As Reported by House Agriculture and Natural Resources Committee 1
123rd General Assembly 4
Regular Session Sub. 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, 1501.01, 11
1501.022, 1505.10, 1509.01 to 1509.05, 1509.06, 12
1509.061, 1509.07, 1509.071, 1509.072, 1509.08, 13
1509.09 to 1509.15, 1509.17, 1509.18, 1509.21,
1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 14
1509.225, 1509.226, 1509.23 to 1509.29, 1509.31 15
to 1509.33, 1509.36, 1509.38 to 1509.40, 1510.01, 16
1510.08, 1513.01 to 1513.03, 1513.07, 1513.072, 17
1513.073, 1513.08, 1513.09, 1513.11, 1513.13,
1513.15, 1513.16, 1513.161, 1513.17, 1513.18, 18
1513.181, 1513.20 to 1513.37, 1513.39 to 1513.41, 19
1514.02, 1514.021, 1514.03 to 1514.08, 1514.10, 20
1514.11, 1561.01 to 1561.07, 1561.10, 1561.13,
1561.26 to 1561.28, 1561.31 to 1561.35, 1561.351, 21
1561.36 to 1561.38, 1561.45, 1561.47 to 1561.51, 22
1561.53, 1561.54, 1561.99, 1563.04 to 1563.06, 23
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, 1501.01, 40
1501.022, 1505.10, 1509.01, 1509.02, 1509.03, 1509.04, 1509.05, 41
1509.06, 1509.061, 1509.07, 1509.071, 1509.072, 1509.08, 1509.09, 42
1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 43
1509.18, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 44
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 45
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.36, 46
1509.38, 1509.39, 1509.40, 1510.01, 1510.08, 1513.01, 1513.02, 47
1513.03, 1513.07, 1513.072, 1513.073, 1513.08, 1513.09, 1513.11, 48
1513.13, 1513.15, 1513.16, 1513.161, 1513.17, 1513.18, 1513.181, 49
1513.20, 1513.21, 1513.22, 1513.23, 1513.24, 1513.25, 1513.26, 50
1513.27, 1513.28, 1513.29, 1513.30, 1513.31, 1513.32, 1513.33, 51
1513.34, 1513.35, 1513.36, 1513.37, 1513.39, 1513.40, 1513.41, 52
1514.02, 1514.021, 1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 53
1514.08, 1514.10, 1514.11, 1561.01, 1561.02, 1561.03, 1561.04, 54
1561.05, 1561.06, 1561.07, 1561.10, 1561.13, 1561.26, 1561.27, 55
1561.28, 1561.31, 1561.32, 1561.33, 1561.34, 1561.35, 1561.351, 57
1561.36, 1561.37, 1561.38, 1561.45, 1561.47, 1561.48, 1561.49, 58
1561.50, 1561.51, 1561.53, 1561.54, 1561.99, 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. 1501.01. Except where otherwise expressly provided, 412
the director of natural resources shall formulate and institute 413
all the policies and programs of the department of natural 414
resources. The chief of any division of the department shall not 415
enter into any contract, agreement, or understanding unless it is 416
approved by the director. NO APPOINTEE OR EMPLOYEE OF THE 417
DIRECTOR, OTHER THAN THE ASSISTANT DIRECTOR, MAY BIND THE 418
DIRECTOR IN A CONTRACT EXCEPT WHEN GIVEN GENERAL OR SPECIAL 419
AUTHORITY TO DO SO BY THE DIRECTOR.
The director shall correlate and coordinate the work and 421
activities of the divisions in the department to eliminate 422
unnecessary duplications of effort and overlapping of functions. 423
The chiefs of the various divisions of the department shall meet 424
with the director at least once each month at a time and place 425
designated by the director. 426
The director may create advisory boards to any of those 428
divisions in conformity with section 121.13 of the Revised Code. 429
The director may accept and expend gifts, devises, and 431
bequests of money, lands, and other properties on behalf of the 432
department or any division thereof under the terms set forth in 433
section 9.20 of the Revised Code. Any political subdivision of 434
this state may make contributions to the department for the use 435
of the department or any division therein according to the terms 436
of the contribution. 437
The director may publish and sell or otherwise distribute 439
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data, reports, and information. 440
The director shall adopt rules in accordance with Chapter 442
119. of the Revised Code to permit the department to accept by 443
means of a credit card the payment of fees, charges, and rentals 444
at those facilities described in section 1501.07 of the Revised 445
Code that are operated by the department, for any data, reports, 446
or information sold by the department, and for any other goods or 447
services provided by the department. 448
Whenever authorized by the governor to do so, the director 450
may appropriate property for the uses and purposes authorized to 451
be performed by the department and on behalf of any division 452
within the department. This authority shall be exercised in the 453
manner provided in sections 163.01 to 163.22 of the Revised Code 454
for the appropriation of property by the director of 455
administrative services. This authority to appropriate property 456
is in addition to the authority provided by law for the 457
appropriation of property by divisions of the department. The 458
director of natural resources also may acquire by purchase, 459
lease, or otherwise such real and personal property rights or 460
privileges in the name of the state as are necessary for the 461
purposes of the department or any division therein. The 462
director, with the approval of the governor and the attorney 463
general, may sell, lease, or exchange portions of lands or 464
property, real or personal, of any division of the department or 465
grant easements or licenses for the use thereof, or enter into 466
agreements for the sale of water from lands and waters under the 467
administration or care of the department or any of its divisions, 468
when the sale, lease, exchange, easement, agreement, or license 469
for use is advantageous to the state, provided that such approval 470
is not required for leases and contracts made under section 471
1507.12, if any, or section 1501.07, 1501.09, or 1520.03 or 472
Chapter 1523. of the Revised Code. Water may be sold from a 473
reservoir only to the extent that the reservoir was designed to 474
yield a supply of water for a purpose other than recreation or 475
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wildlife, and the water sold is in excess of that needed to 476
maintain the reservoir for purposes of recreation or wildlife. 477
Money received from such sales, leases, easements, 479
exchanges, agreements, or licenses for use, except revenues 480
required to be set aside or paid into depositories or trust funds 481
for the payment of bonds issued under sections 1501.12 to 1501.15 482
of the Revised Code, and to maintain the required reserves 483
therefor as provided in the orders authorizing the issuance of 484
such bonds or the trust agreements securing such bonds, revenues 485
required to be paid and credited pursuant to the bond proceeding 486
applicable to obligations issued pursuant to section 154.22, and 487
revenues generated under section 1520.05 of the Revised Code, 488
shall be deposited in the state treasury to the credit of the 489
fund of the division of the department having prior jurisdiction 490
over the lands or property. If no such fund exists, the money 491
shall be credited to the general revenue fund. All such money 492
received from lands or properties administered by the division of 493
wildlife shall be credited to the wildlife fund. 494
The director shall provide for the custody, safekeeping, 496
and deposit of all moneys, checks, and drafts received by the 497
department or its employees prior to paying them to the treasurer 498
of state under section 113.08 of the Revised Code. 499
The director shall cooperate with the nature conservancy, 501
other nonprofit organizations, and the United States fish and 502
wildlife service in order to secure protection of islands in the 503
Ohio river and the wildlife and wildlife habitat of those 504
islands. 505
Any instrument by which real property is acquired pursuant 507
to this section shall identify the agency of the state that has 508
the use and benefit of the real property as specified in section 509
5301.012 of the Revised Code.
Sec. 1501.022. There is hereby created in the state 518
treasury the injection well review fund consisting of moneys 519
transferred to it under section 6111.046 of the Revised Code. 520
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Moneys in the fund shall be used by the chiefs of the divisions 521
of oil and gas MINERAL RESOURCES MANAGEMENT, geological survey, 522
and water in the department of natural resources exclusively for 523
the purpose of executing their duties under sections 6111.043 to 524
6111.047 of the Revised Code.
Sec. 1505.10. The chief of the division of geological 533
survey shall prepare and publish for public distribution annual 535
reports that shall include all of the following:
(A) A list of the operators of mines, quarries, pits, or 537
other mineral resource extraction operations in this state; 538
(B) Information on the location of and commodity extracted 540
at each operation; 541
(C) Information on the employment at each operation; 543
(D) Information on the tonnage of coal or other minerals 545
extracted at each operation along with the method of extraction; 546
(E) Information on the production, use, distribution, 548
value, and other facts relative to the mineral resources of the 549
state that may be of public interest. 550
Each operator engaged in the extraction of minerals shall 552
submit an accurate and complete annual report, on or before the 554
last day of January each year, to the chief of the division of 555
geological survey on forms provided by the chief and containing 556
the information specified in divisions (A) to (E) of this section 557
for the immediately preceding calendar year. The chief of the 558
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 560
may use all or portions of the information collected pursuant to 561
this section in preparing the annual report required by section 562
1561.04 of the Revised Code. 563
No person shall fail to comply with this section. 565
Sec. 1509.01. As used in this chapter: 574
(A) "Well" means any borehole, whether drilled or bored, 576
within the state for production, extraction, or injection of any 577
gas or liquid mineral, excluding potable water to be used as 578
such, but including natural or artificial brines and oil field 579
14
waters. 580
(B) "Oil" means crude petroleum oil and all other 582
hydrocarbons, regardless of gravity, that are produced in liquid 583
form by ordinary production methods, but does not include 584
hydrocarbons that were originally in a gaseous phase in the 585
reservoir. 586
(C) "Gas" means all natural gas and all other fluid 588
hydrocarbons that are not oil, including condensate. 590
(D) "Condensate" means liquid hydrocarbons that were 592
originally in the gaseous phase in the reservoir. 593
(E) "Pool" means an underground reservoir containing a 595
common accumulation of oil or gas, or both, but does not include 596
a gas storage reservoir. Each zone of a geological structure 597
that is completely separated from any other zone in the same 598
structure may contain a separate pool. 599
(F) "Field" means the general area underlaid by one or 601
more pools. 602
(G) "Drilling unit" means the minimum acreage on which one 604
well may be drilled, but does not apply to a well for injecting 605
gas into or removing gas from a gas storage reservoir. 606
(H) "Waste" includes all of the following: 608
(1) Physical waste, as that term generally is understood 611
in the oil and gas industry; 612
(2) Inefficient, excessive, or improper use, or the 614
unnecessary dissipation, of reservoir energy; 615
(3) Inefficient storing of oil or gas; 617
(4) Locating, drilling, equipping, operating, or producing 619
an oil or gas well in a manner that reduces or tends to reduce 620
the quantity of oil or gas ultimately recoverable under prudent 621
and proper operations from the pool into which it is drilled or 622
that causes or tends to cause unnecessary or excessive surface 623
loss or destruction of oil or gas; 624
(5) Other underground or surface waste in the production 626
or storage of oil, gas, or condensate, however caused. 627
15
(I) "Correlative rights" means the reasonable opportunity 629
to every person entitled thereto to recover and receive the oil 630
and gas in and under the person's tract or tracts, or the 631
equivalent thereof, without having to drill unnecessary wells or 633
incur other unnecessary expense. 634
(J) "Tract" means a single, individually taxed parcel of 636
land appearing on the tax list. 637
(K) "Owner," unless referring to a mine, means the person 639
who has the right to drill on a tract or drilling unit, to drill 641
into and produce from a pool, and to appropriate the oil or gas 642
produced therefrom either for the person or for others, except 644
that a person ceases to be an owner with respect to a well when
the well has been plugged in accordance with applicable rules 645
adopted and orders issued under this chapter. 646
(L) "Royalty interest" means the fee holder's share in the 649
production from a well.
(M) "Discovery well" means the first well capable of 651
producing oil or gas in commercial quantities from a pool. 652
(N) "Prepared clay" means a clay that is plastic and is 654
thoroughly saturated with fresh water to a weight and consistency 655
great enough to settle through saltwater in the well in which it 656
is to be used, except as otherwise approved by the chief of the 657
division of oil and gas MINERAL RESOURCES MANAGEMENT. 658
(O) "Rock sediment" means the combined cutting and residue 660
from drilling sedimentary rocks and formation. 661
(P) "Excavations and workings," "mine," and "pillar" have 663
the same meanings as in section 1561.01 of the Revised Code. 665
(Q) "Coal bearing township" means a township designated as 667
such by the chief of the division of mines and reclamation under 668
section 1561.06 of the Revised Code. 670
(R) "Gas storage reservoir" means a continuous area of a 672
subterranean porous sand or rock stratum or strata into which gas 673
is or may be injected for the purpose of storing it therein and 674
removing it therefrom and includes a gas storage reservoir as 675
16
defined in section 1571.01 of the Revised Code. 677
(S) "Safe Drinking Water Act" means the "Safe Drinking 679
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended 681
by the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 682
42 U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 683
1986," 100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking 684
Water Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 686
300(f), and regulations adopted under those acts. 687
(T) "Person" includes any political subdivision, 689
department, agency, or instrumentality of this state; the United 690
States and any department, agency, or instrumentality thereof; 691
and any legal entity defined as a person under section 1.59 of 692
the Revised Code. 693
(U) "Brine" means all saline geological formation water 695
resulting from, obtained from, or produced in connection with the 697
exploration, drilling, or production of oil or gas. 698
(V) "Waters of the state" means all streams, lakes, ponds, 700
marshes, watercourses, waterways, springs, irrigation systems, 701
drainage systems, and other bodies of water, surface or 702
underground, natural or artificial, that are situated wholly or 703
partially within this state or within its jurisdiction, except 704
those private waters that do not combine or effect a junction 705
with natural surface or underground waters. 706
(W) "Exempt Mississippian well" means a well that meets 708
all of the following criteria: 709
(1) Was drilled and completed before January 1, 1980; 711
(2) Is located in an unglaciated part of the state; 713
(3) Was completed in a reservoir no deeper than the 715
Mississippian Big Injun sandstone in areas underlain by 716
Pennsylvanian or Permian stratigraphy, or the Mississippian berea 717
sandstone in areas directly underlain by Permian stratigraphy; 718
(4) Is used primarily to provide oil or gas for domestic 720
use. 721
(X) "Exempt domestic well" means a well that meets all of 723
17
the following criteria: 724
(1) Is owned by the owner of the surface estate of the 726
tract on which the well is located; 727
(2) Is used primarily to provide gas for the owner's 729
domestic use; 730
(3) Is located more than two hundred feet horizontal 732
distance from any inhabited private dwelling house other than an 733
inhabited private dwelling house located on the tract on which 734
the well is located; 735
(4) Is located more than two hundred feet horizontal 737
distance from any public building that may be used as a place of 738
resort, assembly, education, entertainment, lodging, trade, 739
manufacture, repair, storage, traffic, or occupancy by the 740
public. 741
Sec. 1509.02. There is hereby created in the department of 750
natural resources the division of oil and gas MINERAL RESOURCES 751
MANAGEMENT, which shall be administered by the chief of the 753
division of oil and gas MINERAL RESOURCES MANAGEMENT. 754
The chief shall not hold any other public office, nor shall 756
the chief be engaged in any occupation or business that might 757
interfere with or be inconsistent with the duties as chief. 758
All moneys collected by the chief pursuant to sections 760
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222, 761
ninety per cent of moneys received by the treasurer of state from 762
the tax levied in divisions (A)(5) and (6) of section 5749.02, 763
all civil penalties paid under section 1509.33, and, 765
notwithstanding any section of the Revised Code relating to the 766
distribution or crediting of fines for violations of the Revised 767
Code, all fines imposed under divisions (A) and (B) of section 768
1509.99 of the Revised Code and fines imposed under divisions (C) 769
and (D) of section 1509.99 of the Revised Code for all violations 770
prosecuted by the attorney general and for violations prosecuted 771
by prosecuting attorneys that do not involve the transportation 772
of brine by vehicle shall be deposited into the state treasury to 773
18
the credit of the oil and gas well fund, which is hereby created. 774
Fines imposed under divisions (C) and (D) of section 1509.99 of 775
the Revised Code for violations prosecuted by prosecuting 776
attorneys that involve the transportation of brine by vehicle 777
shall be paid to the county treasury of the county where the 778
violation occurred.
The fund shall be used for the purposes enumerated in 780
division (B) of section 1509.071 of the Revised Code, for the 781
expenses of the division associated with the administration of 782
the "Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 783
3301, and for the division's other functions. The expenses of 784
the division in excess of the moneys available in the fund shall 785
be paid from general revenue fund appropriations to the 786
department.
Sec. 1509.03. The chief of the division of oil and gas 795
MINERAL RESOURCES MANAGEMENT shall make, adopt, repeal, rescind, 797
and amend, in accordance with sections 119.01 to 119.13 CHAPTER 799
119. of the Revised Code, rules for the administration, 801
implementation, and enforcement of Chapter 1509. of the Revised 802
Code THIS CHAPTER. No person shall violate any rule of the chief 804
adopted under this chapter.
Any order issuing, denying, or modifying a permit or 806
notices required to be made by the chief pursuant to Chapter 807
1509. of the Revised Code THIS CHAPTER shall be made in 808
compliance with the provisions of sections 119.01 to 119.13 810
CHAPTER 119. of the Revised Code, except that personal service 812
may be used in lieu of service by mail. Every order issuing, 813
denying, or modifying a permit under Chapter 1509. of the Revised 814
Code THIS CHAPTER and described as such shall be considered an 816
adjudication order for purposes of sections 119.01 to 119.13 817
CHAPTER 119. of the Revised Code.
Where notice to the owners is required by Chapter 1509. of 819
the Revised Code such THIS CHAPTER, THE notice shall be given as 820
prescribed by a rule adopted by the chief to govern the giving of 822
19
notices. Such rule shall provide for notice by publication 823
except in those cases where other types of notice are necessary 824
in order to meet the requirements of the law. 825
The chief or his THE CHIEF'S authorized representative may 827
at any time enter upon lands, public or private, for the purpose 828
of administration or enforcement of Chapter 1509. of the Revised 829
Code THIS CHAPTER, the rules ADOPTED or orders made thereunder, 831
or terms or conditions of permits or registration certificates 832
issued thereunder and may examine and copy records pertaining to 833
the drilling, conversion, or operation of a well for injection of 834
fluids and logs required by division (C) of section 1509.223 of 835
the Revised Code. No person shall prevent or hinder the chief or 836
his THE CHIEF'S authorized representative in the performance of 837
his OFFICIAL duties. If entry is prevented or hindered, the 838
chief or his THE CHIEF'S authorized representative may apply for, 841
and the court of common pleas may issue, an appropriate 842
inspection warrant necessary to achieve the purposes of this 843
chapter within the court's territorial jurisdiction.
The chief may issue orders to enforce this chapter, rules 845
adopted thereunder, and terms or conditions of permits issued 846
thereunder. Any such order shall be considered an adjudication 847
order for the purposes of Chapter 119. of the Revised Code. No 848
person shall violate any order of the chief issued under this 849
chapter. No person shall violate a term or condition of a permit 850
or registration certificate issued under the THIS chapter. 851
Orders of the chief denying, suspending, or revoking a 853
registration certificate; approving or denying approval of an 854
application for revision of a registered transporter's plan for 855
disposal; or to implement, administer, or enforce division (A) of 856
section 1509.224 and sections 1509.22, 1509.222, 1509.223, 857
1509.225, and 1509.226 of the Revised Code pertaining to the 858
transportation of brine by vehicle and the disposal of brine so 859
transported are not adjudication orders for purposes of Chapter 860
119. of the Revised Code. The chief shall issue such orders 861
20
under division (A) or (B) of section 1509.224 of the Revised 862
Code, as appropriate. 863
Sec. 1509.04. In both coal-bearing and noncoal-bearing 872
townships, the THE chief of the division of oil and gas MINERAL 874
RESOURCES MANAGEMENT, or his THE CHIEF'S authorized 875
representatives, shall enforce the provisions of Chapter 1509. of 876
the Revised Code THIS CHAPTER and the rules, terms and conditions 878
of permits and registration certificates, and orders ADOPTED OR 879
issued pursuant thereto, except that any "peace officer," as 880
defined in section 2935.01 of the Revised Code, may arrest for 881
violations of this chapter involving transportation of brine by 882
vehicle. The prosecuting attorney of the county or the attorney 883
general, upon the request of the chief, may apply to the court of 884
common pleas in the county in which any of the provisions of 885
Chapter 1509. of the Revised Code THIS CHAPTER or any rules, 886
terms or conditions of a permit or registration certificate, or 888
orders ADOPTED OR issued pursuant to Chapter 1509. of the Revised 890
Code THIS CHAPTER are being violated for a temporary restraining 892
order, preliminary injunction, or permanent injunction 893
restraining any person from such violation. 894
In a coal-bearing township, the chief of the division of 896
mines and reclamation, or his authorized representatives, shall 898
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 899
and terms and conditions of permits and orders issued pursuant 900
thereto. The prosecuting attorney of the county or the attorney 901
general, upon the request of the chief of the division of mines 902
and reclamation, may apply to the court of common pleas in the 904
county in which section 1509.09, 1509.12, 1509.13, 1509.14, 905
1509.15, 1509.17, or 1509.18 of the Revised Code, or any rules 906
adopted or terms or conditions of permits or orders issued 907
pursuant thereto are being violated for a temporary restraining 908
order, preliminary injunction, or permanent injunction 909
restraining any person from such violation.
21
Sec. 1509.05. No person shall drill a new well, drill an 918
existing well any deeper, reopen a well, convert a well to any 919
use other than its original purpose, or plug back a well to a 920
source of supply different from the existing pool, without having 921
a permit to do so issued by the chief of the division of oil and 922
gas MINERAL RESOURCES MANAGEMENT, and until the original permit 923
or a photostatic copy thereof is posted or displayed in a 924
conspicuous and easily accessible place at the well site, with 925
the name, current address, and telephone number of the permit
holder and the telephone numbers for fire and emergency medical 926
services maintained on the posted permit or copy. The permit or 927
a copy shall be continuously displayed in such manner at all 928
times during the work authorized by the permit. 929
Such permit shall be issued by the chief in accordance with 931
Chapter 1509. of the Revised Code THIS CHAPTER and shall be valid 933
for twelve months.
Sec. 1509.06. An application for a permit to drill a new 942
well, drill an existing well deeper, reopen a well, convert a 943
well to any use other than its original purpose, or plug back a 944
well to a different source of supply shall be filed with the 945
chief of the division of oil and gas MINERAL RESOURCES MANAGEMENT 947
upon such form as the chief prescribes and shall contain each of 948
the following that is applicable:
(A) The name and address of the owner and, if a 950
corporation, the name and address of the statutory agent; 951
(B) The signature of the owner or the owner's authorized 953
agent. When an authorized agent signs an application, it shall 955
be accompanied by a certified copy of the appointment as such 956
agent. 957
(C) The names and addresses of all persons holding the 959
royalty interest in the tract upon which the well is located or 960
is to be drilled or within a proposed drilling unit; 961
(D) The location of the tract or drilling unit on which 963
the well is located or is to be drilled identified by section or 964
22
lot number, city, village, township, and county; 965
(E) Designation of the well by name and number; 967
(F) The geological formation to be tested or used and the 969
proposed total depth of the well; 970
(G) The type of drilling equipment to be used; 972
(H) If the well is for the injection of a liquid, identity 974
of the geological formation to be used as the injection zone and 975
the composition of the liquid to be injected; 976
(I) A sworn statement that all requirements of any 978
municipal corporation, county, or township having jurisdiction 979
over any activity related to the drilling or operation of an oil 980
or gas well that have been filed with the division of oil and gas 981
MINERAL RESOURCES MANAGEMENT and are in effect at the time the 982
application is filed, including, but not limited to, zoning 984
ordinances and resolutions and the requirements of section 985
4513.34 of the Revised Code, will be complied with until 986
abandonment of the well;
(J) A plan for restoration of the land surface disturbed 988
by drilling operations. The plan shall provide for compliance 989
with the restoration requirements of division (A) of section 990
1509.072 of the Revised Code and any rules adopted by the chief 991
pertaining to that restoration. 992
(K) A description by name or number of the county, 994
township, and municipal corporation roads, streets, and highways 995
that the applicant anticipates will be used for access to and 996
egress from the well site; 997
(L) Such other relevant information as the chief 999
prescribes by rule. 1,000
Each application shall be accompanied by a map, on a scale 1,002
not smaller than four hundred feet to the inch, prepared by an 1,003
Ohio registered surveyor, showing the location of the well and 1,004
containing such other data as may be prescribed by the chief. If 1,005
the well is or is to be located within the excavations and 1,006
workings of a mine, the map also shall include the location of 1,007
23
the mine, the name of the mine, and the name of the person 1,008
operating the mine. 1,009
The chief shall cause a copy of the weekly circular 1,011
prepared by the division to be provided to the county engineer of 1,013
each county that contains active or proposed drilling activity. 1,014
The weekly circular shall contain, in the manner prescribed by 1,015
the chief, the names of all applicants for permits, the location 1,016
of each well or proposed well, the information required by 1,017
division (K) of this section, and any additional information the 1,019
chief prescribes.
The chief shall not issue a permit for at least ten days 1,022
after the date of filing of the application for the permit 1,023
unless, upon reasonable cause shown, the chief waives that period 1,024
or a request for expedited review is filed under this section. 1,026
However, the chief shall issue a permit within twenty-one days of 1,027
the filing of the application unless the chief denies the 1,028
application by order.
An applicant may file a request with the chief for 1,030
expedited review of a permit application if the well is not or is 1,033
not to be located in a gas storage reservoir or reservoir
protective area, as "reservoir protective area" is defined in 1,034
section 1571.01 of the Revised Code. If the well is or is to be 1,035
located in a coal bearing township, the application shall be 1,036
accompanied by the affidavit of the landowner prescribed in 1,037
section 1509.08 of the Revised Code. 1,038
In addition to a complete application for a permit that 1,040
meets the requirements of this section and the permit fee 1,041
prescribed by this section, a request for expedited review shall 1,042
be accompanied by a separate nonrefundable filing fee of five 1,044
hundred dollars. Upon the filing of a request for expedited 1,045
review, the chief shall cause the chief of the division of mines
and reclamation and the county engineer of the county in which 1,047
the well is or is to be located to be notified of the filing of 1,048
the permit application and the request for expedited review by 1,049
24
telephone or other means that in the judgment of the chief will 1,051
provide timely notice of the application and request. The chief 1,053
shall issue a permit within seven days of the filing of the
request unless the chief denies the application by order. 1,054
Notwithstanding the provisions of this section governing 1,055
expedited review of permit applications, the chief may refuse to 1,056
accept requests for expedited review if, in the chief's judgment, 1,058
the acceptance of the requests would prevent the issuance, within 1,059
twenty-one days of their filing, of permits for which 1,060
applications are pending. 1,061
A well shall be drilled and operated in accordance with the 1,063
plans, sworn statements, and other information submitted in the 1,064
approved application. 1,065
The chief shall issue an order denying a permit if the 1,067
chief finds that there is a substantial risk that the operation 1,068
will result in violations of this chapter or rules adopted under 1,070
it that will present an imminent danger to public health or 1,072
safety or damage to the environment, provided that where the
chief finds that terms or conditions to the permit can reasonably 1,073
be expected to prevent such violations, the chief shall issue the 1,074
permit subject to those terms or conditions. 1,075
Each application for a permit required by section 1509.05 1,077
of the Revised Code, except an application for a well drilled or 1,078
reopened for purposes of section 1509.22 of the Revised Code, 1,079
also shall be accompanied by a nonrefundable fee of two hundred 1,080
fifty dollars. 1,081
The chief may order the immediate suspension of drilling, 1,083
operating, or plugging activities after finding that any person 1,085
is causing, engaging in, or maintaining a condition or activity 1,086
that in the chief's judgment presents an imminent danger to 1,088
public health or safety or results in or is likely to result in 1,090
immediate substantial damage to natural resources or for 1,091
nonpayment of the fee required by this section. The chief may 1,092
order the immediate suspension of the drilling or reopening of a 1,093
25
well after being so requested by the chief of the division of 1,095
mines and reclamation under section 1509.08 of the Revised Code 1,096
IN A COAL BEARING TOWNSHIP AFTER DETERMINING THAT THE DRILLING OR 1,097
REOPENING ACTIVITIES PRESENT AN IMMINENT AND SUBSTANTIAL THREAT 1,098
TO PUBLIC HEALTH OR SAFETY OR TO MINERS' HEALTH OR SAFETY. 1,099
Before issuing any such order, the chief shall notify the owner 1,100
in such manner as in the chief's judgment would provide 1,101
reasonable notification that the chief intends to issue a 1,102
suspension order. The chief may issue such an order without 1,104
prior notification if reasonable attempts to notify the owner 1,105
have failed, but in such an event notification shall be given as 1,106
soon thereafter as practical. Within five calendar days after 1,107
the issuance of the order, the chief shall provide the owner an 1,108
opportunity to be heard and to present evidence that the 1,109
condition or activity is not likely to result in immediate 1,110
substantial damage to natural resources or does not present an 1,111
imminent danger to public health or safety OR TO MINERS' HEALTH
OR SAFETY, IF APPLICABLE. IN THE CASE OF ACTIVITIES IN A COAL 1,113
BEARING TOWNSHIP, IF THE CHIEF, AFTER CONSIDERING EVIDENCE 1,114
PRESENTED BY THE OWNER, DETERMINES THAT THE ACTIVITIES DO NOT 1,115
PRESENT SUCH A THREAT, THE CHIEF SHALL REVOKE THE SUSPENSION
ORDER. Notwithstanding any provision of this chapter, the owner 1,116
may appeal the A SUSPENSION order directly to the court of common 1,118
pleas of the county in which the activity is located OR, IF IN A 1,120
COAL BEARING TOWNSHIP, TO THE MINE EXAMINING BOARD. 1,121
Sec. 1509.061. An owner of a well who has been issued a 1,130
permit under section 1509.06 of the Revised Code may submit to 1,131
the chief of the division of oil and gas MINERAL RESOURCES 1,132
MANAGEMENT, on a form prescribed by the chief, a request to 1,134
revise an existing tract upon which exists a producing or idle 1,135
well. The chief shall adopt, and may amend and rescind, rules 1,136
under section 1509.03 of the Revised Code that are necessary for 1,137
the administration of this section. The rules at least shall 1,138
stipulate the information to be included on the request form and 1,139
26
shall establish a fee to be paid by the person submitting the 1,140
request, which fee shall not exceed two hundred fifty dollars. 1,141
The chief shall approve a request submitted under this 1,143
section unless it would result in a violation of this chapter or 1,144
rules adopted under it, including provisions establishing spacing 1,145
or minimum acreage requirements. 1,146
Sec. 1509.07. An owner of any well, except an exempt 1,155
Mississippian well or an exempt domestic well, shall obtain 1,156
liability insurance coverage from a company authorized to do 1,158
business in this state in an amount of not less than three 1,159
hundred thousand dollars bodily injury coverage and three hundred 1,160
thousand dollars property damage coverage to pay damages for 1,161
injury to persons or damage to property caused by the drilling, 1,162
operation, or plugging of all the owner's wells in this state. 1,163
The owner shall maintain that coverage until all the owner's 1,164
wells are plugged and abandoned as required by law. The owner 1,166
shall provide proof of liability insurance coverage to the chief 1,167
of the division of oil and gas MINERAL RESOURCES MANAGEMENT upon 1,168
request. Upon failure of the owner to provide that proof when 1,170
requested, the chief may order the suspension of any outstanding 1,172
permits and operations of the owner until the owner provides 1,173
proof of the required insurance coverage.
Except as otherwise provided in this section, an owner of 1,175
any well, before being issued a permit under section 1509.06 of 1,177
the Revised Code, shall execute and file with the division of oil 1,178
and gas MINERAL RESOURCES MANAGEMENT a surety bond conditioned on 1,179
compliance with the restoration requirements of section 1509.072, 1,181
the plugging requirements of section 1509.12, the permit 1,182
provisions of section 1509.13 of the Revised Code, and all rules 1,183
and orders of the chief relating thereto, in an amount set by 1,184
rule of the chief.
The owner may deposit with the chief, instead of a surety 1,186
bond, cash in an amount equal to the surety bond as prescribed 1,187
pursuant to this section or negotiable certificates of deposit or 1,188
27
irrevocable letters of credit, issued by any bank organized or 1,191
transacting business in this state or by any savings and loan 1,192
association as defined in section 1151.01 of the Revised Code, 1,193
having a cash value equal to or greater than the amount of the 1,194
surety bond as prescribed pursuant to this section. Cash or 1,195
certificates of deposit shall be deposited upon the same terms as 1,197
those upon which surety bonds may be deposited. If certificates 1,198
of deposit are deposited with the chief instead of a surety bond, 1,199
the chief shall require the bank or savings and loan association 1,201
that issued any such certificate to pledge securities of a cash 1,202
value equal to the amount of the certificate that is in excess of 1,203
the amount insured by any of the agencies and instrumentalities 1,204
created under the "Federal Deposit Insurance Act," 64 Stat. 873 1,205
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under 1,206
it, including at least the federal deposit insurance corporation, 1,208
bank insurance fund, and savings association insurance fund. The 1,209
securities shall be security for the repayment of the certificate 1,210
of deposit.
Immediately upon a deposit of cash, certificates of 1,213
deposit, or letters of credit with the chief, the chief shall 1,214
deliver them to the treasurer of state who shall hold them in 1,215
trust for the purposes for which they have been deposited. 1,216
Instead of a surety bond, the chief may accept proof of 1,218
financial responsibility consisting of a sworn financial 1,219
statement showing a net financial worth within this state equal 1,220
to twice the amount of the bond for which it substitutes and, as 1,221
may be required by the chief, a list of producing properties of 1,222
the owner within this state or other evidence showing ability and 1,224
intent to comply with the law and rules concerning restoration 1,225
and plugging that may be required by rule of the chief. The 1,226
owner of an exempt domestic or exempt Mississippian well is not 1,227
required to file scheduled updates of the financial documents,
but shall file updates of those documents if requested to do so 1,228
by the chief. The owner of a nonexempt domestic or nonexempt 1,229
28
Mississippian well shall file updates of the financial documents 1,230
in accordance with a schedule established by rule of the chief. 1,231
The chief, upon determining that an owner for whom the chief has 1,232
accepted proof of financial responsibility instead of bond cannot 1,233
demonstrate financial responsibility, shall order that the owner 1,234
execute and file a bond or deposit cash, certificates of deposit, 1,236
or irrevocable letters of credit as required by this section for
the wells specified in the order within ten days of receipt of 1,238
the order. If the order is not complied with, all wells of the 1,239
owner that are specified in the order and for which no bond is 1,240
filed or cash, certificates of deposit, or letters of credit are 1,241
deposited shall be plugged. No owner shall fail or refuse to 1,243
plug such a well. Each day on which such a well remains 1,244
unplugged thereafter constitutes a separate offense.
The surety bond provided for in this section shall be 1,246
executed by a surety company authorized to do business in this 1,247
state. 1,248
The chief shall not approve any bond until it is personally 1,250
signed and acknowledged by both principal and surety, or as to 1,251
either by the principal's or surety's attorney in fact, with a 1,253
certified copy of the power of attorney attached thereto. The 1,254
chief shall not approve a bond unless there is attached a 1,255
certificate of the superintendent of insurance that the company 1,256
is authorized to transact a fidelity and surety business in this 1,257
state.
All bonds shall be given in a form to be prescribed by the 1,259
chief and shall run to the state as obligee. 1,260
An owner of an exempt Mississippian well or an exempt 1,263
domestic well, in lieu of filing a surety bond, cash in an amount 1,265
equal to the surety bond, certificates of deposit, irrevocable 1,266
letters of credit, or a sworn financial statement, may file a 1,267
one-time fee of fifty dollars, which shall be deposited in the 1,268
oil and gas well plugging fund created in section 1509.071 of the 1,269
Revised Code. 1,270
29
Sec. 1509.071. (A) When the chief of the division of oil 1,279
and gas MINERAL RESOURCES MANAGEMENT finds that an owner has 1,280
failed to comply with the restoration requirements of section 1,282
1509.072, plugging requirements of section 1509.12, or permit 1,283
provisions of section 1509.13 of the Revised Code, or rules and 1,284
orders relating thereto, the chief shall make a finding of that 1,286
fact and declare any surety bond filed to ensure compliance with 1,287
those sections and rules forfeited in the amount set by rule of 1,288
the chief. The chief thereupon shall certify the total 1,289
forfeiture to the attorney general, who shall proceed to collect 1,290
the amount of the forfeiture.
In lieu of total forfeiture, the surety, at its option, may 1,292
cause the well to be properly plugged and abandoned and the area 1,293
properly restored or pay to the treasurer of state the cost of 1,295
plugging and abandonment.
(B) All moneys collected because of forfeitures of bonds 1,298
as provided in this section shall be deposited in the state 1,299
treasury to the credit of the oil and gas well fund created in 1,300
section 1509.02 of the Revised Code. The fund shall be expended 1,302
by the chief for the following purposes in addition to the other 1,303
purposes specified in that section: 1,304
(1) In accordance with division (D) of this section, to 1,306
plug wells or to restore the land surface properly as required in 1,310
section 1509.072 of the Revised Code for which the bonds have 1,311
been forfeited, for abandoned wells for which no funds are 1,312
available to plug the wells in accordance with this chapter, or 1,314
to use abandoned wells for the injection of oil or gas production 1,316
wastes;
(2) In accordance with division (E) of this section, to 1,318
correct conditions that the chief reasonably has determined are 1,320
causing imminent health or safety risks. 1,321
Expenditures from the fund shall be made only for lawful 1,323
purposes. 1,324
(C)(1) Upon determining that the owner of a well has 1,327
30
failed to properly plug and abandon it or to properly restore the 1,328
land surface at the well site in compliance with the applicable 1,329
requirements of this chapter and applicable rules adopted and 1,330
orders issued under it or that a well is an abandoned well for 1,331
which no funds are available to plug the well in accordance with 1,332
this chapter, the chief shall do all of the following: 1,333
(a) Determine from the records in the office of the county 1,336
recorder of the county in which the well is located the identity 1,337
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 1,338
well was drilled or the identity of each person owning an 1,339
interest in the lease, and the identities of the persons having 1,340
legal title to, or a lien upon, any of the equipment appurtenant 1,341
to the well; 1,342
(b) Mail notice to the owner of the land on which the well 1,345
is located informing the landowner that the well is to be 1,346
plugged. If the owner of the oil or gas lease under which the 1,347
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 1,348
lease, the chief also shall mail notice that the well is to be 1,349
plugged to the owner of the lease or to each person owning an 1,350
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 1,353
lien upon, any equipment appurtenant to the well, informing the 1,354
person that the well is to be plugged and offering the person the 1,355
opportunity to plug the well and restore the land surface at the 1,356
well site at the person's own expense in order to avoid 1,357
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 1,360
of this section plugs the well within sixty days after the 1,361
mailing of the notice required by that division, all equipment 1,362
appurtenant to the well is hereby declared to be forfeited to 1,363
this state without compensation and without the necessity for any 1,365
action by the state for use to defray the cost of plugging and 1,366
31
abandoning the well and restoring the land surface at the well 1,367
site.
(D) Expenditures from the fund for the purpose of division 1,369
(B)(1) of this section shall be made in accordance with either of 1,371
the following:
(1) The expenditures may be made pursuant to contracts 1,373
entered into by the chief with persons who agree to furnish all 1,375
of the materials, equipment, work, and labor as specified and 1,376
provided in such a contract. Agents or employees of persons 1,377
contracting with the chief for the restoration, plugging, and 1,378
injection projects may enter upon any land, public or private, 1,379
for which a project has been approved by the controlling board 1,380
and on which the well is located, for the purpose of performing 1,381
the work. Prior to such entry, the chief shall give to the 1,382
following persons written notice of the existence of a contract 1,383
for a project to restore, plug, or inject oil or gas production 1,384
wastes into a well, the names of the persons with whom the 1,385
contract is made, and the date that the project will commence: 1,386
the owner of the well, the owner of the land upon which the well 1,387
is located, the owner or agents of adjoining land, and, if the 1,388
well is located in the same township as or in a township adjacent 1,389
to the excavations and workings of a mine and the owner or lessee 1,390
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 1,391
preceding three years, the owner or lessee of the mine. 1,392
The chief periodically shall submit project proposals under 1,394
division (D)(1) of this section to the controlling board, 1,396
together with benefit and cost data and other pertinent 1,397
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 1,399
plugging, or injection projects that are approved by the 1,400
controlling board, and expenditures for a particular project may 1,401
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 1,404
32
who has received notice under division (C)(1)(b) of this section 1,405
may plug the well and be reimbursed by the division for the 1,406
reasonable cost of plugging the well. In order to plug the well, 1,407
the landowner shall submit an application to the chief on a form 1,408
prescribed by the chief and approved by the technical advisory 1,409
council on oil and gas created in section 1509.38 of the Revised 1,411
Code. The application, at a minimum, shall require the landowner 1,412
to provide the same information as is required to be included in 1,413
the application for a permit to plug and abandon under section 1,414
1509.13 of the Revised Code. The application shall be 1,415
accompanied by a copy of a proposed contract to plug the well 1,416
prepared by a contractor regularly engaged in the business of 1,417
plugging oil and gas wells. The proposed contract shall require 1,418
the contractor to furnish all of the materials, equipment, work, 1,419
and labor necessary to plug the well properly and shall specify 1,421
the price for doing the work, including a credit for the 1,422
equipment appurtenant to the well that was forfeited to the state 1,423
through the operation of division (C)(2) of this section. The 1,424
application also shall be accompanied by the permit fee required 1,425
by section 1509.13 of the Revised Code unless the chief, in the 1,426
chief's discretion, waives payment of the permit fee. The 1,427
application constitutes an application for a permit to plug and 1,428
abandon the well for the purposes of section 1509.13 of the 1,429
Revised Code. 1,430
(b) Within thirty days after receiving an application and 1,433
accompanying proposed contract under division (D)(2)(a) of this 1,435
section, the chief shall determine whether the plugging would 1,436
comply with the applicable requirements of this chapter and 1,437
applicable rules adopted and orders issued under it and whether 1,438
the cost of the plugging under the proposed contract is 1,439
reasonable. If the chief determines that the proposed plugging 1,441
would comply with those requirements and that the proposed cost 1,442
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 1,443
33
permit to plug and abandon the well under section 1509.13 of the 1,444
Revised Code. Upon approval of the application and proposed 1,446
contract, the chief shall transfer ownership of the equipment 1,447
appurtenant to the well to the landowner. The chief may 1,448
disapprove an application submitted under division (D)(2)(a) of 1,450
this section if the chief determines that the proposed plugging 1,451
would not comply with the applicable requirements of this chapter 1,452
and applicable rules adopted and orders issued under it, that the 1,453
cost of the plugging under the proposed contract is unreasonable, 1,454
or that the proposed contract is not a bona fide, arms length 1,455
contract.
(c) After receiving the chief's notice of the approval of 1,458
the application and permit to plug and abandon a well under 1,459
division (D)(2)(b) of this section, the landowner shall enter 1,460
into the proposed contract to plug the well. The plugging shall 1,461
be completed within one hundred eight days after the landowner 1,462
receives the notice of approval and permit. 1,463
(d) Upon determining that the plugging has been completed 1,466
within the time required by division (D)(2)(c) of this section 1,468
and has been completed in compliance with the applicable 1,469
requirements of this chapter and applicable rules adopted and 1,470
orders issued under it, the chief shall reimburse the landowner 1,471
for the cost of the plugging as set forth in the proposed 1,472
contract approved by the chief. The reimbursement shall be paid 1,473
from the oil and gas well fund. If the chief determines that the 1,474
plugging was not completed within the required time or was not 1,475
completed in accordance with the applicable requirements, the 1,476
chief shall not reimburse the landowner for the cost of the 1,477
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 1,479
possession of the equipment appurtenant to the well that 1,481
previously was transferred to the landowner under division 1,482
(D)(2)(b) of this section. If any such equipment was removed 1,483
from the well during the plugging and sold, the landowner shall 1,484
34
pay to the chief the proceeds from the sale of the equipment, and 1,485
the chief promptly shall pay the moneys so received to the 1,486
treasurer of state for deposit into the oil and gas well fund. 1,487
The chief may establish an annual limit on the number of 1,489
wells that may be plugged under division (D)(2) of this section 1,491
or an annual limit on the expenditures to be made under that 1,492
division.
As used in division (D)(2) of this section, "plug" and 1,496
"plugging" include the plugging of the well and the restoration 1,497
of the land surface disturbed by the plugging.
(E) Expenditures from the oil and gas well fund for the 1,499
purpose of division (B)(2) of this section may be made pursuant 1,501
to contracts entered into by the chief with persons who agree to 1,502
furnish all of the materials, equipment, work, and labor as 1,503
specified and provided in such a contract. The competitive
bidding requirements of Chapter 153. of the Revised Code do not 1,504
apply if the chief reasonably determines that correction of the 1,505
applicable health or safety risk requires immediate action. The 1,506
chief, designated representatives of the chief, and agents or 1,507
employees of persons contracting with the chief under this 1,508
division may enter upon any land, public or private, for the 1,509
purpose of performing the work. 1,510
(F) Contracts entered into by the chief under this section 1,513
are not subject to either of the following: 1,514
(1) Chapter 4115. of the Revised Code; 1,516
(2) Section 153.54 of the Revised Code, except that the 1,519
contractor shall obtain and provide to the chief as a bid 1,520
guaranty a surety bond or letter of credit in an amount equal to 1,521
ten per cent of the amount of the contract. 1,522
(G) The owner of land on which a well is located who has 1,525
received notice under division (C)(1)(b) of this section, in lieu 1,528
of plugging the well in accordance with division (D)(2) of this 1,529
section, may cause ownership of the well to be transferred to an 1,530
owner who is lawfully doing business in this state and who has 1,531
35
met the financial responsibility requirements established under 1,532
section 1509.07 of the Revised Code, subject to the approval of 1,535
the chief. The transfer of ownership also shall be subject to 1,536
the landowner's filing the appropriate forms required under this 1,537
chapter and providing to the chief sufficient information to 1,538
demonstrate the landowner's or owner's right to produce a
formation or formations. That information may include a deed, a 1,539
lease, or other documentation of ownership or property rights. 1,541
The chief shall approve or disapprove the transfer of 1,543
ownership of the well. If the chief approves the transfer, the 1,544
owner is responsible for operating the well in accordance with 1,545
this chapter and rules adopted under it, including, without 1,546
limitation, all of the following: 1,547
(1) Filing an application with the chief under section 1,549
1509.06 of the Revised Code if the owner intends to drill deeper 1,552
or produce a formation that is not listed in the records of the 1,553
division for that well;
(2) Taking title to and possession of the equipment 1,555
appurtenant to the well that has been identified by the chief as 1,556
having been abandoned by the former owner; 1,557
(3) Complying with all applicable requirements that are 1,560
necessary to drill deeper, plug the well, or plug back the well. 1,561
Sec. 1509.072. No oil or gas well owner or agent of an oil 1,570
or gas well owner shall fail to restore the land surface within 1,571
the area disturbed in siting, drilling, completing, and producing 1,572
the well as required in this section. 1,573
(A) Within five months after the date upon which the 1,575
surface drilling of a well is commenced, the owner or the owner's 1,577
agent, in accordance with the restoration plan filed under 1,579
division (J) of section 1509.06 of the Revised Code, shall fill 1,581
all the pits for containing brine, other waste substances 1,582
resulting, obtained, or produced in connection with exploration 1,583
or drilling for, or production of, oil or gas, or oil that are 1,584
not required by other state or federal law or regulation, and 1,587
36
remove all concrete bases, drilling supplies, and drilling 1,588
equipment. Within nine months after the date upon which the 1,589
surface drilling of a well is commenced, the owner or the owner's 1,590
agent shall grade or terrace and plant, seed, or sod the area 1,592
disturbed that is not required in production of the well where 1,593
necessary to bind the soil and prevent substantial erosion and 1,594
sedimentation. If the chief of the division of oil and gas 1,595
MINERAL RESOURCES MANAGEMENT finds that a pit used for containing 1,596
brine, other waste substances, or oil is in violation of section 1,597
1509.22 of the Revised Code or rules adopted or orders issued 1,598
under it, the chief may require the pit to be emptied and closed 1,601
before expiration of the five-month restoration period.
(B) Within six months after a well that has produced oil 1,603
or gas is plugged, or after the plugging of a dry hole, the owner 1,604
or the owner's agent shall remove all production and storage 1,605
structures, supplies, and equipment, and any oil, salt water, and 1,607
debris, and fill any remaining excavations. Within that period 1,608
the owner or the owner's agent shall grade or terrace and plant, 1,610
seed, or sod the area disturbed where necessary to bind the soil 1,612
and prevent substantial erosion and sedimentation. 1,613
The owner shall be released from responsibility to perform 1,615
any or all restoration requirements of this section on any part 1,616
or all of the area disturbed upon the filing of a request for a 1,617
waiver with and obtaining the written approval of the chief, 1,618
which request shall be signed by the surface owner to certify the 1,619
approval of the surface owner of the release sought. The chief 1,620
shall approve the request unless the chief finds upon inspection 1,623
that the waiver would be likely to result in substantial damage 1,624
to adjoining property, substantial contamination of surface or 1,625
underground water, or substantial erosion or sedimentation. 1,626
The chief, by order, may shorten the time periods provided 1,628
for under division (A) or (B) of this section if failure to 1,629
shorten the periods would be likely to result in damage to public 1,630
health or the waters or natural resources of the state. 1,631
37
The chief, upon written application by an owner or an 1,633
owner's agent showing reasonable cause, may extend the period 1,634
within which restoration shall be completed under divisions (A) 1,636
and (B) of this section, but not to exceed a further six-month 1,637
period, except under extraordinarily adverse weather conditions 1,638
or when essential equipment, fuel, or labor is unavailable to the 1,639
owner or the owner's agent. 1,640
If the chief refuses to approve a request for waiver or 1,642
extension, the chief shall do so by order. 1,643
Sec. 1509.08. Upon receipt of an application for a permit 1,652
required by section 1509.05 of the Revised Code, or upon receipt 1,653
of an application for a permit to plug and abandon under section 1,654
1509.13 of the Revised Code, the chief of the division of oil and 1,655
gas MINERAL RESOURCES MANAGEMENT shall determine whether the well 1,656
is or is to be located in a coal bearing township. 1,659
Whether or not the well is or is to be located in a coal 1,661
bearing township, the chief, by order, may refuse to issue a 1,662
permit required by section 1509.05 of the Revised Code to any 1,663
applicant who at the time of applying for the permit is in 1,664
material or substantial violation of this chapter or rules 1,665
adopted or orders issued under it. The chief shall refuse to 1,667
issue a permit to any applicant who at the time of applying for 1,668
the permit has been found liable by a final nonappealable order 1,669
of a court of competent jurisdiction for damage to streets, 1,670
roads, highways, bridges, culverts, or drainways pursuant to 1,671
section 4513.34 or 5577.12 of the Revised Code until the 1,672
applicant provides the chief with evidence of compliance with the 1,673
order. No applicant shall attempt to circumvent this provision 1,674
by applying for a permit under a different name or business 1,675
organization name, by transferring responsibility to another 1,676
person or entity, by abandoning the well or lease, or by any 1,677
other similar act. 1,678
If the well is not or is not to be located in a coal 1,680
bearing township, or if it is to be located in a coal bearing 1,681
38
township, but the landowner submits an affidavit attesting to 1,683
ownership of the property in fee simple, including the coal, and 1,684
has no objection to the well, the chief shall issue the permit.
If the application to drill, reopen, or convert concerns a 1,686
well that is or is to be located in a coal bearing township, the 1,688
chief of the division of oil and gas shall transmit to the chief 1,689
of the division of mines and reclamation two copies of the 1,690
application and three copies of the map required in section 1,691
1509.06 of the Revised Code, except that, when the affidavit with 1,692
the waiver of objection described in the preceding paragraph is 1,693
submitted, the chief of the division of oil and gas shall not 1,694
transmit the copies. 1,695
The chief of the division of mines and reclamation 1,697
immediately shall notify the owner or lessee of any affected mine 1,698
that the application has been filed and send to the owner or 1,700
lessee two copies of the map accompanying the application setting 1,701
forth the location of the well. 1,702
If the owner or lessee objects to the location of the well 1,704
or objects to any location within fifty feet of the original 1,705
location as a possible site for relocation of the well, the owner 1,706
or lessee shall notify the chief of the division of mines and 1,707
reclamation of the objection, giving the reasons for the 1,709
objection and, if applicable, indicating on a copy of the map the 1,710
particular location or locations within fifty feet of the 1,712
original location to which the owner or lessee objects as a site 1,713
for possible relocation of the well, within six days after the 1,714
receipt of the notice. If the chief of the division of mines and
reclamation receives no objections from the owner or lessee of 1,715
the mine within ten days after the receipt of the notice by the 1,716
owner or lessee, or if in the opinion of the chief of the 1,717
division of mines and reclamation the objections offered by the 1,718
owner or lessee are not sufficiently well founded, the chief 1,720
immediately shall notify the owner or lessee of those findings. 1,721
The owner or lessee may appeal the decision of the chief of the 1,722
39
division of mines and reclamation to the mine examining board 1,725
created under section 1561.10 of the Revised Code. The appeal 1,726
shall be filed within fifteen days from the date on which the 1,727
owner or lessee receives the notice. If the appeal is not filed 1,728
within that time, the chief of the division of mines and 1,729
reclamation immediately shall approve the application, retain a 1,731
copy of the application and map, and return a copy of the 1,732
application to the chief of the division of oil and gas with the 1,733
approval noted on it. The chief of the division of oil and gas 1,736
then shall AND issue the permit if the provisions of this chapter 1,737
pertaining to the issuance of such a permit have been complied 1,738
with. 1,739
If the chief of the division of mines and reclamation 1,741
receives an objection from the owner or lessee of the mine as to 1,743
the location of the well within ten days after receipt of the 1,744
notice by the owner or lessee, and if in the opinion of the chief 1,745
the objection is well founded, the chief shall disapprove the 1,746
application and immediately return it to the chief of the 1,748
division of oil and gas together with the reasons for disapproval 1,749
and a suggestion for SUGGEST a new location for the well, 1,750
provided that the suggested new location shall not be a location 1,751
within fifty feet of the original location to which the owner or 1,752
lessee has objected as a site for possible relocation of the well 1,753
if the chief has determined that the objection is well founded. 1,754
The chief of the division of oil and gas immediately shall notify 1,755
the applicant for the permit of the disapproval and any 1,757
suggestion made by the chief of the division of mines and 1,758
reclamation as to a new location for the well. The applicant may 1,759
withdraw the application or amend the application to drill the 1,761
well at the location suggested by the chief of the division of 1,762
mines and reclamation, or the applicant may appeal the 1,763
disapproval of the application by the chief of the division of 1,764
mines and reclamation to the mine examining board. 1,766
If the chief of the division of mines and reclamation 1,768
40
receives no objection from the owner or lessee of a mine as to 1,770
the location of the well, but does receive an objection from the 1,771
owner or lessee as to one or more locations within fifty feet of 1,772
the original location as possible sites for relocation of the 1,773
well within ten days after receipt of the notice by the owner or 1,774
lessee, and if in the opinion of the chief the objection is well 1,775
founded, the chief nevertheless shall approve the application and 1,776
shall return it immediately to the chief of the division of oil 1,778
and gas together with the reasons for disapproving any of the 1,779
locations to which the owner or lessee objects as possible sites 1,780
for relocation of the well. The chief of the division of oil and 1,781
gas then shall issue a permit if the provisions of this chapter 1,782
pertaining to the issuance of such a permit have been complied 1,783
with, incorporating as a term or condition of the permit that the 1,784
applicant is prohibited from commencing drilling at any location 1,785
within fifty feet of the original location that has been 1,786
disapproved by the chief of the division of mines and 1,787
reclamation. The applicant may appeal to the mine examining 1,788
board the terms and conditions of the permit prohibiting the 1,789
commencement of drilling at any such location disapproved by the 1,790
chief of the division of mines and reclamation. 1,791
Any such appeal shall be filed within fifteen days from the 1,793
date the applicant receives notice of the disapproval of the 1,794
application, any other location within fifty feet of the original 1,795
location, or terms or conditions of the permit, or the owner or 1,796
lessee receives notice of the chief's decision. No approval or 1,797
disapproval of an application shall be delayed by the chief of 1,798
the division of mines and reclamation for more than fifteen days 1,799
from the date of sending the notice of the application to the 1,801
mine owner or lessee as required by this section. 1,802
All appeals provided for in this section shall be treated 1,804
as expedited appeals. The mine examining board shall hear any 1,805
such appeal in accordance with section 1561.53 of the Revised 1,806
Code and render a decision within thirty days of the filing of 1,808
41
the appeal.
The chief of the division of oil and gas shall not issue a 1,810
permit to drill a new well or reopen a well that is or is to be 1,812
located within three hundred feet of any opening of any mine used
as a means of ingress, egress, or ventilation for persons 1,813
employed in the mine, nor within one hundred feet of any building 1,815
or inflammable structure connected with the mine and actually 1,817
used as a part of the operating equipment of the mine, unless the
chief of the division of mines and reclamation determines that 1,819
life or property will not be endangered by drilling and operating 1,821
the well in that location. 1,822
The chief of the division of mines and reclamation may 1,824
suspend the drilling or reopening of a well in a coal bearing 1,825
township after determining that the drilling or reopening 1,826
activities present an imminent and substantial threat to public 1,827
health or safety or to miners' health or safety and having been 1,828
unable to contact the chief of the division of oil and gas to 1,830
request an order of suspension under section 1509.06 of the 1,831
Revised Code. Before issuing a suspension order for this 1,832
purpose, the chief of the division of mines and reclamation shall 1,833
notify the owner in a manner that in the chief's judgment would 1,835
provide reasonable notification that the chief intends to issue a 1,836
suspension order. The chief may issue such an order without 1,837
prior notification if reasonable attempts to notify the owner 1,838
have failed, but in that event notification shall be given as 1,839
soon thereafter as practical. Within five calendar days after 1,840
the issuance of the order, the chief shall provide the owner an 1,841
opportunity to be heard and to present evidence that the
activities do not present an imminent and substantial threat to 1,842
public health or safety or to miners' health or safety. If, 1,843
after considering the evidence presented by the owner, the chief 1,844
determines that the activities do not present such a threat, the 1,845
chief shall revoke the suspension order. An owner may appeal a 1,846
suspension order issued by the chief of the division of mines and 1,847
42
reclamation under this section to the mine examining board or may 1,848
appeal the order directly to the court of common pleas of the 1,849
county in which the well is located.
Sec. 1509.09. A well may be drilled under a permit only at 1,858
the location designated on the map required in section 1509.06 of 1,859
the Revised Code. The location of a well may be changed after 1,860
the issuance of a permit only with the approval of the chief of 1,861
the division of oil and gas and, if the well is located in a coal 1,862
bearing township, with the approval of the chief of the division 1,864
of mines and reclamation the same as required in section 1509.08 1,865
of the Revised Code for the application for a permit to drill a 1,866
well MINERAL RESOURCES MANAGEMENT unless the permit holder 1,868
requests the issuance of an emergency drilling permit under this 1,869
section due to a lost hole under such circumstances that 1,870
completion of the well is not feasible at the original location. 1,871
If a permit holder requests a change of location, he THE PERMIT 1,872
HOLDER shall return the original permit and file an amended map 1,874
indicating the proposed new location.
Drilling shall not be commenced at a new location until the 1,876
original permit bearing a notation of approval by the chief is 1,877
posted at the well site. However, a permit holder may commence 1,878
drilling at a new location without first receiving the prior 1,879
approval required by this section, if all of the following 1,880
conditions are met: 1,881
(A) Within one working day after spudding the new well, 1,883
the permit holder files a request for an emergency drilling 1,884
permit and submits to the chief an application for a permit that 1,885
meets the requirements of section 1509.06 of the Revised Code, 1,886
including the permit fee required by that section, with an 1,887
amended map showing the new location; 1,888
(B) An oil and gas well A MINERAL RESOURCES inspector is 1,890
present before spudding operations are commenced at the location; 1,892
(C) The original well is plugged prior to the skidding of 1,894
the drilling rig to the new location, and the plugging is 1,895
43
witnessed or verified by an oil and gas well A MINERAL RESOURCES 1,896
inspector or, if the well is located in a coal bearing township, 1,898
the gas storage well inspector or BOTH a deputy mine INSPECTOR 1,899
AND A MINERAL RESOURCES inspector unless the chief or his THE 1,901
CHIEF'S authorized representative temporarily waives the 1,902
requirement, but in any event the original well shall be plugged 1,903
before the drilling rig is moved from the location; 1,904
(D) The new location is within fifty feet of the original 1,906
location unless, upon request of the permit holder, the chief of 1,907
the division of oil and gas, with the approval of the chief of 1,908
the division of mines and reclamation if the well is located in a 1,909
coal bearing township, agrees to a new location farther than 1,910
fifty feet from the original location; 1,911
(E) The new location meets all the distance and spacing 1,913
requirements prescribed by rules adopted under sections 1509.23 1,914
and 1509.24 of the Revised Code; 1,915
(F) If the well is located in a coal bearing township, use 1,917
of the new well location has not been disapproved by the chief of 1,918
the division of mines and reclamation and has not been prohibited 1,919
as a term or condition of the permit under section 1509.08 of the 1,921
Revised Code. 1,922
If the chief of the division of oil and gas approves the 1,924
change of location, he THE CHIEF shall issue an emergency permit 1,926
within two working days after the filing of the request for the 1,927
emergency permit. If the chief disapproves the change of 1,928
location, he THE CHIEF shall, by order, deny the request and may 1,929
issue an appropriate enforcement order under section 1509.03 of 1,930
the Revised Code.
Sec. 1509.10. Any person drilling within the state shall, 1,939
within thirty days after the completion of the well, file with 1,940
the division of oil and gas MINERAL RESOURCES MANAGEMENT an 1,941
accurate log designating: 1,942
(A) The purpose for which the well was drilled; 1,944
(B) The character, depth, and thickness of geological 1,946
44
formations encountered, including fresh water, coal seams, 1,947
mineral beds, brine, and oil and gas bearing formations; 1,948
(C) The length in feet of the various sizes of casing and 1,950
tubing used in drilling the well, the amount removed after 1,951
completion, the type and setting depth of each packer, and all 1,952
other data relating to mudding in the annular space behind such 1,953
casing or tubing, indicating completion as a dry, gas, oil, 1,954
combination oil and gas, brine, or artificial brine well; 1,955
(D) The elevation above mean sea level of the point from 1,957
which the depth measurements were made, stating also the height 1,958
of the point above ground level at the well. 1,959
The log shall be submitted in duplicate. The first copy 1,961
shall be retained as a permanent record in the files of the 1,962
division, and the second copy shall be transmitted by the chief 1,963
of the division of oil and gas MINERAL RESOURCES MANAGEMENT to 1,964
the division of geological survey. 1,966
Any electric log, or radioactivity log, or other 1,968
geophysical log, if made in connection with the well shall be 1,969
filed with the division and the chief shall transmit such logs to 1,970
the division of geological survey. Such logs may be retained by 1,971
the owner for a period of not more than six months, or such 1,972
additional time as may be granted by the chief in writing, after 1,973
the completion of the well substantially to the depth shown in 1,974
the application required by section 1509.06 of the Revised Code. 1,975
Upon request in writing by the chief of the division of 1,977
geological survey prior to the beginning of drilling of the well, 1,978
the person drilling the well shall make available a complete set 1,979
of cuttings accurately identified as to depth. 1,980
The form of the log required by this section shall be one 1,982
which THAT has been approved by the chief of the division of oil 1,984
and gas MINERAL RESOURCES MANAGEMENT and the chief of the 1,985
division of geological survey. The filing of a log as required 1,987
by this section fulfills the requirement of filing a log with the 1,988
chief of the division of geological survey in section 1505.04 of 1,989
45
the Revised Code.
Sec. 1509.11. The owner of any well producing or capable 1,998
of producing oil or gas shall file with the chief of the division 1,999
of oil and gas MINERAL RESOURCES MANAGEMENT, on or before the 2,000
fifteenth day of April, a statement of production of oil, gas, 2,001
and brine for the last preceding calendar year in such form as 2,002
the chief may prescribe.
Sec. 1509.12. No owner of any well shall permit defective 2,011
casing or tubing in such well to leak fluids or gas which THAT 2,012
may cause damage to other permeable strata. Upon notice from the 2,014
chief of the division of oil and gas MINERAL RESOURCES 2,016
MANAGEMENT, such owner shall immediately repair such tubing or 2,017
casing or plug and abandon such well. 2,018
Unless written permission is granted by the chief, any well 2,020
which THAT is or becomes incapable of producing oil or gas in 2,021
commercial quantities shall be plugged, but no well shall be 2,022
required to be plugged under this section which THAT is being 2,023
used to produce oil or gas for domestic purposes, or which THAT 2,025
is being lawfully used for a purpose other than production of oil 2,026
or gas. When the chief finds that a well should be plugged, he 2,027
THE CHIEF shall notify the owner to that effect by order in 2,028
writing and shall specify in such order a reasonable time within 2,029
which to comply. No owner shall fail or refuse to plug a well 2,030
within the time specified in the order. Each day on which such a 2,031
well remains unplugged thereafter constitutes a separate offense. 2,032
Where the plugging method prescribed by rules adopted 2,034
pursuant to section 1509.15 of the Revised Code cannot be applied 2,035
or if applied would be ineffective in carrying out the protection 2,036
which THAT the law is meant to give, the chief of the division of 2,038
oil and gas, or if a well is located in a coal-bearing township, 2,039
the chief of the division of mines and reclamation, by order, may 2,040
designate a different method of plugging. The abandonment report 2,041
shall show the manner in which the well was plugged. 2,042
In case of oil or gas wells abandoned prior to September 1, 2,044
46
1951, the board of county commissioners of the county in which 2,045
such wells are located may submit to the electors of the county 2,046
the question of establishing a special fund, by special levy, 2,047
bond issue, or out of current funds, which shall be approved by a 2,048
majority of the electors voting upon such question for the 2,049
purpose of plugging such wells. The fund shall be administered 2,050
by the board and the plugging of oil and gas wells shall be under 2,051
the supervision of the chief of the division of oil and gas, and 2,052
the board shall let contracts for such purpose, provided that 2,053
such fund shall not be used for the purpose of plugging oil and 2,054
gas wells which THAT were abandoned subsequent to September 1, 2,055
1951. 2,056
Sec. 1509.13. No person shall plug and abandon a well 2,065
without having a permit to do so issued by the chief of the 2,066
division of oil and gas MINERAL RESOURCES MANAGEMENT. The permit 2,068
shall be issued by the chief in accordance with this chapter, and 2,069
the chief may establish by rule a period of time from date of 2,070
issue during which permits will be valid. Application by the 2,071
owner for a permit to plug and abandon shall be filed as many 2,072
days in advance as will be necessary for an oil and gas well A 2,073
MINERAL RESOURCES inspector or, if the well is located in a coal 2,075
bearing township, the gas storage well inspector or BOTH a deputy 2,076
mine INSPECTOR AND A MINERAL RESOURCES inspector to be present at 2,078
the plugging. The application shall be filed with the chief upon 2,079
a form that the chief prescribes and shall contain the following 2,082
information:
(A) The name and address of the owner; 2,084
(B) The signature of the owner or the owner's authorized 2,086
agent. When an authorized agent signs an application, it shall 2,088
be accompanied by a certified copy of the appointment as that 2,090
agent.
(C) The location of the well identified by section or lot 2,092
number, city, village, township, and county; 2,093
(D) Designation of well by name and number; 2,095
47
(E) The total depth of the well to be plugged; 2,097
(F) The date and amount of last production from the well; 2,099
(G) Other data that the chief may require. 2,102
If oil or gas has been produced from the well, the 2,104
application shall be accompanied by a fee of fifty dollars. If a 2,105
new dry well has been drilled in accordance with law and the 2,106
permit is still valid, the permit holder may receive approval to 2,107
plug the well from an oil and gas well A MINERAL RESOURCES 2,108
inspector or, if the well is located in a coal bearing township, 2,110
the gas storage well inspector or BOTH a deputy mine INSPECTOR 2,111
AND A MINERAL RESOURCES inspector so that the well can be plugged 2,114
and abandoned without undue delay. No well located outside a 2,115
coal bearing township shall be plugged and abandoned without an 2,116
oil and gas well A MINERAL RESOURCES inspector present unless 2,117
permission has been granted by the chief of the division of oil 2,118
and gas, and no well located within a coal bearing township shall 2,119
be plugged and abandoned without the gas storage well inspector 2,120
or a deputy mine inspector present unless permission has been 2,121
granted by the chief of the division of mines and reclamation. 2,123
The owner of the well shall give written notice at the same time 2,124
to the owner of the land upon which the well is located, the 2,125
owners or agents of adjoining land, adjoining well owners or 2,126
agents, and, if the well penetrates or passes within one hundred 2,127
feet of the excavations and workings of a mine, the owner or 2,128
lessee of that mine, of the well owner's intention to abandon the 2,129
well and of the time when the well owner will be prepared to 2,130
commence plugging it.
An applicant may file a request with the chief of the 2,132
division of oil and gas for expedited review of an application 2,133
for a permit to plug and abandon a well. The chief may refuse to 2,136
accept a request for expedited review if, in the chief's
judgment, acceptance of the request will prevent the issuance, 2,137
within twenty-one days of filing, of permits for which 2,138
applications filed under section 1509.06 of the Revised Code are 2,139
48
pending. In addition to a complete application for a permit that 2,140
meets the requirements of this section and the permit fee 2,141
prescribed by this section, if applicable, a request shall be 2,142
accompanied by a nonrefundable filing fee of two hundred fifty 2,143
dollars unless the chief has ordered the applicant to plug and 2,144
abandon the well. When a request for expedited review is filed, 2,145
the chief shall immediately begin to process the application and 2,146
shall issue a permit within seven days of the filing of the 2,147
request unless the chief, by order, denies the application. 2,149
Upon filing of an application for a permit to plug and 2,151
abandon a well that is located in a coal bearing township, the 2,152
chief shall cause the chief of the division of mines and 2,153
reclamation to be notified of the filing of the permit 2,154
application by telephone or other means that in the judgment of 2,155
the chief would provide timely notice of the application. 2,157
This section does not apply to a well plugged or abandoned 2,159
in compliance with section 1571.05 of the Revised Code. 2,161
Sec. 1509.14. Any person who abandons a well, when written 2,170
permission has been granted by the chief of the division of oil 2,171
and gas or the chief of the division of mines and reclamation 2,173
MINERAL RESOURCES MANAGEMENT to abandon and plug the well without 2,175
an inspector being present to supervise the plugging, shall make 2,177
a written report of the abandonment to the chief of the division 2,178
of oil and gas regardless of which chief granted permission for 2,179
the abandonment. The report shall be submitted to the chief of 2,181
the division of oil and gas not later than thirty days after the 2,183
date of abandonment and shall include all of the following: 2,185
(A) The date of abandonment; 2,187
(B) The name of the owner or operator of the well at the 2,189
time of abandonment and the post-office address of the owner or 2,191
operator; 2,192
(C) The location of the well as to township and county and 2,195
the name of the owner of the surface upon which the well is 2,196
drilled, with the address thereof; 2,197
49
(D) The date of the permit to drill; 2,199
(E) The date when drilled; 2,201
(F) The depth of the well; 2,203
(G) The depth of the top of the formation to which the 2,205
well was drilled; 2,206
(H) The depth of each seam of coal drilled through; 2,208
(I) A detailed report as to how the well was plugged, 2,211
giving in particular the manner in which the coal and various 2,212
formations were plugged, and the date of the plugging of the 2,214
well, including the names of those who witnessed the plugging of 2,216
the well.
The report shall be signed by the owner or operator, or the 2,219
agent of the owner or operator, who abandons and plugs the well 2,220
and verified by the oath of the party so signing. For the 2,222
purposes of this section, the oil and gas well inspectors, gas 2,223
storage well inspectors, or deputy mine MINERAL RESOURCES 2,224
inspectors may take acknowledgments and administer oaths to the 2,226
parties signing the report.
Sec. 1509.15. When any well is to be abandoned, it shall 2,235
first be plugged in accordance with a method of plugging adopted 2,236
by rule by the chief of the division of oil and gas, except that 2,237
if a well is located in a coal-bearing township, it shall be 2,238
plugged in accordance with a method of plugging adopted by rule 2,239
by the chief of the division of mines and reclamation MINERAL 2,240
RESOURCES MANAGEMENT. The abandonment report shall show the 2,242
manner in which the well was plugged.
Sec. 1509.17. Any person who drills a well shall, before 2,251
drilling into the principal or major producing formation therein, 2,252
encase such well with good and sufficient wrought iron or steel 2,253
casing so as to exclude all surface, fresh, or salt water from 2,254
any part of such well penetrating the oil or gas bearing sand or 2,255
rock or fresh water strata. The method of placing such casing 2,256
shall be approved by the chief of the division of oil and gas, 2,257
MINERAL RESOURCES MANAGEMENT and shall be in accord with the most 2,259
50
approved method used in the operation of such type of well. The 2,260
chief may, in lieu of the casing method outlined in this section, 2,261
accept adequate mudding methods with prepared clay in the annular 2,262
space behind such casing in sufficient quantities to shut of OFF 2,263
all gas or oil and which THAT will exclude all surface, fresh, or 2,264
salt water from any part of such well penetrating the oil, gas, 2,266
or mineral bearing formation, or fresh water strata. 2,267
Written approval from the chief is required in each case. 2,269
In the operation of a gas well, it is permissible, with the 2,270
written consent of the chief, to withdraw all casing in such 2,271
well, leaving only the tubing and the packer therein, provided 2,272
that such well is filled with prepared clay from the top of such 2,273
packer to the surface, as each succeeding string of casing in 2,274
such well is withdrawn. When the well penetrates the excavations 2,275
of a mine, the casing shall remain intact as provided in section 2,276
1509.18 of the Revised Code and be plugged and abandoned in 2,277
accordance with section 1509.15 of the Revised Code. 2,278
Sec. 1509.18. Any person who drills a well within the 2,287
limits of a mining operation shall give consideration for the 2,288
safety of the men PERSONNEL working in such mine, and, if 2,289
possible, shall locate such well so as to penetrate a pillar. 2,290
If a well is to be drilled within the limits of a mining 2,292
operation which THAT may penetrate the excavation of a mine, the 2,293
hole shall be reduced approximately fifteen feet above the roof 2,295
of the mine. If roof conditions at the mine warrant, the hole 2,296
shall be reduced in the rock formation immediately above such 2,297
mine, and a string of casing placed upon the shoulder so as to 2,298
shut off all water, then drilling shall be continued to a point 2,299
approximately thirty feet below the floor of the mine and another 2,300
string of casing set. Both strings of casing shall be 2,301
approximately the same diameter as the diameter of the hole. 2,302
If no water is encountered between the bottom of the drive 2,304
pipe and the approximate casing shoulder above the roof of such 2,305
mine, in lieu of the casing method outlined above, it is 2,306
51
permissible to use the following casing method: the hole shall 2,307
be drilled thirty feet below the floor of the mine and a string 2,308
of casing shall be extended from the surface to a point thirty 2,309
feet below the floor of the mine with a packer of sufficient size 2,310
attached to such string of casing. Such packer shall be placed 2,311
so that it will be below all water and will be located in the 2,312
rock formation immediately above such mine and shall prevent 2,313
water or destructive matter from entering therein. Then the 2,314
annular space above such packer between the casing and well wall 2,315
shall be filled with prepared clay a minimum distance of fifty 2,316
feet. 2,317
If a well is drilled within the limits of a mining 2,319
operation and does not penetrate the excavations of a mine, the 2,320
hole shall be reduced thirty feet below the coal or mineral which 2,321
THAT is being mined and a string of casing placed at this point. 2,322
The annular space behind such casing shall be filled with neat 2,323
cement from the casing seat to a point not less than fifty feet 2,324
above such seam of coal or mineral which THAT is being mined. 2,325
The packer method, outlined in this section, is also permissible 2,327
in this type of well. 2,328
It is permissible to attach a release coupling or a right 2,330
and left nipple to the string of casing that extends through the 2,331
mine, but such release coupling or right and left nipple shall be 2,332
placed in such a manner that it is above the packer or at least 2,333
twenty feet above the coal or mineral that is being mined. 2,334
In wells penetrating the excavation of a mine, the casing 2,336
shall be enclosed, if possible, with a column extending from the 2,337
floor to the roof of such mine, built of brick or other suitable 2,338
material, subject to the approval of the chief of the division of 2,340
mines and reclamation MINERAL RESOURCES MANAGEMENT. If the chief 2,341
finds the method prescribed in this section unsafe, inadequate, 2,342
or not suitable, he THE CHIEF shall require such method to be 2,343
altered in such manner that it will be safe. 2,344
Sec. 1509.21. No person shall, without first having 2,353
52
obtained a permit from the chief of the division of oil and gas 2,354
MINERAL RESOURCES MANAGEMENT, conduct secondary or additional 2,356
recovery operations, including any underground injection of 2,357
fluids for the secondary or tertiary recovery of oil or natural 2,358
gas or for the storage of hydrocarbons that are liquid at 2,359
standard temperature or pressure, unless a rule of the chief 2,360
expressly authorizes such operations without a permit. Such 2,361
permit shall be in addition to any permit required by section 2,362
1509.05 of the Revised Code. Secondary or additional recovery 2,363
operations shall be conducted in accordance with rules and orders 2,364
of the chief and any terms or conditions of the permit
authorizing such operations. Rules adopted under this section 2,365
shall include provisions regarding applications for and the 2,366
issuance of permits; the terms and conditions of permits; entry 2,367
to conduct inspections and to examine records to ascertain 2,368
compliance with this section and rules, orders, and terms and 2,369
conditions of permits ADOPTED OR issued thereunder; the provision 2,370
and maintenance of information through monitoring, recordkeeping, 2,371
and reporting; and other provisions in furtherance of the goals 2,372
of this section and the "Safe Drinking Water Act." To implement 2,373
the goals of the "Safe Drinking Water Act," 88 Stat. 1661, 42 2,375
U.S.C.A 300(f), as amended, the chief shall not issue a permit 2,376
for the underground injection of fluids for the secondary or 2,377
tertiary recovery of oil or natural gas or for the storage of 2,378
hydrocarbons that are liquid at standard temperature and 2,379
pressure, unless the chief concludes that the applicant has 2,380
demonstrated that the injection will not result in the presence 2,381
of any contaminant in underground water that supplies or can be 2,382
reasonably expected to supply any public water system, such that 2,383
the presence of any such contaminant may result in the system's 2,384
not complying with any national primary drinking water regulation 2,385
or may otherwise adversely affect the health of persons. Rules, 2,386
orders, and terms or conditions of permits ADOPTED OR issued 2,387
under this section shall be construed to be no more stringent 2,388
53
that THAN required for compliance with the Safe Drinking Water 2,389
Act, unless essential to ensure that underground sources of 2,390
drinking water will not be endangered. 2,391
Sec. 1509.22. (A) Except when acting in accordance with 2,400
section 1509.226 of the Revised Code, no person shall place or 2,401
cause to be placed brine in surface or ground water or in or on 2,402
the land in such quantities or in such manner as actually causes 2,403
or could reasonably be anticipated to cause either of the 2,404
following:
(1) Water used for consumption by humans or domestic 2,406
animals to exceed the standards of the Safe Drinking Water Act; 2,408
(2) Damage or injury to public health or safety or the 2,410
environment. 2,411
(B) No person shall store or dispose of brine in violation 2,413
of a plan approved under division (A) of section 1509.222 or 2,414
section 1509.226 of the Revised Code, in violation of a 2,415
resolution submitted under section 1509.226 of the Revised Code, 2,416
or in violation of rules or orders applicable to those plans or 2,418
resolutions. 2,419
(C) The chief of the division of oil and gas MINERAL 2,421
RESOURCES MANAGEMENT shall adopt rules and issue orders regarding 2,423
storage and disposal of brine and other waste substances; 2,424
however, the storage and disposal of brine and the chief's rules 2,425
relating to storage and disposal are subject to all of the 2,426
following standards:
(1) Brine from any well except an exempt Mississippian 2,428
well shall be disposed of only by injection into an underground 2,430
formation, including annular disposal if approved by rule of the 2,431
chief, which injection shall be subject to division (D) of this 2,432
section; by surface application in accordance with section 2,433
1509.226 of the Revised Code; in association with a method of 2,434
enhanced recovery as provided in section 1509.21 of the Revised 2,435
Code; or by other methods approved by the chief for testing or 2,436
implementing a new technology or method of disposal. Brine from 2,437
54
exempt Mississippian wells shall not be discharged directly into 2,438
the waters of the state. 2,439
(2) Muds, cuttings, and other waste substances shall not 2,441
be disposed of in violation of any rule; 2,442
(3) Pits may be used for containing brine and other waste 2,444
substances resulting from, obtained from, or produced in 2,445
connection with drilling, fracturing, reworking, reconditioning, 2,447
plugging back, or plugging operations, but the pits shall be 2,448
constructed and maintained to prevent the escape of brine and 2,450
other waste substances. A dike or pit may be used for spill 2,452
prevention and control. A dike or pit so used shall be 2,453
constructed and maintained to prevent the escape of brine, and 2,454
the reservoir within such a dike or pit shall be kept reasonably 2,455
free of brine and other waste substances. 2,456
(4) Earthen impoundments constructed pursuant to the 2,458
division's specifications may be used for the temporary storage 2,459
of brine and other waste substances in association with a 2,460
saltwater injection well, an enhanced recovery project, or a 2,461
solution mining project; 2,462
(5) No pit, earthen impoundment, or dike shall be used for 2,464
the temporary storage of brine except in accordance with 2,465
divisions (C)(3) and (4) of this section; 2,466
(6) No pit or dike shall be used for the ultimate disposal 2,468
of brine. 2,469
(D) No person, without first having obtained a permit from 2,472
the chief, shall inject brine or other waste substances resulting 2,473
from, obtained from, or produced in connection with oil or gas 2,475
drilling, exploration, or production into an underground 2,476
formation unless a rule of the chief expressly authorizes the 2,477
injection without a permit. The permit shall be in addition to 2,478
any permit required by section 1509.05 of the Revised Code, and 2,479
the permit application shall be accompanied by a permit fee of 2,480
one hundred dollars. The chief shall adopt rules in accordance 2,481
with Chapter 119. of the Revised Code regarding the injection 2,482
55
into wells of brine and other waste substances resulting from, 2,483
obtained from, or produced in connection with oil or gas 2,484
drilling, exploration, or production. The rules shall include 2,485
provisions regarding applications for and issuance of the permits 2,486
required by this division; entry to conduct inspections and to 2,487
examine and copy records to ascertain compliance with this 2,488
division and rules, orders, and terms and conditions of permits 2,489
adopted or issued under it; the provision and maintenance of 2,490
information through monitoring, recordkeeping, and reporting; and 2,492
other provisions in furtherance of the goals of this section and 2,493
the Safe Drinking Water Act. To implement the goals of the Safe 2,494
Drinking Water Act, the chief shall not issue a permit for the 2,496
injection of brine or other waste substances resulting from, 2,497
obtained from, or produced in connection with oil or gas 2,499
drilling, exploration, or production unless the chief concludes 2,500
that the applicant has demonstrated that the injection will not 2,501
result in the presence of any contaminant in ground water that 2,502
supplies or can reasonably be expected to supply any public water 2,503
system, such that the presence of the contaminant may result in 2,504
the system's not complying with any national primary drinking 2,505
water regulation or may otherwise adversely affect the health of 2,506
persons. This division and rules, orders, and terms and 2,507
conditions of permits adopted or issued under it shall be 2,508
construed to be no more stringent than required for compliance 2,510
with the Safe Drinking Water Act unless essential to ensure that 2,511
underground sources of drinking water will not be endangered. 2,512
(E) The owner holding a permit, or an assignee or 2,514
transferee who has assumed the obligations and liabilities 2,515
imposed by this chapter and any rules adopted or orders issued 2,517
under it pursuant to section 1509.31 of the Revised Code, and the 2,519
operator of a well shall be liable for a violation of this 2,520
section or any rules adopted or orders or terms or conditions of 2,521
a permit issued under it.
(F) An owner shall replace the water supply of the holder 2,523
56
of an interest in real property who obtains all or part of the 2,525
holder's supply of water for domestic, agricultural, industrial, 2,526
or other legitimate use from an underground or surface source 2,527
where the supply has been substantially disrupted by 2,528
contamination, diminution, or interruption proximately resulting 2,529
from the owner's oil or gas operation, or the owner may elect to 2,530
compensate the holder of the interest in real property for the 2,531
difference between the fair market value of the interest before 2,532
the damage occurred to the water supply and the fair market value 2,533
after the damage occurred if the cost of replacing the water 2,534
supply exceeds this difference in fair market values. However, 2,535
during the pendency of any order issued under this division, the 2,536
owner shall obtain for the holder or shall reimburse the holder 2,537
for the reasonable cost of obtaining a water supply from the time 2,538
of the contamination, diminution, or interruption by the 2,539
operation until the owner has complied with an order of the chief 2,540
for compliance with this division or such an order has been 2,541
revoked or otherwise becomes not effective. If the owner elects 2,542
to pay the difference in fair market values, but the owner and 2,543
the holder have not agreed on the difference within thirty days 2,544
after the chief issues an order for compliance with this 2,545
division, within ten days after the expiration of that thirty-day 2,546
period, the owner and the chief each shall appoint an appraiser 2,548
to determine the difference in fair market values, except that 2,549
the holder of the interest in real property may elect to appoint 2,550
and compensate the holder's own appraiser, in which case the 2,551
chief shall not appoint an appraiser. The two appraisers 2,553
appointed shall appoint a third appraiser, and within thirty days 2,554
after the appointment of the third appraiser, the three 2,555
appraisers shall hold a hearing to determine the difference in 2,556
fair market values. Within ten days after the hearing, the 2,557
appraisers shall make their determination by majority vote and 2,558
issue their final determination of the difference in fair market 2,559
values. The chief shall accept a determination of the difference 2,560
57
in fair market values made by agreement of the owner and holder 2,561
or by appraisers under this division and shall make and dissolve 2,562
orders accordingly. This division does not affect in any way the 2,563
right of any person to enforce or protect, under applicable law, 2,564
the person's interest in water resources affected by an oil or 2,565
gas operation.
