As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 601 5
1999-2000 6
REPRESENTATIVES VESPER-AMSTUTZ-GARDNER-TERWILLEGER-WILLAMOWSKI- 8
CORBIN-HOLLISTER-R. MILLER 9
_________________________________________________________________ 10
A B I L L
To amend sections 121.04, 124.24, 127.16, 1501.01, 12
1501.022, 1505.10, 1509.01 to 1509.05, 1509.06, 13
1509.061, 1509.07, 1509.071, 1509.072, 1509.08, 14
1509.09 to 1509.15, 1509.17, 1509.18, 1509.21,
1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 15
1509.225, 1509.226, 1509.23 to 1509.29, 1509.31 16
to 1509.33, 1509.36, 1509.38 to 1509.40, 1510.01, 17
1510.08, 1513.01 to 1513.03, 1513.07, 1513.072, 18
1513.073, 1513.08, 1513.09, 1513.11, 1513.13,
1513.15, 1513.16, 1513.161, 1513.17, 1513.18, 19
1513.181, 1513.20 to 1513.37, 1513.39 to 1513.41, 20
1514.02, 1514.021, 1514.03 to 1514.08, 1514.10, 21
1514.11, 1561.01 to 1561.07, 1561.10, 1561.13,
1561.26 to 1561.28, 1561.31 to 1561.35, 1561.351, 22
1561.36 to 1561.38, 1561.45, 1561.47 to 1561.51, 23
1561.53, 1561.54, 1561.99, 1563.04 to 1563.06, 24
1563.11, 1563.111, 1563.12, 1563.13, 1563.17, 26
1563.20, 1563.24, 1563.26, 1563.33 to 1563.35,
1563.37, 1563.40 to 1563.43, 1563.46, 1565.05 to 27
1565.08, 1565.11, 1565.12, 1565.15, 1567.02, 28
1567.08 to 1567.11, 1567.13, 1567.17 to 1567.19,
1567.23, 1567.34, 1567.35, 1567.39, 1567.45, 29
1567.52, 1567.54, 1567.55, 1567.57, 1567.61, 30
1567.69 to 1567.71, 1567.73, 1567.74, 1567.78, 31
1571.01 to 1571.06, 1571.08 to 1571.11, 1571.14,
1571.16, 1571.99, 5749.02, and 6111.044 of the 32
Revised Code and to amend Section 72 of Am. Sub. 33
2
H.B. 283 of the 123rd General Assembly to create 34
the Division of Mineral Resources Management in 35
the Department of Natural Resources by combining
the Division of Mines and Reclamation with the 36
Division of Oil and Gas, and to declare an 37
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 39
Section 1. That sections 121.04, 124.24, 127.16, 1501.01, 41
1501.022, 1505.10, 1509.01, 1509.02, 1509.03, 1509.04, 1509.05, 42
1509.06, 1509.061, 1509.07, 1509.071, 1509.072, 1509.08, 1509.09, 43
1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 44
1509.18, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 45
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 46
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.36, 47
1509.38, 1509.39, 1509.40, 1510.01, 1510.08, 1513.01, 1513.02, 48
1513.03, 1513.07, 1513.072, 1513.073, 1513.08, 1513.09, 1513.11, 49
1513.13, 1513.15, 1513.16, 1513.161, 1513.17, 1513.18, 1513.181, 50
1513.20, 1513.21, 1513.22, 1513.23, 1513.24, 1513.25, 1513.26, 51
1513.27, 1513.28, 1513.29, 1513.30, 1513.31, 1513.32, 1513.33, 52
1513.34, 1513.35, 1513.36, 1513.37, 1513.39, 1513.40, 1513.41, 53
1514.02, 1514.021, 1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 54
1514.08, 1514.10, 1514.11, 1561.01, 1561.02, 1561.03, 1561.04, 55
1561.05, 1561.06, 1561.07, 1561.10, 1561.13, 1561.26, 1561.27, 56
1561.28, 1561.31, 1561.32, 1561.33, 1561.34, 1561.35, 1561.351, 58
1561.36, 1561.37, 1561.38, 1561.45, 1561.47, 1561.48, 1561.49, 59
1561.50, 1561.51, 1561.53, 1561.54, 1561.99, 1563.04, 1563.05, 60
1563.06, 1563.11, 1563.111, 1563.12, 1563.13, 1563.17, 1563.20, 61
1563.24, 1563.26, 1563.33, 1563.34, 1563.35, 1563.37, 1563.40, 62
1563.41, 1563.42, 1563.43, 1563.46, 1565.05, 1565.06, 1565.07, 63
1565.08, 1565.11, 1565.12, 1565.15, 1567.02, 1567.08, 1567.09, 64
1567.10, 1567.11, 1567.13, 1567.17, 1567.18, 1567.19, 1567.23, 65
1567.34, 1567.35, 1567.39, 1567.45, 1567.52, 1567.54, 1567.55, 66
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1567.57, 1567.61, 1567.69, 1567.70, 1567.71, 1567.73, 1567.74, 67
1567.78, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 68
1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.99, 69
5749.02, and 6111.044 of the Revised Code be amended to read as 70
follows:
Sec. 121.04. Offices are created within the several 79
departments as follows: 80
In the department of commerce: 82
Commissioner of securities; 84
Superintendent of real estate and professional 85
licensing;
Superintendent of financial institutions; 86
Fire marshal; 87
Beginning on July 1, 1997, 88
Superintendent of liquor control; 89
Superintendent of industrial compliance. 90
In the department of administrative services: 92
State architect and engineer; 94
Equal employment opportunity coordinator. 95
In the department of agriculture: 97
Chiefs of divisions as follows: 99
Administration; 101
Animal industry; 102
Dairy; 103
Food safety; 104
Plant industry; 105
Markets; 106
Meat inspection; 107
Consumer analytical laboratory; 108
Amusement ride safety; 109
Enforcement; 110
Weights and measures. 111
In the department of natural resources: 113
Chiefs of divisions as follows: 115
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Water; 117
Mines and Reclamation MINERAL RESOURCES 118
MANAGEMENT;
Forestry; 119
Natural areas and preserves; 120
Wildlife; 121
Geological survey; 122
Parks and recreation; 123
Watercraft; 124
Oil and gas; 125
Recycling and litter prevention; 126
Civilian conservation; 127
Soil and water conservation; 128
Real estate and land management; 129
Engineering. 130
Until July 1, 1997, in the department of liquor control: 132
Chiefs of divisions as follows: Accounting and finance; 136
Store management; 137
Personnel; 138
Beer. 139
In the department of insurance: 142
Deputy superintendent of insurance; 144
Assistant superintendent of insurance, technical; 145
Assistant superintendent of insurance, 146
administrative; 147
Assistant superintendent of insurance, research. 148
Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and 158
145.01 to 145.57 of the Revised Code, the examinations of 159
applicants for the position POSITIONS of deputy mine inspector, 160
superintendent of rescue stations, assistant superintendent of 161
rescue stations, electrical inspectors, gas storage well 162
inspector, and mine chemists in the division of mines and 163
reclamation MINERAL RESOURCES MANAGEMENT, department of natural 165
5
resources, as provided in Chapters 1561., 1563., 1565., and 1567. 166
of the Revised Code shall be provied PROVIDED for, conducted, and 168
administered by the mine examining board created by section 169
1561.10 of the Revised Code.
From the returns of the examinations the mine examining 171
board shall prepare eligible lists of the persons whose general 172
average standing upon examinations for such grade or class is not 173
less than the minimum fixed by the rules of said THE board and 174
who are otherwise eligible. All appointments to the said A 176
position shall be made from such eligible list in the same manner 177
as appointments are made from eligible lists prepared by the 178
director of administrative services. Any person upon being 179
appointed to fill one of the positions provided for in this 180
section, from any such eligible list, shall have the same 181
standing, rights, privileges, and status as other state employees 182
in the classified service. 183
Sec. 127.16. (A) Upon the request of either a state 193
agency or the director of budget and management and after the 194
controlling board determines that an emergency or a sufficient 195
economic reason exists, the controlling board may approve the 197
making of a purchase without competitive selection as provided in
division (B) of this section. 198
(B) Except as otherwise provided in this section, no state 200
agency, using money that has been appropriated to it directly, 201
shall: 202
(1) Make any purchase from a particular supplier, that 204
would amount to fifty thousand dollars or more when combined with 205
both the amount of all disbursements to the supplier during the 206
fiscal year for purchases made by the agency and the amount of 207
all outstanding encumbrances for purchases made by the agency 208
from the supplier, unless the purchase is made by competitive 209
selection or with the approval of the controlling board; 210
(2) Lease real estate from a particular supplier, if the 212
lease would amount to seventy-five thousand dollars or more when 213
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combined with both the amount of all disbursements to the 214
supplier during the fiscal year for real estate leases made by 215
the agency and the amount of all outstanding encumbrances for 216
real estate leases made by the agency from the supplier, unless 217
the lease is made by competitive selection or with the approval 218
of the controlling board. 219
(C) Any person who authorizes a purchase in violation of 221
division (B) of this section shall be liable to the state for any 222
state funds spent on the purchase, and the attorney general shall 223
collect the amount from the person. 224
(D) Nothing in division (B) of this section shall be 226
construed as: 227
(1) A limitation upon the authority of the director of 229
transportation as granted in sections 5501.17, 5517.02, and 230
5525.14 of the Revised Code; 231
(2) Applying to medicaid provider agreements under Chapter 233
5111. of the Revised Code or payments or provider agreements 236
under disability assistance medical assistance established under 237
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 239
supplier by a state licensing board under Title XLVII of the 240
Revised Code; 241
(4) Applying to entertainment contracts for the Ohio state 243
fair entered into by the Ohio expositions commission, provided 244
that the controlling board has given its approval to the 245
commission to enter into such contracts and has approved a total 246
budget amount for such contracts as agreed upon by commission 247
action, and that the commission causes to be kept itemized 248
records of the amounts of money spent under each contract and 249
annually files those records with the clerk of the house of 251
representatives and the clerk of the senate following the close 252
of the fair;
(5) Limiting the authority of the chief of the division of 254
mines and reclamation MINERAL RESOURCES MANAGEMENT to contract 255
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for reclamation work with an operator mining adjacent land as 257
provided in section 1513.27 of the Revised Code; 258
(6) Applying to investment transactions and procedures of 260
any state agency, except that the agency shall file with the 261
board the name of any person with whom the agency contracts to 262
make, broker, service, or otherwise manage its investments, as 263
well as the commission, rate, or schedule of charges of such 264
person with respect to any investment transactions to be 265
undertaken on behalf of the agency. The filing shall be in a 266
form and at such times as the board considers appropriate. 267
(7) Applying to purchases made with money for the per cent 269
for arts program established by section 3379.10 of the Revised 270
Code; 271
(8) Applying to purchases made by the rehabilitation 273
services commission of services, or supplies, that are provided 274
to persons with disabilities, or to purchases made by the 275
commission in connection with the eligibility determinations it 276
makes for applicants of programs administered by the social 277
security administration; 278
(9) Applying to payments by the department of job and 280
family services under section 5111.13 of the Revised Code for 282
group health plan premiums, deductibles, coinsurance, and other 283
cost-sharing expenses; 284
(10) Applying to any agency of the legislative branch of 286
the state government; 287
(11) Applying to agreements or contracts entered into 289
under section 5101.11, 5101.21, or 5101.211 of the Revised Code; 290
(12) Applying to purchases of services by the adult parole 292
authority under section 2967.14 of the Revised Code or by the 293
department of youth services under section 5139.08 of the Revised 294
Code; 295
(13) Applying to dues or fees paid for membership in an 297
organization or association; 298
(14) Applying to purchases of utility services pursuant to 300
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section 9.30 of the Revised Code; 301
(15) Applying to purchases made in accordance with rules 303
adopted by the department of administrative services of motor 304
vehicle, aviation, or watercraft fuel, or emergency repairs of 305
such vehicles; 306
(16) Applying to purchases of tickets for passenger air 308
transportation; 309
(17) Applying to purchases necessary to provide public 311
notifications required by law or to provide notifications of job 312
openings; 313
(18) Applying to the judicial branch of state government; 315
(19) Applying to purchases of liquor for resale by the 317
department or, on and after July 1, 1997, the division of liquor 318
control;
(20) Applying to purchases of motor courier and freight 320
services made in accordance with department of administrative 321
services rules; 322
(21) Applying to purchases from the United States postal 324
service and purchases of stamps and postal meter replenishment 325
from vendors at rates established by the United States postal 326
service; 327
(22) Applying to purchases of books, periodicals, 329
pamphlets, newspapers, maintenance subscriptions, and other 330
published materials; 331
(23) Applying to purchases from other state agencies, 333
including state-assisted institutions of higher education; 334
(24) Limiting the authority of the director of 336
environmental protection to enter into contracts under division 337
(D) of section 3745.14 of the Revised Code to conduct compliance 338
reviews, as defined in division (A) of that section; 339
(25) Applying to purchases from a qualified nonprofit 341
agency pursuant to sections 4115.31 to 4115.35 of the Revised 342
Code; 343
(26) Applying to payments by the department of job and 345
9
family services to the United States department of health and 347
human services for printing and mailing notices pertaining to the 348
tax refund offset program of the internal revenue service of the 349
United States department of the treasury; 350
(27) Applying to contracts entered into by the department 352
of mental retardation and developmental disabilities under 353
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 354
(28) Applying to payments made by the department of mental 356
health under a physician recruitment program authorized by 357
section 5119.101 of the Revised Code; 358
(29) Applying to contracts entered into with persons by 360
the director of commerce for unclaimed funds collection and 361
remittance efforts as provided in division (F) of section 169.03 363
of the Revised Code. The director shall keep an itemized 366
accounting of unclaimed funds collected by those persons and 367
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 369
higher education in accordance with the terms of a contract 371
between the vendor and an inter-university purchasing group 372
comprised of purchasing officers of state institutions of higher 373
education;
(31) Applying to the department of job and family 375
services' purchases of health assistance services under the 377
children's health insurance program part I provided for under 378
section 5101.50 of the Revised Code or the children's health 379
insurance program part II provided for under section 5101.51 of 381
the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the 383
cumulative purchase threshold shall be seventy-five thousand 384
dollars for the departments of mental retardation and 385
developmental disabilities, mental health, rehabilitation and 386
correction, and youth services. 387
(F) When determining whether a state agency has reached 389
the cumulative purchase thresholds established in divisions 390
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(B)(1), (B)(2), and (E) of this section, all of the following 391
purchases by such agency shall not be considered: 392
(1) Purchases made through competitive selection or with 394
controlling board approval; 395
(2) Purchases listed in division (D) of this section; 397
(3) For the purposes of the thresholds of divisions (B)(1) 399
and (E) of this section only, leases of real estate. 400
(G) As used in this section, "competitive section 402
SELECTION," "purchase," "supplies," and "services" have the same 403
meanings as in section 125.01 of the Revised Code. 404
Sec. 1501.01. Except where otherwise expressly provided, 413
the director of natural resources shall formulate and institute 414
all the policies and programs of the department of natural 415
resources. The chief of any division of the department shall not 416
enter into any contract, agreement, or understanding unless it is 417
approved by the director. NO APPOINTEE OR EMPLOYEE OF THE 418
DIRECTOR, OTHER THAN THE ASSISTANT DIRECTOR, MAY BIND THE 419
DIRECTOR IN A CONTRACT EXCEPT WHEN GIVEN GENERAL OR SPECIAL 420
AUTHORITY TO DO SO BY THE DIRECTOR.
The director shall correlate and coordinate the work and 422
activities of the divisions in the department to eliminate 423
unnecessary duplications of effort and overlapping of functions. 424
The chiefs of the various divisions of the department shall meet 425
with the director at least once each month at a time and place 426
designated by the director. 427
The director may create advisory boards to any of those 429
divisions in conformity with section 121.13 of the Revised Code. 430
The director may accept and expend gifts, devises, and 432
bequests of money, lands, and other properties on behalf of the 433
department or any division thereof under the terms set forth in 434
section 9.20 of the Revised Code. Any political subdivision of 435
this state may make contributions to the department for the use 436
of the department or any division therein according to the terms 437
of the contribution. 438
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The director may publish and sell or otherwise distribute 440
data, reports, and information. 441
The director shall adopt rules in accordance with Chapter 443
119. of the Revised Code to permit the department to accept by 444
means of a credit card the payment of fees, charges, and rentals 445
at those facilities described in section 1501.07 of the Revised 446
Code that are operated by the department, for any data, reports, 447
or information sold by the department, and for any other goods or 448
services provided by the department. 449
Whenever authorized by the governor to do so, the director 451
may appropriate property for the uses and purposes authorized to 452
be performed by the department and on behalf of any division 453
within the department. This authority shall be exercised in the 454
manner provided in sections 163.01 to 163.22 of the Revised Code 455
for the appropriation of property by the director of 456
administrative services. This authority to appropriate property 457
is in addition to the authority provided by law for the 458
appropriation of property by divisions of the department. The 459
director of natural resources also may acquire by purchase, 460
lease, or otherwise such real and personal property rights or 461
privileges in the name of the state as are necessary for the 462
purposes of the department or any division therein. The 463
director, with the approval of the governor and the attorney 464
general, may sell, lease, or exchange portions of lands or 465
property, real or personal, of any division of the department or 466
grant easements or licenses for the use thereof, or enter into 467
agreements for the sale of water from lands and waters under the 468
administration or care of the department or any of its divisions, 469
when the sale, lease, exchange, easement, agreement, or license 470
for use is advantageous to the state, provided that such approval 471
is not required for leases and contracts made under section 472
1507.12, if any, or section 1501.07, 1501.09, or 1520.03 or 473
Chapter 1523. of the Revised Code. Water may be sold from a 474
reservoir only to the extent that the reservoir was designed to 475
12
yield a supply of water for a purpose other than recreation or 476
wildlife, and the water sold is in excess of that needed to 477
maintain the reservoir for purposes of recreation or wildlife. 478
Money received from such sales, leases, easements, 480
exchanges, agreements, or licenses for use, except revenues 481
required to be set aside or paid into depositories or trust funds 482
for the payment of bonds issued under sections 1501.12 to 1501.15 483
of the Revised Code, and to maintain the required reserves 484
therefor as provided in the orders authorizing the issuance of 485
such bonds or the trust agreements securing such bonds, revenues 486
required to be paid and credited pursuant to the bond proceeding 487
applicable to obligations issued pursuant to section 154.22, and 488
revenues generated under section 1520.05 of the Revised Code, 489
shall be deposited in the state treasury to the credit of the 490
fund of the division of the department having prior jurisdiction 491
over the lands or property. If no such fund exists, the money 492
shall be credited to the general revenue fund. All such money 493
received from lands or properties administered by the division of 494
wildlife shall be credited to the wildlife fund. 495
The director shall provide for the custody, safekeeping, 497
and deposit of all moneys, checks, and drafts received by the 498
department or its employees prior to paying them to the treasurer 499
of state under section 113.08 of the Revised Code. 500
The director shall cooperate with the nature conservancy, 502
other nonprofit organizations, and the United States fish and 503
wildlife service in order to secure protection of islands in the 504
Ohio river and the wildlife and wildlife habitat of those 505
islands. 506
Any instrument by which real property is acquired pursuant 508
to this section shall identify the agency of the state that has 509
the use and benefit of the real property as specified in section 510
5301.012 of the Revised Code.
Sec. 1501.022. There is hereby created in the state 519
treasury the injection well review fund consisting of moneys 520
13
transferred to it under section 6111.046 of the Revised Code. 521
Moneys in the fund shall be used by the chiefs of the divisions 522
of oil and gas MINERAL RESOURCES MANAGEMENT, geological survey, 523
and water in the department of natural resources exclusively for 524
the purpose of executing their duties under sections 6111.043 to 525
6111.047 of the Revised Code.
