation is situated, an action to enjoin or 16,953
restrain such violations or to enforce obedience with law or the 16,954
orders of the chief. No injunction bond shall be required to be 16,955
filed in any such proceeding. Such persons or corporations as 16,956
the court may deem necessary or proper to be joined as parties in 16,957
order to make its judgment, order, or writ effective may be 16,958
joined as parties. An appeal may be taken as in other civil 16,959
actions.
(C) In addition to the other remedies as provided in 16,961
divisions (A) and (B) of this section, any reservoir operator or 16,962
coal mine operator affected by this chapter may proceed by 16,963
injunction or other appropriate remedy to restrain violations or 16,965
threatened violations of this chapter or of orders of the chief, 16,968
or of the hearing officer appointed under section 1571.14 of the 16,969
Revised Code, or the judgments, orders, or decrees of any court 16,971
or to enforce obedience therewith. 16,972
(D) Each remedy prescribed in divisions (A), (B), and (C) 16,974
of this section is deemed concurrent or contemporaneous with each 16,975
other remedy prescribed therein, and the existence or exercise of 16,976
any one such remedy shall not prevent the exercise of any other 16,977
such remedy. 16,978
(E) The provisions of this chapter providing for 16,980
conferences, hearings by the chief, appeals to the hearing 16,982
officer from orders of the chief, and appeals to the court of 16,984
common pleas from orders of the hearing officer, and the remedies 16,985
prescribed in divisions (A), (B), (C), and (D) of this section, 16,986
do not constitute the exclusive procedure which THAT a person, 16,987
who deems his THE PERSON'S rights to be unlawfully affected by 16,988
any official action taken thereunder, must pursue in order to 16,989
protect and preserve such rights, nor does this chapter 16,990
constitute A procedure which THAT such a person must pursue 16,992
before he THE PERSON may lawfully proceed by other actions, legal 16,994
or equitable, to protect and preserve such rights. 16,995
Sec. 1571.99. Any person who shall willfully violate 17,004
378
PURPOSELY VIOLATES any order of the chief of the division of 17,006
mines and reclamation MINERAL RESOURCES MANAGEMENT, of a hearing 17,007
officer appointed by the director of natural resources under 17,008
section 1571.14 of the Revised Code, or of the director, made 17,009
pursuant to this chapter shall be punished by a fine not 17,010
exceeding two thousand dollars, or imprisoned in jail for a
period not exceeding twelve months, or both, in the discretion of 17,011
the court.
Sec. 5749.02. (A) For the purpose of providing revenue to 17,020
administer the state's coal mining and reclamation regulatory 17,021
program, to meet the environmental and resource management needs 17,022
of this state, and to reclaim land affected by mining, an excise 17,023
tax is hereby levied on the privilege of engaging in the 17,024
severance of natural resources from the soil or water of this 17,025
state. The tax shall be imposed upon the severer and shall be: 17,026
(1) Seven cents per ton of coal; 17,028
(2) Four cents per ton of salt; 17,030
(3) Two cents per ton of limestone or dolomite; 17,032
(4) Two cents per ton of sand and gravel; 17,034
(5) Ten cents per barrel of oil; 17,036
(6) Two and one-half cents per thousand cubic feet of 17,038
natural gas; 17,039
(7) One cent per ton of clay, sandstone or conglomerate, 17,041
shale, gypsum, or quartzite. 17,042
(B) Of the moneys received by the treasurer of state from 17,044
the tax levied in division (A)(1) of this section, six and 17,045
three-tenths per cent shall be credited to the geological mapping 17,046
fund created in section 1505.09 of the Revised Code, fourteen and 17,047
two-tenths per cent shall be credited to the reclamation 17,049
supplemental forfeiture fund created in division (B) of section 17,050
1513.18 of the Revised Code, fifty-seven and nine-tenths per cent 17,051
shall be credited to the coal mining administration and 17,052
reclamation reserve fund created in section 1513.181 of the 17,053
Revised Code, and the remainder shall be credited to the 17,054
379
unreclaimed lands fund created in section 1513.30 of the Revised 17,055
Code. When, within ten days before or after the beginning of AT 17,056
ANY TIME DURING a fiscal year, the chief of the division of mines 17,057
and reclamation MINERAL RESOURCES MANAGEMENT finds that the 17,059
balance of the coal mining administration and reclamation reserve 17,060
fund is below two million dollars, the chief shall certify that 17,061
fact to the director of budget and management. Upon receipt of 17,062
the chief's certification, the director shall direct the 17,063
treasurer of state to instead credit to the coal mining 17,064
administration and reclamation reserve fund during the REMAINDER 17,065
OF THE fiscal year for which the certification is made the 17,067
fourteen and two-tenths per cent of the moneys collected from the 17,068
tax levied in division (A)(1) of this section and otherwise 17,069
required by this division to be credited to the reclamation 17,070
supplemental forfeiture fund.