(G) In any action brought by the state for a violation of 2,567
division (A) of this section involving any well at which annular 2,568
disposal is used, there shall be a rebuttable presumption 2,569
available to the state that the annular disposal caused the 2,570
violation if the well is located within a one-quarter mile radius 2,571
of the site of the violation. 2,572
Sec. 1509.221. No person, without first having obtained a 2,581
permit from the chief of the division of oil and gas MINERAL 2,582
RESOURCES MANAGEMENT, shall drill a well or inject a substance 2,584
into a well for the exploration for or extraction of minerals or 2,585
energy, other than oil or natural gas, including, but not limited 2,586
to, the mining of sulfur by the Frasch process, the solution 2,587
mining of minerals, the in situ combustion of fossil fuel, or the 2,588
recovery of geothermal energy to produce electric power, unless a 2,589
rule of the chief expressly authorizes the activity without a 2,590
permit. The permit shall be in addition to any permit required 2,591
by section 1509.05 of the Revised Code. The chief shall adopt 2,592
rules in accordance with Chapter 119. of the Revised Code 2,593
governing the issuance of permits under this section. The rules 2,594
shall include provisions regarding the matters the applicant for 2,595
a permit shall demonstrate to establish eligibility for a permit; 2,596
the form and content of applications for permits; the terms and 2,597
conditions of permits; entry to conduct inspections and to 2,598
examine and copy records to ascertain compliance with this 2,599
section and rules, orders, and terms and conditions of permits 2,600
ADOPTED OR issued thereunder; provision and maintenance of 2,601
information through monitoring, recordkeeping, and reporting; and 2,602
other provisions in furtherance of the goals of this section and 2,603
58
the "Safe Drinking Water Act," 88 Stat. 1661, 42 U.S.C.A. 2,604
300(f), as amended. To implement the goals of the Safe Drinking 2,605
Water Act, the chief shall not issue a permit under this section, 2,606
unless he THE CHIEF concludes that the applicant has demonstrated 2,608
that the drilling, injection of a substance, and extraction of 2,609
minerals or energy will not result in the presence of any 2,610
contaminant in underground water that supplies or can reasonably 2,611
be expected to supply any public water system, such that the 2,612
presence of the contaminant may result in the system's not 2,613
complying with any national primary drinking water regulation or 2,614
may otherwise adversely affect the health of persons. The chief 2,615
may issue, without a prior adjudication hearing, orders requiring 2,616
compliance with this section and rules, orders, and terms and 2,617
conditions or OF permits ADOPTED OR issued thereunder. This 2,618
section and rules, orders, and terms and conditions of permits 2,619
ADOPTED OR issued thereunder shall be construed to be no more 2,621
stringent than required for compliance with the Safe Drinking 2,622
Water Act, unless essential to ensure that underground sources of 2,623
drinking water will not be endangered. 2,624
In an action under section 1509.04 or 1509.33 of the 2,626
Revised Code to enforce this section, the court shall grant 2,627
preliminary and permanent injunctive relief and impose a civil 2,628
penalty upon the showing that the person against whom the action 2,629
is brought has violated, is violating, or will violate this 2,630
section or rules, orders, or terms or conditions of permits 2,631
ADOPTED OR issued thereunder. The court shall not require, prior 2,632
to granting such preliminary and permanent injunctive relief or 2,633
imposing a civil penalty, proof that the violation was, is, or 2,634
will be the result of intentional conduct or negligence. In any 2,635
such action, any person may intervene as a plaintiff upon the 2,636
demonstration that the person has an interest that is or may be 2,637
adversely affected by the activity for which injunctive relief or 2,638
a civil penalty is sought. 2,639
Sec. 1509.222. (A)(1) Except as provided in section 2,648
59
1509.226 of the Revised Code, no person shall transport brine by 2,649
vehicle in this state unless the business entity that employs the 2,650
person first registers with and obtains a registration 2,651
certificate and identification number from the chief of the 2,652
division of oil and gas MINERAL RESOURCES MANAGEMENT. 2,653
(2) No more than one registration certificate shall be 2,655
required of any business entity. Registration certificates 2,656
issued under this section are not transferable. An applicant 2,658
shall file an application with the chief, containing such 2,659
information in such form as the chief prescribes, but including a 2,660
plan for disposal that provides for compliance with the 2,661
requirements of this chapter and rules of the chief pertaining to 2,662
the transportation of brine by vehicle and the disposal of brine 2,663
so transported and that lists all disposal sites that the 2,664
applicant intends to use, the bond required by section 1509.225 2,665
of the Revised Code, and a certificate issued by an insurance 2,666
company authorized to do business in this state certifying that 2,667
the applicant has in force a liability insurance policy in an 2,668
amount not less than three hundred thousand dollars bodily injury 2,669
coverage and three hundred thousand dollars property damage 2,670
coverage to pay damages for injury to persons or property caused 2,671
by the collecting, handling, transportation, or disposal of 2,672
brine. The policy shall be maintained in effect during the term 2,673
of the registration certificate. The policy or policies 2,674
providing the coverage shall require the insurance company to 2,676
give notice to the chief if the policy or policies lapse for any 2,677
reason. Upon such termination of the policy, the chief may 2,678
suspend the registration certificate until proper insurance 2,679
coverage is obtained. Each application for a registration 2,680
certificate shall be accompanied by a nonrefundable fee of five 2,681
hundred dollars. 2,682
(B) The chief shall issue an order denying an application 2,684
for a registration certificate if the chief finds that either of 2,685
the following applies: 2,686
60
(1) The applicant, at the time of applying for the 2,688
registration certificate, has been found liable by a final 2,689
nonappealable order of a court of competent jurisdiction for 2,690
damage to streets, roads, highways, bridges, culverts, or 2,691
drainways pursuant to section 4513.34 or 5577.12 of the Revised 2,692
Code until the applicant provides the chief with evidence of 2,693
compliance with the order; 2,694
(2) The applicant's plan for disposal does not provide for 2,696
compliance with the requirements of this chapter and rules of the 2,697
chief pertaining to the transportation of brine by vehicle and 2,698
the disposal of brine so transported. 2,699
(C) No applicant shall attempt to circumvent division (B) 2,701
of this section by applying for a registration certificate under 2,702
a different name or business organization name, by transferring 2,703
responsibility to another person or entity, or by any similar 2,704
act. 2,705
(D) A registered transporter shall apply to revise a 2,707
disposal plan under procedures that the chief shall prescribe by 2,708
rule. However, at a minimum, an application for a revision shall 2,709
list all sources and disposal sites of brine currently 2,710
transported. The chief shall deny any application for a 2,711
revision of a plan under this division if the chief finds that 2,712
the proposed revised plan does not provide for compliance with 2,713
the requirements of this chapter and rules of the chief 2,714
pertaining to the transportation of brine by vehicle and the 2,715
disposal of brine so transported. Approvals and denials of 2,716
revisions shall be by order of the chief. 2,717
(E) The chief may adopt rules, issue orders, and attach 2,719
terms and conditions to registration certificates as may be 2,720
necessary to administer, implement, and enforce sections 1509.222 2,721
to 1509.226 of the Revised Code for protection of public health 2,722
or safety or conservation of natural resources. 2,723
Sec. 1509.223. (A) No permit holder or owner of a well 2,732
shall enter into an agreement with or permit any person to 2,733
61
transport brine produced from the well who is not registered 2,734
pursuant to section 1509.222 of the Revised Code or exempt from 2,735
registration under section 1509.226 of the Revised Code. 2,736
(B) Each registered transporter shall file with the chief 2,738
of the division of oil and gas MINERAL RESOURCES MANAGEMENT, on 2,739
or before the fifteenth day of April, a statement concerning 2,741
brine transported, including quantities transported and source 2,742
and delivery points, during the last preceding calendar year, and 2,743
such other information in such form as the chief may prescribe. 2,744
(C) Each registered transporter shall keep on each vehicle 2,746
used to transport brine a daily log and have it available upon 2,747
the request of the chief or an authorized representative of the 2,748
chief or a peace officer. The log shall, at a minimum, include 2,749
ALL OF the following information: 2,750
(1) The name of the owner or owners of the well or wells 2,752
producing the brine to be transported; 2,753
(2) The date and time the brine is loaded; 2,755
(3) The name of the driver; 2,757
(4) The amount of brine loaded at each collection point; 2,759
(5) The disposal location; and 2,761
(6) The date and time the brine is disposed of and the 2,763
amount of brine disposed of at each location. 2,764
No registered transporter shall falsify or fail to keep or 2,766
submit the log required by this division. 2,767
(D) Each registered transporter shall legibly identify 2,769
with reflective paints all vehicles employed in transporting or 2,770
disposing of brine. Letters shall be no less than four inches in 2,771
height and shall indicate the identification number issued by the 2,772
chief, the word "brine," and the name and telephone number of the 2,773
transporter. 2,774
(E) The chief shall maintain and keep a current list of 2,776
persons registered to transport brine under section 1509.222 of 2,777
the Revised Code. The list shall be open to public inspection. 2,778
It is an affirmative defense to a charge under division (A) of 2,779
62
this section that at the time the permit holder or owner of a 2,780
well entered into an agreement with or permitted a person to 2,781
transport brine, the person was shown on the list as currently 2,782
registered to transport brine. 2,783
Sec. 1509.224. (A) In addition to any other remedies 2,792
provided in Chapter 1509. of the Revised Code THIS CHAPTER, if 2,793
the chief of the division of oil and gas MINERAL RESOURCES 2,795
MANAGEMENT has reason to believe that a pattern of the same or 2,797
similar violations of any requirements of sections 1509.22, 2,798
1509.222, or 1509.223 of the Revised Code, or any rule adopted 2,799
thereunder or term or condition of the registration certificate 2,800
issued thereunder exists or has existed, and the violations are 2,801
caused by the transporter's indifference, lack of diligence, or 2,802
lack of reasonable care, or are willfully caused by the 2,803
transporter, the chief shall immediately issue an order to the 2,804
transporter to show cause why the certificate should not be
suspended or revoked. After the issuance of the order, the chief 2,805
shall provide the transporter an opportunity to be heard and to 2,806
present evidence at an informal hearing conducted by the chief. 2,807
If, at the conclusion of the hearing, the chief finds that such a 2,808
pattern of violations exists or has existed, he THE CHIEF shall 2,809
issue an order suspending or revoking the transporter's 2,810
registration certificate. An order suspending or revoking a 2,811
certificate under this section may be appealed under sections 2,812
1509.36 and 1509.37 of the Revised Code, or notwithstanding any 2,813
other provision of this chapter, may be appealed directly to the 2,814
court of common pleas of Franklin county. 2,815
(B) Before issuing an order denying a registration 2,817
certificate; approving or denying approval of an application for 2,818
revision of a registered transporter's plan for disposal; or to 2,819
implement, administer, or enforce section 1509.22, 1509.222, 2,820
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and 2,821
terms and conditions of registration certificates ADOPTED OR 2,822
issued thereunder pertaining to the transportation of brine by 2,823
63
vehicle and the disposal of brine so transported, the chief shall 2,824
issue a preliminary order indicating the chief's intent to issue 2,825
a final order. The preliminary order shall clearly state the 2,826
nature of the chief's proposed action and the findings on which 2,827
it is based and shall state that the preliminary order becomes a 2,828
final order thirty days after its issuance unless the person to 2,829
whom the preliminary order is directed submits to the chief a 2,830
written request for an informal hearing before the chief within 2,831
that thirty-day period. At the hearing the person may present 2,832
evidence as to why the preliminary order should be revoked or 2,833
modified. Based upon the findings from the informal hearing, the 2,834
chief shall revoke, issue, or modify and issue the preliminary 2,835
order as a final order. A final order may be appealed under 2,836
sections 1509.36 and 1509.37 of the Revised Code. 2,837
Sec. 1509.225. (A) Before being issued a registration 2,846
certificate under section 1509.222 of the Revised Code, an 2,847
applicant shall execute and file with the division of oil and gas 2,848
MINERAL RESOURCES MANAGEMENT a surety bond for fifteen thousand 2,850
dollars to provide compensation for damage and injury resulting 2,851
from transporters' violations of sections 1509.22, 1509.222, and 2,852
1509.223 of the Revised Code, all rules and orders of the chief 2,853
of the division of oil and gas MINERAL RESOURCE MANAGEMENT 2,854
relating thereto, and all terms and conditions of the 2,856
registration certificate imposed thereunder. The applicant may 2,857
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 2,858
negotiable certificates of deposit issued by any bank organized 2,859
or transacting business in this state, or certificates of deposit 2,860
issued by any building and loan association as defined in section 2,861
1151.01 of the Revised Code, having a cash value equal to or 2,862
greater than the amount of the surety bond as prescribed in this 2,863
section. Cash or certificates of deposit shall be deposited upon 2,864
the same terms as those upon which surety bonds may be deposited. 2,865
If certificates of deposit are deposited with the chief in lieu 2,866
64
of a surety bond, he THE CHIEF shall require the bank or building 2,868
and loan association that issued any such certificate to pledge 2,869
securities of a cash value equal to the amount of the certificate 2,870
that is in excess of the amount insured by any of the agencies 2,871
and instrumentalities created by or under the following acts and 2,872
amendments thereto: 2,873
(1) "Federal Deposit Insurance Corporation ACT," 64 Stat. 2,876
873 (1950), 12 U.S.C. 1811; 2,877
(2) Federal Savings and Loan Insurance Corporation, 48 2,879
Stat. 1256, 12 U.S.C. 1726; 2,880
(3) Deposit guaranty association, sections 1151.80 to 2,882
1151.92 of the Revised Code, AS AMENDED, AND REGULATIONS ADOPTED 2,883
UNDER IT, INCLUDING AT LEAST THE FEDERAL DEPOSIT INSURANCE 2,884
CORPORATION, BANK INSURANCE FUND, AND SAVINGS ASSOCIATION 2,885
INSURANCE FUND.
Such securities shall be security for the repayment of the 2,887
certificate of deposit. Immediately upon a deposit of cash or 2,888
certificates with the chief, he THE CHIEF shall deliver it to the 2,890
treasurer of the state who shall hold it in trust for the 2,891
purposes for which it has been deposited. 2,892
(B) The surety bond provided for in this section shall be 2,894
executed by a surety company authorized to do business in this 2,895
state. The chief shall not approve any bond until it is 2,896
personally signed and acknowledged by both principal and surety, 2,897
or as to either by his AN attorney in fact, with a certified copy 2,899
of the power of attorney attached thereto. The chief shall not
approve such bond unless there is attached a certificate of the 2,900
superintendent of insurance that the company is authorized to 2,901
transact a fidelity and surety business in this state. All bonds 2,902
shall be given in a form to be prescribed by the chief. 2,903
(C) If a registered transporter is found liable for a 2,905
violation of section 1509.22, 1509.222, or 1509.223 of the 2,906
Revised Code or a rule, order, OR term, or condition of a 2,907
certificate involving, in any case, damage or injury to persons 2,908
65
or property, or both, the court may order the forfeiture of any 2,909
portion of the bond, cash, or other securities required by this 2,910
section in full or partial payment of damages to the person to 2,911
whom the damages are due. The treasurer of state and the chief 2,912
shall deliver the bond or any cash or other securities deposited 2,913
in lieu of bond, as specified in the court's order, to the person 2,914
to whom the damages are due; however, execution against the bond, 2,915
cash, or other securities, if necessary, is the responsibility of 2,916
the person to whom the damages are due. The chief shall not 2,917
release the bond, cash, or securities required by this section 2,918
except by court order or until two years after the date on which 2,919
a registration is terminated. 2,920
Sec. 1509.226. (A) If a board of county commissioners, a 2,929
board of township trustees, or the legislative authority of a 2,930
municipal corporation wishes to permit the surface application of 2,931
brine to roads, streets, highways, and other similar land 2,932
surfaces it owns or has the right to control for control of dust 2,933
or ice, it may adopt a resolution permitting such application as 2,934
provided in this section. If a board or legislative authority 2,935
does not adopt such a resolution, then no such surface 2,936
application of brine is permitted on such roads, streets, 2,937
highways, and other similar surfaces. If a board or legislative 2,938
authority votes on a proposed resolution to permit such surface 2,939
application of brine, but the resolution fails to receive the 2,940
affirmative vote of a majority of the board or legislative 2,941
authority, the board or legislative authority shall not adopt 2,942
such a resolution for one year following the date on which the 2,943
vote was taken. A board or legislative authority shall hold at 2,944
least one public hearing on any proposal to permit surface 2,945
application of brine under this division and may hold additional 2,946
hearings. The board or legislative authority shall publish 2,947
notice of the time and place of each such public hearing in a 2,948
newspaper of general circulation in the political subdivision at 2,949
least five days before the day on which the hearing is to be 2,950
66
held. 2,951
(B) If a board or legislative authority adopts a 2,953
resolution permitting the surface application of brine to roads, 2,954
streets, highways, and other similar land surfaces under division 2,955
(A) of this section, the board or legislative authority shall, 2,956
within thirty days after the adoption of the resolution, prepare 2,957
and submit to the chief of the division of oil and gas MINERAL 2,958
RESOURCES MANAGEMENT a copy of the resolution. Any department, 2,960
agency, or instrumentality of this state or the United States 2,961
that wishes to permit the surface application of brine to roads, 2,962
streets, highways, and other similar land surfaces it owns or has 2,963
a right to control shall prepare and submit guidelines for such 2,964
application, but need not adopt a resolution under division (A) 2,965
of this section permitting such surface application. 2,966
All resolutions and guidelines shall be subject to the 2,968
following standards: 2,969
(1) Brine shall not be applied: 2,971
(a) To a water-saturated surface; 2,973
(b) Directly to vegetation near or adjacent to surfaces 2,975
being treated; 2,976
(c) Within twelve feet of structures crossing bodies of 2,978
water or crossing drainage ditches; 2,979
(d) Between sundown and sunrise, except for ice control. 2,981
(2) The discharge of brine through the spreader bar shall 2,983
stop when the application stops;. 2,984
(3) The applicator vehicle shall be moving at least five 2,986
miles per hour at all times while the brine is being applied;. 2,987
(4) The maximum spreader bar nozzle opening shall be 2,989
three-quarters of an inch in diameter;. 2,990
(5) The maximum uniform application rate of brine shall be 2,992
three thousand gallons per mile on a twelve-foot-wide road or 2,993
three gallons per sixty square feet on unpaved lots;. 2,994
(6) The applicator vehicle discharge valve shall be closed 2,996
between the brine collection point and the specific surfaces that 2,997
67
have been approved for brine application;. 2,998
(7) Any valves that provide for tank draining other than 3,000
through the spreader bar shall be closed during the brine 3,001
application and transport;. 3,002
(8) The angle of discharge from the applicator vehicle 3,004
spreader bar shall not be greater than sixty degrees from the 3,005
perpendicular to the unpaved surface;. 3,006
(9) Only the last twenty-five per cent of an applicator 3,008
vehicle's contents shall be allowed to have a pressure greater 3,009
than atmospheric pressure; therefore, the first seventy-five per 3,010
cent of the applicator vehicle's contents shall be discharged 3,011
under atmospheric pressure. 3,012
If a resolution or guidelines contain only the standards 3,014
listed in division (B)(1) to (9) of this section, without 3,015
addition or qualification, the resolution or guildelines 3,016
GUIDELINES shall be deemed effective when submitted to the chief 3,017
without further action by the chief. All other resolutions and 3,018
guidelines shall comply with and be no less stringent than this 3,019
chapter, rules concerning surface application that the chief 3,020
shall adopt under division (C) of section 1509.22 of the Revised 3,021
Code, and other rules of the chief. Within fifteen days after 3,022
receiving such other resolutions and guidelines, the chief shall 3,023
review them for compliance with the law and rules and disapprove 3,024
them if they do not comply. 3,025
The board, legislative authority, or department, agency, or 3,027
instrumentality may revise and resubmit any resolutions or 3,028
guidelines that the chief disapproves after each disapproval, and 3,029
the chief shall again review and approve or disapprove them 3,030
within fifteen days after receiving them. The board, legislative 3,031
authority, or department, agency, or instrumentality may amend 3,032
any resolutions or guidelines previously approved by the chief 3,033
and submit them, as amended, to the chief. The chief shall 3,034
receive, review, and approve or disapprove the amended 3,035
resolutions or guidelines on the same basis and in the same time 3,036
68
as original resolutions or guidelines. The board, legislative 3,037
authority, or department, agency, or instrumentality shall not 3,038
implement amended resolutions or guidelines until they are 3,039
approved by the chief under this division. 3,040
(C) Any person, other than a political subdivision 3,042
required to adopt a resolution under division (A) of this section 3,043
or a department, agency, or instrumentality of this state or the 3,044
United States, who owns or has a legal right or obligation to 3,045
maintain a road, street, highway, or other similar land surface 3,046
may file with the board of county commissioners a written plan 3,047
for the application of brine to the road, street, highway, or 3,048
other surface. The board need not approve any such plans, but if 3,049
it approves a plan, the plan shall comply with this chapter, 3,050
rules adopted thereunder, and the board's resolutions, if any. 3,051
Disapproved plans may be revised and resubmitted for the board's 3,052
approval. Approved plans may also be revised and submitted to 3,053
the board. A plan or revised plan shall DO ALL OF THE FOLLOWING: 3,054
(1) Identify the sources of brine to be used under the 3,056
plan; 3,057
(2) Identify by name, address, and registration 3,059
certificate, if applicable, any transporters of the brine; 3,060
(3) Specifically identify the places to which the brine 3,062
will be applied; and 3,063
(4) Specifically describe the method, rate, and frequency 3,065
of application. 3,066
(D) The board may attach terms and conditions to approval 3,068
of a plan, or revised plan, and may revoke approval for any 3,069
violation of this chapter, rules adopted thereunder, resolutions 3,070
adopted by the board, or terms or conditions attached by the 3,071
board. The board shall conduct at least one public hearing 3,072
before approving a plan or revised plan, publishing notice of the 3,073
time and place of each such public hearing in a newspaper of 3,074
general circulation in the county at least five days before the 3,075
day on which the hearing is to be held. The board shall record 3,076
69
the filings of all plans and revised plans in its journal. The 3,077
board shall approve, disapprove, or revoke approval of a plan or 3,078
revised plan by the adoption of a resolution. Upon approval of a 3,079
plan or revised plan, the board shall send a copy of the plan to 3,080
the chief. Upon revoking approval of a plan or revised plan, the 3,081
board shall notify the chief of the revocation. 3,082
(E) No person shall: 3,084
(1) Apply brine to a water-saturated surface; 3,086
(2) Apply brine directly to vegetation adjacent to the 3,088
surface of roads, streets, highways, and other surfaces to which 3,089
brine may be applied. 3,090
(F) Each political subdivision that adopts a resolution 3,092
under divisions (A) and (B) of this section, each department, 3,093
agency, or instrumentality of this state or the United States 3,094
that submits guidelines under division (B) of this section, and 3,095
each person who files a plan under divisions (C) and (D) of this 3,096
section shall, on or before the fifteenth day of April of each 3,097
year, file a report with the chief concerning brine applied 3,098
within his THE PERSON'S or its GOVERNMENTAL ENTITY'S 3,100
jurisdiction, including the quantities transported and the
sources and application points during the last preceding calendar 3,101
year and such other information in such form as the chief 3,102
requires.
(G) Any political subdivision or department, agency, or 3,104
instrumentality of this state or the United States that applies 3,105
brine under this section may do so with its own personnel, 3,106
vehicles, and equipment without registration under or compliance 3,107
with section 1509.222 or 1509.223 of the Revised Code and without 3,108
the necessity for filing the surety bond or other security 3,109
required by section 1509.225 of the Revised Code. However, each 3,110
such entity shall legibly identify vehicles used to apply brine 3,111
with reflective paint in letters no less than four inches in 3,112
height, indicating the word "brine" and that the vehicle is a 3,113
vehicle of the political subdivision, department, agency, or 3,114
70
instrumentality. Except as stated in this division, such 3,115
entities shall transport brine in accordance with sections 3,116
1509.22 to 1509.226 of the Revised Code. 3,117
(H) A surface application plan filed for approval under 3,119
division (C) of this section shall be accompanied by a 3,120
nonrefundable fee of fifty dollars, which shall be credited to 3,121
the general fund of the county. An approved plan is valid for 3,122
one year from the date of its approval unless it is revoked 3,123
before that time. An approved revised plan is valid for the 3,124
remainder of the term of the plan it supersedes unless it is 3,125
revoked before that time. Any person who has filed such a plan 3,126
or revised plan and had it approved may renew it by refiling it 3,127
in accordance with divisions (C) and (D) of this section within 3,128
thirty days before any anniversary of the date on which the 3,129
original plan was approved. The board shall notify the chief of 3,130
renewals and nonrenewals of plans. Even if a renewed plan is 3,131
approved under those divisions, the plan is not effective until 3,132
notice is received by the chief, and until notice is received, 3,133
the chief shall enforce this chapter and rules adopted thereunder 3,134
with regard to the affected roads, streets, highways, and other 3,135
similar land surfaces as if the plan had not been renewed. 3,136
(I) A resolution adopted under division (A) of this 3,138
section by a board or legislative authority shall be effective 3,139
for one year following the date of its adoption and from month to 3,140
month thereafter until the board or legislative authority, by 3,141
resolution, terminates the authority granted in the original 3,142
resolution. The termination shall be effective not less than 3,143
seven days after enactment of the resolution, and a copy of the 3,144
resolution shall be sent to the chief. 3,145
(J) As used in this section, "board of county 3,147
commissioners" includes any other county legislative authority 3,148
established by law. 3,149
Sec. 1509.23. Rules of the chief of the division of oil 3,158
and gas MINERAL RESOURCES MANAGEMENT may specify practices to be 3,160
71
followed in the drilling of wells and production of oil and gas 3,161
for protection of public health or safety or to prevent damage to
natural resources, including specification of devices, minimum 3,162
distances that wells and other excavations, structures, and 3,163
equipment shall be located from water wells, streets, roads, 3,164
highways, railroad tracks, and buildings, other methods of 3,165
operation, and procedures, methods, and equipment and other
requirements for equipment to prevent and contain discharges of 3,166
oil from oil production facilities and oil drilling and workover 3,167
facilities consistent with and equivalent in scope, content, and 3,168
coverage to section 311(j)(1)(c) of the "Federal Water Pollution 3,169
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, 3,170
as amended, and regulations adopted under it.
Sec. 1509.24. The chief of the division of oil and gas 3,179
MINERAL RESOURCES MANAGEMENT, with the approval of the technical 3,181
advisory council on oil and gas created in section 1509.38 of the 3,182
Revised Code, may adopt, amend, modify, or rescind rules relative 3,183
to minimum acreage requirements for drilling units and minimum 3,184
distances from which a new well may be drilled or an existing 3,185
well deepened, plugged back, or reopened to a source of supply 3,186
different from the existing pool from boundaries of tracts, 3,187
drilling units, and other wells for the purpose of conserving oil 3,188
and gas reserves. Rules made pursuant to ADOPTED UNDER this 3,189
section and special orders made under section 1509.25 of the 3,191
Revised Code shall apply only to new wells to be drilled or 3,192
existing wells to be deepened, plugged back, or reopened to a 3,193
source of supply different from the existing pool for the purpose 3,194
of extracting oil or gas in their natural state.
Sec. 1509.25. The chief of the division of oil and gas 3,203
MINERAL RESOURCES MANAGEMENT, upon his THE CHIEF'S own motion or 3,205
upon application of an owner, may hold a hearing to consider the 3,207
need or desirability of adopting a special order for drilling 3,208
unit requirements in a particular pool different from those 3,209
established under section 1509.24 of the Revised Code. The chief 3,210
72
shall notify every owner of land within the area proposed to be 3,211
included within the order, of the date, time, and place of the 3,212
hearing and the nature of the order being considered at least 3,213
thirty days prior to the date of THE hearing. Each application 3,214
for such an order shall be accompanied by such information as the 3,215
chief may request. If the chief finds that the pool can be 3,216
defined with reasonable certainty, that the pool is in the 3,217
initial state of development, and that the establishment of such 3,218
different requirements for drilling a well on a tract or drilling 3,219
unit in such pool is reasonably necessary to protect correlative 3,220
rights or to provide effective development, use, or conservation 3,221
of oil and gas, the chief, with the written approval of the 3,222
technical advisory council on oil and gas created in section 3,223
1509.38 of the Revised Code, shall make a special order 3,224
designating the area covered by the order, and specifying the 3,225
acreage requirements for drilling a well on a tract or drilling 3,226
unit in such area, which acreage requirements shall be uniform 3,227
for the entire pool. The order shall specify minimum distances 3,228
from the boundary of the tract or drilling unit for the drilling 3,229
of wells and minimum distances from other wells and allow 3,230
exceptions for wells drilled or drilling in a particular pool at 3,231
the time of the filing of the application. The chief may exempt 3,232
the discovery well from minimum acreage and distance requirements 3,233
in the order. After the date of the notice for a hearing called 3,234
to make such order, no additional well shall be commenced in the 3,235
pool for a period of sixty days or until an order has been made 3,236
pursuant to the application, whichever is earlier. The chief, 3,237
upon his THE CHIEF'S own motion or upon application of an owner, 3,239
after A hearing and with the approval of the technical advisory 3,240
council on oil and gas may include additional lands determined to 3,241
be underlaid by a particular pool or to exclude lands determined 3,242
not to be underlaid by a particular pool, and may modify the 3,243
spacing and acreage requirements of the order.
Nothing in this section shall permit PERMITS the chief to 3,245
73
establish drilling units in a pool by requiring the use of a 3,247
survey grid coordinate system with fixed or established unit 3,248
boundaries.
Sec. 1509.26. The owners of adjoining tracts may agree to 3,257
pool such tracts to form a drilling unit which THAT conforms to 3,258
the minimum acreage and distance requirements of the division of 3,260
oil and gas MINERAL RESOURCES MANAGEMENT under section 1509.24 or 3,261
1509.25 of the Revised Code. Such agreement shall be in writing, 3,262
a copy of which shall be submitted to the division of oil and gas 3,263
with the application for permit required by section 1509.05 of 3,265
the Revised Code. Parties to the agreement shall designate one 3,266
of their number as the applicant for such permit. 3,267
Sec. 1509.27. If a tract of land is of insufficient size 3,276
or shape to meet the requirements for drilling a well thereon as 3,277
provided in section 1509.24 or 1509.25 of the Revised Code, 3,278
whichever is applicable, and the owner has been unable to form a 3,279
drilling unit under agreement AS provided in section 1509.26 of 3,280
the Revised Code, on a just and equitable basis, the owner of 3,281
such tract may make application to the division of oil and gas 3,282
MINERAL RESOURCES MANAGEMENT for a mandatory pooling order. 3,283
Such application shall include such data and information as 3,285
shall be reasonably required by the chief of the division of oil 3,286
and gas MINERAL RESOURCES MANAGEMENT and shall be accompanied by 3,287
an application for A permit as required by section 1509.05 of the 3,289
Revised Code. The chief shall notify all owners of land within 3,290
the area proposed to be included within the order of the filing 3,291
of such application and of their right to a hearing if requested. 3,292
After the hearing or after the expiration of thirty days from the 3,293
date notice of application was mailed to such owners, the chief, 3,294
if satisfied that the application is proper in form and that 3,295
mandatory pooling is necessary to protect correlative rights or 3,296
to provide effective development, use, or conservation of oil and 3,297
gas, shall issue a drilling permit and a mandatory pooling order 3,298
complying with the requirements for drilling a well as provided 3,299
74
in section 1509.24 or 1509.25 of the Revised Code, whichever is 3,300
applicable, which shall: 3,301
(A) Designate the boundaries of the drilling unit within 3,303
which the well shall be drilled; 3,304
(B) Designate the proposed drilling site; 3,306
(C) Describe each separately owned tract or part thereof 3,308
pooled by the order; 3,309
(D) Allocate on a surface acreage basis a pro rata portion 3,311
of the production to the owner of each tract; 3,312
(E) Specify the basis upon which each owner shall share 3,314
all reasonable costs and expenses of drilling and producing; 3,315
(F) Designate the person to whom the permit shall be 3,317
issued. 3,318
If an owner does not elect to participate in the risk and 3,320
cost of the drilling and operation, or operation, of a well, he 3,321
THE OWNER may elect to be a nonparticipating owner in the 3,322
drilling and operation, or operation, of the well, on a limited 3,323
or carried basis upon terms and conditions determined by the 3,324
chief to be just and reasonable. If one or more of the 3,325
participating owners bear the costs of drilling, equipping, or 3,326
operating a well for the benefit of a nonparticipating owner, as 3,327
provided for in the pooling order, then such participating owner 3,328
or owners shall be entitled to the share of production from the 3,329
drilling unit accruing to the interest of such nonparticipating 3,330
owner, exclusive of the royalty interest if the fee holder has 3,331
leased his THE FEE HOLDER'S land to others, otherwise, one-eighth 3,332
of his THE FEE HOLDER'S share of the production, until there has 3,334
been received the share of costs charged to such nonparticipating 3,335
owner plus such additional percentage of said THE share of costs 3,336
as the chief shall determine. The total amount receivable 3,338
hereunder shall in no event exceed double the share of costs 3,339
charged to such nonparticipating owner.
If there is a dispute as to costs of drilling, equipping, 3,341
or operating a well, the chief shall determine such costs. 3,342
75
In instances where a well is completed prior to the pooling 3,344
of interests in a drilling unit under this section, the sharing 3,345
of production and adjustment of the original costs of drilling, 3,346
equipping, and completing the well shall be from the effective 3,347
date of the mandatory pooling order. 3,348
From and after the date of a pooling order, all operation, 3,350
including the commencement of drilling or the operating of or 3,351
production from a well upon any tract or portion of the drilling 3,352
unit, shall be deemed for all purposes the conduct of such 3,353
operations upon and production from any lease or contract for 3,354
lands any portion of which is included in the drilling unit. 3,355
Sec. 1509.28. (A) The chief of the division of oil and 3,364
gas MINERAL RESOURCES MANAGEMENT, upon his THE CHIEF'S own motion 3,366
or upon application by the owners of sixty-five per cent of the 3,368
land area overlying the pool, shall hold a hearing to consider 3,369
the need for the operation as a unit of an entire pool or part 3,370
thereof. An application by owners shall be accompanied by such 3,371
information as the chief may request. 3,372
The chief shall make an order providing for the unit 3,374
operation of a pool or part thereof if he THE CHIEF finds that 3,375
such operation is reasonably necessary to increase substantially 3,376
the ultimate recovery of oil and gas, and the value of the 3,377
estimated additional recovery of oil or gas exceeds the estimated 3,378
additional cost incident to conducting such operation. The order 3,379
shall be upon terms and conditions that are just and reasonable 3,380
and shall prescribe a plan for unit operations that shall 3,381
include: 3,382
(1) A description of the unitized area, termed the unit 3,384
area; 3,385
(2) A statement of the nature of the operations 3,387
contemplated; 3,388
(3) An allocation to the separately owned tracts in the 3,390
unit area of all the oil and gas that is produced from the unit 3,391
area and is saved, being the production that is not used in the 3,392
76
conduct of operations on the unit area or not unavoidably lost. 3,393
The allocation shall be in accord with the agreement, if any, of 3,394
the interested parties. If there is no such agreement, the chief 3,395
shall determine the value, from the evidence introduced at the 3,396
hearing, of each separately owned tract in the unit area, 3,397
exclusive of physical equipment, for development of oil and gas 3,398
by unit operations, and the production allocated to each tract 3,399
shall be the proportion that the value of each tract so 3,400
determined bears to the value of all tracts in the unit area. 3,401
(4) A provision for the credits and charges to be made in 3,403
the adjustment among the owners in the unit area for their 3,404
respective investments in wells, tanks, pumps, machinery, 3,405
materials, and equipment contributed to the unit operations; 3,406
(5) A provision providing how the expenses of unit 3,408
operations, including capital investment, shall be determined and 3,409
charged to the separately owned tracts and how said THE expenses 3,410
shall be paid; 3,411
(6) A provision, if necessary, for carrying or otherwise 3,413
financing any person who is unable to meet his THE PERSON'S 3,414
financial obligations in connection with the unit, allowing a 3,415
reasonable interest charge for such service; 3,416
(7) A provision for the supervision and conduct of the 3,418
unit operations, in respect to which each person shall have a 3,419
vote with a value corresponding to the percentage of the expenses 3,420
of unit operations chargeable against the interest of such 3,421
person; 3,422
(8) The time when the unit operations shall commence, and 3,424
the manner in which, and the circumstances under which, the unit 3,425
operations shall terminate; 3,426
(9) Such additional provisions as are found to be 3,428
appropriate for carrying on the unit operations, and for the 3,429
protection or adjustment of correlative rights. 3,430
(B) No order of the chief providing for unit operations 3,432
shall become effective unless and until the plan for unit 3,433
77
operations prescribed by the chief has been approved in writing 3,434
by those owners who, under the chief's order, will be required to 3,435
pay at least sixty-five per cent of the costs of the unit 3,436
operation, and also by the royalty or, with respect to unleased 3,437
acreage, fee owners of sixty-five per cent of the acreage to be 3,438
included in the unit. If the plan for unit operations has not 3,439
been so approved by owners and royalty owners at the time the 3,440
order providing for unit operations is made, the chief shall upon 3,441
application and notice hold such supplemental hearings as may be 3,442
required to determine if and when the plan for unit operations 3,443
has been so approved. If the owners and royalty owners, or 3,444
either, owning the required percentage of interest in the unit 3,445
area do not approve the plan for unit operations within a period 3,446
of six months from the date on which the order providing for unit 3,447
operations is made, such order shall cease to be of force and 3,448
shall be revoked by the chief. 3,449
An order providing for unit operations may be amended by an 3,451
order made by the chief, in the same manner and subject to the 3,452
same conditions as an original order providing for unit 3,453
operations, provided THAT: 3,454
(1) If such an amendment affects only the rights and 3,456
interests of the owners, the approval of the amendment by the 3,457
royalty owners shall not be required. 3,458
(2) No such order of amendment shall change the percentage 3,460
for allocation of oil and gas as established for any separately 3,461
owned tract by the original order, except with the consent of all 3,462
persons owning interest in such tract. 3,463
The chief, by an order, may provide for the unit operation 3,465
of a pool or a part thereof that embraces a unit area established 3,466
by a previous order of the chief. Such order, in providing for 3,467
the allocation of unit production, shall first treat the unit 3,468
area previously established as a single tract, and the portion of 3,469
the unit production so allocated thereto shall then be allocated 3,470
among the separately owned tracts included in such previously 3,471
78
established unit area in the same proportions as those specified 3,472
in the previous order. 3,473
Oil and gas allocated to a separately owned tract shall be 3,475
deemed, for all purposes, to have been actually produced from 3,476
such tract, and all operations, including, but not limited to, 3,477
the commencement, drilling, operation of, or production from a 3,478
well upon any portion of the unit area shall be deemed for all 3,479
purposes the conduct of such operations and production from any 3,480
lease or contract for lands any portion of which is included in 3,481
the unit area. The operations conducted pursuant to the order of 3,482
the chief shall constitute a fulfillment of all the express or 3,483
implied obligations of each lease or contract covering lands in 3,484
the unit area to the extent that compliance with such obligations 3,485
cannot be had because of the order of the chief. 3,486
Oil and gas allocated to any tract, and the proceeds from 3,488
the sale thereof, shall be the property and income of the several 3,489
persons to whom, or to whose credit, the same are allocated or 3,490
payable under the order providing for unit operations. 3,491
No order of the chief or other contract relating to the 3,493
sale or purchase of production from a separately owned tract 3,494
shall be terminated by the order providing for unit operations, 3,495
but shall remain in force and apply to oil and gas allocated to 3,496
such tract until terminated in accordance with the provisions 3,497
thereof. 3,498
Except to the extent that the parties affected so agree, no 3,500
order providing for unit operations shall be construed to result 3,501
in a transfer of all or any part of the title of any person to 3,502
the oil and gas rights in any tract in the unit area. All 3,503
property, whether real or personal, that may be acquired for the 3,504
account of the owners within the unit area shall be the property 3,505
of such owners in the proportion that the expenses of unit 3,506
operations are charged. 3,507
Sec. 1509.29. Upon application by an owner of a tract for 3,516
which a drilling permit may not be issued, and a showing by him 3,517
79
THE OWNER that he THE OWNER is unable to enter a voluntary 3,518
pooling agreement and that he THE OWNER would be unable to 3,519
participate under a mandatory pooling order, the chief of the 3,521
division of oil and gas MINERAL RESOURCES MANAGEMENT shall issue 3,522
a permit and order establishing the tract as an exception tract 3,523
if the chief finds that such owner would otherwise be precluded 3,524
from producing oil or gas from his THE OWNER'S tract because of 3,525
minimum acreage or distance requirements. The order shall set a 3,526
percentage of the maximum daily potential production at which the 3,527
well may be produced. The percentage shall be the same as the 3,528
percentage that the number of acres in the tract bears to the 3,529
number of acres in the minimum acreage requirement which THAT has 3,530
been established under section 1509.24 or 1509.25 of the Revised 3,531
Code, whichever is applicable, but if the well drilled on such 3,532
tract is located nearer to the boundary of the tract than the 3,533
required minimum distance, the percentage may not exceed the 3,534
percentage determined by dividing the distance from the well to 3,535
the boundary by the minimum distance requirement. Within ten 3,536
days after completion of the well, the maximum daily potential 3,537
production of the well shall be determined by such drill stem, 3,538
open flow, or other tests as may be required by the chief. The 3,539
chief shall require such tests, at least once every three months, 3,540
as are necessary to determine the maximum daily potential 3,541
production at that time. 3,542
Sec. 1509.31. Whenever the entire interest of an oil and 3,551
gas lease is assigned or otherwise transferred, the assignor or 3,552
transferor shall notify the holders of the royalty interests, 3,553
and, if a well or wells exist on the lease, the division of oil 3,554
and gas MINERAL RESOURCES MANAGEMENT, of the name and address of 3,555
the assignee or transferee by certified mail, return receipt 3,557
requested, not later than thirty days after the date of the 3,558
assignment or transfer. When notice of any such assignment or 3,559
transfer is required to be provided to the division, it shall be 3,560
provided on a form prescribed and provided by the division and 3,561
80
verified by both the assignor or transferor and by the assignee 3,562
or transferee. The notice form applicable to assignments or 3,563
transfers of a well to the owner of the surface estate of the 3,564
tract on which the well is located shall contain a statement 3,565
informing the landowner that the well may require periodic 3,566
servicing to maintain its productivity; that, upon assignment or 3,567
transfer of the well to the landowner, the landowner becomes 3,568
responsible for compliance with the requirements of this chapter 3,569
and rules adopted under it, including, without limitation, the 3,570
proper disposal of brine obtained from the well, the plugging of 3,571
the well when it becomes incapable of producing oil or gas, and 3,572
the restoration of the well site; and that, upon assignment or 3,573
transfer of the well to the landowner, the landowner becomes 3,574
responsible for the costs of compliance with the requirements of 3,575
this chapter and rules adopted under it and the costs for 3,576
operating and servicing the well. 3,577
The owner holding a permit under section 1509.05 of the 3,579
Revised Code is responsible for all obligations and liabilities 3,580
imposed by this chapter and any rules, orders, and terms and 3,581
conditions of a permit adopted or issued under it, and no 3,583
assignment or transfer by the owner relieves the owner of the 3,584
obligations and liabilities until and unless the assignee or 3,585
transferee files with the division the information described in 3,586
divisions (A), (B), (C), (D), (E), (I), (J), (K), and (L) of 3,588
section 1509.06 of the Revised Code; obtains liability insurance 3,589
coverage required by section 1509.07 of the Revised Code, except 3,591
when none is required by that section; and executes and files a 3,592
surety bond, negotiable certificates of deposit or irrevocable 3,593
letters of credit, or cash, as described in that section. 3,594
Instead of a bond, but only upon acceptance by the chief OF THE 3,595
DIVISION OF MINERAL RESOURCES MANAGEMENT, the assignee or 3,597
transferee may file proof of financial responsibility, described 3,598
in section 1509.07 of the Revised Code. Section 1509.071 of the 3,599
Revised Code applies to the surety bond, cash, and negotiable 3,600
81
certificates of deposit and irrevocable letters of credit 3,601
described in this section. Unless the chief approves a 3,602
modification, each assignee or transferee shall operate in 3,603
accordance with the plans and information filed by the permit 3,604
holder pursuant to section 1509.06 of the Revised Code. 3,605
Sec. 1509.32. Any person adversely affected may file with 3,614
the chief of the division of oil and gas MINERAL RESOURCES 3,615
MANAGEMENT a written complaint alleging failure to restore 3,617
disturbed land surfaces in violation of section 1509.072 or 3,618
1509.22 of the Revised Code or a rule adopted thereunder. 3,619
Upon receipt of a complaint, the chief shall cause an 3,621
investigation to be made of the lands where the alleged violation 3,622
has occurred and send copies of the investigation report to the 3,623
person who filed the complaint and to the owner. Upon finding a 3,624
violation the chief shall order the owner to eliminate the 3,625
violation within a specified time. If the owner fails to 3,626
eliminate the violation within the time specified, the chief may 3,627
request the prosecuting attorney of the county in which the 3,628
violation occurs or the attorney general to bring appropriate 3,629
action to secure compliance with such sections. If the chief 3,630
fails to bring an appropriate action to secure compliance with 3,631
such sections within twenty days after the time specified, the 3,632
person filing the complaint may request the prosecuting attorney 3,633
of the county in which the violation occurs to bring an 3,634
appropriate action to secure compliance with such sections. The 3,635
division of oil and gas MINERAL RESOURCES MANAGEMENT may 3,636
cooperate with any state or local agency to provide technical 3,638
advice or minimum standards for the restoration of various soils 3,639
and land surfaces or to assist in any investigation. 3,640
Sec. 1509.33. (A) Whoever violates sections 1509.01 to 3,649
1509.31 of the Revised Code, or any rules adopted or orders or 3,650
terms or conditions of a permit or registration certificate 3,651
issued pursuant to these sections for which no specific penalty 3,652
is provided in this section, shall pay a civil penalty of not 3,653
82
more than four thousand dollars for each offense. 3,654
(B) Whoever violates section 1509.221 of the Revised Code 3,656
or any rules adopted or orders or terms or conditions of a permit 3,657
issued thereunder shall pay a civil penalty of not more than two 3,658
thousand five hundred dollars for each violation. 3,659
(C) Whoever violates division (D) of section 1509.22 or 3,661
division (A)(1) of section 1509.222 of the Revised Code shall pay 3,662
a civil penalty of not less than two thousand five hundred 3,663
dollars nor more than twenty thousand dollars for each violation. 3,664
(D) Whoever violates division (A) of section 1509.22 of 3,666
the Revised Code shall pay a civil penalty of not less than two 3,667
thousand five hundred dollars nor more than ten thousand dollars 3,668
for each violation. 3,669
(E) Whoever violates division (A) of section 1509.223 of 3,671
the Revised Code shall pay a civil penalty of not more than ten 3,672
thousand dollars for each violation. 3,673
(F) Whoever violates section 1509.072 of the Revised Code 3,675
or any rules adopted or orders issued to administer, implement, 3,676
or enforce that section shall pay a civil penalty of not more 3,677
than five thousand dollars for each violation. 3,678
(G) In addition to any other penalties provided in this 3,680
chapter, whoever violates division (B) of section 1509.22, OR 3,681
division (A)(1) of section 1509.222, or knowingly violates 3,682
division (A) of section 1509.223 of the Revised Code is liable 3,683
for any damage or injury caused by the violation and for the cost 3,684
of rectifying the violation and conditions caused by the 3,685
violation. If two or more persons knowingly violate one or more 3,686
of such divisions in connection with the same event, activity, or 3,687
transaction, they are jointly and severally liable under this 3,688
division. As used in this division, "knowingly" has the same 3,689
meaning as in section 2901.22 of the Revised Code. 3,690
(H) The attorney general, upon the request of the chief of 3,692
the division of oil and gas MINERAL RESOURCES MANAGEMENT, shall 3,693
commence an action under this section against any person who 3,695
83
violates sections 1509.01 to 1509.31 of the Revised Code, or any 3,696
rules adopted or orders or terms or conditions of a permit or 3,697
registration certificate issued pursuant to these sections. Any 3,698
action under this section is a civil action, governed by the 3,699
Rules of Civil Procedure and other rules of practice and 3,700
procedure applicable to civil actions. The remedy provided in 3,701
this division is cumulative and concurrent with any other remedy 3,702
provided in this chapter, and the existence or exercise of one 3,703
remedy does not prevent the exercise of any other, except that no 3,704
person shall be subject to both a civil penalty under division 3,705
(A), (B), (C), or (D) of this section and a criminal penalty 3,706
under section 1509.99 of the Revised Code for the same offense. 3,707
Sec. 1509.36. Any person claiming to be aggrieved or 3,716
adversely affected by an order by the chief of the division of 3,717
oil and gas MINERAL RESOURCES MANAGEMENT may appeal to the oil 3,718
and gas commission for an order vacating or modifying such order. 3,720
The person so appealing to the board COMMISSION shall be 3,722
known as appellant and the chief shall be known as appellee. 3,724
Appellant and appellee shall be deemed to be parties to the 3,725
appeal.
The appeal shall be in writing and shall set forth the 3,727
order complained of and the grounds upon which the appeal is 3,728
based. The appeal shall be filed with the commission within 3,730
thirty days after the date upon which appellant received notice 3,731
by registered mail of the making of the order complained of. 3,732
Notice of the filing of the appeal shall be filed with the chief 3,733
within three days after the appeal is filed with the commission. 3,735
Upon the filing of the appeal the commission promptly shall 3,738
fix the time and place at which the hearing on the appeal will be 3,739
held, and shall give the appellant and the chief at least ten 3,740
days' written notice thereof by mail. The commission may 3,741
postpone or continue any hearing upon its own motion or upon 3,743
application of appellant or of the chief. 3,744
The filing of an appeal provided for in this section does 3,746
84
not automatically suspend or stay execution of the order appealed 3,747
from, but upon application by the appellant the commission may 3,749
suspend or stay such execution pending determination of the
appeal upon such terms as the commission considers proper. 3,750
Either party to the appeal or any interested person who, 3,752
pursuant to board COMMISSION rules has been granted permission to 3,754
appear, may submit such evidence as the commission considers 3,755
admissible.
For the purpose of conducting a hearing on an appeal, the 3,757
commission may require the attendance of witnesses and the 3,758
production of books, records, and papers, and it may, and at the 3,759
request of any party it shall, issue subpoenas for witnesses or 3,760
subpoenas duces tecum to compel the production of any books, 3,761
records, or papers, directed to the sheriff SHERIFFS of the 3,762
counties where such witnesses are found. The subpoenas shall be 3,764
served and returned in the same manner as subpoenas in criminal 3,766
cases are served and returned. The fees and mileage of sheriffs 3,767
and witnesses shall be the same as those allowed by the court of 3,768
common pleas in criminal cases. Such fees and mileage expenses 3,769
incurred at the request of appellant shall be paid in advance by 3,770
the appellant, and the remainder of such expenses shall be paid 3,771
out of funds appropriated for the expenses of the division of oil 3,772
and gas MINERAL RESOURCES MANAGEMENT. 3,773
In case of disobedience or neglect of any subpoena served 3,775
on any person, or the refusal of any witness to testify to any 3,776
matter regarding which the witness may be lawfully interrogated, 3,778
the court of common pleas of the county in which such 3,779
disobedience, neglect, or refusal occurs, or any judge thereof, 3,780
on application of the commission or any member thereof, shall 3,781
compel obedience by attachment proceedings for contempt as in the 3,783
case of disobedience of the requirements of a subpoena issued 3,784
from such court or a refusal to testify therein. Witnesses at 3,785
such hearings shall testify under oath, and any member of the 3,786
commission may administer oaths or affirmations to persons who so 3,788
85
testify.
At the request of any party to the appeal, a stenographic 3,790
record of the testimony and other evidence submitted shall be 3,791
taken by an official court shorthand reporter at the expense of 3,792
the party making the request therefor. Such record shall include 3,793
all of the testimony and other evidence and the rulings on the 3,794
admissibility thereof presented at the hearing. The commission 3,796
shall pass upon the admissibility of evidence, but any party may 3,797
at the time object to the admission of any evidence and except to 3,798
the rulings of the commission thereon, and if the commission 3,800
refuses to admit evidence the party offering same may make a 3,801
proffer thereof, and such proffer shall be made a part of the 3,802
record of such hearing.
If upon completion of the hearing the commission finds that 3,805
the order appealed from was lawful and reasonable, it shall make
a written order affirming the order appealed from; if the 3,806
commission finds that the order was unreasonable or unlawful, it 3,808
shall make a written order vacating the order appealed from and 3,809
making the order which THAT it finds the chief should have made. 3,810
Every order made by the commission shall contain a written 3,812
finding by the commission of the facts upon which the order is 3,814
based.
Notice of the making of the order shall be given forthwith 3,816
to each party to the appeal by mailing a certified copy thereof 3,817
to each such party by certified mail. 3,818
The order of the commission is final unless vacated by the 3,820
court of common pleas of Franklin county in an appeal as provided 3,822
for in section 1509.37 of the Revised Code. Sections 1509.01 to 3,823
1509.37 of the Revised Code, providing for appeals relating to 3,825
orders by the chief or by the commission, or relating to rules 3,826
adopted and promulgated by the chief, do not constitute the 3,827
exclusive procedure which THAT any person who believes the 3,829
person's rights to be unlawfully affected by those sections or 3,830
any official action taken thereunder must pursue in order to 3,831
86
protect and preserve those rights, nor do those sections 3,832
constitute A procedure which THAT that person must pursue before 3,834
that person may lawfully appeal to the courts to protect and 3,835
preserve those rights. 3,836
Sec. 1509.38. There is hereby created in the division of 3,845
oil and gas MINERAL RESOURCES MANAGEMENT a technical advisory 3,847
council on oil and gas, which shall consist of eight members to 3,848
be appointed by the governor with the advice and consent of the
senate. Three members shall be independent oil or gas producers, 3,849
operators, or their representatives, operating and producing 3,850
primarily in this state, three members shall be oil or gas 3,851
producers, operators, or their representatives having substantial 3,852
oil and gas producing operations in this state and at least one 3,853
other state, one member shall represent the public, and one 3,854
member shall represent persons having landowners' royalty
interests in oil and gas production. All members shall be 3,855
residents of this state, and all members, except the members 3,856
representing the public and persons having landowners' royalty 3,857
interests, shall have at least five years of practical or
technical experience in oil or gas drilling and production. Not 3,858
more than one member may represent any one company, producer, or 3,859
operator.
Terms of office shall be for three years, commencing on the 3,861
first day of February and ending on the thirty-first day of 3,862
January. Each member shall hold office from the date of 3,863
appointment until the end of the term for which the member was 3,864
appointed. A vacancy in the office of a member shall be filled
by the governor, with the advice and consent of the senate. Any 3,865
member appointed to fill a vacancy occurring prior to the 3,866
expiration of the term for which the member's predecessor was 3,867
appointed shall hold office for the remainder of that term. Any 3,868
member shall continue in office subsequent to the expiration date 3,869
of the member's term until the member's successor takes office, 3,870
or until a period of sixty days has elapsed, whichever occurs
87
first. 3,871
The council shall select from among its members a 3,873
chairperson, a vice-chairperson, and a secretary. All members 3,874
are entitled to their actual and necessary expenses incurred in 3,875
the performance of their duties as members, payable from the 3,876
appropriations for the division.
The governor may remove any member for inefficiency, 3,878
neglect of duty, or malfeasance in office. 3,879
The council shall hold at least one regular meeting in each 3,881
quarter of a calendar year and shall keep a record of its 3,882
proceedings. Special meetings may be called by the chairperson 3,883
and shall be called by the chairperson upon receipt of a written 3,884
request signed by two or more members of the council. A written 3,885
notice of the time and place of each meeting shall be sent to
each member of the council. Five members constitute a quorum, 3,886
and no action of the council is valid unless five members concur. 3,887
The council, when requested by the chief of the division of 3,889
oil and gas MINERAL RESOURCES MANAGEMENT, shall consult with and 3,891
advise the chief and perform other duties that may be lawfully 3,892
delegated to it by the chief. The council may participate in
hearings held by the chief under this chapter and has powers of 3,893
approval as provided in sections 1509.24 and 1509.25 of the 3,894
Revised Code. The council shall conduct the activities required, 3,895
and exercise the authority granted, under Chapter 1510. of the 3,896
Revised Code.
Sec. 1509.39. This chapter or rules adopted under it shall 3,906
not be construed to prevent any municipal corporation, county, or 3,907
township from enacting and enforcing health and safety standards 3,908
for the drilling and exploration for oil and gas, provided that 3,909
such standards are not less restrictive than this chapter or the 3,910
rules adopted thereunder by the division of oil and gas MINERAL 3,911
RESOURCES MANAGEMENT. No county or township shall adopt or 3,912
enforce any ordinances, resolutions, rules, or requirements 3,913
relative to the minimum acreage requirements for drilling units; 3,914
88
minimum distances from which a new well or related production 3,915
facilities may be drilled or an existing well deepened, plugged 3,917
back, or reopened to a source of supply different from the 3,918
existing pool from boundaries of tracts, drilling units, other 3,919
wells, streets, roads, highways, railroad tracks, and any other 3,920
structures or facilities included in section 1509.23 of the 3,921
Revised Code; or the restoration or plugging of an oil and gas
well. No county or township shall require any permit or license 3,922
for the drilling, operation, production, plugging, or abandonment 3,923
of any oil or gas well nor any fee, bond or other security, or 3,924
insurance for any activity associated with the drilling, 3,925
operation, production, plugging, or abandonment of a well, except 3,926
for the permit provided for in section 4513.34 of the Revised 3,927
Code and any bond or other security associated therewith. 3,928
Sec. 1509.40. Except as provided in section 1509.29 of the 3,937
Revised Code, no authority granted in Chapter 1509. of the 3,938
Revised Code THIS CHAPTER shall be construed as authorizing a 3,940
limitation on the amount that any well, leasehold, or field is
permitted to produce under proration orders of the division of 3,941
oil and gas MINERAL RESOURCES MANAGEMENT. 3,942
Sec. 1510.01. As used in this chapter: 3,951
(A) "First purchaser" means: 3,953
(1) With regard to crude oil, the person to whom title 3,955
first is transferred beyond the gathering tank or tanks, beyond 3,956
the facility from which the crude oil was first produced, or 3,957
both;
(2) With regard to natural gas, the person to whom title 3,959
first is transferred beyond the inlet side of the measurement 3,960
station from which the natural gas was first produced. 3,961
(B) "Independent producer" means a person who complies 3,963
with both of the following: 3,964
(1) Produces oil or natural gas and is not engaged in 3,966
refining either product; 3,967
(2) Derives a majority of income from ownership in 3,968
89
properties producing oil or natural gas. 3,969
(C) "Qualified independent producer association" means an 3,971
association that complies with all of the following: 3,972
(1) It is in existence on the effective date of this 3,974
section; DECEMBER 18, 1997. 3,975
(2) It is organized and operating within this state;. 3,977
(3) A majority of the members of its governing body are 3,979
independent producers. 3,980
(D) "Technical advisory council" or "council" means the 3,982
technical advisory council created in the division of oil and gas 3,983
MINERAL RESOURCES MANAGEMENT under section 1509.38 of the Revised 3,985
Code.
Sec. 1510.08. (A)(1) Except as provided in division 3,994
(A)(2) of this section, an operating committee may levy 3,995
assessments on the production of oil and natural gas in this 3,996
state for the purposes of a marketing program established under 3,997
this chapter.
(2) An operating committee shall not levy an assessment 3,999
that was not approved by independent producers or that exceeds 4,000
the amount authorized under division (B)(1) of section 1510.04 of 4,001
the Revised Code. An operating committee shall not levy an 4,002
assessment against an independent producer who is not eligible to
vote in a referendum for the marketing program that the operating 4,003
committee administers, as determined under division (C) of 4,004
section 1510.02 of the Revised Code. 4,005
(B) The technical advisory council may require a first 4,007
purchaser to withhold assessments from any amounts that the first 4,008
purchaser owes to independent producers and, notwithstanding 4,009
division (A)(2) of this section, to remit them to the chairperson 4,010
of the council at the office of the division of oil and gas 4,011
MINERAL RESOURCES MANAGEMENT. A first purchaser who pays an
assessment that is levied pursuant to this section for an 4,013
independent producer may deduct the amount of the assessment from 4,014
any moneys that the first purchaser owes the independent
90
producer.
(C) A marketing program shall require a refund of 4,016
assessments collected under this section after receiving an 4,017
application for a refund from an independent producer. An 4,018
application for a refund shall be made on a form furnished by the 4,019
council. The operating committee shall ensure that refund forms
are available where assessments for its program are withheld. 4,020
An independent producer who desires a refund shall submit a 4,022
request for a refund not later than the thirty-first day of March 4,023
of the year in which the request is submitted. The council shall 4,024
refund the assessment to the independent producer not later than 4,025
the thirtieth day of June of the year in which the request for 4,026
the refund is submitted.
(D) An operating committee shall not use moneys from any 4,028
assessments that it levies for any political or legislative 4,029
purpose or for preferential treatment of one person to the 4,030
detriment of another person who is affected by the marketing 4,031
program that the operating committee administers.
Sec. 1513.01. As used in this chapter: 4,040
(A) "Approximate original contour" means that surface 4,042
configuration achieved by backfilling and grading of a mined area 4,043
so that the reclaimed area, including any terracing or access 4,044
roads, closely resembles the general surface configuration of the 4,045
land prior to mining and blends into and complements the drainage 4,046
pattern of the surrounding terrain, with all highwalls and spoil 4,047
piles eliminated; water impoundments may be permitted where the 4,048
chief of the division of mines and reclamation MINERAL RESOURCES 4,049
MANAGEMENT determines that they are in compliance with division 4,052
(A)(8) of section 1513.16 of the Revised Code. 4,053
(B) "Coal mining and reclamation operations" means coal 4,055
mining operations and all activities necessary and incident to 4,056
the reclamation of such operations. 4,057
(C) "Degrees" means inclination from the horizontal. 4,059
(D) "Deposition of sediment" means placing or causing to 4,061
91
be placed in any waters of the state, in stream beds on or off 4,062
the land described in an application for a coal mining permit, or 4,063
upon other lands any organic or inorganic matter that settles or 4,064
is capable of settling to the bottom of the waters and onto the 4,065
beds or lands. 4,066
(E) "Imminent danger to the health and safety of the 4,068
public" means the existence of any condition or practice or 4,069
violation of a permit or other requirement of this chapter or 4,070
rule adopted thereunder in a coal mining and reclamation 4,072
operation, which condition, practice, or violation could 4,073
reasonably be expected to cause substantial physical harm to 4,074
persons outside the permit area before the condition, practice, 4,075
or violation can be abated. A reasonable expectation of death or 4,076
serious injury before abatement exists if a rational person 4,077
subjected to the same conditions or practices giving rise to the 4,078
peril would not expose himself or herself ONESELF to the danger 4,079
during the time necessary for abatement.
(F) "Lands eligible for remining" means those lands that 4,081
otherwise would be eligible for expenditures under division 4,082
(C)(1) of section 1513.37 of the Revised Code. 4,083
(G) "Mountain top removal" means a coal mining operation 4,085
that will remove an entire coal seam or seams running through the 4,086
upper fraction of a mountain, ridge, or hill by removing all of 4,087
the overburden and creating a level plateau with no highwalls 4,088
remaining instead of restoring to approximate original contour, 4,089
and is capable of supporting postmining uses in accord ACCORDANCE 4,091
with the requirements established by the chief of the division of 4,092
mines and reclamation.
(H) "Operation" or "coal mining operation" means: 4,094
(1) Activities conducted on the surface of lands in 4,096
connection with a coal mine, the removal of coal from coal refuse 4,097
piles, and surface impacts incident to an underground coal mine. 4,098
Such activities include excavation for the purpose of obtaining 4,099
coal, including such common methods as contour, strip, auger, 4,100
92
mountaintop removal, box cut, open pit, and area mining; the use 4,101
of explosives and blasting; in situ distillation or retorting; 4,103
leaching or other chemical or physical processing; and the 4,104
cleaning, concentrating, or other processing or preparation of 4,105
coal. Such activities also include the loading of coal at or 4,106
near the mine site. Such activities do not include any of the 4,108
following:
(a) The extraction of coal incidental to the extraction of 4,110
other minerals if the weight of coal extracted is less than 4,112
one-sixth the total weight of minerals removed, including coal; 4,113
(b) The extraction of coal as an incidental part of 4,115
federal, state, or local highway or other government-financed 4,116
construction when approved by the chief; 4,117
(c) Coal exploration subject to section 1513.072 of the 4,119
Revised Code. 4,120
(2) The areas upon which such activities occur or where 4,122
such activities disturb the natural land surface. Such areas 4,123
include any adjacent land the use of which is incidental to any 4,124
such activities, all lands affected by the construction of new 4,125
roads or the improvement or use of existing roads to gain access 4,126
to the site of such activities, and for hauling, and excavation, 4,127
workings, impoundments, dams, ventilation shafts, entryways, 4,128
refuse banks, dumps, stockpiles, overburden piles, spoil banks, 4,129
culm banks, holes or depressions, repair areas, storage areas, 4,130
processing areas, shipping areas, and other areas upon which are 4,131
sited structures, facilities, or other property or materials on 4,132
the surface, resulting from or incident to such activities. 4,134
Separation by a stream, roadway, or utility easement does not 4,136
preclude two or more contiguous tracts of land from being 4,137
considered contiguous.
(I) "Operator" means any person conducting a coal mining 4,139
operation. 4,140
(J) "Overburden" means all of the earth and other 4,142
materials, except topsoil, covering a natural deposit of coal, 4,143
93
and also means such earth and other materials after removal from 4,144
their natural state in the process of coal mining. 4,145
(K) "Permit" means a permit to conduct coal mining and 4,147
reclamation operations issued by the chief pursuant to section 4,148
1513.07 or 1513.074 of the Revised Code. 4,149
(L) "Permit area" means the area of land to be affected 4,151
indicated on the approved map submitted by the operator with the 4,152
application required by section 1513.07 or 1513.074 of the 4,153
Revised Code. 4,154
(M) "Person" has the same meaning as in section 1.59 of 4,156
the Revised Code and also includes any political subdivision, 4,157
instrumentality, or agency of this state or the United States. 4,158
(N) "Pollution" means placing any sediments, solids, or 4,160
waterborne mining related wastes, including, but not limited to, 4,161
acids, metallic cations, or their salts, in excess of amounts 4,162
prescribed by the chief into any waters of the state or affecting 4,163
the properties of any waters of the state in a manner which THAT 4,164
renders those waters harmful or inimical to the public health, or 4,165
to animal or aquatic life, or to the use of the waters for 4,166
domestic water supply, industrial or agricultural purposes, or 4,167
recreation. 4,168
(O) "Prime farmland" has the same meaning as that 4,170
previously prescribed by the secretary of the United States 4,171
department of agriculture as published in the federal register on 4,172
August 23, 1977, or subsequent revisions thereof, on the basis of 4,173
such factors as moisture availability, temperature regime, 4,174
chemical balance, permeability, surface layer composition, 4,175
susceptibility to flooding, and erosion characteristics and which 4,176
THAT historically has been used for intensive agricultural 4,177
purposes, and as published in the rules adopted pursuant to this 4,178
chapter.
(P) "Reclamation" means backfilling, grading, resoiling, 4,180
planting, and other work that has the effect of restoring an area 4,181
of land affected by coal mining so that it may be used for forest 4,182
94
growth, grazing, agricultural, recreational, and wildlife 4,183
purpose, or some other useful purpose of equal or greater value 4,184
than existed prior to any mining. 4,185
(Q) "Spoil bank" means a deposit of removed overburden. 4,187
(R) "Steep slope" means any slope above twenty degrees or 4,189
such lesser slope as may be defined by the chief of reclamation 4,190
after considering soil, climate, and other characteristics of a 4,192
region.
(S) "Strip mining" means those coal mining and reclamation 4,194
operations incident to the extraction of coal from the earth by 4,195
removing the materials over a coal seam, before recovering the 4,196
coal, by auger coal mining, or by recovery of coal from a deposit 4,197
that is not in its original geologic location. 4,198
(T) "Unwarranted failure to comply" means the failure of a 4,200
permittee to prevent the occurrence of any violation of any 4,201
requirement of this chapter due to indifference, lack of 4,203
diligence, or lack of reasonable care, or the failure to abate 4,204
any violation of the permit or this chapter due to indifference, 4,205
lack of diligence, or lack of reasonable care. 4,206
(U) "Waters of the state" means all streams, lakes, ponds, 4,208
marshes, watercourses, waterways, wells, springs, irrigation 4,209
systems, drainage systems, and other bodies or accumulations of 4,211
water, surface or underground, natural or artificial, regardless 4,212
of the depth of the strata in which underground water is located, 4,213
which THAT are situated wholly or partly within, or border upon, 4,215
this state, or are within its jurisdiction.
(V) "Public roadway" means a road that is all of the 4,217
following:
(1) Designated as a public road in the jurisdiction within 4,219
which it is located; 4,220
(2) Constructed in a manner consistent with other public 4,222
roads within the jurisdiction within which it is located; 4,223
(3) Regularly maintained with public funds; 4,225
(4) Subject to and available for substantial use by the 4,227
95
public. 4,228
Sec. 1513.02. (A) The division of mines and reclamation 4,237
MINERAL RESOURCES MANAGEMENT shall administer, enforce, and 4,239
implement this chapter. The chief of the division of mines and 4,240
reclamation MINERAL RESOURCES MANAGEMENT shall do all of the 4,241
following:
(1) Adopt, amend, and rescind rules: 4,243
(a) To administer and enforce this chapter; 4,245
(b) To implement the requirements of this chapter for the 4,247
reclamation of lands affected by coal mining, including such 4,248
rules governing mining practices and procedures, segregation and 4,249
placement of soil and topsoil, backfilling, grading, terracing, 4,250
resoiling, soil conditioning and reconditioning, planting, 4,251
establishment of drainage patterns, construction of impoundments, 4,252
and the construction, maintenance, and disposition of haul roads, 4,253
ditches, and dikes, as may be necessary or desirable, under 4,254
varying conditions of slope, drainage, physical and chemical 4,255
characteristics of soil and overburden, erodability of materials, 4,256
season, growth characteristics of plants, and other factors 4,257
affecting coal mining and reclamation, to facilitate the return 4,258
of the land to a condition required by this chapter; to prevent 4,259
pollution or substantial diminution of waters of the state, 4,260
substantial erosion, substantial deposition of sediment, 4,261
landslides, accumulation and discharge of acid water, and 4,262
flooding, both during mining and reclamation and thereafter; to 4,263
restore the recharge capacity of the mined area to approximate 4,264
premining conditions; and to ensure full compliance with all 4,265
requirements of this chapter relating to reclamation, and the 4,266
attainment of those objectives in the interest of the public 4,267
health, safety, and welfare to which these reclamation 4,268
requirements are directed; 4,269
(c) To meet the requirements of the "Surface Mining 4,271
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,272
1201. 4,273
96
(2) Issue orders to enforce this chapter and rules adopted 4,275
under it; 4,276
(3) Adopt rules for the internal management of the 4,278
division that do not affect private rights; 4,279
(4) Adopt programs, rules, and procedures designed to 4,281
assist the coal operator in this state with the permitting 4,282
process and complying with the environmental standards of this 4,283
chapter. Upon request of the applicant for a permit, the chief 4,284
shall make a determination of the probable hydrologic 4,285
consequences required in division (B)(2)(k) of section 1513.07 of 4,286
the Revised Code within sixty days after a permit has been 4,287
submitted to the division for those applications requesting the 4,288
chief to perform the study. The chief shall perform the chemical 4,289
analysis of test borings or core samplings for operators who have 4,290
a total annual production of coal at all locations that does not 4,291
exceed one hundred thousand tons. 4,292
(5) Adopt programs, rules, and procedures designed to 4,294
ensure that reclamation is performed on operations for which the 4,295
performance bond has been forfeited pursuant to section 1513.16 4,296
of the Revised Code; 4,297
(6) Receive, administer, and expend moneys obtained from 4,299
the United States department of the interior and other federal 4,300
agencies to implement the state's permanent coal regulatory 4,301
program; 4,302
(7)(a) Regulate the beneficial use of coal combustion 4,305
byproducts at coal mining and reclamation operations and 4,306
abandoned mine lands that are regulated under this chapter and 4,307
rules adopted under it. The beneficial use of coal combustion 4,308
byproducts at such coal mining and reclamation operations and 4,309
abandoned mine lands is subject to all applicable performance 4,310
standards and requirements established under this chapter and 4,311
rules adopted under it, including, without limitation, standards 4,312
and requirements established under section 1513.16 of the Revised 4,313
Code and rules adopted pursuant to it. 4,315
97
The beneficial use of coal combustion byproducts that is 4,317
authorized at coal mining and reclamation operations and 4,318
abandoned mine lands that are regulated under this chapter and 4,319
rules adopted under it is not subject to the following provisions 4,321
of Chapters 3734. and 6111. of the Revised Code and rules adopted 4,323
under those provisions: 4,324
(i) Permit and license requirements for solid waste 4,327
facilities established under sections 3734.02 and 3734.05 of the 4,328
Revised Code; 4,329
(ii) The prohibition against the open dumping of solid 4,332
wastes established in section 3734.03 of the Revised Code; 4,334
(iii) Solid waste generation and disposal fees established 4,337
under sections 3734.57 to 3734.574 of the Revised Code; 4,339
(iv) Permit to install and plan approval requirements 4,342
established under sections 6111.03, 6111.44, and 6111.45 of the 4,343
Revised Code. 4,344
Nothing in division (A)(7) of this section shall be 4,347
construed to limit any other requirements that are applicable to 4,348
the beneficial use of coal combustion byproducts and that are 4,349
established under Chapter 3704., 3714., 3734., or 6111. of the 4,351
Revised Code or under local or federal laws, including, without 4,354
limitation, requirements governing air pollution control permits, 4,355
hazardous waste, national pollutant discharge elimination system 4,356
permits, and section 401 water quality certifications. 4,357
(b) As used in division (A)(7) of this section: 4,360
(i) "Coal combustion byproducts" means fly ash, bottom 4,363
ash, coal slag, flue gas desulphurization and fluidized bed 4,364
combustion byproducts, air or water pollution control residues 4,365
from the operation of a coal-fired electric or steam generation 4,366
facility, and any material from a clean coal technology 4,367
demonstration project or other innovative process at a coal-fired 4,368
electric or steam generation facility.
(ii) "Beneficial use" means the use of coal combustion 4,371
byproducts in a manner that is not equivalent to the 4,372
98
establishment of a disposal system or a solid waste disposal 4,373
facility and that is unlikely to affect human health or safety or 4,374
the environment adversely or to degrade the existing quality of 4,375
the land, air, or water. "Beneficial use" includes, without 4,376
limitation, land application uses for agronomic value; land 4,377
reclamation uses; and discrete, controlled uses for structural 4,378
fill, pavement aggregate, pipe bedding aggregate, mine sealing, 4,379
alternative drainage or capping material, and pilot demonstration 4,380
projects.
(iii) "Structural fill" means the discrete, controlled use 4,383
of a coal combustion byproduct as a substitute for a conventional 4,384
aggregate, raw material, or soil under or immediately adjacent to 4,385
a building or structure. "Structural fill" does not include uses 4,386
that involve general filling or grading operations or valley 4,387
fills.
(iv) "Pavement aggregate" means the discrete, controlled 4,390
use of a coal combustion byproduct as a subbase material or 4,391
drainage layer under or immediately adjacent to a paved road or a 4,392
paved parking lot where the coal combustion byproduct is a 4,393
substitute for a conventional aggregate, raw material, or soil. 4,394
(v) "Pipe bedding aggregate" means the discrete, 4,397
controlled use of a coal combustion byproduct as a substitute for 4,398
a conventional aggregate, raw material, or soil under, around, or 4,399
immediately adjacent to a water, sewer, or other pipeline. 4,400
(vi) "Coal-fired electric or steam generation facility" 4,403
includes any boiler that is fired with coal or with coal in 4,404
combination with petroleum coke, oil, natural gas, or any other 4,405
fossil fuel.
(vii) "Solid waste disposal facility" means a facility for 4,408
the disposal of solid wastes as provided in Chapter 3734. of the 4,409
Revised Code and rules adopted under it. 4,412
(viii) "Disposal system" has the same meaning as in 4,415
section 6111.01 of the Revised Code. 4,417
(B) The chief, by rule, may designate as unsuitable for 4,419
99
coal mining natural areas maintained on the registry of natural 4,420
areas of the department of natural resources pursuant to Chapter 4,422
1517. of the Revised Code, wild, scenic, or recreational river 4,423
areas designated pursuant to that chapter, publicly owned or 4,425
dedicated parks, and other areas of unique and irreplaceable 4,426
natural beauty or condition, or areas within specified distances 4,427
of a public road, occupied dwelling, public building, school, 4,428
church, community, or institutional building, public park, or 4,429
cemetery. Such a designation may include land adjacent to the 4,430
perimeters of those areas that may be necessary to protect their 4,431
integrity.
(C)(1) The adoption, amendment, and rescission of rules 4,433
under divisions (A)(1) and (B) of this section are subject to 4,434
Chapter 119. of the Revised Code. 4,435
(2) The issuance of orders under division (A)(2) of this 4,437
section and appeals therefrom are not governed by or subject to 4,438
Chapter 119. of the Revised Code, but are governed by this 4,439
chapter. 4,440
(D)(1) When the chief or an authorized representative of 4,442
the chief determines that any condition or practice exists or 4,443
that any permittee is in violation of any requirement of this 4,444
chapter or any permit condition required by this chapter, which 4,445
condition, practice, or violation creates an imminent danger to 4,446
the health or safety of the public or is causing, or can 4,447
reasonably be expected to cause, significant, imminent 4,448
environmental harm to land, air, or water resources, the chief or 4,449
the authorized representative immediately shall order the 4,450
cessation of coal mining and reclamation operations or the 4,451
portion thereof relevant to the condition, practice, or 4,452
violation. The cessation order shall remain in effect until the 4,453
chief or the authorized representative determines that the 4,454
condition, practice, or violation has been abated or until the 4,455
order is modified, vacated, or terminated by the chief or the 4,456
authorized representative pursuant to division (D)(4) of this 4,457
100
section or by the reclamation commission pursuant to section 4,458
1513.13 of the Revised Code. When the chief or the authorized 4,460
representative finds that the ordered cessation of coal mining 4,461
and reclamation operations or any portion thereof will not 4,462
completely abate the imminent danger to the health or safety of 4,463
the public or the significant, imminent environmental harm to 4,464
land, air, or water resources, the chief or the authorized 4,465
representative, in addition to the cessation order, shall order 4,466
the operator to take whatever steps the chief or the authorized 4,468
representative considers necessary to abate the imminent danger
or the significant environmental harm. 4,469
(2) When the chief or an authorized representative of the 4,472
chief determines that any person is in violation of any
requirement of this chapter or any permit condition required by 4,473
this chapter, but the violation does not create an imminent 4,474
danger to the health or safety of the public or cannot reasonably 4,475
be expected to cause significant, imminent environmental harm to 4,476
land, air, or water resources, the chief or the authorized 4,477
representative shall issue a notice of violation to the person or 4,479
the person's agent fixing a reasonable time for the abatement of 4,480
the violation, provided that the time afforded a person to abate 4,482
the violation shall not exceed the time limitations prescribed by 4,483
the secretary of the interior in 30 C.F.R. Part 843 for an 4,484
approvable state regulatory program under the "Surface Mining 4,485
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,486
1201.
If, upon expiration of the period of time as originally 4,488
fixed or subsequently extended for good cause shown and upon the 4,489
written finding of the chief or the authorized representative, 4,490
the chief or the authorized representative finds that the 4,492
violation has not been abated, the chief or the authorized 4,493
representative immediately shall order the cessation of coal 4,495
mining and reclamation operations or the portion thereof relevant 4,496
to the violation. The cessation order shall remain in effect 4,497
101
until the chief or the authorized representative determines that 4,498
the violation has been abated or until the order is modified, 4,499
vacated, or terminated by the chief or the authorized 4,500
representative pursuant to division (D)(4) of this section or by 4,502
the reclamation commission pursuant to section 1513.13 of the 4,504
Revised Code. In a cessation order issued under division (D)(2) 4,505
of this section, the chief or the authorized representative shall 4,508
prescribe the steps necessary to abate the violation in the most 4,509
expeditious manner possible.
(3) When in the judgment of the chief or an authorized 4,511
representative of the chief a pattern of violations of any 4,512
requirements of this chapter or any permit conditions required by 4,514
this chapter exists or has existed and the violations are caused 4,515
by the unwarranted failure of the permittee to comply with any 4,516
requirements of this chapter or any permit conditions or are 4,517
willfully caused by the permittee, the chief or the authorized 4,519
representative immediately shall issue an order to the permittee 4,520
to show cause why the permit should not be suspended or revoked. 4,521
If a hearing is requested, the chief shall inform all interested 4,522
parties of the time and place of the hearing and conduct the 4,523
hearing pursuant to division (D) of section 1513.13 of the 4,524
Revised Code. Upon the permittee's failure to show cause why the 4,526
permit should not be suspended or revoked, the chief or the 4,527
authorized representative immediately shall suspend or revoke the 4,529
permit.
(4) Notices of violation and orders issued pursuant to 4,531
this section shall set forth with reasonable specificity the 4,532
nature of the violation and the remedial action required, the 4,533
period of time established for abatement, and a reasonable 4,534
description of the portion of the coal mining and reclamation 4,535
operation to which the notice or order applies. Each notice or 4,536
order issued under this section shall be given promptly to the 4,537
alleged violator or the agent of the alleged violator by the 4,539
chief or an authorized representative of the chief who issues the 4,540
102
notice or order. Notices and orders shall be in writing and 4,541
shall be signed by the chief or the authorized representative and 4,542
may be modified, vacated, or terminated by the chief or the 4,544
authorized representative. Any notice or order issued pursuant 4,545
to this section that requires cessation of mining by the operator 4,546
shall expire within thirty days after actual notice to the 4,547
operator unless a public hearing pursuant to section 1513.13 of 4,548
the Revised Code is held at the site or within such reasonable 4,549
proximity to the site that any viewings of the site can be 4,550
conducted during the course of the public hearing. 4,551
(E) The chief may appoint, under section 121.13 of the 4,553
Revised Code, an advisory committee of experts in the fields of 4,554
hydrology, soil conservation, historic preservation, and related 4,555
fields to provide advice on coal mining and reclamation 4,557
practices, the environmental impact of coal mining, the adoption 4,558
of rules, the approval of plans, and the issuance of permits 4,559
under section 1513.07 of the Revised Code. 4,560
(F)(1) A person who violates a permit condition or any 4,562
other provision of this chapter may be assessed a civil penalty 4,563
by the chief, except that if the violation leads to the issuance 4,564
of a cessation order under division (D) of this section, the 4,565
civil penalty shall be assessed for each day until the person 4,566
initiates the necessary corrective steps. The penalty shall not 4,567
exceed five thousand dollars for each violation. Each day of 4,568
continuing violation may be deemed a separate violation for 4,569
purposes of penalty assessments. In determining the amount of 4,570
the penalty, consideration shall be given to the person's history 4,571
of previous violation at the particular coal mining operation; 4,572
the seriousness of the violation, including any irreparable harm 4,573
to the environment and any hazard to the health or safety of the 4,574
public; whether the person was negligent; and the demonstrated 4,575
diligence of the person charged in attempting to achieve rapid 4,576
compliance after notification of the violation. 4,577
(2) A civil penalty shall be assessed by the chief only 4,579
103
after the person charged with a violation under division 4,581
(F)(E)(1) of this section has been given an opportunity for a 4,582
public hearing. If a person charged with such a violation fails 4,583
to avail self ONESELF of the opportunity for a public hearing, a 4,584
civil penalty shall be assessed by the chief after the chief has 4,585
determined that a violation did occur, and the amount of the 4,586
penalty that is warranted, and has issued an order requiring that 4,589
the penalty be paid.
(3) Upon the issuance of a notice or order charging that a 4,591
violation of this chapter has occurred, the chief shall inform 4,592
the operator within thirty days of the proposed amount of the 4,593
penalty and provide opportunity for an adjudicatory hearing 4,594
pursuant to section 1513.13 of the Revised Code. The person 4,595
charged with the penalty then shall have thirty days to pay the 4,596
proposed penalty in full or, if the person wishes to contest 4,597
either the amount of the penalty or the fact of the violation, 4,598
file a petition for review of the proposed assessment with the 4,599
secretary of the reclamation commission pursuant to section 4,601
1513.13 of the Revised Code. If, after the hearing, the 4,602
commission affirms or modifies the proposed amount of the 4,604
penalty, the person charged with the penalty then shall have 4,605
thirty days after receipt of the written decision to pay the 4,606
amount in full or file an appeal with the court of appeals in 4,607
accordance with section 1513.14 of the Revised Code. At the time 4,608
the petition for review of the proposed assessment is filed with 4,609
the secretary, the person shall forward the amount of the penalty 4,610
to the secretary for placement in the reclamation penalty fund, 4,611
which is hereby created. The fund shall be in the custody of the 4,612
treasurer of state, but shall not be a part of the state 4,613
treasury. Pursuant to administrative or judicial review of the 4,614
penalty, the secretary, within thirty days, shall remit the 4,615
appropriate amount of the penalty to the person, with interest, 4,616
if it is determined that no violation occurred or that the amount 4,617
of the penalty should be reduced, and the secretary shall forward 4,618
104
the balance of the penalty or, if the penalty was not reduced, 4,620
the entire amount of the penalty, with interest, to the chief for 4,621
deposit in the coal mining administration and reclamation reserve 4,622
fund created in section 1513.181 of the Revised Code. Failure to 4,623
forward the money to the secretary within thirty days after the 4,624
chief informs the operator of the proposed amount of the penalty 4,625
shall result in a waiver of all legal rights to contest the 4,626
violation or the amount of the penalty. Within fifteen days 4,627
after being informed of the penalty, the person charged with the 4,628
penalty may request in writing an informal assessment conference 4,629
to review the amount of the penalty. The conference shall be 4,630
presided over by the chief or an individual appointed by the 4,631
chief other than the inspector that issued the notice of 4,633
violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal 4,634
conferences. Time allowed for payment of the penalty or appeal 4,635
to the commission shall be tolled while the penalty is being 4,637
reviewed in an informal conference. 4,638
(4) An operator who fails to correct a violation for which 4,640
a notice of violation or order has been issued under division (D) 4,641
of this section within the period permitted for its correction 4,642
shall be assessed a civil penalty of not less than seven hundred 4,643
fifty dollars for each day during which the failure or violation 4,644
continues. However, a civil penalty shall not be assessed under 4,645
division (F)(E)(4) of this section if the commission orders the 4,647
suspension of the abatement requirement after determining, based 4,649
upon the findings of an expedited hearing held under section 4,650
1513.13 of the Revised Code at the request of the operator, that 4,651
the operator will suffer irreparable loss or damage from the 4,652
application of the abatement requirement or if the court orders 4,653
suspension of the abatement requirement pursuant to review 4,654
proceedings held under section 1513.14 of the Revised Code at the 4,655
request of the operator.
(G)(F) The chief may enter into a cooperative agreement 4,657
105
with the secretary of the interior to provide for state 4,658
regulation of coal mining and reclamation operations on federal 4,659
lands within the state. 4,660
(H)(G) The chief may prohibit augering if necessary to 4,662
maximize the utilization, recoverability, or conservation of the 4,663
solid fuel resources or to protect against adverse water quality 4,664
impacts. 4,665
(I)(H) The chief shall transmit copies of all schedules 4,667
submitted under section 1513.07 of the Revised Code pertaining to 4,668
violations of air or water quality laws and rules adopted and 4,669
orders issued under those laws in connection with coal mining 4,671
operations to the director of environmental protection for 4,672
verification. 4,673
(J)(I) For the purposes of sections 1513.18, 1513.24, 4,675
1513.37, and 1514.06 of the Revised Code, the chief triennially 4,676
shall determine the average wage rate for companies performing 4,677
reclamation work for the division under those sections by 4,678
averaging the wage rate paid by all companies performing such 4,679
reclamation work during the three years immediately preceding the 4,681
determination. However, in making the initial determination 4,682
under this division, the chief shall average the wage rate paid 4,683
by all companies performing such reclamation work during the ten 4,684
years immediately preceding October 29, 1995. 4,685
Sec. 1513.03. The chief of the division of mines and 4,694
reclamation MINERAL RESOURCES MANAGEMENT shall designate certain 4,695
employees of the division as inspection officers of coal and 4,697
surface mining operations MINERAL RESOURCES INSPECTORS for the 4,698
purpose of enforcing the coal mining laws and the surface mining 4,699
laws. Such inspection officers INSPECTORS may enter upon and 4,700
inspect any coal or surface mining operation at any time, and 4,701
upon entering the permit area the inspector shall notify the 4,702
operator and shall furnish proper identification. After the 4,703
final maps have been approved, the inspector shall notify the 4,704
nearest mine office of the operator and advise of the inspection. 4,705
106
They may serve and execute warrants and other processes of law 4,706
issued in the enforcement of this chapter and Chapter 1514. of 4,707
the Revised Code and rules adopted thereunder. 4,708
Such inspection officers INSPECTORS, while in the normal, 4,710
lawful, and peaceful pursuit of their duties, may enter upon, 4,712
cross over, and remain upon privately owned lands for such 4,713
purposes, and shall not be subject to arrest for trespass while 4,714
so engaged or for such cause thereafter. 4,715
Before a person other than a person who was an inspector of 4,717
coal or surface mining operations on April 10, 1972, is eligible 4,718
for appointment as an inspection officer A MINERAL RESOURCES 4,719
INSPECTOR, he THE PERSON shall pass an examination prepared and 4,721
administered by the department of administrative services and 4,722
shall serve in a provisional status for a probationary period of 4,723
one year SIX MONTHS to the satisfaction of the chief. The chief 4,725
may hire provisionally, pending the administration of a civil 4,726
service examination and establishment of a civil service 4,727
eligibility list. A person serving in a provisional status has 4,728
the same authority as a permanently appointed inspection officer 4,729
INSPECTOR. This section does not affect the status of any person 4,731
employed as an inspector of coal or surface mining operations 4,732
prior to April 10, 1972, if the person is a certified employee in 4,733
the classified service of the state.