Sec. 1505.10. The chief of the division of geological 534
survey shall prepare and publish for public distribution annual 536
reports that shall include all of the following:
(A) A list of the operators of mines, quarries, pits, or 538
other mineral resource extraction operations in this state; 539
(B) Information on the location of and commodity extracted 541
at each operation; 542
(C) Information on the employment at each operation; 544
(D) Information on the tonnage of coal or other minerals 546
extracted at each operation along with the method of extraction; 547
(E) Information on the production, use, distribution, 549
value, and other facts relative to the mineral resources of the 550
state that may be of public interest. 551
Each operator engaged in the extraction of minerals shall 553
submit an accurate and complete annual report, on or before the 555
last day of January each year, to the chief of the division of 556
geological survey on forms provided by the chief and containing 557
the information specified in divisions (A) to (E) of this section 558
for the immediately preceding calendar year. The chief of the 559
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 561
may use all or portions of the information collected pursuant to 562
this section in preparing the annual report required by section 563
1561.04 of the Revised Code. 564
No person shall fail to comply with this section. 566
Sec. 1509.01. As used in this chapter: 575
(A) "Well" means any borehole, whether drilled or bored, 577
within the state for production, extraction, or injection of any 578
gas or liquid mineral, excluding potable water to be used as 579
14
such, but including natural or artificial brines and oil field 580
waters. 581
(B) "Oil" means crude petroleum oil and all other 583
hydrocarbons, regardless of gravity, that are produced in liquid 584
form by ordinary production methods, but does not include 585
hydrocarbons that were originally in a gaseous phase in the 586
reservoir. 587
(C) "Gas" means all natural gas and all other fluid 589
hydrocarbons that are not oil, including condensate. 591
(D) "Condensate" means liquid hydrocarbons that were 593
originally in the gaseous phase in the reservoir. 594
(E) "Pool" means an underground reservoir containing a 596
common accumulation of oil or gas, or both, but does not include 597
a gas storage reservoir. Each zone of a geological structure 598
that is completely separated from any other zone in the same 599
structure may contain a separate pool. 600
(F) "Field" means the general area underlaid by one or 602
more pools. 603
(G) "Drilling unit" means the minimum acreage on which one 605
well may be drilled, but does not apply to a well for injecting 606
gas into or removing gas from a gas storage reservoir. 607
(H) "Waste" includes all of the following: 609
(1) Physical waste, as that term generally is understood 612
in the oil and gas industry; 613
(2) Inefficient, excessive, or improper use, or the 615
unnecessary dissipation, of reservoir energy; 616
(3) Inefficient storing of oil or gas; 618
(4) Locating, drilling, equipping, operating, or producing 620
an oil or gas well in a manner that reduces or tends to reduce 621
the quantity of oil or gas ultimately recoverable under prudent 622
and proper operations from the pool into which it is drilled or 623
that causes or tends to cause unnecessary or excessive surface 624
loss or destruction of oil or gas; 625
(5) Other underground or surface waste in the production 627
15
or storage of oil, gas, or condensate, however caused. 628
(I) "Correlative rights" means the reasonable opportunity 630
to every person entitled thereto to recover and receive the oil 631
and gas in and under the person's tract or tracts, or the 632
equivalent thereof, without having to drill unnecessary wells or 634
incur other unnecessary expense. 635
(J) "Tract" means a single, individually taxed parcel of 637
land appearing on the tax list. 638
(K) "Owner," unless referring to a mine, means the person 640
who has the right to drill on a tract or drilling unit, to drill 642
into and produce from a pool, and to appropriate the oil or gas 643
produced therefrom either for the person or for others, except 645
that a person ceases to be an owner with respect to a well when
the well has been plugged in accordance with applicable rules 646
adopted and orders issued under this chapter. 647
(L) "Royalty interest" means the fee holder's share in the 650
production from a well.
(M) "Discovery well" means the first well capable of 652
producing oil or gas in commercial quantities from a pool. 653
(N) "Prepared clay" means a clay that is plastic and is 655
thoroughly saturated with fresh water to a weight and consistency 656
great enough to settle through saltwater in the well in which it 657
is to be used, except as otherwise approved by the chief of the 658
division of oil and gas MINERAL RESOURCES MANAGEMENT. 659
(O) "Rock sediment" means the combined cutting and residue 661
from drilling sedimentary rocks and formation. 662
(P) "Excavations and workings," "mine," and "pillar" have 664
the same meanings as in section 1561.01 of the Revised Code. 666
(Q) "Coal bearing township" means a township designated as 668
such by the chief of the division of mines and reclamation under 669
section 1561.06 of the Revised Code. 671
(R) "Gas storage reservoir" means a continuous area of a 673
subterranean porous sand or rock stratum or strata into which gas 674
is or may be injected for the purpose of storing it therein and 675
16
removing it therefrom and includes a gas storage reservoir as 676
defined in section 1571.01 of the Revised Code. 678
(S) "Safe Drinking Water Act" means the "Safe Drinking 680
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended 682
by the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 683
42 U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 684
1986," 100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking 685
Water Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 687
300(f), and regulations adopted under those acts. 688
(T) "Person" includes any political subdivision, 690
department, agency, or instrumentality of this state; the United 691
States and any department, agency, or instrumentality thereof; 692
and any legal entity defined as a person under section 1.59 of 693
the Revised Code. 694
(U) "Brine" means all saline geological formation water 696
resulting from, obtained from, or produced in connection with the 698
exploration, drilling, or production of oil or gas. 699
(V) "Waters of the state" means all streams, lakes, ponds, 701
marshes, watercourses, waterways, springs, irrigation systems, 702
drainage systems, and other bodies of water, surface or 703
underground, natural or artificial, that are situated wholly or 704
partially within this state or within its jurisdiction, except 705
those private waters that do not combine or effect a junction 706
with natural surface or underground waters. 707
(W) "Exempt Mississippian well" means a well that meets 709
all of the following criteria: 710
(1) Was drilled and completed before January 1, 1980; 712
(2) Is located in an unglaciated part of the state; 714
(3) Was completed in a reservoir no deeper than the 716
Mississippian Big Injun sandstone in areas underlain by 717
Pennsylvanian or Permian stratigraphy, or the Mississippian berea 718
sandstone in areas directly underlain by Permian stratigraphy; 719
(4) Is used primarily to provide oil or gas for domestic 721
use. 722
17
(X) "Exempt domestic well" means a well that meets all of 724
the following criteria: 725
(1) Is owned by the owner of the surface estate of the 727
tract on which the well is located; 728
(2) Is used primarily to provide gas for the owner's 730
domestic use; 731
(3) Is located more than two hundred feet horizontal 733
distance from any inhabited private dwelling house other than an 734
inhabited private dwelling house located on the tract on which 735
the well is located; 736
(4) Is located more than two hundred feet horizontal 738
distance from any public building that may be used as a place of 739
resort, assembly, education, entertainment, lodging, trade, 740
manufacture, repair, storage, traffic, or occupancy by the 741
public. 742
Sec. 1509.02. There is hereby created in the department of 751
natural resources the division of oil and gas MINERAL RESOURCES 752
MANAGEMENT, which shall be administered by the chief of the 754
division of oil and gas MINERAL RESOURCES MANAGEMENT. 755
The chief shall not hold any other public office, nor shall 757
the chief be engaged in any occupation or business that might 758
interfere with or be inconsistent with the duties as chief. 759
All moneys collected by the chief pursuant to sections 761
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222, 762
ninety per cent of moneys received by the treasurer of state from 763
the tax levied in divisions (A)(5) and (6) of section 5749.02, 764
all civil penalties paid under section 1509.33, and, 766
notwithstanding any section of the Revised Code relating to the 767
distribution or crediting of fines for violations of the Revised 768
Code, all fines imposed under divisions (A) and (B) of section 769
1509.99 of the Revised Code and fines imposed under divisions (C) 770
and (D) of section 1509.99 of the Revised Code for all violations 771
prosecuted by the attorney general and for violations prosecuted 772
by prosecuting attorneys that do not involve the transportation 773
18
of brine by vehicle shall be deposited into the state treasury to 774
the credit of the oil and gas well fund, which is hereby created. 775
Fines imposed under divisions (C) and (D) of section 1509.99 of 776
the Revised Code for violations prosecuted by prosecuting 777
attorneys that involve the transportation of brine by vehicle 778
shall be paid to the county treasury of the county where the 779
violation occurred.
The fund shall be used for the purposes enumerated in 781
division (B) of section 1509.071 of the Revised Code, for the 782
expenses of the division associated with the administration of 783
the "Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 784
3301, and for the division's other functions. The expenses of 785
the division in excess of the moneys available in the fund shall 786
be paid from general revenue fund appropriations to the 787
department.
Sec. 1509.03. The chief of the division of oil and gas 796
MINERAL RESOURCES MANAGEMENT shall make, adopt, repeal, rescind, 798
and amend, in accordance with sections 119.01 to 119.13 CHAPTER 800
119. of the Revised Code, rules for the administration, 802
implementation, and enforcement of Chapter 1509. of the Revised 803
Code THIS CHAPTER. No person shall violate any rule of the chief 805
adopted under this chapter.
Any order issuing, denying, or modifying a permit or 807
notices required to be made by the chief pursuant to Chapter 808
1509. of the Revised Code THIS CHAPTER shall be made in 809
compliance with the provisions of sections 119.01 to 119.13 811
CHAPTER 119. of the Revised Code, except that personal service 813
may be used in lieu of service by mail. Every order issuing, 814
denying, or modifying a permit under Chapter 1509. of the Revised 815
Code THIS CHAPTER and described as such shall be considered an 817
adjudication order for purposes of sections 119.01 to 119.13 818
CHAPTER 119. of the Revised Code.
Where notice to the owners is required by Chapter 1509. of 820
the Revised Code such THIS CHAPTER, THE notice shall be given as 821
19
prescribed by a rule adopted by the chief to govern the giving of 823
notices. Such rule shall provide for notice by publication 824
except in those cases where other types of notice are necessary 825
in order to meet the requirements of the law. 826
The chief or his THE CHIEF'S authorized representative may 828
at any time enter upon lands, public or private, for the purpose 829
of administration or enforcement of Chapter 1509. of the Revised 830
Code THIS CHAPTER, the rules ADOPTED or orders made thereunder, 832
or terms or conditions of permits or registration certificates 833
issued thereunder and may examine and copy records pertaining to 834
the drilling, conversion, or operation of a well for injection of 835
fluids and logs required by division (C) of section 1509.223 of 836
the Revised Code. No person shall prevent or hinder the chief or 837
his THE CHIEF'S authorized representative in the performance of 838
his OFFICIAL duties. If entry is prevented or hindered, the 839
chief or his THE CHIEF'S authorized representative may apply for, 842
and the court of common pleas may issue, an appropriate 843
inspection warrant necessary to achieve the purposes of this 844
chapter within the court's territorial jurisdiction.
The chief may issue orders to enforce this chapter, rules 846
adopted thereunder, and terms or conditions of permits issued 847
thereunder. Any such order shall be considered an adjudication 848
order for the purposes of Chapter 119. of the Revised Code. No 849
person shall violate any order of the chief issued under this 850
chapter. No person shall violate a term or condition of a permit 851
or registration certificate issued under the THIS chapter. 852
Orders of the chief denying, suspending, or revoking a 854
registration certificate; approving or denying approval of an 855
application for revision of a registered transporter's plan for 856
disposal; or to implement, administer, or enforce division (A) of 857
section 1509.224 and sections 1509.22, 1509.222, 1509.223, 858
1509.225, and 1509.226 of the Revised Code pertaining to the 859
transportation of brine by vehicle and the disposal of brine so 860
transported are not adjudication orders for purposes of Chapter 861
20
119. of the Revised Code. The chief shall issue such orders 862
under division (A) or (B) of section 1509.224 of the Revised 863
Code, as appropriate. 864
Sec. 1509.04. In both coal-bearing and noncoal-bearing 873
townships, the THE chief of the division of oil and gas MINERAL 875
RESOURCES MANAGEMENT, or his THE CHIEF'S authorized 876
representatives, shall enforce the provisions of Chapter 1509. of 877
the Revised Code THIS CHAPTER and the rules, terms and conditions 879
of permits and registration certificates, and orders ADOPTED OR 880
issued pursuant thereto, except that any "peace officer," as 881
defined in section 2935.01 of the Revised Code, may arrest for 882
violations of this chapter involving transportation of brine by 883
vehicle. The prosecuting attorney of the county or the attorney 884
general, upon the request of the chief, may apply to the court of 885
common pleas in the county in which any of the provisions of 886
Chapter 1509. of the Revised Code THIS CHAPTER or any rules, 887
terms or conditions of a permit or registration certificate, or 889
orders ADOPTED OR issued pursuant to Chapter 1509. of the Revised 891
Code THIS CHAPTER are being violated for a temporary restraining 893
order, preliminary injunction, or permanent injunction 894
restraining any person from such violation. 895
In a coal-bearing township, the chief of the division of 897
mines and reclamation, or his authorized representatives, shall 899
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 900
and terms and conditions of permits and orders issued pursuant 901
thereto. The prosecuting attorney of the county or the attorney 902
general, upon the request of the chief of the division of mines 903
and reclamation, may apply to the court of common pleas in the 905
county in which section 1509.09, 1509.12, 1509.13, 1509.14, 906
1509.15, 1509.17, or 1509.18 of the Revised Code, or any rules 907
adopted or terms or conditions of permits or orders issued 908
pursuant thereto are being violated for a temporary restraining 909
order, preliminary injunction, or permanent injunction 910
21
restraining any person from such violation.
Sec. 1509.05. No person shall drill a new well, drill an 919
existing well any deeper, reopen a well, convert a well to any 920
use other than its original purpose, or plug back a well to a 921
source of supply different from the existing pool, without having 922
a permit to do so issued by the chief of the division of oil and 923
gas MINERAL RESOURCES MANAGEMENT, and until the original permit 924
or a photostatic copy thereof is posted or displayed in a 925
conspicuous and easily accessible place at the well site, with 926
the name, current address, and telephone number of the permit
holder and the telephone numbers for fire and emergency medical 927
services maintained on the posted permit or copy. The permit or 928
a copy shall be continuously displayed in such manner at all 929
times during the work authorized by the permit. 930
Such permit shall be issued by the chief in accordance with 932
Chapter 1509. of the Revised Code THIS CHAPTER and shall be valid 934
for twelve months.
Sec. 1509.06. An application for a permit to drill a new 943
well, drill an existing well deeper, reopen a well, convert a 944
well to any use other than its original purpose, or plug back a 945
well to a different source of supply shall be filed with the 946
chief of the division of oil and gas MINERAL RESOURCES MANAGEMENT 948
upon such form as the chief prescribes and shall contain each of 949
the following that is applicable:
(A) The name and address of the owner and, if a 951
corporation, the name and address of the statutory agent; 952
(B) The signature of the owner or the owner's authorized 954
agent. When an authorized agent signs an application, it shall 956
be accompanied by a certified copy of the appointment as such 957
agent. 958
(C) The names and addresses of all persons holding the 960
royalty interest in the tract upon which the well is located or 961
is to be drilled or within a proposed drilling unit; 962
(D) The location of the tract or drilling unit on which 964
22
the well is located or is to be drilled identified by section or 965
lot number, city, village, township, and county; 966
(E) Designation of the well by name and number; 968
(F) The geological formation to be tested or used and the 970
proposed total depth of the well; 971
(G) The type of drilling equipment to be used; 973
(H) If the well is for the injection of a liquid, identity 975
of the geological formation to be used as the injection zone and 976
the composition of the liquid to be injected; 977
(I) A sworn statement that all requirements of any 979
municipal corporation, county, or township having jurisdiction 980
over any activity related to the drilling or operation of an oil 981
or gas well that have been filed with the division of oil and gas 982
MINERAL RESOURCES MANAGEMENT and are in effect at the time the 983
application is filed, including, but not limited to, zoning 985
ordinances and resolutions and the requirements of section 986
4513.34 of the Revised Code, will be complied with until 987
abandonment of the well;
(J) A plan for restoration of the land surface disturbed 989
by drilling operations. The plan shall provide for compliance 990
with the restoration requirements of division (A) of section 991
1509.072 of the Revised Code and any rules adopted by the chief 992
pertaining to that restoration. 993
(K) A description by name or number of the county, 995
township, and municipal corporation roads, streets, and highways 996
that the applicant anticipates will be used for access to and 997
egress from the well site; 998
(L) Such other relevant information as the chief 1,000
prescribes by rule. 1,001
Each application shall be accompanied by a map, on a scale 1,003
not smaller than four hundred feet to the inch, prepared by an 1,004
Ohio registered surveyor, showing the location of the well and 1,005
containing such other data as may be prescribed by the chief. If 1,006
the well is or is to be located within the excavations and 1,007
23
workings of a mine, the map also shall include the location of 1,008
the mine, the name of the mine, and the name of the person 1,009
operating the mine. 1,010
The chief shall cause a copy of the weekly circular 1,012
prepared by the division to be provided to the county engineer of 1,014
each county that contains active or proposed drilling activity. 1,015
The weekly circular shall contain, in the manner prescribed by 1,016
the chief, the names of all applicants for permits, the location 1,017
of each well or proposed well, the information required by 1,018
division (K) of this section, and any additional information the 1,020
chief prescribes.
The chief shall not issue a permit for at least ten days 1,023
after the date of filing of the application for the permit 1,024
unless, upon reasonable cause shown, the chief waives that period 1,025
or a request for expedited review is filed under this section. 1,027
However, the chief shall issue a permit within twenty-one days of 1,028
the filing of the application unless the chief denies the 1,029
application by order.
An applicant may file a request with the chief for 1,031
expedited review of a permit application if the well is not or is 1,034
not to be located in a gas storage reservoir or reservoir
protective area, as "reservoir protective area" is defined in 1,035
section 1571.01 of the Revised Code. If the well is or is to be 1,036
located in a coal bearing township, the application shall be 1,037
accompanied by the affidavit of the landowner prescribed in 1,038
section 1509.08 of the Revised Code. 1,039
In addition to a complete application for a permit that 1,041
meets the requirements of this section and the permit fee 1,042
prescribed by this section, a request for expedited review shall 1,043
be accompanied by a separate nonrefundable filing fee of five 1,045
hundred dollars. Upon the filing of a request for expedited 1,046
review, the chief shall cause the chief of the division of mines
and reclamation and the county engineer of the county in which 1,048
the well is or is to be located to be notified of the filing of 1,049
24
the permit application and the request for expedited review by 1,050
telephone or other means that in the judgment of the chief will 1,052
provide timely notice of the application and request. The chief 1,054
shall issue a permit within seven days of the filing of the
request unless the chief denies the application by order. 1,055
Notwithstanding the provisions of this section governing 1,056
expedited review of permit applications, the chief may refuse to 1,057
accept requests for expedited review if, in the chief's judgment, 1,059
the acceptance of the requests would prevent the issuance, within 1,060
twenty-one days of their filing, of permits for which 1,061
applications are pending. 1,062
A well shall be drilled and operated in accordance with the 1,064
plans, sworn statements, and other information submitted in the 1,065
approved application. 1,066
The chief shall issue an order denying a permit if the 1,068
chief finds that there is a substantial risk that the operation 1,069
will result in violations of this chapter or rules adopted under 1,071
it that will present an imminent danger to public health or 1,073
safety or damage to the environment, provided that where the
chief finds that terms or conditions to the permit can reasonably 1,074
be expected to prevent such violations, the chief shall issue the 1,075
permit subject to those terms or conditions. 1,076
Each application for a permit required by section 1509.05 1,078
of the Revised Code, except an application for a well drilled or 1,079
reopened for purposes of section 1509.22 of the Revised Code, 1,080
also shall be accompanied by a nonrefundable fee of two hundred 1,081
fifty dollars. 1,082
The chief may order the immediate suspension of drilling, 1,084
operating, or plugging activities after finding that any person 1,086
is causing, engaging in, or maintaining a condition or activity 1,087
that in the chief's judgment presents an imminent danger to 1,089
public health or safety or results in or is likely to result in 1,091
immediate substantial damage to natural resources or for 1,092
nonpayment of the fee required by this section. The chief may 1,093
25
order the immediate suspension of the drilling or reopening of a 1,094
well after being so requested by the chief of the division of 1,096
mines and reclamation under section 1509.08 of the Revised Code 1,097
IN A COAL BEARING TOWNSHIP AFTER DETERMINING THAT THE DRILLING OR 1,098
REOPENING ACTIVITIES PRESENT AN IMMINENT AND SUBSTANTIAL THREAT 1,099
TO PUBLIC HEALTH OR SAFETY OR TO MINERS' HEALTH OR SAFETY. 1,100
Before issuing any such order, the chief shall notify the owner 1,101
in such manner as in the chief's judgment would provide 1,102
reasonable notification that the chief intends to issue a 1,103
suspension order. The chief may issue such an order without 1,105
prior notification if reasonable attempts to notify the owner 1,106
have failed, but in such an event notification shall be given as 1,107
soon thereafter as practical. Within five calendar days after 1,108
the issuance of the order, the chief shall provide the owner an 1,109
opportunity to be heard and to present evidence that the 1,110
condition or activity is not likely to result in immediate 1,111
substantial damage to natural resources or does not present an 1,112
imminent danger to public health or safety OR TO MINERS' HEALTH
OR SAFETY, IF APPLICABLE. IN THE CASE OF ACTIVITIES IN A COAL 1,114
BEARING TOWNSHIP, IF THE CHIEF, AFTER CONSIDERING EVIDENCE 1,115
PRESENTED BY THE OWNER, DETERMINES THAT THE ACTIVITIES DO NOT 1,116
PRESENT SUCH A THREAT, THE CHIEF SHALL REVOKE THE SUSPENSION
ORDER. Notwithstanding any provision of this chapter, the owner 1,117
may appeal the A SUSPENSION order directly to the court of common 1,119
pleas of the county in which the activity is located OR, IF IN A 1,121
COAL BEARING TOWNSHIP, TO THE MINE EXAMINING BOARD. 1,122
Sec. 1509.061. An owner of a well who has been issued a 1,131
permit under section 1509.06 of the Revised Code may submit to 1,132
the chief of the division of oil and gas MINERAL RESOURCES 1,133
MANAGEMENT, on a form prescribed by the chief, a request to 1,135
revise an existing tract upon which exists a producing or idle 1,136
well. The chief shall adopt, and may amend and rescind, rules 1,137
under section 1509.03 of the Revised Code that are necessary for 1,138
the administration of this section. The rules at least shall 1,139
26
stipulate the information to be included on the request form and 1,140
shall establish a fee to be paid by the person submitting the 1,141
request, which fee shall not exceed two hundred fifty dollars. 1,142
The chief shall approve a request submitted under this 1,144
section unless it would result in a violation of this chapter or 1,145
rules adopted under it, including provisions establishing spacing 1,146
or minimum acreage requirements. 1,147
Sec. 1509.07. An owner of any well, except an exempt 1,156
Mississippian well or an exempt domestic well, shall obtain 1,157
liability insurance coverage from a company authorized to do 1,159
business in this state in an amount of not less than three 1,160
hundred thousand dollars bodily injury coverage and three hundred 1,161
thousand dollars property damage coverage to pay damages for 1,162
injury to persons or damage to property caused by the drilling, 1,163
operation, or plugging of all the owner's wells in this state. 1,164
The owner shall maintain that coverage until all the owner's 1,165
wells are plugged and abandoned as required by law. The owner 1,167
shall provide proof of liability insurance coverage to the chief 1,168
of the division of oil and gas MINERAL RESOURCES MANAGEMENT upon 1,169
request. Upon failure of the owner to provide that proof when 1,171
requested, the chief may order the suspension of any outstanding 1,173
permits and operations of the owner until the owner provides 1,174
proof of the required insurance coverage.