Fifteen per cent of the moneys received by the treasurer of 17,072
state from the tax levied in division (A)(2) of this section 17,073
shall be credited to the geological mapping fund and the 17,074
remainder shall be credited to the unreclaimed lands fund. 17,075
Of the moneys received by the treasurer of state from the 17,077
tax levied in divisions (A)(3) and (4) of this section, seven and 17,078
five-tenths per cent shall be credited to the geological mapping 17,079
fund, forty-two and five-tenths per cent shall be credited to the 17,080
unreclaimed lands fund, and the remainder shall be credited to 17,081
the surface mining administration fund created in section 1514.11 17,083
1514.06 of the Revised Code.
Of the moneys received by the treasurer of state from the 17,085
tax levied in divisions (A)(5) and (6) of this section, ninety 17,087
per cent shall be credited to the oil and gas well fund created 17,088
in section 1509.02 of the Revised Code and ten per cent shall be 17,089
credited to the geological mapping fund. All of the moneys 17,091
received by the treasurer of state from the tax levied in
division (A)(7) of this section shall be credited to the surface 17,092
mining administration fund. 17,093
380
(C) For the purpose of paying the state's expenses for 17,095
reclaiming mined lands that the operator failed to reclaim under 17,097
a coal mining and reclamation permit issued under Chapter 1513. 17,098
of the Revised Code, or under a surface mining permit issued 17,099
under Chapter 1514. of the Revised Code, for which the operator's 17,101
bond is not sufficient to pay the state's expense for 17,102
reclamation, there is hereby levied an excise tax on the 17,103
privilege of engaging in the severance of coal from the soil or 17,104
water of this state in addition to the taxes levied by divisions 17,105
(A)(1) and (D) of this section. The tax shall be imposed at the 17,106
rate of one cent per ton of coal. Moneys received by the 17,108
treasurer of state from the tax levied under this division shall 17,109
be credited to the reclamation supplemental forfeiture fund
created in division (B) of section 1513.18 of the Revised Code. 17,111
(D) For the purpose of paying the state's expenses for 17,113
reclaiming coal mined lands that the operator failed to reclaim 17,114
in accordance with Chapter 1513. of the Revised Code under a coal 17,115
mining and reclamation permit issued after April 10, 1972, but 17,116
before September 1, 1981, for which the operator's bond is not 17,117
sufficient to pay the state's expense for reclamation and paying 17,118
the expenses for administering the state's coal mining and 17,119
reclamation regulatory program, there is hereby levied an excise 17,120
tax on the privilege of engaging in the severance of coal from 17,121
the soil or water of this state in addition to the taxes levied 17,122
by divisions (A)(1) and (C) of this section. The tax shall be 17,123
imposed at the rate of one cent per ton of coal as prescribed in 17,124
this division. Moneys received by the treasurer of state from 17,125
the tax levied by this division shall be credited to the 17,126
reclamation supplemental forfeiture fund created in division (B) 17,128
of section 1513.18 of the Revised Code. 17,129
When, at the close of any fiscal year, the chief finds that 17,131
the balance of the reclamation supplemental forfeiture fund, plus 17,133
estimated transfers to it from the coal mining and reclamation 17,134
reserve fund under section 1513.181 of the Revised Code, plus the 17,135
381
estimated revenues from the tax levied by this division for the 17,136
remainder of the calendar year that includes the close of the 17,137
fiscal year, are sufficient to complete the reclamation of such 17,138
lands, the purposes for which the tax under this division is 17,139
levied shall be deemed accomplished at the end of that calendar 17,140
year. The chief, within thirty days after the close of the 17,141
fiscal year, shall certify those findings to the tax 17,142
commissioner, and the tax shall cease to be imposed after the 17,144
last day of that calendar year.
(E) On the day fixed for the payment of the severance 17,146
taxes required to be paid by this section, the taxes with any 17,147
penalties or interest on them shall become a lien on all property 17,149
of the taxpayer in this state whether the property is employed by 17,151
the taxpayer in the prosecution of its business or is in the
hands of an assignee, trustee, or receiver for the benefit of 17,152
creditors or stockholders. The lien shall continue until the 17,153
taxes and any penalties or interest thereon are paid. 17,154
Upon failure of the taxpayer to pay a tax on the day fixed 17,156
for payment, the tax commissioner may file, for which no filing 17,157
fee shall be charged, in the office of the county recorder in 17,158
each county in this state in which the taxpayer owns or has a 17,159
beneficial interest in real estate, notice of the lien containing 17,160
a brief description of the real estate. The lien shall not be 17,161
valid as against any mortgagee, purchaser, or judgment creditor 17,162
whose rights have attached prior to the time the notice is filed 17,163
in the county in which the real estate that is the subject of the 17,165
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 17,167
"severance tax lien record" and indexed under the name of the
taxpayer charged with the tax. When the tax has been paid, the 17,168
tax commissioner shall furnish to the taxpayer an acknowledgement 17,169
of payment, which the taxpayer may record with the recorder of 17,170
each county in which notice of the lien has been filed. 17,171
Sec. 6111.044. Upon receipt of an application for an 17,180
382
injection well drilling permit, an injection well operating 17,181
permit, a renewal of an injection well operating permit, or a 17,182
modification of an injection well drilling permit, operating 17,183
permit, or renewal of an operating permit, the director of 17,184
environmental protection shall determine whether the application 17,185
is complete and demonstrates that the activities for which the 17,186
permit, renewal permit, or modification is requested will comply 17,187
with the Federal Water Pollution Control Act and regulations 17,188
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 17,189
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 17,190
under it; and this chapter and the rules adopted under it. If 17,191
the application demonstrates that the proposed activities will 17,192
not comply or will pose an unreasonable risk of inducing seismic 17,193
activity, inducing geologic fracturing, or contamination of an 17,194
underground source of drinking water, the director shall deny the 17,196
application. If the application does not make the required
demonstrations, the director shall return it to the applicant 17,197
with an indication of those matters about which a required 17,199
demonstration was not made. If the director determines that the 17,200
application makes the required demonstrations, the director shall 17,202
transmit copies of the application and all of the accompanying 17,203
maps, data, samples, and information to the chief of the division 17,204
of oil and gas MINERAL RESOURCES MANAGEMENT, the chief of the 17,206
division of geological survey, AND the chief of the division of 17,207
water, and, if the well is or is to be located in a coal-bearing 17,208
township, the chief of the division of mines and reclamation in 17,209
the department of natural resources.