Sec. 1513.07. (A)(1) No operator shall conduct a coal 4,742
mining operation without a permit for the operation issued by the 4,744
chief of the division of mines and reclamation. Any permit
validly issued by the chief after February 3, 1978, in effect on 4,745
September 1, 1981, that would expire at any time before eight 4,746
months after approval of the state reclamation program by the 4,747
secretary of the United States department of the interior 4,748
pursuant to the "Surface Mining Control and Reclamation Act of 4,749
1977," 91 Stat. 446, 20 U.S.C. 1201, shall remain in effect until 4,750
eight months after approval of the program. A permit so extended 4,751
shall continue as a valid existing permit beyond the eight-month 4,752
107
period if the permittee, having filed an application for a new 4,753
permit within two months after the date of approval of the state 4,754
program, has not received an initial administrative decision on 4,755
the application MINERAL RESOURCES MANAGEMENT. 4,756
(2) All permits issued pursuant to this chapter shall be 4,758
issued for a term not to exceed five years, except that, if the 4,759
applicant demonstrates that a specified longer term is reasonably 4,760
needed to allow the applicant to obtain necessary financing for 4,761
equipment and the opening of the operation and if the application 4,762
is full and complete for the specified longer term, the chief may 4,763
grant a permit for the longer term. A successor in interest to a 4,764
permittee who applies for a new permit within thirty days after 4,765
succeeding to the interest and who is able to obtain the bond 4,766
coverage of the original permittee may continue coal mining and 4,767
reclamation operations according to the approved mining and 4,768
reclamation plan of the original permittee until the successor's 4,769
application is granted or denied. 4,770
(3) A permit shall terminate if the permittee has not 4,772
commenced the coal mining operations covered by the permit within 4,773
three years after the issuance of the permit, except that the 4,774
chief may grant reasonable extensions of the time upon a showing 4,775
that the extensions are necessary by reason of litigation 4,776
precluding the commencement or threatening substantial economic 4,777
loss to the permittee or by reason of conditions beyond the 4,778
control and without the fault or negligence of the permittee, and 4,779
except that with respect to coal to be mined for use in a 4,780
synthetic fuel facility or specified major electric generating 4,781
facility, the permittee shall be deemed to have commenced coal 4,782
mining operations at the time construction of the synthetic fuel 4,783
or generating facility is initiated. 4,784
(4)(a) Any permit issued pursuant to this chapter shall 4,786
carry with it the right of successive renewal upon expiration 4,787
with respect to areas within the boundaries of the permit. The 4,788
holders of the permit may apply for renewal and the renewal shall 4,789
108
be issued unless the chief determines by written findings, 4,790
subsequent to fulfillment of the public notice requirements of 4,791
this section and section 1513.071 of the Revised Code through 4,792
demonstrations by opponents of renewal or otherwise, that one or 4,793
more of the following circumstances exists: 4,794
(i) The terms and conditions of the existing permit are 4,796
not being satisfactorily met; 4,797
(ii) The present coal mining and reclamation operation is 4,799
not in compliance with the environmental protection standards of 4,800
this chapter; 4,801
(iii) The renewal requested substantially jeopardizes the 4,803
operator's continuing responsibilities on existing permit areas; 4,804
(iv) The applicant has not provided evidence that the 4,806
performance bond in effect for the operation will continue in 4,807
effect for any renewal requested in the application; 4,808
(v) Any additional, revised, or updated information 4,810
required by the chief has not been provided. Prior to the 4,811
approval of any renewal of a permit, the chief shall provide 4,812
notice to the appropriate public authorities as prescribed by 4,813
rule of the chief. 4,814
(b) If an application for renewal of a valid permit 4,816
includes a proposal to extend the mining operation beyond the 4,817
boundaries authorized in the existing permit, the portion of the 4,818
application for renewal of a valid permit that addresses any new 4,819
land areas shall be subject to the full standards applicable to 4,820
new applications under this chapter. 4,821
(c) A permit renewal shall be for a term not to exceed the 4,823
period of the original permit established by this chapter. 4,824
Application for permit renewal shall be made at least one hundred 4,825
twenty days prior to the expiration of the valid permit. 4,826
(5) A permit issued pursuant to this chapter does not 4,828
eliminate the requirements for obtaining a permit to install or 4,829
modify a disposal system or any part thereof or to discharge 4,830
sewage, industrial waste, or other wastes into the waters of the 4,831
109
state in accordance with Chapter 6111. of the Revised Code. 4,832
(B)(1) Each application for a coal mining and reclamation 4,834
permit or renewal of such a permit shall be accompanied by a 4,835
permit or renewal fee in an amount equal to the product of 4,836
seventy-five dollars multiplied by the number of acres, estimated 4,837
in the application, that will comprise the area of land to be 4,838
affected within the permit or renewal period by the coal mining 4,839
operation for which the permit or renewal is requested. 4,840
(2) The permit application shall be submitted in a manner 4,842
satisfactory to the chief and shall contain, among other things, 4,843
all of the following: 4,844
(a) The names and addresses of all of the following: 4,846
(i) The permit applicant; 4,848
(ii) Every legal owner of record of the property, surface 4,850
and mineral, to be mined; 4,851
(iii) The holders of record of any leasehold interest in 4,853
the property; 4,854
(iv) Any purchaser of record of the property under a real 4,856
estate contract; 4,857
(v) The operator if different from the applicant; 4,859
(vi) If any of these are business entities other than a 4,861
single proprietor, the names and addresses of the principals, 4,862
officers, and statutory agent for service of process. 4,863
(b) The names and addresses of the owners of record of all 4,865
surface and subsurface areas adjacent to any part of the permit 4,866
area; 4,867
(c) A statement of any current or previous coal mining 4,869
permits in the United States held by the applicant, the permit 4,870
identification, and any pending applications; 4,871
(d) If the applicant is a partnership, corporation, 4,873
association, or other business entity, the following where 4,874
applicable: the names and addresses of every officer, partner, 4,875
director, or person performing a function similar to a director, 4,876
of the applicant, the name and address of any person owning, of 4,877
110
record, ten per cent or more of any class of voting stock of the 4,878
applicant, a list of all names under which the applicant, 4,879
partner, or principal shareholder previously operated a coal 4,880
mining operation within the United States within the five-year 4,881
period preceding the date of submission of the application, and a 4,882
list of the person or persons primarily responsible for ensuring 4,883
that the applicant complies with the requirements of this chapter 4,884
and rules adopted pursuant thereto while mining and reclaiming 4,885
under the permit; 4,886
(e) A statement of whether the applicant, any subsidiary, 4,888
affiliate, or persons controlled by or under common control with 4,889
the applicant, any partner if the applicant is a partnership, any 4,890
officer, principal shareholder, or director if the applicant is a 4,891
corporation, or any other person who has a right to control or in 4,892
fact controls the management of the applicant or the selection of 4,893
officers, directors, or managers of the applicant: 4,894
(i) Has ever held a federal or state coal mining permit 4,896
that in the five-year period prior to the date of submission of 4,897
the application has been suspended or revoked or has had a coal 4,898
mining bond or similar security deposited in lieu of bond 4,899
forfeited and, if so, a brief explanation of the facts involved; 4,900
(ii) Has been an officer, partner, director, principal 4,902
shareholder, or person having the right to control or has in fact 4,903
controlled the management of or the selection of officers, 4,904
directors, or managers of a business entity that has had a coal 4,905
mining or surface mining permit that in the five-year period 4,906
prior to the date of submission of the application has been 4,907
suspended or revoked or has had a coal mining or surface mining 4,908
bond or similar security deposited in lieu of bond forfeited and, 4,909
if so, a brief explanation of the facts involved. 4,910
(f) A copy of the applicant's advertisement to be 4,912
published in a newspaper of general circulation in the locality 4,913
of the proposed site at least once a week for four successive 4,914
weeks, which shall include the ownership of the proposed mine, a 4,915
111
description of the exact location and boundaries of the proposed 4,916
site sufficient to make the proposed operation readily 4,917
identifiable by local residents, and the location where the 4,918
application is available for public inspection; 4,919
(g) A description of the type and method of coal mining 4,921
operation that exists or is proposed, the engineering techniques 4,922
proposed or used, and the equipment used or proposed to be used; 4,923
(h) The anticipated or actual starting and termination 4,925
dates of each phase of the mining operation and number of acres 4,926
of land to be affected; 4,927
(i) An accurate map or plan, to an appropriate scale, 4,929
clearly showing the land to be affected and the land upon which 4,930
the applicant has the legal right to enter and commence coal 4,931
mining operations, copies of those documents upon which is based 4,932
the applicant's legal right to enter and commence coal mining 4,934
operations, and a statement whether that right is the subject of 4,935
pending litigation. This chapter does not authorize the chief to 4,936
adjudicate property title disputes. 4,937
(j) The name of the watershed and location of the surface 4,939
stream or tributary into which drainage from the operation will 4,940
be discharged; 4,941
(k) A determination of the probable hydrologic 4,943
consequences of the mining and reclamation operations, both on 4,944
and off the mine site, with respect to the hydrologic regime, 4,945
providing information on the quantity and quality of water in 4,946
surface and ground water systems including the dissolved and 4,947
suspended solids under seasonal flow conditions and the 4,948
collection of sufficient data for the mine site and surrounding 4,949
areas so that an assessment can be made by the chief of the 4,950
probable cumulative impacts of all anticipated mining in the area 4,951
upon the hydrology of the area and particularly upon water 4,952
availability, but this determination shall not be required until 4,953
hydrologic information of the general area prior to mining is 4,954
made available from an appropriate federal or state agency; 4,955
112
however, the permit shall not be approved until the information 4,956
is available and is incorporated into the application; 4,957
(l) When requested by the chief, the climatological 4,959
factors that are peculiar to the locality of the land to be 4,960
affected, including the average seasonal precipitation, the 4,961
average direction and velocity of prevailing winds, and the 4,962
seasonal temperature ranges; 4,963
(m) Accurate maps prepared by or under the direction of 4,965
and certified by a qualified registered professional engineer, 4,966
registered surveyor, or licensed landscape architect to an 4,967
appropriate scale clearly showing all types of information set 4,968
forth on topographical maps of the United States geological 4,969
survey of a scale of not more than four hundred feet to the inch, 4,970
including all man-made ARTIFICIAL features and significant known 4,971
archeological sites. The map, among other things specified by 4,973
the chief, shall show all boundaries of the land to be affected,
the boundary lines and names of present owners of record of all 4,974
surface areas abutting the permit area, and the location of all 4,975
buildings within one thousand feet of the permit area. 4,976
(n)(i) Cross-section maps or plans of the land to be 4,978
affected including the actual area to be mined, prepared by or 4,979
under the direction of and certified by a qualified registered 4,980
professional engineer or certified professional geologist with 4,981
assistance from experts in related fields such as hydrology, 4,982
hydrogeology, geology, and landscape architecture, showing 4,983
pertinent elevations and locations of test borings or core 4,984
samplings and depicting the following information: the nature 4,985
and depth of the various strata of overburden; the nature and 4,986
thickness of any coal or rider seam above the coal seam to be 4,987
mined; the nature of the stratum immediately beneath the coal 4,988
seam to be mined; all mineral crop lines and the strike and dip 4,989
of the coal to be mined within the area to be affected; existing 4,990
or previous coal mining limits; the location and extent of known 4,991
workings of any underground mines, including mine openings to the 4,992
113
surface; the location of spoil, waste, or refuse areas and 4,993
topsoil preservation areas; the location of all impoundments for 4,994
waste or erosion control; any settling or water treatment 4,995
facility; constructed or natural drainways and the location of 4,996
any discharges to any surface body of water on the land to be 4,997
affected or adjacent thereto; profiles at appropriate cross 4,998
sections of the anticipated final surface configuration that will 4,999
be achieved pursuant to the operator's proposed reclamation plan; 5,000
the location of subsurface water, if encountered; the location 5,001
and quality of aquifers; and the estimated elevation of the water 5,002
table. Registered surveyors shall be allowed to perform all 5,003
plans, maps, and certifications under this chapter as they are 5,004
authorized under Chapter 4733. of the Revised Code. 5,005
(ii) A statement of the quality and locations of 5,007
subsurface water. The chief shall provide by rule the number of 5,008
locations to be sampled, frequency of collection, and parameters 5,009
to be analyzed to obtain the statement required. 5,010
(o) A statement of the results of test borings or core 5,012
samplings from the permit area, including logs of the drill 5,013
holes, the thickness of the coal seam found, an analysis of the 5,014
chemical properties of the coal, the sulfur content of any coal 5,015
seam, chemical analysis of potentially acid or toxic forming 5,016
sections of the overburden, and chemical analysis of the stratum 5,017
lying immediately underneath the coal to be mined, except that 5,018
this division may be waived by the chief with respect to the 5,019
specific application by a written determination that its 5,020
requirements are unnecessary; 5,021
(p) For those lands in the permit application which THAT a 5,023
reconnaissance inspection suggests may be prime farmlands, a soil 5,024
survey shall be made or obtained according to standards 5,025
established by the secretary of the United States department of 5,026
agriculture in order to confirm the exact location of the prime 5,027
farmlands, if any; 5,028
(q) A certificate issued by an insurance company 5,030
114
authorized to do business in this state certifying that the 5,031
applicant has a public liability insurance policy in force for 5,032
the coal mining and reclamation operations for which the permit 5,033
is sought or evidence that the applicant has satisfied other 5,034
state self-insurance requirements. The policy shall provide for 5,035
personal injury and property damage protection in an amount 5,036
adequate to compensate any persons damaged as a result of coal 5,037
mining and reclamation operations, including the use of 5,038
explosives, and entitled to compensation under the applicable 5,039
provisions of state law. The policy shall be maintained in 5,040
effect during the term of the permit or any renewal, including 5,041
the length of all reclamation operations. The insurance company 5,042
shall give prompt notice to the permittee and the chief if the 5,043
public liability insurance policy lapses for any reason including 5,044
the nonpayment of insurance premiums. Upon the lapse of the 5,045
policy, the chief may suspend the permit and all other 5,046
outstanding permits until proper insurance coverage is obtained. 5,047
(r) The business telephone number of the applicant; 5,049
(s) If the applicant seeks an authorization under division 5,051
(E)(7) of this section to conduct coal mining and reclamation 5,052
operations on areas to be covered by the permit that were 5,053
affected by coal mining operations before August 3, 1977, that 5,054
have resulted in continuing water pollution from or on the 5,055
previously mined areas, such additional information pertaining to 5,056
those previously mined areas as may be required by the chief, 5,057
including, without limitation, maps, plans, cross sections, data 5,058
necessary to determine existing water quality from or on those 5,059
areas with respect to pH, iron, and manganese, and a pollution 5,060
abatement plan that may improve water quality from or on those 5,061
areas with respect to pH, iron, and manganese. 5,062
(3) Information pertaining to coal seams, test borings, 5,064
core samplings, or soil samples as required by this section shall 5,065
be made available by the chief to any person with an interest 5,066
that is or may be adversely affected, except that information 5,067
115
that pertains only to the analysis of the chemical and physical 5,068
properties of the coal, excluding information regarding mineral 5,069
or elemental content that is potentially toxic in the 5,070
environment, shall be kept confidential and not made a matter of 5,071
public record. 5,072
(4)(a) If the chief finds that the probable total annual 5,074
production at all locations of any operator will not exceed three 5,075
hundred thousand tons, the following activities, upon the written 5,078
request of the operator in connection with a permit application,
shall be performed by a qualified public or private laboratory or 5,080
another public or private qualified entity designated by the 5,081
chief, and the cost of the activities shall be assumed by the 5,082
chief, provided that sufficient moneys for such assistance are
available:
(i) The determination of probable hydrologic consequences 5,084
required under division (B)(2)(k) of this section; 5,085
(ii) The development of cross-section maps and plans 5,087
required under division (B)(2)(n)(i) of this section; 5,088
(iii) The geologic drilling and statement of results of 5,090
test borings and core samplings required under division (B)(2)(o) 5,091
of this section;
(iv) The collection of archaeological information required 5,093
under division (B)(2)(m) of this section and any other 5,094
archaeological and historical information required by the chief, 5,095
and the preparation of plans necessitated thereby; 5,096
(v) Pre-blast surveys required under division (E) of 5,098
section 1513.161 of the Revised Code; 5,099
(vi) The collection of site-specific resource information 5,101
and production of protection and enhancement plans for fish and 5,102
wildlife habitats and other environmental values required by the 5,103
chief under this chapter.
(b) A coal operator that has received assistance under 5,105
division (B)(4)(a) of this section shall reimburse the chief for 5,106
the cost of the services rendered if the chief finds that the 5,107
116
operator's actual and attributed annual production of coal for 5,108
all locations exceeds three hundred thousand tons during the
twelve months immediately following the date on which the 5,109
operator was issued a coal mining and reclamation permit. 5,110
(5) Each applicant for a permit shall submit to the chief 5,112
as part of the permit application a reclamation plan that meets 5,113
the requirements of this chapter. 5,114
(6) Each applicant for a coal mining and reclamation 5,116
permit shall file a copy of the application for a permit, 5,117
excluding that information pertaining to the coal seam itself, 5,118
for public inspection with the county recorder or an appropriate 5,119
public office approved by the chief in the county where the 5,120
mining is proposed to occur. 5,121
(7) Each applicant for a coal mining and reclamation 5,123
permit shall submit to the chief as part of the permit 5,124
application a blasting plan that describes the procedures and 5,125
standards by which the operator will meet the provisions of 5,126
COMPLY WITH section 1513.161 of the Revised Code. 5,127
(C) Each reclamation plan submitted as part of a permit 5,129
application shall include, in the detail necessary to demonstrate 5,130
that reclamation required by this chapter can be accomplished, a 5,131
statement of: 5,132
(1) The identification of the lands subject to coal mining 5,134
operations over the estimated life of those operations and the 5,135
size, sequence, and timing of the subareas for which it is 5,136
anticipated that individual permits for mining will be sought; 5,137
(2) The condition of the land to be covered by the permit 5,139
prior to any mining including all of the following: 5,140
(a) The uses existing at the time of the application and, 5,142
if the land has a history of previous mining, the uses that 5,143
preceded any mining; 5,144
(b) The capability of the land prior to any mining to 5,146
support a variety of uses, giving consideration to soil and 5,147
foundation characteristics, topography, and vegetative cover and, 5,148
117
if applicable, a soil survey prepared pursuant to division 5,149
(B)(2)(p) of this section; 5,150
(c) The productivity of the land prior to mining, 5,152
including appropriate classification as prime farmlands as well 5,153
as the average yield of food, fiber, forage, or wood products 5,154
obtained from the land under high levels of management. 5,155
(3) The use that is proposed to be made of the land 5,157
following reclamation, including information regarding the 5,158
utility and capacity of the reclaimed land to support a variety 5,159
of alternative uses, the relationship of the proposed use to 5,160
existing land use policies and plans, and the comments of any 5,161
owner of the land and state and local governments or agencies 5,162
thereof that would have to initiate, implement, approve, or 5,163
authorize the proposed use of the land following reclamation; 5,164
(4) A detailed description of how the proposed postmining 5,166
land use is to be achieved and the necessary support activities 5,167
that may be needed to achieve the proposed land use; 5,168
(5) The engineering techniques proposed to be used in 5,170
mining and reclamation and a description of the major equipment; 5,171
a plan for the control of surface water drainage and of water 5,172
accumulation; a plan, where appropriate, for backfilling, soil 5,173
stabilization, and compacting, grading, and appropriate 5,174
revegetation; a plan for soil reconstruction, replacement, and 5,175
stabilization, pursuant to the performance standards in section 5,176
1513.16 of the Revised Code, for those food, forage, and forest 5,177
lands identified in that section; and an estimate of the cost per 5,179
acre of the reclamation, including a statement as to how the 5,180
permittee plans to comply with each of the requirements set out 5,181
in section 1513.16 of the Revised Code;
(6) A description of the means by which the utilization 5,183
and conservation of the solid fuel resource being recovered will 5,184
be maximized so that reaffecting the land in the future can be 5,185
minimized; 5,186
(7) A detailed estimated timetable for the accomplishment 5,188
118
of each major step in the reclamation plan; 5,189
(8) A description of the degree to which the coal mining 5,191
and reclamation operations are consistent with surface owner 5,192
plans and applicable state and local land use plans and programs; 5,193
(9) The steps to be taken to comply with applicable air 5,195
and water quality laws and regulations and any applicable health 5,196
and safety standards; 5,197
(10) A description of the degree to which the reclamation 5,199
plan is consistent with local physical, environmental, and 5,200
climatological conditions; 5,201
(11) A description of all lands, interests in lands, or 5,203
options on such interests held by the applicant or pending bids 5,204
on interests in lands by the applicant, which lands are 5,205
contiguous to the area to be covered by the permit; 5,206
(12) The results of test borings that the applicant has 5,208
made at the area to be covered by the permit, or other equivalent 5,209
information and data in a form satisfactory to the chief, 5,210
including the location of subsurface water, and an analysis of 5,211
the chemical properties, including acid forming properties of the 5,212
mineral and overburden; except that information that pertains 5,213
only to the analysis of the chemical and physical properties of 5,214
the coal, excluding information regarding mineral or elemental 5,215
contents that are potentially toxic in the environment, shall be 5,216
kept confidential and not made a matter of public record; 5,217
(13) A detailed description of the measures to be taken 5,219
during the mining and reclamation process to ensure the 5,220
protection of all of the following: 5,221
(a) The quality of surface and ground water systems, both 5,223
on- and off-site, from adverse effects of the mining and 5,224
reclamation process; 5,225
(b) The rights of present users to such water; 5,227
(c) The quantity of surface and ground water systems, both 5,229
on- and off-site, from adverse effects of the mining and 5,230
reclamation process or, where such protection of quantity cannot 5,231
119
be assured, provision of alternative sources of water. 5,232
(14) Any other requirements the chief prescribes by rule. 5,234
(D)(1) Any information required by division (C) of this 5,236
section that is not on public file pursuant to this chapter shall 5,237
be held in confidence by the chief. 5,238
(2) With regard to requests for an exemption from the 5,240
requirements of this chapter for coal extraction incidental to 5,241
the extraction of other minerals, as described in division 5,242
(H)(1)(a) of section 1513.01 of the Revised Code, confidential 5,243
information includes and is limited to information concerning
trade secrets or privileged commercial or financial information 5,244
relating to the competitive rights of the persons intending to 5,245
conduct the extraction of minerals. 5,246
(E)(1) Upon the basis of a complete mining application and 5,248
reclamation plan or a revision or renewal thereof, as required by 5,249
this chapter, and information obtained as a result of public 5,250
notification and public hearing, if any, as provided by section 5,251
1513.071 of the Revised Code, the chief shall grant, require 5,252
modification of, or deny the application for a permit in a 5,253
reasonable time set by the chief and notify the applicant in 5,254
writing. The applicant for a permit or revision of a permit has 5,255
the burden of establishing that the application is in compliance 5,257
with all the requirements of this chapter. Within ten days after 5,258
the granting of a permit, the chief shall notify the boards of 5,259
township trustees and county commissioners, the mayor, and the 5,260
legislative authority in the township, county, and municipal 5,261
corporation in which the area of land to be affected is located 5,262
that a permit has been issued and shall describe the location of 5,263
the land. However, failure of the chief to notify the local 5,264
officials shall not affect the status of the permit. 5,265
(2) No permit application or application for revision of 5,267
an existing permit shall be approved unless the application 5,268
affirmatively demonstrates and the chief finds in writing on the 5,269
basis of the information set forth in the application or from 5,270
120
information otherwise available, which will SHALL be documented 5,271
in the approval and made available to the applicant, all of the 5,273
following: 5,274
(a) The application is accurate and complete and that all 5,276
the requirements of this chapter have been complied with;. 5,277
(b) The applicant has demonstrated that the reclamation 5,279
required by this chapter can be accomplished under the 5,280
reclamation plan contained in the application;. 5,281
(c)(i) Assessment of the probable cumulative impact of all 5,283
anticipated mining in the general and adjacent area on the 5,284
hydrologic balance specified in division (B)(2)(k) of this 5,285
section has been made by the chief, and the proposed operation 5,286
has been designed to prevent material damage to hydrologic 5,287
balance outside the permit area;. 5,288
(ii) There shall be an ongoing process conducted by the 5,290
chief in cooperation with other state and federal agencies to 5,291
review all assessments of probable cumulative impact of coal 5,292
mining in light of post-mining data and any other hydrologic 5,293
information as it becomes available to determine if the 5,294
assessments were realistic. The chief shall take appropriate 5,295
action as indicated in the review process. 5,296
(d) The area proposed to be mined is not included within 5,298
an area designated unsuitable for coal mining pursuant to section 5,299
1513.073 of the Revised Code or is not within an area under study 5,300
for such designation in an administrative proceeding commenced 5,301
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the 5,302
Revised Code unless in an area as to which an administrative 5,303
proceeding has commenced pursuant to division (A)(3)(c) or (B) of 5,304
section 1513.073 of the Revised Code, the operator making the 5,305
permit application demonstrates that, prior to January 1, 1977, 5,306
the operator made substantial legal and financial commitments in 5,308
relation to the operation for which a permit is sought;. 5,310
(e) In cases where the private mineral estate has been 5,312
severed from the private surface estate, the applicant has 5,313
121
submitted to the chief one of the following: 5,314
(i) The written consent of the surface owner to the 5,316
extraction of coal by strip mining methods; 5,317
(ii) A conveyance that expressly grants or reserves the 5,319
right to extract the coal by strip mining methods; 5,320
(iii) If the conveyance does not expressly grant the right 5,322
to extract coal by strip mining methods, the surface-subsurface 5,323
legal relationship shall be determined under the law of this 5,324
state. This chapter does not authorize the chief to adjudicate 5,325
property rights disputes. 5,326
(3)(a) The applicant shall file with the permit 5,328
application a schedule listing all notices of violations of any 5,329
law, rule, or regulation of the United States or of any 5,330
department or agency thereof or of any state pertaining to air or 5,331
water environmental protection incurred by the applicant in 5,332
connection with any coal mining operation during the three-year 5,333
period prior to the date of application. The schedule also shall 5,334
indicate the final resolution of such a notice of violation. 5,335
Upon receipt of an application, the chief shall provide a 5,336
schedule listing all notices of violations of this chapter 5,337
pertaining to air or water environmental protection incurred by 5,338
the applicant during the three-year period prior to receipt of 5,339
the application and the final resolution of all such notices of 5,340
violation. The chief shall provide this schedule to the 5,341
applicant for filing by the applicant with the application filed 5,342
for public review, as required by division (B)(6) of this 5,343
section. When the schedule or other information available to the 5,344
chief indicates that any coal mining operation owned or 5,345
controlled by the applicant is currently in violation of such 5,346
laws, the permit shall not be issued until the applicant submits 5,347
proof that the violation has been corrected or is in the process 5,348
of being corrected to the satisfaction of the regulatory 5,349
authority, department, or agency that has jurisdiction over the 5,350
violation and that any civil penalties owed to the state for a 5,351
122
violation and not the subject of an appeal have been paid. No 5,352
permit shall be issued to an applicant after a finding by the 5,353
chief that the applicant or the operator specified in the 5,354
application controls or has controlled mining operations with a 5,355
demonstrated pattern of willful violations of this chapter of a 5,356
nature and duration to result in irreparable damage to the 5,357
environment as to indicate an intent not to comply with or a 5,358
disregard of this chapter.
(b) Until October 1, 2004, for FOR the purposes of 5,360
division (E)(3)(a) of this section, any violation resulting from 5,362
an unanticipated event or condition at a surface coal mining 5,363
operation on lands eligible for remining under a permit held by 5,364
the person submitting an application for a coal mining permit
under this section shall not prevent issuance of that permit. As 5,365
used in this division, "unanticipated event or condition" means 5,366
an event or condition encountered in a remining operation that 5,367
was not contemplated by the applicable surface coal mining and 5,368
reclamation permit.
(4)(a) In addition to finding the application in 5,370
compliance with division (E)(2) of this section, if the area 5,371
proposed to be mined contains prime farmland as determined 5,372
pursuant to division (B)(2)(p) of this section, the chief, after 5,374
consultation with the secretary of the United States department 5,375
of agriculture and pursuant to regulations issued by the 5,376
secretary of the interior with the concurrence of the secretary 5,377
of agriculture, may grant a permit to mine on prime farmland if 5,378
the chief finds in writing that the operator has the
technological capability to restore the mined area, within a 5,379
reasonable time, to equivalent or higher levels of yield as 5,380
nonmined prime farmland in the surrounding area under equivalent 5,381
levels of management and can meet the soil reconstruction 5,382
standards in section 1513.16 of the Revised Code. 5,383
(b) Division (E)(4)(a) of this section does not apply to a 5,385
permit issued prior to August 3, 1977, or revisions or renewals 5,386
123
thereof. 5,387
(5) The chief shall issue an order denying a permit after 5,389
finding that the applicant has misrepresented or omitted any 5,391
material fact in the application for the permit. 5,392
(6) The chief may issue an order denying a permit after 5,394
finding that the applicant, any partner, if the applicant is a 5,396
partnership, any officer, principal shareholder, or director, if 5,397
the applicant is a corporation, or any other person who has a 5,398
right to control or in fact controls the management of the 5,399
applicant or the selection of officers, directors, or managers of 5,400
the applicant has been a sole proprietor or partner, officer, 5,401
director, principal shareholder, or person having the right to 5,402
control or has in fact controlled the management of or the 5,403
selection of officers, directors, or managers of a business 5,404
entity that ever has had a coal mining license or permit issued 5,405
by this or any other state or the United States suspended or 5,406
revoked, ever has forfeited a coal or surface mining bond or 5,407
security deposited in lieu of bond in this or any other state or 5,408
with the United States, or ever has substantially or materially 5,409
failed to comply with this chapter. 5,410
(7) When issuing a permit under this section, the chief 5,412
may authorize an applicant to conduct coal mining and reclamation 5,413
operations on areas to be covered by the permit that were 5,414
affected by coal mining operations before August 3, 1977, that 5,415
have resulted in continuing water pollution from or on the 5,416
previously mined areas for the purpose of potentially reducing 5,417
the pollution loadings of pH, iron, and manganese from discharges 5,418
from or on the previously mined areas. Following the chief's 5,419
authorization to conduct such operations on those areas, the 5,420
areas shall be designated as pollution abatement areas for the 5,421
purposes of this chapter. 5,422
The chief shall not grant an authorization under division 5,424
(E)(7) of this section to conduct coal mining and reclamation 5,425
operations on any such previously mined areas unless the 5,426
124
applicant demonstrates to the chief's satisfaction that all of 5,427
the following conditions are met: 5,428
(a) The applicant's pollution abatement plan for mining 5,430
and reclaiming the previously mined areas represents the best 5,431
available technology economically achievable; 5,432
(b) Implementation of the plan will potentially reduce 5,434
pollutant loadings of pH, iron, and manganese resulting from 5,435
discharges of surface waters or ground water from or on the 5,436
previously mined areas within the permit area; 5,437
(c) Implementation of the plan will not cause any 5,439
additional degradation of surface water quality off the permit 5,440
area with respect to pH, iron, and manganese; 5,441
(d) Implementation of the plan will not cause any 5,443
additional degradation of ground water; 5,444
(e) The plan meets the requirements governing mining and 5,446
reclamation of such previously mined pollution abatement areas 5,447
established by the chief in rules adopted under section 1513.02 5,448
of the Revised Code; 5,449
(f) Neither the applicant; any partner, if the applicant 5,451
is a partnership; any officer, principal shareholder, or 5,452
director, if the applicant is a corporation; any other person who 5,453
has a right to control or in fact controls the management of the 5,454
applicant or the selection of officers, directors, or managers of 5,455
the applicant; nor any contractor or subcontractor of the 5,456
applicant, has any of the following: 5,457
(i) Responsibility or liability under this chapter or 5,459
rules adopted under it as an operator for treating the discharges 5,460
of water pollutants from or on the previously mined areas for 5,461
which the authorization is sought; 5,462
(ii) Any responsibility or liability under this chapter or 5,464
rules adopted under it for reclaiming the previously mined areas 5,465
for which the authorization is sought; 5,466
(iii) During the eighteen months prior to submitting the 5,468
permit application requesting an authorization under division 5,469
125
(E)(7) of this section, had a coal mining and reclamation permit 5,470
suspended or revoked under division (D)(3) of section 1513.02 of 5,471
the Revised Code for violating this chapter or Chapter 6111. of 5,472
the Revised Code or rules adopted under them with respect to 5,473
water quality, effluent limitations, or surface or ground water 5,474
monitoring; 5,475
(iv) Ever forfeited a coal or surface mining bond or 5,477
security deposited in lieu of a bond in this or any other state 5,478
or with the United States. 5,479
(F)(1) During the term of the permit, the permittee may 5,481
submit an application for a revision of the permit, together with 5,482
a revised reclamation plan, to the chief. 5,483
(2) An application for a revision of a permit shall not be 5,485
approved unless the chief finds that reclamation required by this 5,486
chapter can be accomplished under the revised reclamation plan. 5,487
The revision shall be approved or disapproved within ninety days 5,488
after receipt of a complete revision application. The chief 5,489
shall establish, by rule, criteria for determining the extent to 5,490
which all permit application information requirements and 5,491
procedures, including notice and hearings, shall apply to the 5,492
revision request, except that any revisions that propose 5,493
significant alterations in the reclamation plan, at a minimum, 5,495
shall be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit 5,497
except incidental boundary revisions shall be made by application 5,498
for a permit. 5,499
(G) No transfer, assignment, or sale of the rights granted 5,501
under a permit issued pursuant to this chapter shall be made 5,502
without the written approval of the chief. 5,503
(H) The chief, within a time limit prescribed in the 5,505
chief's rules, shall review outstanding permits and may require 5,507
reasonable revision or modification of a permit. A revision or 5,508
modification shall be based upon a written finding and subject to 5,509
notice and hearing requirements established by rule of the chief. 5,510
126
(I)(1) If an informal conference has been held pursuant to 5,512
section 1513.071 of the Revised Code, the chief shall issue and 5,513
furnish the applicant for a permit, persons who participated in 5,514
the informal conference, and persons who filed written objections 5,515
pursuant to division (B) of section 1513.071 of the Revised Code, 5,516
with the written finding of the chief granting or denying the 5,517
permit in whole or in part and stating the reasons therefor 5,518
within sixty days of the conference. 5,519
(2) If there has been no informal conference held pursuant 5,521
to section 1513.071 of the Revised Code, the chief shall notify 5,522
the applicant for a permit within a reasonable time as provided 5,523
by rule of the chief, taking into account the time needed for 5,524
proper investigation of the site, the complexity of the permit 5,525
application, whether or not a written objection to the 5,526
application has been filed, and whether the application has been 5,527
approved or disapproved in whole or in part. 5,528
(3) If the application is approved, the permit shall be 5,530
issued. If the application is disapproved, specific reasons 5,531
therefor shall be set forth in the notification. Within thirty 5,532
days after the applicant is notified of the final decision of the 5,533
chief on the permit application, the applicant or any person with 5,534
an interest that is or may be adversely affected may appeal the 5,535
decision to the reclamation commission pursuant to section 5,537
1513.13 of the Revised Code. 5,538
(4) Any applicant or any person with an interest that is 5,540
or may be adversely affected who has participated in the 5,541
administrative proceedings as an objector and is aggrieved by the 5,542
decision of the reclamation commission, or if the commission 5,544
fails to act within the time limits specified in this chapter, 5,545
may appeal in accordance with section 1513.14 of the Revised 5,546
Code.
Sec. 1513.072. (A) Coal exploration operations that 5,555
substantially disturb the natural land surface shall be conducted 5,556
in accordance with exploration rules adopted by the chief of the 5,557
127
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 5,558
The rules shall include, at a minimum: 5,559
(1) The requirement that prior to conducting any 5,561
exploration under this section, any person shall file with the 5,562
chief notice of intention to explore, which shall include a 5,563
description of the exploration area and period of proposed 5,564
exploration; 5,565
(2) Provisions for reclamation in accordance with the 5,567
performance standards in section 1513.16 of the Revised Code of 5,568
all lands disturbed in exploration, including excavations, roads, 5,569
drill holes, and the removal of necessary facilities and 5,570
equipment. 5,571
(B) Information submitted to the chief pursuant to this 5,573
section as confidential concerning trade secrets or privileged 5,574
commercial or financial information that relates to the 5,575
competitive rights of the person or entity intending to explore 5,576
the described area shall not be available for public examination. 5,577
(C) A person who conducts any coal exploration activities 5,579
that substantially disturb the natural land surface in violation 5,580
of this section or rules issued ADOPTED pursuant thereto is 5,581
subject to division (F)(E) of section 1513.02 of the Revised 5,583
Code.
(D) No person shall remove more than two hundred fifty 5,585
tons of coal pursuant to an exploration permit without the 5,586
specific written approval of the chief. 5,587
Sec. 1513.073. (A)(1) Upon petition pursuant to division 5,596
(B) of this section, the chief of the division of mines and 5,597
reclamation MINERAL RESOURCES MANAGEMENT shall designate an area 5,599
as unsuitable for all or certain types of coal mining operations 5,600
if the chief determines that reclamation pursuant to the 5,601
requirements of this chapter is not technologically and 5,602
economically feasible.
(2) Upon petition pursuant to division (B) of this 5,604
section, a surface area may be designated unsuitable for all or 5,605
128
certain types of coal mining operations if the operations will: 5,606
(a) Be incompatible with existing state or local land use 5,608
plans or programs; 5,609
(b) Affect fragile or historic lands in which the 5,611
operations could result in significant damage to important 5,612
historic, cultural, scientific, and esthetic values and natural 5,613
systems; 5,614
(c) Affect renewable resource lands in which the 5,616
operations could result in a substantial loss or reduction of 5,617
long-range productivity of water supply or of food or fiber 5,618
products, or aquifers and aquifer recharge areas; 5,619
(d) Affect natural hazard lands in which the operations 5,621
could substantially endanger life and property, such lands to 5,622
include areas subject to frequent flooding and areas of unstable 5,623
geology. 5,624
(3) The chief shall develop the following: 5,626
(a) A data base and an inventory system that will permit 5,628
proper evaluation of the capacity of different land areas of the 5,629
state to support and permit reclamation of coal mining 5,630
operations; 5,631
(b) A method or methods for implementing land use planning 5,633
decisions concerning coal mining operations; 5,634
(c) Procedures for proper notice and opportunities for 5,636
public participation, including a public meeting prior to making 5,637
any designation or redesignation, pursuant to this section. 5,638
(4) Determinations of the unsuitablity of land for coal 5,640
mining, as provided for in this section, shall be integrated as 5,641
closely as possible with present and future land use planning and 5,642
regulation processes at the federal, state, and local levels. 5,643
(5) The requirements of this section shall DO not apply to 5,645
lands on which coal mining operations were being conducted on 5,646
August 3, 1977, or under a permit issued pursuant to Chapter 5,647
1513. of the Revised Code THIS CHAPTER, or where substantial 5,648
legal and financial commitments in the operation were in 5,649
129
existence prior to January 4, 1977. 5,650
(B) A person having an interest that is or may be 5,652
adversely affected may petition the chief to have an area 5,653
designated as unsuitable for coal mining operations or to have 5,654
such a designation terminated. The petition shall contain 5,655
allegations of facts with supporting evidence that would tend to 5,656
establish the allegations. The chief shall hold a public meeting 5,657
in the locality of the affected area, after appropriate notice 5,658
and publication of the date, time, and location of the meeting 5,659
within ninety days after receipt of the petition, provided THAT 5,660
the chief may extend the time for holding the meeting an 5,661
additional two hundred ten days when, in his THE CHIEF'S 5,662
judgment, such additional time is needed for adequate review of 5,664
the petition. Any person may appear at the meeting and present a 5,665
statement or evidence regarding the petition. Within sixty days 5,666
after the meeting, the chief shall issue and furnish to the 5,667
petitioner and any other participant at the meeting a written 5,668
decision regarding the petition, and the reasons therefor. 5,669
(C) Prior to designating any land areas as unsuitable for 5,671
coal mining operations or terminating previous determinations of 5,672
unsuitability, the chief shall prepare a detailed statement on: 5,673
(1) The potential coal resources of the area; 5,675
(2) The demand for coal resources; 5,677
(3) The impact of the designation on the environment, the 5,679
economy, and the supply of coal. 5,680
(D) After August 3, 1977, and subject to valid existing 5,682
rights, no coal mining operations except those that existed on 5,683
August 3, 1977, shall be permitted: 5,684
(1) On any lands within the boundaries of units of the 5,686
national park system, the national wildlife refuge systems, the 5,687
national system of trails, the national wilderness preservation 5,688
system, the wild and scenic rivers system, including study rivers 5,689
designated under section 5(a) of the "Wild and Scenic Rivers 5,690
Act," 82 Stat. 906 (1968), 16 U.S.C.A. 1274, and national 5,691
130
recreation areas designated by act of congress; 5,692
(2) On any federal lands within the boundaries of any 5,694
national forest unless approval is granted by the secretary of 5,695
the United States department of the interior; 5,696
(3) That will adversely affect any publicly owned park or 5,698
any places included in the national register of historic sites 5,699
unless approved jointly by the chief and the federal, state, or 5,700
local agency with jurisdiction over the park or the historic 5,701
site; 5,702
(4) Within one hundred feet of the outside right-of-way 5,704
line of any public road, except where mine access roads or 5,705
haulage roads join such right-of-way line and except that the 5,706
chief may permit the roads to be relocated or the area affected 5,707
to lie within one hundred feet of such road if after public 5,708
notice and opportunity for public meeting in the locality of the 5,709
affected area a written finding is made that the interests of the 5,710
public and the landowners affected thereby will be protected; 5,711
(5) Within three hundred feet from any occupied dwelling, 5,713
unless waived by the owner thereof, nor within three hundred feet 5,714
of any public building, school, church, community, or 5,715
institutional building, OR public park, nor within one hundred 5,716
feet of a cemetery. 5,717
Sec. 1513.08. (A) After a coal mining and reclamation 5,726
permit application has been approved, but before the permit is 5,727
issued, the applicant shall file with the chief of the division 5,729
of mines and reclamation MINERAL RESOURCES MANAGEMENT, on a form 5,730
prescribed and furnished by the chief, a bond for performance 5,732
payable, as appropriate, to the state and conditioned upon 5,733
faithful performance of all the requirements of this chapter and 5,734
the permit. The bond shall be in the amount of twenty-five 5,735
hundred dollars times the number of acres of land upon which the 5,736
operator states in his THE application for a permit he THE 5,737
OPERATOR will initiate and conduct coal mining and reclamation 5,738
operations within the initial term of the permit. The minimum
131
amount of a bond shall be ten thousand dollars. The bond shall 5,739
cover areas of land affected by mining within or immediately 5,740
adjacent to the permitted area, so long as the total number of 5,741
acres does not exceed the number of acres bonded. However, the 5,742
authority for bond to cover areas of land immediately adjacent to 5,743
the permitted area does not authorize a permittee to mine areas 5,744
outside an approved permit area. As succeeding increments of 5,745
coal mining and reclamation operations are to be initiated and 5,746
conducted within the permit area, the permittee shall file with 5,747
the chief an additional bond or bonds to cover the increments in 5,748
accordance with this section. In the event of forfeiture of a 5,749
bond, if the bond is insufficient to complete the reclamation, 5,750
the chief shall complete the reclamation in accordance with 5,751
section 1513.18 of the Revised Code using funds from the 5,752
reclamation supplemental forfeiture fund created in that section. 5,753
(B) Liability under the bond shall be for the duration of 5,755
the coal mining and reclamation operation and for a period 5,756
coincident with the operator's responsibility for revegetation 5,757
requirements under section 1513.16 of the Revised Code. The bond 5,758
shall be executed by the operator and a corporate surety licensed 5,759
to do business in this state, except that the operator may elect 5,760
to deposit cash, negotiable bonds of the United States or this 5,762
state, or negotiable certificates of deposit of any bank or 5,763
savings and loan association organized or transacting business in 5,764
the United States. The cash deposit or market value of the 5,765
securities shall be equal to or greater than the amount of the 5,766
bond required for the bonded area.
(C) The chief may accept the bond of the applicant itself 5,768
without separate surety when the applicant demonstrates to the 5,769
satisfaction of the chief the existence of a suitable agent to 5,770
receive service of process and a history of financial solvency 5,771
and continuous operation sufficient for authorization to 5,772
self-insure or bond the amount. 5,773
(D) Cash or securities so deposited shall be deposited 5,775
132
upon the same terms as the terms upon which surety bonds may be 5,776
deposited. The securities shall be security for the repayment of 5,777
the negotiable certificate of deposit. 5,778
(E) The amount of the bond or deposit required and the 5,780
terms of each acceptance of the applicant's bond shall be 5,781
adjusted by the chief from time to time as affected land acreages 5,782
are increased or decreased. 5,783
Sec. 1513.09. (A) The chief of the division of mines and 5,792
reclamation MINERAL RESOURCES MANAGEMENT shall cause to be made 5,793
such inspections of any coal mining and reclamation operations as 5,795
he THE CHIEF considers necessary. The chief and his authorized 5,796
representatives shall OF THE CHIEF have a right of entry to, 5,797
upon, or through any area of land upon which coal mining and 5,799
reclamation operations are being conducted or upon which the 5,800
chief or his authorized representative has reason to believe such 5,801
operations are being conducted for the purpose of performing such 5,802
inspections.
(B) For the purpose of administration and enforcement of 5,804
any requirement of this chapter or in the administration and 5,805
enforcement of any permit under this chapter or of determining 5,806
whether any person is in violation of any requirement of this 5,807
chapter: 5,808
(1) The chief shall require any permittee or operator to: 5,810
(a) Establish and maintain appropriate records; 5,812
(b) Make monthly reports to the chief; 5,814
(c) Install, use, and maintain any necessary monitoring 5,816
equipment or methods; 5,817
(d) Evaluate results in accordance with such methods, at 5,819
such locations, intervals, and in such manner as the chief shall 5,820
prescribe; 5,821
(e) Provide such other information relative to coal mining 5,823
and reclamation operations as the chief considers reasonable and 5,824
necessary. 5,825
(2) For those coal mining and reclamation operations that 5,827
133
remove or disturb strata that serve as aquifers that 5,828
significantly ensure the hydrologic balance of water use either 5,829
on or off the mining site, the chief shall specify those: 5,830
(a) Monitoring sites to record the quantity and quality of 5,832
surface drainage above and below the minesite, as well as in the 5,833
potential zone of influence; 5,834
(b) Monitoring sites to record level, amount, and samples 5,836
of ground water and aquifers potentially affected by the mining, 5,837
including aquifers directly below the lower-most, deepest, coal 5,838
seam to be mined; 5,839
(c) Records of well logs and borehole data to be 5,841
maintained; 5,842
(d) Monitoring sites to record precipitation. 5,844
The monitoring and data collection and analysis required by 5,846
this section shall be conducted according to standards and 5,847
procedures set forth, by rule, by the chief in order to assure 5,848
their reliability and validity. 5,849
(3) The authorized representatives of the chief, without 5,851
advance notice and upon presentation of appropriate credentials: 5,852
(a) May enter into, upon, or through any coal mining and 5,854
reclamation operations, any premises upon which the authorized 5,855
representatives have a reasonable belief that such operations are 5,856
being conducted, or any premises in which any records required to 5,857
be maintained under division (B)(1) of this section are located; 5,858
(b) May, during office hours, have access to and copy any 5,860
records and at reasonable times, without delay, any monitoring 5,861
equipment or method of operation required under this chapter. 5,862
(C) The inspections by the chief or his AN authorized 5,864
representative OF THE CHIEF shall: 5,865
(1) Occur on an irregular basis averaging not less than 5,867
one partial inspection per month and one complete inspection per 5,868
calendar quarter for the coal mining and reclamation operation 5,869
covered by each permit; 5,870
(2) Occur without prior notice to the permittee or his THE 5,872
134
PERMITTEE'S agents or employees, except for necessary onsite 5,873
meetings with the permittee; 5,874
(3) Include the filing of inspection records adequate to 5,876
enforce the requirements of and to carry out the terms and 5,877
purposes of this chapter. 5,878
(D) Each permittee shall conspicuously maintain at the 5,880
entrances to the coal mining and reclamation operations a clearly 5,881
visible sign that sets forth the name, business address, and 5,882
phone number of the permittee and the permit number of the coal 5,883
mining and reclamation operations. 5,884
(E) Each inspection officer MINERAL RESOURCES INSPECTOR, 5,886
upon detection of each violation of any requirement of Chapter 5,888
1513. of the Revised Code THIS CHAPTER, shall immediately inform 5,890
the operator in writing and shall report in writing any such 5,891
violation to the chief.
(F) Copies of any records, reports, inspection material, 5,893
or information obtained under this chapter by the chief shall be 5,894
made available immediately to the public at central and 5,895
sufficient locations in the county, multi-county, and state area 5,896
of mining so that they are conveniently available to residents in 5,897
the areas of mining. 5,898
(G)(1) A person who is or may be adversely affected by a 5,900
coal mining operation may notify the chief or any representative 5,901
of the chief responsible for conducting the inspection, in 5,902
writing, of any violation of this chapter that he THE PERSON has 5,903
reason to believe exists at the mining site. The chief shall, by 5,904
rule, establish procedures for informal review of any refusal by 5,905
his AN authorized representative to issue a notice of violation 5,906
or order with respect to any such alleged violation. The chief 5,907
shall furnish the persons requesting the review a written 5,908
statement of the reasons for the chief's final disposition of the 5,909
matter.
(2) The chief shall also, by rule, establish procedures to 5,911
ensure that adequate and complete inspections are made. Any 5,912
135
person who is aggrieved or adversely affected may notify the 5,913
chief of any failure to make such inspections, after which the 5,914
chief shall determine whether adequate and complete inspections 5,915
have been made. The chief shall furnish such persons a written 5,916
statement of the reasons for the chief's determination that 5,917
adequate and complete inspections have or have not been 5,918
conducted. 5,919
Sec. 1513.11. Every order of the chief of the division of 5,928
mines and reclamation MINERAL RESOURCES MANAGEMENT or his AN 5,929
authorized representative OF THE CHIEF affecting the rights, 5,931
duties, or privileges of an operator or his THE OPERATOR'S surety 5,933
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. 5,934
Notice of the order shall be given by certified mail or personal 5,935
service to the person whose rights, duties, or privileges are 5,936
affected.
Sec. 1513.13. (A)(1) A person having an interest that is 5,945
or may be adversely affected by a finding or determination of the 5,947
chief of the division of mines and reclamation MINERAL RESOURCES 5,949
MANAGEMENT made under section 1509.08, 1561.35, 1561.351, 5,950
1563.13, or 6111.044 of the Revised Code or an investigation made 5,953
by the chief under section 1561.51 of the Revised Code may appeal 5,956
to the mine examining board in accordance with those sections. 5,957
Any other person having an interest that is or may be adversely 5,960
affected by a notice of violation, order, or decision of the 5,961
chief, other than a show cause order or an order that adopts a 5,963
rule, or by any modification, vacation, or termination of such a 5,964
notice, order, or decision, may appeal by filing a notice of 5,965
appeal with the reclamation commission for review of the notice, 5,966
order, or decision within thirty days after the notice, order, or 5,968
decision is served upon the person or within thirty days after 5,969
its modification, vacation, or termination and by filing a copy 5,970
of the notice of appeal with the chief within three days after 5,971
filing the notice of appeal with the commission. The notice of 5,973
136
appeal shall contain a copy of the notice of violation, order, or 5,974
decision complained of and the grounds upon which the appeal is 5,975
based. The commission has exclusive original jurisdiction to 5,977
hear and decide such appeals. The filing of a notice of appeal 5,978
under division (A)(1) of this section does not operate as a stay 5,979
of any order, notice of violation, or decision of the chief. 5,981
(2) The permittee, the chief, and other interested persons 5,983
shall be given written notice of the time and place of the 5,984
hearing at least five days prior thereto. The hearing shall be 5,985
of record. 5,986
(3) Any person authorized under this section to appeal to 5,988
the commission may request an informal review by the chief or the 5,990
chief's designee by filing a written request with the chief 5,991
within thirty days after a notice, order, decision, modification, 5,992
vacation, or termination is served upon the person. Filing of 5,993
the written request shall toll the time for appeal before the 5,994
commission, but shall not operate as a stay of any order, notice 5,996
of violation, or decision of the chief. The chief's
determination of an informal review is appealable to the 5,997
commission under this section. 5,998
(B) The commission shall affirm the notice of violation, 6,000
order, or decision of the chief unless the commission determines 6,002
that it is arbitrary, capricious, or otherwise inconsistent with 6,003
law; in that case the commission may modify the notice of 6,004
violation, order, or decision or vacate it and remand it to the 6,006
chief for further proceedings that the commission may direct. 6,008
The commission shall conduct hearings and render decisions 6,010
in a timely fashion, except that all of the following apply: 6,011
(1) When the appeal concerns an order for the cessation of 6,013
coal mining and reclamation operations issued pursuant to 6,014
division (D)(1) or (2) of section 1513.02 of the Revised Code, 6,015
the commission shall issue its written decision within thirty 6,017
days after the receipt of the appeal unless temporary relief has 6,018
been granted by the chairperson pursuant to division (C) of this 6,020
137
section;.
(2) When the appeal concerns an application for a permit 6,022
under division (I) of section 1513.07 of the Revised Code, the 6,023
commission shall hold a hearing within thirty days after receipt 6,025
of the notice of appeal and issue its decision within thirty days 6,026
after the hearing;. 6,027
(3) When the appeal concerns a decision of the chief 6,029
regarding release of bond under division (F) of section 1513.16 6,030
of the Revised Code, the commission shall hold a hearing within 6,032
thirty days after receipt of the notice of appeal and issue its 6,033
decision within sixty days after the hearing. 6,034
(C) The chairperson of the commission, under conditions 6,037
the chairperson prescribes, may grant temporary relief the 6,039
chairperson considers appropriate pending final determination of 6,040
an appeal if all of the following conditions are met: 6,041
(1) All parties to the appeal have been notified and given 6,043
an opportunity for a hearing to be held in the locality of the 6,044
subject site on the request for temporary relief and the 6,045
opportunity to be heard on the request;. 6,046
(2) The person requesting relief shows that there is a 6,048
substantial likelihood that the person will prevail on the 6,050
merits;.
(3) The relief will not adversely affect public health or 6,052
safety or cause significant imminent environmental harm to land, 6,053
air, or water resources. 6,054
The chairperson shall issue a decision expeditiously, 6,056
except that when the applicant requests relief from an order for 6,057
the cessation of coal mining and reclamation operations issued 6,058
pursuant to division (D)(1) or (2) of section 1513.02 of the 6,059
Revised Code, the decision shall be issued within five days after 6,060
its receipt. 6,061
Any party to an appeal filed with the commission who is 6,063
aggrieved or adversely affected by a decision of the chairperson 6,065
to grant or deny temporary relief under this section may appeal 6,066
138
that decision to the commission. The commission may confine its 6,068
review to the record developed at the hearing before the 6,069
chairperson.
The appeal shall be filed with the commission within thirty 6,072
days after the chairperson issues the decision on the request for 6,074
temporary relief. The commission shall issue a decision as 6,076
expeditiously as possible, except that when the appellant 6,077
requests relief from an order for the cessation of coal mining 6,078
and reclamation operations issued pursuant to division (D)(1) or 6,079
(2) of section 1513.02 of the Revised Code, the decision of the 6,080
commission shall be issued within five days after receipt of the 6,082
notice of appeal.
The commission shall affirm the decision of the chairperson 6,085
granting or denying temporary relief unless it determines that 6,086
the decision is arbitrary, capricious, or otherwise inconsistent 6,087
with law. 6,088
(D) Following the issuance of an order to show cause as to 6,090
why a permit should not be suspended or revoked pursuant to 6,091
division (D)(3) of section 1513.02 of the Revised Code, the chief 6,092
or a representative of the chief shall hold a public adjudicatory 6,094
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record. 6,095
Within sixty days following the public hearing, the chief 6,097
shall issue and furnish to the permittee and all other parties to 6,098
the hearing a written decision, and the reasons therefor, 6,099
concerning suspension or revocation of the permit. If the chief 6,100
revokes the permit, the permittee immediately shall cease coal 6,101
mining operations on the permit area and shall complete 6,102
reclamation within a period specified by the chief, or the chief 6,103
shall declare as forfeited the performance bonds for the 6,104
operation. 6,105
(E)(1) Whenever an enforcement order or permit decision is 6,107
appealed under this section or any action is filed under division 6,108
(B) of section 1513.15 or 1513.39 of the Revised Code, at the 6,109
139
request of a prevailing party, a sum equal to the aggregate 6,111
amount of all costs and expenses, including attorney's fees, as 6,112
determined to have been necessary and reasonably incurred by the 6,113
prevailing party for or in connection with participation in the 6,114
enforcement proceedings before the commission, the court under 6,115
section 1513.15 of the Revised Code, or the chief under section 6,117
1513.39 of the Revised Code, may be awarded, as considered 6,118
proper, in accordance with divisions (E)(1)(a) to (c) of this 6,119
section. In no event shall attorney's fees awarded under this 6,120
section exceed, for the kind and quality of services, the 6,121
prevailing market rates at the time the services were furnished 6,122
under division (A) of this section. A party may be entitled to 6,123
costs and expenses related solely to the preparation, defense, 6,124
and appeal of a petition for costs and expenses, provided THAT 6,125
the costs and expenses are limited and proportionate to costs and 6,126
expenses otherwise allowed under division (E) of this section. 6,127
(a) A party, other than the permittee or the division of 6,129
mines and reclamation MINERAL RESOURCES MANAGEMENT, shall file a 6,130
petition, if any, for an award of costs and expenses, including 6,132
attorney's fees, with the chief, who shall review the petition. 6,133
If the chief finds that the party, other than the permittee or 6,134
the division, prevailed in whole or in part, made a substantial 6,136
contribution to a full and fair determination of the issues, and 6,137
made a contribution separate and distinct from the contribution 6,138
made by any other party, the chief may award to that party the 6,139
party's costs and expenses, including attorney's fees that were 6,140
necessary and reasonably incurred by the party for, or in 6,141
connection with, participation in the proceeding before the 6,142
commission.
(b) If a permittee who made a request under division 6,144
(E)(1) of this section demonstrates that a party other than a 6,145
permittee who initiated an appeal under this section or 6,147
participated in such an appeal initiated or participated in the 6,148
appeal in bad faith and for the purpose of harassing or 6,149
140
embarrassing the permittee, the permittee may file a petition 6,150
with the chief. The chief may award to the permittee the costs 6,151
and expenses reasonably incurred by the permittee in connection 6,152
with participation in the appeal and assess those costs and 6,153
expenses against the party who initiated the appeal.
(c) The division may file, with the commission, a request 6,156
for an award to the division of the costs and expenses reasonably 6,158
incurred by the division in connection with an appeal initiated 6,159
under this section. The commission may assess those costs and 6,161
expenses against the party who initiated the appeal if the 6,162
division demonstrates that the party initiated or participated in 6,163
the appeal in bad faith and for the purpose of harassing or 6,164
embarrassing the division.
(2) Whenever an order issued under this section or as a 6,166
result of any administrative proceeding under this chapter is the 6,167
subject of judicial review, at the request of any party, a sum 6,168
equal to the aggregate amount of all costs and expenses, 6,169
including attorney's fees, as determined by the court to have 6,171
been necessary and reasonably incurred by the party for or in 6,172
connection with participation in the proceedings, may be awarded 6,173
to either party, in accordance with division (E)(1) of this 6,174
section, as the court, on the basis of judicial review, considers 6,175
proper.
Sec. 1513.15. (A) In addition to any other remedy under 6,184
Chapter 1513. of the Revised Code THIS CHAPTER, the chief of the 6,185
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 6,187
may request the attorney general to institute a civil action for 6,189
relief, including a permanent or temporary injunction,
restraining order, or any other appropriate order in the court of 6,190
common pleas of the county wherein a violation of this chapter is 6,191
occurring or has occurred whenever a person: 6,192
(1) Violates or fails or refuses to comply with any order 6,194
or decision issued by the chief under Chapter 1513. of the 6,195
Revised Code THIS CHAPTER; 6,196
141
(2) Interferes with, hinders, or delays the chief or his 6,198
authorized representatives OF THE CHIEF in carrying out Chapter 6,199
1513. of the Revised Code THIS CHAPTER; 6,200
(3) Refuses to admit an authorized representative to the 6,202
mine; 6,203
(4) Refuses to permit inspection of the mine by an 6,205
authorized representative; 6,206
(5) Refuses to furnish any information or report requested 6,208
by the chief in furtherance of Chapter 1513. of the Revised Code 6,209
THIS CHAPTER; 6,210
(6) Refuses to permit access to, and copying of, such 6,212
records as the chief determines necessary in carrying out Chapter 6,213
1513. of the Revised Code THIS CHAPTER. 6,214
The court shall issue an injunction upon demonstration that 6,216
a violation of this chapter is occurring or has occurred. 6,217
(B) Except as provided in division (D) of this section, 6,219
any person having an interest which THAT is or may be adversely 6,220
affected may commence a civil action on his THE PERSON'S own 6,221
behalf to compel compliance with Chapter 1513. of the Revised 6,222
Code THIS CHAPTER against any of the following: 6,223
(1) The division of mines and reclamation MINERAL 6,225
RESOURCES MANAGEMENT where the division is alleged to be in 6,227
violation of Chapter 1513. of the Revised Code THIS CHAPTER or of 6,229
any rule, order, or permit ADOPTED OR issued pursuant thereto, or
against any other person who is alleged to be in violation of any 6,230
rule, order, or permit ADOPTED OR issued pursuant to Chapter 6,231
1513. of the Revised Code THIS CHAPTER; 6,232
(2) The chief of the division of mines and reclamation 6,234
where there is alleged a failure of the chief to perform any act 6,235
or duty under Chapter 1513. of the Revised Code which THIS 6,236
CHAPTER THAT is not discretionary with the chief. 6,238
(C) No action may be commenced under division (B)(1) of 6,240
this section in either of the following situations: 6,241
(1) Prior to sixty days after the plaintiff has given 6,243
142
notice in writing of the violation to the chief and any alleged 6,244
violator; 6,245
(2) If the chief has commenced and is diligently 6,247
prosecuting a civil action in the appropriate court to require 6,248
compliance with Chapter 1513. of the Revised Code THIS CHAPTER or 6,250
of any rule, order, or permit ADOPTED OR issued pursuant thereto, 6,251
but in any such action any person may intervene as a matter of 6,253
right.
(D) No action may be commenced under division (B)(2) of 6,255
this section prior to sixty days after the plaintiff has given 6,256
notice in writing of such action to the chief in such manner as 6,257
the chief shall, by rule, prescribe, except that such action may 6,258
be brought immediately after such notification in the case where 6,259
the violation or order complained of constitutes an imminent 6,260
threat to the health or safety of the plaintiff or would 6,261
immediately affect a legal interest of the plaintiff. 6,262
(E) Any action respecting a violation of Chapter 1513. of 6,264
the Revised Code THIS CHAPTER or rules adopted thereunder may be 6,265
brought only in the court of common pleas of the county in which 6,267
the coal mining operation complained of is located. 6,268
(F) The court, in issuing any final order in any action 6,270
brought pursuant to division (B) of this section, may award to 6,271
any party costs of litigation, including attorney's and expert 6,272
witness fees that the court determines to have been necessary and 6,273
reasonably incurred, in accordance with division (E)(2) of 6,274
section 1513.13 of the Revised Code, and whenever the court 6,275
determines such an award is appropriate. 6,276
(G) Nothing in this section shall restrict any right which 6,278
THAT any person or class of persons may have under law to seek 6,279
enforcement of any of the provisions of Chapter 1513. of the 6,280
Revised Code THIS CHAPTER and the rules adopted thereunder, or to 6,281
seek any other relief, including relief against the chief. 6,283
(H) Any person who is injured in his person or property 6,285
through the violation by any operator of any rule, requirement, 6,286
143
order, or permit ADOPTED OR issued pursuant to Chapter 1513. of 6,288
the Revised Code THIS CHAPTER may bring an action for damages, 6,289
including reasonable attorney's and expert witness fees, in the 6,291
court of common pleas of Franklin county or in the court of 6,292
common pleas of the county in which the coal mining operation 6,293
complained of is located. Nothing in this division shall affect 6,294
the rights established by or limits imposed under worker's 6,295
compensation laws.
In any action under division (B), (C), (D), (E), (F), (G), 6,297
or (H) of this section, the secretary of the United States 6,298
department of the interior or the chief, if not a party, may 6,299
intervene as a matter of right. 6,300
(I) An owner of real property who obtains all or part of 6,302
his A supply of water for domestic, industrial, agricultural, or 6,303
other legitimate use from an underground source other than a 6,304
subterranean stream having a permanent, distinct, and known 6,305
channel, may maintain an action against an operator to recover 6,306
damages for contamination, diminution, or interruption of such 6,307
water supply, proximately resulting from coal mining. 6,308
A servient tract of land is not bound to receive surface 6,310
water contaminated by coal mining on a dominant tract of land, 6,311
and the owner of the servient tract may maintain an action 6,312
against an operator to recover damages proximately resulting from 6,313
the natural drainage from the dominant tract of surface waters 6,314
contaminated by coal mining on the dominant tract. 6,315
This division shall not be construed as creating, 6,317
modifying, or affecting any right, liability, or remedy other 6,318
than as expressly provided herein, nor shall such division be 6,319
construed as creating, modifying, or affecting any right, 6,320
liability, or remedy of surface riparian owners. 6,321
(J) In addition to any municipal or county prosecuting 6,323
authority, the attorney general upon the request of the chief, 6,324
may prosecute any person who violates, or who fails to perform 6,325
any duty imposed by, Chapter 1513. of the Revised Code THIS 6,326
144
CHAPTER, or who violates any order or rule, or condition of a 6,328
permit or license issued by the chief. 6,329
(K) The civil penalties owed under section 1513.02 of the 6,331
Revised Code may be recovered in a civil action brought by the 6,332
attorney general upon the request of the chief of the division of 6,334
mines and reclamation.
Sec. 1513.16. (A) Any permit issued under this chapter to 6,343
conduct coal mining operations shall require that the operations 6,344
meet all applicable performance standards of this chapter and 6,345
such other requirements as the chief of the division of mines and 6,346
reclamation MINERAL RESOURCES MANAGEMENT shall adopt by rule. 6,348
General performance standards shall apply to all coal mining and 6,349
reclamation operations and shall require the operator at a 6,350
minimum to do all of the following: 6,351
(1) Conduct coal mining operations so as to maximize the 6,353
utilization and conservation of the solid fuel resource being 6,354
recovered so that reaffecting the land in the future through coal 6,355
mining can be minimized; 6,356
(2) Restore the land affected to a condition capable of 6,358
supporting the uses that it was capable of supporting prior to 6,359
any mining, or higher or better uses of which there is reasonable 6,360
likelihood, so long as the uses do not present any actual or 6,361
probable hazard to public health or safety or pose any actual or 6,362
probable threat of diminution or pollution of the waters of the 6,363
state, and the permit applicants' declared proposed land uses 6,364
following reclamation are not considered to be impractical or 6,365
unreasonable, to be inconsistent with applicable land use 6,366
policies and plans, to involve unreasonable delay in 6,367
implementation, or to violate federal, state, or local law; 6,368
(3) Except as provided in division (B) of this section, 6,370
with respect to all coal mining operations, backfill, compact 6,371
where advisable to ensure stability or to prevent leaching of 6,372
toxic materials, and grade in order to restore the approximate 6,373
original contour of the land with all highwalls, spoil piles, and 6,374
145
depressions eliminated unless small depressions are needed in 6,375
order to retain moisture to assist revegetation or as otherwise 6,376
authorized pursuant to this chapter, provided that if the 6,377
operator demonstrates that due to volumetric expansion the amount 6,378
of overburden and the spoil and waste materials removed in the 6,379
course of the mining operation are more than sufficient to 6,380
restore the approximate original contour, the operator shall 6,381
backfill, grade, and compact the excess overburden and other 6,382
spoil and waste materials to attain the lowest grade, but not 6,383
more than the angle of repose, and to cover all acid-forming and 6,384
other toxic materials in order to achieve an ecologically sound 6,385
land use compatible with the surrounding region in accordance 6,386
with the approved mining plan. The overburden or spoil shall be 6,387
shaped and graded in such a way as to prevent slides, erosion, 6,388
and water pollution and shall be revegetated in accordance with 6,389
this chapter. 6,390
(4) Stabilize and protect all surface areas, including 6,392
spoil piles affected by the coal mining and reclamation 6,393
operation, to control erosion and attendant air and water 6,394
pollution effectively; 6,395
(5) Remove the topsoil from the land in a separate layer, 6,397
replace it on the backfill area, or, if not utilized immediately, 6,398
segregate it in a separate pile from the spoil, and when the 6,399
topsoil is not replaced on a backfill area within a time short 6,400
enough to avoid deterioration of the topsoil, maintain a 6,401
successful cover by quick-growing plants or other means 6,402
thereafter so that the topsoil is preserved from wind and water 6,403
erosion, remains free of any contamination by acid or other toxic 6,404
material, and is in a usable condition for sustaining vegetation 6,405
when restored during reclamation. If the topsoil is of 6,406
insufficient quantity or of poor quality for sustaining 6,407
vegetation or if other strata can be shown to be more suitable 6,408
for vegetation requirements, the operator shall remove, 6,409
segregate, and preserve in a like manner such other strata as are 6,410
146
best able to support vegetation. 6,411
(6) Restore the topsoil or the best available subsoil that 6,413
is best able to support vegetation; 6,414
(7) For all prime farmlands as identified in division 6,416
(B)(2)(p) of section 1513.07 of the Revised Code to be mined and 6,417
reclaimed, perform soil removal, storage, replacement, and 6,418
reconstruction in accordance with specifications established by 6,420
the secretary of the United States department of agriculture
under the "Surface Mining Control and Reclamation Act of 1977," 6,421
91 Stat. 445, 30 U.S.C.A. 1201. The operator, at a minimum, 6,423
shall be required to do all of the following:
(a) Segregate the A horizon of the natural soil, except 6,425
where it can be shown that other available soil materials will 6,426
create a final soil having a greater productive capacity, and, if 6,427
not utilized immediately, stockpile this material separately from 6,428
the spoil and provide needed protection from wind and water 6,429
erosion or contamination by acid or other toxic material; 6,430
(b) Segregate the B horizon of the natural soil, or 6,432
underlying C horizons or other strata, or a combination of such 6,433
horizons or other strata that are shown to be both texturally and 6,434
chemically suitable for plant growth and that can be shown to be 6,435
equally or more favorable for plant growth than the B horizon, in 6,436
sufficient quantities to create in the regraded final soil a root 6,437
zone of comparable depth and quality to that which existed in the 6,438
natural soil, and, if not utilized immediately, stockpile this 6,439
material separately from the spoil and provide needed protection 6,440
from wind and water erosion or contamination by acid or other 6,441
toxic material; 6,442
(c) Replace and regrade the root zone material described 6,444
in division (A)(7)(b) of this section with proper compaction and 6,445
uniform depth over the regraded spoil material; 6,446
(d) Redistribute and grade in a uniform manner the surface 6,448
soil horizon described in division (A)(7)(a) of this section. 6,449
(8) Create, if authorized in the approved mining and 6,451
147
reclamation plan and permit, permanent impoundments of water on 6,452
mining sites as part of reclamation activities only when it is 6,453
adequately demonstrated by the operator that all of the following 6,454
conditions will be met: 6,455
(a) The size of the impoundment is adequate for its 6,457
intended purposes;. 6,458
(b) The impoundment dam construction will be so designed 6,460
as to achieve necessary stability with an adequate margin of 6,461
safety compatible with that of structures constructed under the 6,462
"Watershed Protection and Flood Prevention Act," 68 Stat. 666 6,463
(1954), 16 U.S.C. 1001, as amended;. 6,464
(c) The quality of impounded water will be suitable on a 6,466
permanent basis for its intended use and that discharges from the 6,467
impoundment will not degrade the water quality below water 6,468
quality standards established pursuant to applicable federal and 6,469
state law in the receiving stream;. 6,470
(d) The level of water will be reasonably stable;. 6,472
(e) Final grading will provide adequate safety and access 6,474
for proposed water users;. 6,475
(f) The water impoundments will not result in the 6,477
diminution of the quality or quantity of water utilized by 6,478
adjacent or surrounding landowners for agricultural, industrial, 6,479
recreational, or domestic uses. 6,480
(9) Conduct any augering operation associated with strip 6,482
mining in a manner to maximize recoverability of mineral reserves 6,483
remaining after the operation and reclamation are complete and 6,484
seal all auger holes with an impervious and noncombustible 6,485
material in order to prevent drainage, except where the chief 6,486
determines that the resulting impoundment of water in such auger 6,487
holes may create a hazard to the environment or the public health 6,488
or safety. The chief may prohibit augering if necessary to 6,489
maximize the utilization, recoverability, or conservation of the 6,490
solid fuel resources or to protect against adverse water quality 6,491
impacts. 6,492
148
(10) Minimize the disturbances to the prevailing 6,494
hydrologic balance at the mine site and in associated offsite 6,495
areas and to the quality and quantity of water in surface and 6,496
ground water systems both during and after coal mining operations 6,497
and during reclamation by doing all of the following: 6,498
(a) Avoiding acid or other toxic mine drainage by such 6,500
measures as, but not limited to: 6,501
(i) Preventing or removing water from contact with toxic 6,503
producing deposits; 6,504
(ii) Treating drainage to reduce toxic content that 6,506
adversely affects downstream water upon being released to water 6,507
courses in accordance with rules adopted by the chief in 6,508
accordance with section 1513.02 of the Revised Code; 6,509
(iii) Casing, sealing, or otherwise managing boreholes, 6,511
shafts, and wells, and keeping acid or other toxic drainage from 6,512
entering ground and surface waters. 6,513
(b)(i) Conducting coal mining operations so as to prevent, 6,515
to the extent possible using the best technology currently 6,516
available, additional contributions of suspended solids to 6,517
streamflow or runoff outside the permit area, but in no event 6,518
shall contributions be in excess of requirements set by 6,519
applicable state or federal laws; 6,520
(ii) Constructing any siltation structures pursuant to 6,522
division (A)(10)(b)(i) of this section prior to commencement of 6,523
coal mining operations. The structures shall be certified by 6,524
persons approved by the chief to be constructed as designed and 6,525
as approved in the reclamation plan. 6,526
(c) Cleaning out and removing temporary or large settling 6,528
ponds or other siltation structures from drainways after 6,529
disturbed areas are revegetated and stabilized, and depositing 6,530
the silt and debris at a site and in a manner approved by the 6,531
chief; 6,532
(d) Restoring recharge capacity of the mined area to 6,534
approximate premining conditions; 6,535
149
(e) Avoiding channel deepening or enlargement in 6,537
operations requiring the discharge of water from mines; 6,538
(f) Such other actions as the chief may prescribe. 6,540
(11) With respect to surface disposal of mine wastes, 6,542
tailings, coal processing wastes, and other wastes in areas other 6,543
than the mine working areas or excavations, stabilize all waste 6,544
piles in designated areas through construction in compacted 6,545
layers, including the use of noncombustible and impervious 6,546
materials if necessary, and ensure that the final contour of the 6,547
waste pile will be compatible with natural surroundings and that 6,548
the site can and will be stabilized and revegetated according to 6,549
this chapter; 6,550
(12) Refrain from coal mining within five hundred feet of 6,552
active and abandoned underground mines in order to prevent 6,553
breakthroughs and to protect the health or safety of miners. The 6,554
chief shall permit an operator to mine near, through, or 6,555
partially through an abandoned underground mine or closer than 6,556
five hundred feet to an active underground mine if all BOTH of 6,557
the following conditions are met: 6,559
(a) The nature, timing, and sequencing of the approximate 6,561
coincidence of specific strip mine activities with specific 6,562
underground mine activities are approved by the chief; 6,563
(b) The operations will result in improved resource 6,565
recovery, abatement of water pollution, or elimination of hazards 6,566
to the health and safety of the public. 6,567
(13) Design, locate, construct, operate, maintain, 6,569
enlarge, modify, and remove or abandon, in accordance with the 6,570
standards and criteria developed pursuant to rules adopted by the 6,571
chief, all existing and new coal mine waste piles consisting of 6,574
mine wastes, tailings, coal processing wastes, or other liquid 6,575
and solid wastes, and used either temporarily or permanently as 6,576
dams or embankments; 6,577
(14) Ensure that all debris, acid-forming materials, toxic 6,579
materials, or materials constituting a fire hazard are treated or 6,580
150
buried and compacted or otherwise disposed of in a manner 6,581
designed to prevent contamination of ground or surface waters and 6,582
that contingency plans are developed to prevent sustained 6,583
combustion; 6,584
(15) Ensure that all reclamation efforts proceed in an 6,586
environmentally sound manner and as contemporaneously as 6,587
practicable with the coal mining operations, except that where 6,588
the applicant proposes to combine strip mining operations with 6,589
underground mining operations to ensure maximum practical 6,590
recovery of the mineral resources, the chief may grant a variance 6,591
for specific areas within the reclamation plan from the 6,592
requirement that reclamation efforts proceed as contemporaneously 6,593
as practicable to permit underground mining operations prior to 6,594
reclamation if: 6,595
(a) The chief finds in writing that: 6,597
(i) The applicant has presented, as part of the permit 6,599
application, specific, feasible plans for the proposed 6,600
underground mining operations;. 6,601
(ii) The proposed underground mining operations are 6,603
necessary or desirable to ensure maximum practical recovery of 6,604
the mineral resource and will avoid multiple disturbance of the 6,605
surface;. 6,606
(iii) The applicant has satisfactorily demonstrated that 6,608
the plan for the underground mining operations conforms to 6,609
requirements for underground mining in this state and that 6,610
permits necessary for the underground mining operations have been 6,611
issued by the appropriate authority;. 6,612
(iv) The areas proposed for the variance have been shown 6,614
by the applicant to be necessary for the implementing of the 6,615
proposed underground mining operations;. 6,616
(v) No substantial adverse environmental damage, either 6,618
on-site or off-site, will result from the delay in completion of 6,619
reclamation as required by this chapter;. 6,620
(vi) Provisions for the off-site storage of spoil will 6,622
151
comply with division (A)(21) of this section. 6,623
(b) The chief has adopted specific rules to govern the 6,625
granting of such variances in accordance with this division and 6,626
has imposed such additional requirements as the chief considers 6,628
necessary;.
(c) Variances granted under this division shall be 6,630
reviewed by the chief not more than three years from the date of 6,631
issuance of the permit;. 6,632
(d) Liability under the bond filed by the applicant with 6,634
the chief pursuant to section 1513.08 of the Revised Code shall 6,635
be for the duration of the underground mining operations and 6,636
until the requirements of this section and section 1513.08 of the 6,637
Revised Code have been fully complied with. 6,638
(16) Ensure that the construction, maintenance, and 6,640
postmining conditions of access roads into and across the site of 6,641
operations will control or prevent erosion and siltation, 6,642
pollution of water, and damage to fish or wildlife or their 6,643
habitat, or to public or private property; 6,644
(17) Refrain from the construction of roads or other 6,646
access ways up a stream bed or drainage channel or in such 6,647
proximity to the channel as to seriously alter the normal flow of 6,648
water; 6,649
(18) Establish, on the regraded areas and all other lands 6,651
affected, a diverse, effective, and permanent vegetative cover of 6,652
the same seasonal variety native to the area of land to be 6,653
affected and capable of self-regeneration and plant succession at 6,654
least equal in extent of cover to the natural vegetation of the 6,655
area, except that introduced species may be used in the 6,656
revegetation process where desirable and necessary to achieve the 6,657
approved postmining land use plan; 6,658
(19)(a) Assume the responsibility for successful 6,660
revegetation, as required by division (A)(18) of this section, 6,661
for a period of five full years after the last year of augmented 6,662
seeding, fertilizing, irrigation, or other work in order to 6,663
152
ensure compliance with that division, except that when the chief 6,664
approves a long-term intensive agricultural postmining land use, 6,665
the applicable five-year period of responsibility for 6,666
revegetation shall commence at the date of initial planting for 6,667
that long-term intensive agricultural postmining land use, and 6,668
except that when the chief issues a written finding approving a 6,669
long-term intensive agricultural postmining land use as part of 6,670
the mining and reclamation plan, the chief may grant an exception 6,671
to division (A)(18) of this section; 6,672
(b) On lands eligible for remining, assume the 6,674
responsibility for successful revegetation, as required by 6,675
division (A)(18) of this section, for a period of two full years 6,676
after the last year of augmented seeding, fertilizing,
irrigation, or other work in order to ensure compliance with that 6,677
division.
(20) Protect off-site areas from slides or damage 6,679
occurring during the coal mining and reclamation operations and 6,680
not deposit spoil material or locate any part of the operations 6,681
or waste accumulations outside the permit area; 6,682
(21) Place all excess spoil material resulting from coal 6,684
mining and reclamation operations in such a manner that all of 6,685
the following apply: 6,686
(a) Spoil is transported and placed in a controlled manner 6,688
in position for concurrent compaction and in such a way as to 6,689
ensure mass stability and to prevent mass movement;. 6,690
(b) The areas of disposal are within the bonded permit 6,692
areas. All organic matter shall be removed immediately prior to 6,693
spoil placement except in the zoned concept method. 6,694
(c) Appropriate surface and internal drainage systems and 6,696
diversion ditches are used so as to prevent spoil erosion and 6,697
mass movement;. 6,698
(d) The disposal area does not contain springs, natural 6,700
watercourses, or wet weather seeps unless lateral drains are 6,701
constructed from the wet areas to the main underdrains in such a 6,702
153
manner that filtration of the water into the spoil pile will be 6,703
prevented unless the zoned concept method is used;. 6,704
(e) If placed on a slope, the spoil is placed upon the 6,706
most moderate slope among those slopes upon which, in the 6,707
judgment of the chief, the spoil could be placed in compliance 6,708
with all the requirements of this chapter and is placed, where 6,709
possible, upon, or above, a natural terrace, bench, or berm if 6,710
that placement provides additional stability and prevents mass 6,711
movement;. 6,712
(f) Where the toe of the spoil rests on a downslope, a 6,714
rock toe buttress of sufficient size to prevent mass movement is 6,715
constructed;. 6,716
(g) The final configuration is compatible with the natural 6,718
drainage pattern and surroundings and suitable for intended 6,720
uses;.
(h) Design of the spoil disposal area is certified by a 6,722
qualified registered professional engineer in conformance with 6,723
professional standards;. 6,724
(i) All other provisions of this chapter are met. 6,726
(22) Meet such other criteria as are necessary to achieve 6,728
reclamation in accordance with the purpose of this chapter, 6,729
taking into consideration the physical, climatological, and other 6,730
characteristics of the site; 6,731
(23) To the extent possible, using the best technology 6,733
currently available, minimize disturbances and adverse impacts of 6,734
the operation on fish, wildlife, and related environmental 6,735
values, and achieve enhancement of such resources where 6,736
practicable; 6,737
(24) Provide for an undisturbed natural barrier beginning 6,739
at the elevation of the lowest coal seam to be mined and 6,740
extending from the outslope for such distance as the chief shall 6,741
determine to be retained in place as a barrier to slides and 6,742
erosion. 6,743
(B)(1) The chief may permit mining operations for the 6,745
154
purposes set forth in division (B)(3) of this section. 6,746
(2) When an applicant meets the requirements of divisions 6,748
(B)(3) and (4) of this section, a permit without regard to the 6,749
requirement to restore to approximate original contour known as 6,750
mountain top removal set forth in divisions (A)(3) or (C)(2) and 6,751
(3) of this section may be granted for the mining of coal where 6,752
the mining operation will remove an entire coal seam or seams 6,753
running through the upper fraction of a mountain, ridge, or hill, 6,754
except as provided in division (B)(4)(a) of this section, by 6,755
removing all of the overburden and creating a level plateau or a 6,756
gently rolling contour with no highwalls remaining, and capable 6,757
of supporting postmining uses in accordance with this division. 6,758
(3) In cases where an industrial, commercial, 6,760
agricultural, residential, or public facility use, including 6,761
recreational facilities, is proposed for the postmining use of 6,763
the affected land, the chief may grant a permit for a mining
operation of the nature described in division (B)(2) of this 6,764
section when all of the following apply: 6,765
(a) After consultation with the appropriate land use 6,767
planning agencies, if any, the proposed postmining land use is 6,768
considered to constitute an equal or better economic or public 6,769
use of the affected land, as compared with premining use;. 6,770
(b) The applicant presents specific plans for the proposed 6,772
postmining land use and appropriate assurances that the use will 6,773
be all of the following: 6,774
(i) Compatible with adjacent land uses; 6,776
(ii) Obtainable according to data regarding expected need 6,778
and market; 6,779
(iii) Assured of investment in necessary public 6,781
facilities; 6,782
(iv) Supported by commitments from public agencies where 6,784
appropriate; 6,785
(v) Practicable with respect to private financial 6,787
capability for completion of the proposed use; 6,788
155
(vi) Planned pursuant to a schedule attached to the 6,790
reclamation plan so as to integrate the mining operation and 6,791
reclamation with the postmining land use; 6,792
(vii) Designed by a registered engineer in conformity with 6,794
professional standards established to ensure the stability, 6,795
drainage, and configuration necessary for the intended use of the 6,796
site. 6,797
(c) The proposed use is consistent with adjacent land uses 6,799
and existing state and local land use plans and programs;. 6,800
(d) The chief provides the governing body of the unit of 6,802
general-purpose local government in which the land is located, 6,803
and any state or federal agency that the chief, in the chief's 6,805
discretion, determines to have an interest in the proposed use,
an opportunity of not more than sixty days to review and comment 6,806
on the proposed use;. 6,807
(e) All other requirements of this chapter will be met. 6,809
(4) In granting a permit pursuant to this division, the 6,811
chief shall require that each of the following is met: 6,812
(a) The toe of the lowest coal seam and the overburden 6,814
associated with it are retained in place as a barrier to slides 6,815
and erosion;. 6,816
(b) The reclaimed area is stable;. 6,818
(c) The resulting plateau or rolling contour drains inward 6,820
from the outslopes except at specified points;. 6,821
(d) No damage will be done to natural watercourses;. 6,823
(e) Spoil will be placed on the mountaintop bench as is 6,825
necessary to achieve the planned postmining land use, except that 6,826
all excess spoil material not retained on the mountaintop bench 6,827
shall be placed in accordance with division (A)(21) of this 6,828
section;. 6,829
(f) Stability of the spoil retained on the mountaintop 6,831
bench is ensured and the other requirements of this chapter are 6,832
met. 6,833
(5) The chief shall adopt specific rules to govern the 6,835
156
granting of permits in accordance with divisions (B)(1) to (4) of 6,836
this section and may impose such additional requirements as the 6,837
chief considers necessary. 6,838
(6) All permits granted under divisions (B)(1) to (4) of 6,840
this section shall be reviewed not more than three years from the 6,841
date of issuance of the permit unless the applicant affirmatively 6,842
demonstrates that the proposed development is proceeding in 6,843
accordance with the terms of the approved schedule and 6,844
reclamation plan. 6,845
(C) All of the following performance standards apply to 6,847
steep-slope coal mining and are in addition to those general 6,848
performance standards required by this section, except that this 6,849
division does not apply to those situations in which an operator 6,850
is mining on flat or gently rolling terrain on which an 6,851
occasional steep slope is encountered through which the mining 6,852
operation is to proceed, leaving a plain or predominantly flat 6,853
area, or where an operator is in compliance with division (B) of 6,854
this section: 6,855
(1) The operator shall ensure that when performing coal 6,857
mining on steep slopes, no debris, abandoned or disabled 6,858
equipment, spoil material, or waste mineral matter is placed on 6,859
the downslope below the bench or mining cut. Spoil material in 6,860
excess of that required for the reconstruction of the approximate 6,861
original contour under division (A)(3) or (C)(2) of this section 6,862
shall be permanently stored pursuant to division (A)(21) of this 6,863
section. 6,864
(2) The operator shall complete backfilling with spoil 6,866
material to cover completely the highwall and return the site to 6,867
the approximate original contour, which material will maintain 6,868
stability following mining and reclamation. 6,869
(3) The operator shall not disturb land above the top of 6,871
the highwall unless the chief finds that the disturbance will 6,872
facilitate compliance with the environmental protection standards 6,873
of this section, except that any such disturbance involving land 6,874
157
above the highwall shall be limited to that amount of land 6,875
necessary to facilitate compliance. 6,876
(D)(1) The chief may permit variances for the purposes set 6,878
forth in division (D)(3) of this section, provided that the 6,879
watershed control of the area is improved and that complete 6,880
backfilling with spoil material shall be required to cover 6,881
completely the highwall, which material will maintain stability 6,882
following mining and reclamation. 6,883
(2) Where an applicant meets the requirements of divisions 6,885
(D)(3) and (4) of this section, a variance from the requirement 6,886
to restore to approximate original contour set forth in division 6,887
(C)(2) of this section may be granted for the mining of coal when 6,889
the owner of the surface knowingly requests in writing, as a part 6,890
of the permit application, that such a variance be granted so as 6,891
to render the land, after reclamation, suitable for an
industrial, commercial, residential, or public use, including 6,892
recreational facilities, in accordance with the provisions of 6,894
divisions (D)(3) and (4) of this section.