Except as otherwise provided in this section, an owner of 1,176
any well, before being issued a permit under section 1509.06 of 1,178
the Revised Code, shall execute and file with the division of oil 1,179
and gas MINERAL RESOURCES MANAGEMENT a surety bond conditioned on 1,180
compliance with the restoration requirements of section 1509.072, 1,182
the plugging requirements of section 1509.12, the permit 1,183
provisions of section 1509.13 of the Revised Code, and all rules 1,184
and orders of the chief relating thereto, in an amount set by 1,185
rule of the chief.
The owner may deposit with the chief, instead of a surety 1,187
bond, cash in an amount equal to the surety bond as prescribed 1,188
27
pursuant to this section or negotiable certificates of deposit or 1,189
irrevocable letters of credit, issued by any bank organized or 1,192
transacting business in this state or by any savings and loan 1,193
association as defined in section 1151.01 of the Revised Code, 1,194
having a cash value equal to or greater than the amount of the 1,195
surety bond as prescribed pursuant to this section. Cash or 1,196
certificates of deposit shall be deposited upon the same terms as 1,198
those upon which surety bonds may be deposited. If certificates 1,199
of deposit are deposited with the chief instead of a surety bond, 1,200
the chief shall require the bank or savings and loan association 1,202
that issued any such certificate to pledge securities of a cash 1,203
value equal to the amount of the certificate that is in excess of 1,204
the amount insured by any of the agencies and instrumentalities 1,205
created under the "Federal Deposit Insurance Act," 64 Stat. 873 1,206
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under 1,207
it, including at least the federal deposit insurance corporation, 1,209
bank insurance fund, and savings association insurance fund. The 1,210
securities shall be security for the repayment of the certificate 1,211
of deposit.
Immediately upon a deposit of cash, certificates of 1,214
deposit, or letters of credit with the chief, the chief shall 1,215
deliver them to the treasurer of state who shall hold them in 1,216
trust for the purposes for which they have been deposited. 1,217
Instead of a surety bond, the chief may accept proof of 1,219
financial responsibility consisting of a sworn financial 1,220
statement showing a net financial worth within this state equal 1,221
to twice the amount of the bond for which it substitutes and, as 1,222
may be required by the chief, a list of producing properties of 1,223
the owner within this state or other evidence showing ability and 1,225
intent to comply with the law and rules concerning restoration 1,226
and plugging that may be required by rule of the chief. The 1,227
owner of an exempt domestic or exempt Mississippian well is not 1,228
required to file scheduled updates of the financial documents,
but shall file updates of those documents if requested to do so 1,229
28
by the chief. The owner of a nonexempt domestic or nonexempt 1,230
Mississippian well shall file updates of the financial documents 1,231
in accordance with a schedule established by rule of the chief. 1,232
The chief, upon determining that an owner for whom the chief has 1,233
accepted proof of financial responsibility instead of bond cannot 1,234
demonstrate financial responsibility, shall order that the owner 1,235
execute and file a bond or deposit cash, certificates of deposit, 1,237
or irrevocable letters of credit as required by this section for
the wells specified in the order within ten days of receipt of 1,239
the order. If the order is not complied with, all wells of the 1,240
owner that are specified in the order and for which no bond is 1,241
filed or cash, certificates of deposit, or letters of credit are 1,242
deposited shall be plugged. No owner shall fail or refuse to 1,244
plug such a well. Each day on which such a well remains 1,245
unplugged thereafter constitutes a separate offense.
The surety bond provided for in this section shall be 1,247
executed by a surety company authorized to do business in this 1,248
state. 1,249
The chief shall not approve any bond until it is personally 1,251
signed and acknowledged by both principal and surety, or as to 1,252
either by the principal's or surety's attorney in fact, with a 1,254
certified copy of the power of attorney attached thereto. The 1,255
chief shall not approve a bond unless there is attached a 1,256
certificate of the superintendent of insurance that the company 1,257
is authorized to transact a fidelity and surety business in this 1,258
state.
All bonds shall be given in a form to be prescribed by the 1,260
chief and shall run to the state as obligee. 1,261
An owner of an exempt Mississippian well or an exempt 1,264
domestic well, in lieu of filing a surety bond, cash in an amount 1,266
equal to the surety bond, certificates of deposit, irrevocable 1,267
letters of credit, or a sworn financial statement, may file a 1,268
one-time fee of fifty dollars, which shall be deposited in the 1,269
oil and gas well plugging fund created in section 1509.071 of the 1,270
29
Revised Code. 1,271
Sec. 1509.071. (A) When the chief of the division of oil 1,280
and gas MINERAL RESOURCES MANAGEMENT finds that an owner has 1,281
failed to comply with the restoration requirements of section 1,283
1509.072, plugging requirements of section 1509.12, or permit 1,284
provisions of section 1509.13 of the Revised Code, or rules and 1,285
orders relating thereto, the chief shall make a finding of that 1,287
fact and declare any surety bond filed to ensure compliance with 1,288
those sections and rules forfeited in the amount set by rule of 1,289
the chief. The chief thereupon shall certify the total 1,290
forfeiture to the attorney general, who shall proceed to collect 1,291
the amount of the forfeiture.
In lieu of total forfeiture, the surety, at its option, may 1,293
cause the well to be properly plugged and abandoned and the area 1,294
properly restored or pay to the treasurer of state the cost of 1,296
plugging and abandonment.
(B) All moneys collected because of forfeitures of bonds 1,299
as provided in this section shall be deposited in the state 1,300
treasury to the credit of the oil and gas well fund created in 1,301
section 1509.02 of the Revised Code. The fund shall be expended 1,303
by the chief for the following purposes in addition to the other 1,304
purposes specified in that section: 1,305
(1) In accordance with division (D) of this section, to 1,307
plug wells or to restore the land surface properly as required in 1,311
section 1509.072 of the Revised Code for which the bonds have 1,312
been forfeited, for abandoned wells for which no funds are 1,313
available to plug the wells in accordance with this chapter, or 1,315
to use abandoned wells for the injection of oil or gas production 1,317
wastes;
(2) In accordance with division (E) of this section, to 1,319
correct conditions that the chief reasonably has determined are 1,321
causing imminent health or safety risks. 1,322
Expenditures from the fund shall be made only for lawful 1,324
purposes. 1,325
30
(C)(1) Upon determining that the owner of a well has 1,328
failed to properly plug and abandon it or to properly restore the 1,329
land surface at the well site in compliance with the applicable 1,330
requirements of this chapter and applicable rules adopted and 1,331
orders issued under it or that a well is an abandoned well for 1,332
which no funds are available to plug the well in accordance with 1,333
this chapter, the chief shall do all of the following: 1,334
(a) Determine from the records in the office of the county 1,337
recorder of the county in which the well is located the identity 1,338
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 1,339
well was drilled or the identity of each person owning an 1,340
interest in the lease, and the identities of the persons having 1,341
legal title to, or a lien upon, any of the equipment appurtenant 1,342
to the well; 1,343
(b) Mail notice to the owner of the land on which the well 1,346
is located informing the landowner that the well is to be 1,347
plugged. If the owner of the oil or gas lease under which the 1,348
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 1,349
lease, the chief also shall mail notice that the well is to be 1,350
plugged to the owner of the lease or to each person owning an 1,351
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 1,354
lien upon, any equipment appurtenant to the well, informing the 1,355
person that the well is to be plugged and offering the person the 1,356
opportunity to plug the well and restore the land surface at the 1,357
well site at the person's own expense in order to avoid 1,358
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 1,361
of this section plugs the well within sixty days after the 1,362
mailing of the notice required by that division, all equipment 1,363
appurtenant to the well is hereby declared to be forfeited to 1,364
this state without compensation and without the necessity for any 1,366
31
action by the state for use to defray the cost of plugging and 1,367
abandoning the well and restoring the land surface at the well 1,368
site.
(D) Expenditures from the fund for the purpose of division 1,370
(B)(1) of this section shall be made in accordance with either of 1,372
the following:
(1) The expenditures may be made pursuant to contracts 1,374
entered into by the chief with persons who agree to furnish all 1,376
of the materials, equipment, work, and labor as specified and 1,377
provided in such a contract. Agents or employees of persons 1,378
contracting with the chief for the restoration, plugging, and 1,379
injection projects may enter upon any land, public or private, 1,380
for which a project has been approved by the controlling board 1,381
and on which the well is located, for the purpose of performing 1,382
the work. Prior to such entry, the chief shall give to the 1,383
following persons written notice of the existence of a contract 1,384
for a project to restore, plug, or inject oil or gas production 1,385
wastes into a well, the names of the persons with whom the 1,386
contract is made, and the date that the project will commence: 1,387
the owner of the well, the owner of the land upon which the well 1,388
is located, the owner or agents of adjoining land, and, if the 1,389
well is located in the same township as or in a township adjacent 1,390
to the excavations and workings of a mine and the owner or lessee 1,391
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 1,392
preceding three years, the owner or lessee of the mine. 1,393
The chief periodically shall submit project proposals under 1,395
division (D)(1) of this section to the controlling board, 1,397
together with benefit and cost data and other pertinent 1,398
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 1,400
plugging, or injection projects that are approved by the 1,401
controlling board, and expenditures for a particular project may 1,402
not exceed any limits set by the board.
32
(2)(a) The owner of the land on which a well is located 1,405
who has received notice under division (C)(1)(b) of this section 1,406
may plug the well and be reimbursed by the division for the 1,407
reasonable cost of plugging the well. In order to plug the well, 1,408
the landowner shall submit an application to the chief on a form 1,409
prescribed by the chief and approved by the technical advisory 1,410
council on oil and gas created in section 1509.38 of the Revised 1,412
Code. The application, at a minimum, shall require the landowner 1,413
to provide the same information as is required to be included in 1,414
the application for a permit to plug and abandon under section 1,415
1509.13 of the Revised Code. The application shall be 1,416
accompanied by a copy of a proposed contract to plug the well 1,417
prepared by a contractor regularly engaged in the business of 1,418
plugging oil and gas wells. The proposed contract shall require 1,419
the contractor to furnish all of the materials, equipment, work, 1,420
and labor necessary to plug the well properly and shall specify 1,422
the price for doing the work, including a credit for the 1,423
equipment appurtenant to the well that was forfeited to the state 1,424
through the operation of division (C)(2) of this section. The 1,425
application also shall be accompanied by the permit fee required 1,426
by section 1509.13 of the Revised Code unless the chief, in the 1,427
chief's discretion, waives payment of the permit fee. The 1,428
application constitutes an application for a permit to plug and 1,429
abandon the well for the purposes of section 1509.13 of the 1,430
Revised Code. 1,431
(b) Within thirty days after receiving an application and 1,434
accompanying proposed contract under division (D)(2)(a) of this 1,436
section, the chief shall determine whether the plugging would 1,437
comply with the applicable requirements of this chapter and 1,438
applicable rules adopted and orders issued under it and whether 1,439
the cost of the plugging under the proposed contract is 1,440
reasonable. If the chief determines that the proposed plugging 1,442
would comply with those requirements and that the proposed cost 1,443
of the plugging is reasonable, the chief shall notify the
33
landowner of that determination and issue to the landowner a 1,444
permit to plug and abandon the well under section 1509.13 of the 1,445
Revised Code. Upon approval of the application and proposed 1,447
contract, the chief shall transfer ownership of the equipment 1,448
appurtenant to the well to the landowner. The chief may 1,449
disapprove an application submitted under division (D)(2)(a) of 1,451
this section if the chief determines that the proposed plugging 1,452
would not comply with the applicable requirements of this chapter 1,453
and applicable rules adopted and orders issued under it, that the 1,454
cost of the plugging under the proposed contract is unreasonable, 1,455
or that the proposed contract is not a bona fide, arms length 1,456
contract.
(c) After receiving the chief's notice of the approval of 1,459
the application and permit to plug and abandon a well under 1,460
division (D)(2)(b) of this section, the landowner shall enter 1,461
into the proposed contract to plug the well. The plugging shall 1,462
be completed within one hundred eight days after the landowner 1,463
receives the notice of approval and permit. 1,464
(d) Upon determining that the plugging has been completed 1,467
within the time required by division (D)(2)(c) of this section 1,469
and has been completed in compliance with the applicable 1,470
requirements of this chapter and applicable rules adopted and 1,471
orders issued under it, the chief shall reimburse the landowner 1,472
for the cost of the plugging as set forth in the proposed 1,473
contract approved by the chief. The reimbursement shall be paid 1,474
from the oil and gas well fund. If the chief determines that the 1,475
plugging was not completed within the required time or was not 1,476
completed in accordance with the applicable requirements, the 1,477
chief shall not reimburse the landowner for the cost of the 1,478
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 1,480
possession of the equipment appurtenant to the well that 1,482
previously was transferred to the landowner under division 1,483
(D)(2)(b) of this section. If any such equipment was removed 1,484
34
from the well during the plugging and sold, the landowner shall 1,485
pay to the chief the proceeds from the sale of the equipment, and 1,486
the chief promptly shall pay the moneys so received to the 1,487
treasurer of state for deposit into the oil and gas well fund. 1,488
The chief may establish an annual limit on the number of 1,490
wells that may be plugged under division (D)(2) of this section 1,492
or an annual limit on the expenditures to be made under that 1,493
division.
As used in division (D)(2) of this section, "plug" and 1,497
"plugging" include the plugging of the well and the restoration 1,498
of the land surface disturbed by the plugging.
(E) Expenditures from the oil and gas well fund for the 1,500
purpose of division (B)(2) of this section may be made pursuant 1,502
to contracts entered into by the chief with persons who agree to 1,503
furnish all of the materials, equipment, work, and labor as 1,504
specified and provided in such a contract. The competitive
bidding requirements of Chapter 153. of the Revised Code do not 1,505
apply if the chief reasonably determines that correction of the 1,506
applicable health or safety risk requires immediate action. The 1,507
chief, designated representatives of the chief, and agents or 1,508
employees of persons contracting with the chief under this 1,509
division may enter upon any land, public or private, for the 1,510
purpose of performing the work. 1,511
(F) Contracts entered into by the chief under this section 1,514
are not subject to either of the following: 1,515
(1) Chapter 4115. of the Revised Code; 1,517
(2) Section 153.54 of the Revised Code, except that the 1,520
contractor shall obtain and provide to the chief as a bid 1,521
guaranty a surety bond or letter of credit in an amount equal to 1,522
ten per cent of the amount of the contract. 1,523
(G) The owner of land on which a well is located who has 1,526
received notice under division (C)(1)(b) of this section, in lieu 1,529
of plugging the well in accordance with division (D)(2) of this 1,530
section, may cause ownership of the well to be transferred to an 1,531
35
owner who is lawfully doing business in this state and who has 1,532
met the financial responsibility requirements established under 1,533
section 1509.07 of the Revised Code, subject to the approval of 1,536
the chief. The transfer of ownership also shall be subject to 1,537
the landowner's filing the appropriate forms required under this 1,538
chapter and providing to the chief sufficient information to 1,539
demonstrate the landowner's or owner's right to produce a
formation or formations. That information may include a deed, a 1,540
lease, or other documentation of ownership or property rights. 1,542
The chief shall approve or disapprove the transfer of 1,544
ownership of the well. If the chief approves the transfer, the 1,545
owner is responsible for operating the well in accordance with 1,546
this chapter and rules adopted under it, including, without 1,547
limitation, all of the following: 1,548
(1) Filing an application with the chief under section 1,550
1509.06 of the Revised Code if the owner intends to drill deeper 1,553
or produce a formation that is not listed in the records of the 1,554
division for that well;
(2) Taking title to and possession of the equipment 1,556
appurtenant to the well that has been identified by the chief as 1,557
having been abandoned by the former owner; 1,558
(3) Complying with all applicable requirements that are 1,561
necessary to drill deeper, plug the well, or plug back the well. 1,562
Sec. 1509.072. No oil or gas well owner or agent of an oil 1,571
or gas well owner shall fail to restore the land surface within 1,572
the area disturbed in siting, drilling, completing, and producing 1,573
the well as required in this section. 1,574
(A) Within five months after the date upon which the 1,576
surface drilling of a well is commenced, the owner or the owner's 1,578
agent, in accordance with the restoration plan filed under 1,580
division (J) of section 1509.06 of the Revised Code, shall fill 1,582
all the pits for containing brine, other waste substances 1,583
resulting, obtained, or produced in connection with exploration 1,584
or drilling for, or production of, oil or gas, or oil that are 1,585
36
not required by other state or federal law or regulation, and 1,588
remove all concrete bases, drilling supplies, and drilling 1,589
equipment. Within nine months after the date upon which the 1,590
surface drilling of a well is commenced, the owner or the owner's 1,591
agent shall grade or terrace and plant, seed, or sod the area 1,593
disturbed that is not required in production of the well where 1,594
necessary to bind the soil and prevent substantial erosion and 1,595
sedimentation. If the chief of the division of oil and gas 1,596
MINERAL RESOURCES MANAGEMENT finds that a pit used for containing 1,597
brine, other waste substances, or oil is in violation of section 1,598
1509.22 of the Revised Code or rules adopted or orders issued 1,599
under it, the chief may require the pit to be emptied and closed 1,602
before expiration of the five-month restoration period.
(B) Within six months after a well that has produced oil 1,604
or gas is plugged, or after the plugging of a dry hole, the owner 1,605
or the owner's agent shall remove all production and storage 1,606
structures, supplies, and equipment, and any oil, salt water, and 1,608
debris, and fill any remaining excavations. Within that period 1,609
the owner or the owner's agent shall grade or terrace and plant, 1,611
seed, or sod the area disturbed where necessary to bind the soil 1,613
and prevent substantial erosion and sedimentation. 1,614
The owner shall be released from responsibility to perform 1,616
any or all restoration requirements of this section on any part 1,617
or all of the area disturbed upon the filing of a request for a 1,618
waiver with and obtaining the written approval of the chief, 1,619
which request shall be signed by the surface owner to certify the 1,620
approval of the surface owner of the release sought. The chief 1,621
shall approve the request unless the chief finds upon inspection 1,624
that the waiver would be likely to result in substantial damage 1,625
to adjoining property, substantial contamination of surface or 1,626
underground water, or substantial erosion or sedimentation. 1,627
The chief, by order, may shorten the time periods provided 1,629
for under division (A) or (B) of this section if failure to 1,630
shorten the periods would be likely to result in damage to public 1,631
37
health or the waters or natural resources of the state. 1,632
The chief, upon written application by an owner or an 1,634
owner's agent showing reasonable cause, may extend the period 1,635
within which restoration shall be completed under divisions (A) 1,637
and (B) of this section, but not to exceed a further six-month 1,638
period, except under extraordinarily adverse weather conditions 1,639
or when essential equipment, fuel, or labor is unavailable to the 1,640
owner or the owner's agent. 1,641
If the chief refuses to approve a request for waiver or 1,643
extension, the chief shall do so by order. 1,644
Sec. 1509.08. Upon receipt of an application for a permit 1,653
required by section 1509.05 of the Revised Code, or upon receipt 1,654
of an application for a permit to plug and abandon under section 1,655
1509.13 of the Revised Code, the chief of the division of oil and 1,656
gas MINERAL RESOURCES MANAGEMENT shall determine whether the well 1,657
is or is to be located in a coal bearing township. 1,660
Whether or not the well is or is to be located in a coal 1,662
bearing township, the chief, by order, may refuse to issue a 1,663
permit required by section 1509.05 of the Revised Code to any 1,664
applicant who at the time of applying for the permit is in 1,665
material or substantial violation of this chapter or rules 1,666
adopted or orders issued under it. The chief shall refuse to 1,668
issue a permit to any applicant who at the time of applying for 1,669
the permit has been found liable by a final nonappealable order 1,670
of a court of competent jurisdiction for damage to streets, 1,671
roads, highways, bridges, culverts, or drainways pursuant to 1,672
section 4513.34 or 5577.12 of the Revised Code until the 1,673
applicant provides the chief with evidence of compliance with the 1,674
order. No applicant shall attempt to circumvent this provision 1,675
by applying for a permit under a different name or business 1,676
organization name, by transferring responsibility to another 1,677
person or entity, by abandoning the well or lease, or by any 1,678
other similar act. 1,679
If the well is not or is not to be located in a coal 1,681
38
bearing township, or if it is to be located in a coal bearing 1,682
township, but the landowner submits an affidavit attesting to 1,684
ownership of the property in fee simple, including the coal, and 1,685
has no objection to the well, the chief shall issue the permit.