The chief of the division of geological survey shall 17,211
comment upon the application if the chief determines that the 17,212
proposed well or injection will present an unreasonable risk of 17,214
loss or damage to valuable mineral resources. If the chief 17,215
submits comments on the application, those comments shall be 17,216
accompanied by an evaluation of the geological factors upon which 17,217
the comments are based, including fractures, faults, earthquake 17,218
383
potential, and the porosity and permeability of the injection 17,219
zone and confining zone, and by the documentation supporting the 17,220
evaluation. The director shall take into consideration the 17,221
chief's comments, and the accompanying evaluation of geologic 17,222
factors and supporting documentation, when considering the 17,223
application. The director shall provide written notice to the 17,224
chief of the director's decision on the application and, if the 17,226
chief's comments are not included in the permit, renewal permit, 17,227
or modification, of the director's rationale for not including 17,228
them.
The chief of the division of oil and gas MINERAL RESOURCES 17,230
MANAGEMENT shall comment upon the application if the chief 17,232
determines that the proposed well or injection will present an 17,233
unreasonable risk that waste or contamination of recoverable oil 17,234
or gas in the earth will occur. If the chief submits comments on 17,235
the application, those comments shall be accompanied by an 17,236
evaluation of the oil or gas reserves that, in the best 17,237
professional judgment of the chief, are recoverable and will be 17,238
adversely affected by the proposed well or injection, and by the 17,239
documentation supporting the evaluation. The director shall take 17,240
into consideration the chief's comments, and the accompanying 17,241
evaluation and supporting documentation, when considering the 17,242
application. The director shall provide written notice to the 17,243
chief of the director's decision on the application and, if the 17,245
chief's comments are not included in the permit, renewal permit, 17,246
or modification, of the director's rationale for not including 17,247
them.
The chief of the division of water shall assist the 17,249
director in determining whether all underground sources of 17,250
drinking water in the area of review of the proposed well or 17,251
injection have been identified and correctly delineated in the 17,252
application. If the application fails to identify or correctly 17,253
delineate an underground source of drinking water, the chief 17,255
shall provide written notice of that fact to the director.
384
The chief of the division of mines and reclamation MINERAL 17,257
RESOURCES MANAGEMENT ALSO shall review the application as 17,259
follows:
If the application concerns the drilling or conversion of a 17,261
well or the injection into a well that is not or is not to be 17,263
located within five thousand feet of the excavation and workings
of a mine, the chief of the division of mines and reclamation 17,265
MINERAL RESOURCES MANAGEMENT shall note upon the application that 17,266
it has been examined by the division of mines and reclamation 17,267
MINERAL RESOURCES MANAGEMENT, retain a copy of the application 17,268
and map, and immediately return a copy of the application to the 17,269
director.