(3) A variance pursuant to division (D)(2) of this section 6,896
may be granted if: 6,897
(a) After consultation with the appropriate land use 6,899
planning agencies, if any, the potential use of the affected land 6,900
is considered to constitute an equal or better economic or public 6,901
use;. 6,902
(b) The postmining land condition is designed and 6,904
certified by a registered professional engineer in conformity 6,905
with professional standards established to ensure the stability, 6,906
drainage, and configuration necessary for the intended use of the 6,907
site;. 6,908
(c) After approval of the appropriate state environmental 6,910
agencies, the watershed of the affected land is considered to be 6,911
improved. 6,912
(4) In granting a variance pursuant to division (D) of 6,914
this section, the chief shall require that only such amount of 6,915
158
spoil will be placed off the mine bench as is necessary to 6,916
achieve the planned postmining land use, ensure stability of the 6,917
spoil retained on the bench, and meet all other requirements of 6,918
this chapter. All spoil placement off the mine bench shall 6,919
comply with division (A)(21) of this section. 6,920
(5) The chief shall adopt specific rules to govern the 6,922
granting of variances under division (D) of this section and may 6,923
impose such additional requirements as the chief considers 6,924
necessary. 6,925
(6) All variances granted under division (D) of this 6,927
section shall be reviewed not more than three years from the date 6,928
of issuance of the permit unless the permittee affirmatively 6,929
demonstrates that the proposed development is proceeding in 6,930
accordance with the terms of the reclamation plan. 6,931
(E) The chief shall establish standards and criteria 6,933
regulating the design, location, construction, operation, 6,934
maintenance, enlargement, modification, removal, and abandonment 6,935
of new and existing coal mine waste piles referred to in division 6,936
(A)(13) of this section and division (A)(5) of section 1513.35 of 6,937
the Revised Code. The standards and criteria shall conform to 6,938
the standards and criteria used by the chief of the United States 6,939
army corps of engineers to ensure that flood control structures 6,940
are safe and effectively perform their intended function. In 6,941
addition to engineering and other technical specifications, the 6,942
standards and criteria developed pursuant to this division shall 6,943
include provisions for review and approval of plans and 6,944
specifications prior to construction, enlargement, modification, 6,945
removal, or abandonment; performance of periodic inspections 6,946
during construction; issuance of certificates of approval upon 6,947
completion of construction; performance of periodic safety 6,948
inspections; and issuance of notices for required remedial or 6,949
maintenance work. 6,950
(F)(1) The permittee may file a request with the chief for 6,952
release of a part of a performance bond or deposit under division 6,953
159
(F)(3) of this section. Within thirty days after any request for 6,954
bond or deposit release under this section has been filed with 6,955
the chief, the operator shall submit a copy of an advertisement 6,956
placed at least once a week for four successive weeks in a 6,957
newspaper of general circulation in the locality of the coal 6,958
mining operation. The advertisement shall be considered part of 6,959
any bond release application and shall contain a notification of 6,960
the precise location of the land affected, the number of acres, 6,961
the permit number and the date approved, the amount of the bond 6,962
filed and the portion sought to be released, the type and 6,963
appropriate dates of reclamation work performed, and a 6,964
description of the results achieved as they relate to the 6,965
operator's approved reclamation plan and, if applicable, the 6,966
operator's pollution abatement plan. In addition, as part of any 6,967
bond release application, the applicant shall submit copies of 6,968
the letters sent to adjoining property owners, local governmental 6,969
bodies, planning agencies, and sewage and water treatment 6,970
authorities or water companies in the locality in which the coal 6,971
mining and reclamation activities took place, notifying them of 6,972
the applicant's intention to seek release from the bond. 6,973
(2) Upon receipt of a copy of the advertisement and 6,975
request for release of a bond or deposit under division (F)(3)(c) 6,976
of this section, the chief, within thirty days, shall conduct an 6,977
inspection and evaluation of the reclamation work involved. The 6,978
evaluation shall consider, among other things, the degree of 6,979
difficulty to complete any remaining reclamation, whether 6,980
pollution of surface and subsurface water is occurring, the 6,981
probability of continuation or future occurrence of the 6,982
pollution, and the estimated cost of abating the pollution. The 6,983
chief shall notify the permittee in writing of the decision to 6,984
release or not to release all or part of the performance bond or 6,985
deposit within sixty days after the filing of the request if no 6,986
public hearing is held pursuant to division (F)(6) of this 6,987
section or, if there has been a public hearing held pursuant to 6,988
160
division (F)(6) of this section, within thirty days thereafter. 6,989
(3) The chief may release the bond or deposit if the 6,991
reclamation covered by the bond or deposit or portion thereof has 6,992
been accomplished as required by this chapter and rules adopted 6,993
under it according to the following schedule: 6,994
(a) When the operator completes the backfilling, 6,996
regrading, and drainage control of a bonded area in accordance 6,997
with the approved reclamation plan, and, if the area covered by 6,999
the bond or deposit is one for which an authorization was made 7,000
under division (E)(7) of section 1513.07 of the Revised Code, the 7,001
operator has complied with the approved pollution abatement plan 7,002
and all additional requirements established by the chief in rules 7,003
adopted under section 1513.02 of the Revised Code governing coal 7,004
mining and reclamation operations on pollution abatement areas, 7,005
the chief shall grant a release of fifty per cent of the bond or 7,006
deposit for the applicable permit area;. 7,007
(b) After resoiling and revegetation have been established 7,009
on the regraded mined lands in accordance with the approved 7,010
reclamation plan, the chief shall grant a release in an amount 7,011
not exceeding thirty-five per cent of the original bond or 7,012
deposit for all or part of the affected area under the permit. 7,013
When determining the amount of bond to be released after 7,014
successful revegetation has been established, the chief shall 7,015
retain that amount of bond for the revegetated area that would be 7,016
sufficient for a third party to cover the cost of reestablishing 7,017
revegetation for the period specified for operator responsibility 7,018
in this section for reestablishing revegetation. No part of the 7,019
bond or deposit shall be released under this division so long as 7,020
the lands to which the release would be applicable are 7,021
contributing suspended solids to streamflow or runoff outside the 7,022
permit area in excess of the requirements of this section or 7,023
until soil productivity for prime farmlands has returned to 7,024
equivalent levels of yield as nonmined land of the same soil type 7,025
in the surrounding area under equivalent management practices as 7,026
161
determined from the soil survey performed pursuant to section 7,027
1513.07 of the Revised Code. If the area covered by the bond or 7,028
deposit is one for which an authorization was made under division 7,029
(E)(7) of section 1513.07 of the Revised Code, no part of the 7,030
bond or deposit shall be released under this division until the 7,031
operator has complied with the approved pollution abatement plan 7,032
and all additional requirements established by the chief in rules 7,033
adopted under section 1513.02 of the Revised Code governing coal 7,034
mining and reclamation operations on pollution abatement areas. 7,035
Where a silt dam is to be retained as a permanent impoundment 7,036
pursuant to division (A)(10) of this section, the portion of bond 7,037
may be released under this division so long as provisions for 7,038
sound future maintenance by the operator or the landowner have 7,039
been made with the chief. 7,040
(c) When the operator has completed successfully all coal 7,042
mining and reclamation activities, including, if applicable, all 7,043
additional requirements established in the pollution abatement 7,044
plan approved under division (E)(7) of section 1513.07 of the 7,045
Revised Code and all additional requirements established by the 7,046
chief in rules adopted under section 1513.02 of the Revised Code 7,047
governing coal mining and reclamation operations on pollution 7,048
abatement areas, the chief shall release all or any of the 7,049
remaining portion of the bond or deposit for all or part of the 7,050
affected area under a permit, but not before the expiration of 7,051
the period specified for operator responsibility in this section, 7,052
except that the chief may adopt rules for a variance to the 7,053
operator period of responsibility considering vegetation success 7,054
and probability of continued growth and consent of the landowner, 7,055
provided that no bond shall be fully released until all 7,056
reclamation requirements of this chapter are fully met. 7,057
(4) If the chief disapproves the application for release 7,059
of the bond or deposit or portion thereof, the chief shall notify 7,060
the permittee, in writing, stating the reasons for disapproval 7,061
and recommending corrective actions necessary to secure the 7,062
162
release, and allowing the opportunity for a public adjudicatory 7,063
hearing. 7,064
(5) When any application for total or partial bond release 7,066
is filed with the chief under this section, the chief shall 7,067
notify the municipal corporation in which the coal mining 7,068
operation is located by certified mail at least thirty days prior 7,069
to the release of all or a portion of the bond. 7,070
(6) A person with a valid legal interest that might be 7,072
adversely affected by release of a bond under this section or the 7,073
responsible officer or head of any federal, state, or local 7,074
government agency that has jurisdiction by law or special 7,075
expertise with respect to any environmental, social, or economic 7,076
impact involved in the operation or is authorized to develop and 7,077
enforce environmental standards with respect to such operations 7,078
may file written objections to the proposed release from the bond 7,079
with the chief within thirty days after the last publication of 7,080
the notice required by division (F)(1) of this section. If 7,081
written objections are filed and an informal conference is 7,082
requested, the chief shall inform all interested parties of the 7,083
time and place of the conference. The date, time, and location 7,084
of the informal conference shall be advertised by the chief in a 7,085
newspaper of general circulation in the locality of the coal 7,086
mining operation proposed for bond release for at least once a 7,087
week for two consecutive weeks. The informal conference shall be 7,088
held in the locality of the coal mining operation proposed for 7,089
bond release or in Franklin county, at the option of the 7,090
objector, within thirty days after the request for the 7,091
conference. An electronic or stenographic record shall be made 7,092
of the conference proceeding unless waived by all parties. The 7,093
record shall be maintained and shall be accessible to the parties 7,094
until final release of the performance bond at issue. In the 7,095
event all parties requesting the informal conference stipulate 7,096
agreement prior to the requested informal conference and withdraw 7,097
their request, the informal conference need not be held. 7,098
163
(7) If an informal conference has been held pursuant to 7,100
division (F)(6) of this section, the chief shall issue and 7,101
furnish the applicant and persons who participated in the 7,102
conference with the written decision regarding the release within 7,103
sixty days after the conference. Within thirty days after 7,104
notification of the final decision of the chief regarding the 7,105
bond release, the applicant or any person with an interest that 7,106
is or may be adversely affected by the decision may appeal the 7,107
decision to the reclamation commission pursuant to section 7,109
1513.13 of the Revised Code.
(G) The chief shall adopt rules governing the criteria for 7,111
forfeiture of bond, the method of determining the forfeited 7,112
amount, and the procedures to be followed in the event of 7,113
forfeiture. Cash received as the result of such forfeiture is 7,114
the property of the state. 7,115
(H) Notwithstanding divisions (A) to (F) of this section, 7,117
the following time frames for reclamation and procedures for bond 7,118
release shall apply to those permits issued after April 10, 1972, 7,119
but before September 1, 1981: 7,120
(1) Within three months after the removal of overburden, 7,122
the operator shall commence backfilling, grading, resoiling, and 7,123
other work, except planting, on the area of land affected by that 7,124
removal. The work shall be completed within twelve months after 7,125
the end of the permit year within which the area of land was 7,126
affected, or within twelve months after the operation is 7,127
terminated, completed, or abandoned, whichever occurs first. 7,128
Whenever possible, the chief of the division of mines and 7,129
reclamation shall require backfilling, grading, resoiling, and 7,130
other work, including planting, as mining progresses. In any 7,131
case, planting shall take place not later than the next 7,132
appropriate season for such planting following the completion of 7,133
backfilling, grading, resoiling, and other work, as required by 7,134
this division.
If the chief finds that the operator cannot comply with the 7,136
164
time limits of this division because of a labor dispute, the 7,137
chief may extend them for the period of time lost. 7,138
The chief may extend the time limits of this division for 7,139
periods of not more than one year at a time if the operator needs 7,140
more time than that otherwise allowed under this division for the 7,141
purpose of removing limestone, clay, or shale which was uncovered 7,142
by strip mining, if the operator is in a business which 7,143
substantially utilizes limestone, clay, or shale, and if the 7,144
chief determines that the operator has a bona fide need for the 7,145
extension of time in order to carry out limestone, clay, or shale 7,146
removal. Removal of limestone, clay, and shale shall be 7,147
performed under rules adopted by the chief for the purpose of 7,148
ensuring compliance with the requirements and objectives of this 7,149
chapter. An extension of time made under this division shall not 7,150
delay reclamation on any part of the area of land affected for 7,151
which the extension is not necessary in order to carry out the 7,152
limestone, clay, or shale removal. 7,153
(2) When the reclamation other than planting of the area 7,155
of land affected as shown on an annual or final map is completed, 7,156
the operator shall file a request, on a form provided by the 7,157
chief, for inspection of the area. The request shall state all 7,158
of the following: 7,159
(a) The location of the area and number of acres; 7,161
(b) The permit number; 7,163
(c) The amount of bond, cash, or certificates of deposit 7,165
on deposit to ensure reclamation of the area; 7,166
(d) The results of testing on the soil of the reclaimed 7,168
area for such vegetation-sustaining factors as the chief shall 7,169
prescribe by rule. 7,170
The chief shall make an inspection and evaluation of the 7,172
reclamation of the area within the prescribed period after 7,173
receipt of the request or, if the operator fails to complete the 7,174
reclamation or file the request as required, as soon as the chief 7,175
learns of the default. Thereupon, if the chief approves the 7,176
165
reclamation other than planting as meeting the requirements of 7,177
this chapter, rules adopted thereunder, any orders issued during 7,178
the mining or reclamation, and the specifications of the plan for 7,179
mining and reclaiming, the chief shall issue an order to the 7,181
operator and the operator's surety releasing them from liability
for one-half the total amount of their surety bonds on deposit to 7,182
ensure reclamation for the area upon which reclamation is 7,183
completed. If the operator has deposited cash or certificates of 7,184
deposit in lieu of a surety bond to ensure reclamation, the chief 7,185
shall issue an order to the operator releasing one-half of the 7,186
total amount so held and shall promptly transmit a certified copy 7,187
of that order to the treasurer of state. Upon presentation of 7,188
the order to the treasurer of state by the operator to whom it 7,189
was issued, or by the operator's authorized agent, the treasurer 7,190
of state shall deliver to the operator or the operator's 7,191
authorized agent the cash or certificates of deposit designated 7,192
in the order. 7,193
If the chief does not approve the reclamation other than 7,195
planting, the chief shall notify the operator by certified mail 7,197
within the prescribed period after the request for inspection is
filed or after the chief learns of the default. The notice shall 7,198
be an order stating the reasons for unacceptability, ordering 7,200
further actions to be taken, and setting a time limit for 7,201
compliance. If the operator does not comply with the order 7,202
within the time limit specified, the chief may order an extension 7,203
of time for compliance after determining that the operator's 7,205
noncompliance is for good cause, resulting from developments 7,206
partially or wholly beyond the operator's control. If the 7,207
operator complies within the time limit or the extension of time 7,208
granted for compliance, the chief shall order release of bond, 7,209
cash, or certificates of deposit in the same manner as in the 7,210
case of approval of reclamation other than planting by the chief, 7,211
and the treasurer of state shall proceed as in such a case. If 7,212
the operator does not comply within the extension of time granted 7,214
166
for compliance, the chief shall issue another order declaring 7,215
that the operator has failed to reclaim and, if the operator's 7,216
permit has not already expired or been revoked, revoking the 7,217
operator's permit. The chief then shall proceed under division 7,218
(H)(4) of this section. 7,219
(3) When the planting of the area of land affected as 7,221
shown on an annual or final map is completed and the growing 7,222
season in which the planting occurred has terminated, the 7,223
operator shall file a request, on a form provided by the chief, 7,224
for inspection of the area. The request shall state all of the 7,225
following: 7,226
(a) The location of the area and number of acres; 7,228
(b) The permit number; 7,230
(c) The amount of bond, cash, or certificates of deposit 7,232
on deposit to ensure reclamation of the area; 7,233
(d) The type and date of planting of vegetative cover, the 7,235
degree of success of growth, and results of testing on the soil 7,236
of the reclaimed area for such vegetation-sustaining factors as 7,237
the chief shall prescribe by rule. 7,238
The chief shall make an inspection and evaluation of the 7,240
reclamation of the area within the prescribed period after 7,241
receipt of the request or, if the operator fails to complete the 7,242
reclamation or file the request as required, as soon as the chief 7,243
learns of the default. If the chief finds that the reclamation 7,244
meets the requirements of this chapter, rules adopted thereunder 7,245
in accordance with Chapter 119. of the Revised Code, any order 7,246
issued during the mining and reclamation, and the specifications 7,247
of the plan for mining and reclaiming, and decides to release any 7,248
remaining bond, cash, or certificates of deposit on deposit to 7,249
ensure reclamation of the area upon which reclamation is 7,250
completed, the chief shall publish, within ten days of completing 7,252
the inspection and evaluation, notice of that decision in a 7,253
newspaper of general circulation in the county in which the 7,254
operation is located. The notice shall be published on two days 7,255
167
one week apart and shall describe the size and location of the 7,256
area for which bond, cash, or certificates of deposit are to be 7,257
released and the amount of the bond, cash, or certificates of 7,258
deposit. Any person claiming to be deprived of a right or 7,259
protection afforded the person by law may file an appeal with the 7,260
reclamation commission, within ten days after the second 7,263
publication of notice, objecting to the decision to release the 7,264
bond, cash, or certificates of deposit. If such an appeal is 7,265
filed, the requirements of section 1513.13 of the Revised Code 7,266
shall be followed to the extent that they are not inconsistent 7,267
with the requirements of this section. The person filing the 7,268
appeal, within three days after the appeal is filed with the 7,269
commission, shall notify the chief and the operator by certified 7,271
mail of the filing of the appeal. If the commission affirms the 7,272
decision of the chief, the costs of the appeal shall be taxed 7,274
against the appellant, and the chief shall release the remaining 7,275
bond, cash, or certificates of deposit. If the commission finds 7,276
that the decision of the chief was unreasonable or unlawful, it 7,278
shall make a written order vacating the decision appealed from 7,279
and ordering the chief to take all necessary further actions in 7,280
requiring compliance with this section. After the operator has 7,282
completed all actions so required by the chief, the operator 7,283
shall file another request for inspection and proceed under this
division as in the first instance. If no such appeal is filed, 7,284
the chief, upon expiration of the ten days following the second 7,285
publication of notice, shall order release of the remaining bond, 7,286
cash, or certificates of deposit in the same manner as in the 7,288
case of approval of reclamation other than planting, and the
treasurer of state shall proceed as in such a case. 7,289
If the chief does not approve the reclamation performed by 7,291
the operator, the chief shall notify the operator by certified 7,293
mail within the prescribed period after the request for 7,294
inspection is filed or after learning of the default. The notice 7,295
shall be an order stating the reasons for unacceptability, 7,297
168
ordering further actions to be taken, and setting a time limit 7,298
for compliance. If the operator does not comply with the order 7,299
within the time limit specified, the chief may order an extension 7,300
of time for compliance after determining that the operator's 7,302
noncompliance is for good cause, resulting from developments 7,303
partially or wholly beyond the operator's control. If the 7,304
operator complies within the time limit or the extension of time 7,305
granted for compliance, the chief shall order release of the 7,306
remaining bond, cash, or certificates of deposit in the same 7,307
manner as in the case of approval of reclamation by the chief, 7,308
and the treasurer of state shall proceed as in such a case. If 7,309
the operator does not comply within the time limit and the chief 7,310
does not order an extension, or if the chief orders an extension 7,311
of time and the operator does not comply within the extension of 7,312
time granted for compliance, the chief shall make another order 7,313
declaring that the operator has failed to reclaim and, if the 7,314
operator's permit has not already expired or been revoked, 7,315
revoking the operator's permit. The chief then shall proceed 7,316
under division (H)(4) of this section. 7,317
(4) Upon issuing an order under division (H)(2) or (3) of 7,319
this section declaring that the operator has failed to reclaim, 7,320
the chief shall make a finding as to the number and location of 7,321
the acres of land which the operator has failed to reclaim in the 7,323
manner required by this chapter and the amount of the estimated 7,324
cost to the state to perform reclamation on those acres as 7,325
determined by the chief at the time of application. The chief
shall order the release of that proportion of the bond, cash, or 7,326
certificates of deposit which are on deposit to ensure 7,327
reclamation of those acres which the chief finds to have been 7,328
reclaimed in the manner required by this chapter, provided that 7,329
all the land contained within a yearly segment as shown in the 7,330
annual or final map has been so reclaimed. Such a release shall 7,331
be ordered in the same manner as in the case of other approval of 7,332
reclamation by the chief, and the treasurer of state shall 7,333
169
proceed as in such a case. If the operator has on deposit cash 7,334
or certificates of deposit to ensure reclamation of the area of 7,335
land affected, the chief shall issue at the same time an order 7,336
declaring that the remaining proportion of the cash or 7,337
certificates of deposit is the property of the state and is 7,338
available for use by the chief in performing reclamation of the 7,339
area and shall proceed as under section 1513.18 of the Revised 7,340
Code. 7,341
If the operator has on deposit a surety bond to ensure 7,343
reclamation of the area of land affected, the chief shall notify 7,344
the surety in writing of the operator's default and shall request 7,345
the surety to perform the surety's obligation and that of the 7,346
operator. The surety, within ten days after receipt of the 7,348
notice, shall notify the chief as to whether it intends to
perform those obligations. 7,349
If the surety chooses to perform, it shall arrange for work 7,351
to begin within thirty days of the day on which it notifies the 7,352
chief of its decision. If the surety completes the work as 7,353
required by this chapter, the chief shall issue an order to the 7,354
surety releasing the surety from liability under the bond in the 7,355
same manner as if the surety were an operator proceeding under 7,356
this section. If, after the surety begins the work, the chief 7,357
determines that the surety is not carrying the work forward with 7,358
reasonable progress, that it is improperly performing the work, 7,360
or that it has abandoned the work or otherwise failed to perform 7,361
its obligation and that of the operator, the chief shall issue an 7,362
order terminating the right of the surety to perform the work and 7,363
demanding payment of the amount due as required by this chapter. 7,364
If the surety chooses not to perform and so notifies the 7,366
chief, does not respond to the chief's notice within ten days of 7,367
receipt thereof, or fails to begin work within thirty days of the 7,368
day it timely notifies the chief of its decision to perform its 7,369
obligation and that of the operator, the chief shall issue an 7,370
order terminating the right of the surety to perform the work and 7,371
170
demanding payment of the amount due, as required by this chapter. 7,372
Upon receipt of an order of the chief demanding payment of 7,374
the amount due, the surety immediately shall deposit with the 7,375
chief cash in the full amount due under the order for deposit 7,376
with the treasurer of state. If the surety fails to make such an 7,377
immediate deposit, the chief shall certify the amount to the 7,378
attorney general for collection. When the chief has issued an 7,379
order terminating the right of the surety and has the cash on 7,380
deposit, the cash is the property of the state and is available 7,381
for use by the chief, who shall proceed as under section 1513.18 7,382
of the Revised Code. 7,383
(5) For purposes of division (H) of this section, 7,385
"prescribed period" means, in the case of a request for 7,386
inspection pertaining to twenty-five acres or less, sixty days; 7,387
in the case of a request for inspection pertaining to more than 7,388
twenty-five acres, but not more than one hundred twenty-five 7,389
acres, ninety days; in the case of a request for inspection 7,391
pertaining to more than one hundred twenty-five acres, but not 7,392
more than one thousand acres, one hundred twenty days; and in the 7,393
case of a request for inspection pertaining to more than one 7,394
thousand acres, one hundred eighty days. 7,395
Sec. 1513.161. An operator shall use explosives only in 7,404
accordance with Chapter 1567. of the Revised Code and rules 7,406
adopted pursuant thereto by the chief of the division of mines 7,407
and reclamation MINERAL RESOURCES MANAGEMENT, and in accordance 7,409
with this section and rules adopted pursuant thereto by the 7,410
chief, and in accordance with all applicable federal laws and 7,411
regulations. If, in any situation involving a coal mining 7,412
operation, except when underground coal mining is part or all of 7,413
the coal mining operation, a rule adopted pursuant to Chapter 7,415
1567. OF THE REVISED CODE is in conflict with a rule adopted 7,416
pursuant to this section, the rule adopted pursuant to this 7,418
section shall prevail PREVAILS. When underground coal mining is 7,419
part or all of the coal mining operation, the rule adopted 7,421
171
pursuant to Chapter 1567. shall prevail OF THE REVISED CODE 7,423
PREVAILS.
Before an explosive is set off, sufficient warning shall be 7,425
given to allow any person in or approaching the area ample time 7,426
to retreat a safe distance. 7,427
No blasting shall be done between the hours of sunset and 7,429
sunrise. 7,430
The chief shall adopt rules to: 7,433
(A) Provide adequate advance written notice to local 7,435
governments and residents who might be affected by the use of 7,436
explosives by publication of the planned blasting schedule in a 7,437
newspaper of general circulation in the locality of the coal 7,438
mining operation, by mailing a copy of the proposed blasting 7,439
schedule to every resident living within one-half mile of the 7,440
proposed blasting site, and by providing daily notice to 7,441
residents or occupants in such areas prior to any blasting; 7,442
(B) Maintain for a period of at least three years and make 7,444
available for public inspection upon request a log detailing the 7,445
location of the blasts, the pattern and depth of the drill holes, 7,446
the amount of explosives used per hole, and the order and length 7,447
of delay in the blasts; 7,448
(C) Limit the type of explosives and detonating equipment, 7,450
the size, and the timing and frequency of blasts based upon the 7,451
physical conditions of the site so as to prevent: 7,452
(1) Injury to persons; 7,454
(2) Damage to public and private property outside the 7,456
permit area; 7,457
(3) Adverse impacts on any underground mine; 7,459
(4) Change in the course, channel, or availability of 7,461
ground or surface water outside the permit area. 7,462
(D) Require that all blasting operations be conducted by 7,464
trained and competent persons as certified by the chief; 7,465
(E) Provide that upon the request of a resident or owner 7,467
of a man-made AN ARTIFICIAL dwelling or structure or water supply 7,469
172
within one-half mile of any portion of the permit area, the 7,471
applicant or permittee shall conduct a preblasting survey of the 7,472
structures or water supply and submit the survey to the chief and 7,473
a copy to the resident or owner making the request. The area of 7,474
the survey shall be decided by the chief and shall include such 7,475
provisions as the chief prescribes;. 7,476
(F) Require the training, examination, and certification 7,478
of persons engaging in or directly responsible for blasting or 7,479
use of explosives in coal mining operations. 7,480
The chief, by rule or order, may prohibit blasting in 7,482
specific areas where the safety of the public would be 7,483
endangered. 7,484
No person shall use explosives in violation of this 7,486
section, a rule adopted thereunder, or an order of the chief. 7,487
Sec. 1513.17. (A) No person shall: 7,496
(1) Engage in coal mining or conduct a coal mining 7,498
operation without a permit issued by the chief of the division of 7,499
mines and reclamation MINERAL RESOURCES MANAGEMENT; 7,500
(2) Knowingly violate a condition or exceed the limits of 7,502
a permit; 7,503
(3) Knowingly fail to comply with an order of the chief of 7,505
the division of mines and reclamation issued under Chapter 1513. 7,506
of the Revised Code THIS CHAPTER; 7,507
(4) Knowingly violate any provision of Chapter 1513. of 7,509
the Revised Code THIS CHAPTER not specificially SPECIFICALLY 7,511
mentioned in this section; 7,512
(5) Knowingly make any false statement, representation, or 7,514
certification or knowingly fail to make any statement, 7,515
representation, or certification in any application, record, 7,516
report, plan, or other document filed or required to be 7,517
maintained under Chapter 1513. of the Revised Code THIS CHAPTER 7,518
or under a final order or decision issued by the chief; 7,520
(6) Knowingly prevent, hinder, delay, or otherwise 7,522
obstruct the operator from completing backfilling, grading, 7,523
173
resoiling, establishing successful vegetation, and meeting all 7,524
other reclamation requirements of Chapter 1513. of the Revised 7,525
Code THIS CHAPTER prior to the final release of the operator's 7,526
bond. 7,527
(B) Division (A)(1) of this section imposes strict 7,529
criminal liability. 7,530
Sec. 1513.18. (A) All money that becomes the property of 7,539
the state under division (G) of section 1513.16 of the Revised 7,542
Code shall be deposited in the reclamation forfeiture fund, which 7,543
is hereby created in the state treasury. Disbursements from the
fund shall be made by the chief of the division of mines and 7,545
reclamation only MINERAL RESOURCES MANAGEMENT for the purpose of 7,546
reclaiming areas of land affected by coal mining under a coal 7,547
mining and reclamation permit issued on or after September 1, 7,548
1981, on which an operator has defaulted. 7,549
(B) All cash that becomes the property of the state under 7,551
division (H) of section 1513.16 of the Revised Code shall be 7,552
deposited in the reclamation supplemental forfeiture fund, which 7,554
is hereby created in the state treasury. The fund ALSO shall 7,555
consist of all moneys so deposited, any moneys transferred to it 7,556
under this division from the unreclaimed lands fund created in 7,557
section 1513.30 of the Revised Code, any moneys transferred to it 7,560
under section 1513.181 of the Revised Code from the coal mining 7,562
and reclamation reserve fund created in that section, and moneys 7,563
collected and credited to it pursuant to section 5749.02 of the 7,564
Revised Code. Disbursements from the fund shall be made by the 7,568
chief only for the purpose of reclaiming areas that an operator 7,569
has affected by mining and failed to reclaim under a coal mining 7,570
and reclamation permit issued under this chapter or under a 7,571
surface mining permit issued under Chapter 1514. of the Revised 7,573
Code. The chief's priority for management of the fund, including 7,575
the selection of projects and transfer of moneys, shall be to 7,576
ensure that sufficient moneys are available for the reclamation 7,577
of areas affected by mining under a coal mining and reclamation 7,578
174
permit.
The chief may expend moneys from the fund to pay necessary 7,581
administrative costs, including engineering and design services, 7,582
incurred by the division OF MINERAL RESOURCES MANAGEMENT in 7,583
reclaiming these areas. Expenditures from the fund to pay such 7,584
administrative costs need not be made under contract. 7,585
As moneys are spent from the fund, the director of budget 7,588
and management, upon the certification of the chief, shall 7,589
transfer additional moneys from the unreclaimed lands fund
created in section 1513.30 of the Revised Code that the chief 7,592
requests, provided that the director shall not transfer more than 7,593
one million dollars from the unreclaimed lands fund to the 7,594
reclamation supplemental forfeiture fund during any fiscal year. 7,596
(C) Except when paying necessary administrative costs 7,598
authorized by division (B) of this section, expenditures from 7,599
either THE fund shall be made under contracts entered into by the 7,601
chief, with the approval of the director of natural resources, in 7,602
accordance with procedures established by the chief, by rules 7,603
adopted in accordance with section 1513.02 of the Revised Code. 7,604
The chief may reclaim the land in the same manner as set forth in 7,605
sections 1513.21 to 1513.24 of the Revised Code. Each contract 7,606
awarded by the chief shall be awarded to the lowest responsive 7,607
and responsible bidder, in accordance with section 9.312 of the 7,608
Revised Code, after sealed bids are received, opened, and 7,609
published at the time and place fixed by the chief. The chief 7,610
shall publish notice of the time and place at which bids will be 7,611
received, opened, and published, at least once and at least ten 7,612
days before the date of the opening of the bids, in a newspaper 7,613
of general circulation in the county in which the area of land to 7,614
be reclaimed under the contract is located. If, after 7,615
advertising, no bids are received at the time and place fixed for 7,617
receiving them, the chief may advertise again for bids, or, if 7,618
the chief considers the public interest will best be served, the 7,620
chief may enter into a contract for the reclamation of the area 7,621
175
of land without further advertisement for bids. The chief may 7,622
reject any or all bids received and again publish notice of the 7,623
time and place at which bids for contracts will be received, 7,624
opened, and published. The chief, with the approval of the 7,625
director, may enter into a contract with the landowner, a coal 7,626
mine operator or surface mine operator mining under a current, 7,627
valid permit issued under this chapter or Chapter 1514. of the 7,628
Revised Code, or a contractor hired by the surety to complete 7,630
reclamation to carry out reclamation on land affected by coal 7,631
mining on which an operator has defaulted without advertising for 7,632
bids.
(D) If the amount of money credited to the reclamation 7,634
forfeiture fund from the forfeiture of the bond applicable to the 7,635
area of land is not sufficient to pay the cost of doing all of 7,636
the reclamation work on land that the operator should have done, 7,637
but failed to do under a coal mining and reclamation permit, the 7,638
chief may expend from the moneys credited to the reclamation 7,640
supplemental forfeiture fund under section 5749.02 of the Revised 7,643
Code or transferred to the fund under division (B) of this 7,645
section or under section 1513.181 of the Revised Code the amount 7,649
of money necessary to complete the reclamation work to the 7,650
standards required by this chapter. 7,651
(E) The chief shall keep a detailed accounting of the 7,654
expenditures from the reclamation supplemental forfeiture fund to 7,656
complete reclamation of the land and, upon completion of the
reclamation, shall certify the expenditures to the attorney 7,657
general. Upon the chief's certification of the expenditures from 7,658
the reclamation supplemental forfeiture fund, the attorney 7,659
general shall bring an action for that amount of money. The 7,660
operator is liable for that expense in addition to any other 7,661
liabilities imposed by law. Moneys so recovered shall be 7,663
credited to the reclamation supplemental forfeiture fund. The 7,664
chief shall not postpone the reclamation because of any action 7,666
brought by the attorney general under this division. Prior to 7,667
176
completing reclamation, the chief may collect through the 7,668
attorney general any additional amount that the chief believes 7,669
will be necessary for reclamation in excess of the forfeited bond 7,670
amount applicable to the land that the operator should have, but 7,671
failed to, reclaim.
(F) If any part of the moneys in the reclamation 7,673
forfeiture fund remains in the fund after the chief has caused 7,675
the area of land to be reclaimed and has paid all the reclamation 7,676
costs and expenses, the chief may expend those moneys to complete 7,677
other reclamation work performed under this section on forfeiture 7,678
areas affected under a coal mining and reclamation permit issued 7,679
on or after September 1, 1981. 7,680
(G) The chief shall require every contractor performing 7,683
reclamation work pursuant to this section to pay workers at the 7,684
greater of their regular rate of pay, as established by contract, 7,685
agreement, or prior custom or practice, or the average wage rate 7,686
paid in this state for the same or similar work as determined by 7,687
the chief under section 1513.02 of the Revised Code. 7,688
Sec. 1513.181. There is hereby created in the state 7,697
treasury the coal mining administration and reclamation reserve 7,698
fund. The fund shall be used for the administration and 7,699
enforcement of this chapter. The chief of the division of mines 7,701
and reclamation MINERAL RESOURCES MANAGEMENT may transfer not 7,702
more than one million dollars annually from the fund to the 7,703
reclamation supplemental forfeiture fund created in section 7,705
1513.18 of the Revised Code to complete reclamation of lands 7,706
affected by coal mining under a permit issued under this chapter, 7,707
or by surface mining under a surface mining permit issued under 7,709
Chapter 1514. of the Revised Code, that the operator failed to 7,711
reclaim and for which the operator's bond is insufficient to 7,712
complete the reclamation. Within ten days before or after the 7,713
beginning of each calendar quarter, the chief shall MAY certify 7,714
to the director of budget and management the amount of money 7,716
needed to perform such reclamation during the quarter for 7,717
177
transfer from the coal mining administration and reclamation 7,718
reserve fund to the reclamation supplemental forfeiture fund. 7,719
Fines collected under division (F)(E) of section 1513.02 7,721
and section 1513.99 of the Revised Code, and fines collected for 7,722
a violation of section 2921.31 of the Revised Code that, prior to 7,723
July 1, 1996, would have been a violation of division (G) of 7,725
section 1513.17 of the Revised Code as it existed prior to that 7,726
date, shall be paid into the coal mining administration and 7,727
reclamation reserve fund.
Sec. 1513.20. The chief of the division of mines and 7,736
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 7,737
the director of natural resources, may purchase or acquire by 7,738
gift, donation, or contribution any eroded land, including land 7,739
affected by strip mining, for which no cash is held in the 7,740
reclamation forfeiture fund created by section 1513.18 of the 7,742
Revised Code. For this purpose the chief may expend moneys
deposited in the unreclaimed lands fund created by section 7,743
1513.30 of the Revised Code. All lands purchased or acquired 7,744
shall be deeded to the state, but no deed shall be accepted or 7,745
the purchase price paid until the title has been approved by the 7,746
attorney general.
Sec. 1513.21. From moneys appropriated for this purpose, 7,755
the chief of the division of mines and reclamation MINERAL 7,756
RESOURCES MANAGEMENT shall reclaim any land or tract of land 7,758
acquired pursuant to section 1513.20 of the Revised Code in such 7,759
manner that, after reclamation, such land or tract shall be 7,760
suitable for agriculture, forests, recreation, wildlife, water 7,761
conservation, or such other use as the chief may deem proper for 7,762
such land, or tract of land, in the light of the character of the 7,764
soil, the topography of the land or tract to be reclaimed and of
the surrounding lands, the proximity thereof to urban centers, 7,765
and the requirements of any applicable conservation program. 7,766
Sec. 1513.22. Before proceeding to reclaim any land or 7,775
tract of land acquired pursuant to section 1513.20 of the Revised 7,776
178
Code, the chief of the division of mines and reclamation MINERAL 7,777
RESOURCES MANAGEMENT shall determine the purpose or purposes for 7,778
which such land or tract should be devoted after reclamation and 7,779
shall develop a plan of reclamation for such land or tract 7,780
reasonably designed to accomplish such purpose or purposes and an 7,781
estimate of the cost thereof. When completed such plan shall be 7,782
submitted to the director of natural resources who may approve or 7,783
disapprove the same.
Sec. 1513.23. In determining the purpose or purposes for 7,792
which any land or tract of land should be devoted after 7,793
reclamation and in preparing a plan of reclamation, the chief of 7,794
the division of mines and reclamation MINERAL RESOURCES 7,795
MANAGEMENT may call to his THE CHIEF'S assistance, temporarily, 7,797
any engineers or other employees in any state department or in 7,798
the Ohio state university, or other educational institutions 7,799
financed wholly or in part by the state, for the purpose of
making studies, surveys, and maps and for the purpose of devising 7,801
the most effective and economical plan of reclamation. 7,802
Such engineers and employees shall not receive any 7,804
additional compensation other than that which they receive from 7,805
the department by which they are employed, but they shall be 7,806
reimbursed for their actual and necessary expenses incurred while 7,807
working under the direction of the chief of the division of mines 7,809
and reclamation.
Sec. 1513.24. After a plan of reclamation is approved by 7,818
the director of natural resources, the chief of the division of 7,820
mines and reclamation MINERAL RESOURCES MANAGEMENT, from any 7,821
moneys appropriated for the reclamation of strip mined lands, 7,823
shall proceed to carry out the plan.
With the approval of the director, the chief may carry out 7,825
any such plan or any part of such plan with the employees and 7,826
equipment of any division of the department of natural resources 7,827
or he THE CHIEF may carry out any such plan, or any part of such 7,828
plan by contracting therefor, provided that the chief shall not 7,830
179
enter into any contract, agreement, or understanding unless the 7,831
same is approved by the director. 7,832
Any such contract shall be entered into by the chief, with 7,834
the approval of the director, with persons who agree therein to 7,835
furnish any of the materials, equipment, or labor. Each such 7,836
contract shall be awarded by the chief to the lowest responsive 7,837
and responsible bidder, in accordance with section 9.312 of the 7,838
Revised Code, after sealed bids therefor are received, opened, 7,839
and published at the time and place fixed by the chief, and 7,840
notice of the time and place at which the sealed bids will be 7,841
received, opened, and published, has been published by the chief 7,842
at least once at least ten days before the opening of the bids in 7,843
a newspaper of general circulation in the county in which the 7,844
area of land to be reclaimed under the contract is located, 7,845
provided that if, after so advertising for bids for the contract, 7,846
no bids therefor are received by the chief at the time and place 7,847
fixed for receiving them, the chief may advertise again for such 7,848
bids, but he THE CHIEF is not required to do so, and he THE CHIEF 7,850
may, if he THE CHIEF considers the public interest will be best 7,851
served thereby, enter into a contract for the reclamation of the 7,852
land or tract without further advertisement for bids. The chief 7,853
may reject any or all bids received and fix and publish again 7,854
notice of the time and place at which bids for such contracts 7,855
will be received, opened, and published. 7,856
The chief shall require every contractor performing 7,858
reclamation work under this section to pay workers at the greater 7,859
of their rate of pay, as established by contract, agreement, or 7,860
prior custom or practice, or the average wage rate paid in this 7,861
state for the same or similar work as determined by the chief 7,862
under section 1513.02 of the Revised Code. 7,863
Sec. 1513.25. After completion of the reclamation of a 7,872
tract of land acquired pursuant to section 1513.20 of the Revised 7,873
Code, the chief of the division of mines and reclamation MINERAL 7,874
RESOURCES MANAGEMENT may, if the land is suitable to the uses of 7,876
180
any other department, division, office, or institution of the 7,877
state, transfer the land or tract to that department, division, 7,878
office, or institution, subject to the approval of the director 7,879
of natural resources.
With the approval of the attorney general and the director, 7,881
the chief may sell any such land or tract, after completion of 7,882
the plan of reclamation, when the sale is advantageous to the 7,883
state. 7,884
With the approval of the attorney general and the director, 7,886
the chief may grant easements and leases on the land or tract 7,887
under terms advantageous to the state, and may grant mineral 7,888
rights on a royalty basis. 7,889
All moneys received from the sale of reclaimed lands, or in 7,891
payment for easements, leases, or royalties, shall be paid to the 7,892
unreclaimed lands fund CREATED IN SECTION 1513.30 OF THE REVISED 7,893
CODE.
Sec. 1513.26. The chief of the division of mines and 7,902
reclamation MINERAL RESOURCES MANAGEMENT shall make an annual 7,903
report to the governor and to the general assembly. The report 7,904
shall identify each reclamation project, state the number of 7,905
acres reclaimed by the division or persons with whom it contracts 7,906
under sections 1513.20 to 1513.25 of the Revised Code, identify 7,907
the county in which the project is located, and make a detailed 7,908
accounting of expenditures.
Sec. 1513.27. As used in this section and sections 7,917
1513.28, 1513.30, 1513.31, and 1513.32 of the Revised Code, 7,918
"damage to adjacent property" means physical injury or harm to 7,919
nearby property caused by the unreclaimed condition of lands 7,920
mined prior to April 10, 1972, or pursuant to a license issued 7,921
prior to April 10, 1972, including, without limitation, injury or 7,922
harm to vegetation on adjacent property, pollution of surface or 7,923
underground waters on adjacent property, loss or interruption of 7,924
water supply on adjacent property, flow of acid water onto or 7,925
across adjacent property, flooding of adjacent property, 7,926
181
landslides onto or across adjacent property, erosion of adjacent 7,927
property, or deposition of sediment upon adjacent property. 7,928
Damage to adjacent property does not include any diminution of 7,929
the market value of adjacent property caused exclusively by the 7,930
visual or aesthetic appearance of such unreclaimed lands. 7,931
The chief of the division of mines and reclamation MINERAL 7,933
RESOURCES MANAGEMENT, with the approval of the director of 7,935
natural resources, may enter into a written agreement, which may 7,936
be in the form of a contract, with the owner of any unreclaimed 7,937
land affected by mining before April 10, 1972, or pursuant to a 7,938
license issued before April 10, 1972, that causes or may cause 7,939
pollution of the waters of the state or damage to adjacent 7,940
property, is not likely to be mined in the foreseeable future, 7,941
and lies within the boundaries of a project area approved by the 7,942
council on unreclaimed strip mined lands CREATED IN SECTION 7,943
1513.29 OF THE REVISED CODE, under which the state or its agents 7,944
may enter the land to reclaim it at state expense with moneys 7,945
from the unreclaimed lands fund created by section 1513.30 of the 7,946
Revised Code by establishing vegetative cover and substantially 7,947
reducing or eliminating erosion, sedimentation, landslides, 7,948
pollution, accumulation or discharge of acid water, flooding, and 7,949
damage to adjacent property. The agreement may include 7,950
provisions pertaining to liability for damages and any other 7,951
provisions necessary or desirable to achieve the purposes of this 7,952
section.
If the chief makes a finding of fact that land or water 7,954
resources have been adversely affected by past coal mining 7,955
practices; if the adverse effects are at a stage where, in the 7,956
public interest, action to restore, reclaim, abate, control, or 7,957
prevent the adverse effects should be taken; and if the owners of
the affected land or water resources either are not known or 7,958
readily available or will not give permission for the state, 7,959
political subdivisions, or their agents, employees, or 7,960
contractors to enter on the property to restore, reclaim, abate, 7,961
182
control, or prevent the adverse effects, the chief or the chief's 7,962
agents, employees, or contractors may enter on the affected 7,963
property in order to do all things necessary or expedient to 7,964
restore, reclaim, abate, control, or prevent the adverse effects. 7,965
Prior to entering on the property, the chief or the chief's 7,967
agents, employees, or contractors shall give notice by mail to 7,968
the owners, if known, or, if not known, by posting notice on the 7,969
premises and advertising once in a newspaper of general 7,970
circulation in the county or municipal corporation in which the 7,971
land lies. Such an entry shall be construed as an exercise of 7,972
the police power for the protection of public health, safety, and 7,973
welfare and shall not be construed as an act of condemnation of 7,974
property or of trespass. The moneys expended for the work and
the benefits accruing to any premises so entered upon shall be 7,976
chargeable against land and shall mitigate or offset any claim in 7,977
or any action brought by any owner of any interest in the
premises for any alleged damages by virtue of the entry. This 7,978
provision is not intended to create new rights of action or 7,979
eliminate existing immunities.
Each agreement entered into pursuant to this section shall 7,981
contain provisions for the reimbursement of a portion of the 7,982
costs of the reclamation that is commensurate with the increase 7,983
in the fair market value of the property attributable to the 7,984
reclamation work thereon, as determined by appraisals made before 7,985
and after reclamation in the manner stated in the agreement, 7,986
unless the determination discloses an increase in value that is 7,987
insubstantial. For reimbursement of the portion, the agreement 7,988
may include provisions for any of the following: 7,989
(A) Public use for soil, water, forest, or wildlife 7,991
conservation or public recreation purposes; 7,992
(B) Payment to the state of the share of the income from 7,994
the crops or timber produced on the land that is stated in the 7,995
agreement; 7,996
(C) Imposition of a lien in the amount of the increase in 7,998
183
fair market value payable upon transfer or conveyance of the 7,999
property to a new owner. All such reimbursements and payments 8,000
shall be credited to the unreclaimed lands fund. 8,001
(D) Payment to the state in cash of the amount of the 8,003
increase in fair market value, payable upon completion of the 8,004
reclamation. 8,005
For the purpose of selecting lands to be reclaimed within 8,007
the boundaries of approved project areas, the chief shall consult 8,008
the owners of unreclaimed lands, may consult with local 8,009
officials, civic and professional organizations, and interested 8,010
individuals, and shall consider the feasibility, cost, and public 8,011
benefits of reclaiming particular lands, their potential for 8,012
being mined, and the availability of federal or other assistance 8,013
for reclamation. Before entering into the agreement, the chief 8,014
shall prepare or approve a detailed plan with topographic maps 8,015
indicating the reclamation improvements to be made. The plan may 8,016
include improvements recommended by the owner, but may not 8,017
include improvements that the chief finds are not necessary to 8,018
establish vegetative cover or substantially reduce or eliminate 8,019
erosion, sedimentation, landslides, pollution, accumulation or 8,020
discharge of acid water, flooding, or damage to adjacent 8,021
property. 8,022
With the approval of the director and upon entering into 8,024
the agreement with the owner, the chief may carry out the plan of 8,025
reclamation or any part thereof with the employees and equipment 8,026
of any division of the department of natural resources, or the 8,027
chief may carry out the plan or any part thereof by contracting 8,029
therefor.
The chief, with the approval of the director and written 8,032
consent of the owner, may enter into a contract with an operator 8,033
mining adjacent land under a current, valid permit to carry out 8,034
the plan of reclamation on the unreclaimed land or any part of 8,035
the plan without advertising for bids. Contracts entered into 8,036
with operators mining adjacent land shall ARE not be subject to 8,037
184
division (B) of section 127.16 of the Revised Code.
The chief shall require every operator mining adjacent land 8,039
who performs reclamation work pursuant to this section to pay 8,040
workers at the greater of their regular rate of pay, as 8,041
established by contract, agreement, or prior custom or practice, 8,042
or the average wage rate paid in this state for the same or 8,043
similar work performed in the same or similar locality by private 8,044
companies doing their own reclamation work. Each contract 8,045
awarded by the chief to other than an operator mining adjacent 8,046
land shall be awarded to the lowest responsible bidder after 8,047
sealed bids are received, opened, and published at the time and 8,048
place fixed by the chief. The chief shall publish notice of the 8,049
time and place at which bids will be received, opened, and 8,050
published, at least once at least ten days before the date of the 8,051
opening of the bids, in a newspaper of general circulation in the 8,052
county in which the area of land to be reclaimed under the 8,053
contract is located. If, after so advertising for bids, no bids 8,054
are received by the chief at the time and place fixed for 8,055
receiving them, the chief may advertise again for bids, or, if 8,057
the chief considers the public interest will be best served, the 8,059
chief may enter into a contract for the reclamation of the area 8,060
of land without further advertisement for bids. The chief may 8,061
reject all bids received and again publish notice of the time and 8,062
place at which bids for contracts will be received, opened, and 8,063
published. The chief, with the approval of the director and 8,064
written consent of the owner, may enter into a contract with a 8,065
licensed mine operator mining adjacent land under a valid permit 8,066
to carry out the plan of reclamation on the unreclaimed land or 8,067
any part of the plan without advertising for bids. 8,068
Sec. 1513.28. The chief of the division of mines and 8,077
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 8,079
the director of natural resources, may make grants of moneys from 8,080
the unreclaimed lands fund created by section 1513.30 of the 8,081
Revised Code for the payment by the state of up to seventy-five 8,082
185
per cent of the reasonable and necessary reclamation expenses 8,083
incurred by the owner of any unreclaimed land affected by mining 8,084
before April 10, 1972, or pursuant to a license issued before 8,085
April 10, 1972, that causes or may cause pollution of the waters 8,086
of the state or damage to adjacent property, is not likely to be 8,087
mined in the foreseeable future, and lies within the boundaries 8,088
of a project area approved by the council on unreclaimed strip 8,089
mined lands CREATED IN SECTION 1513.29 OF THE REVISED CODE, in 8,090
accordance with a plan of reclamation approved by the chief. 8,092
The owner shall submit application for a grant on forms 8,094
furnished by the division, together with detailed plans and 8,095
topographic maps indicating the reclamation improvements to be 8,096
made, an itemized estimate of the project's cost, a description 8,097
of the project's benefits, and such other information as the 8,098
chief prescribes. The plan of reclamation may be prepared in 8,099
consultation with a local soil and water conservation district. 8,100
The chief may award the applicant a grant only after 8,102
finding that the proposed reclamation work will establish 8,104
vegetative cover and substantially reduce or eliminate erosion, 8,105
sedimentation, landslides, pollution, accumulation or discharge 8,106
of acid water, flooding, and damage to adjacent property. 8,107
For the purpose of establishing priorities for awarding 8,109
grants under this section and section 1513.31 of the Revised 8,110
Code, the chief shall consider each project's feasibility, cost, 8,111
and public benefits of reclaiming the particular land, its 8,112
potential for being mined, and the availability of federal or 8,113
other financial assistance for reclamation. 8,114
The chief shall determine the amount of a grant under this 8,116
section based upon the chief's determination of what constitutes 8,118
reasonable and necessary expenses actually incurred for 8,119
establishing vegetative cover, substantially reducing or 8,120
eliminating erosion, sedimentation, landslides, pollution, 8,121
accumulation or discharge of acid water, flooding, or damage to 8,122
adjacent property, and preparing the plan of reclamation. The 8,123
186
owner may elect to have other improvements made concurrently, but 8,124
in no event shall any part of the grant be made for such other 8,125
improvements, and in no event shall the amount of the grant 8,126
exceed seventy-five per cent of the total amount, determined by 8,127
the chief, of what constitutes reasonable and necessary expenses 8,128
actually incurred for the reclamation measures listed in this 8,129
section. 8,130
The chief shall enter into a contract for funding with each 8,132
applicant awarded a grant to ensure that the moneys granted are 8,133
used for the purposes of this section and that the reclamation 8,134
work is properly done. The final payment may not be made until 8,135
the chief inspects and approves the completed reclamation work. 8,136
Each such contract shall contain provisions for the 8,138
reimbursement of a portion of the costs of the reclamation that 8,139
is commensurate with the increase in the fair market value of the 8,140
property attributable to the reclamation work thereon, as 8,141
determined by appraisals made before and after reclamation in the 8,142
manner stated in the agreement, unless such determination 8,143
discloses an increase in value that is insubstantial in 8,144
comparison to the benefits to the public from the abatement of 8,145
pollution or prevention of damage to adjacent property, 8,146
considering the applicant's share of the reclamation cost. For 8,147
reimbursement of such portion, the contract may include 8,148
provisions for: 8,149
(A) Public use for soil, water, forest, or wildlife 8,151
conservation or public recreation purposes; 8,152
(B) Payment to the state of the share of the income from 8,154
the crops or timber produced on the land that is stated in the 8,155
agreement; 8,156
(C) Imposition of a lien in the amount of the increase in 8,158
fair market value payable upon transfer or conveyance of the 8,159
property to a new owner; 8,160
(D) Payment to the state in cash in the amount of the 8,162
increase in fair market value, payable upon completion of the 8,163
187
reclamation. 8,164
All such reimbursements and payments shall be credited to 8,166
the unreclaimed lands fund. 8,167
Not more than forty per cent of the money credited to the 8,169
fund during the preceding calendar year may be expended during a 8,170
calendar year for grants under this section. 8,171
The chief shall require every landowner performing 8,173
reclamation work pursuant to this section to pay workers at the 8,174
greater of their regular rate of pay, as established by contract, 8,175
agreement, or prior custom or practice, or the average wage rate 8,176
in this state for the same or similar work performed in the same 8,177
or similar locality by private companies doing their own 8,178
reclamation work. 8,179
Sec. 1513.29. There is hereby created the council on 8,188
unreclaimed strip mined lands. Its members are the chief of the 8,189
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,190
four persons appointed by the director of natural resources, two 8,192
members of the house of representatives appointed by the speaker 8,193
of the house of representatives, one member of the house of 8,194
representatives appointed by the minority leader of the house of 8,195
representatives, two members of the senate appointed by the 8,196
president of the senate, and one member of the senate appointed 8,197
by the minority leader of the senate.
Members who are members of the general assembly shall serve 8,199
terms of four years or until their legislative terms end, 8,200
whichever is sooner. Members appointed by the director shall 8,201
serve terms of four years, except that the terms of the first 8,202
four members shall be for two and four years, as designated by 8,203
the director. Any vacancy in the office of a member of the 8,204
council shall be filled by the appointing authority for the 8,205
unexpired term of the member whose office will be vacant. The 8,206
appointing authority may at any time remove a member of the 8,207
council for misfeasance, nonfeasance, malfeasance, or conflict of 8,208
interest in office. 8,209
188
The council shall hold at least four regular quarterly 8,211
meetings each year. Special meetings may be held at the call of 8,212
the chairperson or a majority of the members. The council shall 8,214
annually elect from among its members a chairperson, a 8,215
vice-chairperson, and a secretary to keep a record of its 8,217
proceedings.
The council shall gather information, study, and make 8,219
recommendations concerning the number of acres, location, 8,220
ownership, condition, environmental damage resulting from the 8,221
condition, cost of acquiring, reclaiming, and possible future 8,222
uses and value of eroded lands within the state, including land 8,223
affected by strip mining for which no cash is held in the strip 8,224
mining reclamation fund. 8,225
The council may employ such staff and hire such consultants 8,227
as necessary to perform its duties. Members appointed by the 8,228
director and, notwithstanding section 101.26 of the Revised Code, 8,229
members who are members of the general assembly, when engaged in 8,230
their official duties as members of the council, shall be 8,231
compensated on a per diem basis in accordance with division (J) 8,232
of section 124.15 of the Revised Code. Members shall be 8,233
reimbursed for their necessary expenses. Expenses incurred by 8,234
the council and compensation provided under this section shall be 8,236
paid by the chief of the division of mines and reclamation 8,237
MINERAL RESOURCES MANAGEMENT from the unreclaimed lands fund 8,240
created in section 1513.30 of the Revised Code.
The council shall report its findings and recommendations 8,242
to the governor and the general assembly not later than January 8,243
1, 1974, and biennially thereafter. 8,244
Sec. 1513.30. There is hereby created in the state 8,253
treasury the unreclaimed lands fund, to be administered by the 8,254
chief of the division of mines and reclamation MINERAL RESOURCES 8,255
MANAGEMENT and used for the purpose of reclaiming land, public or 8,257
private, affected by mining, or controlling mine drainage, for 8,258
which no cash is held in the reclamation forfeiture fund created 8,259
189
in section 1513.18 of the Revised Code or the surface mining 8,261
reclamation fund created in section 1514.06 of the Revised Code 8,262
and also for the purpose of paying the expenses and compensation 8,263
of the council on unreclaimed strip mined lands as required by 8,264
section 1513.29 of the Revised Code.
In order to direct expenditures from the unreclaimed lands 8,266
fund toward reclamation projects that fulfill priority needs and 8,267
provide the greatest public benefits, the chief periodically 8,269
shall submit to the council project proposals to be financed from 8,270
the unreclaimed lands fund, together with benefit and cost data 8,271
and other pertinent information. For the purpose of selecting 8,272
project areas and determining the boundaries of project areas, 8,273
the council shall consider the feasibility, cost, and public 8,274
benefits of reclaiming the areas, their potential for being 8,275
mined, the availability of federal or other financial assistance 8,276
for reclamation, and the geographic distribution of project areas 8,277
to ensure fair distribution among affected areas. 8,278
The council shall give priority to areas where there is 8,280
little or no likelihood of mining within the foreseeable future, 8,283
reclamation is feasible at reasonable cost with available funds, 8,284
and either of the following applies:
(A) The pollution of the waters of the state and damage to 8,286
adjacent property are most severe and widespread; 8,287
(B) Reclamation will make possible public uses for soil, 8,289
water, forest, or wildlife conservation or public recreation 8,290
purposes, will facilitate orderly commercial or industrial site 8,291
development, or will facilitate the use or improve the enjoyment 8,292
of nearby public conservation or recreation lands. 8,293
At least two weeks before any meeting of the council on 8,295
unreclaimed strip mined lands at which the chief will submit a 8,296
project proposal, a project area will be selected, or the 8,297
boundaries of a project area will be determined, the chief shall 8,298
mail notice by first class mail to the board of county 8,299
commissioners of the county and the board of township trustees of 8,300
190
the township in which the proposed project lies and the chief 8,301
executive and the legislative authority of each municipal 8,302
corporation within the proposed project area. The chief also 8,304
shall give reasonable notice to the news media in the county
where the proposed project lies. 8,305
Expenditures from the unreclaimed lands fund for 8,307
reclamation projects may be made only for projects that are 8,308
within the boundaries of project areas approved by the council, 8,309
and expenditures for a particular project may not exceed any 8,310
applicable limits set by the council. Expenditures from the 8,311
unreclaimed lands fund shall be made by the chief, with the 8,312
approval of the director of natural resources. 8,313
The controlling board may transfer excess funds from the 8,315
oil and gas well fund created in section 1509.02 of the Revised 8,316
Code, after recommendation by the council on unreclaimed strip 8,318
mined lands, to meet deficiencies in the unreclaimed lands fund. 8,319
The chief may expend an amount not to exceed twenty per 8,321
cent of the moneys credited annually by the treasurer of state to 8,322
the unreclaimed lands fund for the purpose of administering the 8,323
unreclaimed lands fund. 8,324
The chief may engage in cooperative projects under this 8,326
section with any agency of the United States, appropriate state 8,327
agencies, or state universities or colleges as defined in section 8,328
3345.27 of the Revised Code and may transfer money from the fund, 8,330
with the approval of the council, to other appropriate state 8,331
agencies or to state universities or colleges in order to carry 8,332
out the reclamation activities authorized by this section.
Sec. 1513.31. For the purpose of promoting local or 8,341
regional economic or community development, the chief of the 8,342
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,343
with the approval of the director of natural resources, may make 8,345
grants of money from the unreclaimed lands special account FUND 8,346
created by section 1513.30 of the Revised Code for the payment by 8,348
the state of up to seventy-five per cent of the reasonable and 8,349
191
necessary expenses incurred by a political subdivision, community 8,350
improvement corporation incorporated under Chapter 1724. of the 8,351
Revised Code, or other nonprofit corporation incorporated under 8,352
Chapter 1702. of the Revised Code for the reclamation of any 8,353
unreclaimed land affected by mining before April 10, 1972, or 8,354
pursuant to a license issued before April 10, 1972, that is owned 8,355
by the political subdivision or corporation, is to be reclaimed 8,356
for the purpose of commercial or industrial site development by 8,357
the political subdivision or corporation or the development of 8,358
recreational facilities by the political subdivision, and lies 8,359
within the boundaries of a project area approved by the council 8,360
on unreclaimed strip mined lands, in accordance with a plan of 8,362
reclamation approved by the chief.
The owner shall submit an application for a grant on forms 8,364
furnished by the division OF MINERAL RESOURCES MANAGEMENT 8,365
together with detailed plans and topographic maps indicating the 8,367
reclamation improvements to be made, an itemized estimate of the 8,368
project's cost, a description of the project's benefits, and such 8,369
other information as the chief prescribes. The chief may award 8,370
the applicant a grant only after finding that the proposed 8,371
reclamation work will render the unreclaimed land suitable for 8,373
commercial, industrial, or, if the land is owned by a political 8,374
subdivision, recreational site development and will substantially 8,375
reduce or eliminate the damage, if any, to adjacent property that 8,376
is or may be caused by the condition of the unreclaimed land. 8,377
The chief shall determine the amount of the grant based 8,379
upon the chief's determination of what constitutes reasonable and 8,381
necessary expenses actually incurred for preparing the plan of 8,382
reclamation; preparing the unreclaimed land for commercial, 8,383
industrial, or, in the case of land owned by a political 8,384
subdivision, recreational site development, including 8,385
backfilling, grading, resoiling, planting, or other work to 8,386
restore the land to a condition suitable for such development; 8,387
and, if the condition of the unreclaimed land so requires, 8,388
192
establishing vegetative cover or substantially reducing or 8,389
eliminating erosion, sedimentation, landslides, pollution, 8,390
accumulation or discharge of acid water, flooding, or damage to 8,391
adjacent property. The owner may have other improvements made 8,392
concurrently with the reclamation work, but shall not spend any 8,393
part of the grant for such other improvements. No grant shall 8,394
exceed seventy-five per cent of the total amount, as determined 8,395
by the chief, of what constitutes reasonable and necessary 8,396
expenses actually incurred for the reclamation measures listed in 8,397
this section. 8,398
The chief shall enter into a contract for funding with each 8,400
applicant awarded a grant in order to ensure that the moneys 8,401
granted are used for the purposes of this section and that the 8,402
reclamation work is properly done. The final payment under a 8,403
grant may not be made until the chief inspects and approves the 8,404
completed reclamation work. 8,405
Sec. 1513.32. For the purpose of promoting local or 8,414
regional economic or community development, the chief of the 8,415
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,416
with the approval of the director of natural resources, may enter 8,418
into a written agreement, which may be in the form of a contract, 8,419
with a political subdivision, community improvement corporation 8,420
incorporated under Chapter 1724. of the Revised Code, or other 8,421
nonprofit corporation incorporated under Chapter 1702. of the 8,422
Revised Code that owns any unreclaimed land affected by mining 8,423
before April 10, 1972, or pursuant to a license issued before 8,424
April 10, 1972, under which the state or its agents may enter 8,425
upon the land to reclaim it at state expense with moneys from the 8,426
unreclaimed lands fund created by section 1513.30 of the Revised 8,427
Code for the purpose of commercial or industrial site development 8,428
if the land is owned by a political subdivision or corporation or 8,429
the development of recreational facilities if the land is owned 8,430
by a political subdivision. The agreement may include provisions 8,431
pertaining to liability for damages and any other provisions 8,432
193
necessary or desirable to achieve the purposes of this section. 8,433
For the purpose of selecting lands to be reclaimed for 8,435
commercial, industrial, or, if the lands are owned by a political 8,436
subdivision, recreational site development, the chief shall 8,437
consult with the owners of unreclaimed lands and with local 8,438
officials, civic and professional organizations, and interested 8,439
individuals and shall consider the feasibility, cost, and public 8,440
benefits of reclaiming particular lands and the availability of 8,441
federal or other assistance for the reclamation. The chief shall 8,442
select for reclamation under this section only lands that lie 8,443
within the boundaries of a project area approved by the council 8,445
on unreclaimed strip mined lands. 8,446
Before entering into the agreement, the chief shall prepare 8,448
or approve a detailed plan with topographic maps indicating the 8,449
reclamation improvements to be made, an itemized estimate of the 8,450
project's cost, a description of the project's benefits, and such 8,451
other information as the chief considers appropriate. The plan 8,452
shall include only reclamation work that is necessary to render 8,453
the unreclaimed land suitable for commercial, industrial, or, if 8,454
the land is owned by a political subdivision, recreational site 8,455
development and will substantially reduce or eliminate the 8,456
damage, if any, to adjacent property that is or may be caused by 8,457
the condition of the unreclaimed land. The plan may include 8,458
improvements recommended by the owner, but may not include any 8,459
improvements that the chief finds are not necessary to prepare 8,460
the unreclaimed land for commercial, industrial, or, if the land 8,461
is owned by a political subdivision, recreational site 8,462
development, or if the condition of the unreclaimed land so 8,463
requires, are not necessary to establish vegetative cover or 8,464
substantially reduce or eliminate erosion, sedimentation, 8,465
landslides, pollution, accumulation or discharge of acid water, 8,466
flooding, or damage to adjacent property. 8,467
With the approval of the director and upon entering into an 8,469
agreement with the owner, the chief may carry out the plan of 8,470
194
reclamation or any part thereof with the employees or equipment 8,471
of the department, or the chief may carry out the plan or any 8,472
part thereof by contracting therefor in accordance with the 8,474
procedures prescribed in section 1513.27 of the Revised Code. 8,475
The chief shall keep an itemized record of the state's expense in 8,476
carrying out the plan. 8,477
Expenditure of not more than twenty per cent of the moneys 8,479
credited to the unreclaimed lands fund during the preceding 8,480
fiscal year may be approved by the council on unreclaimed strip 8,482
mined lands during a fiscal year for conducting reclamation 8,483
projects under this section and for making grants under section 8,484
1513.31 of the Revised Code, provided that such expenditures are 8,485
primarily for the pollution abatement purposes of section 1513.30 8,486
of the Revised Code. 8,487
Sec. 1513.33. The amount of any grant to a community 8,496
improvement corporation or nonprofit corporation made under 8,497
section 1513.31 of the Revised Code or the state's expenses 8,498
incurred in reclaiming unreclaimed land owned by a community 8,499
improvement corporation or nonprofit corporation under section 8,500
1513.32 of the Revised Code shall constitute a loan by the state 8,501
to the corporation. Entry into a grant contract under section 8,502
1513.31 of the Revised Code or into a reclamation agreement under 8,503
section 1513.32 of the Revised Code by the chief of the division 8,504
of mines and reclamation MINERAL RESOURCES MANAGEMENT constitutes 8,506
the designation of the community improvement corporation or 8,508
nonprofit corporation as the state's agent for the commercial or 8,509
industrial development of the land named in the contract or 8,510
agreement.
Each grant contract under section 1513.31 of the Revised 8,512
Code or reclamation agreement under section 1513.32 of the 8,513
Revised Code shall include terms for repayment of the grant or 8,514
reimbursement of the state for its reclamation expenses, which 8,515
shall require repayment of the loan in full upon the first sale, 8,516
lease, or rental of the land reclaimed under the contract or 8,517
195
agreement if the entire parcel of reclaimed land is sold, leased, 8,518
or rented. If the corporation establishes a business enterprise 8,519
on the entire parcel of reclaimed land, the contract shall 8,520
require repayment of the loan in full upon the commencement of 8,521
operation of the business enterprise. If the reclaimed land is 8,522
sold, leased, or rented in portions or the corporation 8,523
establishes a business enterprise on any portion of the reclaimed 8,524
land, the contract or agreement shall require repayment of that 8,525
portion of the loan that corresponds to the portion of the 8,526
reclaimed land sold, leased, or rented upon the first sale, 8,527
lease, or rental of that portion, or upon commencement of 8,528
operation of the business enterprise on that portion, by the 8,529
corporation in the proportion that the acreage of the reclaimed 8,530
land sold, leased, rented, or used in business by the corporation 8,531
bears to the total acreage of land reclaimed under the contract 8,532
or agreement. 8,533
To secure repayment of the moneys granted under section 8,535
1513.31 of the Revised Code or of the state's reclamation 8,536
expenses under section 1513.32 of the Revised Code to or on 8,537
behalf of a community improvement corporation or nonprofit 8,538
corporation, the state shall have a lien on the land owned by the 8,539
corporation that is land reclaimed under section 1513.31 or 8,540
1513.32 of the Revised Code equal to the amount of the grant made 8,541
under section 1513.31 of the Revised Code or to the state's 8,542
expenses incurred in reclaiming the land under section 1513.32 of 8,543
the Revised Code. Within thirty days after the final grant 8,544
payment is made under section 1513.31 of the Revised Code or 8,545
after the completion of the reclamation work under section 8,546
1513.32 of the Revised Code, the chief shall cause to be recorded 8,547
in the office of the county recorder of the county in which the 8,548
reclaimed land is located a statement that shall contain an 8,549
itemized accounting of the grant paid under section 1513.31 of 8,550
the Revised Code or an itemized record of the state's expenses 8,551
incurred in reclaiming the land under section 1513.32 of the 8,552
196
Revised Code. The statement shall constitute a notice of lien 8,553
and operate as of the date of delivery as a lien on the land 8,554
reclaimed in the amount of the grant moneys paid out or the 8,555
reclamation expenses incurred by the state and shall have 8,556
priority as a lien second only to the lien of real property taxes 8,557
imposed upon the land. The notice of lien and the lien shall not 8,559
be valid as against any mortgagee, pledgee, purchaser, or 8,560
judgment creditor whose rights have attached prior to the date of 8,561
filing of the statement by the chief or to any prior or 8,562
subsequent lien for real property taxes imposed pursuant to 8,563
section 5719.04 of the Revised Code.
The county recorder shall record and index the chief's 8,565
statement, under the name of the state and the corporation, in 8,566
the records of mechanic's liens maintained by the recorder's 8,567
office. The county recorder shall impose no charge for the 8,568
recording or indexing of the statement. If the land is 8,569
registered, the county recorder shall make a notation and enter a 8,571
memorial of the lien upon the page of the register in which the 8,572
last certificate of title to the land is registered, stating the 8,573
name of the claimant, amount claimed, volume and page of the 8,574
record where recorded, and exact time the memorial was entered. 8,575
The lien shall continue in force so long as any portion of 8,577
the amount granted under section 1513.31 of the Revised Code or 8,578
the state's reclamation expenses incurred under section 1513.32 8,579
of the Revised Code remains unpaid. Upon repayment in full of 8,580
those moneys or expenses, the chief promptly shall issue a 8,581
certificate of release of the lien. Upon presentation of the 8,582
certificate of release, the county recorder of the county where 8,583
the lien is recorded shall record the lien as having been 8,584
discharged.
A lien imposed under this section shall be foreclosed upon 8,586
the substantial failure of a corporation to repay any portion of 8,587
the amount granted under section 1513.31 of the Revised Code or 8,588
the state's reclamation expenses incurred under section 1513.32 8,589
197
of the Revised Code in accordance with the terms of the grant 8,590
contract or reclamation agreement. Before foreclosing any lien 8,591
under this section, the chief shall make a written demand upon 8,592
the corporation to comply with the repayment terms of the 8,593
contract or agreement. If the corporation does not pay the 8,594
amount due within sixty days, the chief shall refer the matter to 8,595
the attorney general, who shall institute a civil action to 8,596
foreclose the lien of the state. 8,597
All moneys collected from loan repayments and lien 8,599
foreclosures under this section shall be credited to the 8,600
unreclaimed lands fund created by section 1513.30 of the Revised 8,601
Code. 8,602
Sec. 1513.34. The chief of the division of mines and 8,611
reclamation MINERAL RESOURCES MANAGEMENT shall provide education 8,613
and training for inspection officers MINERAL RESOURCES 8,614
INSPECTORS, district supervisors, and enforcement personnel. The 8,615
chief shall provide adequate training and education as necessary 8,616
for all persons appointed as inspection officers MINERAL 8,617
RESOURCES INSPECTORS during their provisional status. The chief 8,618
shall provide, on a regular basis as funding allows, continuing 8,619
education and training as necessary for all inspection officers 8,620
MINERAL RESOURCES INSPECTORS, district supervisors, and 8,621
enforcement personnel.
Sec. 1513.35. (A) In addition to the other requirements 8,630
of Chapter 1513. of the Revised Code THIS CHAPTER, each permit 8,631
issued by the chief of the division of mines and reclamation 8,633
MINERAL RESOURCES MANAGEMENT under section 1513.07 of the Revised 8,635
Code for underground coal mining shall require the operator to: 8,636
(1) Implement measures consistent with known technology in 8,638
order to prevent subsidence from causing material damage to the 8,639
extent technologically and economically feasible, maximize mine 8,640
stability, and maintain the value and reasonably foreseeable use 8,641
of such surface lands, except in those instances where the mining 8,642
technology used requires planned subsidence in a predictable and 8,643
198
controlled manner. This section does not prohibit the standard 8,644
method of room and pillar mining. 8,645
(2) Seal all portals, entryways, drifts, shafts, or other 8,647
openings between the surface and underground mine workings when 8,648
no longer needed for mining operations; 8,649
(3) Fill or seal exploratory holes no longer necessary for 8,651
mining, maximizing to the extent technologically and economically 8,652
feasible the return of mining and processing waste, tailings, and 8,653
any other waste incident to the mining operation, to the mine 8,654
workings or excavations; 8,655
(4) With respect to the surface disposal of mine wastes, 8,657
tailings, coal processing wastes, and other wastes in areas other 8,658
than the mine workings or excavations, stabilize all surface 8,659
waste piles created by the operator from current operations 8,660
through construction in compacted layers, including the use of 8,661
noncombustible and impervious materials if necessary, and ensure 8,662
that the leachate will not degrade below water quality standards 8,663
established pursuant to applicable federal and state law surface 8,664
or ground waters, that the final contour of the waste pile will 8,665
be compatible with natural surroundings, and that the site is 8,666
stabilized and revegetated according to this section; 8,667
(5) Design, locate, construct, operate, maintain, enlarge, 8,669
modify, and remove or abandon, in accordance with rules adopted 8,670
by the chief, all existing and new coal mine waste piles 8,671
consisting of mine wastes, tailings, coal processing wastes, or 8,672
other liquid and solid wastes and used either temporarily or 8,673
permanently as dams or embankments; 8,674
(6) Establish on regraded areas and all other lands 8,676
affected, a diverse and permanent vegetative cover capable of 8,677
self-regeneration and plant succession and at least equal in 8,678
extent of cover to the natural vegetation of the area; 8,679
(7) Protect offsite areas from damage that may result from 8,681
such mining operations; 8,682
(8) Eliminate fire hazards and conditions that may 8,684
199
constitute a hazard to the health and safety of the public; 8,685
(9) Minimize the disturbances of the prevailing hydrologic 8,687
balance at the minesite and in associated offsite areas and to 8,688
the quantity of water in surface and ground water systems both 8,689
during and after coal mining operations and during reclamation 8,690
by: 8,691
(a) Avoiding acid or other toxic mine drainage by such 8,693
measures as, but not limited to: 8,694
(i) Preventing or removing water from contact with toxic 8,696
producing deposits; 8,697
(ii) Treating drainage to reduce toxic content that 8,699
adversely affects downstream water upon being released to water 8,700
courses; 8,701
(iii) Casing, sealing, or otherwise managing boreholes, 8,703
shafts, and wells to keep acid or other toxic drainage from 8,704
entering ground and surface waters. 8,705
(b) Conducting coal mining operations so as to prevent, to 8,707
the extent possible using the best technology currently 8,708
available, additional contributions of suspended solids to 8,709
streamflow or runoff outside the permit area, but in no event 8,710
shall such contributions be in excess of requirements set by 8,711
applicable state or federal law, and avoiding channel deepening 8,712
or enlargement in operations requiring the discharge of water 8,713
from mines. 8,714
(10) With respect to other surface impacts not specified 8,716
in this division, including the construction of new roads or in 8,717
improvement or use of existing roads for hauling or to gain 8,718
access to the site, repair areas, storage areas, processing 8,719
areas, shipping areas, or other areas upon which are sited 8,720
structures, facilities, or other property or materials on the 8,721
surface, resulting from or incident to such activities, operate 8,722
in accordance with the standards established under section 8,723
1513.16 of the Revised Code for such effects that result from 8,724
coal mining operations. The chief shall make such modifications 8,725
200
in the requirements imposed by this division as are necessary to 8,726
accommodate the difference between strip and underground coal 8,727
mining. 8,728
(11) Minimize disturbances and adverse impacts of the 8,730
operation on wildlife, fish, and related environmental values, 8,731
and achieve enhancement of such resources where practicable, to 8,732
the extent possible using the best currently available 8,733
technology; 8,734
(12) Locate openings for all new drift mines working 8,736
acid-producing or iron-producing coal seams in such a manner so 8,737
as to prevent a gravity discharge of water from the mine in 8,738
accordance with rules adopted by the chief. 8,739
(B) In order to protect the stability of the land, the 8,741
chief shall suspend underground coal mining under urbanized 8,742
areas, municipal corporations, or unincorporated communities or 8,743
adjacent to industrial or commercial buildings, major 8,744
impoundments, or permanent streams, if he THE CHIEF finds 8,745
imminent danger to inhabitants of the urbanized areas, municipal 8,746
corporations, and unincorporated communities. 8,747
(C) The provisions of Chapter 1513. of the Revised Code 8,749
shall be THIS CHAPTER IS applicable to surface operations and 8,750
surface impacts incident to an underground coal mine with 8,752
modifications as are necessary to accommodate the difference 8,753
between surface coal mining and underground coal mining. The 8,754
chief shall adopt the modifications by rule in accordance with 8,755
section 1513.02 and Chapter 119. of the Revised Code. 8,756
Sec. 1513.36. In order to encourage advances in mining and 8,765
reclamation practices or to allow post-mining land use for 8,766
industrial, commercial, residential, agricultural, or public use, 8,767
including recreational facilities, the chief of the division of 8,768
mines and reclamation MINERAL RESOURCES MANAGEMENT, with approval 8,769
by the secretary of the United States department of the interior, 8,771
may authorize departures in individual cases on an experimental 8,772
basis from the environmental performance standards set forth in 8,773
201
this chapter. Such departures may be authorized if: 8,774
(A) The experimental practices are potentially more or at 8,776
least as environmentally protective, during and after mining 8,777
operations, as those required under Chapter 1513. of the Revised 8,778
Code THIS CHAPTER and rules adopted thereunder; 8,779
(B) The mining operations approved for particular land use 8,781
or other purposes are not larger or more numerous than necessary 8,782
to determine the effectiveness and economic feasibility of the 8,783
experimental practice; 8,784
(C) The experimental practices do not reduce the 8,786
protection afforded public health and safety below that provided 8,787
under Chapter 1513. of the Revised Code THIS CHAPTER and rules 8,788
adopted thereunder. 8,790
Sec. 1513.37. (A) There is hereby created in the state 8,799
treasury the abandoned mine reclamation fund, which shall be 8,800
administered by the chief of the division of mines and 8,801
reclamation MINERAL RESOURCES MANAGEMENT. The fund shall consist 8,803
of grants from the secretary of the interior from the federal 8,804
abandoned mine reclamation fund established by Title IV of the 8,806
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 8,807
445, 30 U.S.C.A. 1201, regulations adopted under it, and 8,808
amendments to the act and regulations. Expenditures from the 8,810
abandoned mine reclamation fund shall be made by the chief for 8,811
the following purposes:
(1) Reclamation and restoration of land and water 8,813
resources adversely affected by past coal mining, including, but 8,814
not limited to, reclamation and restoration of abandoned strip 8,815
mine areas, abandoned coal processing areas, and abandoned coal 8,816
refuse disposal areas; sealing and filling of abandoned deep mine 8,817
entries and voids; planting of land adversely affected by past 8,818
coal mining; prevention of erosion and sedimentation; prevention, 8,819
abatement, treatment, and control of water pollution created by 8,820
coal mine drainage, including restoration of streambeds and 8,821
construction and operation of water treatment plants; prevention, 8,822
202
abatement, and control of burning coal refuse disposal areas and 8,823
burning coal in situ; and prevention, abatement, and control of 8,824
coal mine subsidence; 8,825
(2) Acquisition and filling of voids and sealing of 8,827
tunnels, shafts, and entryways of noncoal lands; 8,828
(3) Acquisition of land as provided for in this section; 8,830
(4) Administrative expenses incurred in accomplishing the 8,832
purposes of this section; 8,833
(5) All other necessary expenses to accomplish the 8,835
purposes of this section. 8,836
(B) Expenditures of moneys from the fund on land and water 8,838
eligible pursuant to division (C) of this section shall reflect 8,839
the following priorities in the order stated: 8,840
(1) The protection of public health, safety, general 8,842
welfare, and property from extreme danger of adverse effects of 8,843
coal mining practices; 8,844
(2) The protection of public health, safety, and general 8,846
welfare from adverse effects of coal mining practices; 8,847
(3) The restoration of land and water resources and the 8,849
environment previously degraded by adverse effects of coal mining 8,850
practices, including measures for the conservation and 8,851
development of soil and water (excluding channelization), 8,852
woodland, fish and wildlife, recreation resources, and 8,853
agricultural productivity; 8,854
(4) Research and demonstration projects relating to the 8,856
development of coal mining reclamation and water quality control 8,857
program methods and techniques; 8,858
(5) The protection, repair, replacement, construction, or 8,860
enhancement of public facilities such as utilities, roads, 8,861
recreation facilities, and conservation facilities adversely 8,862
affected by coal mining practices; 8,863
(6) The development of publicly owned land adversely 8,865
affected by coal mining practices, including land acquired as 8,866
provided in this section for recreation and historic purposes, 8,867
203
conservation and reclamation purposes, and open space benefits. 8,868
(C)(1) Lands and water eligible for reclamation or 8,870
drainage abatement expenditures under this section are those that 8,871
were mined for coal or were affected by such mining, wastebanks, 8,872
coal processing, or other coal mining processes and that meet one 8,873
of the following criteria: 8,874
(a) Are lands that were abandoned or left in an inadequate 8,877
reclamation status prior to August 3, 1977, and for which there 8,878
is no continuing reclamation responsibility under state or 8,879
federal laws;
(b) Are lands for which the chief finds that surface coal 8,881
mining operations occurred at any time between August 4, 1977, 8,882
and August 16, 1982, and that any moneys for reclamation or 8,883
abatement that are available pursuant to a bond or other form of 8,884
financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site; 8,885
(c) Are lands for which the chief finds that surface coal 8,887
mining operations occurred at any time between August 4, 1977, 8,888
and November 5, 1990, that the surety of the mining operator 8,889
became insolvent during that time, and that, as of November 5, 8,890
1990, any moneys immediately available from proceedings relating 8,891
to that insolvency or from any financial guarantee or other 8,892
source are not sufficient to provide for adequate reclamation or 8,893
abatement at the site.
(2) In determining which sites to reclaim pursuant to 8,895
divisions (C)(1)(b) and (c) of this section, the chief shall 8,896
follow the priorities stated in divisions (B)(1) and (2) of this 8,897
section and shall ensure that priority is given to those sites 8,898
that are in the immediate vicinity of a residential area or that
have an adverse economic impact on a local community. 8,899
(3) Surface coal mining operations on lands eligible for 8,901
remining shall not affect the eligibility of those lands for 8,902
reclamation and restoration under this section after the release 8,903
of the bond for any such operation as provided under division (F) 8,904
204
of section 1513.16 of the Revised Code. If the bond for a
surface coal mining operation on lands eligible for remining is 8,905
forfeited, moneys available under this section may be used if the 8,906
amount of the bond is not sufficient to provide for adequate 8,907
reclamation or abatement, except that if conditions warrant, the 8,908
chief immediately shall exercise the authority granted under 8,909
division (L) of this section.
(D) The chief may submit to the secretary of the interior 8,911
a state reclamation plan and annual projects to carry out the 8,912
purposes of this section. 8,913
(1) The reclamation plan generally shall identify the 8,915
areas to be reclaimed, the purposes for which the reclamation is 8,916
proposed, the relationship of the lands to be reclaimed and the 8,917
proposed reclamation to surrounding areas, the specific criteria 8,918
for ranking and identifying projects to be funded, and the legal 8,919
authority and programmatic capability to perform the work in 8,921
accordance with this section. 8,922
(2) On an annual basis, the chief may submit to the 8,924
secretary an application for support of the abandoned mine 8,925
reclamation fund and implementation of specific reclamation 8,926
projects. The annual requests shall include such information as 8,927
may be requested by the secretary. 8,928
Before submitting an annual application to the secretary, 8,930
the chief first shall submit it to the council on unreclaimed 8,932
strip mined lands for review and approval by the council. The 8,933
chief shall not submit such an application to the secretary until 8,935
it has been approved by the council. The chief shall submit 8,936
applications for administrative costs, imminent hazards, or 8,937
emergency projects to the council for review. 8,938
(3) The costs for each proposed project under this section 8,940
shall include actual construction costs, actual operation and 8,941
maintenance costs of permanent facilities, planning and 8,942
engineering costs, construction inspection costs, and other 8,943
necessary administrative expenses. 8,944
205
(4) Before making any expenditure of funds from the fund 8,946
to implement any specific reclamation project under this section, 8,947
the chief first shall submit to the council a project proposal 8,949
and any other pertinent information regarding the project 8,950
requested by the council for review and approval of the specific 8,951
project by the council. 8,953
(5) The chief may submit annual and other reports required 8,956
by the secretary when funds are provided by the secretary under 8,957
Title IV of the "Surface Mining Control and Reclamation Act of 8,958
1977," 91 Stat. 445, 30 U.S.C.A. 1201, regulations adopted under 8,959
it, and amendments to the act and regulations. 8,960
(E)(1) There is hereby created in the state treasury the 8,962
acid mine drainage abatement and treatment fund, which shall be 8,963
administered by the chief. The fund shall consist of grants from 8,964
the secretary of the interior from the federal abandoned mine 8,965
reclamation fund pursuant to section 402(g)(6) of Title IV of the 8,967
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 8,968
445, 30 U.S.C.A. 1201. All investment earnings of the fund shall 8,969
be credited to the fund.
(2) The chief shall make expenditures from the fund, in 8,971
consultation with the United States department of agriculture, 8,973
soil conservation service, to implement acid mine drainage 8,974
abatement and treatment plans approved by the secretary. The 8,975
plans shall provide for the comprehensive abatement of the causes 8,977
and treatment of the effects of acid mine drainage within 8,978
qualified hydrologic units affected by coal mining practices and 8,979
shall include at least all of the following:
(a) An identification of the qualified hydrologic unit. 8,981
As used in division (E) of this section, "qualified hydrologic 8,983
unit" means a hydrologic unit that meets all of the following 8,984
criteria:
(i) The water quality in the unit has been significantly 8,986
affected by acid mine drainage from coal mining practices in a 8,988
manner that has an adverse impact on biological resources;. 8,989
206
(ii) The unit contains lands and waters that meet the 8,991
eligibility requirements established under division (C) of this 8,992
section and any of the priorities established in divisions (B)(1) 8,993
to (3) of this section;. 8,994
(iii) The unit contains lands and waters that are proposed 8,996
to be the subject of expenditures from the reclamation forfeiture 8,998
fund created in section 1513.18 of the Revised Code, the 8,999
reclamation supplemental forfeiture fund created in that section, 9,000
or the unreclaimed lands fund created in section 1513.30 of the 9,001
Revised Code.