If the application to drill, reopen, or convert concerns a 1,687
well that is or is to be located in a coal bearing township, the 1,689
chief of the division of oil and gas shall transmit to the chief 1,690
of the division of mines and reclamation two copies of the 1,691
application and three copies of the map required in section 1,692
1509.06 of the Revised Code, except that, when the affidavit with 1,693
the waiver of objection described in the preceding paragraph is 1,694
submitted, the chief of the division of oil and gas shall not 1,695
transmit the copies. 1,696
The chief of the division of mines and reclamation 1,698
immediately shall notify the owner or lessee of any affected mine 1,699
that the application has been filed and send to the owner or 1,701
lessee two copies of the map accompanying the application setting 1,702
forth the location of the well. 1,703
If the owner or lessee objects to the location of the well 1,705
or objects to any location within fifty feet of the original 1,706
location as a possible site for relocation of the well, the owner 1,707
or lessee shall notify the chief of the division of mines and 1,708
reclamation of the objection, giving the reasons for the 1,710
objection and, if applicable, indicating on a copy of the map the 1,711
particular location or locations within fifty feet of the 1,713
original location to which the owner or lessee objects as a site 1,714
for possible relocation of the well, within six days after the 1,715
receipt of the notice. If the chief of the division of mines and
reclamation receives no objections from the owner or lessee of 1,716
the mine within ten days after the receipt of the notice by the 1,717
owner or lessee, or if in the opinion of the chief of the 1,718
division of mines and reclamation the objections offered by the 1,719
owner or lessee are not sufficiently well founded, the chief 1,721
immediately shall notify the owner or lessee of those findings. 1,722
39
The owner or lessee may appeal the decision of the chief of the 1,723
division of mines and reclamation to the mine examining board 1,726
created under section 1561.10 of the Revised Code. The appeal 1,727
shall be filed within fifteen days from the date on which the 1,728
owner or lessee receives the notice. If the appeal is not filed 1,729
within that time, the chief of the division of mines and 1,730
reclamation immediately shall approve the application, retain a 1,732
copy of the application and map, and return a copy of the 1,733
application to the chief of the division of oil and gas with the 1,734
approval noted on it. The chief of the division of oil and gas 1,737
then shall AND issue the permit if the provisions of this chapter 1,738
pertaining to the issuance of such a permit have been complied 1,739
with. 1,740
If the chief of the division of mines and reclamation 1,742
receives an objection from the owner or lessee of the mine as to 1,744
the location of the well within ten days after receipt of the 1,745
notice by the owner or lessee, and if in the opinion of the chief 1,746
the objection is well founded, the chief shall disapprove the 1,747
application and immediately return it to the chief of the 1,749
division of oil and gas together with the reasons for disapproval 1,750
and a suggestion for SUGGEST a new location for the well, 1,751
provided that the suggested new location shall not be a location 1,752
within fifty feet of the original location to which the owner or 1,753
lessee has objected as a site for possible relocation of the well 1,754
if the chief has determined that the objection is well founded. 1,755
The chief of the division of oil and gas immediately shall notify 1,756
the applicant for the permit of the disapproval and any 1,758
suggestion made by the chief of the division of mines and 1,759
reclamation as to a new location for the well. The applicant may 1,760
withdraw the application or amend the application to drill the 1,762
well at the location suggested by the chief of the division of 1,763
mines and reclamation, or the applicant may appeal the 1,764
disapproval of the application by the chief of the division of 1,765
mines and reclamation to the mine examining board. 1,767
40
If the chief of the division of mines and reclamation 1,769
receives no objection from the owner or lessee of a mine as to 1,771
the location of the well, but does receive an objection from the 1,772
owner or lessee as to one or more locations within fifty feet of 1,773
the original location as possible sites for relocation of the 1,774
well within ten days after receipt of the notice by the owner or 1,775
lessee, and if in the opinion of the chief the objection is well 1,776
founded, the chief nevertheless shall approve the application and 1,777
shall return it immediately to the chief of the division of oil 1,779
and gas together with the reasons for disapproving any of the 1,780
locations to which the owner or lessee objects as possible sites 1,781
for relocation of the well. The chief of the division of oil and 1,782
gas then shall issue a permit if the provisions of this chapter 1,783
pertaining to the issuance of such a permit have been complied 1,784
with, incorporating as a term or condition of the permit that the 1,785
applicant is prohibited from commencing drilling at any location 1,786
within fifty feet of the original location that has been 1,787
disapproved by the chief of the division of mines and 1,788
reclamation. The applicant may appeal to the mine examining 1,789
board the terms and conditions of the permit prohibiting the 1,790
commencement of drilling at any such location disapproved by the 1,791
chief of the division of mines and reclamation. 1,792
Any such appeal shall be filed within fifteen days from the 1,794
date the applicant receives notice of the disapproval of the 1,795
application, any other location within fifty feet of the original 1,796
location, or terms or conditions of the permit, or the owner or 1,797
lessee receives notice of the chief's decision. No approval or 1,798
disapproval of an application shall be delayed by the chief of 1,799
the division of mines and reclamation for more than fifteen days 1,800
from the date of sending the notice of the application to the 1,802
mine owner or lessee as required by this section. 1,803
All appeals provided for in this section shall be treated 1,805
as expedited appeals. The mine examining board shall hear any 1,806
such appeal in accordance with section 1561.53 of the Revised 1,807
41
Code and render a decision within thirty days of the filing of 1,809
the appeal.
The chief of the division of oil and gas shall not issue a 1,811
permit to drill a new well or reopen a well that is or is to be 1,813
located within three hundred feet of any opening of any mine used
as a means of ingress, egress, or ventilation for persons 1,814
employed in the mine, nor within one hundred feet of any building 1,816
or inflammable structure connected with the mine and actually 1,818
used as a part of the operating equipment of the mine, unless the
chief of the division of mines and reclamation determines that 1,820
life or property will not be endangered by drilling and operating 1,822
the well in that location. 1,823
The chief of the division of mines and reclamation may 1,825
suspend the drilling or reopening of a well in a coal bearing 1,826
township after determining that the drilling or reopening 1,827
activities present an imminent and substantial threat to public 1,828
health or safety or to miners' health or safety and having been 1,829
unable to contact the chief of the division of oil and gas to 1,831
request an order of suspension under section 1509.06 of the 1,832
Revised Code. Before issuing a suspension order for this 1,833
purpose, the chief of the division of mines and reclamation shall 1,834
notify the owner in a manner that in the chief's judgment would 1,836
provide reasonable notification that the chief intends to issue a 1,837
suspension order. The chief may issue such an order without 1,838
prior notification if reasonable attempts to notify the owner 1,839
have failed, but in that event notification shall be given as 1,840
soon thereafter as practical. Within five calendar days after 1,841
the issuance of the order, the chief shall provide the owner an 1,842
opportunity to be heard and to present evidence that the
activities do not present an imminent and substantial threat to 1,843
public health or safety or to miners' health or safety. If, 1,844
after considering the evidence presented by the owner, the chief 1,845
determines that the activities do not present such a threat, the 1,846
chief shall revoke the suspension order. An owner may appeal a 1,847
42
suspension order issued by the chief of the division of mines and 1,848
reclamation under this section to the mine examining board or may 1,849
appeal the order directly to the court of common pleas of the 1,850
county in which the well is located.
Sec. 1509.09. A well may be drilled under a permit only at 1,859
the location designated on the map required in section 1509.06 of 1,860
the Revised Code. The location of a well may be changed after 1,861
the issuance of a permit only with the approval of the chief of 1,862
the division of oil and gas and, if the well is located in a coal 1,863
bearing township, with the approval of the chief of the division 1,865
of mines and reclamation the same as required in section 1509.08 1,866
of the Revised Code for the application for a permit to drill a 1,867
well MINERAL RESOURCES MANAGEMENT unless the permit holder 1,869
requests the issuance of an emergency drilling permit under this 1,870
section due to a lost hole under such circumstances that 1,871
completion of the well is not feasible at the original location. 1,872
If a permit holder requests a change of location, he THE PERMIT 1,873
HOLDER shall return the original permit and file an amended map 1,875
indicating the proposed new location.
Drilling shall not be commenced at a new location until the 1,877
original permit bearing a notation of approval by the chief is 1,878
posted at the well site. However, a permit holder may commence 1,879
drilling at a new location without first receiving the prior 1,880
approval required by this section, if all of the following 1,881
conditions are met: 1,882
(A) Within one working day after spudding the new well, 1,884
the permit holder files a request for an emergency drilling 1,885
permit and submits to the chief an application for a permit that 1,886
meets the requirements of section 1509.06 of the Revised Code, 1,887
including the permit fee required by that section, with an 1,888
amended map showing the new location; 1,889
(B) An oil and gas well A MINERAL RESOURCES inspector is 1,891
present before spudding operations are commenced at the location; 1,893
(C) The original well is plugged prior to the skidding of 1,895
43
the drilling rig to the new location, and the plugging is 1,896
witnessed or verified by an oil and gas well A MINERAL RESOURCES 1,897
inspector or, if the well is located in a coal bearing township, 1,899
the gas storage well inspector or BOTH a deputy mine INSPECTOR 1,900
AND A MINERAL RESOURCES inspector unless the chief or his THE 1,902
CHIEF'S authorized representative temporarily waives the 1,903
requirement, but in any event the original well shall be plugged 1,904
before the drilling rig is moved from the location; 1,905
(D) The new location is within fifty feet of the original 1,907
location unless, upon request of the permit holder, the chief of 1,908
the division of oil and gas, with the approval of the chief of 1,909
the division of mines and reclamation if the well is located in a 1,910
coal bearing township, agrees to a new location farther than 1,911
fifty feet from the original location; 1,912
(E) The new location meets all the distance and spacing 1,914
requirements prescribed by rules adopted under sections 1509.23 1,915
and 1509.24 of the Revised Code; 1,916
(F) If the well is located in a coal bearing township, use 1,918
of the new well location has not been disapproved by the chief of 1,919
the division of mines and reclamation and has not been prohibited 1,920
as a term or condition of the permit under section 1509.08 of the 1,922
Revised Code. 1,923
If the chief of the division of oil and gas approves the 1,925
change of location, he THE CHIEF shall issue an emergency permit 1,927
within two working days after the filing of the request for the 1,928
emergency permit. If the chief disapproves the change of 1,929
location, he THE CHIEF shall, by order, deny the request and may 1,930
issue an appropriate enforcement order under section 1509.03 of 1,931
the Revised Code.
Sec. 1509.10. Any person drilling within the state shall, 1,940
within thirty days after the completion of the well, file with 1,941
the division of oil and gas MINERAL RESOURCES MANAGEMENT an 1,942
accurate log designating: 1,943
(A) The purpose for which the well was drilled; 1,945
44
(B) The character, depth, and thickness of geological 1,947
formations encountered, including fresh water, coal seams, 1,948
mineral beds, brine, and oil and gas bearing formations; 1,949
(C) The length in feet of the various sizes of casing and 1,951
tubing used in drilling the well, the amount removed after 1,952
completion, the type and setting depth of each packer, and all 1,953
other data relating to mudding in the annular space behind such 1,954
casing or tubing, indicating completion as a dry, gas, oil, 1,955
combination oil and gas, brine, or artificial brine well; 1,956
(D) The elevation above mean sea level of the point from 1,958
which the depth measurements were made, stating also the height 1,959
of the point above ground level at the well. 1,960
The log shall be submitted in duplicate. The first copy 1,962
shall be retained as a permanent record in the files of the 1,963
division, and the second copy shall be transmitted by the chief 1,964
of the division of oil and gas MINERAL RESOURCES MANAGEMENT to 1,965
the division of geological survey. 1,967
Any electric log, or radioactivity log, or other 1,969
geophysical log, if made in connection with the well shall be 1,970
filed with the division and the chief shall transmit such logs to 1,971
the division of geological survey. Such logs may be retained by 1,972
the owner for a period of not more than six months, or such 1,973
additional time as may be granted by the chief in writing, after 1,974
the completion of the well substantially to the depth shown in 1,975
the application required by section 1509.06 of the Revised Code. 1,976
Upon request in writing by the chief of the division of 1,978
geological survey prior to the beginning of drilling of the well, 1,979
the person drilling the well shall make available a complete set 1,980
of cuttings accurately identified as to depth. 1,981
The form of the log required by this section shall be one 1,983
which THAT has been approved by the chief of the division of oil 1,985
and gas MINERAL RESOURCES MANAGEMENT and the chief of the 1,986
division of geological survey. The filing of a log as required 1,988
by this section fulfills the requirement of filing a log with the 1,989
45
chief of the division of geological survey in section 1505.04 of 1,990
the Revised Code.
Sec. 1509.11. The owner of any well producing or capable 1,999
of producing oil or gas shall file with the chief of the division 2,000
of oil and gas MINERAL RESOURCES MANAGEMENT, on or before the 2,001
fifteenth day of April, a statement of production of oil, gas, 2,002
and brine for the last preceding calendar year in such form as 2,003
the chief may prescribe.
Sec. 1509.12. No owner of any well shall permit defective 2,012
casing or tubing in such well to leak fluids or gas which THAT 2,013
may cause damage to other permeable strata. Upon notice from the 2,015
chief of the division of oil and gas MINERAL RESOURCES 2,017
MANAGEMENT, such owner shall immediately repair such tubing or 2,018
casing or plug and abandon such well. 2,019
Unless written permission is granted by the chief, any well 2,021
which THAT is or becomes incapable of producing oil or gas in 2,022
commercial quantities shall be plugged, but no well shall be 2,023
required to be plugged under this section which THAT is being 2,024
used to produce oil or gas for domestic purposes, or which THAT 2,026
is being lawfully used for a purpose other than production of oil 2,027
or gas. When the chief finds that a well should be plugged, he 2,028
THE CHIEF shall notify the owner to that effect by order in 2,029
writing and shall specify in such order a reasonable time within 2,030
which to comply. No owner shall fail or refuse to plug a well 2,031
within the time specified in the order. Each day on which such a 2,032
well remains unplugged thereafter constitutes a separate offense. 2,033
Where the plugging method prescribed by rules adopted 2,035
pursuant to section 1509.15 of the Revised Code cannot be applied 2,036
or if applied would be ineffective in carrying out the protection 2,037
which THAT the law is meant to give, the chief of the division of 2,039
oil and gas, or if a well is located in a coal-bearing township, 2,040
the chief of the division of mines and reclamation, by order, may 2,041
designate a different method of plugging. The abandonment report 2,042
shall show the manner in which the well was plugged. 2,043
46
In case of oil or gas wells abandoned prior to September 1, 2,045
1951, the board of county commissioners of the county in which 2,046
such wells are located may submit to the electors of the county 2,047
the question of establishing a special fund, by special levy, 2,048
bond issue, or out of current funds, which shall be approved by a 2,049
majority of the electors voting upon such question for the 2,050
purpose of plugging such wells. The fund shall be administered 2,051
by the board and the plugging of oil and gas wells shall be under 2,052
the supervision of the chief of the division of oil and gas, and 2,053
the board shall let contracts for such purpose, provided that 2,054
such fund shall not be used for the purpose of plugging oil and 2,055
gas wells which THAT were abandoned subsequent to September 1, 2,056
1951. 2,057
Sec. 1509.13. No person shall plug and abandon a well 2,066
without having a permit to do so issued by the chief of the 2,067
division of oil and gas MINERAL RESOURCES MANAGEMENT. The permit 2,069
shall be issued by the chief in accordance with this chapter, and 2,070
the chief may establish by rule a period of time from date of 2,071
issue during which permits will be valid. Application by the 2,072
owner for a permit to plug and abandon shall be filed as many 2,073
days in advance as will be necessary for an oil and gas well A 2,074
MINERAL RESOURCES inspector or, if the well is located in a coal 2,076
bearing township, the gas storage well inspector or BOTH a deputy 2,077
mine INSPECTOR AND A MINERAL RESOURCES inspector to be present at 2,079
the plugging. The application shall be filed with the chief upon 2,080
a form that the chief prescribes and shall contain the following 2,083
information:
(A) The name and address of the owner; 2,085
(B) The signature of the owner or the owner's authorized 2,087
agent. When an authorized agent signs an application, it shall 2,089
be accompanied by a certified copy of the appointment as that 2,091
agent.
(C) The location of the well identified by section or lot 2,093
number, city, village, township, and county; 2,094
47
(D) Designation of well by name and number; 2,096
(E) The total depth of the well to be plugged; 2,098
(F) The date and amount of last production from the well; 2,100
(G) Other data that the chief may require. 2,103
If oil or gas has been produced from the well, the 2,105
application shall be accompanied by a fee of fifty dollars. If a 2,106
new dry well has been drilled in accordance with law and the 2,107
permit is still valid, the permit holder may receive approval to 2,108
plug the well from an oil and gas well A MINERAL RESOURCES 2,109
inspector or, if the well is located in a coal bearing township, 2,111
the gas storage well inspector or BOTH a deputy mine INSPECTOR 2,112
AND A MINERAL RESOURCES inspector so that the well can be plugged 2,115
and abandoned without undue delay. No well located outside a 2,116
coal bearing township shall be plugged and abandoned without an 2,117
oil and gas well A MINERAL RESOURCES inspector present unless 2,118
permission has been granted by the chief of the division of oil 2,119
and gas, and no well located within a coal bearing township shall 2,120
be plugged and abandoned without the gas storage well inspector 2,121
or a deputy mine inspector present unless permission has been 2,122
granted by the chief of the division of mines and reclamation. 2,124
The owner of the well shall give written notice at the same time 2,125
to the owner of the land upon which the well is located, the 2,126
owners or agents of adjoining land, adjoining well owners or 2,127
agents, and, if the well penetrates or passes within one hundred 2,128
feet of the excavations and workings of a mine, the owner or 2,129
lessee of that mine, of the well owner's intention to abandon the 2,130
well and of the time when the well owner will be prepared to 2,131
commence plugging it.
An applicant may file a request with the chief of the 2,133
division of oil and gas for expedited review of an application 2,134
for a permit to plug and abandon a well. The chief may refuse to 2,137
accept a request for expedited review if, in the chief's
judgment, acceptance of the request will prevent the issuance, 2,138
within twenty-one days of filing, of permits for which 2,139
48
applications filed under section 1509.06 of the Revised Code are 2,140
pending. In addition to a complete application for a permit that 2,141
meets the requirements of this section and the permit fee 2,142
prescribed by this section, if applicable, a request shall be 2,143
accompanied by a nonrefundable filing fee of two hundred fifty 2,144
dollars unless the chief has ordered the applicant to plug and 2,145
abandon the well. When a request for expedited review is filed, 2,146
the chief shall immediately begin to process the application and 2,147
shall issue a permit within seven days of the filing of the 2,148
request unless the chief, by order, denies the application. 2,150
Upon filing of an application for a permit to plug and 2,152
abandon a well that is located in a coal bearing township, the 2,153
chief shall cause the chief of the division of mines and 2,154
reclamation to be notified of the filing of the permit 2,155
application by telephone or other means that in the judgment of 2,156
the chief would provide timely notice of the application. 2,158
This section does not apply to a well plugged or abandoned 2,160
in compliance with section 1571.05 of the Revised Code. 2,162
Sec. 1509.14. Any person who abandons a well, when written 2,171
permission has been granted by the chief of the division of oil 2,172
and gas or the chief of the division of mines and reclamation 2,174
MINERAL RESOURCES MANAGEMENT to abandon and plug the well without 2,176
an inspector being present to supervise the plugging, shall make 2,178
a written report of the abandonment to the chief of the division 2,179
of oil and gas regardless of which chief granted permission for 2,180
the abandonment. The report shall be submitted to the chief of 2,182
the division of oil and gas not later than thirty days after the 2,184
date of abandonment and shall include all of the following: 2,186
(A) The date of abandonment; 2,188
(B) The name of the owner or operator of the well at the 2,190
time of abandonment and the post-office address of the owner or 2,192
operator; 2,193
(C) The location of the well as to township and county and 2,196
the name of the owner of the surface upon which the well is 2,197
49
drilled, with the address thereof; 2,198
(D) The date of the permit to drill; 2,200
(E) The date when drilled; 2,202
(F) The depth of the well; 2,204
(G) The depth of the top of the formation to which the 2,206
well was drilled; 2,207
(H) The depth of each seam of coal drilled through; 2,209
(I) A detailed report as to how the well was plugged, 2,212
giving in particular the manner in which the coal and various 2,213
formations were plugged, and the date of the plugging of the 2,215
well, including the names of those who witnessed the plugging of 2,217
the well.
The report shall be signed by the owner or operator, or the 2,220
agent of the owner or operator, who abandons and plugs the well 2,221
and verified by the oath of the party so signing. For the 2,223
purposes of this section, the oil and gas well inspectors, gas 2,224
storage well inspectors, or deputy mine MINERAL RESOURCES 2,225
inspectors may take acknowledgments and administer oaths to the 2,227
parties signing the report.
Sec. 1509.15. When any well is to be abandoned, it shall 2,236
first be plugged in accordance with a method of plugging adopted 2,237
by rule by the chief of the division of oil and gas, except that 2,238
if a well is located in a coal-bearing township, it shall be 2,239
plugged in accordance with a method of plugging adopted by rule 2,240
by the chief of the division of mines and reclamation MINERAL 2,241
RESOURCES MANAGEMENT. The abandonment report shall show the 2,243
manner in which the well was plugged.