If the application concerns the drilling or conversion of a 17,271
well or the injection into a well that is or is to be located 17,273
within five thousand feet, but more than five hundred feet from 17,274
the surface excavations and workings of a mine, the chief of the 17,275
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 17,276
immediately shall notify the owner or lessee of the mine that the 17,278
application has been filed and send to the owner or lessee a copy 17,279
of the map accompanying the application setting forth the 17,280
location of the well. The chief of the division of mines and 17,281
reclamation MINERAL RESOURCES MANAGEMENT shall note on the 17,282
application that the notice has been sent to the owner or lessee 17,284
of the mine, retain a copy of the application and map, and 17,285
immediately return a copy of the application to the director with 17,286
the chief's notation on it. 17,287
If the application concerns the drilling or conversion of a 17,289
well or the injection into a well that is or is to be located 17,291
within five thousand feet of the underground excavations and 17,292
workings of a mine or within five hundred feet of the surface 17,293
excavations and workings of a mine, the chief of the division of 17,295
mines and reclamation MINERAL RESOURCES MANAGEMENT immediately 17,296
shall notify the owner or lessee of the mine that the application 17,298
has been filed and send to the owner or lessee a copy of the map 17,299
385
accompanying the application setting forth the location of the 17,300
well. If the owner or lessee objects to the application, the 17,301
owner or lessee shall notify the chief of the division of mines 17,302
and reclamation MINERAL RESOURCES MANAGEMENT of the objection, 17,303
giving the reasons, within six days after the receipt of the 17,305
notice. If the chief of the division of mines and reclamation 17,306
MINERAL RESOURCES MANAGEMENT receives no objections from the 17,308
owner or lessee of the mine within ten days after the receipt of 17,309
the notice by the owner or lessee, or if in the opinion of the 17,310
chief of the division of mines and reclamation MINERAL RESOURCES 17,311
MANAGEMENT the objections offered by the owner or lessee are not 17,312
sufficiently well-founded, the chief shall retain a copy of the 17,313
application and map and return a copy of the application to the 17,314
director with any applicable notes concerning it. 17,315
If the chief of the division of mines and reclamation 17,317
MINERAL RESOURCES MANAGEMENT receives an objection from the owner 17,318
or lessee of the mine as to the application, within ten days 17,319
after receipt of the notice by the owner or lessee, and if in the 17,320
opinion of the chief the objection is well-founded, the chief 17,321
shall disapprove the application and immediately return it to the 17,322
director together with the chief's reasons for the disapproval. 17,323
The director promptly shall notify the applicant for the permit, 17,324
renewal permit, or modification of the disapproval. The 17,325
applicant may appeal the disapproval of the application by the 17,326
chief of the division of mines and reclamation MINERAL RESOURCES
MANAGEMENT to the mine examining board created under section 17,327
1561.10 of the Revised Code, and the board shall hear the appeal 17,328
in accordance with section 1561.53 of the Revised Code. The 17,329
appeal shall be filed within thirty days from the date the 17,331
applicant receives notice of the disapproval. No comments
concerning or disapproval of an application shall be delayed by 17,332
the chief of the division of mines and reclamation MINERAL 17,333
RESOURCES MANAGEMENT for more than fifteen days from the date of 17,334
sending of notice to the mine owner or lessee as required by this 17,335
386
section.
The director shall not approve an application for an 17,337
injection well drilling permit, an injection well operating 17,338
permit, a renewal of an injection well operating permit, or a 17,339
modification of an injection well drilling permit, operating 17,340
permit, or renewal of an operating permit for a well that is or 17,342
is to be located within three hundred feet of any opening of any
mine used as a means of ingress, egress, or ventilation for 17,343
persons employed in the mine, nor within one hundred feet of any 17,345
building or flammable structure connected with the mine and 17,346
actually used as a part of the operating equipment of the mine, 17,347
unless the chief of the division of mines and reclamation MINERAL
RESOURCES MANAGEMENT determines that life or property will not be 17,348
endangered by drilling and operating the well in that location. 17,349
Upon review by the chief of the division of oil and gas 17,351
MINERAL RESOURCES MANAGEMENT, the chief of the division of 17,352
geological survey, and the chief of the division of water, and if 17,354
the chief of the division of mines and reclamation MINERAL 17,355
RESOURCES MANAGEMENT has not disapproved the application, the 17,357
director shall issue a permit, renewal permit, or modification 17,358
with any terms and conditions that may be necessary to comply 17,359
with the Federal Water Pollution Control Act and regulations 17,361
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 17,362
(1974), 42 U.S.C.A. 300(f) as amended, and regulations adopted 17,363
under it; and this chapter and the rules adopted under it. The 17,364
director shall not issue a permit, renewal permit, or 17,365
modification to an applicant if the applicant or persons 17,366
associated with the applicant have engaged in or are engaging in 17,367
a substantial violation of this chapter that is endangering or 17,368
may endanger human health or the environment or if, in the case 17,369
of an applicant for an injection well drilling permit, the 17,370
applicant, at the time of applying for the permit, did not hold 17,371
an injection well operating permit or renewal of an injection 17,372
well drilling permit and failed to demonstrate sufficient 17,373
387
expertise and competency to operate the well in compliance with 17,374
the applicable provisions of this chapter. 17,375
If the director receives a disapproval from the chief of 17,377
the division of mines and reclamation MINERAL RESOURCES 17,378
MANAGEMENT regarding an application for an injection well 17,380
drilling or operating permit, renewal permit, or modification, if 17,381
required, the director shall issue an order denying the 17,382
application.