(b) The extent to which acid mine drainage is affecting 9,003
the water quality and biological resources within the hydrologic 9,005
unit;
(c) An identification of the sources of acid mine drainage 9,007
within the hydrologic unit; 9,009
(d) An identification of individual projects and the 9,011
measures proposed to be undertaken to abate and treat the causes 9,013
or effects of acid mine drainage within the hydrologic unit; 9,014
(e) The cost of undertaking the proposed abatement and 9,016
treatment measures; 9,017
(f) An identification of existing and proposed sources of 9,019
funding for those measures; 9,021
(g) An analysis of the cost-effectiveness and 9,023
environmental benefits of abatement and treatment measures. 9,025
(3) The chief may make grants of moneys from the acid mine 9,028
drainage abatement and treatment fund to watershed groups for 9,029
conducting projects to accomplish the purposes of this section. 9,030
A grant may be made in an amount equal to not more than fifty per 9,031
cent of each of the following:
(a) Reasonable and necessary expenses for the collection 9,034
and analysis of data sufficient to do either or both of the 9,035
following:
(i) Identify a watershed as a qualified hydrologic unit; 9,038
(ii) Monitor the quality of water in a qualified 9,040
207
hydrologic unit before, during, and at any time after completion 9,041
of the project by the watershed group. 9,042
(b) Engineering design costs and construction costs 9,045
involved in the project, provided that the project is conducted 9,046
in a qualified hydrologic unit and the chief considers the 9,047
project to be a priority.
A watershed group that wishes to obtain a grant under 9,049
division (E)(3) of this section shall submit an application to 9,051
the chief on forms provided by the division of mines and 9,052
reclamation MINERAL RESOURCES MANAGEMENT, together with detailed 9,053
estimates and timetables for accomplishing the stated goals of 9,054
the project and any other information that the chief requires. 9,056
For the purposes of establishing priorities for awarding 9,058
grants under division (E)(3) of this section, the chief shall 9,060
consider each project's feasibility, cost-effectiveness, and 9,061
environmental benefit, together with the availability of matching 9,062
funding, including in-kind services, for the project. 9,063
The chief shall enter into a contract for funding with each 9,066
applicant awarded a grant to ensure that the moneys granted are 9,067
used for the purposes of this section and that the work that the 9,068
project involves is done properly. The contract is not subject 9,069
to division (B) of section 127.16 of the Revised Code. The final 9,071
payment of grant moneys shall not be made until the chief 9,072
inspects and approves the completed project. 9,073
The chief shall require each applicant awarded a grant 9,075
under this section who conducts a project involving construction 9,076
work to pay workers at the greater of their regular rate of pay, 9,077
as established by contract, agreement, or prior custom or 9,078
practice, or the average wage rate paid in this state for the 9,079
same or similar work performed in the same or a similar locality 9,080
by private companies doing similar work on similar projects. 9,082
As used in division (E)(3) of this section, "watershed 9,085
group" means a charitable organization as defined in section 9,086
1716.01 of the Revised Code that has been established for the 9,088
208
purpose of conducting reclamation of land and waters adversely 9,089
affected by coal mining practices and specifically for conducting 9,090
acid mine drainage abatement.
(F)(1) If the chief makes a finding of fact that land or 9,092
water resources have been adversely affected by past coal mining 9,093
practices; the adverse effects are at a stage where, in the 9,094
public interest, action to restore, reclaim, abate, control, or 9,095
prevent the adverse effects should be taken; the owners of the 9,096
land or water resources where entry must be made to restore, 9,097
reclaim, abate, control, or prevent the adverse effects of past 9,098
coal mining practices are not known or are not readily available; 9,099
or the owners will not give permission for the state, political 9,100
subdivisions, or their agents, employees, or contractors to enter 9,101
upon the property to restore, reclaim, abate, control, or prevent 9,102
the adverse effects of past coal mining practices; then, upon 9,103
giving notice by mail to the owners, if known, or, if not known, 9,104
by posting notice upon the premises and advertising once in a 9,105
newspaper of general circulation in the municipal corporation or 9,106
county in which the land lies, the chief or the chief's agents, 9,108
employees, or contractors may enter upon the property adversely 9,109
affected by past coal mining practices and any other property to 9,110
have access to the property to do all things necessary or 9,111
expedient to restore, reclaim, abate, control, or prevent the 9,112
adverse effects. The entry shall be construed as an exercise of 9,113
the police power for the protection of the public health, safety, 9,114
and general welfare and shall not be construed as an act of 9,115
condemnation of property nor of trespass on it. The moneys 9,117
expended for the work and the benefits accruing to any such 9,118
premises so entered upon shall be chargeable against the land and 9,119
shall mitigate or offset any claim in or any action brought by 9,120
any owner of any interest in the premises for any alleged damages 9,121
by virtue of the entry, but this provision is not intended to 9,122
create new rights of action or eliminate existing immunities. 9,123
(2) The chief or the chief's authorized representatives 9,125
209
may enter upon any property for the purpose of conducting studies 9,127
or exploratory work to determine the existence of adverse effects 9,128
of past coal mining practices and to determine the feasibility of 9,129
restoration, reclamation, abatement, control, or prevention of 9,130
such adverse effects. The entry shall be construed as an 9,131
exercise of the police power for the protection of the public 9,132
health, safety, and general welfare and shall not be construed as 9,133
an act of condemnation of property nor trespass on it. 9,134
(3) The chief may acquire any land by purchase, donation, 9,136
or condemnation that is adversely affected by past coal mining 9,137
practices if the chief determines that acquisition of the land is 9,138
necessary to successful reclamation and that all of the following 9,139
apply:
(a) The acquired land, after restoration, reclamation, 9,141
abatement, control, or prevention of the adverse effects of past 9,142
coal mining practices, will serve recreation and historic 9,143
purposes, serve conservation and reclamation purposes, or provide 9,144
open space benefits;. 9,145
(b) Permanent facilities such as a treatment plant or a 9,147
relocated stream channel will be constructed on the land for the 9,148
restoration, reclamation, abatement, control, or prevention of 9,149
the adverse effects of past coal mining practices;. 9,150
(c) Acquisition of coal refuse disposal sites and all coal 9,152
refuse thereon will serve the purposes of this section or that 9,153
public ownership is desirable to meet emergency situations and 9,154
prevent recurrences of the adverse effects of past coal mining 9,155
practices. 9,156
(4)(a) Title to all lands acquired pursuant to this 9,158
section shall be in the name of the state. The price paid for 9,159
land acquired under this section shall reflect the market value 9,160
of the land as adversely affected by past coal mining practices. 9,161
(b) The chief may receive grants on a matching basis from 9,163
the secretary of the interior for the purpose of carrying out 9,164
this section. 9,165
210
(5)(a) Where land acquired pursuant to this section is 9,167
considered to be suitable for industrial, commercial, 9,168
residential, or recreational development, the chief may sell the 9,169
land by public sale under a system of competitive bidding at not 9,170
less than fair market value and under other requirements imposed 9,172
by rule to ensure that the lands are put to proper use consistent 9,173
with local and state land use plans, if any, as determined by the 9,174
chief.
(b) The chief, when requested, and after appropriate 9,176
public notice, shall hold a public meeting in the county, 9,177
counties, or other appropriate political subdivisions of the 9,178
state in which lands acquired pursuant to this section are 9,179
located. The meetings shall be held at a time that shall afford 9,181
local citizens and governments the maximum opportunity to 9,182
participate in the decision concerning the use or disposition of 9,183
the lands after restoration, reclamation, abatement, control, or 9,184
prevention of the adverse effects of past coal mining practices. 9,185
(6) In addition to the authority to acquire land under 9,187
division (F)(3) of this section, the chief may use money in the 9,188
fund to acquire land by purchase, donation, or condemnation, and 9,189
to reclaim and transfer acquired land to a political subdivision, 9,190
or to any person, if the chief determines that it is an integral 9,192
and necessary element of an economically feasible plan for the 9,193
construction or rehabilitation of housing for persons disabled as 9,194
the result of employment in the mines or work incidental to that 9,196
employment, persons displaced by acquisition of land pursuant to
this section, persons dislocated as the result of adverse effects 9,197
of coal mining practices that constitute an emergency as provided 9,198
in the "Surface Mining Control and Reclamation Act of 1977," 91 9,199
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons 9,201
dislocated as the result of natural disasters or catastrophic 9,202
failures from any cause. Such activities shall be accomplished 9,203
under such terms and conditions as the chief requires, which may 9,204
include transfers of land with or without monetary consideration, 9,205
211
except that to the extent that the consideration is below the 9,206
fair market value of the land transferred, no portion of the 9,207
difference between the fair market value and the consideration 9,208
shall accrue as a profit to those persons. No part of the funds 9,209
provided under this section may be used to pay the actual 9,210
construction costs of housing. The chief may carry out the 9,211
purposes of division (F)(6) of this section directly or by making 9,213
grants and commitments for grants and may advance money under 9,214
such terms and conditions as the chief may require to any agency 9,215
or instrumentality of the state or any public body or nonprofit 9,217
organization designated by the chief. 9,218
(G)(1) Within six months after the completion of projects 9,220
to restore, reclaim, abate, control, or prevent adverse effects 9,221
of past coal mining practices on privately owned land, the chief 9,222
shall itemize the moneys so expended and may file a statement of 9,224
the expenditures in the office of the county recorder of the 9,225
county in which the land lies, together with a notarized 9,226
appraisal by an independent appraiser of the value of the land 9,227
before the restoration, reclamation, abatement, control, or 9,228
prevention of adverse effects of past coal mining practices if 9,229
the moneys so expended result in a significant increase in 9,230
property value. The statement shall constitute a lien upon the 9,231
land as of the date of the expenditures of the moneys and shall 9,232
have priority as a lien second only to the lien of real property 9,233
taxes imposed upon the land. The lien shall not exceed the 9,234
amount determined by the appraisal to be the increase in the fair 9,235
market value of the land as a result of the restoration, 9,236
reclamation, abatement, control, or prevention of the adverse 9,237
effects of past coal mining practices. No lien shall be filed 9,238
under division (G) of this section against the property of any 9,240
person who owned the surface prior to May 2, 1977, and did not 9,241
consent to, participate in, or exercise control over the mining 9,242
operation that necessitated the reclamation performed.
(2) The landowner may petition, within sixty days after 9,244
212
the filing of the lien, to determine the increase in the fair 9,245
market value of the land as a result of the restoration, 9,246
reclamation, abatement, control, or prevention of the adverse 9,247
effects of past coal mining practices. The amount reported to be 9,248
the increase in value of the premises shall constitute the amount 9,249
of the lien and shall be recorded with the statement provided in 9,250
this section. Any party aggrieved by the decision may appeal as 9,251
provided by state law. 9,252
(3) The lien provided in division (G) of this section 9,255
shall be recorded and indexed, under the name of the state and 9,256
the landowner, in a lien index in the office of the county 9,257
recorder of the county in which the land lies. The county 9,258
recorder shall impose no charge for the recording or indexing of 9,259
the lien. If the land is registered, the county recorder shall 9,260
make a notation and enter a memorial of the lien upon the page of 9,261
the register in which the last certificate of title to the land 9,262
is registered, stating the name of the claimant, amount claimed, 9,263
volume and page of the record where recorded, and exact time the 9,264
memorial was entered.
(4) The lien shall continue in force so long as any 9,266
portion of the amount of the lien remains unpaid. If the lien 9,267
remains unpaid at the time of conveyance of the land on which the 9,268
lien was placed, the conveyance may be set aside. Upon repayment 9,269
in full of the moneys expended under this section, the chief 9,271
promptly shall issue a certificate of release of the lien. Upon 9,272
presentation of the certificate of release, the county recorder 9,273
of the county in which the lien is recorded shall record the lien 9,274
as having been discharged.
(5) A lien imposed under this section shall be foreclosed 9,276
upon the substantial failure of a landowner to pay any portion of 9,277
the amount of the lien. Before foreclosing any lien under this 9,278
section, the chief shall make a written demand upon the landowner 9,279
for payment. If the landowner does not pay the amount due within 9,280
sixty days, the chief shall refer the matter to the attorney 9,281
213
general, who shall institute a civil action to foreclose the
lien.
(H)(1) The chief may fill voids, seal abandoned tunnels, 9,284
shafts, and entryways, and reclaim surface impacts of underground 9,285
or strip mines that the chief determines could endanger life and 9,287
property, constitute a hazard to the public health and safety, or 9,288
degrade the environment.
(2) In those instances where mine waste piles are being 9,290
reworked for conservation purposes, the incremental costs of 9,291
disposing of the wastes from those operations by filling voids 9,292
and sealing tunnels may be eligible for funding, provided that 9,293
the disposal of these wastes meets the purposes of this section. 9,294
(3) The chief may acquire by purchase, donation, easement, 9,296
or otherwise such interest in land as the chief determines 9,297
necessary to carry out division (H) of this section. 9,299
(I) The chief shall report annually to the secretary of 9,302
the interior on operations under the fund and include 9,303
recommendations as to its future uses. 9,304
(J)(1) The chief may engage in any work and do all things 9,306
necessary or expedient, including the adoption of rules, to 9,307
implement and administer this section. 9,308
(2) The chief may engage in cooperative projects under 9,310
this section with any agency of the United States, any other 9,311
state, or their governmental agencies or with any state 9,312
university or college as defined in section 3345.27 of the 9,313
Revised Code. The cooperative projects are not subject to 9,314
division (B) of section 127.16 of the Revised Code.
(3) The chief may request the attorney general to initiate 9,316
in any court of competent jurisdiction an action in equity for an 9,317
injunction to restrain any interference with the exercise of the 9,318
right to enter or to conduct any work provided in this section, 9,319
which remedy is in addition to any other remedy available under 9,320
this section. 9,321
(4) The chief may construct or operate a plant or plants 9,323
214
for the control and treatment of water pollution resulting from 9,324
mine drainage. The extent of this control and treatment may be 9,325
dependent upon the ultimate use of the water. Division (J)(4) of 9,326
this section does not repeal or supersede any portion of the 9,327
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 9,328
U.S.C.A. 1151, as amended, and no control or treatment under 9,329
division (J)(4) of this section, in any way, shall be less than 9,330
that required by that act. The construction of a plant or plants 9,331
may include major interceptors and other facilities appurtenant 9,332
to the plant. 9,333
(5) The chief may transfer money from the abandoned mine 9,335
reclamation fund and the acid mine drainage abatement and 9,337
treatment fund to other appropriate state agencies or to state 9,338
universities or colleges in order to carry out the reclamation 9,339
activities authorized by this section. 9,340
(K) The chief may contract for any part of work to be 9,342
performed under this section, with or without advertising for 9,343
bids, if the chief determines that a condition exists that could 9,345
reasonably be expected to cause substantial physical harm to 9,346
persons, property, or the environment and to which persons or 9,347
improvements on real property are currently exposed. 9,348
The chief shall require every contractor performing 9,350
reclamation work under this section to pay its workers at the 9,351
greater of their regular rate of pay, as established by contract, 9,352
agreement, or prior custom or practice, or the average wage rate 9,353
paid in this state for the same or similar work as determined by 9,354
the chief under section 1513.02 of the Revised Code. 9,355
(L)(1) The chief may contract for the emergency 9,357
restoration, reclamation, abatement, control, or prevention of 9,358
adverse effects of mining practices on eligible lands if the 9,359
chief determines that an emergency exists constituting a danger 9,360
to the public health, safety, or welfare and that no other person 9,361
or agency will act expeditiously to restore, reclaim, abate, 9,362
control, or prevent those adverse effects. The chief may enter 9,363
215
into a contract for emergency work under division (L) of this 9,364
section without advertising for bids. Any such contract or any 9,365
purchase of materials for emergency work under division (L) of 9,366
this section is not subject to division (B) of section 127.16 of 9,368
the Revised Code.
(2) The chief or the chief's agents, employees, or 9,370
contractors may enter on any land where such an emergency exists, 9,372
and on other land in order to have access to that land, in order 9,373
to restore, reclaim, abate, control, or prevent the adverse 9,374
effects of mining practices and to do all things necessary or
expedient to protect the public health, safety, or welfare. Such 9,375
an entry shall be construed as an exercise of the police power 9,376
and shall not be construed as an act of condemnation of property 9,377
or of trespass. The moneys expended for the work and the 9,378
benefits accruing to any premises so entered upon shall be 9,379
chargeable against the land and shall mitigate or offset any
claim in or any action brought by any owner of any interest in 9,380
the premises for any alleged damages by virtue of the entry. 9,382
This provision is not intended to create new rights of action or 9,383
eliminate existing immunities.
Sec. 1513.39. (A) No person shall discharge, or in any 9,392
other way discriminate against or cause to be fired or 9,393
discriminated against, any employee or any authorized 9,394
representative of employees by reason of the fact that the 9,395
employee or representative has filed, instituted, or caused to be 9,396
filed or instituted any proceeding under this chapter or has 9,397
testified or is about to testify in any proceeding resulting from 9,398
the administration or enforcement of this chapter. 9,399
(B) Any employee or representative of employees who 9,401
believes that he THE EMPLOYEE OR REPRESENTATIVE has been fired or 9,403
otherwise discriminated against by any person in violation of
division (A) of this section may, within thirty days after the 9,404
alleged violation occurs, apply to the chief of the division of 9,405
mines and reclamation MINERAL RESOURCES MANAGEMENT for a review 9,407
216
of the firing or alleged discrimination. A copy of the
application shall be sent to the person or operator who will be 9,408
the respondent. Upon receipt of the application, the chief shall 9,409
cause such investigation to be made as he THE CHIEF considers 9,410
appropriate. The investigation shall provide an opportunity for 9,411
a public hearing at the request of any party to the review to 9,412
enable the parties to present information relating to the alleged 9,413
violation. The parties shall be given written notice of the time 9,414
and place of the hearing at least five days prior to the hearing. 9,415
Any such hearing shall be of record. Upon receiving the report 9,416
of the investigation the chief shall make findings of fact. If 9,417
he THE CHIEF finds that a violation did occur, he THE CHIEF shall 9,418
issue a decision incorporating therein his THE CHIEF'S findings 9,419
and an order requiring the party committing the violation to take 9,420
such affirmative action to abate the violation as the chief 9,422
considers appropriate, including, but not limited to, the 9,423
rehiring or reinstatement of the employee or representative of 9,424
employees to his THE EMPLOYEE'S OR REPRESENTATIVE'S former 9,426
position with compensation. If he THE CHIEF finds that there was 9,427
no violation, he THE CHIEF shall issue a finding to that effect. 9,428
Orders issued by the chief under this division shall be subject
to judicial review in the same manner as orders and decisions of 9,429
the chief are subject to judicial review under this chapter. 9,430
(C) Whenever an order is issued under this section to 9,432
abate any violation, at the request of the applicant, a sum equal 9,433
to the aggregate amount of all costs and expenses, including 9,434
attorney's fees, determined to have been necessary and reasonably 9,435
incurred by the applicant for, or in connection with, the 9,436
institution and prosecution of such proceedings, shall be 9,437
assessed against the persons committing the violation and may be 9,438
awarded in accordance with division (E) of section 1513.13 of the 9,439
Revised Code. 9,440
Sec. 1513.40. Whenever a corporate permittee violates a 9,449
condition of a permit issued pursuant to this chapter or fails or 9,450
217
refuses to comply with any order of the chief of the division of 9,451
mines and reclamation MINERAL RESOURCES MANAGEMENT or his THE 9,452
CHIEF'S representative, any director, officer, or agent of the 9,453
corporation who purposely authorized, ordered, or carried out 9,454
such violation, failure, or refusal shall be subject to the same 9,455
civil penalties, fines, and imprisonment that may be imposed upon 9,456
a person under this chapter.
Sec. 1513.41. When an inspection by the chief of the 9,465
division of mines and reclamation MINERAL RESOURCES MANAGEMENT or 9,466
his THE CHIEF'S representative results from information provided 9,468
by any person, the chief or his THE CHIEF'S representative shall 9,469
notify the person when the inspection is proposed to be carried 9,470
out and the person may accompany the chief or his THE CHIEF'S 9,471
representative during the inspection.
Sec. 1514.02. (A) After the dates the chief of the 9,480
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 9,481
prescribes by rule pursuant to section 1514.08 of the Revised 9,483
Code, but not later than July 1, 1977, nor earlier than July 1, 9,484
1975, no operator shall engage in surface mining or conduct a 9,485
surface mining operation without a permit issued by the chief. 9,486
An application for a permit shall be upon the form that the 9,488
chief prescribes and provides and shall contain all of the 9,489
following:
(1) The name and address of the applicant, of all partners 9,491
if the applicant is a partnership, or of all officers and 9,492
directors if the applicant is a corporation, and any other person 9,493
who has a right to control or in fact controls the management of 9,494
the applicant or the selection of officers, directors, or 9,495
managers of the applicant; 9,496
(2) A list of the minerals and coal, if any coal, sought 9,498
to be extracted, an estimate of the annual production rates for 9,499
each mineral and coal, and a description of the land upon which 9,500
the applicant proposes to engage in a surface mining operation, 9,501
which description shall set forth the name of the counties, 9,502
218
townships, and municipal corporations, if any, in which the land 9,503
is located; the location of its boundaries; and a description of 9,504
the land of sufficient certainty that it may be located and 9,505
distinguished from other lands; 9,506
(3) An estimate of the number of acres of land that will 9,508
comprise the total area of land to be affected and an estimate of 9,509
the number of acres of land to be affected during the first year 9,510
of operation under the permit; 9,511
(4) The name and address of the owner of surface rights in 9,513
the land upon which the applicant proposes to engage in surface 9,514
mining; 9,515
(5) A copy of the deed, lease, or other instrument that 9,517
authorizes entry upon the land by the applicant or the 9,518
applicant's agents if surface rights in the land are not owned by 9,520
the applicant;
(6) A statement of whether any surface mining permits or 9,522
coal mining and reclamation permits are now held by the applicant 9,523
in this state and, if so, the numbers of the permits; 9,524
(7) A statement of whether the applicant, any partner if 9,526
the applicant is a partnership, any officer or director if the 9,527
applicant is a corporation, or any other person who has a right 9,528
to control or in fact controls the management of the applicant or 9,529
the selection of officers, directors, or managers of the 9,530
applicant has ever had a surface mining permit or coal mining and 9,531
reclamation permit issued by this or any other state suspended or 9,532
revoked or has ever forfeited a surface mining or coal mining and 9,533
reclamation bond or cash, an irrevocable letter of credit, or a 9,534
security deposited in lieu of a bond; 9,535
(8) A report of the results of test borings that the 9,537
operator has conducted on the area or otherwise has readily 9,538
available, including, to the extent that the information is 9,539
readily available to the operator, the nature and depth of 9,540
overburden and material underlying each mineral or coal deposit, 9,541
and the thickness and extent of each mineral or coal deposit. 9,542
219
All information relating to test boring results submitted to the 9,543
chief pursuant to this section shall be kept confidential and not 9,544
made a matter of public record, except that the information may 9,546
be disclosed by the chief in any legal action in which the
truthfulness of the information is material. 9,547
(9) A complete plan for mining and reclamation of the area 9,549
to be affected, which shall include a statement of the intended 9,550
future uses of the area and show the approximate sequence in 9,551
which mining and reclamation measures are to occur, the 9,552
approximate intervals following mining during which the 9,553
reclamation of all various parts of the area affected will be 9,554
completed, and the measures the operator will perform to prevent 9,555
damage to adjoining property and to achieve all of the following 9,556
general performance standards for mining and reclamation: 9,557
(a) Prepare the site adequately for its intended future 9,559
uses upon completion of mining; 9,560
(b) Where a plan of zoning or other comprehensive plan has 9,562
been adopted that governs land uses or the construction of public 9,564
improvements and utilities for an area that includes the area 9,565
sought to be mined, ensure that future land uses within the site 9,566
will not conflict with the plan;
(c) Grade, contour, or terrace final slopes, wherever 9,568
needed, sufficient to achieve soil stability and control 9,569
landslides, erosion, and sedimentation. Highwalls will be 9,570
permitted if they are compatible with the future uses specified 9,571
in the plan and measures will be taken to ensure public safety. 9,572
Where ponds, impoundments, or other resulting bodies of water are 9,573
intended for recreational use, establish banks and slopes that 9,574
will ensure safe access to those bodies of water. Where such 9,575
bodies of water are not intended for recreation, include measures 9,576
to ensure public safety, but access need not be provided. 9,577
(d) Resoil the area of land affected, wherever needed, 9,579
with topsoil or suitable subsoil, fertilizer, lime, or soil 9,580
amendments, as appropriate, in sufficient quantity and depth to 9,581
220
raise and maintain a diverse growth of vegetation adequate to 9,582
bind the soil and control soil erosion and sedimentation; 9,583
(e) Establish a diverse vegetative cover of grass and 9,585
legumes or trees, grasses, and legumes capable of 9,586
self-regeneration and plant succession wherever required by the 9,587
plan; 9,588
(f) Remove or bury any metal, lumber, equipment, or other 9,590
refuse resulting from mining, and remove or bury any unwanted or 9,591
useless structures; 9,592
(g) Reestablish boundary, section corner, government, and 9,594
other survey monuments that were removed by the operator; 9,595
(h) During mining and reclamation, ensure that 9,597
contamination, resulting from mining, of underground water 9,598
supplies is prevented. Upon completion of reclamation, ensure 9,599
that any lake or pond located within the site boundaries is free 9,600
of substances resulting from mining in amounts or concentrations 9,601
that are harmful to persons, fish, waterfowl, or other beneficial 9,602
species of aquatic life. 9,603
(i) During mining and reclamation, control drainage so as 9,605
to prevent the causing of flooding, landslides, and flood hazards 9,606
to adjoining lands resulting from the mining operation. Leave 9,607
any ponds in such condition as to avoid their constituting a 9,608
hazard to adjoining lands. 9,609
(j) Ensure that mining and reclamation are carried out in 9,611
the sequence and manner set forth in the plan and that 9,612
reclamation measures are performed in a timely manner. All 9,613
reclamation of an area of land affected shall be completed no 9,614
later than three years following the mining of the area unless 9,615
the operator makes a showing satisfactory to the chief that the 9,616
future use of the area requires a longer period for completing 9,617
reclamation. 9,618
(k) During mining, store topsoil or fill in quantities 9,620
sufficient to complete the backfilling, grading, contouring, 9,621
terracing, and resoiling that is specified in the plan. 9,622
221
Stabilize the slopes of and plant each spoil bank to control soil 9,623
erosion and sedimentation wherever substantial damage to 9,624
adjoining property might occur. 9,625
(l) During mining, promptly remove, store, or cover any 9,627
coal, pyritic shale, or other acid producing materials in a 9,628
manner that will minimize acid drainage and the accumulation of 9,629
acid water; 9,630
(m) During mining, detonate explosives in a manner that 9,632
will prevent damage to adjoining property. 9,633
(10) For any applicant who intends to extract less than 9,635
ten thousand tons of minerals per year and no incidental coal, a 9,636
current tax map, in triplicate and notarized, and the appropriate 9,637
United States geological survey seven and one-half minute 9,638
topographic map. Each copy shall bear the applicant's name and 9,639
shall identify the area of land to be affected corresponding to 9,640
the application. 9,641
(11) For any applicant who intends to extract ten thousand 9,643
tons of minerals or more per year or who intends to extract any 9,644
incidental coal irrespective of the tonnage of minerals intended 9,645
to be mined, a map, in triplicate, on a scale of not more than 9,646
four hundred feet to the inch, or three copies of an enlarged 9,647
United States geological survey topographic map on a scale of not 9,648
more than four hundred feet to the inch. 9,649
The map shall comply with all of the following: 9,651
(a) Be prepared and certified by a professional engineer 9,654
or surveyor registered under Chapter 4733. of the Revised Code;
(b) Identify the area of land to be affected corresponding 9,656
to the application; 9,657
(c) Show the probable limits of subjacent and adjacent 9,659
deep, strip, or surface mining operations, whether active, 9,660
inactive, or mined out; 9,661
(d) Show the boundaries of the area of land to be affected 9,663
during the period of the permit and the area of land estimated to 9,664
be affected during the first year of operation, and name the 9,665
222
surface and mineral owners of record of the area and the owners 9,666
of record of adjoining surface properties; 9,667
(e) Show the names and locations of all streams, creeks, 9,669
or other bodies of water, roads, railroads, utility lines, 9,670
buildings, cemeteries, and oil and gas wells on the area of land 9,671
to be affected and within five hundred feet of the perimeter of 9,672
the area; 9,673
(f) Show the counties, municipal corporations, townships, 9,675
and sections in which the area of land to be affected is located; 9,676
(g) Show the drainage plan on, above, below, and away from 9,678
the area of land to be affected, indicating the directional flow 9,679
of water, constructed drainways, natural waterways used for 9,680
drainage, and the streams or tributaries receiving or to receive 9,681
this discharge; 9,682
(h) Show the location of available test boring holes that 9,684
the operator has conducted on the area of land to be affected or 9,685
otherwise has readily available; 9,686
(i) Show the date on which the map was prepared, the north 9,688
direction and the quadrangle sketch, and the exact location of 9,689
the operation; 9,690
(j) Show the type, kind, location, and references of all 9,692
existing boundary, section corner, government, and other survey 9,693
monuments within the area to be affected and within five hundred 9,694
feet of the perimeter of the area. 9,695
The certification of the maps shall read: "I, the 9,697
undersigned, hereby certify that this map is correct, and shows 9,698
to the best of my knowledge and belief all of the information 9,699
required by the surface mining laws of the state." The 9,700
certification shall be signed and attested before a notary 9,701
public. The chief may reject any map as incomplete if its 9,702
accuracy is not so certified and attested. 9,703
(12) A certificate of public liability insurance issued by 9,705
an insurance company authorized to do business in this state or 9,706
obtained pursuant to sections 3905.30 to 3905.35 of the Revised 9,707
223
Code covering all surface mining operations of the applicant in 9,708
this state and affording bodily injury and property damage 9,709
protection in amounts not less than the following: 9,710
(a) One hundred thousand dollars for all damages because 9,712
of bodily injury sustained by one person as the result of any one 9,713
occurrence, and three hundred thousand dollars for all damages 9,714
because of bodily injury sustained by two or more persons as the 9,715
result of any one occurrence; 9,716
(b) One hundred thousand dollars for all claims arising 9,718
out of damage to property as the result of any one occurrence, 9,719
with an aggregate limit of three hundred thousand dollars for all 9,720
property damage to which the policy applies. 9,721
(B) No permit application or amendment shall be approved 9,723
by the chief if the chief finds that the reclamation described in 9,725
the application will not be performed in full compliance with 9,726
this chapter or that there is not reasonable cause to believe 9,727
that reclamation as required by this chapter will be 9,728
accomplished.
The chief shall issue an order denying an application for 9,730
an operating permit or an amendment if the chief determines that 9,732
the measures set forth in the plan are likely to be inadequate to 9,733
prevent damage to adjoining property or to achieve one or more of 9,734
the performance standards required in division (A)(9) of this 9,735
section. 9,736
No permit application or amendment shall be approved to 9,738
surface mine land adjacent to a public road in violation of 9,739
section 1563.11 of the Revised Code. 9,740
To ensure adequate lateral support, no permit application 9,742
or amendment shall be approved to engage in surface mining on 9,743
land that is closer than fifty feet of horizontal distance to any 9,744
adjacent land or waters in which the operator making application 9,745
does not own the surface or mineral rights unless the owners of 9,746
the surface and mineral rights in and under the adjacent land or 9,747
waters consent in writing to surface mining closer than fifty 9,748
224
feet of horizontal distance. The consent, or a certified copy 9,749
thereof, shall be attached to the application as a part of the 9,750
permanent record of the application for a surface mining permit. 9,751
The chief shall issue an order granting a permit upon the 9,753
chief's approval of an application, as required by this section, 9,754
filing of the performance bond required by section 1514.04 of the 9,756
Revised Code, and payment of a permit fee in the amount of two 9,757
hundred fifty dollars and an acreage fee in the amount of thirty 9,758
dollars multiplied by the number of acres estimated in the 9,759
application that will comprise the area of land to be affected 9,760
within the first year of operation under the permit, but which 9,761
acreage fee shall not exceed one thousand dollars per year. 9,762
The chief may issue an order denying a permit if the chief 9,764
finds that the applicant, any partner if the applicant is a 9,766
partnership, any officer or director if the applicant is a 9,767
corporation, or any other person who has a right to control or in 9,768
fact controls the management of the applicant or the selection of 9,769
officers, directors, or managers of the applicant has 9,770
substantially or materially failed to comply or continues to fail 9,771
to comply with this chapter, which failure may consist of one or 9,772
more violations thereof, a rule adopted thereunder, or an order 9,773
of the chief or failure to perform reclamation as required by 9,774
this chapter. The chief may deny or revoke the permit of any 9,775
person who so violates or fails to comply or who purposely 9,776
misrepresents or omits any material fact in the application for 9,777
the permit or an amendment to a permit. 9,778
If the chief denies the permit, the chief shall state the 9,780
reasons for denial in the order denying the permit. 9,782
Each permit shall be issued upon condition that the 9,784
operator will comply with this chapter and perform the measures 9,786
set forth in the operator's plan of mining and reclamation in a 9,788
timely manner and upon the right of the chief, division MINERAL 9,789
RESOURCES inspectors, or other authorized representatives of the 9,790
chief to enter upon the premises of the operator at reasonable 9,791
225
times for the purposes of determining whether or not there is 9,792
compliance with this chapter. 9,793
(C) If the chief approves the application, the order 9,795
granting the permit shall authorize the person to whom the permit 9,796
is issued to engage as the operator of a surface mining operation 9,797
upon the land described in the permit during a period that shall 9,798
expire ten years after the date of issuance of the permit, or 9,799
upon the date when the chief, after inspection, orders the 9,800
release of any remaining performance bond deposited to assure 9,802
satisfactory performance of the reclamation measures required 9,803
pursuant to this chapter, whichever occurs earlier.
(D) Before an operator engages in a surface mining 9,805
operation on land not described in the operator's permit, but 9,807
that is contiguous to the land described in the operator's 9,808
permit, the operator shall file with the chief an application for 9,810
an amendment to the operator's permit. Before approving an 9,812
amendment, the chief shall require the information, maps, fees, 9,813
and performance bond as required for an original application 9,814
under this section and shall apply the same prohibitions and 9,815
restrictions applicable to land described in an original 9,816
application for a permit. If the chief disapproves the 9,817
amendment, the chief shall state the reasons for disapproval in 9,819
the order disapproving the amendment. Upon the approval of an 9,820
amendment by the chief, the operator shall be authorized to 9,821
engage in surface mining on the land described in the operator's 9,822
original permit plus the land described in the amendment until 9,824
the date when the permit expires, or when the chief, after
inspection, orders the release of any remaining performance bond 9,825
deposited to assure satisfactory performance of the reclamation 9,827
measures required pursuant to this chapter, whichever occurs 9,828
earlier.
(E) An operator, at any time and upon application therefor 9,830
and approval by the chief, may amend the plan of mining and 9,831
reclamation filed with the application for a permit in order to 9,832
226
change the reclamation measures to be performed, modify the 9,833
interval after mining within which reclamation measures will be 9,834
performed, change the sequence in which mining or reclamation 9,835
will occur at specific locations within the area affected, mine 9,836
acreage previously mined or reclaimed, or for any other purpose, 9,837
provided that the plan, as amended, includes measures that the 9,838
chief determines will be adequate to prevent damage to adjoining 9,839
property and to achieve the performance standards set forth in 9,840
division (A)(9) of this section. 9,841
The chief may propose one or more amendments to the plan in 9,843
writing, within ninety days after the fifth anniversary of the 9,844
date of issuance of the permit and upon a finding of any of the 9,845
following conditions after a complete review of the plan and 9,846
inspection of the area of land affected, and the plan shall be so 9,847
amended upon written concurrence in the findings and approval of 9,848
the amendments by the operator: 9,849
(1) An alternate measure, in lieu of one previously 9,851
approved in the plan, will more economically or effectively 9,852
achieve one or more of the performance standards. 9,853
(2) Developments in reclamation technology make an 9,855
alternate measure to achieve one or more of the performance 9,856
standards more economical, feasible, practical, or effective. 9,857
(3) Changes in the use or development of adjoining lands 9,859
require changes in the intended future uses of the area of land 9,860
affected in order to prevent damage to adjoining property. 9,861
(F) The chief shall issue an order granting or denying an 9,863
operating permit or amendment to a permit or approving or denying 9,864
an amendment to the operator's plan of mining and reclamation 9,865
within ninety days after the filing of an application therefor. 9,866
If the chief fails to act within that period with respect to a 9,867
surface mining operation that existed prior to the initial date 9,868
by which the chief requires a permit to be obtained, the operator 9,869
may continue the operation until the chief issues an order 9,870
denying a permit for the operation, and if the operator elects to 9,871
227
appeal the order pursuant to section 1513.13 of the Revised Code, 9,873
until the reclamation commission affirms the order of the chief 9,875
denying the permit, and if the operator elects to appeal the 9,876
order of the commission pursuant to section 1513.14 of the 9,877
Revised Code, until the court of common pleas affirms the order. 9,878
Sec. 1514.021. (A) A permit holder who wishes to continue 9,887
surface mining operations after the expiration date of the 9,888
existing permit or renewal permit shall file with the chief of 9,889
the division of mines and reclamation MINERAL RESOURCES 9,890
MANAGEMENT an application for renewal of a surface mining permit 9,892
or renewal permit at least ninety days before the expiration date 9,893
of the existing permit or renewal permit. The application shall 9,894
be upon the form that the chief prescribes and provides and shall 9,896
be accompanied by the permit fees required under division (B) of 9,897
section 1514.02 of the Revised Code. 9,898
(B) Upon receipt of an application for renewal and the 9,900
permit fee under division (A) of this section, the chief shall 9,901
notify the applicant to submit a map that is a composite of the 9,902
information required to be contained in the most recent annual 9,903
report map under section 1514.03 of the Revised Code and of all 9,904
surface mining and reclamation activities conducted under the 9,905
existing permit or renewal permit; the annual report required 9,906
under section 1514.03 of the Revised Code; and additional maps, 9,908
plans, and revised or updated information that the chief 9,909
determines to be necessary for permit renewal. Within sixty days 9,910
after receipt of this notification, the applicant shall submit 9,911
all the required information to the chief. 9,912
(C) Upon receipt of the information required under 9,914
division (B) of this section, the chief may approve the 9,915
application for renewal and issue an order granting a renewal 9,916
permit if the chief finds that both of the following apply: 9,917
(1) The permit holder's operation is in compliance with 9,919
this chapter, rules adopted and orders issued under it, and the 9,920
plan of mining and reclamation under the existing permit or 9,921
228
renewal permit; 9,922
(2) The permit holder has provided evidence that a 9,924
performance bond filed under section 1514.04 of the Revised Code 9,926
applicable to lands affected under the existing permit or renewal 9,927
permit will remain effective until released under section 1514.05 9,928
of the Revised Code. 9,929
(D) Within sixty days after receiving the information and 9,931
permit fees required under divisions (A) and (B) of this section, 9,932
the chief shall approve the application for renewal and issue an 9,933
order granting a renewal permit, issue an order denying the 9,934
application, or notify the applicant that the time limit for 9,935
issuing such an order has been extended. This extension of time 9,936
shall not exceed sixty days. 9,937
(E) If an applicant for a renewal permit has complied with 9,939
division (A) of this section, the applicant may continue surface 9,940
mining operations under the existing permit or renewal permit 9,941
after its expiration date until the sixty-day period for filing 9,942
the information required by the chief under division (B) of this 9,943
section has expired or until the chief issues an order under 9,944
division (D) of this section denying the renewal permit. 9,945
(F) A permit holder who fails to submit an application and 9,947
required permit fees within the time prescribed by division (A) 9,948
of this section shall cease surface mining operations on the 9,949
expiration date of the existing permit or renewal permit. If 9,950
such a permit holder then submits an application for renewal and 9,951
the permit fees otherwise required by division (A) of this 9,952
section on or before the thirtieth day after the expiration date 9,953
of the expired permit or renewal permit and provides the 9,954
information required by the chief under division (B) of this 9,955
section within sixty days after being notified of the information 9,956
required under that division, the permit holder need not submit 9,958
the final map and report required by section 1514.03 of the 9,959
Revised Code until the later of thirty days after the chief 9,960
issues an order denying the application for renewal or thirty 9,961
229
days after the chief's order is affirmed upon appeal under 9,962
section 1513.13 or 1513.14 of the Revised Code. An applicant 9,963
under this division who fails to provide the information required 9,964
by the chief under division (B) of this section within the 9,965
prescribed time period shall submit the final map and report 9,967
required by section 1514.03 of the Revised Code within thirty 9,968
days after the expiration of that prescribed period. 9,969
(G) If the chief issues an order denying an application 9,971
for renewal of a permit or renewal permit after the expiration 9,972
date of the permit, the permit holder shall cease surface mining 9,973
operations immediately and, within thirty days after the issuance 9,975
of the order, shall submit the final report and map required 9,976
under section 1514.03 of the Revised Code. The chief shall state 9,977
the reasons for denial in the order denying renewal of the 9,978
application. An applicant may appeal the chief's order denying 9,979
the renewal under section 1513.13 of the Revised Code and may 9,980
continue surface mining and reclamation operations under the 9,981
expired permit until the reclamation commission affirms the 9,983
chief's order under that section and, if the applicant elects to 9,986
appeal the order of the commission under section 1513.14 of the 9,988
Revised Code, until the court of appeals affirms the order. 9,989
(H) The approval of an application for renewal under this 9,991
section authorizes the continuation of the existing permit or 9,992
renewal permit for a term of ten years from the expiration date 9,993
of the existing permit. 9,994
(I) Any renewal permit is subject to all the requirements 9,996
of this chapter and rules adopted under it. 9,997
Sec. 1514.03. Within thirty days after each anniversary 10,006
date of issuance of a surface mining permit, the operator shall 10,007
file with the chief of the division of mines and reclamation 10,008
MINERAL RESOURCES MANAGEMENT an annual report, on a form 10,010
prescribed and furnished by the chief, that, for the period 10,011
covered by the report, shall state the amount of and identify the 10,012
types of minerals and coal, if any coal, produced and shall state 10,013
230
the number of acres affected and the number of acres estimated to 10,014
be affected during the next year of operation. An annual report 10,015
is not required to be filed if a final report is filed in lieu 10,016
thereof.
Each annual report shall include a progress map indicating 10,018
the location of areas of land affected during the period of the 10,019
report and the location of the area of land estimated to be 10,020
affected during the next year. The map shall be prepared in 10,021
accordance with division (A)(10) or (11) of section 1514.02 of 10,022
the Revised Code, as appropriate, except that a map prepared in 10,023
accordance with division (A)(11) of that section may be certified 10,025
by the operator or authorized agent of the operator in lieu of 10,026
certification by a professional engineer or surveyor registered 10,028
under Chapter 4733. of the Revised Code. However, the chief may 10,029
require that an annual progress map or a final map be prepared by 10,030
a registered professional engineer or registered surveyor if he 10,031
THE CHIEF has reason to believe that the operator exceeded the 10,033
boundaries of the permit area or, if the operator filed the map 10,034
required under division (A)(10) of section 1514.02 of the Revised 10,035
Code, that the operator extracted ten thousand tons or more of 10,036
minerals during the period covered by the report. 10,037
Each annual report shall be accompanied by a filing fee in 10,039
the amount of two hundred fifty dollars and an acreage fee in the 10,040
amount of thirty dollars multiplied by the number of acres 10,041
estimated in the report to be affected during the next year of 10,042
operation under the permit. The acreage fee shall be adjusted by 10,045
subtracting a credit of thirty dollars per excess acre paid for 10,046
the preceding year if the acreage paid for the preceding year
exceeds the acreage actually affected or by adding an additional 10,047
amount of thirty dollars per excess acre affected if the acreage 10,048
actually affected exceeds the acreage paid for the preceding 10,049
year. No acreage fee shall exceed one thousand dollars per year. 10,050
With each annual report the operator shall file a 10,052
performance bond in the amount of five hundred dollars multiplied 10,055
231
by the number of acres estimated to be affected during the next 10,056
year of operation under the permit for which no performance bond 10,057
previously was filed. The bond shall be adjusted by subtracting 10,059
a credit of five hundred dollars per excess acre for which bond 10,060
was filed for the preceding year if the acreage for which the 10,061
bond was filed for the preceding year exceeds the acreage 10,062
actually affected, or by adding an amount of five hundred dollars 10,063
per excess acre affected if the acreage actually affected exceeds 10,064
the acreage for which bond was filed for the preceding year. 10,065
Within thirty days after the expiration of the surface 10,067
mining permit, or completion or abandonment of the operation, 10,068
whichever occurs earlier, the operator shall submit a final 10,069
report containing the same information required in an annual 10,070
report, but covering the time from the last annual report to the 10,071
expiration of the permit, or completion or abandonment of the 10,072
operation, whichever occurs earlier. 10,073
Each final report shall include a map indicating the 10,075
location of the area of land affected during the period of the 10,076
report and the location of the total area of land affected under 10,077
the permit. The map shall be prepared in accordance with 10,078
division (A)(10) or (11) of section 1514.02 of the Revised Code, 10,079
as appropriate. 10,080
If the final report and certified map, as verified by the 10,082
chief, show that the number of acres affected under the permit is 10,083
larger than the number of acres for which the operator has paid 10,084
an acreage fee or filed a performance bond, upon notification by 10,087
the chief, the operator shall pay an additional acreage fee in 10,088
the amount of thirty dollars multiplied by the difference between 10,089
the number of acres affected under the permit and the number of 10,090
acres for which the operator has paid an acreage fee and shall 10,091
file an additional performance bond in the amount of five hundred 10,093
dollars multiplied by the difference between the number of acres 10,094
affected under the permit and the number of acres for which the 10,095
operator has filed bond. 10,096
232
If the final report and certified map, as verified by the 10,098
chief, show that the number of acres affected under the permit is 10,099
smaller than the number of acres for which the operator has paid 10,100
an acreage fee or filed a performance bond, the chief shall order 10,103
release of the excess acreage fee and the excess bond. However, 10,104
the chief shall retain a performance bond in a minimum amount of 10,106
two thousand dollars irrespective of the number of acres affected 10,107
under the permit. The release of the excess acreage fee shall be 10,108
in an amount equal to thirty dollars multiplied by the difference 10,109
between the number of acres affected under the permit and the 10,110
number of acres for which the operator has paid an acreage fee. 10,111
The release of the excess bond shall be in an amount equal to 10,113
five hundred dollars multiplied by the difference between the 10,114
number of acres affected under the permit and the number of acres 10,115
for which the operator has filed bond. Refunds of excess acreage 10,116
fees shall be paid by the treasurer of state out of the surface 10,117
mining reclamation fee fund, which is hereby created in the state 10,118
treasury. The treasurer of state shall place twenty thousand 10,119
dollars from the fees collected pursuant to sections 1514.02 and 10,120
1514.03 of the Revised Code in that fund and, as required by the 10,122
depletion thereof, place to the credit of the fund an amount 10,123
sufficient to make the total in the fund at the time of each such 10,124
credit twenty thousand dollars. The balance of the 10,125
THE fees collected pursuant to sections THIS SECTION AND 10,128
SECTION 1514.02 and 1514.03 of the Revised Code shall be 10,130
deposited with the treasurer of state to the credit of the 10,131
surface mining administration fund created under section 1514.11 10,132
1514.06 of the Revised Code.
If upon inspection the chief finds that any filing fee, 10,134
acreage fee, performance bond, or part thereof is not paid when 10,135
due or is paid on the basis of false or substantially inaccurate 10,136
reports, he THE CHIEF may request the attorney general to recover 10,137
the unpaid amounts that are due the state, and the attorney 10,139
general shall commence appropriate legal proceedings to recover 10,140
233
the unpaid amounts. 10,141
Sec. 1514.04. Upon receipt of notification from the chief 10,150
of the division of mines and reclamation MINERAL RESOURCES 10,151
MANAGEMENT of his THE CHIEF'S intent to issue an order granting a 10,154
surface mining permit to the applicant, the applicant shall file 10,155
a surety bond, cash, an irrevocable letter of credit, or 10,156
certificates of deposit in the amount of two thousand dollars, or 10,157
five hundred dollars per acre of land to be affected, whichever 10,158
is greater. Upon receipt of notification from the chief of his 10,159
THE CHIEF'S intent to issue an order granting an amendment to a 10,160
surface mining permit, the applicant shall file a surety bond, 10,161
cash, an irrevocable letter of credit, or certificates of deposit 10,162
in the amount of five hundred dollars per acre of land to be 10,164
affected.
In the case of a surface mining permit, the bond shall be 10,166
filed for the number of acres estimated to be affected during the 10,167
first year of operation under the permit. In the case of an 10,168
amendment to a surface mining permit, the bond shall be filed for 10,169
the number of acres estimated to be affected during the balance 10,170
of the period until the next anniversary date of the permit. 10,171
A surety bond filed pursuant to this section and sections 10,173
1514.02 and 1514.03 of the Revised Code shall be upon the form 10,174
that the chief prescribes and provides and shall be signed by the 10,175
operator as principal and by a surety company authorized to 10,176
transact business in the state as surety. The bond shall be 10,177
payable to the state and shall be conditioned upon the faithful 10,178
performance by the operator of all things to be done and 10,179
performed by him THE OPERATOR as provided in this chapter and the 10,181
rules and orders of the chief adopted or issued pursuant thereto. 10,182
The operator may deposit with the chief, in lieu of a 10,184
surety bond, cash in an amount equal to the surety bond as 10,185
prescribed in this section, an irrevocable letter of credit or 10,186
negotiable certificates of deposit issued by any bank organized 10,188
or transacting business in this state, or an irrevocable letter
234
of credit or certificates of deposit issued by any savings and 10,190
loan association as defined in section 1151.01 of the Revised 10,191
Code, having a cash value equal to or greater than the amount of 10,192
the surety bond as prescribed in this section. Cash or 10,193
certificates of deposit shall be deposited upon the same terms as 10,194
the terms upon which surety bonds may be deposited. If one or 10,195
more certificates of deposit are deposited with the chief in lieu 10,196
of surety bond, he THE CHIEF shall require the bank or savings 10,197
and loan association that issued any such certificate to pledge 10,199
securities of a cash value equal to the amount of the 10,200
certificate, or certificates, that is in excess of the amount 10,201
insured by the federal deposit insurance corporation. The 10,202
securities shall be security for the repayment of the certificate 10,203
of deposit.
Immediately upon a deposit of cash, a letter of credit, or 10,205
certificates with the chief, he THE CHIEF shall deliver it to the 10,207
treasurer of state who shall hold it in trust for the purposes 10,209
for which it has been deposited. The treasurer of state shall be 10,210
responsible for the safekeeping of such deposits. An operator 10,211
making a deposit of cash, a letter of credit, or certificates of 10,212
deposit may withdraw and receive from the treasurer of state, on 10,214
the written order of the chief, all or any part of the cash, 10,215
letter of credit, or certificates in the possession of the
treasurer of state, upon depositing with the treasurer of state 10,216
cash, an irrevocable letter of credit or negotiable certificates 10,217
of deposit issued by any bank organized or transacting business 10,219
in this state, or an irrevocable letter of credit or certificates 10,220
of deposit issued by any savings and loan association, equal in 10,221
value to the value of the cash, letter of credit, or certificates 10,222
withdrawn. An operator may demand and receive from the treasurer 10,224
of state all interest or other income from any certificates as it 10,225
becomes due. If certificates deposited with and in the 10,226
possession of the treasurer of state mature or are called for 10,227
payment by the issuer thereof, the treasurer of state, at the 10,228
235
request of the operator who deposited them, shall convert the 10,229
proceeds of the redemption or payment of the certificates into 10,230
such other negotiable certificates of deposit issued by any bank 10,231
organized or transacting business in this state, such other 10,232
certificates of deposit issued by any savings and loan 10,233
association, or cash, as may be designated by the operator. 10,234
Sec. 1514.05. (A) At any time within the period allowed 10,243
an operator by section 1514.02 of the Revised Code to reclaim an 10,244
area of land affected by surface mining, the operator may file a 10,245
request, on a form provided by the chief of the division of mines 10,247
and reclamation MINERAL RESOURCES MANAGEMENT, for inspection of 10,248
the area of land upon which the reclamation, other than any 10,249
required planting, is completed. The request shall include all 10,250
of the following:
(1) The location of the area and number of acres; 10,252
(2) The permit number; 10,254
(3) The amount of performance bond on deposit to ensure 10,256
reclamation of the area; 10,257
(4) A map showing the location of the acres reclaimed, 10,259
prepared and certified in accordance with division (A)(10) or 10,260
(11) of section 1514.02 of the Revised Code, as appropriate. 10,261
The chief shall make an inspection and evaluation of the 10,263
reclamation of the area of land for which the request was 10,264
submitted within ninety days after receipt of the request or, if 10,265
the operator fails to complete the reclamation or file the 10,266
request as required, as soon as the chief learns of the default. 10,267
Thereupon, if the chief approves the reclamation other than any 10,268
required planting as meeting the requirements of this chapter, 10,269
rules adopted thereunder, any orders issued during the mining or 10,270
reclamation, and the specifications of the plan for mining and 10,271
reclaiming, he THE CHIEF shall issue an order to the operator and 10,273
the operator's surety releasing them from liability for one-half 10,274
the total amount of their surety bond on deposit to ensure 10,275
reclamation for the area upon which reclamation is completed. If 10,276
236
the operator has deposited cash, an irrevocable letter of credit, 10,277
or certificates of deposit in lieu of a surety bond to ensure 10,279
reclamation, the chief shall issue an order to the operator 10,280
releasing one-half of the total amount so held and promptly shall 10,281
transmit a certified copy of the order to the treasurer of state. 10,282
Upon presentation of the order to the treasurer of state by the 10,283
operator to whom it was issued, or by the operator's authorized 10,284
agent, the treasurer of state shall deliver to the operator or 10,285
the operator's authorized agent the cash, irrevocable letter of 10,286
credit, or certificates of deposit designated in the order. 10,288
If the chief does not approve the reclamation other than 10,290
any required planting, he THE CHIEF shall notify the operator by 10,291
certified mail. The notice shall be an order stating the reasons 10,293
for unacceptability, ordering further actions to be taken, and 10,294
setting a time limit for compliance. If the operator does not 10,295
comply with the order within the time limit specified, the chief 10,296
may order an extension of time for compliance if he determines 10,297
AFTER DETERMINING that the operator's noncompliance is for good 10,298
cause, resulting from developments partially or wholly beyond the 10,299
operator's control. If the operator complies within the time 10,300
limit or the extension of time granted for compliance, the chief 10,301
shall order release of the performance bond in the same manner as 10,303
in the case of approval of reclamation other than planting by the 10,304
chief, and the treasurer of state shall proceed as in that case. 10,305
If the operator does not comply within the time limit and the 10,306
chief does not order an extension, or if the chief orders an 10,307
extension of time and the operator does not comply within the 10,308
extension of time granted for compliance, the chief shall issue 10,309
another order declaring that the operator has failed to reclaim 10,310
and, if the operator's permit has not already expired or been 10,311
revoked, revoking the operator's permit. The chief shall
thereupon proceed under division (C) of this section. 10,312
(B) At any time within the period allowed an operator by 10,314
section 1514.02 of the Revised Code to reclaim an area affected 10,315
237
by surface mining, the operator may file a request, on a form 10,316
provided by the chief, for inspection of the area of land upon 10,317
which all reclamation, including the successful establishment of 10,318
any required planting, is completed. The request shall include 10,319
all of the following: 10,320
(1) The location of the area and number of acres; 10,322
(2) The permit number; 10,324
(3) The remaining amount of performance bond on deposit to 10,327
ensure reclamation of the area;
(4) The type and date of any required planting of 10,329
vegetative cover and the degree of success of growth; 10,330
(5) A map showing the location of the acres reclaimed, 10,332
prepared and certified in accordance with division (A)(10) or 10,333
(11) of section 1514.02 of the Revised Code, as appropriate. 10,334
The chief shall make an inspection and evaluation of the 10,336
reclamation of the area of land for which the request was 10,337
submitted within ninety days after receipt of the request or, if 10,338
the operator fails to complete the reclamation or file the 10,339
request as required, as soon as the chief learns of the default. 10,340
Thereupon, if the chief finds that the reclamation meets the 10,341
requirements of this chapter, rules adopted thereunder, any 10,342
orders issued during the mining and reclamation, and the 10,343
specifications of the plan for mining and reclaiming and decides 10,344
to release any remaining performance bond on deposit to ensure 10,346
reclamation of the area upon which reclamation is completed, 10,347
within ten days of completing his THE inspection and evaluation, 10,348
he THE CHIEF shall order release of the remaining performance 10,350
bond in the same manner as in the case of approval of reclamation 10,351
other than planting, and the treasurer of state shall proceed as 10,352
in that case.
If the chief does not approve the reclamation performed by 10,354
the operator, he THE CHIEF shall notify the operator by certified 10,356
mail within ninety days of the filing of the application for 10,357
inspection or of the date when he THE CHIEF learns of the 10,358
238
default. The notice shall be an order stating the reasons for 10,360
unacceptability, ordering further actions to be taken, and 10,361
setting a time limit for compliance. If the operator does not 10,362
comply with the order within the time limit specified, the chief 10,363
may order an extension of time for compliance if he determines 10,364
AFTER DETERMINING that the operator's noncompliance is for good 10,366
cause, resulting from developments partially or wholly beyond the 10,367
operator's control. If the operator complies within the time 10,368
limit or the extension of time granted for compliance, the chief 10,369
shall order release of the remaining performance bond in the same 10,370
manner as in the case of approval of reclamation by the chief, 10,371
and the treasurer of state shall proceed as in that case. If the 10,372
operator does not comply within the time limit and the chief does 10,373
not order an extension, or if the chief orders an extension of 10,374
time and the operator does not comply within the extension of 10,375
time granted for compliance, the chief shall make another order 10,376
declaring that the operator has failed to reclaim and, if the 10,377
operator's permit has not already expired or been revoked, 10,378
revoking the operator's permit. The chief then shall proceed 10,379
under division (C) of this section. 10,380
(C) Upon issuing an order under division (A) or (B) of 10,382
this section declaring that the operator has failed to reclaim, 10,383
the chief shall make a finding as to the number and location of 10,384
the acres of land that the operator has failed to reclaim in the 10,386
manner required by this chapter. The chief shall order the
release of the performance bond in the amount of five hundred 10,388
dollars per acre for those acres that he THE CHIEF finds to have 10,390
been reclaimed in the manner required by this chapter. The 10,391
release shall be ordered in the same manner as in the case of 10,392
other approval of reclamation by the chief, and the treasurer of 10,393
state shall proceed as in that case. If the operator has on 10,394
deposit cash, an irrevocable letter of credit, or certificates of 10,395
deposit to ensure reclamation of the area of the land affected,
the chief at the same time shall issue an order declaring that 10,396
239
the remaining cash, irrevocable letter of credit, or certificates 10,398
of deposit is the property of the state and is available for use 10,399
by the chief in performing reclamation of the area and shall 10,400
proceed in accordance with section 1514.06 of the Revised Code. 10,401
If the operator has on deposit a surety bond to ensure 10,403
reclamation of the area of land affected, the chief shall notify 10,404
the surety in writing of the operator's default and shall request 10,405
the surety to perform the surety's obligation and that of the 10,406
operator. The surety, within ten days after receipt of the 10,408
notice, shall notify the chief as to whether it intends to
perform those obligations. 10,409
If the surety chooses to perform, it shall arrange for work 10,411
to begin within thirty days of the day on which it notifies the 10,412
chief of its decision. If the surety completes the work as 10,413
required by this chapter, the chief shall issue an order to the 10,414
surety releasing the surety from liability under the bond in the 10,415
same manner as if the surety were an operator proceeding under 10,416
this section. If, after the surety begins the work, the chief 10,417
determines that the surety is not carrying the work forward with 10,418
reasonable progress, or that it is improperly performing the 10,419
work, or that it has abandoned the work or otherwise failed to 10,420
perform its obligation and that of the operator, the chief shall 10,421
issue an order terminating the right of the surety to perform the 10,422
work and demanding payment of the amount due as required by this 10,423
chapter. 10,424
If the surety chooses not to perform and so notifies the 10,426
chief, does not respond to the chief's notice within ten days of 10,427
receipt thereof, or fails to begin work within thirty days of the 10,428
day it timely notifies the chief of its decision to perform its 10,429
obligation and that of the operator, the chief shall issue an 10,430
order terminating the right of the surety to perform the work and 10,431
demanding payment of the amount due, as required by this chapter. 10,432
Upon receipt of an order of the chief demanding payment of 10,434
the amount due, the surety immediately shall deposit with the 10,435
240
chief cash in the full amount due under the order for deposit 10,436
with the treasurer of state. If the surety fails to make an 10,437
immediate deposit, the chief shall certify it to the attorney 10,438
general for collection. When the chief has issued an order 10,439
terminating the right of the surety and has the cash on deposit, 10,440
the cash is the property of the state and is available for use by 10,442
the chief, who shall proceed in accordance with section 1514.06
of the Revised Code. 10,443
Sec. 1514.06. (A) There is hereby created in the state 10,452
treasury the surface mining reclamation fund. All cash that 10,453
becomes the property of the state pursuant to section 1514.05 of 10,454
the Revised Code shall be deposited in the fund, and expenditures 10,455
from the fund shall be made by the chief of the division of mines 10,457
and reclamation MINERAL RESOURCES MANAGEMENT only for the purpose 10,458
of reclaiming areas of land affected by surface mining operations 10,459
on which an operator has defaulted. 10,460
(B) Expenditures of moneys from the fund, except as 10,462
otherwise provided by this section, shall be made pursuant to 10,463
contracts entered into by the chief with persons who agree to 10,464
furnish all of the materials, equipment, work, and labor, as 10,465
specified and provided in the contracts, for the prices 10,466
stipulated therein. With the approval of the director of natural 10,467
resources, the chief may reclaim the land in the same manner as 10,468
he THE CHIEF required of the operator who defaulted. Each 10,470
contract awarded by the chief shall be awarded to the lowest 10,471
responsive and responsible bidder, in accordance with section 10,472
9.312 of the Revised Code, after sealed bids are received, 10,473
opened, and published at the time and place fixed by the chief. 10,474
The chief shall publish notice of the time and place at which 10,475
bids will be received, opened, and published, at least once at 10,476
least ten days before the date of the opening of the bids, in a 10,477
newspaper of general circulation in the county in which the area 10,478
of land to be reclaimed under the contract is located. If, after 10,479
so advertising for bids, no bids are received by the chief at the 10,480
241
time and place fixed for receiving them, the chief may advertise 10,481
again for bids, or, if he THE CHIEF considers the public interest 10,483
will be best served, he THE CHIEF may enter into a contract for 10,484
the reclamation of the area of land without further advertisement 10,487
for bids. The chief may reject any or all bids received and 10,488
again publish notice of the time and place at which bids for 10,489
contracts will be received, opened, and published. 10,490
(C) With the approval of the director, the chief, without 10,492
advertising for bids, may enter into a contract with the 10,494
landowner, a surface mine operator or coal mine operator mining 10,496
under a current, valid permit issued under this chapter or 10,498
Chapter 1513. of the Revised Code, or a contractor hired by a 10,499
surety to complete reclamation, to carry out reclamation on land 10,500
affected by surface mining operations on which an operator has 10,502
defaulted.
(D) With the approval of the director, the chief may carry 10,504
out all or part of the reclamation work on land affected by 10,506
surface mining operations on which the operator has defaulted 10,508
using the employees and equipment of any division of the 10,510
department of natural resources.
(E) The chief shall require every contractor performing 10,512
reclamation work under this section to pay workers at the greater 10,514
of their regular rate of pay, as established by contract, 10,516
agreement, or prior custom or practice, or the average wage rate 10,517
paid in this state for the same or similar work, as determined by 10,518
the chief under section 1513.02 of the Revised Code. 10,519
(F) Each contract entered into by the chief under this 10,521
section shall provide only for the reclamation of land affected 10,523
by the surface mining operation or operations of one operator and 10,524
not reclaimed by the operator as required by this chapter. If 10,525
there is money in the fund derived from the performance bond 10,526
deposited with the chief by one operator to ensure the 10,528
reclamation of two or more areas of land affected by the surface 10,529
mining operation or operations of one operator and not reclaimed 10,530
242
by him THE OPERATOR as required by this chapter, the chief may 10,532
award a single contract for the reclamation of all such areas of 10,533
land.
(G) The cost of the reclamation work done under this 10,535
section on each area of land affected by surface mining 10,536
operations on which an operator has defaulted shall be paid out 10,537
of the money in the fund derived from the performance bond that 10,539
was deposited with the chief to ensure the reclamation of that 10,540
area of land. If the amount of money is not sufficient to pay 10,541
the cost of doing all of the reclamation work on the area of land 10,542
that the operator should have done, but failed to do, the chief 10,544
may expend from the reclamation supplemental forfeiture fund 10,545
created in section 1513.18 of the Revised Code or the surface 10,546
mining administration fund created in THIS section 1514.11 of the 10,548
Revised Code the amount of money needed to complete reclamation 10,549
to the standards required by this chapter. The operator is 10,550
liable for that expense in addition to any other liabilities 10,551
imposed by law. At the request of the chief, the attorney 10,552
general shall bring an action against the operator for the amount 10,554
of the expenditures from either fund. Moneys so recovered shall 10,556
be deposited in the appropriate fund from which the expenditures 10,558
were made.
(H) If any part of the money in the surface mining 10,560
reclamation fund remains in the fund after the chief has caused 10,562
the area of land to be reclaimed and has paid all the reclamation 10,564
costs and expenses, or if any money remains because the area of 10,566
land has been repermitted under this chapter or reclaimed by a 10,567
person other than the chief, the chief may expend the remaining
money to complete other reclamation work performed under this 10,568
section.
Sec. 1514.07. Each order of the chief of the division of 10,577
mines and reclamation MINERAL RESOURCES MANAGEMENT affecting the 10,578
rights, duties, or privileges of an operator or his THE 10,580
OPERATOR'S surety or of an applicant for a permit or an amendment 10,582
243
to a permit or a plan shall be in writing and contain a finding 10,583
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 10,585
whose rights, duties, or privileges are affected.
If the chief finds that an operator has violated any 10,587
requirement of this chapter, failed to perform any measure set 10,588
forth in the approved plan of mining and reclamation that is 10,589
necessary to prevent damage to adjoining property or to achieve, 10,590
or has otherwise failed to achieve the performance standards of 10,591
division (A)(9) of section 1514.02 of the Revised Code, or caused 10,592
damage to adjoining property, the chief may issue orders 10,593
directing the operator to cease violation, perform such measures, 10,594
achieve such standards, or prevent or abate off-site damage. The 10,595
order shall identify the operation where the violation occurs, 10,596
the specific requirement violated, measure not performed, 10,597
standard not achieved, or off-site damage caused, and where 10,598
practicable prescribe what action the operator may take to comply 10,599
with the order. The chief shall fix and set forth in the order a 10,600
reasonable date or time by which the operator shall comply, and 10,601
the order shall state that the chief may revoke the operator's 10,602
permit if the order is not complied with by such date or time. 10,603
If upon such date or time the chief finds that the operator has 10,604
not complied with the order, he THE CHIEF may issue an order 10,605
revoking the operator's permit. 10,606
Sec. 1514.08. The chief of the division of mines and 10,615
reclamation MINERAL RESOURCES MANAGEMENT may adopt, amend, and 10,616
rescind rules in accordance with Chapter 119. of the Revised Code 10,617
in order to prescribe procedures for submitting applications for 10,619
permits, amendments to permits, and amendments to plans of mining 10,620
and reclamation; filing annual reports and final reports; 10,621
requesting inspection and approval of reclamation; paying permit 10,622
and filing fees; and filing and obtaining the release of 10,623
performance bonds deposited with the state. For the purpose of 10,625
preventing damage to adjoining property or achieving one or more 10,626
244
of the performance standards established in division (A)(9) of 10,627
section 1514.02 of the Revised Code, the chief may establish 10,628
classes of mining industries, based upon industrial categories, 10,629
combinations of minerals produced, and geological conditions in 10,630
which surface mining operations occur, and may prescribe 10,631
different rules consistent with the performance standards for 10,632
each class. For the purpose of apportioning the workload of the 10,633
division between OF MINERAL RESOURCES MANAGEMENT AMONG the 10,634
quarters of the year, the rules may require that applications for 10,635
permits and annual reports be filed in different quarters of the 10,636
year, depending upon the county in which the operation is 10,637
located.
Sec. 1514.10. No person shall: 10,646
(A) Engage in surface mining without a permit; 10,648
(B) Exceed the limits of a surface mining permit or 10,650
amendment to a permit by mining land contiguous to an area of 10,651
land affected under a permit or amendment, which contiguous land 10,652
is not under permit or amendment;
(C) Purposely misrepresent or omit any material fact in an 10,654
application for a surface mining permit or amendment, an annual 10,655
or final report, or in any hearing or investigation conducted by 10,656
the chief of the division of mines and reclamation MINERAL 10,658
RESOURCES MANAGEMENT or the reclamation commission; 10,659
(D) Fail to perform any measure set forth in the approved 10,661
plan of mining and reclamation that is necessary to prevent 10,662
damage to adjoining property or to achieve a performance standard 10,663
in division (A)(9) of section 1514.02 of the Revised Code, or 10,664
violate any other requirement of this chapter, a rule adopted
thereunder, or an order of the chief of reclamation. 10,665
Sec. 1514.11. There is hereby created in the state 10,674
treasury IN ADDITION TO THE PURPOSES AUTHORIZED IN SECTION 10,675
1514.06 OF THE REVISED CODE, THE CHIEF OF THE DIVISION OF MINERAL 10,676
RESOURCES MANAGEMENT MAY USE MONEYS IN the surface mining 10,677
administration fund to be used by the chief of the division of 10,678
245
mines and reclamation CREATED UNDER THAT SECTION for the 10,679
administration and enforcement of this chapter, for the 10,680
reclamation of land affected by surface mining under a permit 10,682
issued under this chapter that the operator failed to reclaim and 10,683
for which the performance bond filed by the operator is
insufficient to complete the reclamation, and for the reclamation 10,684
of land affected by surface mining that was abandoned and left 10,685
unreclaimed and for which no permit was issued or bond filed 10,686
under this chapter. The chief shall expend not more than five 10,688
hundred thousand dollars from the fund during any fiscal year for 10,689
the reclamation of abandoned surface mines. The FOR PURPOSES OF 10,690
THIS SECTION, THE chief shall expend moneys in the fund in 10,691
accordance with the procedures and requirements established in 10,692
section 1514.06 of the Revised Code for expenditures of moneys 10,693
from the surface mining reclamation fund created in that section 10,694
and may enter into contracts and perform work in accordance with 10,696
that section.
Permit fees and filing fees FEES collected under sections 10,698
1514.02 and 1514.03 of the Revised Code, one-half of the moneys 10,700
collected from the severance taxes levied under divisions (A)(3) 10,701
and (4) of section 5749.02 of the Revised Code, and all of the 10,702
moneys collected from the severance tax levied under division 10,703
(A)(7) of section 5749.02 of the Revised Code shall be credited 10,704
to the fund in accordance with those sections. Notwithstanding 10,705
any section of the Revised Code relating to the distribution or 10,706
crediting of fines for violations of the Revised Code, all fines 10,707
imposed under section 1514.99 of the Revised Code shall be 10,708
credited to the fund.
Sec. 1561.01. As used in this chapter and Chapters 1563., 10,717
1565., and 1567. of the Revised Code, and in other sections of 10,718
the Revised Code relating to the mining law, unless other meaning 10,719
is clearly apparent in the language and context: 10,720
(A) "Mine" means an underground or surface excavation or 10,722
development with or without shafts, slopes, drifts, or tunnels 10,723
246
for the extraction of coal, gypsum, asphalt, rock, or other 10,724
materials containing the same, or for the extraction of natural 10,725
gas or petroleum by means that are substantially similar to the 10,726
underground extraction of coal, gypsum, asphalt, rock, or other 10,727
materials containing the same, with hoisting or haulage equipment 10,728
and appliances for the extraction of such materials; and embraces 10,729
the land or property of the mining plant, the surface, and 10,730
underground, that is used for or contributes to the mining 10,731
properties, or concentration or handling of coal, gypsum, 10,732
asphalt, rock, or other materials containing the same or of 10,733
natural gas or petroleum. 10,734
(B) "Shaft" means a vertical opening through the strata 10,736
which THAT is or may be used for ventilation, drainage, or 10,737
hoisting men WORKERS or material or both in connection with the 10,739
mining of coal or other minerals or materials. 10,741
(C) "Slope" means an incline or opening used for the same 10,743
purpose as a shaft. 10,744
(D) "Drift" means an opening through the strata on which 10,746
opening grades are such to permit the coal or materials to be 10,747
hauled by mules or mechanical traction power, and which opening 10,748
may be used for ventilation, drainage, ingress, egress, and other 10,749
purposes in connection with the mining of coal or other 10,750
materials. 10,751
(E) "Excavations and workings" means the excavated 10,753
portions of the mine, those abandoned as well as the places 10,754
actually being worked, underground workings, shafts, tunnels, and 10,755
other ways in the course of being sunk or driven, slopes, 10,756
tunnels, and other openings, and all such shafts, together with 10,757
all roads, appliances, machinery, and material connected with the 10,758
same below the surface. 10,759
(F) "Face" means the advancing breast of any working 10,761
place. 10,762
(G) "Pillar" means a solid block of ore, coal, or other 10,764
material, left unmined to support the overlying strata in a mine. 10,765
247
(H) "Rock dusting" means to distribute or apply fine rock 10,767
dust on underground surfaces in coal mines to prevent, check, 10,768
control, or extinguish coal dust explosions. 10,769
(I) "Rock dust barriers" means a quantity of dry rock dust 10,771
placed in suitable containers so located in underground coal 10,772
mines that the advanced wave of a coal dust explosion will 10,773
automatically cause the rock dust to be thrown into suspension to 10,774
extinguish or arrest the flames of an explosion. 10,775
(J) "Operator" means any firm, corporation, or individual 10,777
operating any mine or part thereof. 10,778
(K) "Superintendent" means the person who shall have HAS, 10,780
on behalf of the operator, immediate supervision of one or more 10,781
mines. 10,782
(L) "Mine foreman FOREPERSON" means the person whom the 10,784
operator or superintendent places in charge of the inside or 10,786
outside workings of the mine and of the persons employed therein 10,787
or thereat.
(M) "Foreman FOREPERSON" means the person designated to 10,789
assist the mine foreman FOREPERSON in the immediate supervision 10,790
of a portion or the whole of a mine or of the persons employed 10,792
therein.
(N) "Fire boss" means a person whom the mine foreman 10,794
FOREPERSON is required to employ under certain conditions 10,795
designated in this chapter and Chapters 1563., 1565., and 1567. 10,796
of the Revised Code, relative to explosive gases when the same 10,797
are found to exist in a mine. 10,798
(O) "Shot firer" means a practical and experienced person 10,800
whose duties shall be ARE to charge, set off, and discharge the 10,801
shots under the direction of the mine foreman FOREPERSON or 10,802
foreman FOREPERSON. 10,803
(P) "Deputy mine inspector" means a person appointed in 10,805
the division of mines and reclamation MINERAL RESOURCES 10,806
MANAGEMENT to inspect mines to see that this chapter and Chapters 10,808
1563., 1565., and 1567. of the Revised Code are complied with. 10,810
248
(Q) "Permissible or approved" as applied in connection 10,812
with explosive flame safety lamps, electric safety lamps, 10,813
electric machinery, rescue apparatus, and other devices, 10,814
appliances, machinery, and equipment means materials, apparatus, 10,815
devices, appliances, machinery, and equipment officially listed 10,816
by the mine safety and health administration in the United States 10,817
department of labor and approved as having met its requirements 10,818
for the respective specified uses, or equivalent standards 10,819
determined and established by the chief of the division of mines 10,821
and reclamation MINERAL RESOURCES MANAGEMENT.
(R) "Gas" means an inflammable gas, chiefly methane, which 10,823
THAT when mixed in certain proportions with air is explosive. 10,824
(S) "Methane" is a hydrocarbon gas (CH4) frequently 10,826
encountered in coal mines. 10,827
(T) "Explosive mixture of methane and air" is a mixture of 10,829
air and methane which THAT will explode in the presence of a 10,830
flame or hot spark when the methane content is between five and 10,832
fifteen per cent. 10,833
(U) "Electric system" means all apparatus and electric 10,835
circuits receiving electric energy or that may receive electric 10,836
energy from a common source. Where the source of power is under 10,837
control of the mine, such source of power will be considered as a 10,838
part of the electric system. If power is obtained from a central 10,839
station not under control of such mine, "electric system" refers 10,840
only to that part of the system which THAT is under control of 10,841
such mine. 10,842
(V) "Electric circuit" means all conductors, including 10,844
ground returns, furnishing energy to or receiving energy from 10,845
electric apparatus. 10,846
(W) "Branch circuit" means all circuits connected to main 10,848
circuits coming from generators or other main sources of supply. 10,849
(X) "Potential" and "voltage" are synonymous and mean 10,851
electrical pressure. 10,852
(Y) "Potential of a circuit or voltage of a circuit, 10,854
249
machine, or any piece of electrical apparatus" is the potential 10,855
normally existing between the conductors of such circuit or the 10,856
terminals of such machine or apparatus. 10,857
(Z) "Difference of potential" means the difference of 10,859
electrical pressure existing between any two points of an 10,860
electrical system, or between any point of such system and the 10,861
earth, as determined by a voltmeter. 10,862
(AA) A "low LOW voltage supply" means the situation where 10,865
the conditions of the supply of electricity are such that the 10,866
difference in potential between any points of the circuit does 10,867
not exceed four hundred fifty volts. 10,868
(BB) A "high HIGH voltage supply" means the situation 10,870
where the conditions of the supply of electricity are such that 10,872
the difference of potential between any two points in the circuit 10,873
exceeds four hundred fifty volts. 10,874
(CC) "Trailing cable" means an electric power cable 10,876
attached to a mobile machine or unit. 10,877
(DD) "Grounding" means the connecting of any part of an 10,879
electric system with the earth in such a manner that there is no 10,880
difference of potential between such connected part and the 10,881
earth. 10,882
(EE) "Mobile machinery or portable machinery" means 10,884
machinery which THAT moves about under its own power, or is 10,885
carried, pulled, or trammed from place to place. 10,887
(FF) "Semipermanent" machinery" means machinery which THAT 10,890
is mounted on a form of truck which THAT permits it to be moved 10,891
readily from place to place, but the function of which is to do 10,892
its work in a semipermanent location. 10,893
(GG) "Permanent" machinery" means machinery which THAT is 10,896
installed on a permanent foundation attached to the ground.
(HH) "Underground station" means any place underground 10,898
where electrical machinery, transformers, or switchboards are 10,899
permanently installed. 10,900
(II) "Electrical inspector" means a person appointed by 10,902
250
the chief of the division of mines and reclamation to examine 10,903
surface and underground electrical systems and equipment at mines 10,904
for fire, shock, and explosion hazards. 10,905
(JJ) A "well WELL" means any borehole, whether drilled or 10,908
bored, within the state, for the production, extraction, or 10,909
injection of any gas or liquid mineral, excluding only potable 10,910
water to be used as such, but including natural or artificial 10,911
brines and oil field waters. 10,912
(KK) "Prepared clay" means a clay which THAT is plastic 10,914
and is thoroughly saturated with fresh water to a weight and 10,915
consistency great enough to settle through the salt water in the 10,916
well in which it is to be used, except as otherwise approved by 10,917
the chief of the division of mines and reclamation in exceptional 10,918
cases.
(LL) "Rock sediment" means the combined cuttings and 10,920
residue from drilling sedimentary rocks and formations, commonly 10,921
known as sand pumpings. 10,922
(MM) "Accessible travel route" means an unobstructed 10,924
passageway not less than twenty-four inches wide with reflective 10,925
materials at intervals so as to be visible to persons using the 10,926
passageway. 10,927
(NN) "Longwall working face" means a working face in a 10,929
coal mine in which work extracting coal from its natural deposit 10,930
in the earth is performed during a mining cycle by longwall 10,931
mining. 10,932
(OO) "Longwall working section" means all areas from and 10,934
including the section transformer to and including the longwall 10,935
working face. 10,936
(PP) "Longwall mining" means a system of mining designed 10,938
for full pillar extraction that minimizes the possibility of 10,939
outburst or squeezes and allows total caving of the main roof in 10,940
the pillar area. 10,941
Sec. 1561.02. The division of mines and reclamation 10,950
MINERAL RESOURCES MANAGEMENT has jurisdiction over all mines and 10,952
251
quarries located in the state, and shall exercise such
supervision over them and their development and operation as is 10,953
provided by law.
Sec. 1561.03. The chief of the division of mines and 10,963
reclamation MINERAL RESOURCES MANAGEMENT shall enforce and 10,964
supervise the execution of all laws enacted for the health and 10,965
safety of persons and the protection and conservation of property 10,966
within, about, or in connection with mines, mining, and quarries, 10,967
and for such purpose shall adopt, publish, and enforce necessary 10,968
rules not inconsistent with the mining laws of this state. 10,969
Sec. 1561.04. The chief of the division of mines and 10,978
reclamation MINERAL RESOURCES MANAGEMENT shall annually make a 10,980
report to the governor, which shall include:
(A) A summary of the activities and of the reports of the 10,982
deputy mine inspectors; 10,983
(B) A statement of the condition and the operation of the 10,985
mines of the state; 10,986
(C) A statement of the number of accidents in and about 10,988
the mines, the manner in which they occurred, and any other data 10,989
and facts bearing upon the prevention of accidents and the 10,990
preservation of life, health, and property, and any suggestions 10,991
relative to the better preservation of the life, health, and 10,992
property of those engaged in the mining industry. 10,993
The records of the bureau of workers' compensation shall be 10,995
available to the chief for information concerning such a report. 10,996
He THE CHIEF shall send by mail to each coal operator in the 10,997
state, to a duly designated representative of the miners at each 10,999
mine, and to such other persons as he THE CHIEF deems proper, a 11,000
copy of such report. He THE CHIEF may have as many copies of 11,001
such report printed as are needed to make the distribution 11,002
thereof as provided in this section. 11,003
The chief shall also prepare and publish for public 11,005
distribution quarterly reports, including therein information 11,006
relative to the items enumerated in this section that is 11,007
252
pertinent or available at such times. 11,008
Sec. 1561.05. The laws relating to mines and mining and 11,017
duties and functions of the division of mines and reclamation 11,018
MINERAL RESOURCES MANAGEMENT shall be administered by the chief 11,019
of the division of mines and reclamation MINERAL RESOURCES 11,020
MANAGEMENT, and through and by deputy mine inspectors. If a 11,022
vacancy occurs in the office of a deputy mine inspector, it may 11,023
be filled by the chief, who shall select a qualified person from 11,024
the eligible list certified to him THE CHIEF by the mine
examining board for deputy mine inspectors. 11,026
Sec. 1561.06. The chief of the division of mines and 11,035
reclamation MINERAL RESOURCES MANAGEMENT shall designate the 11,036
townships in which mineable or quarryable coal or other mineral 11,037
is or may be mined or quarried, which townships shall be 11,038
considered coal or mineral bearing townships. He THE CHIEF shall 11,039
divide the coal or other mineral bearing townships into such 11,040
districts as he THE CHIEF deems best for inspection purposes, and 11,041
he THE CHIEF may change such districts whenever, in his THE 11,042
CHIEF'S judgment, the best interests of the service require. 11,043
The chief shall designate as provided in this section as 11,045
coal or mineral bearing townships those townships in which coal 11,046
is being mined or in which coal is found in such thickness as to 11,047
make the mining of such coal or mineral probable at some future 11,048
time, and shall designate such township as a unit. As used in 11,049
this chapter and Chapters 1563., 1565., and 1567. of the Revised 11,050
Code, "coal or mineral bearing township" means a township which 11,051
THAT has been so designated by the chief under this section. 11,052
The chief shall also designate the townships in which coal 11,054
is being mined or in which coal is found in such thickness as to 11,055
make the mining of such coal probable at some future time as 11,056
"coal bearing townships" as such term is used in Chapter 1509. of 11,057
the Revised Code. The chief shall certify to the chief of the 11,059
division of oil and gas the townships which he has so designated
as coal bearing townships. 11,060
253
Sec. 1561.07. The mining laws of this state shall extend 11,069
to and govern the operation af OF clay mines and clay stripping 11,070
pits in so far as such laws are applicable thereto. The chief of 11,072
the division of mines and reclamation MINERAL RESOURCES 11,073
MANAGEMENT shall adopt, publish, and enforce specific rules 11,074
particularly applicable to clay mining operations to safeguard 11,075
life and property in the clay mining industry and to secure safe 11,077
and sanitary working conditions in such clay mines and clay
stripping pits. 11,078
Such rules adopted by the chief shall provide that: 11,080
(A) Distances between break-throughs in clay mines shall 11,082
not exceed one hundred feet, unless permission in special cases 11,083
is granted by the chief, after maps have been filed with him THE 11,084
CHIEF showing the method of working and ventilating the same, if 11,085
such distances would add to increased safety;. 11,086
(B) When, in the opinion of the mine foreman FOREPERSON or 11,088
deputy mine inspector, line brattices or other approved methods 11,090
of circulation are necessary to deliver sufficient air to the 11,091
working face, they shall be provided by the owner, operator, or 11,092
lessee;.
(C) Not more than a two days' supply of explosives shall 11,094
be stored in a clay mine at any one time, and not more than one 11,095
hundred pounds of explosives shall be stored in any one place at 11,096
any one time;.
(D) Charges of explosives shall be made up at least one 11,098
hundred feet away from any storage place for explosives;. 11,099
(E) There shall be no less than two persons in each 11,101
working place when shots are being lighted;. 11,102
(F) Misfired shots in clay mines shall be posted on the 11,104
bulletin board or other conspicuous place available for 11,105
examination by the workers when shots are fired by other than the 11,106
loaders;.
(G) The use of electric blasting caps shall be encouraged 11,108
as a safety measure. 11,109
254
The chief, in assigning deputy mine inspectors, shall 11,111
designate inspectors who have had experience and are especially 11,112
qualified in clay mining operations, to examine and inspect clay 11,113
mining operations and enforce the law relating to such 11,114
operations.
The mine examining board, in conducting examinations and 11,116
issuing certificates for mine foremen FOREPERSONS, shall in its 11,117
rules and regulations provide for the examination of applicants 11,119
for certificates as mine foremen FOREPERSONS in a clay mine or 11,120
clay stripping pits to test the applicant on experience and 11,121
fitness on the problems and duties peculiar to the clay mining 11,122
industry. An applicant for a certificate as a clay mine foreman 11,123
FOREPERSON shall have at least three years' experience in mining 11,125
operations.
Sec. 1561.10. (A) There is hereby created in the division 11,134
of mines and reclamation MINERAL RESOURCES MANAGEMENT the mine 11,136
examining board consisting of five members to be appointed by the 11,138
governor with the advice and consent of the senate. Terms of 11,139
office shall be for three years, commencing on the eleventh day 11,140
of September and ending on the tenth day of September. Each 11,141
member shall hold office from the date of appointment until the 11,142
end of the term for which the member was appointed. Vacancies 11,143
shall be filled by appointment by the governor. Any member 11,145
appointed to fill a vacancy occurring prior to the expiration of 11,146
the term for which the member's predecessor was appointed shall 11,148
hold office for the remainder of that term. Any member shall 11,149
continue in office subsequent to the expiration date of the 11,150
member's term until the member's successor takes office, or until 11,151
a period of sixty days has elapsed, whichever occurs first. The 11,152
governor may remove any member of the board for misconduct, 11,153
incompetency, neglect of duty, or any other sufficient cause. 11,154
One of the appointees to the board shall be a person who, 11,158
because of previous vocation, employment, or affiliation, can be 11,159
classed as a representative of the owner, operator, or lessee of 11,160
255
a coal mine. Prior to making the appointment, the governor shall 11,161
request the major trade association in this state that represents 11,163
owners, operators, or lessees of coal mines to submit to the 11,164
governor the names and qualifications of three nominees. The 11,165
governor shall appoint one of the nominees to the board. Except 11,166
as otherwise provided in this division, the nominees shall have 11,167
not less than five years of practical experience in the coal 11,168
mining industry in positions in which they developed competence 11,169
in the topics of mine health andsafety AND SAFETY. The major 11,170
trade association shall represent a membership that produced a
larger quantity of coal mined in this state than the membership 11,171
of any other trade association in the year prior to the year in 11,172
which the appointment is made. 11,173
One of the appointees shall be a person who, because of 11,175
previous vocation, employment, or affiliation, can be classed as 11,176
a representative of the owner, operator, or lessee of an 11,177
aggregates mine. Prior to making the appointment, the governor 11,178
shall request the major trade association in this state that 11,179
represents owners, operators, or lessees of aggregates mines to 11,180
submit to the governor the names and qualifications of three 11,181
nominees. The governor shall appoint one of the nominees to the 11,182
board. Except as otherwise provided in this division, the 11,183
nominees shall have not less than five years of practical 11,184
experience in the aggregates mining industry in positions in 11,185
which they developed competence in the topics of mine health and 11,186
safety. The major trade association shall represent a membership 11,187
that produced a larger quantity of aggregates mined in this state 11,188
than the membership of any other trade association in the year 11,189
prior to the year in which the appointment is made. 11,190
One of the appointees shall be a person who, because of 11,193
previous vocation, employment, or affiliation, can be classed as 11,194
a representative of employees currently engaged in coal mining 11,196
operations. Prior to making the appointment, the governor shall 11,197
request the highest ranking officer in the major employee 11,198
256
organization representing coal miners in this state to submit to 11,199
the governor the names and qualifications of three nominees. The 11,201
governor shall appoint one of the nominees to the board. Except 11,202
as otherwise provided in this division, the nominees shall have 11,203
not less than five years of practical experience in dealing with 11,204
mine health and safety issues and at the time of the nomination 11,205
shall be employed in positions that involve the protection of the 11,206
health and safety of miners. The major employee organization 11,207
representing coal miners shall represent a membership consisting 11,208
of the largest number of coal miners in this state compared to 11,209
other employee organizations in the year prior to the year in 11,210
which the appointment is made. 11,211
One of the appointees shall be a person who, because of 11,213
previous vocation, employment, or affiliation, can be classed as 11,214
a representative of employees currently engaged in aggregates 11,215
mining operations. Prior to making the appointment, the governor 11,216
shall request the highest ranking officer in the major employee 11,217
organization representing aggregates miners in this state to
submit to the governor the names and qualifications of three 11,218
nominees. The governor shall appoint one of the nominees to the 11,219
board. Except as otherwise provided in this division, the 11,220
nominees shall have not less than five years of practical 11,222
experience in dealing with mine health and safety issues and at 11,223
the time of the nomination shall be employed in positons 11,224
POSITIONS that involve the protection of the health and safety of 11,225
miners. The major employee organization representing aggregates 11,226
miners shall represent a membership consisting of the largest 11,227
number of aggregates miners in this state compared to other 11,228
employee organizations in the year prior to the year in which the 11,229
appointment is made.