Sec. 1509.17. Any person who drills a well shall, before 2,252
drilling into the principal or major producing formation therein, 2,253
encase such well with good and sufficient wrought iron or steel 2,254
casing so as to exclude all surface, fresh, or salt water from 2,255
any part of such well penetrating the oil or gas bearing sand or 2,256
rock or fresh water strata. The method of placing such casing 2,257
shall be approved by the chief of the division of oil and gas, 2,258
50
MINERAL RESOURCES MANAGEMENT and shall be in accord with the most 2,260
approved method used in the operation of such type of well. The 2,261
chief may, in lieu of the casing method outlined in this section, 2,262
accept adequate mudding methods with prepared clay in the annular 2,263
space behind such casing in sufficient quantities to shut of OFF 2,264
all gas or oil and which THAT will exclude all surface, fresh, or 2,265
salt water from any part of such well penetrating the oil, gas, 2,267
or mineral bearing formation, or fresh water strata. 2,268
Written approval from the chief is required in each case. 2,270
In the operation of a gas well, it is permissible, with the 2,271
written consent of the chief, to withdraw all casing in such 2,272
well, leaving only the tubing and the packer therein, provided 2,273
that such well is filled with prepared clay from the top of such 2,274
packer to the surface, as each succeeding string of casing in 2,275
such well is withdrawn. When the well penetrates the excavations 2,276
of a mine, the casing shall remain intact as provided in section 2,277
1509.18 of the Revised Code and be plugged and abandoned in 2,278
accordance with section 1509.15 of the Revised Code. 2,279
Sec. 1509.18. Any person who drills a well within the 2,288
limits of a mining operation shall give consideration for the 2,289
safety of the men PERSONNEL working in such mine, and, if 2,290
possible, shall locate such well so as to penetrate a pillar. 2,291
If a well is to be drilled within the limits of a mining 2,293
operation which THAT may penetrate the excavation of a mine, the 2,294
hole shall be reduced approximately fifteen feet above the roof 2,296
of the mine. If roof conditions at the mine warrant, the hole 2,297
shall be reduced in the rock formation immediately above such 2,298
mine, and a string of casing placed upon the shoulder so as to 2,299
shut off all water, then drilling shall be continued to a point 2,300
approximately thirty feet below the floor of the mine and another 2,301
string of casing set. Both strings of casing shall be 2,302
approximately the same diameter as the diameter of the hole. 2,303
If no water is encountered between the bottom of the drive 2,305
pipe and the approximate casing shoulder above the roof of such 2,306
51
mine, in lieu of the casing method outlined above, it is 2,307
permissible to use the following casing method: the hole shall 2,308
be drilled thirty feet below the floor of the mine and a string 2,309
of casing shall be extended from the surface to a point thirty 2,310
feet below the floor of the mine with a packer of sufficient size 2,311
attached to such string of casing. Such packer shall be placed 2,312
so that it will be below all water and will be located in the 2,313
rock formation immediately above such mine and shall prevent 2,314
water or destructive matter from entering therein. Then the 2,315
annular space above such packer between the casing and well wall 2,316
shall be filled with prepared clay a minimum distance of fifty 2,317
feet. 2,318
If a well is drilled within the limits of a mining 2,320
operation and does not penetrate the excavations of a mine, the 2,321
hole shall be reduced thirty feet below the coal or mineral which 2,322
THAT is being mined and a string of casing placed at this point. 2,323
The annular space behind such casing shall be filled with neat 2,324
cement from the casing seat to a point not less than fifty feet 2,325
above such seam of coal or mineral which THAT is being mined. 2,326
The packer method, outlined in this section, is also permissible 2,328
in this type of well. 2,329
It is permissible to attach a release coupling or a right 2,331
and left nipple to the string of casing that extends through the 2,332
mine, but such release coupling or right and left nipple shall be 2,333
placed in such a manner that it is above the packer or at least 2,334
twenty feet above the coal or mineral that is being mined. 2,335
In wells penetrating the excavation of a mine, the casing 2,337
shall be enclosed, if possible, with a column extending from the 2,338
floor to the roof of such mine, built of brick or other suitable 2,339
material, subject to the approval of the chief of the division of 2,341
mines and reclamation MINERAL RESOURCES MANAGEMENT. If the chief 2,342
finds the method prescribed in this section unsafe, inadequate, 2,343
or not suitable, he THE CHIEF shall require such method to be 2,344
altered in such manner that it will be safe. 2,345
52
Sec. 1509.21. No person shall, without first having 2,354
obtained a permit from the chief of the division of oil and gas 2,355
MINERAL RESOURCES MANAGEMENT, conduct secondary or additional 2,357
recovery operations, including any underground injection of 2,358
fluids for the secondary or tertiary recovery of oil or natural 2,359
gas or for the storage of hydrocarbons that are liquid at 2,360
standard temperature or pressure, unless a rule of the chief 2,361
expressly authorizes such operations without a permit. Such 2,362
permit shall be in addition to any permit required by section 2,363
1509.05 of the Revised Code. Secondary or additional recovery 2,364
operations shall be conducted in accordance with rules and orders 2,365
of the chief and any terms or conditions of the permit
authorizing such operations. Rules adopted under this section 2,366
shall include provisions regarding applications for and the 2,367
issuance of permits; the terms and conditions of permits; entry 2,368
to conduct inspections and to examine records to ascertain 2,369
compliance with this section and rules, orders, and terms and 2,370
conditions of permits ADOPTED OR issued thereunder; the provision 2,371
and maintenance of information through monitoring, recordkeeping, 2,372
and reporting; and other provisions in furtherance of the goals 2,373
of this section and the "Safe Drinking Water Act." To implement 2,374
the goals of the "Safe Drinking Water Act," 88 Stat. 1661, 42 2,376
U.S.C.A 300(f), as amended, the chief shall not issue a permit 2,377
for the underground injection of fluids for the secondary or 2,378
tertiary recovery of oil or natural gas or for the storage of 2,379
hydrocarbons that are liquid at standard temperature and 2,380
pressure, unless the chief concludes that the applicant has 2,381
demonstrated that the injection will not result in the presence 2,382
of any contaminant in underground water that supplies or can be 2,383
reasonably expected to supply any public water system, such that 2,384
the presence of any such contaminant may result in the system's 2,385
not complying with any national primary drinking water regulation 2,386
or may otherwise adversely affect the health of persons. Rules, 2,387
orders, and terms or conditions of permits ADOPTED OR issued 2,388
53
under this section shall be construed to be no more stringent 2,389
that THAN required for compliance with the Safe Drinking Water 2,390
Act, unless essential to ensure that underground sources of 2,391
drinking water will not be endangered. 2,392
Sec. 1509.22. (A) Except when acting in accordance with 2,401
section 1509.226 of the Revised Code, no person shall place or 2,402
cause to be placed brine in surface or ground water or in or on 2,403
the land in such quantities or in such manner as actually causes 2,404
or could reasonably be anticipated to cause either of the 2,405
following:
(1) Water used for consumption by humans or domestic 2,407
animals to exceed the standards of the Safe Drinking Water Act; 2,409
(2) Damage or injury to public health or safety or the 2,411
environment. 2,412
(B) No person shall store or dispose of brine in violation 2,414
of a plan approved under division (A) of section 1509.222 or 2,415
section 1509.226 of the Revised Code, in violation of a 2,416
resolution submitted under section 1509.226 of the Revised Code, 2,417
or in violation of rules or orders applicable to those plans or 2,419
resolutions. 2,420
(C) The chief of the division of oil and gas MINERAL 2,422
RESOURCES MANAGEMENT shall adopt rules and issue orders regarding 2,424
storage and disposal of brine and other waste substances; 2,425
however, the storage and disposal of brine and the chief's rules 2,426
relating to storage and disposal are subject to all of the 2,427
following standards:
(1) Brine from any well except an exempt Mississippian 2,429
well shall be disposed of only by injection into an underground 2,431
formation, including annular disposal if approved by rule of the 2,432
chief, which injection shall be subject to division (D) of this 2,433
section; by surface application in accordance with section 2,434
1509.226 of the Revised Code; in association with a method of 2,435
enhanced recovery as provided in section 1509.21 of the Revised 2,436
Code; or by other methods approved by the chief for testing or 2,437
54
implementing a new technology or method of disposal. Brine from 2,438
exempt Mississippian wells shall not be discharged directly into 2,439
the waters of the state. 2,440
(2) Muds, cuttings, and other waste substances shall not 2,442
be disposed of in violation of any rule; 2,443
(3) Pits may be used for containing brine and other waste 2,445
substances resulting from, obtained from, or produced in 2,446
connection with drilling, fracturing, reworking, reconditioning, 2,448
plugging back, or plugging operations, but the pits shall be 2,449
constructed and maintained to prevent the escape of brine and 2,451
other waste substances. A dike or pit may be used for spill 2,453
prevention and control. A dike or pit so used shall be 2,454
constructed and maintained to prevent the escape of brine, and 2,455
the reservoir within such a dike or pit shall be kept reasonably 2,456
free of brine and other waste substances. 2,457
(4) Earthen impoundments constructed pursuant to the 2,459
division's specifications may be used for the temporary storage 2,460
of brine and other waste substances in association with a 2,461
saltwater injection well, an enhanced recovery project, or a 2,462
solution mining project; 2,463
(5) No pit, earthen impoundment, or dike shall be used for 2,465
the temporary storage of brine except in accordance with 2,466
divisions (C)(3) and (4) of this section; 2,467
(6) No pit or dike shall be used for the ultimate disposal 2,469
of brine. 2,470
(D) No person, without first having obtained a permit from 2,473
the chief, shall inject brine or other waste substances resulting 2,474
from, obtained from, or produced in connection with oil or gas 2,476
drilling, exploration, or production into an underground 2,477
formation unless a rule of the chief expressly authorizes the 2,478
injection without a permit. The permit shall be in addition to 2,479
any permit required by section 1509.05 of the Revised Code, and 2,480
the permit application shall be accompanied by a permit fee of 2,481
one hundred dollars. The chief shall adopt rules in accordance 2,482
55
with Chapter 119. of the Revised Code regarding the injection 2,483
into wells of brine and other waste substances resulting from, 2,484
obtained from, or produced in connection with oil or gas 2,485
drilling, exploration, or production. The rules shall include 2,486
provisions regarding applications for and issuance of the permits 2,487
required by this division; entry to conduct inspections and to 2,488
examine and copy records to ascertain compliance with this 2,489
division and rules, orders, and terms and conditions of permits 2,490
adopted or issued under it; the provision and maintenance of 2,491
information through monitoring, recordkeeping, and reporting; and 2,493
other provisions in furtherance of the goals of this section and 2,494
the Safe Drinking Water Act. To implement the goals of the Safe 2,495
Drinking Water Act, the chief shall not issue a permit for the 2,497
injection of brine or other waste substances resulting from, 2,498
obtained from, or produced in connection with oil or gas 2,500
drilling, exploration, or production unless the chief concludes 2,501
that the applicant has demonstrated that the injection will not 2,502
result in the presence of any contaminant in ground water that 2,503
supplies or can reasonably be expected to supply any public water 2,504
system, such that the presence of the contaminant may result in 2,505
the system's not complying with any national primary drinking 2,506
water regulation or may otherwise adversely affect the health of 2,507
persons. This division and rules, orders, and terms and 2,508
conditions of permits adopted or issued under it shall be 2,509
construed to be no more stringent than required for compliance 2,511
with the Safe Drinking Water Act unless essential to ensure that 2,512
underground sources of drinking water will not be endangered. 2,513
(E) The owner holding a permit, or an assignee or 2,515
transferee who has assumed the obligations and liabilities 2,516
imposed by this chapter and any rules adopted or orders issued 2,518
under it pursuant to section 1509.31 of the Revised Code, and the 2,520
operator of a well shall be liable for a violation of this 2,521
section or any rules adopted or orders or terms or conditions of 2,522
a permit issued under it.
56
(F) An owner shall replace the water supply of the holder 2,524
of an interest in real property who obtains all or part of the 2,526
holder's supply of water for domestic, agricultural, industrial, 2,527
or other legitimate use from an underground or surface source 2,528
where the supply has been substantially disrupted by 2,529
contamination, diminution, or interruption proximately resulting 2,530
from the owner's oil or gas operation, or the owner may elect to 2,531
compensate the holder of the interest in real property for the 2,532
difference between the fair market value of the interest before 2,533
the damage occurred to the water supply and the fair market value 2,534
after the damage occurred if the cost of replacing the water 2,535
supply exceeds this difference in fair market values. However, 2,536
during the pendency of any order issued under this division, the 2,537
owner shall obtain for the holder or shall reimburse the holder 2,538
for the reasonable cost of obtaining a water supply from the time 2,539
of the contamination, diminution, or interruption by the 2,540
operation until the owner has complied with an order of the chief 2,541
for compliance with this division or such an order has been 2,542
revoked or otherwise becomes not effective. If the owner elects 2,543
to pay the difference in fair market values, but the owner and 2,544
the holder have not agreed on the difference within thirty days 2,545
after the chief issues an order for compliance with this 2,546
division, within ten days after the expiration of that thirty-day 2,547
period, the owner and the chief each shall appoint an appraiser 2,549
to determine the difference in fair market values, except that 2,550
the holder of the interest in real property may elect to appoint 2,551
and compensate the holder's own appraiser, in which case the 2,552
chief shall not appoint an appraiser. The two appraisers 2,554
appointed shall appoint a third appraiser, and within thirty days 2,555
after the appointment of the third appraiser, the three 2,556
appraisers shall hold a hearing to determine the difference in 2,557
fair market values. Within ten days after the hearing, the 2,558
appraisers shall make their determination by majority vote and 2,559
issue their final determination of the difference in fair market 2,560
57
values. The chief shall accept a determination of the difference 2,561
in fair market values made by agreement of the owner and holder 2,562
or by appraisers under this division and shall make and dissolve 2,563
orders accordingly. This division does not affect in any way the 2,564
right of any person to enforce or protect, under applicable law, 2,565
the person's interest in water resources affected by an oil or 2,566
gas operation.
(G) In any action brought by the state for a violation of 2,568
division (A) of this section involving any well at which annular 2,569
disposal is used, there shall be a rebuttable presumption 2,570
available to the state that the annular disposal caused the 2,571
violation if the well is located within a one-quarter mile radius 2,572
of the site of the violation. 2,573
Sec. 1509.221. No person, without first having obtained a 2,582
permit from the chief of the division of oil and gas MINERAL 2,583
RESOURCES MANAGEMENT, shall drill a well or inject a substance 2,585
into a well for the exploration for or extraction of minerals or 2,586
energy, other than oil or natural gas, including, but not limited 2,587
to, the mining of sulfur by the Frasch process, the solution 2,588
mining of minerals, the in situ combustion of fossil fuel, or the 2,589
recovery of geothermal energy to produce electric power, unless a 2,590
rule of the chief expressly authorizes the activity without a 2,591
permit. The permit shall be in addition to any permit required 2,592
by section 1509.05 of the Revised Code. The chief shall adopt 2,593
rules in accordance with Chapter 119. of the Revised Code 2,594
governing the issuance of permits under this section. The rules 2,595
shall include provisions regarding the matters the applicant for 2,596
a permit shall demonstrate to establish eligibility for a permit; 2,597
the form and content of applications for permits; the terms and 2,598
conditions of permits; entry to conduct inspections and to 2,599
examine and copy records to ascertain compliance with this 2,600
section and rules, orders, and terms and conditions of permits 2,601
ADOPTED OR issued thereunder; provision and maintenance of 2,602
information through monitoring, recordkeeping, and reporting; and 2,603
58
other provisions in furtherance of the goals of this section and 2,604
the "Safe Drinking Water Act," 88 Stat. 1661, 42 U.S.C.A. 2,605
300(f), as amended. To implement the goals of the Safe Drinking 2,606
Water Act, the chief shall not issue a permit under this section, 2,607
unless he THE CHIEF concludes that the applicant has demonstrated 2,609
that the drilling, injection of a substance, and extraction of 2,610
minerals or energy will not result in the presence of any 2,611
contaminant in underground water that supplies or can reasonably 2,612
be expected to supply any public water system, such that the 2,613
presence of the contaminant may result in the system's not 2,614
complying with any national primary drinking water regulation or 2,615
may otherwise adversely affect the health of persons. The chief 2,616
may issue, without a prior adjudication hearing, orders requiring 2,617
compliance with this section and rules, orders, and terms and 2,618
conditions or OF permits ADOPTED OR issued thereunder. This 2,619
section and rules, orders, and terms and conditions of permits 2,620
ADOPTED OR issued thereunder shall be construed to be no more 2,622
stringent than required for compliance with the Safe Drinking 2,623
Water Act, unless essential to ensure that underground sources of 2,624
drinking water will not be endangered. 2,625
In an action under section 1509.04 or 1509.33 of the 2,627
Revised Code to enforce this section, the court shall grant 2,628
preliminary and permanent injunctive relief and impose a civil 2,629
penalty upon the showing that the person against whom the action 2,630
is brought has violated, is violating, or will violate this 2,631
section or rules, orders, or terms or conditions of permits 2,632
ADOPTED OR issued thereunder. The court shall not require, prior 2,633
to granting such preliminary and permanent injunctive relief or 2,634
imposing a civil penalty, proof that the violation was, is, or 2,635
will be the result of intentional conduct or negligence. In any 2,636
such action, any person may intervene as a plaintiff upon the 2,637
demonstration that the person has an interest that is or may be 2,638
adversely affected by the activity for which injunctive relief or 2,639
a civil penalty is sought. 2,640
59
Sec. 1509.222. (A)(1) Except as provided in section 2,649
1509.226 of the Revised Code, no person shall transport brine by 2,650
vehicle in this state unless the business entity that employs the 2,651
person first registers with and obtains a registration 2,652
certificate and identification number from the chief of the 2,653
division of oil and gas MINERAL RESOURCES MANAGEMENT. 2,654
(2) No more than one registration certificate shall be 2,656
required of any business entity. Registration certificates 2,657
issued under this section are not transferable. An applicant 2,659
shall file an application with the chief, containing such 2,660
information in such form as the chief prescribes, but including a 2,661
plan for disposal that provides for compliance with the 2,662
requirements of this chapter and rules of the chief pertaining to 2,663
the transportation of brine by vehicle and the disposal of brine 2,664
so transported and that lists all disposal sites that the 2,665
applicant intends to use, the bond required by section 1509.225 2,666
of the Revised Code, and a certificate issued by an insurance 2,667
company authorized to do business in this state certifying that 2,668
the applicant has in force a liability insurance policy in an 2,669
amount not less than three hundred thousand dollars bodily injury 2,670
coverage and three hundred thousand dollars property damage 2,671
coverage to pay damages for injury to persons or property caused 2,672
by the collecting, handling, transportation, or disposal of 2,673
brine. The policy shall be maintained in effect during the term 2,674
of the registration certificate. The policy or policies 2,675
providing the coverage shall require the insurance company to 2,677
give notice to the chief if the policy or policies lapse for any 2,678
reason. Upon such termination of the policy, the chief may 2,679
suspend the registration certificate until proper insurance 2,680
coverage is obtained. Each application for a registration 2,681
certificate shall be accompanied by a nonrefundable fee of five 2,682
hundred dollars. 2,683
(B) The chief shall issue an order denying an application 2,685
for a registration certificate if the chief finds that either of 2,686
60
the following applies: 2,687
(1) The applicant, at the time of applying for the 2,689
registration certificate, has been found liable by a final 2,690
nonappealable order of a court of competent jurisdiction for 2,691
damage to streets, roads, highways, bridges, culverts, or 2,692
drainways pursuant to section 4513.34 or 5577.12 of the Revised 2,693
Code until the applicant provides the chief with evidence of 2,694
compliance with the order; 2,695
(2) The applicant's plan for disposal does not provide for 2,697
compliance with the requirements of this chapter and rules of the 2,698
chief pertaining to the transportation of brine by vehicle and 2,699
the disposal of brine so transported. 2,700
(C) No applicant shall attempt to circumvent division (B) 2,702
of this section by applying for a registration certificate under 2,703
a different name or business organization name, by transferring 2,704
responsibility to another person or entity, or by any similar 2,705
act. 2,706
(D) A registered transporter shall apply to revise a 2,708
disposal plan under procedures that the chief shall prescribe by 2,709
rule. However, at a minimum, an application for a revision shall 2,710
list all sources and disposal sites of brine currently 2,711
transported. The chief shall deny any application for a 2,712
revision of a plan under this division if the chief finds that 2,713
the proposed revised plan does not provide for compliance with 2,714
the requirements of this chapter and rules of the chief 2,715
pertaining to the transportation of brine by vehicle and the 2,716
disposal of brine so transported. Approvals and denials of 2,717
revisions shall be by order of the chief. 2,718
(E) The chief may adopt rules, issue orders, and attach 2,720
terms and conditions to registration certificates as may be 2,721
necessary to administer, implement, and enforce sections 1509.222 2,722
to 1509.226 of the Revised Code for protection of public health 2,723
or safety or conservation of natural resources. 2,724
Sec. 1509.223. (A) No permit holder or owner of a well 2,733
61
shall enter into an agreement with or permit any person to 2,734
transport brine produced from the well who is not registered 2,735
pursuant to section 1509.222 of the Revised Code or exempt from 2,736
registration under section 1509.226 of the Revised Code. 2,737
(B) Each registered transporter shall file with the chief 2,739
of the division of oil and gas MINERAL RESOURCES MANAGEMENT, on 2,740
or before the fifteenth day of April, a statement concerning 2,742
brine transported, including quantities transported and source 2,743
and delivery points, during the last preceding calendar year, and 2,744
such other information in such form as the chief may prescribe. 2,745
(C) Each registered transporter shall keep on each vehicle 2,747
used to transport brine a daily log and have it available upon 2,748
the request of the chief or an authorized representative of the 2,749
chief or a peace officer. The log shall, at a minimum, include 2,750
ALL OF the following information: 2,751
(1) The name of the owner or owners of the well or wells 2,753
producing the brine to be transported; 2,754
(2) The date and time the brine is loaded; 2,756
(3) The name of the driver; 2,758
(4) The amount of brine loaded at each collection point; 2,760
(5) The disposal location; and 2,762
(6) The date and time the brine is disposed of and the 2,764
amount of brine disposed of at each location. 2,765
No registered transporter shall falsify or fail to keep or 2,767
submit the log required by this division. 2,768
(D) Each registered transporter shall legibly identify 2,770
with reflective paints all vehicles employed in transporting or 2,771
disposing of brine. Letters shall be no less than four inches in 2,772
height and shall indicate the identification number issued by the 2,773
chief, the word "brine," and the name and telephone number of the 2,774
transporter. 2,775
(E) The chief shall maintain and keep a current list of 2,777
persons registered to transport brine under section 1509.222 of 2,778
the Revised Code. The list shall be open to public inspection. 2,779
62
It is an affirmative defense to a charge under division (A) of 2,780
this section that at the time the permit holder or owner of a 2,781
well entered into an agreement with or permitted a person to 2,782
transport brine, the person was shown on the list as currently 2,783
registered to transport brine. 2,784
Sec. 1509.224. (A) In addition to any other remedies 2,793
provided in Chapter 1509. of the Revised Code THIS CHAPTER, if 2,794
the chief of the division of oil and gas MINERAL RESOURCES 2,796
MANAGEMENT has reason to believe that a pattern of the same or 2,798
similar violations of any requirements of sections 1509.22, 2,799
1509.222, or 1509.223 of the Revised Code, or any rule adopted 2,800
thereunder or term or condition of the registration certificate 2,801
issued thereunder exists or has existed, and the violations are 2,802
caused by the transporter's indifference, lack of diligence, or 2,803
lack of reasonable care, or are willfully caused by the 2,804
transporter, the chief shall immediately issue an order to the 2,805
transporter to show cause why the certificate should not be
suspended or revoked. After the issuance of the order, the chief 2,806
shall provide the transporter an opportunity to be heard and to 2,807
present evidence at an informal hearing conducted by the chief. 2,808
If, at the conclusion of the hearing, the chief finds that such a 2,809
pattern of violations exists or has existed, he THE CHIEF shall 2,810
issue an order suspending or revoking the transporter's 2,811
registration certificate. An order suspending or revoking a 2,812
certificate under this section may be appealed under sections 2,813
1509.36 and 1509.37 of the Revised Code, or notwithstanding any 2,814
other provision of this chapter, may be appealed directly to the 2,815
court of common pleas of Franklin county. 2,816
(B) Before issuing an order denying a registration 2,818
certificate; approving or denying approval of an application for 2,819
revision of a registered transporter's plan for disposal; or to 2,820
implement, administer, or enforce section 1509.22, 1509.222, 2,821
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and 2,822
terms and conditions of registration certificates ADOPTED OR 2,823
63
issued thereunder pertaining to the transportation of brine by 2,824
vehicle and the disposal of brine so transported, the chief shall 2,825
issue a preliminary order indicating the chief's intent to issue 2,826
a final order. The preliminary order shall clearly state the 2,827
nature of the chief's proposed action and the findings on which 2,828
it is based and shall state that the preliminary order becomes a 2,829
final order thirty days after its issuance unless the person to 2,830
whom the preliminary order is directed submits to the chief a 2,831
written request for an informal hearing before the chief within 2,832
that thirty-day period. At the hearing the person may present 2,833
evidence as to why the preliminary order should be revoked or 2,834
modified. Based upon the findings from the informal hearing, the 2,835
chief shall revoke, issue, or modify and issue the preliminary 2,836
order as a final order. A final order may be appealed under 2,837
sections 1509.36 and 1509.37 of the Revised Code. 2,838
Sec. 1509.225. (A) Before being issued a registration 2,847
certificate under section 1509.222 of the Revised Code, an 2,848
applicant shall execute and file with the division of oil and gas 2,849
MINERAL RESOURCES MANAGEMENT a surety bond for fifteen thousand 2,851
dollars to provide compensation for damage and injury resulting 2,852
from transporters' violations of sections 1509.22, 1509.222, and 2,853
1509.223 of the Revised Code, all rules and orders of the chief 2,854
of the division of oil and gas MINERAL RESOURCE MANAGEMENT 2,855
relating thereto, and all terms and conditions of the 2,857
registration certificate imposed thereunder. The applicant may 2,858
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 2,859
negotiable certificates of deposit issued by any bank organized 2,860
or transacting business in this state, or certificates of deposit 2,861
issued by any building and loan association as defined in section 2,862
1151.01 of the Revised Code, having a cash value equal to or 2,863
greater than the amount of the surety bond as prescribed in this 2,864
section. Cash or certificates of deposit shall be deposited upon 2,865
the same terms as those upon which surety bonds may be deposited. 2,866
64
If certificates of deposit are deposited with the chief in lieu 2,867
of a surety bond, he THE CHIEF shall require the bank or building 2,869
and loan association that issued any such certificate to pledge 2,870
securities of a cash value equal to the amount of the certificate 2,871
that is in excess of the amount insured by any of the agencies 2,872
and instrumentalities created by or under the following acts and 2,873
amendments thereto: 2,874
(1) "Federal Deposit Insurance Corporation ACT," 64 Stat. 2,877
873 (1950), 12 U.S.C. 1811; 2,878
(2) Federal Savings and Loan Insurance Corporation, 48 2,880
Stat. 1256, 12 U.S.C. 1726; 2,881
(3) Deposit guaranty association, sections 1151.80 to 2,883
1151.92 of the Revised Code, AS AMENDED, AND REGULATIONS ADOPTED 2,884
UNDER IT, INCLUDING AT LEAST THE FEDERAL DEPOSIT INSURANCE 2,885
CORPORATION, BANK INSURANCE FUND, AND SAVINGS ASSOCIATION 2,886
INSURANCE FUND.