The director need not issue a proposed action under section 17,384
3745.07 of the Revised Code or hold an adjudication hearing under 17,385
that section and Chapter 119. of the Revised Code before issuing 17,386
or denying a permit, renewal permit, or modification of a permit 17,387
or renewal permit. Before issuing or renewing a permit to drill 17,388
or operate a class I injection well or a modification of it, the 17,390
director shall propose the permit, renewal permit, or
modification in draft form and shall hold a public hearing to 17,391
receive public comment on the draft permit, renewal permit, or 17,392
modification. At least fifteen days before the public hearing on 17,393
a draft permit, renewal permit, or modification, the director 17,394
shall publish notice of the date, time, and location of the 17,395
public hearing in at least one newspaper of general circulation 17,396
serving the area where the well is or is to be located. The 17,397
proposing of such a draft permit, renewal permit, or modification 17,398
does not constitute the issuance of a proposed action under 17,399
section 3745.07 of the Revised Code, and the holding of the 17,400
public hearing on such a draft permit, renewal permit, or 17,401
modification does not constitute the holding of an adjudication 17,402
hearing under that section and Chapter 119. of the Revised Code. 17,403
Appeals of orders other than orders of the chief of the division 17,405
of mines and reclamation MINERAL RESOURCES MANAGEMENT shall be
taken under sections 3745.04 to 3745.08 of the Revised Code. 17,407
The director may order that an injection well drilling 17,409
permit or an injection well operating permit or renewal permit be 17,410
suspended and that activities under it cease after determining 17,411
388
that those activities are occurring in violation of law, rule, 17,413
order, or term or condition of the permit. Upon service of a 17,414
copy of the order upon the permit holder or the permit holder's 17,416
authorized agent or assignee, the permit and activities under it 17,417
shall be suspended immediately without prior hearing and shall 17,419
remain suspended until the violation is corrected and the order 17,420
of suspension is lifted. If a violation is the second within a 17,421
one-year period, the director, after a hearing, may revoke the 17,422
permit. 17,423
The director may order that an injection well drilling 17,425
permit or an injection well operating permit or renewal permit be 17,426
suspended and that activities under it cease if the director has 17,428
reasonable cause to believe that the permit would not have been 17,429
issued if the information available at the time of suspension had 17,430
been available at the time a determination was made by one of the 17,431
agencies acting under authority of this section. Upon service of 17,432
a copy of the order upon the permit holder or the permit holder's 17,434
authorized agent or assignee, the permit and activities under it 17,435
shall be suspended immediately without prior hearing, but a 17,437
permit may not be suspended for that reason without prior hearing 17,438
unless immediate suspension is necessary to prevent waste or 17,439
contamination of oil or gas, comply with the Federal Water 17,440
Pollution Control Act and regulations adopted under it; the "Safe 17,442
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as 17,443
amended, and regulations adopted under it; and this chapter and 17,444
the rules adopted under it, or prevent damage to valuable mineral 17,445
resources, prevent contamination of an underground source of 17,446
drinking water, or prevent danger to human life or health. If 17,447
after a hearing the director determines that the permit would not 17,448
have been issued if the information available at the time of the 17,449
hearing had been available at the time a determination was made 17,450
by one of the agencies acting under authority of this section, 17,451
the director shall revoke the permit. 17,452
When a permit has been revoked, the permit holder or other 17,454
389
person responsible for it immediately shall plug the well in the 17,456
manner required by the director.
The director may issue orders to prevent or require 17,458
cessation of violations of this section, section 6111.043, 17,459
6111.045, 6111.046, or 6111.047 of the Revised Code, rules 17,460
adopted under any of those sections, and terms or conditions of 17,462
permits issued under any of them. The orders may require the 17,464
elimination of conditions caused by the violation. 17,465
Section 2. That existing sections 121.04, 124.24, 127.16, 17,467
1501.022, 1505.10, 1509.01, 1509.02, 1509.03, 1509.04, 1509.05, 17,468
1509.06, 1509.061, 1509.07, 1509.071, 1509.072, 1509.08, 1509.09, 17,469
1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 17,470
1509.18, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 17,471
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 17,472
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.36, 17,473
1509.38, 1509.39, 1509.40, 1510.01, 1510.08, 1513.01, 1513.02, 17,474
1513.03, 1513.07, 1513.072, 1513.073, 1513.08, 1513.09, 1513.11, 17,475
1513.13, 1513.15, 1513.16, 1513.161, 1513.17, 1513.18, 1513.181, 17,476
1513.20, 1513.21, 1513.22, 1513.23, 1513.24, 1513.25, 1513.26, 17,477
1513.27, 1513.28, 1513.29, 1513.30, 1513.31, 1513.32, 1513.33, 17,478
1513.34, 1513.35, 1513.36, 1513.37, 1513.39, 1513.40, 1513.41, 17,479
1514.02, 1514.021, 1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 17,480
1514.08, 1514.10, 1514.11, 1561.01, 1561.02, 1561.03, 1561.04, 17,481
1561.05, 1561.06, 1561.07, 1561.10, 1561.13, 1561.26, 1561.27, 17,482
1561.28, 1561.31, 1561.32, 1561.33, 1561.34, 1561.35, 1561.351, 17,484
1561.36, 1561.37, 1561.38, 1561.45, 1561.47, 1561.48, 1561.49, 17,485
1561.50, 1561.51, 1561.53, 1561.54, 1561.99, 1563.02, 1563.04, 17,486
1563.05, 1563.06, 1563.11, 1563.111, 1563.12, 1563.13, 1563.17, 17,487
1563.20, 1563.24, 1563.26, 1563.33, 1563.34, 1563.35, 1563.37, 17,488
1563.40, 1563.41, 1563.42, 1563.43, 1563.46, 1565.05, 1565.06, 17,489
1565.07, 1565.08, 1565.11, 1565.12, 1565.15, 1567.02, 1567.08, 17,490
1567.09, 1567.10, 1567.11, 1567.13, 1567.17, 1567.18, 1567.19, 17,491
1567.23, 1567.34, 1567.35, 1567.39, 1567.45, 1567.52, 1567.54, 17,492
1567.55, 1567.57, 1567.61, 1567.69, 1567.70, 1567.71, 1567.73, 17,493
390
1567.74, 1567.78, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 17,494
1571.06, 1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 17,495
1571.99, 5749.02, and 6111.044 of the Revised Code are hereby 17,496
repealed.