One of the appointees shall be a person who can be classed 11,232
as a representative of the public. Except as otherwise provided 11,233
in this division, the appointee shall have not less than five 11,234
years of technical, practical experience in either the field of 11,235
257
mine health and safety or occupational health and safety, or 11,236
both. For a period of three years prior to the appointment, the 11,237
appointee shall not have been employed in the mining industry. 11,238
An appointee who has received a bachelor's degree in mining 11,241
engineering or technology need not have at least five years of 11,242
practical experience as otherwise provided in this division, but 11,243
shall have a total of not less than three years of practical 11,244
experience in the mining industry in a position that provided the 11,246
person with practical knowledge of mine health and safety.
Not more than three of the members of the board shall 11,249
belong to the same political party. The chief of the division of 11,251
mines and reclamation MINERAL RESOURCES MANAGEMENT or the chief's 11,252
designee shall be ex officio secretary to the board. 11,253
(B) The board shall have full power to do both of the 11,255
following: 11,256
(1) Adopt and enforce reasonable rules relative to the 11,259
exercise of its powers and proper rules to govern its proceedings 11,260
and to regulate the manner of appeals; 11,261
(2) Employ experts, advisors, and secretarial, clerical, 11,264
stenographic, and other employees.
(C) Each member of the board shall receive a salary fixed 11,266
pursuant to division (J) of section 124.15 of the Revised Code 11,267
when actually performing official duties, and, in addition to a 11,269
salary, each member shall be reimbursed for all actual and 11,271
necessary travel and incidental expenses incurred in carrying out 11,272
official duties. 11,273
(D) The board shall elect from its members a chairperson 11,276
and vice-chairperson. A quorum of the board shall consist of not 11,278
less than three members, and no action at any meeting shall be 11,280
taken unless at least three votes are in accord. The secretary 11,281
of the board shall keep a true and complete record of all the 11,283
proceedings of the board. With the approval of the board, the 11,284
secretary may employ clerical assistants. The board shall adopt 11,285
all necessary rules and bylaws to govern its times and places of 11,287
258
meetings, for organization and reorganization, for holding all 11,288
examinations, and for governing all other matters requisite to 11,289
the exercise of its powers, the performance of its duties, and 11,290
the transaction of its business under this chapter and Chapters 11,291
1509., 1563., 1565., and 1567. of the Revised Code. The board
shall adopt and have an official seal. 11,292
(E) Each member of the board shall complete the annual 11,295
refresher training required for miners under 30 C.F.R. 48.8 11,297
(1997). In addition to the annual refresher training, each
member shall complete twenty-four hours of continuing education 11,298
during each member's three-year term of office on the topics of 11,299
mining technology and laws governing mining health and safety. 11,301
Sec. 1561.13. The mine examining board shall conduct 11,310
examinations for offices and positions in the division of mines 11,311
MINERAL RESOURCES MANAGEMENT, and for mine foremen FOREPERSONS, 11,313
mine electricians, shot firers, surface mine blasters, and fire 11,314
bosses, as follows:
(A) Division of mines and reclamation MINERAL RESOURCES 11,316
MANAGEMENT: 11,317
(1) Deputy mine inspectors of underground mines; 11,319
(2) Deputy mine inspectors of surface mines; 11,321
(3) Electrical inspectors; 11,323
(4) Superintendent of rescue stations; 11,325
(5) Assistant superintendents of rescue stations; 11,327
(6) Mine chemists at A division of mines laboratory IF THE 11,329
CHIEF OF THE DIVISION OF MINERAL RESOURCES MANAGEMENT CHOOSES TO 11,330
OPERATE A LABORATORY; 11,331
(7) Gas storage well inspector. 11,333
(B) Mine foremen FOREPERSONS: 11,335
(1) Mine foreman FOREPERSON of gaseous mines; 11,337
(2) Mine foreman FOREPERSON of nongaseous mines; 11,339
(3) Mine foreman FOREPERSON of surface mines. 11,341
(C) Foremen FOREPERSONS: 11,343
(1) Foreman FOREPERSON of gaseous mines; 11,345
259
(2) Foreman FOREPERSON of nongaseous mines; 11,347
(3) Foreman FOREPERSON of surface maintenance facilities 11,349
at underground or surface mines; 11,350
(4) Foreman FOREPERSON of surface mines. 11,352
(D) Fire bosses. 11,354
(E) Mine electricians. 11,356
(F) Surface mine blasters. 11,358
(G) Shot firers. 11,360
The board shall hold such meetings as are necessary for the 11,362
proper discharge of its duties. 11,363
The board shall meet annually at the capitol, as prescribed 11,365
by its rules, for the examination of candidates for appointment 11,366
or promotion as deputy mine inspectors and such other positions 11,367
and offices set forth in division (A) of this section as are 11,368
necessary. Special examinations may be held whenever it becomes 11,369
necessary to make appointments to any of those positions. 11,370
For the examination of persons seeking certificates of 11,372
competency as mine foremen FOREPERSONS, foremen FOREPERSONS, mine 11,373
electricians, shot firers, surface mine blasters, and fire 11,374
bosses, the board shall hold meetings, quarterly or more often as 11,375
required, at such times and places within the state as shall, in 11,376
the judgment of the members, afford the best facilities to the 11,377
greatest number of applicants. Public notice shall be given 11,378
through the press or otherwise, not less than ten days in 11,379
advance, announcing the time and place at which examinations 11,380
under this section are to be held. 11,381
The examinations provided for in this section shall be 11,383
conducted under rules and conditions prescribed by the board. 11,384
Such rules shall be made a part of the permanent record of the 11,385
board, and such of them as relate to particular candidates shall, 11,386
upon application of any candidate, be furnished to him THE 11,387
CANDIDATE by the board; they shall also be of uniform application 11,389
to all candidates in the several groups. 11,390
Sec. 1561.26. (A) As used in this section, "EMT-basic," 11,401
260
"EMT-I," and "paramedic" have the same meanings as in section
4765.01 of the Revised Code. 11,403
(B) The superintendent of rescue stations, with the 11,405
approval of the chief of the division of mines and reclamation 11,406
MINERAL RESOURCES MANAGEMENT, shall, at each rescue station 11,407
provided for in section 1561.25 of the Revised Code, train and 11,408
employ rescue crews of six members each, one of whom shall hold a 11,409
mine foreman FOREPERSON or fire boss certificate and be 11,410
designated captain, and train and employ any number of such 11,412
rescue crews as he THE SUPERINTENDENT believes necessary. One 11,413
member of a rescue crew shall be certified as an EMT-basic, 11,414
EMT-I, or paramedic. Each member of a rescue crew shall devote 11,416
the time specified by the chief each month for training purposes 11,417
and shall be available at all times to assist in rescue work at 11,418
explosions, mine fires, and other emergencies. 11,419
A captain of mine rescue crews shall receive for service as 11,422
captain the sum of twenty-four dollars per month, and each member 11,424
shall receive the sum of twenty dollars per month, all payable on 11,425
requisition approved by the chief. When engaged in rescue work 11,426
at explosions, mine fires, or other emergencies away from their 11,427
station, the members of the rescue crews and captains of the same 11,428
shall be paid the sum of six dollars per hour for work on the 11,429
surface, which includes the time consumed by such members in 11,431
traveling to and from the scene of such emergency when such scene 11,432
is away from the station of such members, and the sum of seven 11,433
dollars per hour for all work underground at such emergency, and 11,434
in addition thereto, the necessary living expenses of such 11,435
members when such emergency is away from their home station, all 11,436
payable on requisition approved by the chief. 11,437
Each member of a mine rescue crew shall undergo an annual 11,439
medical examination by a doctor designated by the chief. In 11,440
designating such doctor, the chief shall choose one near to the 11,441
station of the member of such rescue crews. Such doctor shall 11,443
report his THE DOCTOR'S findings to the chief and if, in the 11,444
261
opinion of the chief, such report indicates that such member is 11,445
physically unfit for further services, the chief shall relieve 11,446
him THE MEMBER from further duty. The fee charged by such doctor 11,447
for such examination shall be paid in the same manner as fees are 11,448
paid to doctors employed by the industrial commission for special 11,449
medical examinations. 11,450
The chief may remove any member of a rescue crew for any 11,452
reason. Such crews shall be subject to the orders of the chief, 11,453
the superintendent, and the deputy mine inspectors when engaged 11,454
in actual mine rescue work. Mine rescue crews shall, in case of 11,455
death or injury when engaged in rescue work, wherever the same 11,456
may occur, be paid compensation, or their dependents shall be 11,457
paid death benefits, from the workers' compensation fund, in the 11,458
same manner as other employees of the state. 11,459
(C) In addition to the training of rescue crews, each 11,461
assistant superintendent of rescue stations, with the approval of 11,462
the superintendent, shall provide for and conduct safety, first 11,463
aid, and rescue classes at any mine or for any group of miners 11,464
who make application for the conducting of such classes. 11,465
The superintendent shall prescribe and provide for a 11,467
uniform schedule of conducting such safety and rescue classes as 11,468
will provide a competent knowledge of modern safety and rescue 11,469
methods in, at, and about mines. 11,470
Sec. 1561.27. The A division of mines and reclamation 11,479
MINERAL RESOURCES MANAGEMENT laboratory, equipped for making 11,481
proper chemical tests of the air, gases, and coal and mine dust, 11,482
together with research, experimental work, and other things, 11,483
proper, necessary, or appurtenant to the inspection of mines, and 11,484
quarries, and to the administration of this chapter and Chapters 11,485
1509., 1563., 1565., and 1567. of the Revised Code, shall be 11,487
operated by, and under the direction and control of, the chief of
the division of mines and reclamation MINERAL RESOURCES 11,488
MANAGEMENT. He THE CHIEF shall employ not more than three 11,490
chemists, and such clerical help as conditions require. The 11,491
262
necessary equipment and supplies to maintain such laboratory 11,493
shall be supplied by the chief.
Sec. 1561.28. The chief of the division of mines and 11,502
reclamation MINERAL RESOURCES MANAGEMENT shall designate one of 11,504
the chemists, provided for in section 1561.27 of the Revised 11,505
Code, to be in charge of and supervise and direct the work of the 11,506
A mine laboratory OPERATED UNDER THAT SECTION. The chemists 11,507
shall make proper chemical tests of samples of mine air, gases, 11,509
and coal and mine dust, and keep a permanent record of the same 11,510
showing the date, time, and place where taken, the results of the 11,511
test and analysis, and any further data that is proper, 11,512
necessary, and pertinent to the inspection of mines. They shall 11,513
conduct such research and experimental work and tests as will 11,514
provide for better working, health, and safety conditions in the 11,515
mines and quarries, and will aid in the development and 11,516
furtherance of such industries.
Sec. 1561.31. Each deputy mine inspector shall inspect 11,525
each mine in the inspector's district, the owner, lessee, agent, 11,526
or operator of which is an employer as defined in section 4123.01 11,528
of the Revised Code, or any other mine at which three or more 11,530
persons work, at intervals not exceeding three months between 11,531
inspections, and all other mines in the inspector's district as 11,532
often as practical, noting particularly the location and 11,533
condition of buildings, the condition of the boiler, machinery, 11,534
workings of the mine, the traveling ways and haulageways, the 11,535
circulation and condition of the air and drainage, and the 11,536
condition of electrical circuits and appliances. The inspector 11,537
shall make tests for poisonous, explosive, and noxious gases, and 11,538
shall specifically order compliance with any section of THIS 11,539
CHAPTER AND Chapters 1561., 1563., 1565., AND 1567., and sections 11,541
1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 11,542
of the Revised Code which THAT the inspector finds is being 11,545
violated.
Upon completion of the inspection of a mine, the inspector 11,547
263
shall fill out a report of the conditions found during 11,548
inspections on a form provided by the chief of the division of 11,549
mines and reclamation MINERAL RESOURCES MANAGEMENT, which form 11,550
shall provide for statements as to whether the laws are being 11,552
observed or violated, and if violated, the nature and extent 11,553
thereof, the date of the inspection, the number of persons 11,554
employed in and about the mine, whether or not a certificate of 11,555
compliance issued pursuant to section 4123.35 of the Revised Code 11,558
is posted and the date of expiration thereof, and matters, 11,559
things, and practices that specifically are covered by law, order 11,560
of the chief, or previous order of the inspector. The inspector 11,561
shall make this report in quadruplicate or quintuplicate, and 11,562
send the original to the chief, post a copy at the mine, give a 11,563
copy to the mine superintendent, and retain a copy for the 11,564
inspector's files. Where the miners of a mine have a mine safety 11,565
committee, the inspector shall post one additional copy of the 11,566
report of that mine at that mine for the use and possession of 11,567
the committee. The report required by this section shall be 11,568
known as the inspector's routine report. 11,569
If an inspector orders compliance with THIS CHAPTER AND 11,572
Chapters 1561., 1563., 1565., AND 1567., and sections 1509.09, 11,573
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 of the 11,574
Revised Code, and is assured by the superintendent of the mine to 11,575
which the order applies that the order will be complied with, the 11,576
inspector shall revisit the mine within a reasonable period of 11,577
time and ascertain whether or not the order has been complied 11,578
with. The inspector shall report the inspector's findings to the 11,579
chief on a form to be provided by the chief, and take action to 11,580
enforce compliance. 11,581
Sec. 1561.32. The electrical inspectors shall examine 11,590
surface and underground electrical installations at all mines for 11,591
fire, shock, and explosion hazards, and for compliance with the 11,592
electrical regulations REQUIREMENTS of this chapter and Chapters 11,593
1563., 1565., and 1567. of the Revised Code, at least once each 11,595
264
year. In gaseous mines such examinations shall be made of all 11,596
underground installations at least once each six months. A 11,597
written report of each examination shall be made to the owner, 11,598
lessee, or agent of the mine, and to the chief of the division of 11,599
mines and reclamation MINERAL RESOURCES MANAGEMENT, through the 11,600
deputy mine inspector of the district in which the examination 11,601
has been made. These inspection reports shall be handled in the 11,602
same manner as are the reports of the deputy mine inspector. 11,603
No owner, lessee, agent, or operator of a mine shall 11,605
willfully PURPOSELY refuse or neglect to comply with this 11,606
section. 11,607
Sec. 1561.33. On or before each Monday, each deputy mine 11,616
inspector shall file in the office of the chief of the division 11,617
of mines and reclamation MINERAL RESOURCES MANAGEMENT a record 11,618
showing the number of mines in the district examined by him THE 11,619
DEPUTY MINE INSPECTOR during the preceding week, the number of 11,620
persons employed in and about such mines, the date of each 11,621
examination, the condition of each mine examined, whether the 11,622
laws relating to mines and mining are being observed or violated, 11,623
and if violated, the nature and extent of such violations, the 11,624
progress made in safeguarding the lives and protecting the health 11,625
of the employees in and about the mines, and other facts of 11,626
public interest concerning the condition of mines and the
development and progress in mining. 11,627
Sec. 1561.34. If a deputy mine inspector finds danger of 11,636
an imminent and extraordinary character in any mine he, THE 11,637
DEPUTY MINE INSPECTOR shall immediately take steps to safeguard 11,639
the employees, notify the superintendent, the mine foreman 11,641
FOREPERSON, or any other person in charge of employees at once of 11,643
the condition he THE DEPUTY MINE INSPECTOR has found, and require 11,644
them to exercise their authority to remedy the situation; in all 11,645
such instances, he THE DEPUTY MINE INSPECTOR shall stop all 11,646
workings in the particular section in which he THE DEPUTY MINE 11,648
INSPECTOR found the dangerous condition, or the entire mine if 11,650
265
necessary, until the condition found is remedied. Before leaving 11,651
the mine property, he THE DEPUTY MINE INSPECTOR shall make a 11,652
report in writing setting forth clearly the dangerous conditions 11,653
of imminent and extraordinary character found, the steps taken by 11,654
him THE DEPUTY MINE INSPECTOR to safeguard the employees, and 11,655
confirming the orders or instructions given to the 11,656
superintendent, mine foreman FOREPERSON, or other person in 11,657
charge of employees. He THE DEPUTY MINE INSPECTOR shall make 11,658
this report in quadruplicate or quintuplicate, sending the 11,660
original at once to the chief of the division of mines and 11,661
reclamation MINERAL RESOURCES MANAGEMENT, giving a copy to the 11,662
mine superintendent, posting one on the bulletin board of the 11,663
mine, and retaining a copy for his THE DEPUTY MINE INSPECTOR'S 11,664
files. Where the miners have a mine safety committee, he THE 11,665
DEPUTY MINE INSPECTOR shall post one additional copy on the mine 11,666
bulletin board for the use and possession of the committee. This 11,667
report shall be known as his THE DEPUTY MINE INSPECTOR'S 11,668
emergency report. 11,670
Sec. 1561.35. If the deputy mine inspector finds that any 11,679
matter, thing, or practice connected with any mine and not 11,680
prohibited specifically by law is dangerous or hazardous, or that 11,682
from a rigid enforcement of this chapter and Chapters 1509.,
1563., 1565., and 1567. of the Revised Code, the matter, thing, 11,684
or practice would become dangerous and hazardous so as to tend to 11,685
the bodily injury of any person, the deputy mine inspector 11,686
forthwith shall give notice in writing to the owner, lessee, or 11,688
agent of the mine of the particulars in which the deputy mine 11,689
inspector considers the mine or any matter, thing, or practice 11,691
connected therewith is dangerous or hazardous and recommend 11,692
changes that the conditions require, and forthwith shall mail a 11,693
copy of the report and the deputy mine inspector's 11,695
recommendations to the chief of the division of mines and 11,696
reclamation MINERAL RESOURCES MANAGEMENT. Upon receipt of the 11,697
report and recommendations, the chief forthwith shall make a 11,699
266
finding thereon and mail a copy to the owner, operator, lessee, 11,700
or agent of the mine, and to the deputy mine inspector; a copy of 11,701
the finding of the chief shall be posted upon the bulletin board 11,702
of the mine. Where the miners have a mine safety committee, one 11,703
additional copy shall be posted on the bulletin board for the use 11,704
and possession of the committee. 11,705
The owner, operator, lessee, or agent of the mine, or the 11,707
authorized representative of the workers of the mine, within ten 11,709
days may appeal to the mine examining board for a review and 11,710
redetermination of the finding of the chief in the matter in 11,712
accordance with section 1561.53 of the Revised Code. A copy of 11,713
the decision of the board shall be mailed as required by this 11,715
section for the mailing of the finding by the chief on the deputy 11,716
mine inspector's report.
Sec. 1561.351. A deputy mine inspector who makes a finding 11,725
concerning a violation of this chapter or Chapter 1563., 1565., 11,727
or 1567. or section 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 11,728
1509.17, or 1509.18 of the Revised Code that involves mining 11,729
safety shall notify the chief of the division of mines and 11,730
reclamation MINERAL RESOURCES MANAGEMENT of the finding. The 11,731
chief shall review the inspector's finding, make a written 11,733
determination regarding it, and provide a copy of the written 11,734
determination to the owner, operator, lessee, or agent of the 11,735
mine involved. The chief shall provide a copy of the written 11,736
determination to any other interested party upon request.
A person, such as an owner, operator, lessee, or agent of 11,739
the mine or the authorized representative of the workers of the 11,740
mine, who has an interest that is or may be adversely affected by 11,741
the chief's determination may appeal the determination, not later 11,742
than ten days after receiving notice of the determination, to the 11,743
mine examining board by filing a copy of the chief's written 11,744
determination with the board. The board shall hear the appeal in 11,745
accordance with section 1561.53 of the Revised Code. 11,746
Sec. 1561.36. Upon being notified by the owner, lessee, or 11,755
267
agent of a mine, or by a deputy mine inspector, that a major 11,756
accident, causing injury to persons or property, has occurred at 11,757
a mine within his THE jurisdiction OF THE CHIEF OF THE DIVISION 11,758
OF MINERAL RESOURCES MANAGEMENT, the chief of the division of 11,759
mines and reclamation shall go, and may order one or more of the 11,761
deputy mine inspectors to go, at once to such mine, inquire into
the cause of the accident, and make a written report upon the 11,762
condition of that part of the mine wherein the accident occurred 11,763
and the cause of the accident. He THE CHIEF shall file such 11,764
report in his THE CHIEF'S office, and mail a copy thereof to the 11,765
general office of the owner, lessee, or agent of such mine. 11,766
Sec. 1561.37. When a deputy mine inspector receives notice 11,776
of the occurrence of a fatal or serious accident occurring at any 11,777
mine in his THE DEPUTY MINE INSPECTOR'S district, he THE DEPUTY 11,779
MINE INSPECTOR shall go immediately to such mine, to investigate 11,780
fully into the cause of the accident, and shall make a report 11,782
thereon to the chief of the division of mines and reclamation 11,783
MINERAL RESOURCES MANAGEMENT in writing. A copy of such report 11,785
shall be mailed to the owner, operator, lessee, or agent of such 11,786
mine. If the accident is of such a nature that the deputy mine 11,788
inspector needs assistance, he THE DEPUTY MINE INSPECTOR may 11,790
request the chief to attend or to assign additional deputy mine 11,791
inspectors to assist him THE DEPUTY MINE INSPECTOR WHO REQUESTED 11,792
ASSISTANCE.
Sec. 1561.38. In case of controversy or disagreement 11,801
between the deputy mine inspector and the owner, lessee, or agent 11,802
of a mine, or persons working therein, or in case of emergency 11,803
requiring counsel, the deputy mine inspector may call upon the 11,804
chief of the division of mines and reclamation MINERAL RESOURCES 11,805
MANAGEMENT for such assistance and counsel as is necessary. 11,806
Sec. 1561.45. Fines collected by reason of prosecutions 11,815
under this chapter and Chapters 1563., 1565., and 1567. of the 11,816
Revised Code shall be paid to the chief of the division of mines 11,817
and reclamation MINERAL RESOURCES MANAGEMENT, and by him THE 11,818
268
CHIEF paid into the state treasury to the credit of the mining 11,820
regulation fund created in section 1561.48 of the Revised Code. 11,821
Sec. 1561.47. If upon inspection a deputy mine inspector 11,830
or other authorized representative of the division of mines and 11,831
reclamation MINERAL RESOURCES MANAGEMENT finds any violation of 11,832
law, or any other conditions that constitute an imminent and 11,833
substantial threat to miners' health or safety, the chief of the 11,834
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 11,835
may issue, modify, or revoke reasonable orders requiring the 11,836
operator to abate the violation or condition within a reasonable 11,838
period of time. No operator shall violate or fail to comply with 11,839
any order issued under this section.
Sec. 1561.48. All moneys collected under sections 1561.14, 11,849
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 11,850
state treasury to the credit of the mining regulation fund, which 11,851
is hereby created. The department of natural resources shall use 11,852
the moneys in the fund to pay the operating expenses of the 11,853
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 11,854
Sec. 1561.49. The chief of the division of mines and 11,863
reclamation MINERAL RESOURCES MANAGEMENT may designate not more 11,865
than thirty deputy mine inspectors, at least one of whom shall be 11,867
classified and appointed as electrical inspector provided for in 11,868
division (B) of section 1561.12 of the Revised Code; one gas 11,869
storage well inspector; one superintendent of rescue stations; 11,870
three assistant superintendents of rescue stations; three 11,871
chemists; and such clerks, stenographers, and other employees as 11,872
are necessary for the administration of THIS CHAPTER AND Chapters 11,873
1561., 1563., 1565., 1567., and 1509. of the Revised Code. 11,874
Such officers, employees, and personnel shall be appointed 11,876
and employed under such conditions and qualifications as set 11,877
forth in such chapters.
Sec. 1561.50. When written charges of neglect of duty, 11,887
incompetency, or malfeasance in office against any deputy mine 11,888
269
inspector are made and filed with the chief of the division of 11,890
mines and reclamation MINERAL RESOURCES MANAGEMENT, signed by not 11,892
less than fifteen employees, or an owner, lessee, or agent of a 11,894
mine, the chief shall promptly investigate such charges and 11,896
advise in writing the complainant whose name appears first in the 11,898
charges, the result of such investigation.
If the mine employs less than fifteen men EMPLOYEES, such 11,901
charges shall be filed and signed by not less than fifty per cent 11,902
of the employees.
Sec. 1561.51. When written charges of neglect of duty, 11,912
incompetency, or malfeasance in office against the deputy mine 11,913
inspector are filed with the chief of the division of mines and 11,914
reclamation MINERAL RESOURCES MANAGEMENT, signed by not less than 11,915
fifteen employees, or otherwise as provided in section 1561.50 of 11,917
the Revised Code, or the owner, lessee, or agent of a mine, and 11,919
the signers of the charges are dissatisfied with the result of 11,920
the investigation made by the chief, they may appeal to the mine 11,922
examining board by filing the same charges against the deputy 11,923
mine inspector and a copy of the report of the investigation made 11,924
by the chief in the matter with the board, and the board shall 11,925
hear the appeal in accordance with section 1561.53 of the Revised 11,926
Code. The board shall mail a copy of its decision to the 11,927
complainant whose name appears first in the charges. 11,928
Sec. 1561.53. (A) As used in this section, "decision of 11,938
the chief" includes a decision, disapproval of an application to 11,939
drill a well, terms and conditions of a permit, or a suspension 11,940
order issued by the chief of the division of mines and 11,941
reclamation MINERAL RESOURCES MANAGEMENT under section 1509.08 of 11,942
the Revised Code; a finding of the chief made under section 11,943
1561.35 or 1563.13 of the Revised Code; a determination made by 11,944
the chief under section 1561.351 of the Revised Code; a report of 11,945
an investigation made by the chief under section 1561.51 of the 11,946
Revised Code; or disapproval of an application for a permit, 11,948
renewal permit, or modification issued under section 6111.044 of 11,949
270
the Revised Code.
(B)(1) Except as otherwise provided in division (B)(2) of 11,952
this section, the mine examining board has exclusive original 11,953
jurisdiction to hear and decide appeals made to the board under 11,954
sections 1509.06, 1509.08, 1561.35, 1561.351, 1561.51, 1563.13, 11,955
and 6111.044 of the Revised Code. An appeal made under those 11,956
sections does not operate as a stay of any decision of te THE 11,957
chief.
(2) Notwithstanding any other provision of law to the 11,959
contrary, from the effective date of this section NOVEMBER 24, 11,961
1999, until the date on which all members of the mine examining 11,962
board have been appointed in accordance with the qualifications 11,963
established in section 1561.10 of the Revised Code, as amended, 11,964
both of the following apply: 11,965
(a) A person, such as an owner, operator, lessee, or agent 11,968
of a mine or the authorized representative of the workers of a 11,969
mine, who has an interest that is or may be adversely affected by 11,970
a decision of the chief that involves mine health and safety may 11,971
appeal it, not later than ten days after receiving notice of the 11,972
decision, to the reclamation commission in accordance with 11,973
section 1513.13 of the Revised Code by filing a copy of the 11,974
chief's written decision with the commission. 11,975
(b) An owner, operator, lessee, or agent of a mine who 11,978
appeals a decision of the chief that involves mine health and 11,979
safety to the reclamation commission in accordance with division 11,980
(B)(2)(a) of this section, upon filing the appeal, shall provide 11,981
written notification of the appeal to the authorized 11,982
representative of the affected workers of the mine involved. The 11,984
authorized representative of the mine workers may intervene and 11,985
participate as a party to the appeal by filing a written notice 11,986
of intervention with the commission not later than ten days 11,987
following receipt of notification of the appeal. 11,988
(C) The board shall provide written notice of the time and 11,991
place of a hearing not less than five days prior to the hearing. 11,992
271
The hearing shall be of record.
(D) The board shall conduct hearings and render decisions 11,994
in a timely fashion and shall hear expedited appeals as required 11,995
under section 1509.08 of the Revised Code. 11,996
Whenever the board conducts a hearing, it shall prepare a 11,999
report setting forth its findings of fact and conclusions of law 12,000
and shall mail a copy of the report by certified mail to the
parties. A party, not later than fourteen days after receipt of 12,001
the report, may serve and file written objections to the board's 12,002
report with the secretary of the board. Objections shall be 12,003
specific and state with particularity the grounds for them. Upon 12,005
consideration of the objections, the board may adopt, reject, or 12,006
modify the report or hear additional evidence.
(E) The board shall affirm a decision of the chief unless 12,009
the board determines that it is arbitrary, capricious, or 12,010
otherwise inconsistent with law; in that case the board shall 12,011
vacate the decision of the chief and may remand it to the chief 12,012
for further proceedings that the board may direct. 12,013
(F) The chairperson of the board, under conditions that 12,016
the chairperson prescribes, may grant temporary relief that the 12,017
chairperson considers appropriate pending final determination of 12,018
an appeal if all of the following conditions are met: 12,019
(1) All parties to the appeal have been notified and given 12,022
an opportunity for a hearing to be held on the request for 12,023
temporary relief.
(2) The person requesting relief shows that there is a 12,025
substantial likelihood that the person will prevail on the 12,026
merits. 12,027
(3) The relief will not adversely affect the health or 12,029
safety of miners. 12,030
The chairperson shall issue a decision expeditiously and 12,033
promptly provide written notification of the decision to all
parties to the appeal. 12,034
Any party to an appeal filed with the board who is 12,036
272
aggrieved or adversely affected by a decision of the chairperson 12,037
to grant or deny temporary relief under this section may appeal 12,038
that decision to the board. The board may confine its review to 12,039
the record developed at the hearing before the chairperson. 12,041
The appeal shall be filed with the board not later than 12,043
thirty days after the chairperson issues the decision on the 12,044
request for temporary relief. The board shall issue a decision 12,045
as expeditiously as possible. 12,046
The board shall affirm the decision of the chairperson 12,049
granting or denying temporary relief unless it determines that 12,050
the decision is arbitrary, capricious, or otherwise inconsistent 12,051
with law.
Sec. 1561.54. For the purpose of participation in an 12,060
adjudicatory hearing conducted under section 1561.53 of the 12,061
Revised Code, the chief of the division of mines and reclamation 12,062
MINERAL RESOURCES MANAGEMENT or the mine examining board may 12,063
require the attendance of witnesses and the production of books, 12,064
records, and papers and may, and at the request of any party 12,065
shall, issue subpoenas for witnesses or subpoenas duces tecum to 12,066
compel the production of any books, records, papers, or other 12,067
material relevant to the inquiry, directed to the sheriff of each 12,068
county where the witnesses or materials are found, which 12,070
subpoenas shall be served and returned in the same manner that 12,071
subpoenas issued by courts of common pleas are served and 12,072
returned. The fees and mileage of sheriffs and witnesses shall 12,073
be the same as those allowed by the court of common pleas in 12,074
criminal cases.
In cases of disobedience or neglect of a subpoena served on 12,077
a person or the refusal of a witness to testify on any matter 12,078
regarding which the witness lawfully may be interrogated, the 12,079
court of common pleas of the county in which the disobedience, 12,080
neglect, or refusal occurs, or any judge of that court, on 12,081
application of the chief or the board or any member of the board, 12,082
shall compel obedience by attachment procedures for contempt as 12,083
273
in the case of disobedience of the requirements of a subpoena 12,084
issued from the court or a refusal to testify in it. 12,085
A witness at any hearing shall testify under oath or 12,087
affirmation, which the chief or any member of the board shall 12,088
administer. 12,089
Sec. 1561.99. Whoever violates any section of this chapter 12,098
or any order of the chief of the division of mines and 12,099
reclamation MINERAL RESOURCES MANAGEMENT is guilty of a minor 12,100
misdemeanor. 12,101
Sec. 1563.04. The operator of each underground mine shall 12,110
have a survey made whenever the workings of said THE mine have 12,111
extended four hundred feet in any direction from the point shown 12,112
on the map by the last survey of such mine, but not oftener MORE 12,113
OFTEN than once every six months, or whenever such mine is to be 12,114
abandoned or shut down for a sufficient period of time to make it 12,115
impossible to survey the working faces as prescribed by this 12,116
section because of the caving of the roof. Such surveys shall be 12,117
accurately plotted on the original map of the mine as prescribed 12,118
for in section 1563.03 of the Revised Code. A copy of such map 12,120
with the latest survey plotted thereon shall be kept at such 12,121
mine, available for the use of the chief of the division of mines 12,123
and reclamation MINERAL RESOURCES MANAGEMENT, and the deputy mine 12,124
inspectors, and available for inspection by the employees at all 12,126
reasonable times, and a copy of the same shall be promptly 12,127
forwarded to the chief, with the certificate of the engineer 12,128
making same and of the superintendent or mine foreman FOREPERSON 12,129
in charge of the mine at the time of the survey, acknowledged 12,130
before a notary public or other officer empowered to administer 12,131
oaths, in the following form:
"I, the undersigned, hereby certify that this map is 12,133
correct and shows all the information required by section 1563.03 12,135
of the Revised Code and covers the period ending ................ 12,136
................................................................. 12,137
............................. 12,139
274
Engineer 12,141
Acknowledged before me a .................................. 12,143
............ this .................day of........................ 12,144
............................. 12,146
I, the undersigned, hereby certify that I am mine foreman 12,148
FOREPERSON at the mine represented by this map and to the best of 12,149
my knowledge and belief the same correctly represents the 12,150
excavations of the mine for the period ending.................... 12,151
............................. 12,153
Mine Foreman FOREPERSON 12,155
Acknowledged before me a .................................. 12,157
.............this .................day of........................ 12,159
............................" 12,161
The operator of a mine shall file, at least annually, a map 12,163
of the same with the chief, so certified. 12,164
No operator of a mine shall refuse or neglect to comply 12,166
with this section. 12,167
Sec. 1563.05. Upon the refusal or neglect of the owner, 12,177
lessee, or agent of the mine to make and file a map or any 12,178
addition thereto, as required by sections 1563.03, 1563.04, and 12,179
1563.42 of the Revised Code, within sixty days after being 12,181
directed to do so by the chief of the division of mines and 12,182
reclamation MINERAL RESOURCES MANAGEMENT, the chief may cause 12,184
such map or addition thereto to be made in duplicate at the
expense of such owner, lessee, or agent, the cost of which shall 12,185
be recoverable against such owner, lessee, or agent in the name 12,186
of the chief of the division of mines and reclamation, in any 12,187
court of competent jurisdiction in the county in which such mine 12,188
is located, or in Franklin county.
Sec. 1563.06. For the purpose of making the examinations 12,198
provided for in this chapter and Chapters 1509., 1561., 1565., 12,200
and 1567. of the Revised Code, the chief of the division of mines 12,201
and reclamation MINERAL RESOURCES MANAGEMENT, and each deputy 12,202
mine inspector, may enter any mine at A reasonable time, by day 12,204
275
or by night, but in such manner as will not necessarily impede 12,206
the working of the mine, and the owner, lessee, or agent thereof 12,208
shall furnish the means necessary for such entry and examination. 12,209
Sec. 1563.11. (A) Unless a permit has been issued by the 12,218
director of transportation, or the board of county commissioners, 12,219
or the board of township trustees, or such other public authority 12,220
that is charged by law with the maintenance of a public road, and 12,221
the approval of the chief of the division of mines and 12,222
reclamation in the department of natural resources MINERAL 12,223
RESOURCES MANAGEMENT has been obtained, no person, firm, or 12,225
corporation, engaged in mining or quarrying any mineral, coal, 12,226
stone, or clay, shall:
(1) Extend any part of an open pit excavation closer than 12,228
fifty feet of horizontal distance to any part of a public road; 12,229
(2) Deposit mine refuse or removed overburden: 12,231
(a) Closer to a public road than a line parallel to the 12,233
boundary line of such road and fifty feet of horizontal distance 12,234
away from such road and at the same elevation as the elevation of 12,235
the crown of such road; 12,236
(b) Higher than a line beginning at a point fifty feet of 12,238
horizontal distance away from such road and at the same elevation 12,239
as the elevation of the crown of such road, and extending from 12,240
such beginning point upward and away from such road at an angle 12,241
of forty degrees from the horizontal plane. 12,242
Any person, firm, or corporation desiring such a permit 12,244
shall apply in writing therefor to the proper public authority, 12,245
and shall describe in such application the excavating or 12,246
depositing of mine refuse or removed overburden which THAT it 12,247
will do and for which it requests a permit. The applicant shall 12,249
also furnish such public authority with such additional data and 12,250
information concerning such work as such public authority may 12,251
request and which THAT shall be relevant, in making the 12,252
determination which THAT such public authority is required to 12,254
make as to the amount of bond or other security the applicant 12,256
276
shall be required to deposit before such a permit is issued to 12,257
the applicant.
Upon receipt of such an application such public authority 12,259
shall promptly consider what damage, if any, may be done to such 12,260
public highway by the excavating or depositing of mine refuse or 12,261
removed overburden for which the permit is requested, and 12,262
estimate the reasonable cost of repairing such damage, if any 12,263
should occur, and fix the amount of such estimate of cost as the 12,264
amount of bond or other security which THAT the applicant shall 12,265
deposit with such public authority upon issuance of the permit 12,266
requested, to ensure payment of the cost of repairing any such 12,267
damage which THAT might occur. Such public authority shall 12,268
promptly notify the applicant of the amount of bond or other 12,270
security it has so fixed. 12,271
Upon approval of the chief of the division of mines and 12,273
reclamation and deposit with the public authority of a surety 12,274
bond signed by the applicant as principal, and by a surety 12,275
company authorized to transact business in this state as surety, 12,276
or of cash or other security satisfactory to such public 12,277
authority, in the amount fixed by such authority, and conditioned 12,278
upon the payment to such public authority by applicant of the 12,279
cost of repairing any damage to such public road occurring as a 12,280
result of the excavating or depositing of mine refuse or removed 12,281
overburden for which the permit was issued, the public authority 12,282
shall issue to the applicant the permit for which THE applicant 12,283
applied.
If, at the end of three years after such excavation or 12,285
deposit of mine refuse or removed overburden is made, the 12,286
licensee shall have paid or caused to be paid all cost of 12,287
repairing any damage to such public road occurring within such 12,288
time as a result of such excavating or depositing for which such 12,289
permit was issued, or, if within such period of time no such 12,290
damage to such shall have occurred, the bond or cash or other 12,291
security deposited with the public authority upon the issuance of 12,292
277
such permit, shall be released and returned to such applicant. 12,293
(B) Any person, firm, or corporation owning any land 12,295
containing mineral, coal, stone, or clay, and over any portion of 12,296
which any state, county, or township road or public highway 12,297
passes, may drill, excavate, mine, or quarry through or under 12,298
such road. Before said THE work shall be IS commenced, such 12,300
person, firm, or corporation shall execute and deliver to the 12,301
director of transportation in case of state roads, to the board 12,302
of county commissioners in case of county roads, or to the board 12,303
of township trustees in case of township roads, a bond, with good 12,304
and sufficient surety in such amount as shall be considered by 12,305
the director, the board of county commissioners, or the board of 12,306
township trustees, sufficient to cover any damages that may 12,307
accrue by excavating, mining, or quarrying through or under any 12,308
such road, the same to be approved by such director, board of 12,309
county commissioners, or board of township trustees. Such bond 12,310
shall be conditioned that while crossing over or mining or 12,311
quarrying under any such road, a safe and unobstructed passageway 12,312
or road shall be kept open by such person, firm, or corporation 12,313
for the public use, and as soon as practicable, such road shall 12,314
be fully restored to its original safe and passable condition. 12,315
When such crossing is made by excavation at a depth of more than 12,316
thirty feet below the surface of such road, the person, firm, or 12,317
corporation making the same shall be liable to the director, 12,318
board of county commissioners, or board of township trustees for 12,319
any damage that may accrue by such excavation, and shall be held 12,320
to fully repair any such damage and to restore such road to its 12,321
original safe and passable condition. The right to mine or 12,322
quarry across or under public highways as provided in this 12,323
section, shall accrue to the owner, lessee, or agent of the land 12,324
upon or through which such highway passes. 12,325
As used in this section, "road" or "highway" means the 12,327
entire right of way as well as the improved portion thereof, and 12,328
includes bridges, viaducts, grade separations, appurtenances, and 12,329
278
approaches on or to such road or highway. 12,330
Sec. 1563.111. No owner, lessee, or agent shall conduct 12,339
his mining operations within twenty-five feet of any known well, 12,340
or locate a mine opening within three hundred feet of any well 12,341
which THAT produces oil or gas unless he THE OWNER, LESSEE, OR 12,343
AGENT obtains permission in writing from the division of mines 12,344
and reclamation and the chief of the division of oil and gas 12,346
MINERAL RESOURCES MANAGEMENT.
Sec. 1563.12. Any person, firm, or corporation, beginning 12,355
the opening of a mine, whether or not such person, firm, or 12,356
corporation is the owner, lessee, or agent of the property upon 12,357
which such mine is located, shall notify the chief of the 12,358
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 12,359
and observe the following in the construction of such mine: 12,361
(A) If the opening is a slope or vertical shaft, no 12,363
explosive used therein shall be fired by means of a squib or fuse 12,364
after the same is extended more than twenty-five feet from the 12,365
surface, and thereafter and until the slope or shaft reaches the 12,366
seam and the entry or landing is extended beyond a break-through 12,367
or other place driven at right angles thereto, no explosive shall 12,368
be fired except by means of an electric battery operated from the 12,369
surface after all persons are on the surface. 12,370
(B) A substantial structure to sustain sheave wheels or 12,372
pulleys, ropes, and loads, shall be provided, and if the opening 12,373
is a shaft, the same shall be placed at a height of not less than 12,374
twenty-five feet above the tipping place. 12,375
(C) A landing platform shall be arranged in such manner 12,377
that no material can fall into the shaft while the bucket is 12,378
being emptied, and the shaft shall not be sunk to a depth of more 12,379
than thirty feet without such structure. 12,380
(D) If the bucket used for hoisting material is to land on 12,382
a truck, the track on which such truck is operated and the 12,383
platform shall be so constructed that material cannot fall into 12,384
the shaft. 12,385
279
(E) Rock and coal shall not be hoisted from a shaft or 12,387
slope except in a bucket or cage attached to a rope by a safety 12,388
hook, clevis, or other safe attachment, and the bucket or cage 12,389
securely locked so that same cannot tip or empty while being 12,390
hoisted. 12,391
(F) Such rope shall be fastened to the side of the drum, 12,393
and not less than three coils of rope shall always remain on the 12,394
drum. 12,395
(G) After the shaft reaches a depth of one hundred feet, 12,397
the same shall be provided with guides and guide attachments, 12,398
applied in such a manner as to prevent the bucket from swing 12,399
while being lowered or hoisted, and such guides and guide 12,400
attachments shall be maintained at a distance of not more than 12,401
seventy-five feet from the bottom of the shaft. 12,402
(H) The sides of all shafts shall be properly secured for 12,404
safety and no loose rock or material shall be allowed to remain 12,405
on any timber in the shaft after each blast. 12,406
(I) All loose timber, tools, and materials shall be kept 12,408
away from the top of the shaft to reduce the danger of the same 12,409
falling down the shaft. 12,410
(J) Where explosive gas is encountered, the person in 12,412
charge shall see that the shaft or slope is examined before each 12,413
shift of men enter WORKERS ENTERS to work, and before the men THE 12,416
WORKERS descend after each blast.
(K) The slope, or shaft, shall be properly ventilated so 12,418
that persons working therein will have the necessary air. 12,419
(L) An efficient brake shall be attached to each drum of 12,421
an engine used in hoisting material and persons, and all 12,422
machinery, ropes, and chains connected therewith shall be 12,423
carefully examined once each shift. 12,424
(M) Not more than four persons shall be lowered or hoisted 12,426
in or on a bucket at one time, and no person shall be permitted 12,427
to ride on a loaded bucket. 12,428
(N) The bucket used in lowering or hoisting persons shall 12,430
280
be equipped with proper safety devices, so that it cannot become 12,431
detached from the rope or cable, and cannot tip or turn upside 12,432
down while being so used. 12,433
The chief of the division of mines and reclamation, and the 12,435
deputy mine inspector, shall have jurisdiction over such mine 12,436
when the shaft or slope reaches a depth of twenty-five feet, and 12,437
such person, firm, or corporation shall comply with any order 12,438
issued by either or both of them with respect to the safety of 12,439
persons employed. Other than this section, this chapter and 12,440
Chapters 1561., 1565., and 1567. of the Revised Code do not apply 12,442
to the opening of a mine until such opening reaches the seam, and 12,443
the entry or landing is extended beyond a break-through, or other 12,444
place driven at right angles thereto. 12,445
No operator of a mine shall refuse or neglect to comply 12,447
with this section. 12,448
Sec. 1563.13. When a deputy mine inspector considers that 12,457
the ways and means of egress in any underground mine from the 12,458
interior working places to the surface are inadequate as a safe 12,459
and ready means of escape in case of emergency, from danger of 12,460
fire at any point, or any other cause that may result in the 12,461
entombment of persons working in the mine, the deputy mine 12,463
inspector shall give notice in writing to the owner, lessee, or 12,464
agent of the mine of the particular in which the deputy mine 12,465
inspector considers the conditions dangerous, recommending any 12,467
changes that the conditions require, and forthwith shall mail a 12,468
copy of the deputy mine inspector's recommendations to the chief 12,470
of the division of mines and reclamation MINERAL RESOURCES 12,471
MANAGEMENT. Upon receipt of the recommendations, the chief 12,474
forthwith shall make a finding concerning them and mail a copy to 12,475
the operator of the mine and to the deputy mine inspector. A 12,477
copy of the finding of the chief shall be posted upon the 12,478
bulletin board at the time. 12,479
The operator of the mine, or the authorized representative 12,481
of the workers of the mine, within ten days may appeal to the 12,483
281
mine examining board for a review and redetermination of the 12,484
finding of the chief in the matter in accordance with section 12,486
1561.53 of the Revised Code. A copy of the decision of the board 12,487
shall be mailed as required by this section for the mailing of 12,488
the finding by the chief on the deputy mine inspector's report. 12,489
No operator of a mine shall refuse or neglect to comply 12,491
with this section. 12,492
Sec. 1563.17. From a point where the seam is reached in 12,502
the opening of an underground mine, to a point not exceeding a 12,503
distance of four hundred feet therefrom, break-throughs shall be 12,504
made between mine entries, where there are no rooms worked, not 12,505
more than one hundred feet apart, provided such entries are not 12,506
advanced beyond the point where the break-through will be made 12,507
until the break-through is complete. Break-throughs between 12,508
entries, except as provided in this section, shall be made not 12,509
exceeding sixty feet apart. Where there is a solid block on one 12,510
side of the room, break-throughs shall be made between such room 12,511
and the adjacent room not to exceed sixty feet apart; where there 12,512
is a breast or group of rooms, a break-through shall be made on 12,513
one side or the other of each room, except the room adjoining 12,514
said THE block not to exceed forty feet from the outside corner 12,515
of the break-through to the nearest corner of the entrance to the 12,516
room, and on the opposite side of the same room a break-through 12,517
shall be made not to exceed eighty feet from the outside corner 12,518
of the break-through to the nearest corner of the entrance to the 12,519
room, and thereafter break-throughs shall be made not to exceed 12,520
eighty feet apart on each side of the room. No working place, 12,521
except those provided for within a distance of four hundred feet 12,522
of the principal opening of a mine, shall be driven more than 12,523
eighty feet in advance of a break-through or airway. The 12,524
required air current shall be distributed to the working face of 12,525
such entry or room. All break-throughs between entries, and when 12,526
necessary between rooms, except the one nearest the working face, 12,527
shall be closed and made airtight by brattice, trap doors, or 12,528
282
other means, so that the current of air in circulation may sweep 12,529
to the interior of the mine. Brattices between permanent inlet 12,530
and outlet airways shall be constructed in a substantial manner 12,531
of brick, masonry, concrete, or nonperishable material, provided 12,532
THAT in hand-loading and nongaseous mines such brattices may be 12,533
of wood. In mines generating firedamp, so as to be detected by a 12,534
flame safety lamp, the air current shall be conducted by 12,535
brattice, or other means, near enough to the working face to 12,536
expel the firedamp, and prevent the accumulation of same. With 12,537
the approval of the chief of the division of mines and 12,538
reclamation MINERAL RESOURCES MANAGEMENT, a greater distance than 12,540
specified in this section may be allowed between break-throughs. 12,541
Any operator of a mine desiring to allow a greater distance 12,542
between break-throughs than specified in this section shall file 12,543
a written request to do so with the chief, together with a map of 12,544
the mining and ventilating system for which approval and 12,545
permission is ARE asked, attached thereto, and said THE map shall 12,546
become a part of the records in the office of the chief. 12,547
No operator of a mine shall refuse or neglect to comply 12,549
with this section. 12,550
Sec. 1563.20. For the protection of transportation men 12,559
WORKERS, track shall be laid to provide a minimum clearance of 12,560
fourteen inches on the side of the entry opposite the trolley or 12,561
feed wire at all haulage turnouts and crossovers between butt 12,562
entries, on gathering passageways, on room entries, and chutes 12,563
between room entries, except that where brake handles are on the 12,564
side of mine cars, the clearance shall be provided on the wire 12,565
side of such entries as have the wire on the same side as the 12,566
brake handles. The clearance specified in this section shall be 12,567
measured horizontally between the topside of the widest mine car 12,568
and the rib. This section does not apply to entries having been 12,569
driven prior to September 2, 1941, or at any mine or section of a 12,570
mine, where, in the opinion of the division of mines and 12,571
reclamation MINERAL RESOURCES MANAGEMENT, the roof conditions are 12,573
283
such as to require a width of entry not sufficient to provide the 12,574
clearance set out in this section.
No operator of a mine shall refuse or neglect to comply 12,576
with this section. 12,577
Sec. 1563.24. In all mines generating methane in such 12,586
quantities as to be considered a gaseous mine under section 12,587
1563.02 of the Revised Code, the mine foreman FOREPERSON of such 12,588
mine shall: 12,589
(A) Employ a sufficient number of competent men PERSONS 12,591
holding foreman FOREPERSON of gaseous mines or fire boss 12,592
certificates, except as provided in section 1565.02 of the 12,593
Revised Code, to examine the working places whether they are in 12,595
actual course of working or not, and the traveling ways and 12,596
entrances to old workings with approved flame safety lamps, all 12,597
of which shall be done not more than three hours prior to the 12,598
time fixed for the employees to enter such mine; 12,599
(B) Have all old parts of the mine not in the actual 12,601
course of working, but which THAT are open and safe to travel, 12,602
examined not less than once each three days by a competent man 12,603
PERSON who holds a foreman FOREPERSON of gaseous mines or a fire 12,605
boss certificate;
(C) See that all parts of the mine not sealed off as 12,607
provided in section 1563.41 of the Revised Code are kept free 12,608
from standing gas, and upon the discovery of any standing gas, 12,609
see that the entrance to the place where the gas is so discovered 12,610
is fenced off and marked with a sign upon which is written the 12,611
word "danger," and such sign shall so remain until such gas has 12,612
been removed; 12,613
(D) Have the mine examined on all idle days, holidays, and 12,615
Sundays on which men EMPLOYEES are required to work therein; 12,616
(E) If more than three hours elapse between shifts, have 12,618
the places in which the succeeding shift works examined by a 12,619
competent man PERSON who holds a foreman FOREPERSON of gaseous 12,621
mines or fire boss certificate; 12,622
284
(F) See that this chapter and Chapters 1509., 1561., 12,624
1565., and 1567. of the Revised Code, with regard to examination 12,625
of working places, removal of standing gas, and fencing off of 12,626
dangerous places, are complied with before the men EMPLOYEES 12,627
employed by him THE MINE FOREPERSON for this particular work are 12,628
permitted to do any other work; 12,629
(G) Have a report made on the blackboard provided for in 12,631
section 1567.06 of the Revised Code, which report shall show the 12,633
condition of the mine as to the presence of gas and the place 12,634
where such gas is present, if there is any, before he THE MINE 12,635
FOREPERSON permits the employees to enter the mine; 12,636
(H) Have reports of the duties and activities enumerated 12,638
in this section signed by the person who makes such examination; 12,639
such. THE reports so signed shall be sent once each week to the 12,641
deputy mine inspector of the district in which the mine is 12,642
located on blanks furnished by the division of mines and 12,643
reclamation MINERAL RESOURCES MANAGEMENT for that purpose, and a 12,644
copy of such report shall be kept on file at the mine;. 12,645
(I) Have the fire boss record a report after each 12,647
examination, in ink, in the fire boss' record book, which book 12,648
shall show the time taken in making the examination and also 12,649
clearly state the nature and location of any danger that was 12,650
discovered in any room, entry, or other place in the mine, and, 12,651
if any danger was discovered, the fire boss shall immediately 12,652
report the location thereof to the mine foreman FOREPERSON. 12,653
No person shall enter the mine until the fire bosses return 12,655
to the mine office on the surface, or to a station located in the 12,656
mine, where a record book as provided for in this section shall 12,657
be kept and signed by the person making the examination, and 12,658
report to the oncoming mine foreman FOREPERSON that the mine is 12,659
in safe condition for the men EMPLOYEES to enter. When a station 12,661
is located in any mine, the fire bosses shall sign also the 12,662
report entered in the record book in the mine office on the 12,663
surface. The record books of the fire bosses shall at all times 12,664
285
during working hours be accessible to the deputy mine inspector 12,665
and the employees of the mine. 12,666
In every mine generating explosive gas in quantities 12,668
sufficient to be detected by an approved flame safety lamp, when 12,669
the working portions are one mile or more from the entrance to 12,670
the mine or from the bottom of the shaft or slope, a permanent 12,671
station of suitable dimensions may be erected by the mine foreman 12,673
FOREPERSON, provided THAT the location is approved by the deputy 12,674
mine inspector, for the use of the fire bosses, and a fireproof 12,675
vault of ample strength shall be erected in such station of 12,676
brick, stone, or concrete, in which the temporary record book of 12,677
the fire bosses, as described in this section, shall be kept. No 12,678
person, except a mine foreman FOREPERSON of gaseous mines, and in 12,680
case of necessity such other persons as are designated by him THE 12,681
MINE FOREPERSON, shall pass beyond the permanent station and 12,683
danger signal until the mine has been examined by a fire boss, 12,684
and the mine or certain portions thereof reported by him THE FIRE 12,685
BOSS to be safe.
This section does not prevent a mine foreman FOREPERSON or 12,687
foreman FOREPERSON of gaseous mines from being qualified to act 12,688
and acting in the capacity of fire boss. The record book shall 12,690
be supplied by the division of mines and reclamation and 12,691
purchased by the operator.
No mine foreman FOREPERSON or person delegated by him THE 12,694
MINE FOREPERSON, or any operator of a mine, or other person,
shall refuse or neglect to comply with this section. 12,695
Sec. 1563.26. All mines, except those mines or locations 12,704
in a mine which THAT are too wet or too high in incombustible 12,705
content to propagate an explosion, shall be rock dusted. The 12,707
rock dusting shall be done with such regularity and frequency 12,708
that all surfaces required to be rock dusted shall be kept in 12,709
such condition that the incombustible content of the adhering and 12,710
lodging dust is not less than sixty-five per cent. When methane 12,711
is present in any ventilating current, such incombustible content 12,712
286
shall be not less than sixty-five per cent plus one and 12,713
four-tenths per cent for each one tenth of one per cent of 12,714
methane so present. 12,715
The rock dust to be used shall be pulverized limestone or 12,717
any other material containing less than five per cent combustible 12,718
material. All dust must SHALL be so pulverized that it will all 12,719
go through a sieve which THAT has twenty openings to the linear 12,721
inch and at least fifty per cent of such dust shall pass through 12,723
a sieve with two hundred openings to the linear inch. The rock 12,724
dust shall not contain more than four per cent free silicon and 12,725
silicon dioxide. 12,726
The rock dust shall be distributed on top, bottom, and 12,728
sides of all haulageways, traveling ways, developing entries, and 12,729
rooms to within forty feet of face. Back entries shall be rock 12,730
dusted for at least one thousand feet out by the junction with 12,731
the first active entry. 12,732
In coal mines where rock dusting is required, the 12,734
superintendent shall see that a representative sample of dust is 12,735
gathered at each sampling point from the roof, sides, and floor 12,736
of all entries by a competent person once each sixty days and 12,737
tested to determine if any part of the mine requires redusting, 12,738
and a record shall be kept in a book furnished by the division of 12,740
mines and reclamation MINERAL RESOURCES MANAGEMENT for that 12,741
purpose. Such books shall be kept in the mine office. Such 12,742
record shall show the location at which samples have been taken 12,743
and the results of the analyses or tests. The distance between 12,744
sampling points on haulageways and traveling ways shall not 12,745
exceed two thousand feet, but in developing entries and in 12,746
entries producing coal from rooms or pillars and their parallel 12,747
entries the distance between sampling points shall not exceed 12,748
five hundred feet.
No operator of a mine shall refuse or neglect to comply 12,750
with this section. 12,751
Sec. 1563.33. Each operator shall carry out on a 12,760
287
continuing basis a program to improve the roof control system of 12,761
each coal mine and the means and measures to accomplish such 12,762
system. The roof and ribs of all active underground roadways, 12,763
travelways, and working places shall be supported or otherwise 12,764
controlled adequately to protect persons from falls of the roof 12,765
or ribs. A roof control plan and revisions thereof suitable to
the roof conditions and mining system of each coal mine and 12,766
approved by the chief of the division of mines and reclamation 12,767
MINERAL RESOURCES MANAGEMENT shall be adopted and set out in 12,769
printed form on or before January 1, 1977. The plan shall show
the type of support and spacing approved by the chief. Such plan 12,771
shall be reviewed periodically, at least every six months by the 12,773
chief, taking into consideration any falls of roof or ribs or 12,774
inadequacy of support of roof or ribs. No person may proceed
beyond the last permanent support unless adequate temporary 12,775
support is provided or unless such temporary support is not 12,776
required under the approved roof control plan and the absence of 12,777
such support will not pose a hazard to the miners. A copy of the 12,778
plan shall be furnished to the chief or his THE CHIEF'S 12,779
authorized representative and shall be available to the miners 12,780
and their representatives.
No person shall refuse or neglect to comply with this 12,782
section.
Sec. 1563.34. Each operator shall adopt an adequate 12,791
program for improving roof control systems. This program shall 12,794
include a roof control plan, provision for the training of 12,796
miners, a history of all unintentional roof falls, and systematic 12,798
evaluation of the effectiveness of the roof control system in 12,800
use. Each operator shall adopt a roof control plan suitable to 12,801
the roof conditions and the mining system for all underground 12,802
roadways, travelways including escapeways, and working places of 12,804
each mine. Roof control plans shall be filed with the chief of 12,806
the division of mines and reclamation MINERAL RESOURCES 12,807
MANAGEMENT. The chief shall notify the operator in writing of 12,809
288
the approval of a proposed roof control plan. If revisions are 12,810
required for approval, the changes required will SHALL be 12,811
specified and the operator will SHALL be afforded an opportunity 12,814
to discuss the revisions with the chief.
A roof control plan shall include the following 12,816
information:
(A) Name and address of the company; 12,818
(B) Name and address of the mine; 12,820
(C) Names and addresses of the responsible officials; 12,822
(D) Area of the mine covered by the roof control plan; 12,824
(E) A columnar section of the mine strata which THAT 12,826
shall:
(1) Show the name and thickness of the coalbed and any 12,828
persistent partings; 12,830
(2) Identify by type and show the thickness of each 12,832
stratum (rock layer) up to and including the main roof over and 12,834
for ten feet under the coalbed; 12,835
(3) Show the maximum cover over the mining area covered 12,837
included in the roof control plan. 12,839
(F) A description of the sequence of mining and 12,841
installation of supports including temporary supports. The 12,843
description shall include:
(1) Drawings on eight and one-half by eleven inch paper or 12,845
on paper folded to this size, showing the location of all roof, 12,847
face, and rib supports for each method of mining employed at the 12,849
mines. The scale shall be specified and not less than five feet 12,851
to the inch nor more than twenty feet to the inch. A legend 12,853
explaining all the symbols used shall also be included on the 12,854
drawings. 12,855
(2) A list of all roof support materials employed in the 12,857
roof control system including, where applicable, the name of the 12,859
manufacturer and its designation for the item. Prior approval 12,861
shall be obtained before making any changes in the materials 12,863
listed.
289
No person shall refuse or neglect to comply with this 12,865
section.
Sec. 1563.35. The chief of the division of mines and 12,875
reclamation MINERAL RESOURCES MANAGEMENT shall approve roof
control plans on a mine-by-mine basis in accordance with the 12,877
criteria or specifications set forth in this section. Additional 12,878
measures may be required. Roof control plans which THAT do not 12,879
conform to these criteria or specifications may be approved if 12,881
the operator satisfies the chief that the resultant roof 12,882
conditions will provide no less protection to the miners. 12,883
(A) The following criteria apply to full roof bolting 12,885
plans. A full roof bolting plan is one in which roof bolts 12,887
constitute the sole means of roof support at a face as part of 12,889
the normal mining cycle.
(1) Roof bolt assemblies shall meet the following 12,891
specifications: 12,892
(a) All components of the roof bolt assembly shall comply 12,894
with the American national standards institute, "specifications 12,896
for roof bolting materials in coal mines." 12,898
(b) Roof bolts that provide support by creating a beam of 12,900
laminated strata shall be of a length that assures adequate 12,902
anchorage, but in no case may the length of the bolt be less than 12,904
thirty inches.
(c) Roof bolts that provide support by suspending the 12,906
immediate roof from a stronger overlying strata shall be of a 12,907
length that permits anchoring at least twelve inches in the 12,908
stronger strata.
(d) Bearing plates used directly against the mine roof 12,910
shall be not less than six inches square or of equivalent area. 12,911
In exceptional cases where the mine roof is firm and not 12,912
susceptible to sloughing, bearing plates five inches square or of 12,913
equivalent area may be used.
(e) When wooden material such as planks, header blocks, 12,915
and crossbars are used between the bearing plate and the roof for 12,916
290
additional bearing, the use shall be limited to short life 12,917
openings, not to exceed three years, unless treated. Bearing 12,918
plates used in conjunction with wooden materials shall be not 12,919
less than four inches square or of equivalent area.
(f) When washers are used, the shape of such washers shall 12,921
conform to the shape of roof bolt head and the shape of the 12,922
bearing plate and such washers shall be of sufficient strength to 12,923
withstand loads up to the yield point of the roof bolt. 12,924
(2) Full roof bolting plan installation practices shall 12,926
meet the following criteria: 12,927
(a) Finishing bits shall be easily identifiable by sight 12,929
or feel and the diameter should SHALL be within a tolerance of 12,930
plus thirty thousandths of one inch minus zero of the 12,932
manufacturers MANUFACTURER'S recommended hole diameter for the 12,933
anchor used. 12,934
(b) Torque ranges specified in the roof control plan shall 12,936
be capable of providing roof bolt loads to within plus or minus 12,937
one thousand pounds of fifty per cent of either the yield point 12,938
of the roof bolt being used or the anchorage capacity of the 12,939
strata, whichever is less. In no case, however, should SHALL 12,940
installed torques provide loads that exceed the yield point of 12,941
the roof bolt being used or the anchorage capacity. Relationship 12,942
RELATIONSHIPS for determining roof bolt load for torque applied 12,944
are as follows:
Expansion type Pounds of load 12,946
roof bolt per foot-pound 12,947
(in inches) of torque 12,948
Cone neck or 12,949
self-centering roof
bolt
5/8 30 12,950
3/4 30 12,951
Standard roof bolt 12,952
without hard washer
291
or lubricant
5/8 50 12,954
3/4 40 12,955
Standard roof bolt 12,956
with hard washer or
lubricant
5/8 60 12,958
3/4 60 12,959
(c) Each operator shall outline and describe roof bolt 12,962
testing procedures to be followed in the roof control plan. The 12,963
procedures to be followed should SHALL include: 12,964
(i) Providing and maintaining an approved, calibrated 12,966
torque wrench on each roof bolting machine. An approved wrench 12,968
shall be one that will indicate the actual torque on the roof 12,970
bolt.
(ii) Designating a qualified person to spot-check torques 12,972
on at least twenty-five per cent of the roof bolts immediately 12,973
after the working place has been fully bolted. If the majority 12,976
of the installed torques fall outside the recommended range, the 12,978
remaining roof bolts in the working place shall be tested. If 12,980
the majority of the torques still fall outside the recommended 12,981
range, necessary adjustments in the equipment used for tightening 12,982
the roof bolts shall be made immediately. If, after adjustments 12,983
are made and required torques are not achieved, supplementary 12,984
support such as additional roof bolts, longer bolts with adequate 12,985
anchorage, posts, cribs, or crossbars shall be installed. 12,986
(iii) On a daily basis, spot-check torques on at least ten 12,988
per cent of the roof bolts from the outby corner of the last open 12,989
crosscut to the face and record the results. This record shall 12,990
show the number of roof bolts tested, number of roof bolts below 12,991
the recommended range, and the number of roof bolts above the 12,992
recommended range. If results show that a majority of the roof
bolts are not maintaining at least seventy per cent of the 12,993
minimum torque required (fifty per cent if plates bear against 12,994
292
wood), or have exceeded the maximum required torque by fifty per 12,995
cent, supplementary support such as additional roof bolts, longer 12,996
roof bolts with adequate anchorage, posts, cribs, or crossbars 12,997
shall be installed until a review of the adequacy of the roof 12,998
control plan is made by an authorized representative of the
chief.
(d) Devices shall be used to compensate for the angle when 13,000
roof bolts are installed at angles greater than five per cent 13,001
from the perpendicular to the roof line. 13,002
(3) The roof bolting pattern shall meet the following 13,004
criteria:
(a) Roof bolt spacing either lengthwise or crosswise shall 13,006
not exceed five feet. 13,007
(b) Roof bolts shall be installed as close as possible to, 13,009
but not more than five feet from, the rib before a sidecut is 13,010
started.
(c) Roof bolts shall be installed as close as possible to, 13,012
but not more than five feet from, the face before starting 13,013
conventional cutting or a continuous miner run. 13,014
(4) Openings shall not exceed twenty feet in width where 13,016
roof bolting is the sole means of roof support. 13,017
(B) A conventional roof control plan is one in which 13,019
installation of materials other than roof bolts, such as metal or 13,020
wood posts, jacks, or cribs, in conjunction with wooden cap 13,021
blocks (half headers), footers (sills), planks, or beams, are 13,022
installed as the sole means of roof support at a face as part of
the normal mining cycle. The following criteria apply to 13,023
conventional roof control plans: 13,024
(1) Support materials shall meet the following 13,026
specifications:
(a) Posts shall be of solid, straight-grain wood with the 13,028
ends sawed square and free from defects which THAT would affect 13,029
their strength.
(b) The diameter of round posts shall not be less than one 13,031
293
inch for each fifteen inches of length, but in no case should 13,032
SHALL the diameter be less than four inches; split posts shall 13,034
have a cross-sectional area equal to that required for round 13,035
posts to equivalent length.
(c) Wooden cap blocks and footers shall have flat 13,037
paralleled sides and be not less than two inches thick, four 13,038
inches wide, and twelve inches long.
(d) Wooden crossbars and planks shall be straight and of 13,040
solid wood. Crossbars shall have a minimum cross-sectional area 13,041
of twenty-four square inches and the minimum thickness shall be 13,042
three inches. Planks shall have a minimum cross-sectional area 13,043
of eight square inches and a minimum thickness of one inch. 13,044
(e) Cribbing material shall be of wood having parallel 13,046
flat sides. In no case may the crib be less than thirty inches 13,048
square.
(2) Conventional roof control plan installation practices 13,050
shall meet the following criteria: 13,051
(a) No more than two wooden wedges should SHALL be used to 13,053
install a post. 13,054
(b) Posts shall not be installed under roof susceptible to 13,056
sloughing or under disturbed roof without a wooden cap block, 13,057
plank, or crossbar between the post and the roof. 13,058
(c) Posts shall be installed tight and on solid footing. 13,060
(d) Blocks used for lagging between the roof and wooden 13,062
crossbars, planks, or metal bars shall be spaced so that the load 13,063
on the supports will be equally distributed. 13,064
(e) Cap blocks should SHALL be used between jacks and the 13,066
roof.
(3) The support pattern shall meet the following criteria: 13,068
(a) Spacing of roadway roof supports shall not exceed five 13,070
feet.
(b) Width of roadways shall not exceed fourteen feet on 13,072
the straight and sixteen feet on the curves. 13,073
(c) Roof supports shall be installed to within five feet 13,075
294
of the uncut face; however, the supports nearest the face may be 13,077
removed to facilitate the operation of face equipment if 13,079
equivalent temporary support is installed prior to removal. 13,081
(d) When an opening is no longer needed for storing 13,083
supplies or for travel of equipment, the roof at the entrance of 13,084
all such openings along travelways shall be supported by 13,086
extending the post line across the opening.
(4) Openings shall not exceed twenty feet in width where 13,088
the roof is supported solely by conventional means. 13,090
(C) The following criteria apply to combination roof 13,092
control plans. For a plan where both roof bolts and conventional 13,094
supports are used for roof control at the face, the criteria for 13,096
a full roof bolting plan and a conventional roof control plan 13,098
shall apply with the following modifications:
(1) Any place being driven over twenty feet in width shall 13,100
be supported in compliance with a combination roof control plan. 13,101
(2) The roadway shall be limited to sixteen feet in width 13,103
on both the straight and the curves to within ten feet of the 13,105
uncut face.
(3) A row of posts shall be set for each five feet of 13,107
space between the roadway posts and the ribs. 13,108
(4) Openings shall not exceed thirty feet in width. 13,110
(D) The following criteria apply to spot roof bolting 13,112
plans. Spot roof bolting may be used only as a supplement to the 13,113
approved roof control plan at random locations where adverse roof 13,114
conditions are encountered. Where spot roof bolting is used, the 13,115
criteria in divisions (A)(1) and (2) of this section shall apply. 13,116
In addition, roof bolts shall be installed in accordance with
roof conditions, but in no case should SHALL spacing exceed four 13,117
feet lengthwise and crosswise. Roof bolting should SHALL begin 13,119
under safe roof and continue for the length of the adverse roof 13,121
condition until safe roof is again encountered.
(E) The following criteria apply to pillar recovery plans. 13,123
Any reduction in pillar size during second mining or intentional 13,124
295
retreat mining shall be considered pillar recovery: 13,125
(1) Division (A), (B), or (C) of this section shall apply 13,127
depending on whether the pillar recovery plan calls for 13,129
conventional support or a combination of conventional support and 13,131
roof bolting.
(2) During development, the size and shape of the pillars 13,133
shall be dictated by the depth of cover, height of coal, and 13,135
other conditions associated with the coal bed. The smallest 13,137
dimension of the pillar may not be less than twenty feet. 13,139
(3) Pillar splits and lifts may not exceed twenty feet in 13,141
width.
(4) A minimum of two rows of breaker posts or the 13,143
equivalent shall be installed on not more than four foot centers 13,145
across each opening leading into pillared areas and such posts 13,147
should SHALL be installed before production is started. Such 13,149
posts shall be installed near the breakline between the lift 13,150
being started and the gob. 13,151
(5) A row of roadside-radius (turn) posts or the 13,153
equivalent shall be installed on not more than four foot centers 13,155
leading into pillar splits, including secondary splits in slabs, 13,157
wings, or fenders.
(6) The width of the roadway leading from the solid 13,159
pillars to a final stump (pushout) may not exceed fourteen feet. 13,161
At least two rows of posts or their equivalent shall be set on 13,163
each side of the roadway on not more than four foot centers. 13,165
Only one open roadway leading to a final stump (pushout) may be 13,166
permitted. 13,167
(7) Before full pillar recovery is begun in areas where 13,169
roof bolts were used as the sole means of roof support and 13,171
openings are more than sixteen feet wide, supplementary support 13,173
shall be installed on either side on not more than four foot 13,175
centers lengthwise, and the width of all roadways may not exceed 13,177
sixteen feet. These supports shall be extended from the entrance 13,178
to the split for at least one full pillar outby the pillar in 13,179
296
which the split is being made. 13,181
(8) The following criteria shall apply to open end 13,183
pillaring:
(a) At least two rows of breaker posts or their equivalent 13,185
shall be installed between the lift being started and the gob on 13,186
not more than four foot centers before the initial cut is made 13,187
and shall be extended to within seven feet of the face. The 13,188
width of the roadway may not exceed fourteen feet.
(b) If the roof in open end pillaring has a tendency to 13,190
hang, falls shall be made, or cribs installed in addition to the 13,191
breakline posts between the active lift and the hanging area. 13,192
The cribs may be set not more than eight feet apart. Heavy duty 13,193
hydraulic jacks set at centers close enough to give equivalent 13,194
support may be substituted for cribs, if such jacks are removed
remotely. 13,195
(F) The following criteria apply to special roof control 13,197
plans. A special roof control plan shall be adopted and followed 13,198
when support is installed on an intermittent basis, but only at 13,199
predetermined locations, such as at intersections, or when 13,200
equipment is especially designed to provide either natural or 13,201
artificial support as the coal is mined. Special roof control
plans also cover experimental installations using new devices, 13,202
materials, or methods for roof support. 13,203
(1) The following criteria apply to mining methods using 13,205
continuous miners with integral roof bolting equipment where roof 13,206
bolts are the sole means of roof support. 13,207
(a) The distance between roof bolts shall not exceed eight 13,209
feet crosswise, unless additional material such as wooden planks, 13,210
wooden beams, or metal straps are installed in conjunction with 13,211
the roof bolts. Roof bolts installed more than eight feet, but 13,212
less than nine feet apart shall be supplemented with a wooden 13,214
plank at least two inches thick by eight inches wide or its
equivalent. Roof bolts installed more than nine feet, but less 13,215
than ten feet apart shall be supplemented with a wooden plank at 13,216
297
least three inches thick by eight inches wide or its equivalent. 13,217
Roof bolts may not be installed more than ten feet apart. 13,219
(b) Work in intersections, pillar splits, or other such 13,221
places may not be started until additional support has been 13,223
installed where the roof is supported with only two roof bolts 13,225
crosswise. Such support shall reduce bolt spacing to a maximum 13,227
of five feet.
(c) The maximum opening width where the roof may be 13,229
supported by only two roof bolts crosswise is sixteen feet. 13,231
(d) The distance between the last row of bolts and the 13,233
face may not exceed the distance from the head of the machine to 13,235
the integral roof bolting equipment before starting a continuous 13,237
miner run.
(2) Before any new support materials, devices, or systems 13,239
are used as a sole means of roof support, their effectiveness 13,240
shall be demonstrated by experimental installations in areas 13,241
approved by the chief.
(G) The following criteria apply to temporary supports: 13,243
(1) The following criteria apply to the installation of 13,245
temporary supports in faces: 13,247
(a) In areas where permanent artificial support is 13,249
required temporary support shall be used until such permanent 13,251
support is installed.
(b) Only those persons engaged in installing temporary 13,253
support may be allowed to proceed beyond the last permanent 13,255
support until such temporary supports are installed. 13,257
(c) A minimum of two temporary supports shall be installed 13,259
on not more than five foot centers and within five feet of the 13,261
rib or face when work is being done between such support and the 13,263
nearest rib or face. At least four temporary supports shall be 13,265
installed on not more than five foot centers when work is being 13,267
done in other areas of the face inby the last permanent support. 13,268
No person may be permitted to proceed beyond temporary support in 13,270
any direction unless such support is within five feet of the rib 13,271
298
face or permanent support. 13,273
(2) During rehabilitation work such as rebolting, 13,275
installing crossbars, or other permanent roof support, taking 13,277
down loose roof, and cleaning up falls of roof, temporary roof 13,279
supports shall be installed and the following criteria shall 13,281
apply:
(a) Where rebolting work is beng BEING done or crossbars 13,283
are being installed, at least two rows of temporary supports on 13,286
not more than five foot centers shall be installed across the 13,288
place so that the work in progress is done between the installed 13,290
temporary supports and permanent roof supports installed in sound 13,291
roof. The distance between the permanent supports and the 13,292
nearest temporary supports may not exceed five feet. 13,294
(b) Tools used to take down loose material shall be of a 13,296
design that will enable workmen WORKERS to perform their duties 13,298
from a safe position without exposure to falling material. Where 13,301
loose material is being taken down, a minimum of two temporary 13,303
supports on centers of not more than five feet shall be set 13,304
between the workmen WORKERS and the material if such work cannot 13,305
be done from an area supported by permanent roof supports. 13,308
(c) Where roof falls have occurred, a minimum of four 13,310
temporary supports shall be set before starting any work in and 13,312
around the affected area. These supports shall be located so as 13,314
to provide the maximum protection for persons working in the 13,316
area.
(H) Any operator who intends to recover roof supports 13,318
shall include a detailed plan for such recovery in the roof 13,320
control plan. The following criteria apply to recovery 13,322
procedures:
(1) Recovery shall be done only under the direct 13,324
supervision of a general mine foreman FOREPERSON, mine foreman 13,326
FOREPERSON, or section foreman FOREPERSON. 13,327
(2) Except where circumstances preclude such assignment, 13,329
only experienced miners shall be assigned to such work. 13,331
299
(3) The person supervising recovery shall make a careful 13,333
examination and evaluation of the roof and designate each support 13,335
to be recovered. 13,336
(4) Supports may not be recovered in the following areas: 13,338
(a) Where roof fractures are present or there ar ARE other 13,340
indications of the roof being structurally weak; 13,342
(b) Where any second mining has been done; 13,344
(c) Where torque readings on roof bolts or visual 13,346
observations of conventional support indicate excessive loading. 13,348
(5) Two rows of temporary supports on not more than four 13,350
foot centers, lengthwise and crosswise, shall be set across the 13,352
place, beginning not more than four feet inby the support being 13,354
recovered. In addition, at least one temporary support shall be 13,356
provided as close as practicable to the support being recovered. 13,358
(6) Temporary supports used may not be recovered unless 13,360
recovery is done remotely from under roof where the permanent 13,362
supports have not been disturbed and two rows of temporary 13,364
support, set across the place on four foot centers, are 13,366
maintained at all times between the workmen WORKERS and the
unsupported area. 13,367
(7) No one may be permitted to enter any area from which 13,369
supports have been recovered. 13,371
(8) Entrances to the areas from which supports are being 13,373
recovered shall be marked with danger signs placed at conspicuous 13,375
locations. The danger signs will SHALL suffice as long as 13,377
further support recovery work is being done in the area. If the 13,379
recovery work is completed or suspended for three or more days, 13,380
the areas shall be barricaded. 13,381
(I) No person shall refuse or neglect to comply with this 13,383
section. 13,384
Sec. 1563.37. (A) The operator, in accordance with the 13,393
approved plan, shall provide at or near each working face and at 13,394
such other locations in the coal mines as the chief of the 13,395
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 13,396
300
may prescribe an ample supply of suitable materials of proper 13,397
size with which to secure the roof of all working places in a 13,398
safe manner. Safety posts, jacks, or other approved devices 13,399
shall be used to protect the workmen WORKERS when roof material 13,400
is being taken down, crossbars are being installed, roof bolt 13,401
holes are being drilled, roof bolts are being installed, and in 13,402
such other circumstances as may be appropriate. Loose roof and 13,403
overhanging or loose faces and ribs shall be taken down or
supported. Except in the case of recovery work, supports knocked 13,404
out shall be replaced promptly. 13,405
(B) The operator shall have an adequate supply of roof 13,407
support material (including temporary supports) as specified in 13,408
the approved roof control plan for the type of mining being 13,409
conducted as close as practical to the working face, but not 13,410
farther away than the first open crosscut outby the working face
unless storing of such supplies in this area poses a hazard to 13,411
the miner. In such cases supplies shall be stored at an 13,412
alternate location approved by an authorized representative of 13,414
the chief. Where mining equipment such as roof drilling machines 13,416
or timbering machines are required to install the supports, such 13,418
support material may be transported from place to place on the 13,419
equipment. An adequate supply shall be defined as sufficient 13,420
material including temporary supports, to support roof exposed by 13,422
one complete cycle of mining. An additional supply of 13,424
supplementary roof support materials, such as posts, jacks, 13,426
crossbars, or different length roof bolts, shall be located 13,427
within fifty feet of each working section in the event adverse 13,428
roof conditions, such as water coming from the roof, slips, 13,430
washouts, wants, OR roof cracks, are encountered. 13,431
(C) When installation of roof bolts is permitted, such 13,433
roof bolts shall be tested in accordance with the approved roof 13,435
control plan.
(D) The criteria which THAT may be required in the roof 13,437
control plan for testing installed roof bolts are set forth in 13,440
301
divisions (A)(2)(c)(ii) and (iii) of section 1563.35 of the 13,442
Revised Code.
(E) Roof bolts shall not be recovered where complete 13,444
extractions of pillars are attempted, where adjacent to clay 13,445
veins, or at the locations of other irregularities, whether 13,446
natural or otherwise, that induce abnormal hazards. Where roof 13,447
bolts recovery is permitted, it may be conducted only in
accordance with methods prescribed in the approved roof control 13,448
plan, and it shall be conducted by experienced miners, but only 13,450
where adequate temporary support is provided. 13,452
(F) To assure that miners are protected during roof bolt 13,454
recovery work, the operator shall conform with criteria set forth 13,456
in division (H) of section 1563.35 of the Revised Code. 13,458
(G) Where miners are exposed to danger from falls of roof, 13,460
face, and ribs, the operator shall examine and test the roof, 13,462
face, and ribs before any work or machine is started, and as 13,464
frequently thereafter as may be necessary to insure safety. When 13,466
dangerous conditions are found, they shall be corrected 13,467
immediately. 13,468
(H) No person shall refuse or neglect to comply with this 13,470
section. 13,471
Sec. 1563.40. The operator shall effectively close or 13,480
fence all openings to mines abandoned after June 3, 1941, so that 13,481
persons or animals cannot inadvertently enter therein. 13,482
Abandoned vertical shafts and other abandoned openings 13,485
leading to underground workings, which shafts and other openings 13,486
are abandoned after August 26, 1949, shall be closed within 13,487
ninety days after abandonment as follows:
(A) Vertical shafts shall be completely filled with earth 13,489
or other noncombustible material, or the top of such shaft shall 13,491
be covered with a substantial reinforced concrete slab, the 13,492
design of which has been approved by the chief of the division of 13,493
mines and reclamation MINERAL RESOURCES MANAGEMENT. 13,494
(B) Other openings not potentially usable in later mining 13,496
302
operations shall be closed with earth or masonry in a way which 13,497
THAT may reasonably be expected to prevent unauthorized persons 13,499
from entering the same. 13,500
No operator of a mine shall refuse or neglect to comply 13,502
with this section. 13,503
Sec. 1563.41. The operator of a mine, before sealing off 13,512
any abandoned workings, shall obtain the approval of the deputy 13,513
mine inspector and the chief of the division of mines and 13,514
reclamation MINERAL RESOURCES MANAGEMENT. The seals used in 13,517
sealing off such workings, when approved by the chief, shall be 13,518
constructed of not less than eighteen-inch concrete or masonry 13,519
bulkheads effectively anchored to the ceiling, ribs, and floor, 13,520
except where seals are used to seal abandoned individual panel or 13,521
room entries, they shall be constructed of concrete or masonry 13,522
bulkheads not less than six inches in thickness effectively 13,523
anchored to the ceiling, ribs, and floor in a manner approved by 13,524
the deputy mine inspector and the chief. All seals are to be 13,525
bled or drained of gas in a manner approved by the deputy mine 13,526
inspector and the chief.
No operator of a mine shall refuse or neglect to comply 13,528
with this section. 13,529
Sec. 1563.42. The operator of a mine, before the pillars 13,539
are drawn previous to the abandonment of any part of the mine, 13,540
shall have a correct map of such part of the mine made, showing 13,541
its area and workings to the day of the abandonment and the 13,542
pillars drawn previous to abandonment;, and file such map within 13,543
ninety days after the abandonment of such mine, in the office of 13,544
the county recorder of the county where such mine is located, and 13,545
with the chief of the division of mines and reclamation MINERAL 13,546
RESOURCES MANAGEMENT. Such map shall have attached the usual 13,548
certificate of the mining engineer making it, and the mine 13,549
foreman FOREPERSON in charge of the underground workings of the 13,550
mine, and such operator shall pay to the recorder for filing such 13,551
map, a fee of five dollars. 13,552
303
No operator of a mine shall refuse or neglect to comply 13,554
with this section. 13,555
Sec. 1563.43. The operator of a mine shall give notice to 13,565
the chief of the division of mines and reclamation MINERAL
RESOURCES MANAGEMENT when: 13,566
(A) A change occurs in the name of a mine, in the name of 13,568
the operator thereof, or in the officers of an incorporated 13,569
company owning or operating such mine; 13,570
(B) Work is commenced opening a new shaft, slope, or mine; 13,572
(C) A mine is abandoned, or the working thereof is 13,574
discontinued; 13,575
(D) The working of a mine is commenced, after an 13,577
abandonment or discontinuance thereof for a period of more than 13,578
three months; 13,579
(E) The pillars of a mine are about to be removed or 13,581
robbed; 13,582
(F) A squeeze, crush, or fire occurs, or a dangerous body 13,584
of gas is found, or any cause or change occurs that may seem to 13,585
affect the safety of persons employed therein. 13,586
No operator of a mine shall refuse or neglect to comply 13,588
with this section. 13,589
Sec. 1563.46. If the appliances of a mine for the safety 13,599
of the persons working therein do not conform to this chapter and 13,601
Chapters 1509., 1561., 1565., and 1567. of the Revised Code, or 13,603
if the owner, lessee, or agent disregards the requirements of 13,605
such chapters, on application by the chief of the division of 13,606
mines and reclamation MINERAL RESOURCES MANAGEMENT, in the name 13,607
of the state, any court of competent jurisdiction may enjoin or 13,610
restrain the owner, lessee, or agent from operating such mine, 13,611
until it conforms to such chapters. Such remedy shall be 13,612
cumulative, and shall not affect any other proceedings authorized 13,614
against the owner, lessee, or agent for the matter complained of 13,616
in the action. The attorney general shall represent the chief in 13,617
all actions under this section.
304
Sec. 1565.05. The operator of a mine shall keep on file a 13,627
copy of the certificate of each mine foreman FOREPERSON, foreman 13,628
FOREPERSON, and fire boss in his THE OPERATOR'S employ or under 13,630
his THE OPERATOR'S control. Such certificate shall be exhibited 13,631
to the chief of the division of mines and reclamation MINERAL 13,632
RESOURCES MANAGEMENT, or any deputy mine inspector, upon his 13,633
demand.
No operator of a mine shall refuse or neglect to comply 13,635
with this section.
Sec. 1565.06. (A) In emergencies arising at a mine 13,644
because of accident, death, illness, or any other cause, an 13,645
operator may appoint noncertificate men PERSONS as foremen 13,647
FOREPERSONS and fire bosses to act until certified foremen 13,648
FOREPERSONS and fire bosses satisfactory to him THE OPERATOR can 13,650
be secured. Such appointee may not serve in such capacity for a 13,652
period longer than six months or until such time thereafter as an 13,653
examination is held for such certified men PERSONS under section 13,654
1561.13 of the Revised Code. The employer of such noncertificate 13,656
man PERSON shall, upon appointment of such noncertificate man 13,657
PERSON in this capacity, forward the name of such noncertificate 13,658
man PERSON to the chief of the division of mines and reclamation 13,659
MINERAL RESOURCES MANAGEMENT.