Such securities shall be security for the repayment of the 2,888
certificate of deposit. Immediately upon a deposit of cash or 2,889
certificates with the chief, he THE CHIEF shall deliver it to the 2,891
treasurer of the state who shall hold it in trust for the 2,892
purposes for which it has been deposited. 2,893
(B) The surety bond provided for in this section shall be 2,895
executed by a surety company authorized to do business in this 2,896
state. The chief shall not approve any bond until it is 2,897
personally signed and acknowledged by both principal and surety, 2,898
or as to either by his AN attorney in fact, with a certified copy 2,900
of the power of attorney attached thereto. The chief shall not
approve such bond unless there is attached a certificate of the 2,901
superintendent of insurance that the company is authorized to 2,902
transact a fidelity and surety business in this state. All bonds 2,903
shall be given in a form to be prescribed by the chief. 2,904
(C) If a registered transporter is found liable for a 2,906
violation of section 1509.22, 1509.222, or 1509.223 of the 2,907
Revised Code or a rule, order, OR term, or condition of a 2,908
65
certificate involving, in any case, damage or injury to persons 2,909
or property, or both, the court may order the forfeiture of any 2,910
portion of the bond, cash, or other securities required by this 2,911
section in full or partial payment of damages to the person to 2,912
whom the damages are due. The treasurer of state and the chief 2,913
shall deliver the bond or any cash or other securities deposited 2,914
in lieu of bond, as specified in the court's order, to the person 2,915
to whom the damages are due; however, execution against the bond, 2,916
cash, or other securities, if necessary, is the responsibility of 2,917
the person to whom the damages are due. The chief shall not 2,918
release the bond, cash, or securities required by this section 2,919
except by court order or until two years after the date on which 2,920
a registration is terminated. 2,921
Sec. 1509.226. (A) If a board of county commissioners, a 2,930
board of township trustees, or the legislative authority of a 2,931
municipal corporation wishes to permit the surface application of 2,932
brine to roads, streets, highways, and other similar land 2,933
surfaces it owns or has the right to control for control of dust 2,934
or ice, it may adopt a resolution permitting such application as 2,935
provided in this section. If a board or legislative authority 2,936
does not adopt such a resolution, then no such surface 2,937
application of brine is permitted on such roads, streets, 2,938
highways, and other similar surfaces. If a board or legislative 2,939
authority votes on a proposed resolution to permit such surface 2,940
application of brine, but the resolution fails to receive the 2,941
affirmative vote of a majority of the board or legislative 2,942
authority, the board or legislative authority shall not adopt 2,943
such a resolution for one year following the date on which the 2,944
vote was taken. A board or legislative authority shall hold at 2,945
least one public hearing on any proposal to permit surface 2,946
application of brine under this division and may hold additional 2,947
hearings. The board or legislative authority shall publish 2,948
notice of the time and place of each such public hearing in a 2,949
newspaper of general circulation in the political subdivision at 2,950
66
least five days before the day on which the hearing is to be 2,951
held. 2,952
(B) If a board or legislative authority adopts a 2,954
resolution permitting the surface application of brine to roads, 2,955
streets, highways, and other similar land surfaces under division 2,956
(A) of this section, the board or legislative authority shall, 2,957
within thirty days after the adoption of the resolution, prepare 2,958
and submit to the chief of the division of oil and gas MINERAL 2,959
RESOURCES MANAGEMENT a copy of the resolution. Any department, 2,961
agency, or instrumentality of this state or the United States 2,962
that wishes to permit the surface application of brine to roads, 2,963
streets, highways, and other similar land surfaces it owns or has 2,964
a right to control shall prepare and submit guidelines for such 2,965
application, but need not adopt a resolution under division (A) 2,966
of this section permitting such surface application. 2,967
All resolutions and guidelines shall be subject to the 2,969
following standards: 2,970
(1) Brine shall not be applied: 2,972
(a) To a water-saturated surface; 2,974
(b) Directly to vegetation near or adjacent to surfaces 2,976
being treated; 2,977
(c) Within twelve feet of structures crossing bodies of 2,979
water or crossing drainage ditches; 2,980
(d) Between sundown and sunrise, except for ice control. 2,982
(2) The discharge of brine through the spreader bar shall 2,984
stop when the application stops;. 2,985
(3) The applicator vehicle shall be moving at least five 2,987
miles per hour at all times while the brine is being applied;. 2,988
(4) The maximum spreader bar nozzle opening shall be 2,990
three-quarters of an inch in diameter;. 2,991
(5) The maximum uniform application rate of brine shall be 2,993
three thousand gallons per mile on a twelve-foot-wide road or 2,994
three gallons per sixty square feet on unpaved lots;. 2,995
(6) The applicator vehicle discharge valve shall be closed 2,997
67
between the brine collection point and the specific surfaces that 2,998
have been approved for brine application;. 2,999
(7) Any valves that provide for tank draining other than 3,001
through the spreader bar shall be closed during the brine 3,002
application and transport;. 3,003
(8) The angle of discharge from the applicator vehicle 3,005
spreader bar shall not be greater than sixty degrees from the 3,006
perpendicular to the unpaved surface;. 3,007
(9) Only the last twenty-five per cent of an applicator 3,009
vehicle's contents shall be allowed to have a pressure greater 3,010
than atmospheric pressure; therefore, the first seventy-five per 3,011
cent of the applicator vehicle's contents shall be discharged 3,012
under atmospheric pressure. 3,013
If a resolution or guidelines contain only the standards 3,015
listed in division (B)(1) to (9) of this section, without 3,016
addition or qualification, the resolution or guildelines 3,017
GUIDELINES shall be deemed effective when submitted to the chief 3,018
without further action by the chief. All other resolutions and 3,019
guidelines shall comply with and be no less stringent than this 3,020
chapter, rules concerning surface application that the chief 3,021
shall adopt under division (C) of section 1509.22 of the Revised 3,022
Code, and other rules of the chief. Within fifteen days after 3,023
receiving such other resolutions and guidelines, the chief shall 3,024
review them for compliance with the law and rules and disapprove 3,025
them if they do not comply. 3,026
The board, legislative authority, or department, agency, or 3,028
instrumentality may revise and resubmit any resolutions or 3,029
guidelines that the chief disapproves after each disapproval, and 3,030
the chief shall again review and approve or disapprove them 3,031
within fifteen days after receiving them. The board, legislative 3,032
authority, or department, agency, or instrumentality may amend 3,033
any resolutions or guidelines previously approved by the chief 3,034
and submit them, as amended, to the chief. The chief shall 3,035
receive, review, and approve or disapprove the amended 3,036
68
resolutions or guidelines on the same basis and in the same time 3,037
as original resolutions or guidelines. The board, legislative 3,038
authority, or department, agency, or instrumentality shall not 3,039
implement amended resolutions or guidelines until they are 3,040
approved by the chief under this division. 3,041
(C) Any person, other than a political subdivision 3,043
required to adopt a resolution under division (A) of this section 3,044
or a department, agency, or instrumentality of this state or the 3,045
United States, who owns or has a legal right or obligation to 3,046
maintain a road, street, highway, or other similar land surface 3,047
may file with the board of county commissioners a written plan 3,048
for the application of brine to the road, street, highway, or 3,049
other surface. The board need not approve any such plans, but if 3,050
it approves a plan, the plan shall comply with this chapter, 3,051
rules adopted thereunder, and the board's resolutions, if any. 3,052
Disapproved plans may be revised and resubmitted for the board's 3,053
approval. Approved plans may also be revised and submitted to 3,054
the board. A plan or revised plan shall DO ALL OF THE FOLLOWING: 3,055
(1) Identify the sources of brine to be used under the 3,057
plan; 3,058
(2) Identify by name, address, and registration 3,060
certificate, if applicable, any transporters of the brine; 3,061
(3) Specifically identify the places to which the brine 3,063
will be applied; and 3,064
(4) Specifically describe the method, rate, and frequency 3,066
of application. 3,067
(D) The board may attach terms and conditions to approval 3,069
of a plan, or revised plan, and may revoke approval for any 3,070
violation of this chapter, rules adopted thereunder, resolutions 3,071
adopted by the board, or terms or conditions attached by the 3,072
board. The board shall conduct at least one public hearing 3,073
before approving a plan or revised plan, publishing notice of the 3,074
time and place of each such public hearing in a newspaper of 3,075
general circulation in the county at least five days before the 3,076
69
day on which the hearing is to be held. The board shall record 3,077
the filings of all plans and revised plans in its journal. The 3,078
board shall approve, disapprove, or revoke approval of a plan or 3,079
revised plan by the adoption of a resolution. Upon approval of a 3,080
plan or revised plan, the board shall send a copy of the plan to 3,081
the chief. Upon revoking approval of a plan or revised plan, the 3,082
board shall notify the chief of the revocation. 3,083
(E) No person shall: 3,085
(1) Apply brine to a water-saturated surface; 3,087
(2) Apply brine directly to vegetation adjacent to the 3,089
surface of roads, streets, highways, and other surfaces to which 3,090
brine may be applied. 3,091
(F) Each political subdivision that adopts a resolution 3,093
under divisions (A) and (B) of this section, each department, 3,094
agency, or instrumentality of this state or the United States 3,095
that submits guidelines under division (B) of this section, and 3,096
each person who files a plan under divisions (C) and (D) of this 3,097
section shall, on or before the fifteenth day of April of each 3,098
year, file a report with the chief concerning brine applied 3,099
within his THE PERSON'S or its GOVERNMENTAL ENTITY'S 3,101
jurisdiction, including the quantities transported and the
sources and application points during the last preceding calendar 3,102
year and such other information in such form as the chief 3,103
requires.
(G) Any political subdivision or department, agency, or 3,105
instrumentality of this state or the United States that applies 3,106
brine under this section may do so with its own personnel, 3,107
vehicles, and equipment without registration under or compliance 3,108
with section 1509.222 or 1509.223 of the Revised Code and without 3,109
the necessity for filing the surety bond or other security 3,110
required by section 1509.225 of the Revised Code. However, each 3,111
such entity shall legibly identify vehicles used to apply brine 3,112
with reflective paint in letters no less than four inches in 3,113
height, indicating the word "brine" and that the vehicle is a 3,114
70
vehicle of the political subdivision, department, agency, or 3,115
instrumentality. Except as stated in this division, such 3,116
entities shall transport brine in accordance with sections 3,117
1509.22 to 1509.226 of the Revised Code. 3,118
(H) A surface application plan filed for approval under 3,120
division (C) of this section shall be accompanied by a 3,121
nonrefundable fee of fifty dollars, which shall be credited to 3,122
the general fund of the county. An approved plan is valid for 3,123
one year from the date of its approval unless it is revoked 3,124
before that time. An approved revised plan is valid for the 3,125
remainder of the term of the plan it supersedes unless it is 3,126
revoked before that time. Any person who has filed such a plan 3,127
or revised plan and had it approved may renew it by refiling it 3,128
in accordance with divisions (C) and (D) of this section within 3,129
thirty days before any anniversary of the date on which the 3,130
original plan was approved. The board shall notify the chief of 3,131
renewals and nonrenewals of plans. Even if a renewed plan is 3,132
approved under those divisions, the plan is not effective until 3,133
notice is received by the chief, and until notice is received, 3,134
the chief shall enforce this chapter and rules adopted thereunder 3,135
with regard to the affected roads, streets, highways, and other 3,136
similar land surfaces as if the plan had not been renewed. 3,137
(I) A resolution adopted under division (A) of this 3,139
section by a board or legislative authority shall be effective 3,140
for one year following the date of its adoption and from month to 3,141
month thereafter until the board or legislative authority, by 3,142
resolution, terminates the authority granted in the original 3,143
resolution. The termination shall be effective not less than 3,144
seven days after enactment of the resolution, and a copy of the 3,145
resolution shall be sent to the chief. 3,146
(J) As used in this section, "board of county 3,148
commissioners" includes any other county legislative authority 3,149
established by law. 3,150
Sec. 1509.23. Rules of the chief of the division of oil 3,159
71
and gas MINERAL RESOURCES MANAGEMENT may specify practices to be 3,161
followed in the drilling of wells and production of oil and gas 3,162
for protection of public health or safety or to prevent damage to
natural resources, including specification of devices, minimum 3,163
distances that wells and other excavations, structures, and 3,164
equipment shall be located from water wells, streets, roads, 3,165
highways, railroad tracks, and buildings, other methods of 3,166
operation, and procedures, methods, and equipment and other
requirements for equipment to prevent and contain discharges of 3,167
oil from oil production facilities and oil drilling and workover 3,168
facilities consistent with and equivalent in scope, content, and 3,169
coverage to section 311(j)(1)(c) of the "Federal Water Pollution 3,170
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, 3,171
as amended, and regulations adopted under it.
Sec. 1509.24. The chief of the division of oil and gas 3,180
MINERAL RESOURCES MANAGEMENT, with the approval of the technical 3,182
advisory council on oil and gas created in section 1509.38 of the 3,183
Revised Code, may adopt, amend, modify, or rescind rules relative 3,184
to minimum acreage requirements for drilling units and minimum 3,185
distances from which a new well may be drilled or an existing 3,186
well deepened, plugged back, or reopened to a source of supply 3,187
different from the existing pool from boundaries of tracts, 3,188
drilling units, and other wells for the purpose of conserving oil 3,189
and gas reserves. Rules made pursuant to ADOPTED UNDER this 3,190
section and special orders made under section 1509.25 of the 3,192
Revised Code shall apply only to new wells to be drilled or 3,193
existing wells to be deepened, plugged back, or reopened to a 3,194
source of supply different from the existing pool for the purpose 3,195
of extracting oil or gas in their natural state.
Sec. 1509.25. The chief of the division of oil and gas 3,204
MINERAL RESOURCES MANAGEMENT, upon his THE CHIEF'S own motion or 3,206
upon application of an owner, may hold a hearing to consider the 3,208
need or desirability of adopting a special order for drilling 3,209
unit requirements in a particular pool different from those 3,210
72
established under section 1509.24 of the Revised Code. The chief 3,211
shall notify every owner of land within the area proposed to be 3,212
included within the order, of the date, time, and place of the 3,213
hearing and the nature of the order being considered at least 3,214
thirty days prior to the date of THE hearing. Each application 3,215
for such an order shall be accompanied by such information as the 3,216
chief may request. If the chief finds that the pool can be 3,217
defined with reasonable certainty, that the pool is in the 3,218
initial state of development, and that the establishment of such 3,219
different requirements for drilling a well on a tract or drilling 3,220
unit in such pool is reasonably necessary to protect correlative 3,221
rights or to provide effective development, use, or conservation 3,222
of oil and gas, the chief, with the written approval of the 3,223
technical advisory council on oil and gas created in section 3,224
1509.38 of the Revised Code, shall make a special order 3,225
designating the area covered by the order, and specifying the 3,226
acreage requirements for drilling a well on a tract or drilling 3,227
unit in such area, which acreage requirements shall be uniform 3,228
for the entire pool. The order shall specify minimum distances 3,229
from the boundary of the tract or drilling unit for the drilling 3,230
of wells and minimum distances from other wells and allow 3,231
exceptions for wells drilled or drilling in a particular pool at 3,232
the time of the filing of the application. The chief may exempt 3,233
the discovery well from minimum acreage and distance requirements 3,234
in the order. After the date of the notice for a hearing called 3,235
to make such order, no additional well shall be commenced in the 3,236
pool for a period of sixty days or until an order has been made 3,237
pursuant to the application, whichever is earlier. The chief, 3,238
upon his THE CHIEF'S own motion or upon application of an owner, 3,240
after A hearing and with the approval of the technical advisory 3,241
council on oil and gas may include additional lands determined to 3,242
be underlaid by a particular pool or to exclude lands determined 3,243
not to be underlaid by a particular pool, and may modify the 3,244
spacing and acreage requirements of the order.