Section 3. That Section 72 of Am. Sub. H.B. 283 of the 17,498
123rd General Assembly be amended to read as follows: 17,499
"Sec. 72. DNR DEPARTMENT OF NATURAL RESOURCES 17,501
General Revenue Fund 17,503
GRF 725-401 Wildlife - GRF 17,506
Central Support $ 1,221,229 $ 1,268,315 17,508
GRF 725-404 Fountain Square 17,510
Rental Payments - OBA $ 1,087,000 $ 1,093,000 17,512
GRF 725-408 Reclamation and 17,514
Mining $ 2,406,020 $ 2,408,999 17,516
0 17,517
GRF 725-412 Reclamation 17,519
Commission $ 66,475 $ 68,165 17,521
0 17,522
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 17,526
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 17,530
0 17,531
GRF 725-423 Stream and Ground 17,533
Water Gauging $ 422,863 $ 459,387 17,535
GRF 725-425 Wildlife License 17,537
Reimbursement $ 1,000,000 $ 1,000,000 17,539
GRF 725-456 Canal Lands $ 414,783 $ 423,203 17,543
GRF 725-502 Soil and Water 17,545
Districts $ 11,414,494 $ 12,140,831 17,547
GRF 725-507 Conservation Reserve 17,549
Enhancement Program $ 2,000,000 $ 2,000,000 17,551
GRF 727-321 Division of Forestry $ 10,203,524 $ 10,081,427 17,555
GRF 728-321 Division of 17,557
Geological Survey $ 2,164,135 $ 2,270,778 17,559
391
GRF 729-321 Computer Information 17,561
Services &
Communications $ 1,172,567 $ 1,214,464 17,563
GRF 730-321 Division of Parks and 17,565
Recreation $ 35,255,224 $ 34,951,655 17,567
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 17,571
GRF 734-321 Division of Oil and 17,573
Gas $ 725,366 $ 1,614,957 17,575
0 17,576
GRF 736-321 Division of Chief 17,578
Engineer $ 4,371,204 $ 3,773,672 17,580
GRF 737-321 Division of Soil and 17,582
Water $ 4,092,866 $ 4,382,166 17,584
GRF 738-321 Office of Real Estate 17,586
and Land Management $ 3,099,898 $ 2,650,457 17,588
GRF 741-321 Division of Natural 17,590
Areas $ 3,415,305 $ 3,396,390 17,592
GRF 743-321 Division of Civilian 17,594
Conservation $ 5,100,636 $ 5,225,382 17,596
GRF 744-321 DIVISION OF MINERAL 17,598
RESOURCES MANAGEMENT $ 0 $ 4,216,084 17,600
TOTAL GRF General Revenue Fund $ 109,359,324 $ 107,295,291 17,603
General Services Fund Group 17,606
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 17,611
157 725-651 Central Support 17,613
Indirect $ 7,302,432 $ 7,273,923 17,615
158 725-604 Natural Resources 17,617
Publication Center
Intrastate $ 79,170 $ 80,154 17,619
161 725-635 Parks Facilities 17,621
Maintenance $ 2,666,395 $ 2,737,935 17,623
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 17,627
204 725-687 Information Services $ 2,217,392 $ 2,145,631 17,631
392
206 725-689 REALM Support 17,633
Services $ 447,811 $ 473,152 17,635
207 725-690 Real Estate $ 53,924 $ 55,320 17,639
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 17,643
4S9 725-622 NatureWorks Personnel $ 687,136 $ 690,700 17,647
4X8 725-662 Water Planning 17,649
Council $ 262,900 $ 269,700 17,651
430 725-671 Canal Lands $ 1,029,302 $ 998,044 17,655
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 17,659
508 725-684 Natural Resources 17,661
Publication Center
Interstate $ 393,166 $ 361,877 17,663
510 725-631 Maintenance - 17,665
state-owned
residences $ 230,669 $ 220,771 17,667
516 725-620 Water Management $ 2,407,372 $ 2,404,055 17,671
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 17,675
635 725-664 Fountain Square 17,677
Facilities Management $ 2,595,957 $ 2,699,355 17,679
697 725-670 Submerged Lands $ 547,762 $ 567,920 17,683
TOTAL GSF General Services 17,684
Fund Group $ 26,027,212 $ 26,460,401 17,687
Federal Special Revenue Fund Group 17,690
3B3 725-640 Federal Forest 17,693
Pass-Thru $ 55,000 $ 55,000 17,695
3B4 725-641 Federal Flood 17,697
Pass-Thru $ 185,000 $ 190,000 17,699
3B5 725-645 Federal Abandoned 17,701
Mine Lands $ 7,418,833 $ 7,630,403 17,703
3B6 725-653 Federal Land and 17,705
Water Conservation $ 130,000 $ 120,000 17,707
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 17,711
3P0 725-630 Natural Areas and 17,713
Preserves-Federal $ 262,400 $ 185,000 17,715
393
3P1 725-632 Geological 17,717
Survey-Federal $ 350,000 $ 350,000 17,719
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 17,723
3P3 725-650 Real Estate and Land 17,725
Management-Federal $ 2,857,755 $ 3,185,120 17,727
3P4 725-660 Water-Federal $ 180,000 $ 180,000 17,731
3R5 725-673 Acid Mine Drainage 17,733
Abatement/Treatment $ 600,000 $ 600,000 17,735
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 17,739
332 725-669 Federal Mine Safety 17,741
Grant $ 133,095 $ 137,056 17,743
TOTAL FED Federal Special Revenue 17,744
Fund Group $ 15,628,229 $ 16,027,961 17,747
State Special Revenue Fund Group 17,750