(B) An operator may appoint as a temporary foreman 13,661
FOREPERSON or fire boss a noncertificate person who is within six 13,663
months of possessing the necessary actual practical experience to 13,664
qualify to take the examination for certification for the 13,665
position to which the person is temporarily appointed. Upon 13,666
appointment of a noncertificate person, the operator shall 13,667
forward the name, social security number, and brief summary of 13,668
the person's actual practical experience to the mine examining 13,669
board, and the board shall issue the person a temporary 13,670
certificate for the position to which the person has been 13,671
temporarily appointed. A temporary certificate issued under this 13,672
division is valid for six months or until such time thereafter as 13,673
305
an examination is held under section 1561.13 of the Revised Code 13,674
for the position to which the person has been temporarily 13,676
appointed.
(C) A person who possesses a valid certificate issued by 13,678
another state for a position for which the mine examining board 13,679
issues a certificate shall be eligible for a temporary 13,680
certificate from the board upon presentation to the board of a 13,681
copy of the certificate from that other state. A temporary 13,682
certificate issued under this division shall be valid for six 13,683
months. 13,684
No operator of a mine shall violate or fail to comply with 13,686
this section. 13,687
Sec. 1565.07. The superintendent in charge of a mine shall 13,696
direct the mine foreman FOREPERSON in such manner as is necessary 13,698
to secure compliance with this chapter and Chapters 1561., 1563., 13,699
AND 1567., and sections 1509.18 and 1509.19 of the Revised Code. 13,700
The superintendent may act as mine foreman FOREPERSON, but if he 13,702
THE SUPERINTENDENT does so act regularly, he THE SUPERINTENDENT 13,703
shall obtain a certificate from the mine examining board in the 13,705
same manner as the certification of mine foremen FOREPERSON is 13,706
obtained.
A person designated as a superintendent of an underground 13,708
coal mine after January 1, 1977, shall, within six months after 13,709
being so designated, demonstrate to the chief of the division of 13,711
mines and reclamation MINERAL RESOURCES MANAGEMENT that he THE 13,712
PERSON has knowledge of the mining laws of this state governing 13,715
the operation of underground coal mines either by presenting 13,716
evidence that he THE PERSON has passed a mine foreman FOREPERSON 13,717
examination given by the mine examining board or an examination 13,718
given by the chief concerning the laws of this state governing 13,720
the operation of underground coal mines. 13,722
No person shall refuse or neglect to comply with this 13,724
section. 13,725
Sec. 1565.08. If a person certified by the mine examining 13,735
306
board willfully PURPOSELY violates the mining laws, his THE 13,737
PERSON'S certificate may be revoked after investigation and a 13,739
hearing in accordance with sections 119.01 to 119.13 CHAPTER 119. 13,740
of the Revised Code, by the chief of the division of mines and 13,742
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 13,743
the mine examining board. 13,744
No person whose license, certificate, or similar authority 13,746
to perform any certifiable mining duties in another state is 13,747
suspended or revoked by that state shall be certified for an 13,748
equivalent mining certificate in this state during the period of 13,749
the suspension or revocation in the other state. 13,750
Sec. 1565.11. The miners employed in a mine may appoint 13,760
two of their number to act as a safety committee to inspect, not 13,761
more often than once each month, the mine and the machinery 13,762
connected therewith, and to measure the ventilating current. The 13,763
operator may accompany such committee, or appoint two or more
persons for that purpose. The operator shall afford every 13,764
necessary facility for making such inspection and measurement, 13,765
but the committee shall not interrupt or impede the work in the 13,766
mine, at the time of such inspection and measurement. After such 13,767
inspection and measurement, such committee shall forthwith make a 13,768
report thereof to the chief of the division of mines and
reclamation MINERAL RESOURCES MANAGEMENT, on a blank furnished by 13,770
him THE CHIEF.
No operator of a mine shall refuse or neglect to comply 13,772
with this section, and no such person shall violate this section. 13,773
Sec. 1565.12. When a loss of life is occasioned by 13,782
accident in any mine, the operator thereof shall forthwith give 13,783
notice thereof to the chief of the division of mines and 13,784
reclamation MINERAL RESOURCES MANAGEMENT, and to the deputy mine 13,786
inspector in charge of the district. Such notice shall be given 13,787
by telephone or telegraph. The operator of such mine shall, 13,788
within twenty-four hours after such accident causing loss of 13,789
life, send a written report of the accident to the chief. Such 13,790
307
written report shall specify the character and cause of said THE 13,791
accident, the names of the persons killed, and the nature of the
injuries which THAT caused death. In the case of injury 13,792
thereafter resulting in death, the operator shall send a written 13,794
notice thereof to the chief, and to the deputy mine inspector of 13,795
such district, at such time as such death comes to his THE 13,796
OPERATOR'S knowledge. 13,797
No operator of a mine shall refuse or neglect to comply 13,799
with this section. 13,800
Sec. 1565.15. (A) As used in this section: 13,809
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency 13,813
medical service organization" have the same meanings as in 13,814
section 4765.01 of the Revised Code.
(2) "First aid provider" includes an EMT-basic, an EMT-I, 13,818
a paramedic, or a supervisory employee at a surface coal mine who 13,819
has satisfied the training requirements established in division 13,820
(D)(1) of this section. 13,821
(B) The operator of an underground coal mine where twenty 13,823
or more persons are employed on a shift, including all persons 13,824
working at different locations at the mine within a ten-mile 13,825
radius, shall provide at least one EMT-basic or EMT-I on duty at 13,828
the underground coal mine whenever employees at the mine are
actively engaged in the extraction, production, or preparation of 13,829
coal. The operator shall provide EMTs-basic or EMTs-I on duty at 13,832
the underground coal mine at times and in numbers sufficient to 13,833
ensure that no miner works in a mine location that cannot be 13,834
reached within a reasonable time by an EMT-basic or an EMT-I. 13,835
EMTs-basic and EMTs-I shall be employed on their regular coal 13,837
mining duties at locations convenient for quick response to
emergencies in order to provide emergency medical services inside 13,839
the underground coal mine and transportation of injured or sick 13,841
employees to the entrance of the mine. The operator shall
provide for the services of at least one emergency medical 13,842
service organization to be available on call to reach the 13,843
308
entrance of the underground coal mine within thirty minutes at 13,844
any time that employees are engaged in the extraction, 13,846
production, or preparation of coal in order to provide emergency 13,847
medical services and transportation to a hospital. 13,848
The operator shall make available to EMTs-basic and EMTs-I 13,851
all of the equipment for first aid and emergency medical services 13,852
that is necessary for those personnel to function and to comply 13,853
with the regulations pertaining to first aid and emergency 13,854
medical services that are adopted under the "Federal Mine Safety 13,856
and Health Act of 1977," 91 Stat. 1290, 30 U.S.C.A. 801, and 13,857
amendments to it. The operator of the underground coal mine 13,858
shall install telephone service or equivalent facilities that 13,859
enable two-way voice communication between the EMTs-basic or 13,860
EMTs-I in the mine and the emergency medical service organization 13,861
outside the mine that provides emergency medical services on a 13,862
regular basis.
(C) The operator of a surface coal mine shall provide at 13,864
least one first aid provider on duty at the mine whenever 13,866
employees at the mine are actively engaged in the extraction, 13,867
production, or preparation of coal. The operator shall provide 13,868
first aid providers on duty at the surface coal mine at times and 13,870
in numbers sufficient to ensure that no miner works in a mine 13,871
location that cannot be reached within a reasonable time by a 13,872
first aid provider. First aid providers shall be employed on 13,873
their regular coal mining duties at locations convenient for 13,874
quick response to emergencies in order to provide emergency 13,875
medical services and transportation of injured or sick employees 13,876
to the entrance of the surface coal mine. The operator shall 13,878
provide for the services of at least one emergency medical 13,879
service organization to be available on call to reach the
entrance of the surface coal mine within thirty minutes at any 13,881
time that employees are engaged in the extraction, production, or 13,882
preparation of coal in order to provide emergency medical 13,884
services and transportation to a hospital.
309
The operator shall make available to first aid providers 13,886
all of the equipment for first aid and emergency medical services 13,887
that is necessary for those personnel to function and to comply 13,888
with the regulations pertaining to first aid and emergency 13,889
medical services that are adopted under the "Federal Mine Safety 13,891
and Health Act of 1977," 91 Stat. 1290, 30 U.S.C.A. 801, and 13,893
amendments to it, including, without limitation, a portable 13,894
oxygen cylinder with a medical regulator and oxygen delivery 13,895
system.
(D)(1) A supervisory employee at a surface coal mine shall 13,898
be considered to be a first aid provider for the purposes of this 13,899
section if the employee has received from an instructor approved 13,900
by the chief of the division of mines and reclamation MINERAL 13,901
RESOURCES MANAGEMENT ten hours of initial first aid training as a 13,903
selected supervisory employee under 30 C.F.R. 77.1703 and 13,904
receives five hours of refresher first aid training as a selected 13,905
supervisory employee under 30 C.F.R. 77.1705 in each subsequent 13,906
calendar year.
(2) Each miner employed at a surface coal mine who is not 13,908
a first aid provider shall receive from an instructor approved by 13,909
the chief three hours of initial first aid training and two hours 13,910
of refresher first aid training in each subsequent calendar year. 13,911
(3) The training received in accordance with division (D) 13,913
of this section shall consist of a course of instruction 13,914
established in the manual issued by the mine safety and health 13,915
administration in the united states UNITED STATES department of 13,917
labor entitled "First FIRST aid, A Bureau A BUREAU of Mines 13,919
Instruction Manual MINES INSTRUCTION MANUAL" or its successor or 13,921
any other curriculum approved by the chief. The training shall
be included in the hours of instruction provided to miners in 13,923
accordance with training requirements established under 30 C.F.R. 13,924
part 48, subpart (b)(B), as amended, and 30 C.F.R. part 77, as 13,925
amended.
(E) Each operator of a surface coal mine shall establish, 13,927
310
keep current, and make available for inspection an emergency 13,928
medical plan that includes the telephone numbers of the division 13,929
of mines and reclamation MINERAL RESOURCES MANAGEMENT and of an 13,930
emergency medical services organization the services of which are 13,932
required to be retained under division (C) of this section. The 13,933
chief shall adopt rules in accordance with Chapter 119. of the 13,934
Revised Code that establish any additional information required 13,935
to be included in an emergency medical plan. 13,937
(F) Each operator of an underground coal mine or surface 13,940
coal mine shall provide or contract to obtain emergency medical 13,941
services training or first aid training, as applicable, at the 13,942
operator's expense, that is sufficient to train and maintain the 13,944
certification of the number of employees necessary to comply with 13,945
division (B) of this section and that is sufficient to train 13,946
employees as required under division (D) of this section and to 13,947
comply with division (C) of this section.
(G) The division may provide emergency medical services 13,950
training for coal mine employees by operating an emergency
medical services training program accredited under section 13,951
4765.17 of the Revised Code or by contracting with the operator 13,952
of an emergency medical services training program accredited 13,953
under that section to provide that training. The division may 13,955
charge coal mine operators a uniform part of the unit cost per 13,956
trainee.
(H) No coal mine operator shall violate or fail to comply 13,959
with this section.
Sec. 1567.02. In the operation of mines, mine owners, 13,968
lessees, and their agents may continue to use the type of 13,970
appliance and machinery owned or operated in such mines on 13,971
September 2, 1941, in the manner permitted by the statutes in 13,972
force on June 3, 1941, and until the mine in which such
appliances or machinery are located is exhausted or abandoned; in 13,974
the use of such appliances or machinery, they shall comply with 13,975
the rules of the chief of the division of mines and reclamation 13,976
311
MINERAL RESOURCES MANAGEMENT. In gaseous mines, as parts of such 13,978
machinery or appliances become worn out and have to be replaced, 13,979
the chief or the deputy mine inspector shall order that such 13,981
replacement parts put the machinery or appliance in a condition 13,983
or state, as far as practicable, to meet the requirements of the 13,984
United States bureau of mines for permissible machinery or 13,985
appliances; in case any piece of machinery or appliance is worn
out and is not so connected with the use of other machinery and 13,986
appliances as to make it necessary to replace such worn-out piece 13,987
with the same type in order to continue the use of the connected 13,988
appliances and machinery, the machinery or appliance purchased 13,989
for such replacement shall be of a type made lawful under this 13,990
chapter and Chapters 1561., 1563., and 1565. of the Revised Code, 13,991
which in gaseous mines shall be of permissible or approved type. 13,993
The chief, in making such rules, shall incorporate therein the 13,994
statutes in force on June 3, 1941, governing the use of such 13,996
appliances and machinery. If in his THE CHIEF'S opinion such 13,997
statutes do not provide the required protection, additional rules 13,999
to cover such use shall be made by him THE CHIEF or by the deputy 14,000
mine inspector, with his THE CHIEF'S approval. The deputy mine 14,001
inspector and the electrical inspector shall, in their periodic 14,003
inspection of the mines, report on the condition of all machinery 14,004
and appliances to see that this section is being complied with. 14,006
Sec. 1567.08. The mine foreman FOREPERSON shall each day 14,015
enter plainly or have entered in ink, in a book provided for that 14,016
purpose, a report of the condition of the mine, which report 14,017
shall clearly state any danger that such mine foreman FOREPERSON 14,019
has observed during the day, or any danger reported to him THE 14,020
MINE FOREPERSON by his THE MINE FOREPERSON'S assistants, the fire 14,021
bosses, or the shot firers when employed. The report shall also 14,023
state whether or not there is a proper supply of material on hand 14,024
for the safe working of the mine, and whether or not the 14,025
requirements of the law are complied with. He THE MINE 14,026
FOREPERSON shall also, once each week, enter plainly or have
312
entered in ink, in said THE book, a true report of all air 14,028
measurements required by this chapter and Chapters 1561., 1563., 14,030
and 1565. of the Revised Code, designating the place, the area of 14,032
each break-through and entry separately, the velocity of the air 14,033
in each break-through and entry, and the number of men WORKERS 14,034
employed in each separate split of air, with the date when the 14,036
measurements were taken. Said THE book shall be kept in the mine 14,038
office at the mine, for examination by the deputy mine inspector, 14,039
and by any person working in the mine, in the presence of the 14,040
mine foreman FOREPERSON. The mine foreman FOREPERSON shall each 14,041
day personally sign and certify to all facts entered and recorded 14,042
in such book. 14,043
The mine foreman FOREPERSON shall each day read carefully 14,045
and personally sign in ink, and certify to such facts, all 14,046
reports entered in the record book of the fire bosses. 14,047
The record books shall be prescribed and supplied by the 14,049
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 14,050
and purchased by the operator. 14,051
No person shall refuse or neglect to comply with this 14,053
section. 14,054
Sec. 1567.09. The operator of a mine shall provide and 14,064
maintain the necessary artificial means of capacity and power 14,065
capable of supplying the required ventilation, and shall maintain 14,066
a sufficient volume of air, not less per minute than one hundred 14,067
fifty cubic feet for each person measured at the point in the 14,068
mine where distribution to the various working sections begins 14,069
and distributed to the working faces so as to expel or dilute and 14,070
render harmless, explosive, poisonous, and noxious gases. The 14,071
air shall be measured at the last entry break-through in each 14,072
working section to see that a sufficient volume of air, not less 14,073
than nine thousand cubic feet per minute, is being distributed at 14,074
such point;, provided that in gaseous mines the volume of air 14,075
maintained for each person shall be not less than two hundred 14,076
cubic feet per minute measured at the point in the mine where 14,077
313
distribution to the various working sections begins. 14,078
No more than sixty-five men WORKERS shall be permitted to 14,080
work on one continuous current of air or split of air except with 14,081
the written consent of the chief of the division of mines and 14,083
reclamation MINERAL RESOURCES MANAGEMENT, and in no case shall 14,084
the number of men WORKERS exceed ninety.
Air in which men WORKERS work or travel in mines shall be 14,086
improved when it contains less than nineteen and one-half per 14,088
cent oxygen, or more than one-half of one per cent carbon 14,089
dioxide, or is contaminated with noxious or poisonous gases. If 14,090
the air immediately returning from a split that ventilates any 14,091
group of active workings contains more than one per cent methane, 14,092
as determined with a permissible flame safety lamp, by air 14,093
analysis, or by other recognized means of accurate detection, the 14,094
ventilation shall be improved. If the air immediately returning 14,095
from such a split contains one and one-half per cent methane, the 14,096
employees shall be withdrawn from the mine or the portion of the 14,097
mine affected thereby, and all power shall be cut off from such 14,098
mine or portion of the mine until such dangerous condition has 14,099
been corrected. If the air immediately returning from such a 14,100
split contains one and one-half per cent or more of methane, but 14,101
not more than two per cent of methane, withdrawal of the 14,102
employees from such mine or portion of the mine and shutting off 14,103
all power from such mine or portion of the mine shall not be 14,104
required if all of the following requirements are met: 14,105
(A) The volume of air provided and maintained in such 14,107
split is equal to or in excess of eighteen thousand cubic feet of 14,108
air per minute; 14,109
(B) Only permissible electric equipment is used; 14,111
(C) The air does not pass over trolley or other bare power 14,113
wires; 14,114
(D) An official certified under this chapter and Chapters 14,116
1561., 1563., and 1565. of the Revised Code is continually 14,118
testing the gas content of the air during the mining operations 14,119
314
therein.
At working faces and other places where methane has 14,121
accumulated and is likely to attain an explosive mixture, 14,122
blasting shall not be done and the men WORKERS shall be removed 14,123
from such working faces or places until such condition has been 14,125
corrected.
When the methane content of air in face operations exceeds 14,127
one per cent at any point twelve or more inches from the roof, 14,128
face, or rib, as determined by a permissible methane detector, a 14,129
permissible flame safety lamp, or analysis, such condition shall 14,130
be corrected by improving the ventilation promptly. The electric 14,131
face equipment at such point shall be turned off and not turned 14,132
back on until the methane condition is corrected by improving the 14,133
ventilation. 14,134
In gaseous mines, air that has passed through abandoned 14,136
panel sections shall not be re-used to ventilate live workings. 14,137
Mines that cannot comply with this requirement at once may 14,138
continue to operate as at present for a reasonable length of time 14,139
until future mine development and ventilation can be changed to 14,140
permit compliance with this section. 14,141
No operator of a mine shall refuse or neglect to comply 14,143
with this section. 14,144
Sec. 1567.10. Every outside fan installed after September 14,154
2, 1941, at any coal mine shall be placed at least twenty feet 14,155
from the side or mouth of the shaft entry or slope with which it 14,156
is connected for ventilating purposes and shall be of fireproof 14,157
construction. Explosion doors shall be provided in a direct line 14,158
with the mine opening. 14,159
Upon the written order of the chief of the division of 14,161
mines and reclamation MINERAL RESOURCES MANAGEMENT, all main mine 14,163
fans installed after September 2, 1941, shall be so arranged that 14,164
the ventilating current can be quickly reversed. No fan shall be 14,165
reversed while men WORKERS are in the mine unless authority to do 14,167
so is given, preferably in writing, by the mine foreman 14,168
315
FOREPERSON, superintendent, state inspector, or other responsible 14,170
person. The fan shall be inspected at least daily.
Every main ventilating fan at nongaseous mines shall be 14,172
kept in operation continuously day and night, unless operations 14,173
are definitely suspended, except when written permission is given 14,174
by the inspector to stop it. The permission, or a copy thereof, 14,175
shall be posted by the mine foreman FOREPERSON in a conspicuous 14,176
place at the entrances of the mine, and shall state the 14,178
particular hours the fan may be stopped. The inspector may 14,179
withdraw or modify such permission at any time and in any manner 14,180
he THE INSPECTOR deems best. In all cases in which permission 14,182
has been given by the inspector to stop the ventilating fan, the 14,183
fan shall be started a sufficient length of time prior to the 14,184
appointed time for any person working therein to enter, to clear 14,185
the mine of explosive, poisonous, and noxious gases, and shall be 14,186
kept in operation a sufficient length of time after the appointed 14,187
time for such employees to leave their working places, for all 14,188
persons to be out of the mine.
Every main ventilating fan at gaseous mines shall be kept 14,190
in operation continuously day and night unless operations are 14,191
definitely suspended. Should it become necessary to stop the fan 14,192
at any mine, gaseous or nongaseous, because of an accident to 14,193
part of the machinery connected therewith, or by reason of any 14,194
other unavoidable cause, the mine foreman FOREPERSON or the 14,195
foreman FOREPERSON in charge shall, after first having provided 14,196
for the safety of the persons employed in the mine, order the 14,198
fans stopped for necessary repairs. Should the ventilating fans 14,199
be stopped at any time for any reason at any gaseous mine for a 14,200
period of time sufficient to cause a serious interruption of the 14,201
ventilation, the source of electric power shall be forthwith 14,202
disconnected from the mine, and the source of electric power 14,203
shall not be reconnected with the mine until the fans have been 14,204
started, and the mine has been examined by the mine foreman 14,205
FOREPERSON, foreman FOREPERSON, or fire boss, and reported safe. 14,206
316
A record of such examination shall be entered in the fire boss 14,208
record book. The person in charge of the mine at the time of the 14,209
examination is responsible for the execution of this latter 14,210
provision.
No operator of a mine shall refuse or neglect to comply 14,212
with this section. 14,213
Sec. 1567.11. Booster and blower fans may be installed 14,222
only with the approval of the chief of the division of mines and 14,223
reclamation MINERAL RESOURCES MANAGEMENT, following the 14,224
submission by the owner, lessee, or agent of a definite plan of 14,225
ventilation in which it is proposed to use such fans and the 14,226
reason therefor.
No operator of a mine shall refuse or neglect to comply 14,228
with this section.
Sec. 1567.13. The mine foreman FOREPERSON shall see that 14,237
careful watch is kept over the ventilating apparatus and airways, 14,239
and that the volume of the ventilating current is measured at 14,240
least once each week at the inlet and outlet, at or near the face 14,241
of all entries, and at that point in the mine where distribution 14,242
to the various working sections begins. Such measurements shall 14,243
be noted in duplicate on blanks furnished by the division of 14,245
mines and reclamation MINERAL RESOURCES MANAGEMENT. On the first 14,246
day of each month, the mine foreman FOREPERSON shall forward such 14,248
blanks with his THE MINE FOREPERSON'S signature thereon to the 14,249
deputy mine inspector in the district in which the mine is 14,250
located, and such blanks shall be properly filled in with the 14,251
actual measurements so taken as prescribed in this section. On 14,252
all examinations which THAT the mine foreman FOREPERSON makes of 14,253
the old workings, he THE MINE FOREPERSON shall mark on a 14,256
conspicuous place with chalk his THE MINE FOREPERSON'S initials 14,257
and the date of the month of such examination. 14,258
No person shall refuse or neglect to comply with this 14,260
SECTION.
Sec. 1567.17. Where direct current is used underground in 14,270
317
mines, the following rules shall govern: 14,271
(A) In determining the voltage limit the difference in 14,273
potential shall not exceed three hundred twenty-five volts 14,274
measured by a meter at the nearest switchboard except with the 14,275
written approval of the chief of the division of mines and 14,276
reclamation MINERAL RESOURCES MANAGEMENT. 14,277
(B) For the protection of circuits, a switch and circuit 14,279
breaker shall be installed in the ungrounded side of the circuit, 14,280
but may be omitted from the return side. Fuses may be 14,281
substituted for circuit breakers transmitting twenty-five 14,282
kilowatts or less. Each circuit leading in the underground 14,283
workings of such mine shall be provided with a suitable ammeter. 14,284
Additional switches shall be installed in the ungrounded side of 14,285
all branch circuits. 14,286
(C) One side of grounded circuits shall be very 14,288
efficiently insulated from the earth. 14,289
(D) All trolley and feed wires shall be placed on the 14,291
opposite side of the track from refuge holes or necks of room. 14,292
All lines except telephone, shot firing, and signal lines shall 14,293
be on the same side as the trolley lines. 14,294
(E) All terminal ends of feed and trolley wires shall be 14,296
guarded to prevent persons FROM inadvertently coming in contact 14,297
with them. 14,298
(F) No locomotive shall be operated by means of a person 14,300
holding and sliding upon, or frequently making contact with, the 14,301
positive wire with any device attached to the cable as a 14,302
substitute for a trolley, except to move a locomotive out of 14,303
traffic because of a broken trolley pole or fixtures attached 14,304
thereto. This does not prohibit the operation of a locomotive by 14,305
means of a cable without the use of the trolley, if the 14,306
connection with and disconnection from the positive wire is made 14,307
when the locomotive is not in motion. 14,308
(G) Inside the mine the trolley wire shall be installed 14,310
parallel to the gauge line of the rail and as far away as 14,311
318
practical, and in no place closer than six inches from the gauge 14,312
line, except where written permission is given by the chief. The 14,313
trolley wire shall be securely supported on hangers efficiently 14,315
insulated. Such hangers shall be placed at intervals of not 14,316
exceeding thirty feet and at less intervals if it is necessary to 14,317
prevent the sag between points of support exceeding three inches. 14,318
Hangers installed after September 2, 1941, shall be of sufficient 14,319
height to place the trolley wire within six inches of the roof or 14,320
cross timbers at the point of trolley wire support, except where 14,321
the trolley wire may be above the top of the normal seam or draw 14,322
slate taken with the seam or six feet six inches from the top of 14,323
the rail.
(H) In underground workings all feed wires shall be in 14,325
places either above the trolley wire on the same hangers, between 14,326
trolley wire and rib, or on the rib as close to the roof as 14,327
practicable, and securely supported on hangers sufficiently 14,328
insulated, not more than fifty feet apart. If feed wires are 14,329
installed in entries which THAT are not equipped with trolleys, 14,330
they are to be installed as close to the rib as practicable. 14,332
(I) Recharging stations for battery locomotives located 14,334
inside a mine shall be adequately ventilated at all times. All 14,335
charging panels shall be equipped with automatic overload circuit 14,336
breakers and ammeters. All refuse or movable material of an 14,337
inflammable nature shall be kept out of such stations. 14,338
(J) All trolley and positive feed wires crossing places 14,340
where persons or animals are required to travel shall be safely 14,341
guarded or protected from such persons or animals coming in 14,342
contact with such wires, except where such wires are above the 14,343
top of normal seam or draw slate taken with the seam, or six feet 14,344
six inches from the top of the rail. 14,345
(K) No trolley wire shall be extended into or maintained 14,347
in any room while being used as a working place; no trolley or 14,348
feed wire shall be extended into any entry beyond the outside 14,349
corner of the last break-through, except in case of systems of 14,350
319
mining or equipment approved by the chief. 14,351
(L) When necessary to carry bare wires down shafts or 14,353
slopes used as traveling ways, the wires must SHALL be thoroughly 14,355
protected so that persons cannot inadvertently come in contact 14,356
with them. 14,357
(M) When positive machine feed wires are extended into 14,359
rooms, they shall be placed not nearer than four feet from the 14,360
rail where the room is of sufficient width, and shall only be 14,361
connected to the positive wire on the entry while in actual use. 14,362
The wire used for making such connections shall be of sufficient 14,363
length to reach across the entry, and when the same is 14,364
disconnected, it shall be removed from the entry or be kept with 14,365
the machine. No electric wires shall be extended into any room 14,366
unless a one hundred fifty foot trailing cable will not reach the 14,367
face of the room, and then not beyond the outside corner of the 14,368
last break-through, except in the case of systems of mining and 14,369
equipment approved by the chief. Means shall be provided by 14,370
which machine runners may readily install the machine cable 14,371
across the entry so as to render it free from ground, and so the 14,372
cable will not come in contact with persons or animals required 14,373
to travel such entry. 14,374
(N) Any track or rail that is used as a return circuit 14,376
shall be properly bonded. When metallic pipe lines PIPELINES 14,377
parallel a rail or track used for return, the pipe may be bonded 14,379
to the rail at both ends to avoid electrolysis, and if the pipe 14,380
line PIPELINE is of unusual length, intermediate bonds should 14,382
SHALL be installed. No pipe line PIPELINE or any part thereof 14,384
shall be used exclusively as the return. In a section of a mine 14,385
where electric detonators or electric squibs are used, metallic 14,386
pipe-line PIPELINE rails and return lines in that section shall 14,388
be bonded together.
(O) All lighting circuits of a mine, whether underground 14,390
or outside, shall be installed in such a manner that they will 14,391
not be a fire hazard or will not endanger persons coming in 14,392
320
contact therewith. 14,393
No operator of a mine shall refuse or neglect to comply 14,395
with this section. 14,396
Sec. 1567.18. When alternating current is used underground 14,406
in mine MINES, the following rules apply: 14,407
(A) On all low voltage circuits all wires shall be 14,409
protected by a switch and an automatic overload circuit breaker 14,410
on each wire of the circuit, except that fuses may be substituted 14,411
for circuit breakers in THE case of lighting circuits and in the 14,412
case of power circuits transmitting twenty-five kilowatts or 14,413
less. All wires shall be insulated with a standard insulation 14,414
and shall be placed between trolley wire and rib or on the rib as 14,415
close to the roof as practicable and securely supported upon 14,416
hangers efficiently insulated. Additional switches shall be 14,417
installed in all branch circuits. All points of connection shall 14,418
be properly protected so that persons cannot inadvertently come 14,419
in contact therewith. No voltage in excess of two hundred sixty 14,420
volts measured at the nearest switchboard shall be used in mobile 14,421
machinery except with the written approval of the chief of the 14,422
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 14,423
(B) When high voltage circuits are used, all wires shall 14,425
be provided with a suitable ammeter and protected by an oil-break 14,426
switch on each wire of the circuit, such switch to be equipped 14,427
with an automatic overload trip. All wires shall be insulated 14,428
with a standard insulation at least fifty per cent higher than 14,429
the standard for the commercial rated voltage between conductors 14,430
and ground and installed in conduit or be lead covered with an 14,431
additional covering of steel armor wire or steel tape, and all 14,432
wire shall be subject to carrying capacity according to the rules 14,433
of the national board of fire underwriters. This cable may be 14,434
installed either in or on the bottom or in the location 14,435
prescribed for direct current feed lines, except no further 14,436
insulation shall be required than specified in this section. 14,437
(C) No voltage in excess of eight thousand volts between 14,439
321
conductor and ground may be used to operate semipermanent and 14,440
permanent machinery except with the written approval of the 14,441
chief. All installations shall be made in accordance with the 14,443
accepted electrical standards and practices, especially with 14,444
regard to protective switches, insulation materials, clearance 14,445
danger signs, and gates. The location, ventilation, and 14,446
protection against fire hazard and personal injury shall be 14,447
subject to the approval of the chief.
(D) The division of mines and reclamation MINERAL 14,449
RESOURCES MANAGEMENT shall accept standard electrical practices 14,451
in regard to the underground electrical installations and 14,452
operation of alternating current equipment, but may augment the 14,453
same to provide additional safeguards. When exercising this
authority, the division shall give due consideration to the 14,454
safety experience in regard to similar installations and the 14,455
similar operation thereof under similar conditions. 14,456
(E) The mine foreman FOREPERSON shall have posted at the 14,458
mine opening, and in all permanent substations therein, a copy of 14,459
instructions as to the method of resuscitation of persons 14,460
suffering from electric shock. All persons working about such 14,461
stations, or with electric machines, shall familiarize themselves 14,462
with such rules. 14,463
No operator of a mine shall refuse or neglect to comply 14,465
with this section. 14,466
Sec. 1567.19. At all stripping mines where alternating 14,476
current is used to operate shovels or to convert alternating 14,477
current to direct current, and where the machines used for this 14,478
purpose are installed on the shovel or building attached thereto, 14,479
or where armored cables are used to conduct the current from the 14,480
main transmission line to said THE shovel, all machines and
armored cables so installed or used must SHALL be grounded in a 14,482
manner approved by the chief of the division of mines and 14,484
reclamation MINERAL RESOURCES MANAGEMENT.
No owner, lessee, agent, or operator of a mine shall 14,486
322
violate this section.
Sec. 1567.23. No employee, workman WORKER, or miner shall 14,495
have in his THE EMPLOYEE'S, WORKER'S, OR MINER'S possession 14,497
inside of an underground mine more than one twenty-five pound keg 14,499
or box of blasting powder or other explosives. Every person who 14,500
has powder or other explosives in an underground mine shall keep 14,501
the same in a wooden box suitable to contain the original 14,502
container of such explosive. Such box shall be kept at all times 14,503
at least twenty-five feet from the track and electric wire, no 14,504
two of such boxes shall be kept within twenty-five feet of each 14,505
other, nor shall blasting powder and high explosives be kept in 14,506
the same box, and in no case shall detonating caps be kept in a 14,507
box with blasting powder or high explosives. 14,508
Where systems of mining are such that it is impracticable 14,510
to comply with the provisions of the first paragraph of this 14,511
section, such provisions THOSE REQUIREMENTS may be modified in 14,512
writing by the chief of the division of mines and reclamation 14,514
MINERAL RESOURCES MANAGEMENT, upon the request of the owner, 14,516
lessee, or agent of such mine. No operator shall maintain or 14,517
have a magazine for the storage of blasting powder or high 14,518
explosives, including detonating caps, in the underground 14,519
workings of any mine, except with the written permission of the 14,520
chief.
No employee or operator of a mine shall refuse or neglect 14,522
to comply with this section. 14,523
Sec. 1567.34. The owner, lessee, or agent of any mine 14,532
shall not order or permit solid shooting in a mine unless he THE 14,533
OWNER, LESSEE, OR AGENT has obtained written permission to do so 14,535
from the chief of the division of mines and reclamation MINERAL 14,536
RESOURCES MANAGEMENT, who may issue such permit when in his THE 14,538
CHIEF'S judgment such solid shooting is necessary for the just 14,539
and reasonably profitable operation of such mine. 14,540
No owner, lessee, agent, or operator of a mine shall 14,542
violate this section.
323
Sec. 1567.35. No gasoline, naphtha, kerosene, fuel oil, or 14,551
gas engine shall be used in a mine, except for operating pumping 14,552
machinery where electric, compressed air, or steam power is not 14,553
available or cannot be transmitted to the pump, in which case the 14,554
owner, lessee, or agent shall observe the following: 14,555
(A) Notice shall be given to the chief of the division of 14,557
mines and reclamation MINERAL RESOURCES MANAGEMENT, before 14,558
installing, and the installation and operation shall be subject 14,560
to the chief's approval. 14,561
(B) No wood or inflammable material shall be permitted 14,563
within twenty-five feet of the engine. 14,564
(C) The supply tank from which the gasoline, naphtha, 14,566
kerosene, or fuel oil is fed to the engine, shall be of metal, 14,567
with a suitable screw cap opening, fitted with a gasket, so as to 14,568
make the tank airtight and prevent the escape of gas into the 14,569
atmosphere, and the tank kept free from leaks.
(D) The gasoline, naphtha, kerosene, or fuel oil shall be 14,571
fed from a tank to the carburetor or mixer by metal tubes 14,572
securely connected so as to reduce the possibility of leaks to a 14,573
minimum.
(E) The exhaust from the engine shall be conducted by 14,575
means of metal pipes into the return air current, so that the 14,576
combustion fumes will not enter the workings of the mine where 14,577
the men WORKER'S are required to work, or be conducted in an 14,578
upcast shaft or slope not used as a means of ingress or egress or 14,579
through metal pipes to the surface. 14,580
(F) At no time shall more than five gallons of such 14,582
gasoline, naphtha, kerosene, or fuel oil be taken into the mine, 14,583
including that in the supply tank. 14,584
(G) No gasoline, naphtha, kerosene, or fuel oil shall be 14,586
taken into the mine except in metallic cans, with a screw cap 14,587
opening at the top, fitted with a suitable gasket. 14,588
(H) No package, can, or supply tank of an engine, 14,590
containing gasoline, naphtha, kerosene, or fuel oil, shall be 14,591
324
opened until ready to make the transfer from the package or can 14,592
to the supply tank, and in transferring, a funnel shall be used 14,593
so as to avoid spilling the gasoline, naphtha, kerosene, or fuel 14,594
oil, and the cap on the supply tank shall be immediately closed.
(I) In no case shall the package, can, or supply tank be 14,596
opened when an open light or other thing containing fire is 14,597
within twenty-five feet of the same, provided that subject to the 14,598
approval of the chief, the restrictions in the use of fuel oil in 14,599
a mine shall not apply to mobile or portable machinery, if such 14,600
mobile or portable machinery is used in a clay, limestone, shale,
or any other mine not a coal mine. 14,601
No owner, lessee, agent, or operator of a mine shall 14,603
violate this section.
Sec. 1567.39. The operator of an underground coal mine, at 14,612
which locomotives are used for hauling coal, shall keep a light 14,613
on the front end of the locomotive when it is in use. When the 14,614
locomotive is run ahead of the trip, and the trip rider is not 14,615
required to ride the rear car of the trip, a signal, light, or 14,616
marker, approved by the deputy mine inspector, shall be carried 14,617
on the rear end of the trip to indicate when the trip has passed. 14,618
Cars shall not be pushed ahead of the locomotive where it can be 14,619
avoided. When cars are run ahead of the locomotive, a light 14,620
shall be carried on the front end of the trip, and the cars shall 14,621
not be moved at a speed greater than four miles per hour. When 14,622
rope haulage is used, an enclosed light shall be carried on the 14,623
front end of each train so hauled. 14,624
A trip light, reflectors, or other devices approved by the 14,626
chief of the division of mines and reclamation MINERAL RESOURCES 14,627
MANAGEMENT shall be used on the rear of trips pulled and on the 14,630
front of trips pushed or lowered in slopes. However, trip lights 14,631
or other approved devices need not be used on cars being shifted 14,632
to and from loading machines, on cars being handled at loading 14,633
heads, during gathering operations at working faces, when 14,634
trailing locomotives are used, or on trips pulled by animals. 14,635
325
Cars on main haulage roads shall not be pushed, except where 14,636
necessary to push cars from side tracks located near the working 14,637
section to the producing entries and rooms, where necessary to 14,638
clear switches and sidetracks, and on the approach to cages, 14,639
slopes, and surface inclines. Warning lights or reflective signs 14,640
or tapes shall be installed along haulage roads at locations of 14,641
abrupt or sudden changes in the overhead clearance. 14,642
No person, other than the motorman LOCOMOTIVE OPERATOR and 14,644
brakeman BRAKEPERSON, shall ride on a locomotive unless 14,646
authorized by the mine foreman FOREPERSON, and then only when 14,647
safe riding facilities are provided.
Positive-acting stopblocks or derails shall be used where 14,649
necessary to protect persons from danger of runaway haulage 14,650
equipment. The operator of all self-propelled equipment 14,651
including off-track equipment shall give an audible warning 14,652
wherever persons may be endangered by the movement of the 14,653
equipment. Locomotives and personnel carriers shall not approach 14,654
within three hundred feet of preceding haulage equipment, except 14,655
trailing locomotives that are an integral part of the trip. A 14,656
total of at least thirty-six inches of unobstructed side 14,657
clearance (both sides combined) shall be provided for all 14,658
rubber-tired haulage equipment where such equipment is used. 14,659
Off-track haulage roadways shall be maintained as free as 14,660
practicable from bottom irregularities, debris, and wet or muddy 14,661
conditions that affect the control of the equipment. Operators 14,662
of self-propelled equipment shall face in the direction of 14,663
travel. Mechanical steering and control devices shall be 14,664
maintained so as to provide positive control at all times. All 14,665
self-propelled, rubber-tired haulage equipment shall be equipped 14,666
with well maintained brakes, lights, and a warning device. On 14,667
and after January 1, 1977, all tram control switches on 14,668
rubber-tired equipment shall be designed to provide automatic 14,669
return to the stop or off position when released. 14,670
No operator of a mine shall refuse or neglect to comply 14,672
326
with this section. 14,673
Sec. 1567.45. (A) When more than the lawful number of 14,682
persons get on a cage or elevator to be lowered into a mine, or 14,683
to be hoisted out of a mine, the person in charge of the lowering 14,684
or hoisting of such persons shall order a sufficient number to 14,685
get off such cage or elevator to comply with section 1567.49 of 14,686
the Revised Code, and shall not lower or raise the cage until 14,687
such order is complied with.
(B) Every hoist used to transport persons at a coal mine 14,689
shall be equipped with overspeed, overwind, and automatic stop 14,690
controls. Every hoist-handling platform, cage, or other device 14,691
used to transport persons shall be equipped with brakes capable 14,692
of stopping the fully loaded platform, cage, or other device; 14,693
with hoisting cable adequately strong to sustain the fully loaded
platform, cage, or other device; and have a proper margin of 14,694
safety. Cages, platforms, or other devices which THAT are used 14,695
to transport persons in shafts and slopes shall be equipped with 14,697
safety catches or other no less effective devices approved by the 14,698
chief of the division of mines and reclamation MINERAL RESOURCES 14,699
MANAGEMENT that act quickly and effectively in an emergency, and 14,701
such catches shall be tested at least once every two months. 14,702
Hoisting equipment, including automatic elevators, that is used 14,703
to transport persons shall be examined daily. Where persons are
transported into or out of a coal mine by hoists, a qualified 14,704
hoisting engineer shall be on duty while any person is 14,705
underground, except that no such engineer is necessary for 14,706
automatically operated cages, platforms, or elevators. Brakes on 14,707
hoists used to transport persons shall be capable of stopping and 14,708
holding the fully loaded platform, cage, or other device at any
point in the shaft, slope, or incline. 14,709
(C) All hoisting equipment at a mine, including automatic 14,711
elevators, safety catches, and other devices approved by the 14,712
chief, shall be examined daily, and the examination shall 14,713
include, but not be limited to, the following: 14,714
327
(1) A visual examination of the rope for wear, broken 14,716
wires, and corrosion, especially at excessive strain points, such 14,717
as near the attachments, where the rope rests on the sheaves and 14,718
where the rope leaves the drum at both ends;
(2) An examination of the rope fastenings for defects; 14,720
(3) An examination of safety catches; 14,722
(4) An examination of the cage, platforms, elevators, or 14,724
other devices for loose, missing, or defective parts; 14,725
(5) An examination of the head sheaves to check for broken 14,727
flanges, defective bearings, rope alignment, and proper 14,728
lubrication;
(6) An observation of the lining and all other equipment 14,730
and appurtenances installed in the shaft. 14,731
A log or record of each daily examination of hoisting 14,733
equipment shall be kept, listing each item examined. Each daily 14,734
entry shall be signed by the person or persons making the 14,735
examination. The reports of the examinations shall be read and 14,736
countersigned by a responsible company official daily.
(D) Hoists shall have rated capacities consistent with the 14,738
loads handled and the recommended safety factors of the ropes 14,739
used. An accurate and reliable indicator of the position of the 14,740
cage, platform, skip, bucket, or cars shall be provided, and 14,741
shall be placed so that it is in clear view of the hoisting
engineer and shall be checked daily to determine its accuracy. 14,742
The American national standards institute "specifications for the 14,743
use of wire ropes for mines," M11.1-1960, or the latest revision 14,744
thereof, shall be used as a guide in the use, selection, 14,745
installation, and maintenance of wire ropes used for hoisting. 14,746
Alterations or changes in a hoist which THAT affect the rated 14,747
capacity shall be made only with the approval of the chief.
(E) There shall be at least two effective methods approved 14,749
by the chief of signaling between each of the shaft stations and 14,750
the hoist room, one of which shall be a telephone or speaking 14,751
tube. One of the methods used to communicate between shaft 14,752
328
stations and the hoist room shall give signals which THAT can be 14,753
heard by the hoisting engineer at all times while men WORKERS are 14,754
underground. Signaling systems used for communication between 14,755
shaft stations and the hoist room shall be tested daily. Other 14,756
safeguards adequate, in the judgment of the chief or a deputy 14,757
mine inspector, to minimize hazards with respect to
transportation of men WORKERS and materials shall be provided. 14,758
Divisions (E)(1), (2), and (3) of this section set forth the 14,760
criteria by which the chief or a deputy mine inspector shall be 14,761
guided in requiring other safeguards on a mine-by-mine basis. 14,762
The chief or deputy mine inspector shall notify the operator in 14,763
writing of any additional specific safeguard he THE CHIEF OR 14,764
DEPUTY MINE INSPECTOR requires and shall fix a time in which the
operator shall comply. If the safeguard is not provided within 14,766
the time fixed and if it is not maintained thereafter, a notice 14,767
of violation shall be issued to the operator.
(1) Hoists and elevators used to transport materials shall 14,769
be equipped with brakes capable of stopping and holding the fully 14,770
loaded platform, cage, skip, car, or other device at any point in 14,771
the shaft, slope, or incline.
(2) The clutch of a free-drum on a manhoist WORKER HOIST 14,773
shall be provided with a locking mechanism or interlocked with 14,775
the brake to prevent the accidental withdrawal of the clutch. 14,776
The hoist rope attached to a cage, man WORKER car, or trip shall 14,777
be equipped with two bridle chains or cables connected securely 14,778
to the rope at least three feet above the attaching device and to 14,779
the cross-piece of the cage, man WORKER car, or trip. The hoist 14,781
rope shall have at least three full turns on the drum when 14,783
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 14,784
in the case of a free drum, and be fastened securely. Cages used 14,785
for hoisting men WORKERS shall be constructed with the sides 14,787
enclosed to a height of at least six feet and shall have gates, 14,789
safety chains, or bars across the ends of the cage when men 14,790
329
WORKERS are being hoisted or lowered. Self-dumping cages,
platforms, or other devices used for transportation of men 14,792
WORKERS shall have a locking device to prevent tilting when men 14,794
WORKERS are transported thereon. An attendant shall be on duty 14,795
at the surface when men WORKERS are being hoisted or lowered at 14,796
the beginning and end of each operating shift. Precautions shall 14,799
be taken to protect persons working in shaft sumps. Workmen 14,800
WORKERS shall wear safety belts while doing work in or over 14,801
shafts. 14,802
(3) The doors of automatic elevators shall be equipped 14,804
with interlocking switches so arranged that the elevator car will 14,805
be immovable while any door is opened or unlocked, and arranged 14,807
so that such door or doors cannot be inadvertently opened when 14,808
the elevator car is not at a landing. A "stop" switch shall be 14,809
provided in the automatic elevator compartment that will permit 14,810
the elevator to be stopped at any location in the shaft. A slack
cable device shall be used where appropriate on automatic 14,811
elevators which THAT will automatically shut off the power and 14,813
apply the brakes in the event the elevator is obstructed while 14,814
descending. Each automatic elevator shall be provided with a 14,815
telephone or other effective communication system by which aid or 14,816
assistance can be obtained promptly.
No person shall refuse or neglect to comply with this 14,818
section.
Sec. 1567.52. The management of any mine may, with the 14,828
consent of the deputy mine inspector, add to the code of signals 14,829
to increase its efficiency, or to promote the safety of the men 14,830
WORKERS in such mine, but whatever code is established and in use 14,832
at any mine must SHALL be approved by the division of mines and 14,833
reclamation MINERAL RESOURCES MANAGEMENT, and conspicuously 14,835
posted at the top, at the bottom, and in the engine room, for the 14,836
information and instruction of all persons concerned.
No operator of a mine shall refuse or neglect to comply 14,838
with this section.
330
Sec. 1567.54. At each mine at which the only means of 14,847
egress is by vertical shaft, the operator shall provide adequate 14,848
fire protection to secure the safety of such shaft, and, when but 14,849
one shaft is the only available means of egress, shall keep in 14,850
attendance a competent person when persons are inside of such 14,851
mine. 14,852
Each underground coal mine shall be provided with suitable 14,854
firefighting equipment adapted for the size and conditions of the 14,856
mine. The chief of the division of mines and reclamation MINERAL 14,857
RESOURCES MANAGEMENT shall adopt and may amend or rescind rules 14,858
establishing minimum requirements for the type, quality, and 14,859
quantity of such equipment. The rules shall include the 14,860
following minimum firefighting equipment at each underground coal 14,861
mine, regardless of its size or condition, except where 14,862
indicated: waterlines shall be capable of delivering fifty 14,863
gallons of water a minute at a nozzle pressure of fifty pounds 14,864
per square inch. A portable water car shall be of at least one 14,865
thousand gallon capacity and shall have at least three hundred
feet of fire hose with nozzles. A portable water car shall be 14,866
capable of providing a flow through the hose of fifty gallons of 14,868
water per minute at a nozzle pressure of fifty pounds per square 14,869
inch. A portable chemical car shall carry enough chemicals to 14,870
provide a fire extinguishing capacity equivalent to that of a 14,871
portable water car. A portable foam-generating machine or device 14,873
shall have facilities and equipment for supplying the machine 14,874
with thirty gallons of water per minute at thirty pounds per 14,875
square inch for a period of thirty-five minutes. A portable fire 14,876
extinguisher shall be either a multipurpose dry chemical type 14,877
containing a nominal weight of five pounds of dry powder and 14,878
enough expellant to apply the powder or a foam-producing type 14,879
containing at least two and one-half gallons of foam-producing 14,880
liquids and enough expellant to supply the foam. Only fire 14,881
extinguishers approved by the Underwriters Laboratories 14,882
UNDERWRITERS LABORATORIES, Incorporated INCORPORATED, or Factory 14,883
331
Mutual Research Corporation FACTORY MUTUAL RESEARCH CORPORATION, 14,884
carrying appropriate labels as to type and purpose, shall be 14,886
used. After January 1, 1977, all new portable fire extinguishers 14,887
acquired for use in a coal mine shall have a 2A 10 BC or higher 14,888
rating.
Fire hose shall be lined with a materiel MATERIAL having 14,890
flame resistant qualities meeting requirements for hose in Bureau 14,892
of Mines' Schedule 2G. The cover shall be polyester, or other 14,893
material with flame-spread qualities and mildew resistance equal 14,894
or superior to polyester. The bursting pressure shall be at 14,895
least four times the water pressure at the valve to the hose 14,896
inlet with the valve closed; the maximum water pressure in the 14,897
hose nozzle shall not exceed one hundred pounds per square inch, 14,898
gauge. However, fire hose installed for use in underground coal 14,899
mines prior to December 30, 1970, shall be mildew-proof and have 14,900
a bursting pressure at least four times the water pressure at the 14,902
valve to the hose inlet with the valve closed, and the maximum 14,903
water pressure in the hose nozzle with water flowing shall not 14,904
exceed one hundred pounds per square inch, gauge.
Each working section of an underground coal mine producing 14,906
three hundred tons or more per shift shall be provided with two 14,907
portable fire extinguishers and two hundred forty pounds of rock 14,908
dust in bags or other suitable containers; waterlines shall 14,909
extend to each section loading point and be equipped with enough 14,910
fire hose to reach each working face unless the section loading 14,911
point is provided with two portable water cars, or two portable 14,912
chemical cars, or one portable water or chemical car and either a 14,914
portable foam-generating machine or a portable high-pressure
rock-dusting machine fitted with at least two hundred fifty feet 14,915
of hose and supplied with at least sixty sacks of rock dust. 14,916
Each working section of an underground coal mine producing 14,918
less than three hundred tons of coal per shift shall be provided 14,919
with two portable fire extinguishers, one hundred forty pounds of 14,920
rock dust in bags or other suitable containers, and at least five 14,922
332
hundred gallons of water and at least three pails of ten quart 14,923
capacity. In lieu of the five hundred gallon water supply a 14,924
water-line WATERLINE of sufficient hose to reach the working
places, a portable water car of at least five hundred gallon 14,925
capacity, or a portable, all-purpose dry powder chemical car of 14,926
at least one hundred twenty-five pounds capacity may be provided. 14,927
In all underground coal mines, waterlines shall be 14,929
installed parallel to the entire length of belt conveyors and 14,930
shall be equipped with fire hose outlets with valves at three 14,931
hundred foot intervals along each belt conveyor and at 14,932
tailpieces. At least five hundred feet of fire hose with 14,933
fittings suitable for connection with each belt conveyor 14,934
waterline system shall be stored at strategic locations along the 14,935
belt conveyor. Waterlines may be installed in entries adjacent 14,936
to the conveyor entry belt as long as the outlets project into 14,938
the belt conveyor entry. 14,939
In underground coal mines producing three hundred tons of 14,941
coal or more per shift, waterlines shall be installed parallel to 14,942
all haulage tracks using mechanized equipment in the track or 14,943
adjacent entry and shall extend to the loading point of each 14,944
working section. Waterlines shall be equipped with outlet valves 14,946
at intervals of not more than five hundred feet, and five hundred 14,947
feet of fire hose with fittings suitable for connection with such 14,948
waterlines shall be provided at strategic locations. Two 14,949
portable water cars, readily available may be used in lieu of 14,950
waterlines prescribed under this paragraph.
In underground coal mines producing less than three hundred 14,952
tons of coal per shift, a tank of water of at least fifty-five 14,953
gallon capacity with at least three pails of not less than 14,954
ten-quart capacity, or not less than two hundred forty pounds of 14,955
bagged rock dust shall be provided at five hundred foot intervals 14,956
along all main and secondary haulage roads. 14,957
Each track or offtrack locomotive, self-propelled mantrip 14,959
car, or personnel carrier shall be equipped with one portable 14,960
333
fire extinguisher. 14,961
Two portable fire extinguishers or one extinguisher having 14,963
at least ten pounds of dry powder or five gallons of 14,964
foam-producing liquids shall be provided at each permanent 14,965
electrical installation. One portable fire extinguisher and two 14,966
hundred forty pounds of rock dust shall be provided at each 14,967
temporary electrical installation. 14,968
One portable fire extinguisher or two hundred forty pounds 14,970
of rock dust shall be provided at locations where welding, 14,971
cutting, or soldering with arc or flame is being done. 14,972
At each wooden door through which power lines pass there 14,974
shall be one portable fire extinguisher or two hundred forty 14,975
pounds of rock dust within twenty-five feet of the door on the 14,976
intake air side. 14,977
At each underground coal mine producing three hundred tons 14,979
of coal or more per shift there shall be readily available the 14,980
following materials at locations not exceeding two miles from 14,981
each working section: one thousand board feet of brattice 14,982
boards, two rolls of brattice cloth, two hand saws, twenty-five 14,983
pounds of eightpenny nails, twenty-five pounds of ten penny 14,985
TENPENNY nails, twenty-five pounds of sixteenpenny nails, three 14,987
claw hammers, twenty-five bags of wood fiber plaster or ten bags 14,988
of cement or equivalent material for stoppings, and five tons of 14,989
rock dust. These materials shall be available at each mine 14,990
producing less than three hundred tons of coal per shift, except 14,991
that if the active working sections are located at a distance of 14,992
two miles or less from the surface, the emergency materials for 14,993
one or more mines may be stored at a central warehouse or 14,994
building supply company, and such supply must SHALL be the 14,995
equivalent of that required for all mines involved and within one 14,996
hour's delivery time from each mine.
All fire fighting equipment shall be maintained in a usable 14,998
and operative condition. Chemical extinguishers shall be 14,999
examined every six months and the date of the examination shall 15,000
334
be written on a permanent tag attached to the extinguisher. 15,001
The operator shall give each miner a self-rescue device 15,003
that is adequate to protect the miner for one hour or longer and 15,004
is approved by the chief. Such self-rescue devices shall be worn 15,005
or carried on the person of each miner. However, where the 15,006
wearing or carrying of self-rescue devices is hazardous to a 15,007
miner, such devices shall be located at a distance no greater 15,008
than twenty-five feet from the miner. Where a miner works on or 15,009
around mobile equipment, self-rescue devices, if not carried by 15,010
the miner, shall be placed in a readily accessible location on 15,011
such equipment. 15,012
No operator of a mine shall refuse or neglect to comply 15,014
with this section.
Sec. 1567.55. The operator of any coal mine or the owner 15,023
of land bearing natural coal deposits immediately upon learning 15,024
of a fire in any coal seam upon his THE OPERATOR'S OR OWNER'S 15,025
property shall report the fire to the chief of the division of 15,027
mines and reclamation MINERAL RESOURCES MANAGEMENT. 15,028
When a coal seam fire is reported to said THE chief he, THE 15,031
CHIEF shall immediately investigate such fire. In the event of a 15,032
fire in any outcrop of a coal seam or in an abandoned mine, the 15,033
chief shall extinguish such fire, and he THE CHIEF may employ 15,034
such persons and purchase such materials as are necessary to 15,036
extinguish such fire. Persons so employed shall serve at the 15,037
pleasure of the chief and their employment shall not be governed 15,038
by civil service laws, rules, or regulations. Materials 15,039
purchased for immediate use in extinguishing a fire shall be 15,040
emergency purchases and shall be paid for out of state funds 15,041
appropriated for such purpose upon vouchers issued by said THE 15,042
chief certifying to the emergency nature of the purchase, 15,043
notwithstanding the fact that there has been no compliance with 15,044
other laws governing the making of purchases by the state. 15,045
Whenever, after August 26, 1949, the surface of a natural 15,047
deposit of coal is exposed by mining operations, the chief may 15,048
335
order the owner, lessee, or agent of the mine at which such 15,049
exposure occurs to cover such exposed surface with earth or other 15,050
noncombustible material if, in the judgment of the chief, such 15,051
covering is necessary to prevent a fire in said THE coal which 15,053
THAT would endanger life or property. Such order shall be in 15,054
writing and shall fix a reasonable time for compliance therewith. 15,055
No operator of a mine shall refuse or neglect to comply with such 15,056
order for a period of fifteen days after the expiration of the 15,057
time fixed in such order for compliance therewith. Each period 15,058
of fifteen days after the expiration of the time fixed in such 15,059
order for compliance therewith, during which any such operator 15,060
refuses or neglects to comply with such order, constitutes a 15,061
separate offense. 15,062
Sec. 1567.57. Every operator of a mine shall install and 15,071
maintain in efficient working condition a system of two-way 15,072
communications approved by the chief of the division of mines and 15,073
reclamation MINERAL RESOURCES MANAGEMENT connecting the surface 15,074
and each landing of main shafts and slopes between the surface 15,075
and each working section of any coal mine that is more than one 15,076
hundred feet from a portal.
No operator of a mine shall refuse or neglect to comply 15,078
with this section.
Sec. 1567.61. As used in this section, "emergency medical 15,088
service organization" has the same meaning as in section 4765.01 15,089
of the Revised Code. 15,090
The operator at all mines and quarries shall keep first aid 15,092
and emergency medical equipment in a dry and sanitary condition 15,093
in accessible places. 15,094
Each operator shall report to the chief of the division of 15,097
mines and reclamation MINERAL RESOURCES MANAGEMENT, the name, 15,098
title, and address of each emergency medical service organization 15,099
with which arrangements have been made or otherwise provided. 15,100
Each operator shall, within ten days after any change of the 15,101
arrangements, report such changes to the chief. If such changes 15,102
336
involve a substitution of persons, the operator shall report the 15,103
name, title, and address of the person substituted together with 15,104
the name and address of the emergency medical service 15,105
organization with which such person is associated. Each operator 15,106
shall, immediately after making such an arrangement or any change 15,107
of such arrangement, post at appropriate places at the mine the 15,108
names, titles, addresses, and telephone numbers of all persons or 15,109
organizations currently available under such arrangements to 15,110
provide medical assistance and transportation at the mine. The 15,111
operator of an underground mine shall provide a vehicular mode of 15,112
transportation that is equipped to handle stretchers to transport 15,113
injured miners underground in a manner that minimizes shock. 15,114
Such vehicle shall be accessible within the lesser of thirty 15,115
minutes or the time needed to render first aid and medical 15,116
attention, secure the injured person to a stretcher or 15,117
broken-back board or other device, and transport the injured 15,118
person to the vehicle.
No operator of a mine shall refuse or neglect to comply 15,120
with this section. 15,121
Sec. 1567.69. (A) On and after the effective date of this 15,130
section JULY 20, 1984, no operator shall begin longwall mining in 15,132
any coal mine until plans for the longwall mining have been filed 15,133
with and approved by the chief of the division of mines and 15,134
reclamation MINERAL RESOURCES MANAGEMENT. All revisions to 15,135
approved plans shall also be submitted for approval to the chief. 15,136
The chief shall not approve any plan or revision unless it meets 15,137
the requirements of this section and shall approve all plans and 15,138
revisions that meet those requirements. 15,139
Approval of a plan or revision, or portion thereof, under 15,141
comparable provisions of the "Federal Coal Mine Safety and Health 15,142
Act of 1969," 83 Stat. 742, 30 U.S.C.A. 801, as amended or 15,143
reenacted, or regulations promulgated ADOPTED thereunder, shall 15,144
be a sufficient basis for approval of the plan or revision, or 15,145
portion thereof, by the chief unless the chief makes a specific 15,146
337
written explanation and findings as to why the federally approved 15,147
plan, revision, or portion thereof does not meet the requirements 15,148
of the mining laws of this state and as to why a variance from 15,149
the federally approved plan is reasonably necessary to meet the 15,150
requirements of this state's mining laws. 15,151
The chief shall make a final decision on a plan or 15,153
revision, including review of any additional information he THE 15,154
CHIEF requests, no later than fourteen days after the operator's 15,156
initial submission of the plan or revision. Approval of 15,157
completed plans or revisions shall not be unreasonably withheld. 15,158
(B) Longwall mining plans submitted to the chief for 15,160
approval shall include all of the following: 15,161
(1) Company name; 15,163
(2) Mine name; 15,165
(3) Mine location; 15,167
(4) Mine address; 15,169
(5) Mine telephone number; 15,171
(6) Name, title, and telephone number of the person 15,173
submitting the plan; 15,174
(7) Mine identification number; 15,176
(8) Longwall mining roof control plan, which shall include 15,178
a plan indicating the roof support to be used and the working 15,179
procedures to be followed when a cavity is encountered over 15,180
chocks or shields; 15,181
(9) Ventilation plan, which shall include the complete 15,183
section and face ventilation controls and bleeder systems; 15,184
(10) Methane and dust control plan; 15,186
(11) Any other information required by the chief. 15,188
(C) After the chief has approved plans submitted under 15,190
this section, an operator shall not be required to obtain 15,191
additional approvals for new longwall working sections if plans 15,192
initially approved or revised are complied with. 15,193
(D) In coal mines where longwall working section 15,195
operations are in progress prior to the effective date of this 15,196
338
section JULY 20, 1984, no operator shall begin new longwall 15,198
working sections until required plans for longwall mining have 15,199
been filed with and approved by the chief. 15,200
Sec. 1567.70. An operator conducting longwall mining shall 15,210
develop a plan for recovery of chocks and shields or other 15,211
longwall roof support and shall not initiate recovery until the 15,212
recovery plan is approved by the chief of the division of mines 15,214
and reclamation MINERAL RESOURCES MANAGEMENT. An operator shall 15,215
also submit all revisions of an approved recovery plan for 15,216
approval to the chief.
Approval of a plan or revision, or portion thereof, under 15,218
comparable provisions of the "Federal Coal Mine Safety and Health 15,219
Act of 1969," 83 Stat. 742, 30 U.S.C.A. 801, as amended or 15,220
reenacted, or regulations promulgated ADOPTED thereunder, shall 15,221
be a sufficient basis for approval of the plan or revision, or 15,223
portion thereof, by the chief unless the chief makes a specific 15,224
written explanation and findings as to why the federally approved 15,225
plan or revision, or portion thereof, does not meet the 15,226
requirements of the mining laws of this state and as to why a 15,227
variance from the federally approved plan, revision, or portion 15,228
thereof is reasonably necessary to meet the requirements of this 15,229
state's mining laws. 15,230
The chief shall make a final decision on a plan or 15,232
revision, including review of any additional information he THAT 15,233
THE CHIEF requests, no later than fourteen days after the 15,234
operator's initial submission of the plan or revision. The chief 15,235
shall not unreasonably withhold approvals of completed plans or 15,236
revisions.
Sec. 1567.71. (A) An operator conducting longwall mining 15,245
shall provide two-way communication facilities, approved by the 15,246
chief of the division of mines and reclamation MINERAL RESOURCES 15,247
MANAGEMENT, at the headgate and tailgate and across each longwall 15,250
working face that, during the production of coal, are a separate 15,251
system from the mine communication facilities. Longwall working 15,252
339
section communication facilities shall be located at points not 15,253
more than one hundred feet apart across the longwall working 15,254
face.
(B) An operator conducting longwall mining shall also 15,256
provide two-way communication facilities on each longwall working 15,257
section. During production of coal, a designated person shall, 15,258
as part of that person's other assigned duties, be available with 15,259
the longwall working section communication and longwall working 15,260
face communication facilities. 15,261
Sec. 1567.73. (A) The chief of the division of mines and 15,271
reclamation MINERAL RESOURCES MANAGEMENT or his THE CHIEF'S 15,272
representative shall require installation on a longwall working 15,274
section of a federally approved methane monitor capable of giving 15,275
warning automatically when the concentration of methane reaches a 15,276
maximum percentage of not more than 1.0 volume per cent of 15,277
methane. The sensoring unit indicating the atmospheric
conditions on the methane monitor shall be installed at a 15,278
location specified in the approved plan or revision required by 15,279
section 1567.69 of the Revised Code. 15,280
The operator shall ensure that the methane monitor is kept 15,282
operative and properly maintained and tested weekly for 15,283
functioning. 15,284
The operator of any mine in which longwall mining is 15,286
performed shall establish and adopt a definite maintenance 15,287
program designed to keep methane monitors operative, and a 15,288
written description of the program shall be available for 15,289
inspection by the division of mines and reclamation MINERAL 15,290
RESOURCES MANAGEMENT. At least once each month, the operator 15,292
shall have the methane monitor checked for operating accuracy 15,293
with a known methane air mixture and shall have the monitor 15,294
calibrated as necessary. The operator shall keep a record of 15,295
calibration tests in a book on the surface, which may be the same 15,296
book used to comply with requirements established under 15,297
regulations of the mine safety and health administration in the 15,298
340
United Sates STATES department of labor.
If the methane monitor on a longwall working section 15,300
malfunctions, the operator shall have the monitor repaired within 15,301
twelve hours. During the period of time the methane monitor is 15,302
inoperative, the operator shall not permit electric equipment to 15,303
be operated for longer than ten minutes without an examination 15,304
for methane gas, shall require that the examinations required in 15,305
division (B) of this section be conducted on one-hour intervals, 15,306
and shall require an air reading on the intake side of the 15,307
longwall working face to be collected on one-hour intervals. 15,308
If parts are unavailable to correct the malfunction of the 15,310
methane monitor or the malfunction cannot be repaired within 15,311
twelve hours, the operator shall immediately notify the division 15,313
of mines and reclamation, which shall evaluate the circumstances 15,314
and may allow continued operation under the procedures of the 15,315
preceding paragraph if the operator is proceeding with good faith 15,316
efforts to correct the malfunction. 15,317
If a malfunction of the methane monitor occurs on a 15,319
longwall working section, the supervisor on duty shall indicate 15,320
in his THE SUPERVISOR'S own shift examination report, in the fire 15,322
boss report books, the date and time the methane monitor 15,323
malfunctioned.
(B) A certified person designated by the mine foreman 15,325
FOREPERSON to supervise a longwall working section shall examine 15,327
the longwall working face for hazards as a part of the pre-shift 15,328
and on-shift examinations for each coal producing shift and more 15,329
often if necessary for safety or required by division (A) of this 15,330
section. The examination shall include a test for methane gas 15,331
and oxygen deficiency. The methane and oxygen deficiency 15,332
examinations shall be made at reasonable intervals along the coal 15,333
face between the headgate and tailgate. The person's initials, 15,334
date, and time shall be recorded at the headgate and tailgate. 15,335
If one per cent or more of methane gas is detected along the coal 15,336
face, the electrical equipment shall be immediately de-energized 15,337
341
and the electrical power circuit then disconnected from the power 15,338
supply until a certified person pronounces the place safe. 15,339
Sec. 1567.74. (A) No person shall cross the longwall 15,348
working face conveyor while it is in operation unless a safe 15,349
crossover is provided. 15,350
(B) The operator shall provide telephone pager 15,352
communications or other means of providing an effective warning 15,353
signal in a longwall working section. Prior to starting a 15,354
longwall working face conveyor, the person who is going to 15,355
activate the conveyor shall sound the telephone pager 15,356
communications or other effective warning signal to alert all 15,357
persons across the longwall working face. 15,358
(C) No person shall ride the longwall working face 15,360
conveyor. However, an operator may submit a plan to the chief of 15,361
the division of mines and reclamation MINERAL RESOURCES 15,362
MANAGEMENT, as part of the plan required by section 1567.69 of 15,364
the Revised Code or later, for approval for the removal of
injured persons on the longwall working face conveyor if it is 15,366
necessary to transport injured persons on a stretcher or
backboard. 15,367
(D) On and after the effective date of this section JULY 15,370
20, 1984, an operator shall equip all newly installed face roof 15,371
support units with adjacent unit controls unless the units have a 15,372
wide single canopy over each unit that protects the workman 15,373
WORKERS from falling material when operating unit controls from 15,375
within the support of the shield unit being removed. 15,376
(E) On and after the effective date of this section JULY 15,379
20, 1984, all newly installed face roof support units shall be 15,380
equipped with an outlet to facilitate measurement of the interior 15,381
prop pressure and an outlet to facilitate measurement of the 15,382
yield pressure. Any yield valves of face roof support units that 15,383
do not maintain at least eighty-five per cent of the yield 15,384
pressure specified in the approved roof control plan shall be 15,385
promptly repaired or replaced. The valves of face roof support 15,386
342
units shall be tested at least annually, and a legible record of 15,387
the date of the test, the person performing the test, and the 15,388
valves repaired or replaced shall be kept in an appropriate mine 15,389
record.
Sec. 1567.78. An operator shall maintain an accessible 15,398
travel route at all times off the tailgate end of the longwall 15,399
working face unless the operator develops and the chief of the 15,400
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 15,401
approves a plan to continue operation of the longwall working 15,403
section in the event the tailgate route becomes impassable. Such 15,404
a plan shall include necessary provisions to be taken to provide 15,405
additional protective devices for longwall working section 15,406
personnel.
When the tailgate travel route becomes impassable, the 15,408
operator shall cease the longwall mining operation immediately, 15,409
familiarize all persons working on the longwall working section 15,410
with the procedures to follow for escape from the section, and 15,411
implement immediately the plan approved by the division of mines 15,413
and reclamation MINERAL RESOURCES MANAGEMENT before recommencing 15,414
mining.
The operator shall immediately notify the division when the 15,417
accessible travel route becomes impassable and the approved plan 15,418
has been implemented.
The division's representative shall immediately, upon 15,422
notification, establish a scheduled meeting with the operator and 15,423
representatives of the miners at the mine.
Sec. 1571.01. As used in this chapter, unless other 15,433
meaning is clearly indicated in the context: 15,434
(A) "Gas storage reservoir" or "storage reservoir" or 15,436
"reservoir" means a continuous area of a subterranean porous sand 15,438
or rock stratum or strata, any part of which or of the protective 15,439
area of which, is within a coal bearing township, into which gas 15,440
is or may be injected for the purpose of storing it therein and 15,441
removing it therefrom, or for the purpose of testing whether such 15,442
343
stratum is suitable for such storage purposes. 15,443
(B) "Gas" means any natural, manufactured, or by-product 15,445
gas or any mixture thereof. 15,446
(C) "Reservoir operator" or "operator," when used in 15,448
referring to the operator of a gas storage reservoir, means a 15,449
person who is engaged in the work of preparing to inject, or who 15,450
injects gas into, or who stores gas in, or who removes gas from, 15,451
a gas storage reservoir, and who owns the right to do so. 15,452
(D)(1) "Boundary," when used in referring to the boundary 15,454
of a gas storage reservoir, means the boundary of such reservoir 15,455
as shown on the map or maps thereof on file in the division of 15,457
mines and reclamation MINERAL RESOURCES MANAGEMENT as required by 15,458
this chapter.
(2) "Boundary," when used in referring to the boundary of 15,460
a reservoir protective area, means the boundary of such reservoir 15,461
protective area as shown on the map or maps thereof on file in 15,462
the division as required by this chapter. 15,463
(E) "Reservoir protective area" or "reservoir's protective 15,465
area" means the area of land outside of the boundary of a gas 15,466
storage reservoir shown as such on the map or maps thereof on 15,467
file in the division as required by this chapter. The area of 15,468
land shown on such map or maps as such reservoir protective area 15,469
shall be outside of the boundary of such reservoir, and shall 15,470
encircle such reservoir and touch all parts of the boundary of 15,471
such reservoir, and no part of the outside boundary of such 15,472
protective area shall be less than two thousand nor more than 15,473
five thousand linear feet distant from the boundary of such 15,474
reservoir.
(F) "Coal bearing township" means a township designated as 15,476
a coal bearing township by the chief of the division of mines and 15,477
reclamation MINERAL RESOURCES MANAGEMENT as required by section 15,478
1561.06 of the Revised Code. 15,479
(G) "Division of mines and reclamation" or "division," 15,481
when used in referring to the division of mines and reclamation, 15,483
344
means the division of mines and reclamation of the state of Ohio. 15,485
(H) "Coal mine" means the underground excavations of a 15,487
mine which THAT are being used or are usable or are being 15,488
developed for use in connection with the extraction of coal from 15,489
its natural deposit in the earth. "Underground excavations," 15,490
when used in referring to the underground excavations of a coal 15,491
mine, includes the abandoned underground excavations of such 15,492
mine. It also includes the underground excavations of an 15,493
abandoned coal mine if such abandoned mine is connected with 15,494
underground excavations of a coal mine. "Coal mine" does not 15,495
mean or include: 15,496
(1) A mine in which coal is extracted from its natural 15,498
deposit in the earth by strip or open pit mining methods or by 15,499
other methods by which individuals are not required to go 15,500
underground in connection with the extraction of coal from its 15,501
natural deposit in the earth; 15,502
(2) A mine in which not more than fourteen individuals are 15,504
regularly employed underground. 15,505
(I)(H) "Operator," when used in referring to the operator 15,507
of a coal mine, means a person who engages in the work of 15,509
developing such mine for use in extracting coal from its natural 15,510
deposit in the earth, or who so uses such mine, and who owns the 15,511
right to do so. 15,512
(J)(I) "Boundary," when used in referring to the boundary 15,514
of a coal mine, means the boundary of the underground excavations 15,516
of such mine as shown on the maps of such mine on file in the 15,517
division of mines and reclamation as required by sections 1563.03 15,519
to 1563.05, and section 1571.03 of the Revised Code. 15,520
(K)(J) "Mine protective area" or "mine's protective area" 15,522
means the area of land which THAT the operator of a coal mine 15,523
designates and shows as such on the map or maps of such coal mine 15,524
filed with the division as required by sections 1563.03 to 15,525
1563.05, and section 1571.03 of the Revised Code. Such area of 15,528
land shall be outside of the boundary of such coal mine, but some 15,529
345
part of the boundary of such area of land shall abut upon a part 15,530
of the boundary of such coal mine. Such area of land shall be 15,531
comprised of such tracts of land in which such coal mine operator 15,532
owns the right to extract coal therefrom by underground mining 15,533
methods and in which underground excavations of such coal mine 15,534
are likely to be made within the ensuing year for use in 15,535
connection with the extraction of coal therefrom.
(L)(K) "Pillar" means a solid block of coal or other 15,537
material left unmined to support the overlying strata in a coal 15,539
mine, or to protect a well. 15,540
(M)(L) "Retreat mining" means the removal of pillars and 15,542
ribs and stumps and other coal remaining in a section of a coal 15,544
mine after the development mining has been completed in such 15,545
section.
(N)(M) "Linear feet," when used to indicate distance 15,547
between two points which THAT are not in the same plane, means 15,549
the length in feet of the shortest horizontal line which THAT 15,551
connects two lines projected vertically upward or downward from 15,552
said THE two points. 15,553
(O)(N) "Map" means a graphic representation of the 15,555
location and size of the existing or proposed items it is made to 15,557
represent, accurately drawn according to a given scale. 15,558
(P)(O) "Well" means any hole, drilled or bored, or being 15,560
drilled or bored, into the earth, whether for the purpose of, or 15,562
whether used for: 15,563
(1) Producing or extracting any gas or liquid mineral, or 15,565
natural or artificial brines, or oil field waters; 15,566
(2) Injecting gas into or removing gas from an underground 15,568
gas storage reservoir; 15,569
(3) Introducing water or other liquid pressure into an oil 15,571
bearing sand to recover oil contained in such sand;, provided, 15,573
that "well" does not mean a hole drilled or bored, or being
drilled or bored, into the earth, whether for the purpose of, or 15,574
whether used for, producing or extracting potable water to be 15,575
346
used as such. 15,576
(Q)(P) "Testing" means injecting gas into, or storing gas 15,578
in or removing gas from, a gas storage reservoir for the sole 15,580
purpose of determining whether such reservoir is suitable for use 15,581
as a gas storage reservoir. 15,582
(R)(Q) "Casing" means a string or strings of pipe commonly 15,584
placed in a well. 15,586
(S)(R) "Inactivate" means to shut off temporarily all flow 15,588
of gas from a well at a point below the horizon of the coal mine 15,589
which THAT might be affected by such flow of gas, by means of a 15,591
plug or other suitable device or by injecting water, bentonite, 15,592
or some other equally nonporous material into the well, or any 15,593
other method approved by the oil and gas well MINERAL RESOURCES 15,594
inspector. 15,595
(T)(S) "Gas storage well inspector" means the gas storage 15,597
well inspector in the division. 15,599
(U)(T) The verb "open" or the noun "opening," when used in 15,601
clauses relating to the time when a coal mine operator intends to 15,603
open a new coal mine, or the time when a new coal mine is opened, 15,604
or the time of the opening of a new coal mine, or when used in 15,605
other similar clauses to convey like meanings, means that time 15,606
and condition in the initial development of a new coal mine when 15,607
the second opening required by section 1563.14 of the Revised 15,609
Code is completed in such mine. 15,610
Sec. 1571.02. (A) Any reservoir operator who, on 15,619
September 9, 1957, is injecting gas into, storing gas in, or 15,620
removing gas from a reservoir shall within sixty days after such 15,621
date file with the division of mines and reclamation MINERAL 15,622
RESOURCES MANAGEMENT a map thereof as described in division (C) 15,624
of this section;, provided that, if a reservoir operator is, on 15,625
September 9, 1957, injecting gas into or storing gas in a 15,626
reservoir solely for testing, he THE RESERVOIR OPERATOR shall at 15,627
once file such map with the division of mines and reclamation. 15,628
(B) If the injection of gas into or storage of gas in a 15,630
347
gas storage reservoir is begun after September 9, 1957, the 15,631
operator of such reservoir shall file with the division of mines 15,633
and reclamation and the division of oil and gas of the department 15,634
of natural resources identical maps A MAP thereof as described in 15,635
division (C) of this section, on the same day and not less than 15,637
three months prior to beginning such injection or storage. 15,638
(C) Each map filed with the division of mines and 15,640
reclamation and the division of oil and gas pursuant to this 15,641
section shall be prepared by a registered surveyor, registered 15,642
engineer, or competent geologist. It shall show BOTH OF THE 15,643
FOLLOWING:
(1) The location of the boundary of such reservoir and the 15,645
boundary of such reservoir's protective area, and the known fixed 15,646
monuments, corner stones, or other permanent markers in such 15,647
boundary lines; 15,648
(2) The boundary lines of the counties, townships, and 15,650
sections or lots, which THAT are within the limits of such map, 15,651
and the name of each such county and township and the number of 15,653
each such section or lot clearly indicated thereon. The legend 15,654
of the map shall indicate the stratum or strata in which the gas 15,655
storage reservoir is located. 15,656
The location of the boundary of the gas storage reservoir 15,658
as shown on the map shall be defined by the location of those 15,659
wells around the periphery of such reservoir which THAT had no 15,660
gas production when drilled into the storage stratum of such 15,661
reservoir;, provided that, if the operator of such reservoir, 15,663
upon taking into consideration the number and nature of such 15,664
wells, the geological and production knowledge of the storage 15,665
stratum, its character, permeability, and distribution, and 15,666
operating experience, determines that the location of the 15,667
boundary of such reservoir should be differently defined, he THE 15,668
RESERVOIR OPERATOR may, on such map, show the boundary of such 15,670
reservoir to be located at a location different than the location 15,671
defined by the location of those wells around the periphery of 15,672
348
such reservoir which THAT had no gas production when drilled into 15,673
said THE storage stratum.
Whenever the operator of a gas storage reservoir determines 15,675
that the location of the boundary of such reservoir as shown on 15,676
the most recent maps MAP thereof on file in the division of mines 15,678
and reclamation and the division of oil and gas pursuant to this 15,679
section is incorrect, he THE RESERVOIR OPERATOR shall file with 15,680
each THE division identical AN amended maps MAP showing the 15,682
boundary of such reservoir to be located at the location which he 15,684
THAT THE RESERVOIR OPERATOR then considers to be correct. 15,686
(D) Each operator of a gas storage reservoir who files 15,688
with the division of mines and reclamation and the division of 15,689
oil and gas maps A MAP as required by this section shall, at the 15,690
end of each six-month period following the date of such filing, 15,692
file with each THE division identical AN amended maps MAP showing 15,693
changes, if any, in the boundary line of such reservoir or of 15,695
such reservoir's protective area, which THAT have occurred in the 15,696
six-month period. Nothing in this division shall be construed to 15,697
require such a reservoir operator to file an amended map at the 15,698
end of any such six-month period if no such boundary changes have 15,699
occurred in such period.
An operator of a gas storage reservoir who is required by 15,701
this section to file AN amended maps MAP with the division of 15,703
mines and reclamation and division of oil and gas shall not be 15,704
required to so file such AN amended maps MAP after such time when 15,705
he THE RESERVOIR OPERATOR files with each THE division maps A MAP 15,708
pertaining to such reservoir, as provided in section 1571.04 of 15,709
the Revised Code.
(E) A reservoir operator shall file with the division of 15,711
oil and gas, within sixty days after March 17, 1989, a map 15,713
identical to any map then on file with the division of mines and 15,714
reclamation.
(F) The division of oil and gas shall keep all maps filed 15,716
with it pursuant to this section and section 1571.04 of the 15,718
349
Revised Code in a safe place and shall not allow the maps to be 15,719
open to public inspection or be removed from its office. The 15,720
division shall not furnish copies of the maps to any person and 15,721
shall maintain the confidentiality of the maps, except to the 15,722
extent the chief of the division determines to be reasonably 15,723
necessary to explain denial of a request for expedited review of 15,724
a permit application under section 1509.06 of the Revised Code. 15,725
Sec. 1571.03. (A) Every operator of a coal mine who is 15,735
required by sections 1563.03 to 1563.05 of the Revised Code, to 15,736
file maps of such mine, shall cause to be shown on each of such 15,738
maps, in addition to the boundary lines of each tract under which 15,739
excavations are likely to be made during the ensuing year, as 15,740
referred to in section 1563.03 of the Revised Code: 15,742
(1) The boundary of such coal mine in accordance with the 15,744
meaning of the term "boundary" when used in referring to the 15,745
boundary of a coal mine, and the term "coal mine" as those terms 15,747
are defined in section 1571.01 of the Revised Code; 15,748
(2) The boundary of the mine protective area of such mine. 15,750
The provisions of this 15,751
THIS division of this section shall not be construed to 15,753
amend or repeal any provisions of sections 1563.03 to 1563.05 of 15,755
the Revised Code, either by implication or otherwise.
The provisions of this THIS division are IS intended only 15,758
to add to existing statutory requirements pertaining to the
filing of coal mine maps with the division of mines and 15,759
reclamation MINERAL RESOURCES MANAGEMENT, the requirements 15,760
ESTABLISHED in this division contained. 15,761
(B) Every operator of a coal mine who believes that any 15,763
part of the boundary of such mine is within two thousand linear 15,764
feet of a well which THAT is drilled through the horizon of such 15,765
coal mine and into or through the storage stratum or strata of a 15,766
gas storage reservoir within the boundary of such reservoir or 15,767
within its protective area, shall at once send notice to that 15,768
effect by registered mail to the operator of such reservoir and 15,769
350
to the division. 15,770
(C) Every operator of a coal mine who expects that any 15,772
part of the boundary of such mine will, on a date after September 15,773
9, 1957, be extended beyond its location on such date to a point 15,774
within two thousand linear feet of a well which THAT is drilled 15,775
through the horizon of such mine and into or through the stratum 15,776
or strata of a gas storage reservoir within the boundary of such 15,777
reservoir or within its protective area, shall send at least nine 15,779
months' notice of such date and of the location of such well by
registered mail to the operator of such reservoir and to the 15,780
division. If at the end of three years after the date stated in 15,781
the notice by an operator of a coal mine to an operator of a 15,782
storage reservoir as the date upon which part of the boundary of 15,783
such coal mine is expected to be extended to a point within two 15,784
thousand linear feet of such well, no part of such coal mine is 15,785
so extended, the operator of such coal mine shall be liable to 15,786
the operator of such storage reservoir for all expenses incurred 15,787
by such reservoir operator in doing the plugging or 15,788
reconditioning of such well as he THE RESERVOIR OPERATOR is 15,789
required to do in such cases as provided in section 1571.05 of 15,791
the Revised Code. Such mine operator shall in no event be liable 15,793
to such reservoir operator:
(1) For expenses of plugging or reconditioning such well 15,795
incurred prior to receipt by such reservoir operator from such 15,796
mine operator of a notice as provided for in this division; 15,797
(2) For any expenses of plugging or reconditioning such 15,799
well if any part of the work of plugging or reconditioning was 15,800
commenced prior to receipt by such reservoir operator from such 15,801
mine operator of a notice as provided for in this division. 15,802
(D) If a person intends to open a new coal mine after 15,804
September 9, 1957, and if at the time of its opening any part of 15,805
the boundary of such mine will be within two thousand linear feet 15,806
of a well which THAT is drilled through the horizon of such mine 15,807
and into or through the storage stratum or strata of a gas 15,809
351
storage reservoir within the boundary of such reservoir or within 15,810
its protective area, such person shall send by registered mail to 15,811
the operator of such storage reservoir and to the division at 15,812
least nine months' notice of the date upon which he THE PERSON 15,813
intends to open such mine, and of the location of such well. If 15,814
at the end of nine months after the date stated in the notice by 15,815
an operator of a coal mine to an operator of a storage reservoir 15,816
and to the division, as the date upon which such coal mine 15,818
operator intends to open such new mine, such new mine is not 15,819
opened, the operator of such coal mine shall be liable to the 15,820
operator of such storage reservoir for all expenses incurred by
such reservoir operator in doing the plugging or reconditioning 15,821
of such well as he THE RESERVOIR OPERATOR is required to do in 15,822
such cases as provided in section 1571.05 of the Revised Code;, 15,823
provided: 15,824
(1) That such mine operator may, prior to the end of nine 15,826
months after the date stated in such mine operator's notice to 15,827
such reservoir operator and the division as the date upon which 15,829
he THE MINE OPERATOR intended to open such new mine, notify such 15,830
reservoir operator and the division in writing by registered 15,832
mail, that the opening of such new mine will be delayed beyond 15,833
the end of such nine-month period of time, and that he THE MINE 15,834
OPERATOR requests that a conference be held as provided in 15,835
section 1571.10 of the Revised Code for the purpose of 15,836
endeavoring to reach an agreement establishing a date subsequent 15,837
to the end of such nine-month period of time, on or before which 15,838
such mine operator may open such new mine without being liable to 15,840
pay such reservoir operator expenses incurred by such reservoir 15,841
operator in plugging or reconditioning such well as in this 15,842
division provided;
(2) That if such mine operator sends to such reservoir 15,844
operator and to the division a notice and request for a 15,845
conference as in this sentence provided IN DIVISION (D)(1) OF 15,847
THIS SECTION, such mine operator shall not be liable to pay such 15,848
352
reservoir operator for expenses incurred by such reservoir 15,849
operator in plugging and reconditioning such well, unless such 15,850
mine operator fails to open such new mine within the period of 15,851
time fixed by an approved agreement reached in such conference, 15,852
or fixed by an order by the chief of the division OF MINERAL 15,853
RESOURCES MANAGEMENT upon a hearing held in the matter in the 15,854
event of failure to reach an approved agreement in the 15,855
conference;
(3) That such mine operator shall in no event be liable to 15,857
such reservoir operator: 15,858
(a) For expense of plugging or reconditioning such well 15,860
incurred prior to the receipt by such reservoir operator from 15,861
such mine operator of the notice of the date upon which such mine 15,863
operator intends to open such new mine;
(b) For any expense of plugging or reconditioning such 15,865
well if any part of the work of plugging or reconditioning was 15,866
commenced prior to receipt by such reservoir operator from such 15,867
mine operator of such notice. 15,868
Sec. 1571.04. (A) Upon the filing of each map or amended 15,877
map with the division of mines and reclamation MINERAL RESOURCES 15,878
MANAGEMENT by operators of gas storage reservoirs as required by 15,880
this chapter, and each coal mine map as required by sections 15,881
1563.03 to 1563.05 and division (A) of section 1571.03 of the 15,883
Revised Code, the gas storage well inspector shall cause an 15,884
examination to be made of all maps on file in the division as he 15,885
THE GAS STORAGE WELL INSPECTOR may deem necessary to ascertain 15,887
whether any part of a reservoir protective area as shown on any 15,888
such map is within ten thousand linear feet of any part of the 15,889
boundary of a coal mine as shown on any such map. If, upon 15,890
making that examination, the gas storage well inspector finds 15,891
that any part of such a reservoir protective area is within ten 15,892
thousand linear feet of any part of the boundary of such a coal 15,893
mine, he THE GAS STORAGE WELL INSPECTOR shall promptly send by 15,894
registered mail notice to that effect to the operator of the 15,895
353
reservoir and to the operator of the coal mine. 15,896
(B) Within sixty days after receipt by an operator of a 15,898
gas storage reservoir of a notice from the gas storage well 15,899
inspector under division (A) of this section, such operator shall 15,900
file on the same day with both the division of mines and 15,901
reclamation and the division of oil and gas of the department of 15,903
natural resources identical maps A MAP prepared by a registered 15,904
surveyor, registered engineer, or competent geologist, which 15,905
shall include DO all of the following: 15,907
(1) Indicate the stratum or strata in which such gas 15,909
storage reservoir is located; 15,910
(2) Show the location of the boundary of the reservoir and 15,912
the boundary of its protective area, and the known fixed 15,913
monuments, corner stones, or other permanent markers in such 15,914
boundary lines; 15,915
(3) Show the boundary lines of the counties, townships, 15,917
and sections or lots, which THAT are within the limits of such 15,918
maps, and the name of each such county and township and the 15,919
number of each such section or lot clearly indicated thereon; 15,920
(4) Show the location of all oil or gas wells known to the 15,922
operator of such reservoir which THAT have been drilled within 15,923
the boundary of the reservoir or within its protective area, and 15,925
indicate which of such wells, if any, have been or are to be 15,926
plugged or reconditioned for use in the operation of such 15,927
reservoir. 15,928
The location of the boundary of the gas storage reservoir 15,930
as shown on the maps shall be defined by the location of those 15,931
wells around the periphery of the reservoir that had no gas 15,932
production when drilled into the storage stratum of the 15,934
reservoir;, provided that, if the operator of the reservoir, upon 15,935
taking into consideration the number and nature of such wells, 15,936
the geological and production knowledge of the storage stratum, 15,937
its character, permeability, and distribution, and operating 15,938
experience, determines that the location of the boundary of the 15,939
354
reservoir should be differently defined, he THE RESERVOIR 15,940
OPERATOR may, on the maps, show the boundary of the reservoir to 15,942
be located at a location different than FROM the location defined 15,943
by the location of those wells around the periphery of the 15,945
reservoir that had no gas production when drilled into the 15,946
storage stratum.