73
Nothing in this section shall permit PERMITS the chief to 3,246
establish drilling units in a pool by requiring the use of a 3,248
survey grid coordinate system with fixed or established unit 3,249
boundaries.
Sec. 1509.26. The owners of adjoining tracts may agree to 3,258
pool such tracts to form a drilling unit which THAT conforms to 3,259
the minimum acreage and distance requirements of the division of 3,261
oil and gas MINERAL RESOURCES MANAGEMENT under section 1509.24 or 3,262
1509.25 of the Revised Code. Such agreement shall be in writing, 3,263
a copy of which shall be submitted to the division of oil and gas 3,264
with the application for permit required by section 1509.05 of 3,266
the Revised Code. Parties to the agreement shall designate one 3,267
of their number as the applicant for such permit. 3,268
Sec. 1509.27. If a tract of land is of insufficient size 3,277
or shape to meet the requirements for drilling a well thereon as 3,278
provided in section 1509.24 or 1509.25 of the Revised Code, 3,279
whichever is applicable, and the owner has been unable to form a 3,280
drilling unit under agreement AS provided in section 1509.26 of 3,281
the Revised Code, on a just and equitable basis, the owner of 3,282
such tract may make application to the division of oil and gas 3,283
MINERAL RESOURCES MANAGEMENT for a mandatory pooling order. 3,284
Such application shall include such data and information as 3,286
shall be reasonably required by the chief of the division of oil 3,287
and gas MINERAL RESOURCES MANAGEMENT and shall be accompanied by 3,288
an application for A permit as required by section 1509.05 of the 3,290
Revised Code. The chief shall notify all owners of land within 3,291
the area proposed to be included within the order of the filing 3,292
of such application and of their right to a hearing if requested. 3,293
After the hearing or after the expiration of thirty days from the 3,294
date notice of application was mailed to such owners, the chief, 3,295
if satisfied that the application is proper in form and that 3,296
mandatory pooling is necessary to protect correlative rights or 3,297
to provide effective development, use, or conservation of oil and 3,298
gas, shall issue a drilling permit and a mandatory pooling order 3,299
74
complying with the requirements for drilling a well as provided 3,300
in section 1509.24 or 1509.25 of the Revised Code, whichever is 3,301
applicable, which shall: 3,302
(A) Designate the boundaries of the drilling unit within 3,304
which the well shall be drilled; 3,305
(B) Designate the proposed drilling site; 3,307
(C) Describe each separately owned tract or part thereof 3,309
pooled by the order; 3,310
(D) Allocate on a surface acreage basis a pro rata portion 3,312
of the production to the owner of each tract; 3,313
(E) Specify the basis upon which each owner shall share 3,315
all reasonable costs and expenses of drilling and producing; 3,316
(F) Designate the person to whom the permit shall be 3,318
issued. 3,319
If an owner does not elect to participate in the risk and 3,321
cost of the drilling and operation, or operation, of a well, he 3,322
THE OWNER may elect to be a nonparticipating owner in the 3,323
drilling and operation, or operation, of the well, on a limited 3,324
or carried basis upon terms and conditions determined by the 3,325
chief to be just and reasonable. If one or more of the 3,326
participating owners bear the costs of drilling, equipping, or 3,327
operating a well for the benefit of a nonparticipating owner, as 3,328
provided for in the pooling order, then such participating owner 3,329
or owners shall be entitled to the share of production from the 3,330
drilling unit accruing to the interest of such nonparticipating 3,331
owner, exclusive of the royalty interest if the fee holder has 3,332
leased his THE FEE HOLDER'S land to others, otherwise, one-eighth 3,333
of his THE FEE HOLDER'S share of the production, until there has 3,335
been received the share of costs charged to such nonparticipating 3,336
owner plus such additional percentage of said THE share of costs 3,337
as the chief shall determine. The total amount receivable 3,339
hereunder shall in no event exceed double the share of costs 3,340
charged to such nonparticipating owner.
If there is a dispute as to costs of drilling, equipping, 3,342
75
or operating a well, the chief shall determine such costs. 3,343
In instances where a well is completed prior to the pooling 3,345
of interests in a drilling unit under this section, the sharing 3,346
of production and adjustment of the original costs of drilling, 3,347
equipping, and completing the well shall be from the effective 3,348
date of the mandatory pooling order. 3,349
From and after the date of a pooling order, all operation, 3,351
including the commencement of drilling or the operating of or 3,352
production from a well upon any tract or portion of the drilling 3,353
unit, shall be deemed for all purposes the conduct of such 3,354
operations upon and production from any lease or contract for 3,355
lands any portion of which is included in the drilling unit. 3,356
Sec. 1509.28. (A) The chief of the division of oil and 3,365
gas MINERAL RESOURCES MANAGEMENT, upon his THE CHIEF'S own motion 3,367
or upon application by the owners of sixty-five per cent of the 3,369
land area overlying the pool, shall hold a hearing to consider 3,370
the need for the operation as a unit of an entire pool or part 3,371
thereof. An application by owners shall be accompanied by such 3,372
information as the chief may request. 3,373
The chief shall make an order providing for the unit 3,375
operation of a pool or part thereof if he THE CHIEF finds that 3,376
such operation is reasonably necessary to increase substantially 3,377
the ultimate recovery of oil and gas, and the value of the 3,378
estimated additional recovery of oil or gas exceeds the estimated 3,379
additional cost incident to conducting such operation. The order 3,380
shall be upon terms and conditions that are just and reasonable 3,381
and shall prescribe a plan for unit operations that shall 3,382
include: 3,383
(1) A description of the unitized area, termed the unit 3,385
area; 3,386
(2) A statement of the nature of the operations 3,388
contemplated; 3,389
(3) An allocation to the separately owned tracts in the 3,391
unit area of all the oil and gas that is produced from the unit 3,392
76
area and is saved, being the production that is not used in the 3,393
conduct of operations on the unit area or not unavoidably lost. 3,394
The allocation shall be in accord with the agreement, if any, of 3,395
the interested parties. If there is no such agreement, the chief 3,396
shall determine the value, from the evidence introduced at the 3,397
hearing, of each separately owned tract in the unit area, 3,398
exclusive of physical equipment, for development of oil and gas 3,399
by unit operations, and the production allocated to each tract 3,400
shall be the proportion that the value of each tract so 3,401
determined bears to the value of all tracts in the unit area. 3,402
(4) A provision for the credits and charges to be made in 3,404
the adjustment among the owners in the unit area for their 3,405
respective investments in wells, tanks, pumps, machinery, 3,406
materials, and equipment contributed to the unit operations; 3,407
(5) A provision providing how the expenses of unit 3,409
operations, including capital investment, shall be determined and 3,410
charged to the separately owned tracts and how said THE expenses 3,411
shall be paid; 3,412
(6) A provision, if necessary, for carrying or otherwise 3,414
financing any person who is unable to meet his THE PERSON'S 3,415
financial obligations in connection with the unit, allowing a 3,416
reasonable interest charge for such service; 3,417
(7) A provision for the supervision and conduct of the 3,419
unit operations, in respect to which each person shall have a 3,420
vote with a value corresponding to the percentage of the expenses 3,421
of unit operations chargeable against the interest of such 3,422
person; 3,423
(8) The time when the unit operations shall commence, and 3,425
the manner in which, and the circumstances under which, the unit 3,426
operations shall terminate; 3,427
(9) Such additional provisions as are found to be 3,429
appropriate for carrying on the unit operations, and for the 3,430
protection or adjustment of correlative rights. 3,431
(B) No order of the chief providing for unit operations 3,433
77
shall become effective unless and until the plan for unit 3,434
operations prescribed by the chief has been approved in writing 3,435
by those owners who, under the chief's order, will be required to 3,436
pay at least sixty-five per cent of the costs of the unit 3,437
operation, and also by the royalty or, with respect to unleased 3,438
acreage, fee owners of sixty-five per cent of the acreage to be 3,439
included in the unit. If the plan for unit operations has not 3,440
been so approved by owners and royalty owners at the time the 3,441
order providing for unit operations is made, the chief shall upon 3,442
application and notice hold such supplemental hearings as may be 3,443
required to determine if and when the plan for unit operations 3,444
has been so approved. If the owners and royalty owners, or 3,445
either, owning the required percentage of interest in the unit 3,446
area do not approve the plan for unit operations within a period 3,447
of six months from the date on which the order providing for unit 3,448
operations is made, such order shall cease to be of force and 3,449
shall be revoked by the chief. 3,450
An order providing for unit operations may be amended by an 3,452
order made by the chief, in the same manner and subject to the 3,453
same conditions as an original order providing for unit 3,454
operations, provided THAT: 3,455
(1) If such an amendment affects only the rights and 3,457
interests of the owners, the approval of the amendment by the 3,458
royalty owners shall not be required. 3,459
(2) No such order of amendment shall change the percentage 3,461
for allocation of oil and gas as established for any separately 3,462
owned tract by the original order, except with the consent of all 3,463
persons owning interest in such tract. 3,464
The chief, by an order, may provide for the unit operation 3,466
of a pool or a part thereof that embraces a unit area established 3,467
by a previous order of the chief. Such order, in providing for 3,468
the allocation of unit production, shall first treat the unit 3,469
area previously established as a single tract, and the portion of 3,470
the unit production so allocated thereto shall then be allocated 3,471
78
among the separately owned tracts included in such previously 3,472
established unit area in the same proportions as those specified 3,473
in the previous order. 3,474
Oil and gas allocated to a separately owned tract shall be 3,476
deemed, for all purposes, to have been actually produced from 3,477
such tract, and all operations, including, but not limited to, 3,478
the commencement, drilling, operation of, or production from a 3,479
well upon any portion of the unit area shall be deemed for all 3,480
purposes the conduct of such operations and production from any 3,481
lease or contract for lands any portion of which is included in 3,482
the unit area. The operations conducted pursuant to the order of 3,483
the chief shall constitute a fulfillment of all the express or 3,484
implied obligations of each lease or contract covering lands in 3,485
the unit area to the extent that compliance with such obligations 3,486
cannot be had because of the order of the chief. 3,487
Oil and gas allocated to any tract, and the proceeds from 3,489
the sale thereof, shall be the property and income of the several 3,490
persons to whom, or to whose credit, the same are allocated or 3,491
payable under the order providing for unit operations. 3,492
No order of the chief or other contract relating to the 3,494
sale or purchase of production from a separately owned tract 3,495
shall be terminated by the order providing for unit operations, 3,496
but shall remain in force and apply to oil and gas allocated to 3,497
such tract until terminated in accordance with the provisions 3,498
thereof. 3,499
Except to the extent that the parties affected so agree, no 3,501
order providing for unit operations shall be construed to result 3,502
in a transfer of all or any part of the title of any person to 3,503
the oil and gas rights in any tract in the unit area. All 3,504
property, whether real or personal, that may be acquired for the 3,505
account of the owners within the unit area shall be the property 3,506
of such owners in the proportion that the expenses of unit 3,507
operations are charged. 3,508
Sec. 1509.29. Upon application by an owner of a tract for 3,517
79
which a drilling permit may not be issued, and a showing by him 3,518
THE OWNER that he THE OWNER is unable to enter a voluntary 3,519
pooling agreement and that he THE OWNER would be unable to 3,520
participate under a mandatory pooling order, the chief of the 3,522
division of oil and gas MINERAL RESOURCES MANAGEMENT shall issue 3,523
a permit and order establishing the tract as an exception tract 3,524
if the chief finds that such owner would otherwise be precluded 3,525
from producing oil or gas from his THE OWNER'S tract because of 3,526
minimum acreage or distance requirements. The order shall set a 3,527
percentage of the maximum daily potential production at which the 3,528
well may be produced. The percentage shall be the same as the 3,529
percentage that the number of acres in the tract bears to the 3,530
number of acres in the minimum acreage requirement which THAT has 3,531
been established under section 1509.24 or 1509.25 of the Revised 3,532
Code, whichever is applicable, but if the well drilled on such 3,533
tract is located nearer to the boundary of the tract than the 3,534
required minimum distance, the percentage may not exceed the 3,535
percentage determined by dividing the distance from the well to 3,536
the boundary by the minimum distance requirement. Within ten 3,537
days after completion of the well, the maximum daily potential 3,538
production of the well shall be determined by such drill stem, 3,539
open flow, or other tests as may be required by the chief. The 3,540
chief shall require such tests, at least once every three months, 3,541
as are necessary to determine the maximum daily potential 3,542
production at that time. 3,543
Sec. 1509.31. Whenever the entire interest of an oil and 3,552
gas lease is assigned or otherwise transferred, the assignor or 3,553
transferor shall notify the holders of the royalty interests, 3,554
and, if a well or wells exist on the lease, the division of oil 3,555
and gas MINERAL RESOURCES MANAGEMENT, of the name and address of 3,556
the assignee or transferee by certified mail, return receipt 3,558
requested, not later than thirty days after the date of the 3,559
assignment or transfer. When notice of any such assignment or 3,560
transfer is required to be provided to the division, it shall be 3,561
80
provided on a form prescribed and provided by the division and 3,562
verified by both the assignor or transferor and by the assignee 3,563
or transferee. The notice form applicable to assignments or 3,564
transfers of a well to the owner of the surface estate of the 3,565
tract on which the well is located shall contain a statement 3,566
informing the landowner that the well may require periodic 3,567
servicing to maintain its productivity; that, upon assignment or 3,568
transfer of the well to the landowner, the landowner becomes 3,569
responsible for compliance with the requirements of this chapter 3,570
and rules adopted under it, including, without limitation, the 3,571
proper disposal of brine obtained from the well, the plugging of 3,572
the well when it becomes incapable of producing oil or gas, and 3,573
the restoration of the well site; and that, upon assignment or 3,574
transfer of the well to the landowner, the landowner becomes 3,575
responsible for the costs of compliance with the requirements of 3,576
this chapter and rules adopted under it and the costs for 3,577
operating and servicing the well. 3,578
The owner holding a permit under section 1509.05 of the 3,580
Revised Code is responsible for all obligations and liabilities 3,581
imposed by this chapter and any rules, orders, and terms and 3,582
conditions of a permit adopted or issued under it, and no 3,584
assignment or transfer by the owner relieves the owner of the 3,585
obligations and liabilities until and unless the assignee or 3,586
transferee files with the division the information described in 3,587
divisions (A), (B), (C), (D), (E), (I), (J), (K), and (L) of 3,589
section 1509.06 of the Revised Code; obtains liability insurance 3,590
coverage required by section 1509.07 of the Revised Code, except 3,592
when none is required by that section; and executes and files a 3,593
surety bond, negotiable certificates of deposit or irrevocable 3,594
letters of credit, or cash, as described in that section. 3,595
Instead of a bond, but only upon acceptance by the chief OF THE 3,596
DIVISION OF MINERAL RESOURCES MANAGEMENT, the assignee or 3,598
transferee may file proof of financial responsibility, described 3,599
in section 1509.07 of the Revised Code. Section 1509.071 of the 3,600
81
Revised Code applies to the surety bond, cash, and negotiable 3,601
certificates of deposit and irrevocable letters of credit 3,602
described in this section. Unless the chief approves a 3,603
modification, each assignee or transferee shall operate in 3,604
accordance with the plans and information filed by the permit 3,605
holder pursuant to section 1509.06 of the Revised Code. 3,606
Sec. 1509.32. Any person adversely affected may file with 3,615
the chief of the division of oil and gas MINERAL RESOURCES 3,616
MANAGEMENT a written complaint alleging failure to restore 3,618
disturbed land surfaces in violation of section 1509.072 or 3,619
1509.22 of the Revised Code or a rule adopted thereunder. 3,620
Upon receipt of a complaint, the chief shall cause an 3,622
investigation to be made of the lands where the alleged violation 3,623
has occurred and send copies of the investigation report to the 3,624
person who filed the complaint and to the owner. Upon finding a 3,625
violation the chief shall order the owner to eliminate the 3,626
violation within a specified time. If the owner fails to 3,627
eliminate the violation within the time specified, the chief may 3,628
request the prosecuting attorney of the county in which the 3,629
violation occurs or the attorney general to bring appropriate 3,630
action to secure compliance with such sections. If the chief 3,631
fails to bring an appropriate action to secure compliance with 3,632
such sections within twenty days after the time specified, the 3,633
person filing the complaint may request the prosecuting attorney 3,634
of the county in which the violation occurs to bring an 3,635
appropriate action to secure compliance with such sections. The 3,636
division of oil and gas MINERAL RESOURCES MANAGEMENT may 3,637
cooperate with any state or local agency to provide technical 3,639
advice or minimum standards for the restoration of various soils 3,640
and land surfaces or to assist in any investigation. 3,641
Sec. 1509.33. (A) Whoever violates sections 1509.01 to 3,650
1509.31 of the Revised Code, or any rules adopted or orders or 3,651
terms or conditions of a permit or registration certificate 3,652
issued pursuant to these sections for which no specific penalty 3,653
82
is provided in this section, shall pay a civil penalty of not 3,654
more than four thousand dollars for each offense. 3,655
(B) Whoever violates section 1509.221 of the Revised Code 3,657
or any rules adopted or orders or terms or conditions of a permit 3,658
issued thereunder shall pay a civil penalty of not more than two 3,659
thousand five hundred dollars for each violation. 3,660
(C) Whoever violates division (D) of section 1509.22 or 3,662
division (A)(1) of section 1509.222 of the Revised Code shall pay 3,663
a civil penalty of not less than two thousand five hundred 3,664
dollars nor more than twenty thousand dollars for each violation. 3,665
(D) Whoever violates division (A) of section 1509.22 of 3,667
the Revised Code shall pay a civil penalty of not less than two 3,668
thousand five hundred dollars nor more than ten thousand dollars 3,669
for each violation. 3,670
(E) Whoever violates division (A) of section 1509.223 of 3,672
the Revised Code shall pay a civil penalty of not more than ten 3,673
thousand dollars for each violation. 3,674
(F) Whoever violates section 1509.072 of the Revised Code 3,676
or any rules adopted or orders issued to administer, implement, 3,677
or enforce that section shall pay a civil penalty of not more 3,678
than five thousand dollars for each violation. 3,679
(G) In addition to any other penalties provided in this 3,681
chapter, whoever violates division (B) of section 1509.22, OR 3,682
division (A)(1) of section 1509.222, or knowingly violates 3,683
division (A) of section 1509.223 of the Revised Code is liable 3,684
for any damage or injury caused by the violation and for the cost 3,685
of rectifying the violation and conditions caused by the 3,686
violation. If two or more persons knowingly violate one or more 3,687
of such divisions in connection with the same event, activity, or 3,688
transaction, they are jointly and severally liable under this 3,689
division. As used in this division, "knowingly" has the same 3,690
meaning as in section 2901.22 of the Revised Code. 3,691
(H) The attorney general, upon the request of the chief of 3,693
the division of oil and gas MINERAL RESOURCES MANAGEMENT, shall 3,694
83
commence an action under this section against any person who 3,696
violates sections 1509.01 to 1509.31 of the Revised Code, or any 3,697
rules adopted or orders or terms or conditions of a permit or 3,698
registration certificate issued pursuant to these sections. Any 3,699
action under this section is a civil action, governed by the 3,700
Rules of Civil Procedure and other rules of practice and 3,701
procedure applicable to civil actions. The remedy provided in 3,702
this division is cumulative and concurrent with any other remedy 3,703
provided in this chapter, and the existence or exercise of one 3,704
remedy does not prevent the exercise of any other, except that no 3,705
person shall be subject to both a civil penalty under division 3,706
(A), (B), (C), or (D) of this section and a criminal penalty 3,707
under section 1509.99 of the Revised Code for the same offense. 3,708
Sec. 1509.36. Any person claiming to be aggrieved or 3,717
adversely affected by an order by the chief of the division of 3,718
oil and gas MINERAL RESOURCES MANAGEMENT may appeal to the oil 3,719
and gas commission for an order vacating or modifying such order. 3,721
The person so appealing to the board COMMISSION shall be 3,723
known as appellant and the chief shall be known as appellee. 3,725
Appellant and appellee shall be deemed to be parties to the 3,726
appeal.
The appeal shall be in writing and shall set forth the 3,728
order complained of and the grounds upon which the appeal is 3,729
based. The appeal shall be filed with the commission within 3,731
thirty days after the date upon which appellant received notice 3,732
by registered mail of the making of the order complained of. 3,733
Notice of the filing of the appeal shall be filed with the chief 3,734
within three days after the appeal is filed with the commission. 3,736
Upon the filing of the appeal the commission promptly shall 3,739
fix the time and place at which the hearing on the appeal will be 3,740
held, and shall give the appellant and the chief at least ten 3,741
days' written notice thereof by mail. The commission may 3,742
postpone or continue any hearing upon its own motion or upon 3,744
application of appellant or of the chief. 3,745
84
The filing of an appeal provided for in this section does 3,747
not automatically suspend or stay execution of the order appealed 3,748
from, but upon application by the appellant the commission may 3,750
suspend or stay such execution pending determination of the
appeal upon such terms as the commission considers proper. 3,751
Either party to the appeal or any interested person who, 3,753
pursuant to board COMMISSION rules has been granted permission to 3,755
appear, may submit such evidence as the commission considers 3,756
admissible.