4B8 725-617 Forestry Development $ 25,000 $ 25,000 17,755
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 17,759
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 17,763
4U6 725-668 Scenic Rivers 17,765
Protection $ 261,307 $ 268,431 17,767
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 17,771
509 725-602 State Forest $ 1,520,379 $ 1,440,326 17,775
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 17,779
512 725-605 State Parks 17,781
Operations $ 27,150,223 $ 27,048,732 17,783
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 17,787
518 725-643 Oil and Gas Permit 17,789
Fees $ 3,118,829 $ 2,378,496 17,791
518 725-677 Oil and Gas Well 17,793
Plugging $ 800,000 $ 800,000 17,795
521 725-627 Off-Road Vehicle 17,797
Trails $ 62,036 $ 63,790 17,799
522 725-656 Natural Areas 17,801
Checkoff Funds $ 745,301 $ 766,169 17,803
394
525 725-608 Reclamation 17,805
Forfeiture $ 597,082 $ 597,664 17,807
0 17,808
526 725-610 Strip Mining 17,810
Administration Fees $ 1,956,599 $ 2,006,000 17,812
2,356,000 17,813
527 725-637 Surface Mining 17,815
Administration $ 1,964,078 $ 2,016,050 17,817
2,107,001 17,818
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 17,822
530 725-647 Surface Mining 17,824
Reclamation $ 76,725 $ 78,951 17,826
0 17,827
531 725-648 Reclamation 17,829
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 17,831
1,987,065 17,832
532 725-644 Litter Control and 17,834
Recycling $ 10,965,210 $ 11,264,587 17,836
615 725-661 Dam Safety $ 136,633 $ 139,237 17,840
TOTAL SSR State Special Revenue 17,841
Fund Group $ 53,953,325 $ 53,329,615 17,844
53,691,615 17,845
Wildlife Fund Group 17,848
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 17,853
015 740-321 Division of Wildlife 17,855
Conservation $ 40,345,888 $ 41,400,117 17,857
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 17,861
815 725-636 Cooperative 17,863
Management Projects $ 148,850 $ 153,166 17,865
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 17,869
817 725-655 Wildlife Conservation 17,871
Checkoff Fund $ 1,301,143 $ 1,327,577 17,873
395
818 725-629 Cooperative Fisheries 17,875
Research $ 918,004 $ 943,708 17,877
819 725-685 Ohio River Management $ 119,302 $ 122,748 17,881
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 17,884
Waterways Safety Fund Group 17,887
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 17,892
086 725-416 Natural Areas Marine 17,894
Patrol $ 25,000 $ 25,000 17,896
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 17,900
086 725-418 Buoy Placement $ 39,298 $ 40,267 17,904
086 725-501 Waterway Safety 17,906
Grants $ 128,024 $ 131,609 17,908
086 725-506 Watercraft Marine 17,910
Patrol $ 359,800 $ 369,875 17,912
086 725-513 Watercraft 17,914
Educational Grants $ 128,500 $ 132,098 17,916
086 739-321 Division of 17,918
Watercraft $ 14,865,111 $ 15,142,223 17,920
880 725-614 Cooperative Boat 17,922
Harbor Projects $ 108,637 $ 111,679 17,924
TOTAL WSF Waterways Safety Fund 17,925
Group $ 18,770,772 $ 19,068,786 17,928
Holding Account Redistribution Fund Group 17,931
R17 725-659 Performance Cash Bond 17,934
Refunds $ 265,000 $ 265,500 17,936
R29 725-607 Reclamation Fee 17,938
Refund $ 350,000 $ 350,000 17,940
0 17,941
R30 725-638 Surface Mining 17,943
Reclamation Fees $ 12,000 $ 12,000 17,945
0 17,946
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 17,950
TOTAL 090 Holding Account 17,951
Redistribution Fund Group $ 2,377,000 $ 2,377,500 17,954
396
2,015,500 17,955
Accrued Leave Liability Fund Group 17,958
4M8 725-675 FOP Contract $ 17,551 $ 17,990 17,963
TOTAL ALF Accrued Leave 17,964
Liability Fund Group $ 17,551 $ 17,990 17,967
TOTAL ALL BUDGET FUND GROUPS $ 271,514,822 $ 271,143,437" 17,970
Section 4. That existing Section 72 of Am. Sub. H.B. 283 17,973
of the 123rd General Assembly is hereby repealed. 17,974
Section 5. Division of Mineral Resources Management Fund 17,976
Consolidations 17,977
On July 1, 2000, or as soon thereafter as possible, the 17,979
Director of Budget and Management shall transfer to appropriation 17,980
item 744-321, division of Mineral Resources Management, any 17,981
amounts that accrue as of June 30, 2000, from the following 17,982
appropriation items: 725-408, Reclamation and Mining; 725-412,
Reclamation Commission; 725-415, Mine Examining Board; and 17,983
734-321, Division of Oil and Gas. The Director of Budget and 17,984
Management shall cancel any remaining outstanding encumbrances 17,985
against appropriation items 725-408, 725-412, 725-415, and 17,986
734-321, and reestablish them against appropriation item 744-321, 17,987
Division of Mineral Resources Management.