(C) Any coal mine operator who receives from the gas 15,948
storage well inspector a copy of a map as provided by division 15,949
(E) of this section may request the gas storage well inspector to 15,950
furnish him THE COAL MINE OPERATOR with: 15,951
(1) The name of the original operator of any well shown on 15,953
such map; 15,954
(2) The date drilling of such well was completed; 15,956
(3) The total depth of such well; 15,958
(4) The depth at which oil or gas was encountered in such 15,960
well if it was productive of oil or gas; 15,961
(5) The initial rock pressure of such well; 15,963
(6) A copy of the log of the driller of such well or other 15,965
similar data; 15,966
(7) The location of such well in respect to the property 15,968
lines of the tract of land on which it is located; 15,969
(8) A statement as to whether the well is inactive or 15,971
active: 15,972
(a) If inactive, the date of plugging and other pertinent 15,974
data; 15,975
(b) If active, whether it is being used for test purposes 15,977
or storage purposes; 15,978
(9) A statement of the maximum injection pressure 15,980
contemplated by the operator of the reservoir shown on such map. 15,981
Upon receipt of such a request, the gas storage well 15,983
inspector shall promptly furnish the coal mine operator the 15,984
information requested. If the information is not ascertainable 15,985
from the files in the division of mines and reclamation, the gas 15,986
storage well inspector shall request the reservoir operator to 15,988
355
furnish the division of mines and reclamation with such 15,990
information to the extent that he THE RESERVOIR OPERATOR has 15,991
knowledge thereof. Upon receipt of such a request, the reservoir
operator shall promptly furnish such information to the division 15,992
of mines and reclamation. Thereupon the gas storage well 15,993
inspector shall promptly transmit such information to the mine 15,994
operator who requested it. 15,995
Whenever the operator of a gas storage reservoir determines 15,997
that the location of the boundary of the reservoir as shown on 15,998
the most recent maps MAP thereof on file in the division of mines 16,000
and reclamation and the division of oil and gas pursuant to this 16,001
section is incorrect, he THE RESERVOIR OPERATOR shall file with 16,002
each THE division identical AN amended maps MAP showing the 16,004
boundary of the reservoir to be located at the location which he 16,005
THAT THE RESERVOIR OPERATOR then considers to be correct. 16,006
(D) Each operator of a gas storage reservoir who files A 16,009
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 16,011
of each six-month period following the date of such filing, file 16,012
with each THE division identical AN amended maps MAP showing 16,013
changes in the boundary line of the reservoir or of the 16,015
reservoir's protective area that have occurred in the six-month 16,016
period, and further showing or describing any other occurrences 16,017
within that six-month period that cause the most recent maps MAP 16,018
on file and pertaining to the reservoir to no longer be correct. 16,019
Nothing in this division shall be construed to require such a 16,020
reservoir operator to file an amended map at the end of any such 16,021
six-month period if no boundary changes or other occurrences have 16,022
occurred in that period. The operator of the reservoir shall 16,023
also file with the division of mines and reclamation and the 16,024
division of oil and gas, subsequent to the filing of maps A MAP 16,026
as provided for in division (B) of this section, a statement 16,027
whenever changing the maximum injection pressure is contemplated, 16,028
stating for each affected well within the boundary of the 16,029
356
reservoir or its protective area, the amount of change of 16,030
injection pressure contemplated. The location or drilling of new 16,031
wells or the abandonment or reconditioning of wells shall not be 16,032
considered to be occurrences requiring the filing of an amended 16,033
map or statement.
(E) Promptly upon the filing with the division of mines 16,035
and reclamation of a map or an amended map pertaining to a gas 16,036
storage reservoir under this section, the gas storage well 16,038
inspector shall send by registered mail to the operator of the 16,039
coal mine a part of the boundary of which is within ten thousand 16,040
linear feet of any part of the boundary of the reservoir or of 16,041
the outside boundary of the reservoir's protective area, notice 16,042
of the filing together with a copy of the map. 16,043
(F) When the operator of a gas storage reservoir files 16,045
with the division of mines and reclamation and the division of 16,046
oil and gas maps A MAP or AN amended maps MAP under this section, 16,048
he THE RESERVOIR OPERATOR shall file as many copies of the maps 16,050
MAP as each THE division may require for its files and as are 16,051
needed for sending a copy to each coal mine operator under 16,052
division (E) of this section. 16,053
(G) A reservoir operator shall file with the division of 16,055
oil and gas, within sixty days after March 17, 1989, a map 16,057
identical to any map then on file with the division of mines and 16,058
reclamation.
Sec. 1571.05. (A) Whenever any part of a gas storage 16,067
reservoir or any part of its protective area underlies any part 16,068
of a coal mine, or is, or within nine months is expected or 16,069
intended to be, within two thousand linear feet of the boundary 16,070
of a coal mine which THAT is operating in a coal seam any part of 16,072
which extends over any part of said THE storage reservoir or its 16,073
protective area, the operator of such reservoir, if he THE 16,074
RESERVOIR OPERATOR or some other reservoir operator has not 16,076
theretofore done so, shall:
(1) Use every known method which THAT is reasonable under 16,078
357
the circumstance for discovering and locating all wells drilled 16,079
within the area of such reservoir or its protective area which 16,080
THAT underlie any part of such coal mine or its protective area; 16,082
(2) Plug or recondition all known wells drilled within the 16,084
area of such reservoir or its protective area which THAT underlie 16,086
any part of such coal mine.
(B) Whenever an operator of a gas storage reservoir is 16,088
notified by the operator of a coal mine, as provided in division 16,089
(B) of section 1571.03 of the Revised Code, that such coal mine 16,091
operator believes that part of the boundary of such mine is
within two thousand linear feet of a well which THAT is drilled 16,092
through the horizon of such coal mine and into or through the 16,093
storage stratum or strata of such reservoir within the boundary 16,094
of such reservoir or within its protective area, such reservoir 16,095
operator shall plug or recondition such well as in this section 16,096
prescribed, unless it is agreed in a conference or is ordered by 16,097
the chief of the division of mines and reclamation MINERAL 16,098
RESOURCES MANAGEMENT after a hearing, as provided in section 16,100
1571.10 of the Revised Code, that the well referred to in the 16,101
notice is not such a well as is described in division (B) of 16,102
section 1571.03 of the Revised Code.
Whenever an operator of a gas storage reservoir is notified 16,104
by the operator of a coal mine as provided in division (C) or (D) 16,105
of section 1571.03 of the Revised Code, that part of the boundary 16,107
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 16,108
drilled through the horizon of such mine and into or through the 16,110
storage stratum or strata of such reservoir within the boundary 16,111
of such reservoir or within its protective area, such reservoir 16,112
operator shall plug or recondition such well as in this section 16,113
prescribed. 16,114
Whenever the operator of a coal mine considers that the use 16,116
of a well such as in this section described, if used for 16,117
injecting gas into, or storing gas in, or removing gas from, a 16,118
358
gas storage reservoir, would be hazardous to the safety of 16,119
persons or property on or in the vicinity of the premises of such 16,120
coal mine or such reservoir or well, he THE COAL MINE OPERATOR 16,121
may file with the division of mines and reclamation objections to 16,122
the use of such well for such purposes, and a request that a 16,123
conference be held as provided in section 1571.10 of the Revised 16,125
Code, to discuss and endeavor to resolve by mutual agreement 16,127
whether or not such well shall or shall not be used for such 16,128
purposes, and whether or not such well shall be reconditioned, 16,129
inactivated, or plugged. Such request shall set forth the mine 16,130
operator's reasons for such objections. If no approved agreement 16,131
is reached in such conference, the gas storage well inspector 16,132
shall within ten days after the termination of such conference, 16,133
file with the chief a request that he THE CHIEF hear and 16,134
determine the matters considered at the conference as provided in 16,136
section 1571.10 of the Revised Code. Upon conclusion of the 16,137
hearing, the chief shall find and determine whether or not the 16,139
safety of persons or of the property on or in the vicinity of the 16,140
premises of such coal mine, or such reservoir, or such well 16,141
requires that such well be reconditioned, inactivated, or 16,142
plugged, and shall make an order consistent with such 16,143
determination, provided that the chief shall not order a well 16,144
plugged unless he THE CHIEF first finds that there is underground 16,146
leakage of gas therefrom.
The plugging or reconditioning of each well described in a 16,148
notice from a coal mine operator to a reservoir operator as 16,149
provided in division (B) of section 1571.03 of the Revised Code, 16,151
which must be plugged or reconditioned, shall be completed within 16,152
such time as the gas storage well inspector may fix in the case 16,153
of each such well. The plugging or reconditioning of each well 16,154
described in a notice from a coal mine operator to a reservoir 16,155
operator as provided in division (C) of section 1571.03 of the 16,157
Revised Code, which must be plugged or reconditioned, shall be 16,158
completed by the time such well, by reason of the extension of 16,159
359
the boundary of such coal mine, is within two thousand linear 16,160
feet of any part of the boundary of such mine. The plugging or 16,161
reconditioning of each well described in a notice from a coal 16,162
mine operator to a reservoir operator, as provided in division 16,163
(D) of section 1571.03 of the Revised Code, which must be plugged 16,165
or reconditioned, shall be completed by the time such well by 16,166
reason of the opening of such new mine, is within two thousand 16,167
linear feet of any part of the boundary of such new mine. A 16,168
reservoir operator who is required to complete the plugging or 16,169
reconditioning of a well within a period of time fixed as in this 16,170
paragraph DIVISION prescribed, may prior to the end of such 16,171
period of time, notify the division and the mine operator from 16,173
whom he THE RESERVOIR OPERATOR received a notice as provided in 16,174
division (B), (C), or (D) of section 1571.03 of the Revised Code, 16,177
in writing by registered mail, that the completion of the 16,179
plugging or reconditioning of the well referred to in such notice 16,180
will be delayed beyond the end of the period of time fixed 16,181
therefor as in this section provided, and that he THE RESERVOIR 16,182
OPERATOR requests that a conference be held for the purpose of 16,184
endeavoring to reach an agreement establishing a date subsequent 16,185
to the end of such period of time, on or before which such 16,186
reservoir operator may complete such plugging or reconditioning 16,187
without incurring any penalties for failure to do so as provided 16,188
in this chapter. If such a reservoir operator sends to such a 16,190
mine operator and to the division a notice and request for a 16,191
conference as in this paragraph DIVISION provided, such reservoir 16,192
operator shall not incur any penalties for failure to complete 16,194
the plugging or reconditioning OF such well within the period of 16,195
time fixed as in this paragraph DIVISION prescribed, unless such 16,196
reservoir operator fails to complete the plugging or
reconditioning of such well within the period of time fixed by an 16,197
approved agreement reached in such conference, or fixed by an 16,198
order by the chief upon a hearing held in the matter in the event 16,200
of failure to reach an approved agreement in the conference. 16,201
360
Whenever, in compliance with this division, a well is to be 16,204
plugged by a reservoir operator, such operator shall give to the 16,205
division notice thereof, as many days in advance as will be 16,206
necessary for the gas storage well inspector or a deputy mine 16,207
inspector to be present at such plugging. Such notification 16,208
shall be made on blanks furnished by the division and shall show 16,209
the following information:
(1) Name and address of the applicant; 16,211
(2) The location of the well identified by section or lot 16,213
number, city or village, and township and county; 16,214
(3) The well name and number of each well to be plugged. 16,216
(C) The operator shall give written notice at the same 16,218
time to the owner of the land upon which the well is located, the 16,219
owners or agents of the adjoining land, and adjoining well owners 16,220
or agents of his THE OPERATOR'S intention to abandon the well, 16,221
and of the time when he THE OPERATOR will be prepared to commence 16,223
plugging and filling the same. In addition to giving such 16,225
notices, such reservoir operator shall also at the same time send 16,226
a copy of such notice by registered mail to the coal mine 16,227
operator, if any, who sent to said THE reservoir operator the 16,228
notice as provided in division (B), (C), or (D) of section 16,230
1571.03 of the Revised Code, in order that such coal mine 16,232
operator or his THE COAL MINE OPERATOR'S DESIGNATED 16,233
representative whom he may designate as such, may attend and 16,234
observe the manner in which such plugging of such well is done. 16,235
If said THE reservoir operator plugs such well without an 16,237
inspector from the division being present to supervise the 16,240
plugging, said THE reservoir operator shall send to the division 16,241
and to the coal mine operator a copy of the report of the 16,243
plugging of such well, including in such report:
(1) The date of abandonment; 16,245
(2) The name of the owner or operator of such well at the 16,247
time of abandonment and his THE WELL OWNER'S OR OPERATOR'S post 16,248
office address; 16,249
361
(3) The location of such well as to township and county 16,251
and the name of the owner of the surface upon which such well is 16,252
drilled, with the address thereof; 16,253
(4) The date of the permit to drill; 16,255
(5) The date when drilled; 16,257
(6) Whether such well has been mapped; 16,259
(7) The depth of the well; 16,261
(8) The depth of the top of the sand to which the well was 16,263
drilled; 16,264
(9) The depth of each seam of coal drilled through; 16,266
(10) A detailed report as to how such well was plugged, 16,268
giving in particular the manner in which the coal and various 16,269
sands were plugged, and the date of the plugging of such well, 16,270
including therein the names of those who witnessed the plugging 16,271
of the well. 16,272
Such report shall be signed by the operator or his THE 16,274
OPERATOR'S agent who plugged such well and verified by the oath 16,276
of the party so signing. For the purposes of this section, a 16,277
deputy mine inspector may take acknowledgements and administer 16,278
oaths to the parties signing such report. 16,279
Whenever, in compliance with this division, a well is to be 16,282
reconditioned by a reservoir operator, such operator shall give 16,283
to the division notice thereof as many days before such 16,284
reconditioning is begun as will be necessary for the gas storage 16,285
well inspector, or a deputy mine inspector, to be present at such 16,286
reconditioning. No well shall be reconditioned if an inspector 16,287
of the division is not present unless permission to do so has 16,288
been granted by the chief. The reservoir operator, at the time 16,289
of giving notice to the division as in this section required, 16,291
also shall send a copy of such notice by registered mail to the 16,292
coal mine operator, if any, who sent to the reservoir operator 16,293
the notice as provided in division (B), (C), or (D) of section 16,294
1571.03 of the Revised Code, in order that such coal mine 16,295
operator or his THE COAL MINE OPERATOR'S DESIGNATED 16,296
362
representative whom he may designate as such, may attend and 16,298
observe the manner in which such reconditioning of such well is 16,299
done.
If said THE reservoir operator reconditions such well when 16,301
no inspector of the division is present to supervise the 16,302
reconditioning, the reservoir operator shall make written report 16,303
to the division describing the manner in which such 16,304
reconditioning was done, and shall send to the coal mine operator 16,306
a copy of such report by registered mail.
(D) Wells which THAT are required by this section to be 16,308
plugged shall be plugged in the manner specified in sections 16,309
1509.13 to 1509.19 of the Revised Code, and the operator shall 16,310
give the notifications and reports required by divisions (B) and 16,311
(C) of this section. No such well shall be plugged or abandoned 16,312
without the written approval of the division, and no such well 16,314
shall be mudded, plugged, or abandoned without the gas storage 16,315
well inspector or a deputy mine inspector present unless written 16,316
permission has been granted by the chief of the division or the
gas storage well inspector. For the purposes of this section, 16,318
the chief of the division of mines and reclamation has the 16,319
authority given the chief of the division of oil and gas in 16,320
sections 1509.15 and 1509.17 of the Revised Code. If such a well 16,321
has been plugged prior to the time plugging thereof is required 16,322
by this section, and, on the basis of the data, information, and 16,323
other evidence available it is determined that such plugging was 16,324
done in the manner required by this section, or was done in 16,325
accordance with statutes prescribing the manner of plugging wells 16,326
in effect at the time such plugging was done, and that there is 16,327
no evidence of leakage of gas from such well either at or below 16,328
the surface, and that such plugging is sufficiently effective to 16,329
prevent the leakage of gas from such well, the obligations 16,330
imposed upon such reservoir operator by this section as to 16,331
plugging said THE well, shall be considered fully satisfied. The 16,333
operator of a coal mine any part of the boundary of which is, or 16,334
363
within nine months is expected or intended to be, within two 16,335
thousand linear feet of such well, may at any time raise a 16,336
question as to whether the plugging of such well is sufficiently 16,337
effective to prevent the leakage of gas therefrom, and the issue 16,338
so made shall be determined by a conference or hearing as 16,339
provided in section 1571.10 of the Revised Code. 16,340
(E) Wells which THAT are to be reconditioned as required 16,342
by this section shall be, or shall be made to be: 16,343
(1) Cased in accordance with the provisions of the 16,345
statutes of Ohio THIS STATE in effect at the time such wells were 16,347
drilled, with such casing being, or made to be, sufficiently
effective in that there is no evidence of any leakage of gas 16,348
therefrom;
(2) Equipped with a producing string and well head 16,350
composed of new pipe, or pipe as good as new, and fittings 16,351
designed to operate with safety and to contain the stored gas at 16,352
maximum pressures contemplated. 16,353
When a well which THAT is to be reconditioned as required 16,355
by this section, has been reconditioned for use in the operation 16,356
of such reservoir prior to the time prescribed in this section, 16,357
and on the basis of the data, information, and other evidence 16,358
available it is determined that at the time such well was so 16,359
reconditioned the requirements prescribed in this division were 16,360
met, and that there is no evidence of underground leakage of gas 16,361
from such well, and that such reconditioning is sufficiently 16,362
effective to prevent underground leakage from said THE well, the 16,363
obligations imposed upon such reservoir operator by this section 16,364
as to reconditioning such well shall be considered fully 16,365
satisfied. Any operator of a coal mine any part of the boundary 16,366
of which is, or within nine months is expected or intended to be, 16,367
within two thousand linear feet of such well, may at any time 16,368
raise a question as to whether the reconditioning of such well is 16,369
sufficiently effective to prevent underground leakage of gas 16,370
therefrom, and the issue so made shall be determined by a 16,371
364
conference or hearing as provided in section 1571.10 of the 16,373
Revised Code.
If the gas storage well inspector at any time finds that a 16,375
well which THAT is drilled through the horizon of a coal mine and 16,377
into or through the storage stratum or strata of a reservoir
within the boundary of such reservoir or within its protective 16,378
area, is located within the boundary of such coal mine or within 16,379
two thousand linear feet of such mine boundary, and was drilled 16,380
prior to the time Ohio THE statutes OF THIS STATE required that 16,381
wells be cased, and that such well fails to meet the casing and 16,383
equipping requirements prescribed in this division of this 16,384
section, the gas storage well inspector shall promptly notify the 16,385
operator of such reservoir thereof in writing, and such reservoir 16,386
operator upon receipt of such notice, shall promptly recondition 16,387
such well in the manner prescribed in this division for 16,388
reconditioning wells, unless, in a conference or hearing as 16,389
provided in section 1571.10 of the Revised Code, a different 16,390
course of action is agreed upon or ordered. 16,392
(F)(1) When a well within the boundary of a gas storage 16,394
reservoir or within such reservoir's protective area penetrates 16,395
the storage stratum or strata of such reservoir, but does not 16,396
penetrate the coal seam within the boundary of a coal mine, the 16,397
gas storage well inspector may, upon application of the operator 16,398
of such storage reservoir, exempt such well from the requirements 16,399
of this section. Either party affected by such action of the gas 16,400
storage well inspector may request a conference and hearing with 16,401
respect to such exemption. 16,402
(2) When a well located within the boundary of a storage 16,404
reservoir or a reservoir's protective area is a producing well in 16,405
a stratum above or below the storage stratum, the obligations 16,406
imposed by this section shall not begin until such well ceases to 16,407
be a producing well. 16,408
(G) When retreat mining reaches a point in a coal mine 16,410
when the operator of such mine expects that within ninety days 16,411
365
retreat work will be at the location of a pillar surrounding an 16,412
active storage reservoir well, the operator of such mine shall 16,413
promptly send by registered mail notice to that effect to the 16,414
operator of such reservoir. Thereupon the operators may by 16,415
agreement determine whether it is necessary or advisable to 16,416
temporarily inactivate the well. If inactivated, the well shall 16,417
not be reactivated until a reasonable period of time has elapsed, 16,418
such period of time to be determined by agreement by the 16,419
operators. In the event that the parties cannot agree upon 16,420
either of the foregoing matters, such question shall be submitted 16,421
to the gas storage well inspector for a conference in accordance 16,422
with section 1571.10 of the Revised Code. 16,423
(H)(1) The provisions of this section that require the 16,425
plugging or reconditioning of wells shall not apply to such wells 16,427
as are used to inject gas into, store gas in, or remove gas from, 16,428
a gas storage reservoir when the sole purpose of such injection, 16,429
storage, or removal, is "testing." The operator of a gas storage 16,430
reservoir who injects gas into, stores gas in, or removes gas 16,431
from, a reservoir for the sole purpose of testing, shall be 16,432
subject to all other provisions of this chapter that are 16,434
applicable to operators of reservoirs. 16,435
(2) If the injection of gas into, or storage of gas in, a 16,437
gas storage reservoir any part of which, or of the protective 16,438
area of which, is within the boundary of a coal mine, is begun 16,439
after September 9, 1957, and if such injection or storage of gas 16,440
is for the sole purpose of testing, the operator of such 16,441
reservoir shall send by registered mail to the operator of such 16,442
coal mine and to the division at least sixty days' notice of the 16,444
date upon which such testing will be begun.
If at any time within the period of time during which 16,446
testing of a reservoir is in progress, any part of such reservoir 16,447
or of its protective area comes within any part of the boundary 16,448
of a coal mine, the operator of such reservoir shall promptly 16,449
send notice to that effect by registered mail to the operator of 16,450
366
such mine and to the division. 16,451
(3) Any coal mine operator who receives a notice as 16,453
provided for in this division (H)(2) OF THIS SECTION, may within 16,455
thirty days of the receipt thereof, file with the division 16,456
objections to such testing. The gas storage well inspector also 16,457
may, within the time within which a coal mine operator may file 16,458
such objection, place in the files of the division objections to 16,459
such testing. The reservoir operator shall comply throughout the 16,460
period of the testing operations with all conditions and 16,461
requirements agreed upon and approved in the conference on such 16,462
objections conducted as provided in section 1571.10 of the 16,464
Revised Code, or in an order made by the chief following a 16,465
hearing in the matter as provided in section 1571.10 of the 16,467
Revised Code. If in complying with such agreement or order 16,468
either the reservoir operator or the coal mine operator 16,469
encounters or discovers conditions which THAT were not known to 16,470
exist at the time of such conference or hearing and which THAT 16,472
materially affect such agreement or order, or the ability of the 16,474
reservoir operator to comply therewith, either operator may apply 16,475
for a rehearing or modification of said THE order. 16,476
(I) In addition to complying with all other provisions of 16,478
this chapter and any lawful orders issued thereunder, the 16,481
operator of each gas storage reservoir shall keep all wells 16,482
drilled into or through the storage stratum or strata within the 16,483
boundary of his THE OPERATOR'S reservoir or within his THE 16,485
reservoir's protective area in such condition, and operate the 16,486
same in such manner, as to prevent the escape of gas therefrom 16,487
into any coal mine, and shall operate and maintain such storage 16,488
reservoir and its facilities in such manner and at such pressures 16,489
as will prevent gas from escaping from such reservoir or its 16,490
facilities into any coal mine.
Sec. 1571.06. (A) Distances between boundaries of gas 16,500
storage reservoirs, reservoir protective areas, coal mines, coal 16,501
mine protective areas, and wells, as shown on the most recent 16,502
367
maps of storage reservoirs and of coal mines filed with the 16,503
division of mines and reclamation MINERAL RESOURCES MANAGEMENT as 16,504
required by this chapter and sections 1563.03 to 1563.05 of the 16,505
Revised Code, may be accepted and relied upon as being accurate 16,508
and correct, by operators of coal mines and operators of 16,509
reservoirs. Data, statements, and reports filed with the 16,510
division as required by this chapter and sections 1563.03 to 16,511
1563.05 of the Revised Code may be likewise accepted and relied 16,513
upon. However, the gas storage well inspector or any reservoir 16,514
operator or coal mine operator, or any other person having a
direct interest in the matter, may at any time question the 16,515
accuracy or correctness of any map, data, statement, or report so 16,516
filed, with the division by notifying the division thereof in 16,518
writing. Such notice shall state the reasons why the question is 16,519
raised. When any such notice is so filed, the gas storage well 16,520
inspector shall proceed promptly to hold a conference on the 16,521
question thus raised, as provided in section 1571.10 of the 16,522
Revised Code. 16,523
(B) If, in any proceeding under this chapter, the accuracy 16,525
or correctness of any map, data, statement, or report, filed by 16,528
any person pursuant to the requirements of this chapter is in 16,530
question, the person so filing the same shall have the burden of
proving the accuracy or correctness thereof. 16,531
(C) The operator of a gas storage reservoir shall, at all 16,533
reasonable times, be permitted to inspect the premises and 16,534
facilities of any coal mine any part of the boundary of which is 16,535
within any part of the boundary of such gas storage reservoir or 16,536
within its protective area, and the operator of a coal mine 16,537
shall, at all reasonable times, be permitted to inspect the
premises and facilities of any gas storage reservoir any part of 16,538
the boundary of which or any part of the protective area of which 16,539
is within the boundary of such coal mine. In the event that 16,540
either such reservoir operator or such coal mine operator denies 16,541
permission to make any such inspection, the chief of the division 16,542
368
of mines and reclamation MINERAL RESOURCES MANAGEMENT on his THE 16,543
CHIEF'S own motion, or on an application by the operator desiring 16,545
to make such inspection, upon a hearing thereon if requested by
either operator, after reasonable notice of such hearing, may 16,546
make an order providing for such inspection. 16,547
Sec. 1571.08. (A) Whenever in this chapter, the method or 16,556
material to be used in discharging any obligations imposed by 16,559
this chapter is specified, an alternative method or material may 16,560
be used if approved by the gas storage well inspector or the 16,561
chief of the division of mines and reclamation MINERAL RESOURCES 16,562
MANAGEMENT. A person desiring to use such alternative method or 16,564
material shall file with the division of mines and reclamation 16,565
MINERAL RESOURCES MANAGEMENT an application for permission to do 16,568
so. Such application shall describe such alternative method or
material in reasonable detail. The gas storage well inspector 16,569
shall promptly send by registered mail notice of the filing of 16,570
such application to any coal mine operator or reservoir operator 16,571
whose mine or reservoir may be directly affected thereby. Any 16,572
such coal mine operator or reservoir operator may within ten days 16,573
following receipt of such notice, file with the division
objections to such application. The gas storage well inspector 16,574
may also file with the division an objection to such application 16,576
at any time during which coal mine operators or reservoir 16,578
operators are permitted to file objections. If no objections are 16,579
filed within said THE ten-day period of time, the gas storage 16,581
well inspector shall thereupon issue a permit approving the use
of such alternative method or material. If any such objections 16,582
are filed by any coal mine operator or reservoir operator, or by 16,583
the gas storage well inspector, the question as to whether or not 16,584
the use of such alternative method or material, or a modification 16,585
thereof is approved, shall be determined by a conference or 16,587
hearing as provided in section 1571.10 of the Revised Code. 16,588
(B) Whenever in this chapter, provision is made for the 16,591
filing of objections with the division, such objections shall be 16,592
369
in writing and shall state as definitely as is reasonably 16,593
possible the reasons for such objections. Upon the filing of any
such objection the gas storage well inspector shall promptly fix 16,594
the time and place for holding a conference for the purpose of 16,595
discussing and endeavoring to resolve by mutual agreement the 16,596
issue raised by such objection. The gas storage well inspector 16,597
shall send written notice thereof by registered mail to each 16,598
person having a direct interest therein. Thereupon the issue
made by such objection shall be determined by a conference or 16,599
hearing in accordance with the procedures for conferences and 16,600
hearings as provided in section 1571.10 of the Revised Code. 16,601
Sec. 1571.09. (A) The chief of the division of mines and 16,611
reclamation MINERAL RESOURCES MANAGEMENT or any officer or
employee of the division thereunto duly authorized by the chief 16,612
may investigate, inspect, or examine records and facilities of 16,613
any coal mine operator or reservoir operator, for the purpose of 16,615
determining the accuracy or correctness of any map, data, 16,616
statement, report, or other item or article, filed with or 16,617
otherwise received by the division pursuant to this chapter. 16,618
When a material question is raised by any reservoir operator or 16,620
coal mine operator as to the accuracy or correctness of any such 16,621
map, data, statement, report, or other item or article, which may 16,622
directly affect him THE RESERVOIR OPERATOR OR COAL MINE OPERATOR, 16,623
the matter shall be determined by a conference or hearing as 16,624
provided in section 1571.10 of the Revised Code. 16,625
(B) The division of mines and reclamation MINERAL 16,627
RESOURCES MANAGEMENT shall keep all maps, data, statements, 16,628
reports, well logs, notices, or other items or articles filed 16,629
with or otherwise received by it pursuant to the provisions of 16,630
this chapter in a safe place and conveniently accessible to 16,632
persons entitled to examine them. It shall maintain indexes of 16,633
all such items and articles so that any of them may be promptly 16,634
located. None of such items or articles shall be open to public 16,635
inspection, but: (1) any of such items or articles pertaining to 16,636
370
a mine may be examined by: the operator, owner, lessee, or agent 16,637
of such mine; persons financially interested in such mine; owners 16,638
of land adjoining such mine; the operator, owner, lessee, or
agent of a mine adjoining such mine; authorized representatives 16,639
of the persons employed to work in such mine; the operator of a 16,640
gas storage reservoir any part of the boundary of which or of the 16,641
boundary of its protective area is within ten thousand linear 16,642
feet of the boundary of such mine, or the agent of such reservoir 16,643
operator thereunto authorized by such reservoir operator; or any
employee of the division of geological survey of IN the state 16,645
DEPARTMENT of Ohio NATURAL RESOURCES thereunto duly authorized by 16,647
the chief of said THAT division; and (2) any of such items or 16,648
articles pertaining to a gas storage reservoir may be examined 16,649
by: the operator of such reservoir; the operator of a coal mine 16,650
any part of the boundary of which is within ten thousand linear 16,651
feet of the boundary of a gas storage reservoir or of the 16,652
boundary of its protective area, or the agent of such mine 16,653
operator thereunto authorized by such mine operator, or the
authorized representatives of the persons employed to work in 16,654
such mine; or any employee of the division of geological survey 16,655
of the state of Ohio thereunto duly authorized by the chief of 16,657
said THAT division. The division of mines and reclamation 16,659
MINERAL RESOURCES MANAGEMENT shall not permit any of such items 16,660
or articles to be removed from its office, and it shall not
furnish copies of any such items or articles to any person other 16,661
than as provided in this chapter. 16,662
The division shall keep a docket of all proceedings arising 16,664
under this chapter, in which shall be entered the dates of any 16,666
notice received or issued, the names of all persons to whom it 16,667
sends a notice, and the address of each, the dates of conferences
and hearings, and all findings, determinations, decisions, 16,668
rulings, and orders, or other actions by the division. 16,669
(C) Whenever any provision of this chapter requires the 16,671
division to give notice to the operator of a coal mine of any 16,673
371
proceeding to be held pursuant to any provision of said sections 16,674
THIS CHAPTER, the division shall simultaneously give a copy of 16,675
such notice to the authorized representatives of the persons 16,676
employed to work in such mine.
Sec. 1571.10. (A) The gas storage well inspector or any 16,686
person having a direct interest in the administration of this 16,687
chapter may at any time file with the division of mines and 16,688
reclamation MINERAL RESOURCES MANAGEMENT a written request that a 16,689
conference be held for the purpose of discussing and endeavoring 16,691
to resolve by mutual agreement any question or issue relating to
the administration of said sections THIS CHAPTER, or to 16,692
compliance with their ITS provisions, or to any violation 16,694
thereof. Such request shall describe the matter concerning which 16,695
the conference is requested. Thereupon the gas storage well
inspector shall promptly fix the time and place for the holding 16,696
of such conference and shall send written notice thereof to each 16,697
person having a direct interest therein. At such conference the 16,698
gas storage well inspector or a representative of the division 16,699
designated by him THE GAS STORAGE WELL INSPECTOR shall be in 16,700
attendance, and shall preside at the conference, and he THE GAS 16,701
STORAGE WELL INSPECTOR OR DESIGNATED REPRESENTATIVE may make such 16,702
recommendations as he THE GAS STORAGE WELL INSPECTOR OR 16,703
DESIGNATED REPRESENTATIVE deems proper. Any agreement reached at 16,704
such conference shall be consistent with the requirements of this 16,705
chapter and, if approved by the gas storage well inspector, it 16,708
shall be reduced to writing and shall be effective. Any such
agreement approved by the gas storage well inspector shall be 16,709
kept on file in the division and a copy thereof shall be 16,710
furnished to each of the persons having a direct interest 16,711
therein. The conference shall be deemed terminated as of the 16,712
date an approved agreement is reached or when any person having a
direct interest therein refuses to confer thereafter. Such a 16,713
conference shall be held in all cases prior to the holding of a 16,714
hearing as provided in this section. 16,715
372
(B) Within ten days after the termination of a conference 16,717
at which no approved agreement is reached, any person who 16,718
participated in such conference and who has a direct interest in 16,719
the subject matter thereof, or the gas storage well inspector, 16,720
may file with the chief of the division of mines and reclamation 16,721
MINERAL RESOURCES MANAGEMENT a request that he THE CHIEF hear and 16,722
determine the matter or matters, or any part thereof considered 16,725
at the conference. Thereupon the chief shall promptly fix the
time and place for the holding of such hearing and shall send 16,726
written notice thereof to each person having a direct interest 16,727
therein. The form of the request for such hearing and the 16,728
conduct of the hearing shall be in accordance with regulations 16,729
which RULES THAT the chief adopts and promulgates as provided in 16,730
division (C) of this UNDER section 1571.11 OF THE REVISED CODE. 16,731
Consistent with the requirement for reasonable notice each such 16,733
hearing shall be held promptly after the filing of the request 16,734
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 16,735
attorney. The division may present at such hearing any evidence 16,736
which THAT is material to the matter being heard and which THAT 16,737
has come to the division's attention in any investigation or 16,738
inspection made pursuant to provisions of this chapter. 16,739
(C) For the purpose of conducting such a hearing the chief 16,741
may require the attendance of witnesses and the production of 16,742
books, records, and papers, and he THE CHIEF may, and at the 16,743
request of any person having a direct interest in the matter 16,745
being heard, he THE CHIEF shall, issue subpoenas for witnesses or 16,746
subpoenas duces tecum to compel the production of any books, 16,747
records, or papers, directed to the sheriff SHERIFFS of the 16,748
counties where such witnesses are found, which subpoenas shall be 16,750
served and returned in the same manner as subpoenas in criminal 16,751
cases are served and returned. The fees and mileage of sheriffs
and witnesses shall be the same as those allowed by the court of 16,752
common pleas in criminal cases. Such fee and mileage expenses 16,753
373
shall be paid in advance by the persons at whose request they are 16,754
incurred, and the remainder of such expenses shall be paid out of 16,755
funds appropriated for the expenses of the division.
In case of disobedience or neglect of any subpoena served 16,757
on any person, or the refusal of any witness to testify to any 16,758
matter regarding which he THE WITNESS may be lawfully 16,760
interrogated, the court of common pleas of the county in which
such disobedience, neglect, or refusal occurs, or any judge 16,761
thereof, on application of the chief, shall compel obedience by 16,762
attachment proceedings for contempt as in the case of 16,763
disobedience of the requirements of a subpoena issued from such
court or a refusal to testify therein. Witnesses at such 16,764
hearings shall testify under oath, and the chief may administer 16,765
oaths or affirmations to persons who so testify. 16,766
(D) With the consent of the chief, the testimony of any 16,768
witness may be taken by deposition at the instance of a party to 16,769
any hearing before the chief at any time after hearing has been 16,770
formally commenced. The chief may, of his THE CHIEF'S own 16,771
motion, order testimony to be taken by deposition at any stage in 16,772
any hearing, proceeding,or investigation pending before him THE 16,773
CHIEF. Such deposition shall be taken in the manner prescribed 16,775
by the laws of Ohio THIS STATE for taking depositions in civil 16,777
cases in courts of record.
(E) After the conclusion of a hearing the chief shall make 16,779
a determination and finding of facts. Every adjudication, 16,780
determination, or finding by the chief shall be made by written 16,781
order and shall contain a written finding by the chief of the 16,782
facts upon which the adjudication, determination, or finding is 16,784
based. Notice of the making of such order shall be given to the
persons whose rights, duties, or privileges are affected thereby, 16,785
by sending a certified copy thereof by registered mail to each of 16,786
such persons.
Adjudications, determinations, findings, and orders made by 16,788
the chief shall not be governed by, or be subject to, sections 16,790
374
119.01 to 119.13 CHAPTER 119. of the Revised Code. 16,793
Sec. 1571.11. The chief of the division of mines and 16,802
reclamation MINERAL RESOURCES MANAGEMENT shall adopt regulations 16,804
RULES governing administrative procedures to be followed in the 16,805
administration of this chapter, which shall be of general 16,806
application in all matters and to all persons affected by this 16,807
chapter.
No regulation RULE adopted by said THE chief pursuant to 16,810
this section shall be effective until the tenth day after it has 16,811
been promulgated by the filing of a certified copy thereof HAS 16,812
BEEN FILED in the office of the secretary of state. 16,813
All regulations RULES filed in the office of the secretary 16,815
of state pursuant to this section shall be recorded by the 16,816
secretary of state under a heading entitled "Regulations relating 16,817
to the storage of gas in underground gas storage reservoirs", and 16,818
shall be numbered consecutively under such heading and shall bear 16,819
the date of filing. Such regulations RULES shall be public 16,820
records open to public inspection. 16,822
No regulation RULE filed in the office of the secretary of 16,824
state pursuant to this section shall be amended except by a 16,825
regulation which RULE THAT contains the entire regulation RULE as 16,827
amended and which THAT repeals the regulation RULE amended. Each 16,828
regulation which RULE THAT amends a regulation RULE shall bear 16,829
the same consecutive regulation RULE number as the number of the 16,831
regulation which RULE THAT it amends, and it shall bear the date 16,833
of filing.
No regulation RULE filed in the office of the secretary of 16,835
state pursuant to this section shall be repealed except by a 16,836
regulation RULE. Each regulation which RULE THAT repeals a 16,838
regulation RULE shall bear the same consecutive regulation RULE 16,839
number as the number of the regulation which RULE THAT it 16,840
repeals, and it shall bear the date of filing. 16,842
The authority and the duty of the chief to adopt and 16,844
promulgate regulations RULES as provided in this section shall 16,845
375
not be governed by, or be subject to sections 119.01 to 119.13 16,848
CHAPTER 119. of the Revised Code.
The chief shall have available at all times copies of all 16,850
regulations RULES adopted and promulgated pursuant to this 16,852
section, and shall furnish same free of charge to any person 16,853
requesting same.
Sec. 1571.14. Any person claiming to be aggrieved or 16,862
adversely affected by an order of the chief of the division of 16,863
mines and reclamation MINERAL RESOURCES MANAGEMENT made as 16,864
provided in section 1571.10 or 1571.16 of the Revised Code may 16,867
appeal to the director of natural resources for an order vacating 16,869
or modifying such order. Upon receipt of the appeal, the 16,870
director shall appoint an individual who has knowledge of the 16,871
laws and rules regarding the underground storage of gas and who 16,872
shall act as a hearing officer in accordance with Chapter 119. of 16,873
the Revised Code in hearing the appeal.
The person appealing to the director shall be known as 16,875
appellant and the chief shall be known as appellee. The 16,876
appellant and the appellee shall be deemed parties to the appeal. 16,877
The appeal shall be in writing and shall set forth the 16,879
order complained of and the grounds upon which the appeal is 16,880
based. The appeal shall be filed with the director within thirty 16,881
days after the date upon which appellant received notice by 16,882
registered mail of the making of the order complained of, as 16,883
required by section 1571.10 of the Revised Code. Notice of the 16,885
filing of such appeal shall be delivered by appellant to the 16,886
chief within three days after the appeal is filed with the 16,888
director.
Within seven days after receipt of the notice of appeal the 16,890
chief shall prepare and certify to the director at the expense of 16,891
appellant a complete transcript of the proceedings out of which 16,892
the appeal arises, including a transcipt TRANSCRIPT of the 16,893
testimony submitted to the chief. 16,895
Upon the filing of the appeal the director shall fix the 16,897
376
time and place at which the hearing on the appeal will be held, 16,898
and shall give appellant and the chief at least ten days' written 16,899
notice thereof by mail. The director may postpone or continue 16,900
any hearing upon his THE DIRECTOR'S own motion or upon 16,901
application of appellant or of the chief. 16,903
The filing of an appeal provided for in this section does 16,905
not automatically suspend or stay execution of the order appealed 16,906
from, but upon application by the appellant the director may 16,907
suspend or stay such execution pending determination of the 16,908
appeal upon such terms as he THE DIRECTOR deems proper. 16,909
The hearing officer appointed by the director shall hear 16,911
the appeal de novo, and either party to the appeal may submit 16,912
such evidence as the hearing officer deems admissible. 16,913
For the purpose of conducting a hearing on an appeal, the 16,915
hearing officer may require the attendance of witnesses and the 16,916
production of books, records, and papers, and may, and at the 16,917
request of any party shall, issue subpoenas for witnesses or 16,918
subpoenas duces tecum to compel the production of any books, 16,919
records, or papers, directed to the sheriff SHERIFFS of the 16,920
counties where such witnesses are found, which subpoenas shall be 16,922
served and returned in the same manner as subpoenas in criminal 16,923
cases are served and returned. The fees and mileage of sheriffs 16,924
and witnesses shall be the same as those allowed by the court of 16,925
common pleas in criminal cases. Such fee and mileage expenses 16,926
incurred at the request of appellant shall be paid in advance by 16,927
appellant, and the remainder of such expenses shall be paid out 16,928
of funds appropriated for the expenses of the division of mines 16,930
and reclamation MINERAL RESOURCES MANAGEMENT. 16,931
In case of disobedience or neglect of any subpoena served 16,933
on any person, or the refusal of any witness to testify to any 16,934
matter regarding which he THE WITNESS may be lawfully 16,935
interrogated, the court of common pleas of the county in which 16,937
such disobedience, neglect, or refusal occurs, or any judge 16,938
thereof, on application of the director, shall compel obedience 16,939
377
by attachment proceedings for contempt as in the case of 16,940
disobedience of the requirements of a subpoena issued from such 16,941
court or a refusal to testify therein. Witnesses at such 16,942
hearings shall testify under oath, and the hearing officer may 16,943
administer oaths or affirmations to persons who so testify. 16,944
At the request of any party to the appeal, a stenographic 16,946
record of the testimony and other evidence submitted shall be 16,947
taken by an official court shorthand reporter at the expense of 16,948
the party making the request therefor. The record shall include 16,949
all of the testimony and other evidence and the rulings on the 16,950
admissibility thereof presented at the hearing. The hearing 16,951
officer shall pass upon the admissibility of evidence, but any 16,952
party may at the time object to the admission of any evidence and 16,953
except to the ruling of the hearing officer thereon, and if the 16,954
hearing officer refuses to admit evidence, the party offering 16,955
same may make a proffer thereof, and such proffer shall be made a 16,956
part of the record of such hearing. 16,957
If upon completion of the hearing the hearing officer finds 16,959
that the order appealed from was lawful and reasonable, he THE 16,960
HEARING OFFICER shall make a written order affirming the order 16,962
appealed from. If the hearing officer finds that such order was 16,963
unreasonable or unlawful, he THE HEARING OFFICER shall make a 16,964
written order vacating the order appealed from and making the 16,966
order which THAT it finds the chief should have made. Every 16,967
order made by the hearing officer shall contain a written finding 16,968
by him THE HEARING OFFICER of the facts upon which the order is 16,970
based. Notice of the making of such order shall be given 16,971
forthwith to each party to the appeal by mailing a certified copy 16,972
thereof to each such party by registered mail.
Sec. 1571.16. (A) The gas storage well inspector or any 16,982
person having a direct interest in the subject matter of this
chapter may file with the division of mines and reclamation 16,984
MINERAL RESOURCES MANAGEMENT a complaint in writing stating that 16,986
a person is violating, or is about to violate, a provision or 16,987
378
provisions of those sections THIS CHAPTER, or has done, or is 16,988
about to do, an act, matter, or thing therein prohibited or 16,990
declared to be unlawful, or has failed, omitted, neglected, or 16,991
refused, or is about to fail, omit, neglect, or refuse, to 16,992
perform a duty enjoined upon him THE PERSON by this chapter. 16,994
Upon the filing of such a complaint, the chief of the division of 16,996
mines and reclamation MINERAL RESOURCES MANAGEMENT shall promptly 16,997
fix the time for the holding of a hearing on such complaint and 16,999
shall send by registered mail to the person so complained of, a 17,000
copy of such complaint together with at least five days' notice 17,001
of the time and place at which such hearing will be held. Such 17,002
notice of such hearing shall also be given to all persons having 17,003
a direct interest in the matters complained of in such complaint. 17,004
Such hearing shall be conducted in the same manner, and the chief 17,005
and persons having a direct interest in the matter being heard, 17,006
shall have the same powers, rights, and duties as provided in 17,007
divisions (B), (C), (D), and (E) of section 1571.10 of the 17,008
Revised Code, in connection with hearings by the chief;, provided 17,009
that if after conclusion of the hearing the chief finds that the 17,010
charges against the person complained of, as stated in such 17,011
complaint, have not been sustained by a preponderance of 17,012
evidence, he THE CHIEF shall make an order dismissing the 17,014
complaint, and if the chief finds that the charges have been so 17,015
sustained, he THE CHIEF shall by appropriate order require 17,016
compliance with those sections PROVISIONS. 17,017
(B) Whenever the chief is of the opinion that any person 17,019
is violating, or is about to violate, any provision of this 17,020
chapter, or has done, or is about to do, any act, matter, or 17,023
thing therein prohibited or declared to be unlawful, or has 17,024
failed, omitted, neglected, or refused, or is about to fail, 17,025
omit, neglect, or refuse, to perform any duty enjoined upon him 17,026
THE PERSON by this chapter, or has failed, omitted, neglected, or 17,028
refused, or is about to fail, omit, neglect, or refuse, to obey 17,029
any lawful requirement or order made by the chief, or any final 17,030
379
judgment, order, or decree made by any court pursuant to this 17,031
chapter, then and in every such case, the chief may institute in 17,033
a court of competent jurisdiction of the county or counties 17,034
wherein the operation is situated, an action to enjoin or 17,035
restrain such violations or to enforce obedience with law or the 17,036
orders of the chief. No injunction bond shall be required to be 17,037
filed in any such proceeding. Such persons or corporations as 17,038
the court may deem necessary or proper to be joined as parties in 17,039
order to make its judgment, order, or writ effective may be 17,040
joined as parties. An appeal may be taken as in other civil 17,041
actions.
(C) In addition to the other remedies as provided in 17,043
divisions (A) and (B) of this section, any reservoir operator or 17,044
coal mine operator affected by this chapter may proceed by 17,045
injunction or other appropriate remedy to restrain violations or 17,047
threatened violations of this chapter or of orders of the chief, 17,050
or of the hearing officer appointed under section 1571.14 of the 17,051
Revised Code, or the judgments, orders, or decrees of any court 17,053
or to enforce obedience therewith. 17,054
(D) Each remedy prescribed in divisions (A), (B), and (C) 17,056
of this section is deemed concurrent or contemporaneous with each 17,057
other remedy prescribed therein, and the existence or exercise of 17,058
any one such remedy shall not prevent the exercise of any other 17,059
such remedy. 17,060
(E) The provisions of this chapter providing for 17,062
conferences, hearings by the chief, appeals to the hearing 17,064
officer from orders of the chief, and appeals to the court of 17,066
common pleas from orders of the hearing officer, and the remedies 17,067
prescribed in divisions (A), (B), (C), and (D) of this section, 17,068
do not constitute the exclusive procedure which THAT a person, 17,069
who deems his THE PERSON'S rights to be unlawfully affected by 17,070
any official action taken thereunder, must pursue in order to 17,071
protect and preserve such rights, nor does this chapter 17,072
constitute A procedure which THAT such a person must pursue 17,074
380
before he THE PERSON may lawfully proceed by other actions, legal 17,076
or equitable, to protect and preserve such rights. 17,077
Sec. 1571.99. Any person who shall willfully violate 17,086
PURPOSELY VIOLATES any order of the chief of the division of 17,088
mines and reclamation MINERAL RESOURCES MANAGEMENT, of a hearing 17,089
officer appointed by the director of natural resources under 17,090
section 1571.14 of the Revised Code, or of the director, made 17,091
pursuant to this chapter shall be punished by a fine not 17,092
exceeding two thousand dollars, or imprisoned in jail for a
period not exceeding twelve months, or both, in the discretion of 17,093
the court.
Sec. 5749.02. (A) For the purpose of providing revenue to 17,102
administer the state's coal mining and reclamation regulatory 17,103
program, to meet the environmental and resource management needs 17,104
of this state, and to reclaim land affected by mining, an excise 17,105
tax is hereby levied on the privilege of engaging in the 17,106
severance of natural resources from the soil or water of this 17,107
state. The tax shall be imposed upon the severer and shall be: 17,108
(1) Seven cents per ton of coal; 17,110
(2) Four cents per ton of salt; 17,112
(3) Two cents per ton of limestone or dolomite; 17,114
(4) Two cents per ton of sand and gravel; 17,116
(5) Ten cents per barrel of oil; 17,118
(6) Two and one-half cents per thousand cubic feet of 17,120
natural gas; 17,121
(7) One cent per ton of clay, sandstone or conglomerate, 17,123
shale, gypsum, or quartzite. 17,124
(B) Of the moneys received by the treasurer of state from 17,126
the tax levied in division (A)(1) of this section, six and 17,127
three-tenths per cent shall be credited to the geological mapping 17,128
fund created in section 1505.09 of the Revised Code, fourteen and 17,129
two-tenths per cent shall be credited to the reclamation 17,131
supplemental forfeiture fund created in division (B) of section 17,132
1513.18 of the Revised Code, fifty-seven and nine-tenths per cent 17,133
381
shall be credited to the coal mining administration and 17,134
reclamation reserve fund created in section 1513.181 of the 17,135
Revised Code, and the remainder shall be credited to the 17,136
unreclaimed lands fund created in section 1513.30 of the Revised 17,137
Code. When, within ten days before or after the beginning of AT 17,138
ANY TIME DURING a fiscal year, the chief of the division of mines 17,139
and reclamation MINERAL RESOURCES MANAGEMENT finds that the 17,141
balance of the coal mining administration and reclamation reserve 17,142
fund is below two million dollars, the chief shall certify that 17,143
fact to the director of budget and management. Upon receipt of 17,144
the chief's certification, the director shall direct the 17,145
treasurer of state to instead credit to the coal mining 17,146
administration and reclamation reserve fund during the REMAINDER 17,147
OF THE fiscal year for which the certification is made the 17,149
fourteen and two-tenths per cent of the moneys collected from the 17,150
tax levied in division (A)(1) of this section and otherwise 17,151
required by this division to be credited to the reclamation 17,152
supplemental forfeiture fund.
Fifteen per cent of the moneys received by the treasurer of 17,154
state from the tax levied in division (A)(2) of this section 17,155
shall be credited to the geological mapping fund and the 17,156
remainder shall be credited to the unreclaimed lands fund. 17,157
Of the moneys received by the treasurer of state from the 17,159
tax levied in divisions (A)(3) and (4) of this section, seven and 17,160
five-tenths per cent shall be credited to the geological mapping 17,161
fund, forty-two and five-tenths per cent shall be credited to the 17,162
unreclaimed lands fund, and the remainder shall be credited to 17,163
the surface mining administration fund created in section 1514.11 17,165
1514.06 of the Revised Code.
Of the moneys received by the treasurer of state from the 17,167
tax levied in divisions (A)(5) and (6) of this section, ninety 17,169
per cent shall be credited to the oil and gas well fund created 17,170
in section 1509.02 of the Revised Code and ten per cent shall be 17,171
credited to the geological mapping fund. All of the moneys 17,173
382
received by the treasurer of state from the tax levied in
division (A)(7) of this section shall be credited to the surface 17,174
mining administration fund. 17,175
(C) For the purpose of paying the state's expenses for 17,177
reclaiming mined lands that the operator failed to reclaim under 17,179
a coal mining and reclamation permit issued under Chapter 1513. 17,180
of the Revised Code, or under a surface mining permit issued 17,181
under Chapter 1514. of the Revised Code, for which the operator's 17,183
bond is not sufficient to pay the state's expense for 17,184
reclamation, there is hereby levied an excise tax on the 17,185
privilege of engaging in the severance of coal from the soil or 17,186
water of this state in addition to the taxes levied by divisions 17,187
(A)(1) and (D) of this section. The tax shall be imposed at the 17,188
rate of one cent per ton of coal. Moneys received by the 17,190
treasurer of state from the tax levied under this division shall 17,191
be credited to the reclamation supplemental forfeiture fund
created in division (B) of section 1513.18 of the Revised Code. 17,193
(D) For the purpose of paying the state's expenses for 17,195
reclaiming coal mined lands that the operator failed to reclaim 17,196
in accordance with Chapter 1513. of the Revised Code under a coal 17,197
mining and reclamation permit issued after April 10, 1972, but 17,198
before September 1, 1981, for which the operator's bond is not 17,199
sufficient to pay the state's expense for reclamation and paying 17,200
the expenses for administering the state's coal mining and 17,201
reclamation regulatory program, there is hereby levied an excise 17,202
tax on the privilege of engaging in the severance of coal from 17,203
the soil or water of this state in addition to the taxes levied 17,204
by divisions (A)(1) and (C) of this section. The tax shall be 17,205
imposed at the rate of one cent per ton of coal as prescribed in 17,206
this division. Moneys received by the treasurer of state from 17,207
the tax levied by this division shall be credited to the 17,208
reclamation supplemental forfeiture fund created in division (B) 17,210
of section 1513.18 of the Revised Code. 17,211
When, at the close of any fiscal year, the chief finds that 17,213
383
the balance of the reclamation supplemental forfeiture fund, plus 17,215
estimated transfers to it from the coal mining and reclamation 17,216
reserve fund under section 1513.181 of the Revised Code, plus the 17,217
estimated revenues from the tax levied by this division for the 17,218
remainder of the calendar year that includes the close of the 17,219
fiscal year, are sufficient to complete the reclamation of such 17,220
lands, the purposes for which the tax under this division is 17,221
levied shall be deemed accomplished at the end of that calendar 17,222
year. The chief, within thirty days after the close of the 17,223
fiscal year, shall certify those findings to the tax 17,224
commissioner, and the tax shall cease to be imposed after the 17,226
last day of that calendar year.
(E) On the day fixed for the payment of the severance 17,228
taxes required to be paid by this section, the taxes with any 17,229
penalties or interest on them shall become a lien on all property 17,231
of the taxpayer in this state whether the property is employed by 17,233
the taxpayer in the prosecution of its business or is in the
hands of an assignee, trustee, or receiver for the benefit of 17,234
creditors or stockholders. The lien shall continue until the 17,235
taxes and any penalties or interest thereon are paid. 17,236
Upon failure of the taxpayer to pay a tax on the day fixed 17,238
for payment, the tax commissioner may file, for which no filing 17,239
fee shall be charged, in the office of the county recorder in 17,240
each county in this state in which the taxpayer owns or has a 17,241
beneficial interest in real estate, notice of the lien containing 17,242
a brief description of the real estate. The lien shall not be 17,243
valid as against any mortgagee, purchaser, or judgment creditor 17,244
whose rights have attached prior to the time the notice is filed 17,245
in the county in which the real estate that is the subject of the 17,247
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 17,249
"severance tax lien record" and indexed under the name of the
taxpayer charged with the tax. When the tax has been paid, the 17,250
tax commissioner shall furnish to the taxpayer an acknowledgement 17,251
384
of payment, which the taxpayer may record with the recorder of 17,252
each county in which notice of the lien has been filed. 17,253
Sec. 6111.044. Upon receipt of an application for an 17,262
injection well drilling permit, an injection well operating 17,263
permit, a renewal of an injection well operating permit, or a 17,264
modification of an injection well drilling permit, operating 17,265
permit, or renewal of an operating permit, the director of 17,266
environmental protection shall determine whether the application 17,267
is complete and demonstrates that the activities for which the 17,268
permit, renewal permit, or modification is requested will comply 17,269
with the Federal Water Pollution Control Act and regulations 17,270
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 17,271
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 17,272
under it; and this chapter and the rules adopted under it. If 17,273
the application demonstrates that the proposed activities will 17,274
not comply or will pose an unreasonable risk of inducing seismic 17,275
activity, inducing geologic fracturing, or contamination of an 17,276
underground source of drinking water, the director shall deny the 17,278
application. If the application does not make the required
demonstrations, the director shall return it to the applicant 17,279
with an indication of those matters about which a required 17,281
demonstration was not made. If the director determines that the 17,282
application makes the required demonstrations, the director shall 17,284
transmit copies of the application and all of the accompanying 17,285
maps, data, samples, and information to the chief of the division 17,286
of oil and gas MINERAL RESOURCES MANAGEMENT, the chief of the 17,288
division of geological survey, AND the chief of the division of 17,289
water, and, if the well is or is to be located in a coal-bearing 17,290
township, the chief of the division of mines and reclamation in 17,291
the department of natural resources.
The chief of the division of geological survey shall 17,293
comment upon the application if the chief determines that the 17,294
proposed well or injection will present an unreasonable risk of 17,296
loss or damage to valuable mineral resources. If the chief 17,297
385
submits comments on the application, those comments shall be 17,298
accompanied by an evaluation of the geological factors upon which 17,299
the comments are based, including fractures, faults, earthquake 17,300
potential, and the porosity and permeability of the injection 17,301
zone and confining zone, and by the documentation supporting the 17,302
evaluation. The director shall take into consideration the 17,303
chief's comments, and the accompanying evaluation of geologic 17,304
factors and supporting documentation, when considering the 17,305
application. The director shall provide written notice to the 17,306
chief of the director's decision on the application and, if the 17,308
chief's comments are not included in the permit, renewal permit, 17,309
or modification, of the director's rationale for not including 17,310
them.
The chief of the division of oil and gas MINERAL RESOURCES 17,312
MANAGEMENT shall comment upon the application if the chief 17,314
determines that the proposed well or injection will present an 17,315
unreasonable risk that waste or contamination of recoverable oil 17,316
or gas in the earth will occur. If the chief submits comments on 17,317
the application, those comments shall be accompanied by an 17,318
evaluation of the oil or gas reserves that, in the best 17,319
professional judgment of the chief, are recoverable and will be 17,320
adversely affected by the proposed well or injection, and by the 17,321
documentation supporting the evaluation. The director shall take 17,322
into consideration the chief's comments, and the accompanying 17,323
evaluation and supporting documentation, when considering the 17,324
application. The director shall provide written notice to the 17,325
chief of the director's decision on the application and, if the 17,327
chief's comments are not included in the permit, renewal permit, 17,328
or modification, of the director's rationale for not including 17,329
them.
The chief of the division of water shall assist the 17,331
director in determining whether all underground sources of 17,332
drinking water in the area of review of the proposed well or 17,333
injection have been identified and correctly delineated in the 17,334
386
application. If the application fails to identify or correctly 17,335
delineate an underground source of drinking water, the chief 17,337
shall provide written notice of that fact to the director.
The chief of the division of mines and reclamation MINERAL 17,339
RESOURCES MANAGEMENT ALSO shall review the application as 17,341
follows:
If the application concerns the drilling or conversion of a 17,343
well or the injection into a well that is not or is not to be 17,345
located within five thousand feet of the excavation and workings
of a mine, the chief of the division of mines and reclamation 17,347
MINERAL RESOURCES MANAGEMENT shall note upon the application that 17,348
it has been examined by the division of mines and reclamation 17,349
MINERAL RESOURCES MANAGEMENT, retain a copy of the application 17,350
and map, and immediately return a copy of the application to the 17,351
director.
If the application concerns the drilling or conversion of a 17,353
well or the injection into a well that is or is to be located 17,355
within five thousand feet, but more than five hundred feet from 17,356
the surface excavations and workings of a mine, the chief of the 17,357
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 17,358
immediately shall notify the owner or lessee of the mine that the 17,360
application has been filed and send to the owner or lessee a copy 17,361
of the map accompanying the application setting forth the 17,362
location of the well. The chief of the division of mines and 17,363
reclamation MINERAL RESOURCES MANAGEMENT shall note on the 17,364
application that the notice has been sent to the owner or lessee 17,366
of the mine, retain a copy of the application and map, and 17,367
immediately return a copy of the application to the director with 17,368
the chief's notation on it. 17,369
If the application concerns the drilling or conversion of a 17,371
well or the injection into a well that is or is to be located 17,373
within five thousand feet of the underground excavations and 17,374
workings of a mine or within five hundred feet of the surface 17,375
excavations and workings of a mine, the chief of the division of 17,377
387
mines and reclamation MINERAL RESOURCES MANAGEMENT immediately 17,378
shall notify the owner or lessee of the mine that the application 17,380
has been filed and send to the owner or lessee a copy of the map 17,381
accompanying the application setting forth the location of the 17,382
well. If the owner or lessee objects to the application, the 17,383
owner or lessee shall notify the chief of the division of mines 17,384
and reclamation MINERAL RESOURCES MANAGEMENT of the objection, 17,385
giving the reasons, within six days after the receipt of the 17,387
notice. If the chief of the division of mines and reclamation 17,388
MINERAL RESOURCES MANAGEMENT receives no objections from the 17,390
owner or lessee of the mine within ten days after the receipt of 17,391
the notice by the owner or lessee, or if in the opinion of the 17,392
chief of the division of mines and reclamation MINERAL RESOURCES 17,393
MANAGEMENT the objections offered by the owner or lessee are not 17,394
sufficiently well-founded, the chief shall retain a copy of the 17,395
application and map and return a copy of the application to the 17,396
director with any applicable notes concerning it. 17,397
If the chief of the division of mines and reclamation 17,399
MINERAL RESOURCES MANAGEMENT receives an objection from the owner 17,400
or lessee of the mine as to the application, within ten days 17,401
after receipt of the notice by the owner or lessee, and if in the 17,402
opinion of the chief the objection is well-founded, the chief 17,403
shall disapprove the application and immediately return it to the 17,404
director together with the chief's reasons for the disapproval. 17,405
The director promptly shall notify the applicant for the permit, 17,406
renewal permit, or modification of the disapproval. The 17,407
applicant may appeal the disapproval of the application by the 17,408
chief of the division of mines and reclamation MINERAL RESOURCES
MANAGEMENT to the mine examining board created under section 17,409
1561.10 of the Revised Code, and the board shall hear the appeal 17,410
in accordance with section 1561.53 of the Revised Code. The 17,411
appeal shall be filed within thirty days from the date the 17,413
applicant receives notice of the disapproval. No comments
concerning or disapproval of an application shall be delayed by 17,414
388
the chief of the division of mines and reclamation MINERAL 17,415
RESOURCES MANAGEMENT for more than fifteen days from the date of 17,416
sending of notice to the mine owner or lessee as required by this 17,417
section.
The director shall not approve an application for an 17,419
injection well drilling permit, an injection well operating 17,420
permit, a renewal of an injection well operating permit, or a 17,421
modification of an injection well drilling permit, operating 17,422
permit, or renewal of an operating permit for a well that is or 17,424
is to be located within three hundred feet of any opening of any
mine used as a means of ingress, egress, or ventilation for 17,425
persons employed in the mine, nor within one hundred feet of any 17,427
building or flammable structure connected with the mine and 17,428
actually used as a part of the operating equipment of the mine, 17,429
unless the chief of the division of mines and reclamation MINERAL
RESOURCES MANAGEMENT determines that life or property will not be 17,430
endangered by drilling and operating the well in that location. 17,431
Upon review by the chief of the division of oil and gas 17,433
MINERAL RESOURCES MANAGEMENT, the chief of the division of 17,434
geological survey, and the chief of the division of water, and if 17,436
the chief of the division of mines and reclamation MINERAL 17,437
RESOURCES MANAGEMENT has not disapproved the application, the 17,439
director shall issue a permit, renewal permit, or modification 17,440
with any terms and conditions that may be necessary to comply 17,441
with the Federal Water Pollution Control Act and regulations 17,443
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 17,444
(1974), 42 U.S.C.A. 300(f) as amended, and regulations adopted 17,445
under it; and this chapter and the rules adopted under it. The 17,446
director shall not issue a permit, renewal permit, or 17,447
modification to an applicant if the applicant or persons 17,448
associated with the applicant have engaged in or are engaging in 17,449
a substantial violation of this chapter that is endangering or 17,450
may endanger human health or the environment or if, in the case 17,451
of an applicant for an injection well drilling permit, the 17,452
389
applicant, at the time of applying for the permit, did not hold 17,453
an injection well operating permit or renewal of an injection 17,454
well drilling permit and failed to demonstrate sufficient 17,455
expertise and competency to operate the well in compliance with 17,456
the applicable provisions of this chapter. 17,457
If the director receives a disapproval from the chief of 17,459
the division of mines and reclamation MINERAL RESOURCES 17,460
MANAGEMENT regarding an application for an injection well 17,462
drilling or operating permit, renewal permit, or modification, if 17,463
required, the director shall issue an order denying the 17,464
application.
The director need not issue a proposed action under section 17,466
3745.07 of the Revised Code or hold an adjudication hearing under 17,467
that section and Chapter 119. of the Revised Code before issuing 17,468
or denying a permit, renewal permit, or modification of a permit 17,469
or renewal permit. Before issuing or renewing a permit to drill 17,470
or operate a class I injection well or a modification of it, the 17,472
director shall propose the permit, renewal permit, or
modification in draft form and shall hold a public hearing to 17,473
receive public comment on the draft permit, renewal permit, or 17,474
modification. At least fifteen days before the public hearing on 17,475
a draft permit, renewal permit, or modification, the director 17,476
shall publish notice of the date, time, and location of the 17,477
public hearing in at least one newspaper of general circulation 17,478
serving the area where the well is or is to be located. The 17,479
proposing of such a draft permit, renewal permit, or modification 17,480
does not constitute the issuance of a proposed action under 17,481
section 3745.07 of the Revised Code, and the holding of the 17,482
public hearing on such a draft permit, renewal permit, or 17,483
modification does not constitute the holding of an adjudication 17,484
hearing under that section and Chapter 119. of the Revised Code. 17,485
Appeals of orders other than orders of the chief of the division 17,487
of mines and reclamation MINERAL RESOURCES MANAGEMENT shall be
taken under sections 3745.04 to 3745.08 of the Revised Code. 17,489
390
The director may order that an injection well drilling 17,491
permit or an injection well operating permit or renewal permit be 17,492
suspended and that activities under it cease after determining 17,493
that those activities are occurring in violation of law, rule, 17,495
order, or term or condition of the permit. Upon service of a 17,496
copy of the order upon the permit holder or the permit holder's 17,498
authorized agent or assignee, the permit and activities under it 17,499
shall be suspended immediately without prior hearing and shall 17,501
remain suspended until the violation is corrected and the order 17,502
of suspension is lifted. If a violation is the second within a 17,503
one-year period, the director, after a hearing, may revoke the 17,504
permit. 17,505
The director may order that an injection well drilling 17,507
permit or an injection well operating permit or renewal permit be 17,508
suspended and that activities under it cease if the director has 17,510
reasonable cause to believe that the permit would not have been 17,511
issued if the information available at the time of suspension had 17,512
been available at the time a determination was made by one of the 17,513
agencies acting under authority of this section. Upon service of 17,514
a copy of the order upon the permit holder or the permit holder's 17,516
authorized agent or assignee, the permit and activities under it 17,517
shall be suspended immediately without prior hearing, but a 17,519
permit may not be suspended for that reason without prior hearing 17,520
unless immediate suspension is necessary to prevent waste or 17,521
contamination of oil or gas, comply with the Federal Water 17,522
Pollution Control Act and regulations adopted under it; the "Safe 17,524
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as 17,525
amended, and regulations adopted under it; and this chapter and 17,526
the rules adopted under it, or prevent damage to valuable mineral 17,527
resources, prevent contamination of an underground source of 17,528
drinking water, or prevent danger to human life or health. If 17,529
after a hearing the director determines that the permit would not 17,530
have been issued if the information available at the time of the 17,531
hearing had been available at the time a determination was made 17,532
391
by one of the agencies acting under authority of this section, 17,533
the director shall revoke the permit. 17,534
When a permit has been revoked, the permit holder or other 17,536
person responsible for it immediately shall plug the well in the 17,538
manner required by the director.
The director may issue orders to prevent or require 17,540
cessation of violations of this section, section 6111.043, 17,541
6111.045, 6111.046, or 6111.047 of the Revised Code, rules 17,542
adopted under any of those sections, and terms or conditions of 17,544
permits issued under any of them. The orders may require the 17,546
elimination of conditions caused by the violation. 17,547
Section 2. That existing sections 121.04, 124.24, 127.16, 17,549
1501.01, 1501.022, 1505.10, 1509.01, 1509.02, 1509.03, 1509.04, 17,550
1509.05, 1509.06, 1509.061, 1509.07, 1509.071, 1509.072, 1509.08, 17,551
1509.09, 1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 17,552
1509.17, 1509.18, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 17,553
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 17,554
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.36, 17,555
1509.38, 1509.39, 1509.40, 1510.01, 1510.08, 1513.01, 1513.02, 17,556
1513.03, 1513.07, 1513.072, 1513.073, 1513.08, 1513.09, 1513.11, 17,557
1513.13, 1513.15, 1513.16, 1513.161, 1513.17, 1513.18, 1513.181, 17,558
1513.20, 1513.21, 1513.22, 1513.23, 1513.24, 1513.25, 1513.26, 17,559
1513.27, 1513.28, 1513.29, 1513.30, 1513.31, 1513.32, 1513.33, 17,560
1513.34, 1513.35, 1513.36, 1513.37, 1513.39, 1513.40, 1513.41, 17,561
1514.02, 1514.021, 1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 17,562
1514.08, 1514.10, 1514.11, 1561.01, 1561.02, 1561.03, 1561.04, 17,563
1561.05, 1561.06, 1561.07, 1561.10, 1561.13, 1561.26, 1561.27, 17,564
1561.28, 1561.31, 1561.32, 1561.33, 1561.34, 1561.35, 1561.351, 17,566
1561.36, 1561.37, 1561.38, 1561.45, 1561.47, 1561.48, 1561.49, 17,567
1561.50, 1561.51, 1561.53, 1561.54, 1561.99, 1563.04, 1563.05, 17,568
1563.06, 1563.11, 1563.111, 1563.12, 1563.13, 1563.17, 1563.20, 17,569
1563.24, 1563.26, 1563.33, 1563.34, 1563.35, 1563.37, 1563.40, 17,570
1563.41, 1563.42, 1563.43, 1563.46, 1565.05, 1565.06, 1565.07, 17,571
1565.08, 1565.11, 1565.12, 1565.15, 1567.02, 1567.08, 1567.09, 17,572
392
1567.10, 1567.11, 1567.13, 1567.17, 1567.18, 1567.19, 1567.23, 17,573
1567.34, 1567.35, 1567.39, 1567.45, 1567.52, 1567.54, 1567.55, 17,574
1567.57, 1567.61, 1567.69, 1567.70, 1567.71, 1567.73, 1567.74, 17,575
1567.78, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 17,576
1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.99, 17,577
5749.02, and 6111.044 of the Revised Code are hereby repealed. 17,578
Section 3. That Section 72 of Am. Sub. H.B. 283 of the 17,580
123rd General Assembly be amended to read as follows: 17,581
"Sec. 72. DNR DEPARTMENT OF NATURAL RESOURCES 17,583
General Revenue Fund 17,585
GRF 725-401 Wildlife - GRF 17,588
Central Support $ 1,221,229 $ 1,268,315 17,590
GRF 725-404 Fountain Square 17,592
Rental Payments - OBA $ 1,087,000 $ 1,093,000 17,594
GRF 725-408 Reclamation and 17,596
Mining $ 2,406,020 $ 2,408,999 17,598
0 17,599
GRF 725-412 Reclamation 17,601
Commission $ 66,475 $ 68,165 17,603
0 17,604
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 17,608
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 17,612
0 17,613
GRF 725-423 Stream and Ground 17,615
Water Gauging $ 422,863 $ 459,387 17,617
GRF 725-425 Wildlife License 17,619
Reimbursement $ 1,000,000 $ 1,000,000 17,621
GRF 725-456 Canal Lands $ 414,783 $ 423,203 17,625
GRF 725-502 Soil and Water 17,627
Districts $ 11,414,494 $ 12,140,831 17,629
GRF 725-507 Conservation Reserve 17,631
Enhancement Program $ 2,000,000 $ 2,000,000 17,633
GRF 727-321 Division of Forestry $ 10,203,524 $ 10,081,427 17,637
393
GRF 728-321 Division of 17,639
Geological Survey $ 2,164,135 $ 2,270,778 17,641
GRF 729-321 Computer Information 17,643
Services &
Communications $ 1,172,567 $ 1,214,464 17,645
GRF 730-321 Division of Parks and 17,647
Recreation $ 35,255,224 $ 34,951,655 17,649
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 17,653
GRF 734-321 Division of Oil and 17,655
Gas $ 725,366 $ 1,614,957 17,657
0 17,658
GRF 736-321 Division of Chief 17,660
Engineer $ 4,371,204 $ 3,773,672 17,662
GRF 737-321 Division of Soil and 17,664
Water $ 4,092,866 $ 4,382,166 17,666
GRF 738-321 Office of Real Estate 17,668
and Land Management $ 3,099,898 $ 2,650,457 17,670
GRF 741-321 Division of Natural 17,672
Areas $ 3,415,305 $ 3,396,390 17,674
GRF 743-321 Division of Civilian 17,676
Conservation $ 5,100,636 $ 5,225,382 17,678
GRF 744-321 DIVISION OF MINERAL 17,680
RESOURCES MANAGEMENT $ 0 $ 4,216,084 17,682
TOTAL GRF General Revenue Fund $ 109,359,324 $ 107,295,291 17,685
General Services Fund Group 17,688
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 17,693
157 725-651 Central Support 17,695
Indirect $ 7,302,432 $ 7,273,923 17,697
158 725-604 Natural Resources 17,699
Publication Center
Intrastate $ 79,170 $ 80,154 17,701
161 725-635 Parks Facilities 17,703
Maintenance $ 2,666,395 $ 2,737,935 17,705
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 17,709
394
204 725-687 Information Services $ 2,217,392 $ 2,145,631 17,713
206 725-689 REALM Support 17,715
Services $ 447,811 $ 473,152 17,717
207 725-690 Real Estate $ 53,924 $ 55,320 17,721
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 17,725
4S9 725-622 NatureWorks Personnel $ 687,136 $ 690,700 17,729
4X8 725-662 Water Planning 17,731
Council $ 262,900 $ 269,700 17,733
430 725-671 Canal Lands $ 1,029,302 $ 998,044 17,737
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 17,741
508 725-684 Natural Resources 17,743
Publication Center
Interstate $ 393,166 $ 361,877 17,745
510 725-631 Maintenance - 17,747
state-owned
residences $ 230,669 $ 220,771 17,749
516 725-620 Water Management $ 2,407,372 $ 2,404,055 17,753
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 17,757
635 725-664 Fountain Square 17,759
Facilities Management $ 2,595,957 $ 2,699,355 17,761
697 725-670 Submerged Lands $ 547,762 $ 567,920 17,765
TOTAL GSF General Services 17,766
Fund Group $ 26,027,212 $ 26,460,401 17,769
Federal Special Revenue Fund Group 17,772
3B3 725-640 Federal Forest 17,775
Pass-Thru $ 55,000 $ 55,000 17,777
3B4 725-641 Federal Flood 17,779
Pass-Thru $ 185,000 $ 190,000 17,781
3B5 725-645 Federal Abandoned 17,783
Mine Lands $ 7,418,833 $ 7,630,403 17,785
3B6 725-653 Federal Land and 17,787
Water Conservation $ 130,000 $ 120,000 17,789
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 17,793
395
3P0 725-630 Natural Areas and 17,795
Preserves-Federal $ 262,400 $ 185,000 17,797
3P1 725-632 Geological 17,799
Survey-Federal $ 350,000 $ 350,000 17,801
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 17,805
3P3 725-650 Real Estate and Land 17,807
Management-Federal $ 2,857,755 $ 3,185,120 17,809
3P4 725-660 Water-Federal $ 180,000 $ 180,000 17,813
3R5 725-673 Acid Mine Drainage 17,815
Abatement/Treatment $ 600,000 $ 600,000 17,817
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 17,821
332 725-669 Federal Mine Safety 17,823
Grant $ 133,095 $ 137,056 17,825
TOTAL FED Federal Special Revenue 17,826
Fund Group $ 15,628,229 $ 16,027,961 17,829
State Special Revenue Fund Group 17,832
4B8 725-617 Forestry Development $ 25,000 $ 25,000 17,837
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 17,841
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 17,845
4U6 725-668 Scenic Rivers 17,847
Protection $ 261,307 $ 268,431 17,849
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 17,853
509 725-602 State Forest $ 1,520,379 $ 1,440,326 17,857
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 17,861
512 725-605 State Parks 17,863
Operations $ 27,150,223 $ 27,048,732 17,865
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 17,869
518 725-643 Oil and Gas Permit 17,871
Fees $ 3,118,829 $ 2,378,496 17,873
518 725-677 Oil and Gas Well 17,875
Plugging $ 800,000 $ 800,000 17,877
521 725-627 Off-Road Vehicle 17,879
Trails $ 62,036 $ 63,790 17,881
396
522 725-656 Natural Areas 17,883
Checkoff Funds $ 745,301 $ 766,169 17,885
525 725-608 Reclamation 17,887
Forfeiture $ 597,082 $ 597,664 17,889
0 17,890
526 725-610 Strip Mining 17,892
Administration Fees $ 1,956,599 $ 2,006,000 17,894
2,356,000 17,895
527 725-637 Surface Mining 17,897
Administration $ 1,964,078 $ 2,016,050 17,899
2,107,001 17,900
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 17,904
530 725-647 Surface Mining 17,906
Reclamation $ 76,725 $ 78,951 17,908
0 17,909
531 725-648 Reclamation 17,911
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 17,913
1,987,065 17,914
532 725-644 Litter Control and 17,916
Recycling $ 10,965,210 $ 11,264,587 17,918
615 725-661 Dam Safety $ 136,633 $ 139,237 17,922
TOTAL SSR State Special Revenue 17,923
Fund Group $ 53,953,325 $ 53,329,615 17,926
53,691,615 17,927
Wildlife Fund Group 17,930
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 17,935
015 740-321 Division of Wildlife 17,937
Conservation $ 40,345,888 $ 41,400,117 17,939
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 17,943
815 725-636 Cooperative 17,945
Management Projects $ 148,850 $ 153,166 17,947
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 17,951
397
817 725-655 Wildlife Conservation 17,953
Checkoff Fund $ 1,301,143 $ 1,327,577 17,955
818 725-629 Cooperative Fisheries 17,957
Research $ 918,004 $ 943,708 17,959
819 725-685 Ohio River Management $ 119,302 $ 122,748 17,963
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 17,966
Waterways Safety Fund Group 17,969
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 17,974
086 725-416 Natural Areas Marine 17,976
Patrol $ 25,000 $ 25,000 17,978
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 17,982
086 725-418 Buoy Placement $ 39,298 $ 40,267 17,986
086 725-501 Waterway Safety 17,988
Grants $ 128,024 $ 131,609 17,990
086 725-506 Watercraft Marine 17,992
Patrol $ 359,800 $ 369,875 17,994
086 725-513 Watercraft 17,996
Educational Grants $ 128,500 $ 132,098 17,998
086 739-321 Division of 18,000
Watercraft $ 14,865,111 $ 15,142,223 18,002
880 725-614 Cooperative Boat 18,004
Harbor Projects $ 108,637 $ 111,679 18,006
TOTAL WSF Waterways Safety Fund 18,007
Group $ 18,770,772 $ 19,068,786 18,010
Holding Account Redistribution Fund Group 18,013
R17 725-659 Performance Cash Bond 18,016
Refunds $ 265,000 $ 265,500 18,018
R29 725-607 Reclamation Fee 18,020
Refund $ 350,000 $ 350,000 18,022
0 18,023
R30 725-638 Surface Mining 18,025
Reclamation Fees $ 12,000 $ 12,000 18,027
0 18,028
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 18,032
398
TOTAL 090 Holding Account 18,033
Redistribution Fund Group $ 2,377,000 $ 2,377,500 18,036
2,015,500 18,037
Accrued Leave Liability Fund Group 18,040
4M8 725-675 FOP Contract $ 17,551 $ 17,990 18,045
TOTAL ALF Accrued Leave 18,046
Liability Fund Group $ 17,551 $ 17,990 18,049
TOTAL ALL BUDGET FUND GROUPS $ 271,514,822 $ 271,143,437" 18,052
Section 4. That existing Section 72 of Am. Sub. H.B. 283 18,055
of the 123rd General Assembly is hereby repealed. 18,056
Section 5. Division of Mineral Resources Management Fund 18,058
Consolidations 18,059
On July 1, 2000, or as soon thereafter as possible, the 18,061
Director of Budget and Management shall transfer to appropriation 18,062
item 744-321, division of Mineral Resources Management, any 18,063
amounts that accrue as of June 30, 2000, from the following 18,064
appropriation items: 725-408, Reclamation and Mining; 725-412,
Reclamation Commission; 725-415, Mine Examining Board; and 18,065
734-321, Division of Oil and Gas. The Director of Budget and 18,066
Management shall cancel any remaining outstanding encumbrances 18,067
against appropriation items 725-408, 725-412, 725-415, and 18,068
734-321, and reestablish them against appropriation item 744-321, 18,069
Division of Mineral Resources Management.
On July 1, 2000, or as soon thereafter as possible, the 18,071
Director of Budget and Management shall transfer the cash 18,072
balances of the Reclamation Forfeiture Fund (Fund 525) and the 18,073
Reclamation Supplemental Forfeiture Fund (Fund 531) as of June 18,074
30, 2000, and any amounts that accrue to those funds after that
date, to the Reclamation Forfeiture Fund (Fund 531). The 18,075
Director shall cancel any remaining outstanding encumbrances 18,076
against appropriation items 725-608, Reclamation Forfeiture, and 18,077
725-648, Reclamation Supplemental Forfeiture, and reestablish 18,078
them against appropriation number 725-648, Reclamation
Forfeiture.
399
On July 1, 2000, or as soon thereafter as possible, the 18,080
Director of Budget and Management shall transfer the cash 18,081
balances of the Surface Mining Reclamation Fund (Fund 530) and 18,082
the Surface Mining Administration Fund (Fund 527) as of June 30, 18,083
2000, and any amounts that accrue to those funds after that date,
to the Surface Mining Fund (Fund 527). The Director shall cancel 18,084
any remaining outstanding encumbrances against appropriation 18,085
items 725-647, Surface Mining Reclamation, and 725-637, Surface 18,086
Mining Administration, and reestablish them against appropriation 18,087
item 725-637, Surface Mining.
On July 1, 2000, or as soon thereafter as possible, the 18,089
Director of Budget and Management shall transfer the cash 18,090
balances of the Reclamation Fee Refund Fund (Fund R29) to the 18,091
Coal Mining Administration and Reclamation Reserve Fund (Fund 18,092
526).
On July 1, 2000, or as soon thereafter as possible, the 18,094
Director of Budget and Management shall transfer the cash 18,095
balances of the Surface Mining Reclamation Fund (Fund R30) to the 18,096
Surface Mining Fund (Fund 527).
Section 6. Section 127.16 of the Revised Code is amended 18,098
by this act and also by Am. Sub. H.B. 470 of the 123rd General 18,099
Assembly (effective July 1, 2000). The amendments of Am. Sub. 18,100
H.B. 470 are included in this act in lower case to confirm the 18,101
intention to retain them, but are not intended to be effective 18,102
until July 1, 2000. 18,103
Section 7. Section 121.04 of the Revised Code is presented 18,105
in this act as a composite of the section as amended by both Am. 18,106
Sub. H.B. 215 and Am. Sub. S.B. 87 of the 122nd General Assembly, 18,107
with the new language of neither of the acts shown in capital 18,108
letters. Section 1501.01 of the Revised Code is presented in 18,109
this act as a composite of the section as amended by both Sub. 18,111
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General Assembly, with 18,112
the new language of neither of the acts shown in capital letters.
Section 1513.17 of the Revised Code is presented in this act as a 18,113
400
composite of the section as amended by both Am. Sub. S.B. 2 and 18,114
Am. Sub. S.B. 162 of the 121st General Assembly, with the new 18,115
language of neither of the acts shown in capital letters. Section 18,116
1561.26 of the Revised Code is presented in this act as a 18,117
composite of the section as amended by both Am. Sub. S.B. 162 and 18,118
Am. Sub. S.B. 150 of the 121st General Assembly, with the new 18,119
language of neither of the acts shown in capital letters. This 18,120
is in recognition of the principle stated in division (B) of 18,121
section 1.52 of the Revised Code that such amendments are to be 18,122
harmonized where not substantively irreconcilable and constitutes 18,123
a legislative finding that such are the resulting versions in 18,124
effect prior to the effective date of this act. 18,125
Section 8. This act is hereby declared to be an emergency 18,127
measure necessary for the immediate preservation of the public 18,128
peace, health, and safety. The reason for such necessity is that 18,129
the merger of the Division of Oil and Gas with the Division of 18,130
Mines and Reclamation is needed during the current fiscal year in 18,131
order to facilitate efficiency in the operation of the Department 18,132
of Natural Resources. Therefore, this act shall go into 18,133
immediate effect. 18,134