On July 1, 2000, or as soon thereafter as possible, the 17,989
Director of Budget and Management shall transfer the cash 17,990
balances of the Reclamation Forfeiture Fund (Fund 525) and the 17,991
Reclamation Supplemental Forfeiture Fund (Fund 531) as of June 17,992
30, 2000, and any amounts that accrue to those funds after that
date, to the Reclamation Forfeiture Fund (Fund 531). The 17,993
Director shall cancel any remaining outstanding encumbrances 17,994
against appropriation items 725-608, Reclamation Forfeiture, and 17,995
725-648, Reclamation Supplemental Forfeiture, and reestablish 17,996
them against appropriation number 725-648, Reclamation
Forfeiture.
On July 1, 2000, or as soon thereafter as possible, the 17,998
Director of Budget and Management shall transfer the cash 17,999
397
balances of the Surface Mining REclamation Fund (Fund 530) and 18,000
the Surface Mining Administration Fund (Fund 527) as of June 30, 18,001
2000, and any amounts that accrue to those funds after that date,
to the Surface Mining Fund (Fund 527). The Director shall cancel 18,002
any remaining outstanding encumbrances against appropriation 18,003
items 725-647, Surface Mining Reclamation, and 725-637, Surface 18,004
Mining Administration, and reestablish them against appropriation 18,005
item 725-637, Surface Mining.
On July 1, 2000, or as soon thereafter as possible, the 18,007
Director of Budget and Management shall transfer the cash 18,008
balances of the Reclamation Fee Refund Fund (Fund R29) to the 18,009
Coal Mining Administration and Reclamation Reserve Fund (Fund 18,010
526).
On July 1, 2000, or as soon thereafter as possible, the 18,012
Director of Budget and Management shall transfer the cash 18,013
balances of the Surface Mining Reclamation Fund (Fund R30) to the 18,014
Surface Mining Fund (Fund 527).
Section 6. Section 127.16 of the Revised Code is amended 18,016
by this act and also by Am. Sub. H.B. 470 of the 123rd General 18,017
Assembly (effective July 1, 2000). The amendments of Am. Sub. 18,018
H.B. 470 are included in this act in lower case to confirm the 18,019
intention to retain them, but are not intended to be effective 18,020
until July 1, 2000. 18,021
Section 7. Section 121.04 of the Revised Code is presented 18,023
in this act as a composite of the section as amended by both Am. 18,024
Sub. H.B. 215 and Am. Sub. S.B. 87 of the 122nd General Assembly, 18,025
with the new language of neither of the acts shown in capital 18,026
letters. Section 1513.17 of the Revised Code is presented in this 18,027
act as a composite of the section as amended by both Am. Sub. 18,028
S.B. 2 and Am. Sub. S.B. 162 of the 121st General Assembly, with 18,029
the new language of neither of the acts shown in capital letters. 18,030
Section 1561.26 of the Revised Code is presented in this act as a 18,031
composite of the section as amended by both Am. Sub. S.B. 162 and 18,032
Am. Sub. S.B. 150 of the 121st General Assembly, with the new 18,033
398
language of neither of the acts shown in capital letters. This 18,034
is in recognition of the principle stated in division (B) of 18,035
section 1.52 of the Revised Code that such amendments are to be 18,036
harmonized where not substantively irreconcilable and constitutes 18,037
a legislative finding that such are the resulting versions in 18,038
effect prior to the effective date of this act. 18,039
Section 8. This act is hereby declared to be an emergency 18,041
measure necessary for the immediate preservation of the public 18,042
peace, health, and safety. The reason for such necessity is that 18,043
the merger of the Division of Oil and Gas with the Division of 18,044
Mines and Reclamation is needed during the current fiscal year in 18,045
order to facilitate efficiency in the operation of the Department 18,046
of Natural Resources. Therefore, this act shall go into 18,047
immediate effect. 18,048