For the purpose of conducting a hearing on an appeal, the 3,758
commission may require the attendance of witnesses and the 3,759
production of books, records, and papers, and it may, and at the 3,760
request of any party it shall, issue subpoenas for witnesses or 3,761
subpoenas duces tecum to compel the production of any books, 3,762
records, or papers, directed to the sheriff SHERIFFS of the 3,763
counties where such witnesses are found. The subpoenas shall be 3,765
served and returned in the same manner as subpoenas in criminal 3,767
cases are served and returned. The fees and mileage of sheriffs 3,768
and witnesses shall be the same as those allowed by the court of 3,769
common pleas in criminal cases. Such fees and mileage expenses 3,770
incurred at the request of appellant shall be paid in advance by 3,771
the appellant, and the remainder of such expenses shall be paid 3,772
out of funds appropriated for the expenses of the division of oil 3,773
and gas MINERAL RESOURCES MANAGEMENT. 3,774
In case of disobedience or neglect of any subpoena served 3,776
on any person, or the refusal of any witness to testify to any 3,777
matter regarding which the witness may be lawfully interrogated, 3,779
the court of common pleas of the county in which such 3,780
disobedience, neglect, or refusal occurs, or any judge thereof, 3,781
on application of the commission or any member thereof, shall 3,782
compel obedience by attachment proceedings for contempt as in the 3,784
case of disobedience of the requirements of a subpoena issued 3,785
from such court or a refusal to testify therein. Witnesses at 3,786
such hearings shall testify under oath, and any member of the 3,787
85
commission may administer oaths or affirmations to persons who so 3,789
testify.
At the request of any party to the appeal, a stenographic 3,791
record of the testimony and other evidence submitted shall be 3,792
taken by an official court shorthand reporter at the expense of 3,793
the party making the request therefor. Such record shall include 3,794
all of the testimony and other evidence and the rulings on the 3,795
admissibility thereof presented at the hearing. The commission 3,797
shall pass upon the admissibility of evidence, but any party may 3,798
at the time object to the admission of any evidence and except to 3,799
the rulings of the commission thereon, and if the commission 3,801
refuses to admit evidence the party offering same may make a 3,802
proffer thereof, and such proffer shall be made a part of the 3,803
record of such hearing.
If upon completion of the hearing the commission finds that 3,806
the order appealed from was lawful and reasonable, it shall make
a written order affirming the order appealed from; if the 3,807
commission finds that the order was unreasonable or unlawful, it 3,809
shall make a written order vacating the order appealed from and 3,810
making the order which THAT it finds the chief should have made. 3,811
Every order made by the commission shall contain a written 3,813
finding by the commission of the facts upon which the order is 3,815
based.
Notice of the making of the order shall be given forthwith 3,817
to each party to the appeal by mailing a certified copy thereof 3,818
to each such party by certified mail. 3,819
The order of the commission is final unless vacated by the 3,821
court of common pleas of Franklin county in an appeal as provided 3,823
for in section 1509.37 of the Revised Code. Sections 1509.01 to 3,824
1509.37 of the Revised Code, providing for appeals relating to 3,826
orders by the chief or by the commission, or relating to rules 3,827
adopted and promulgated by the chief, do not constitute the 3,828
exclusive procedure which THAT any person who believes the 3,830
person's rights to be unlawfully affected by those sections or 3,831
86
any official action taken thereunder must pursue in order to 3,832
protect and preserve those rights, nor do those sections 3,833
constitute A procedure which THAT that person must pursue before 3,835
that person may lawfully appeal to the courts to protect and 3,836
preserve those rights. 3,837
Sec. 1509.38. There is hereby created in the division of 3,846
oil and gas MINERAL RESOURCES MANAGEMENT a technical advisory 3,848
council on oil and gas, which shall consist of eight members to 3,849
be appointed by the governor with the advice and consent of the
senate. Three members shall be independent oil or gas producers, 3,850
operators, or their representatives, operating and producing 3,851
primarily in this state, three members shall be oil or gas 3,852
producers, operators, or their representatives having substantial 3,853
oil and gas producing operations in this state and at least one 3,854
other state, one member shall represent the public, and one 3,855
member shall represent persons having landowners' royalty
interests in oil and gas production. All members shall be 3,856
residents of this state, and all members, except the members 3,857
representing the public and persons having landowners' royalty 3,858
interests, shall have at least five years of practical or
technical experience in oil or gas drilling and production. Not 3,859
more than one member may represent any one company, producer, or 3,860
operator.
Terms of office shall be for three years, commencing on the 3,862
first day of February and ending on the thirty-first day of 3,863
January. Each member shall hold office from the date of 3,864
appointment until the end of the term for which the member was 3,865
appointed. A vacancy in the office of a member shall be filled
by the governor, with the advice and consent of the senate. Any 3,866
member appointed to fill a vacancy occurring prior to the 3,867
expiration of the term for which the member's predecessor was 3,868
appointed shall hold office for the remainder of that term. Any 3,869
member shall continue in office subsequent to the expiration date 3,870
of the member's term until the member's successor takes office, 3,871
87
or until a period of sixty days has elapsed, whichever occurs
first. 3,872
The council shall select from among its members a 3,874
chairperson, a vice-chairperson, and a secretary. All members 3,875
are entitled to their actual and necessary expenses incurred in 3,876
the performance of their duties as members, payable from the 3,877
appropriations for the division.
The governor may remove any member for inefficiency, 3,879
neglect of duty, or malfeasance in office. 3,880
The council shall hold at least one regular meeting in each 3,882
quarter of a calendar year and shall keep a record of its 3,883
proceedings. Special meetings may be called by the chairperson 3,884
and shall be called by the chairperson upon receipt of a written 3,885
request signed by two or more members of the council. A written 3,886
notice of the time and place of each meeting shall be sent to
each member of the council. Five members constitute a quorum, 3,887
and no action of the council is valid unless five members concur. 3,888
The council, when requested by the chief of the division of 3,890
oil and gas MINERAL RESOURCES MANAGEMENT, shall consult with and 3,892
advise the chief and perform other duties that may be lawfully 3,893
delegated to it by the chief. The council may participate in
hearings held by the chief under this chapter and has powers of 3,894
approval as provided in sections 1509.24 and 1509.25 of the 3,895
Revised Code. The council shall conduct the activities required, 3,896
and exercise the authority granted, under Chapter 1510. of the 3,897
Revised Code.
Sec. 1509.39. This chapter or rules adopted under it shall 3,907
not be construed to prevent any municipal corporation, county, or 3,908
township from enacting and enforcing health and safety standards 3,909
for the drilling and exploration for oil and gas, provided that 3,910
such standards are not less restrictive than this chapter or the 3,911
rules adopted thereunder by the division of oil and gas MINERAL 3,912
RESOURCES MANAGEMENT. No county or township shall adopt or 3,913
enforce any ordinances, resolutions, rules, or requirements 3,914
88
relative to the minimum acreage requirements for drilling units; 3,915
minimum distances from which a new well or related production 3,916
facilities may be drilled or an existing well deepened, plugged 3,918
back, or reopened to a source of supply different from the 3,919
existing pool from boundaries of tracts, drilling units, other 3,920
wells, streets, roads, highways, railroad tracks, and any other 3,921
structures or facilities included in section 1509.23 of the 3,922
Revised Code; or the restoration or plugging of an oil and gas
well. No county or township shall require any permit or license 3,923
for the drilling, operation, production, plugging, or abandonment 3,924
of any oil or gas well nor any fee, bond or other security, or 3,925
insurance for any activity associated with the drilling, 3,926
operation, production, plugging, or abandonment of a well, except 3,927
for the permit provided for in section 4513.34 of the Revised 3,928
Code and any bond or other security associated therewith. 3,929
Sec. 1509.40. Except as provided in section 1509.29 of the 3,938
Revised Code, no authority granted in Chapter 1509. of the 3,939
Revised Code THIS CHAPTER shall be construed as authorizing a 3,941
limitation on the amount that any well, leasehold, or field is
permitted to produce under proration orders of the division of 3,942
oil and gas MINERAL RESOURCES MANAGEMENT. 3,943
Sec. 1510.01. As used in this chapter: 3,952
(A) "First purchaser" means: 3,954
(1) With regard to crude oil, the person to whom title 3,956
first is transferred beyond the gathering tank or tanks, beyond 3,957
the facility from which the crude oil was first produced, or 3,958
both;
(2) With regard to natural gas, the person to whom title 3,960
first is transferred beyond the inlet side of the measurement 3,961
station from which the natural gas was first produced. 3,962
(B) "Independent producer" means a person who complies 3,964
with both of the following: 3,965
(1) Produces oil or natural gas and is not engaged in 3,967
refining either product; 3,968
89
(2) Derives a majority of income from ownership in 3,969
properties producing oil or natural gas. 3,970
(C) "Qualified independent producer association" means an 3,972
association that complies with all of the following: 3,973
(1) It is in existence on the effective date of this 3,975
section; DECEMBER 18, 1997. 3,976
(2) It is organized and operating within this state;. 3,978
(3) A majority of the members of its governing body are 3,980
independent producers. 3,981
(D) "Technical advisory council" or "council" means the 3,983
technical advisory council created in the division of oil and gas 3,984
MINERAL RESOURCES MANAGEMENT under section 1509.38 of the Revised 3,986
Code.
Sec. 1510.08. (A)(1) Except as provided in division 3,995
(A)(2) of this section, an operating committee may levy 3,996
assessments on the production of oil and natural gas in this 3,997
state for the purposes of a marketing program established under 3,998
this chapter.
(2) An operating committee shall not levy an assessment 4,000
that was not approved by independent producers or that exceeds 4,001
the amount authorized under division (B)(1) of section 1510.04 of 4,002
the Revised Code. An operating committee shall not levy an 4,003
assessment against an independent producer who is not eligible to
vote in a referendum for the marketing program that the operating 4,004
committee administers, as determined under division (C) of 4,005
section 1510.02 of the Revised Code. 4,006
(B) The technical advisory council may require a first 4,008
purchaser to withhold assessments from any amounts that the first 4,009
purchaser owes to independent producers and, notwithstanding 4,010
division (A)(2) of this section, to remit them to the chairperson 4,011
of the council at the office of the division of oil and gas 4,012
MINERAL RESOURCES MANAGEMENT. A first purchaser who pays an
assessment that is levied pursuant to this section for an 4,014
independent producer may deduct the amount of the assessment from 4,015
90
any moneys that the first purchaser owes the independent
producer.
(C) A marketing program shall require a refund of 4,017
assessments collected under this section after receiving an 4,018
application for a refund from an independent producer. An 4,019
application for a refund shall be made on a form furnished by the 4,020
council. The operating committee shall ensure that refund forms
are available where assessments for its program are withheld. 4,021
An independent producer who desires a refund shall submit a 4,023
request for a refund not later than the thirty-first day of March 4,024
of the year in which the request is submitted. The council shall 4,025
refund the assessment to the independent producer not later than 4,026
the thirtieth day of June of the year in which the request for 4,027
the refund is submitted.
(D) An operating committee shall not use moneys from any 4,029
assessments that it levies for any political or legislative 4,030
purpose or for preferential treatment of one person to the 4,031
detriment of another person who is affected by the marketing 4,032
program that the operating committee administers.
Sec. 1513.01. As used in this chapter: 4,041
(A) "Approximate original contour" means that surface 4,043
configuration achieved by backfilling and grading of a mined area 4,044
so that the reclaimed area, including any terracing or access 4,045
roads, closely resembles the general surface configuration of the 4,046
land prior to mining and blends into and complements the drainage 4,047
pattern of the surrounding terrain, with all highwalls and spoil 4,048
piles eliminated; water impoundments may be permitted where the 4,049
chief of the division of mines and reclamation MINERAL RESOURCES 4,050
MANAGEMENT determines that they are in compliance with division 4,053
(A)(8) of section 1513.16 of the Revised Code. 4,054
(B) "Coal mining and reclamation operations" means coal 4,056
mining operations and all activities necessary and incident to 4,057
the reclamation of such operations. 4,058
(C) "Degrees" means inclination from the horizontal. 4,060
91
(D) "Deposition of sediment" means placing or causing to 4,062
be placed in any waters of the state, in stream beds on or off 4,063
the land described in an application for a coal mining permit, or 4,064
upon other lands any organic or inorganic matter that settles or 4,065
is capable of settling to the bottom of the waters and onto the 4,066
beds or lands. 4,067
(E) "Imminent danger to the health and safety of the 4,069
public" means the existence of any condition or practice or 4,070
violation of a permit or other requirement of this chapter or 4,071
rule adopted thereunder in a coal mining and reclamation 4,073
operation, which condition, practice, or violation could 4,074
reasonably be expected to cause substantial physical harm to 4,075
persons outside the permit area before the condition, practice, 4,076
or violation can be abated. A reasonable expectation of death or 4,077
serious injury before abatement exists if a rational person 4,078
subjected to the same conditions or practices giving rise to the 4,079
peril would not expose himself or herself ONESELF to the danger 4,080
during the time necessary for abatement.
(F) "Lands eligible for remining" means those lands that 4,082
otherwise would be eligible for expenditures under division 4,083
(C)(1) of section 1513.37 of the Revised Code. 4,084
(G) "Mountain top removal" means a coal mining operation 4,086
that will remove an entire coal seam or seams running through the 4,087
upper fraction of a mountain, ridge, or hill by removing all of 4,088
the overburden and creating a level plateau with no highwalls 4,089
remaining instead of restoring to approximate original contour, 4,090
and is capable of supporting postmining uses in accord ACCORDANCE 4,092
with the requirements established by the chief of the division of 4,093
mines and reclamation.
(H) "Operation" or "coal mining operation" means: 4,095
(1) Activities conducted on the surface of lands in 4,097
connection with a coal mine, the removal of coal from coal refuse 4,098
piles, and surface impacts incident to an underground coal mine. 4,099
Such activities include excavation for the purpose of obtaining 4,100
92
coal, including such common methods as contour, strip, auger, 4,101
mountaintop removal, box cut, open pit, and area mining; the use 4,102
of explosives and blasting; in situ distillation or retorting; 4,104
leaching or other chemical or physical processing; and the 4,105
cleaning, concentrating, or other processing or preparation of 4,106
coal. Such activities also include the loading of coal at or 4,107
near the mine site. Such activities do not include any of the 4,109
following:
(a) The extraction of coal incidental to the extraction of 4,111
other minerals if the weight of coal extracted is less than 4,113
one-sixth the total weight of minerals removed, including coal; 4,114
(b) The extraction of coal as an incidental part of 4,116
federal, state, or local highway or other government-financed 4,117
construction when approved by the chief; 4,118
(c) Coal exploration subject to section 1513.072 of the 4,120
Revised Code. 4,121
(2) The areas upon which such activities occur or where 4,123
such activities disturb the natural land surface. Such areas 4,124
include any adjacent land the use of which is incidental to any 4,125
such activities, all lands affected by the construction of new 4,126
roads or the improvement or use of existing roads to gain access 4,127
to the site of such activities, and for hauling, and excavation, 4,128
workings, impoundments, dams, ventilation shafts, entryways, 4,129
refuse banks, dumps, stockpiles, overburden piles, spoil banks, 4,130
culm banks, holes or depressions, repair areas, storage areas, 4,131
processing areas, shipping areas, and other areas upon which are 4,132
sited structures, facilities, or other property or materials on 4,133
the surface, resulting from or incident to such activities. 4,135
Separation by a stream, roadway, or utility easement does not 4,137
preclude two or more contiguous tracts of land from being 4,138
considered contiguous.
(I) "Operator" means any person conducting a coal mining 4,140
operation. 4,141
(J) "Overburden" means all of the earth and other 4,143
93
materials, except topsoil, covering a natural deposit of coal, 4,144
and also means such earth and other materials after removal from 4,145
their natural state in the process of coal mining. 4,146
(K) "Permit" means a permit to conduct coal mining and 4,148
reclamation operations issued by the chief pursuant to section 4,149
1513.07 or 1513.074 of the Revised Code. 4,150
(L) "Permit area" means the area of land to be affected 4,152
indicated on the approved map submitted by the operator with the 4,153
application required by section 1513.07 or 1513.074 of the 4,154
Revised Code. 4,155
(M) "Person" has the same meaning as in section 1.59 of 4,157
the Revised Code and also includes any political subdivision, 4,158
instrumentality, or agency of this state or the United States. 4,159
(N) "Pollution" means placing any sediments, solids, or 4,161
waterborne mining related wastes, including, but not limited to, 4,162
acids, metallic cations, or their salts, in excess of amounts 4,163
prescribed by the chief into any waters of the state or affecting 4,164
the properties of any waters of the state in a manner which THAT 4,165
renders those waters harmful or inimical to the public health, or 4,166
to animal or aquatic life, or to the use of the waters for 4,167
domestic water supply, industrial or agricultural purposes, or 4,168
recreation. 4,169
(O) "Prime farmland" has the same meaning as that 4,171
previously prescribed by the secretary of the United States 4,172
department of agriculture as published in the federal register on 4,173
August 23, 1977, or subsequent revisions thereof, on the basis of 4,174
such factors as moisture availability, temperature regime, 4,175
chemical balance, permeability, surface layer composition, 4,176
susceptibility to flooding, and erosion characteristics and which 4,177
THAT historically has been used for intensive agricultural 4,178
purposes, and as published in the rules adopted pursuant to this 4,179
chapter.
(P) "Reclamation" means backfilling, grading, resoiling, 4,181
planting, and other work that has the effect of restoring an area 4,182
94
of land affected by coal mining so that it may be used for forest 4,183
growth, grazing, agricultural, recreational, and wildlife 4,184
purpose, or some other useful purpose of equal or greater value 4,185
than existed prior to any mining. 4,186
(Q) "Spoil bank" means a deposit of removed overburden. 4,188
(R) "Steep slope" means any slope above twenty degrees or 4,190
such lesser slope as may be defined by the chief of reclamation 4,191
after considering soil, climate, and other characteristics of a 4,193
region.
(S) "Strip mining" means those coal mining and reclamation 4,195
operations incident to the extraction of coal from the earth by 4,196
removing the materials over a coal seam, before recovering the 4,197
coal, by auger coal mining, or by recovery of coal from a deposit 4,198
that is not in its original geologic location. 4,199
(T) "Unwarranted failure to comply" means the failure of a 4,201
permittee to prevent the occurrence of any violation of any 4,202
requirement of this chapter due to indifference, lack of 4,204
diligence, or lack of reasonable care, or the failure to abate 4,205
any violation of the permit or this chapter due to indifference, 4,206
lack of diligence, or lack of reasonable care. 4,207
(U) "Waters of the state" means all streams, lakes, ponds, 4,209
marshes, watercourses, waterways, wells, springs, irrigation 4,210
systems, drainage systems, and other bodies or accumulations of 4,212
water, surface or underground, natural or artificial, regardless 4,213
of the depth of the strata in which underground water is located, 4,214
which THAT are situated wholly or partly within, or border upon, 4,216
this state, or are within its jurisdiction.
(V) "Public roadway" means a road that is all of the 4,218
following:
(1) Designated as a public road in the jurisdiction within 4,220
which it is located; 4,221
(2) Constructed in a manner consistent with other public 4,223
roads within the jurisdiction within which it is located; 4,224
(3) Regularly maintained with public funds; 4,226
95
(4) Subject to and available for substantial use by the 4,228
public. 4,229
Sec. 1513.02. (A) The division of mines and reclamation 4,238
MINERAL RESOURCES MANAGEMENT shall administer, enforce, and 4,240
implement this chapter. The chief of the division of mines and 4,241
reclamation MINERAL RESOURCES MANAGEMENT shall do all of the 4,242
following:
(1) Adopt, amend, and rescind rules: 4,244
(a) To administer and enforce this chapter; 4,246
(b) To implement the requirements of this chapter for the 4,248
reclamation of lands affected by coal mining, including such 4,249
rules governing mining practices and procedures, segregation and 4,250
placement of soil and topsoil, backfilling, grading, terracing, 4,251
resoiling, soil conditioning and reconditioning, planting, 4,252
establishment of drainage patterns, construction of impoundments, 4,253
and the construction, maintenance, and disposition of haul roads, 4,254
ditches, and dikes, as may be necessary or desirable, under 4,255
varying conditions of slope, drainage, physical and chemical 4,256
characteristics of soil and overburden, erodability of materials, 4,257
season, growth characteristics of plants, and other factors 4,258
affecting coal mining and reclamation, to facilitate the return 4,259
of the land to a condition required by this chapter; to prevent 4,260
pollution or substantial diminution of waters of the state, 4,261
substantial erosion, substantial deposition of sediment, 4,262
landslides, accumulation and discharge of acid water, and 4,263
flooding, both during mining and reclamation and thereafter; to 4,264
restore the recharge capacity of the mined area to approximate 4,265
premining conditions; and to ensure full compliance with all 4,266
requirements of this chapter relating to reclamation, and the 4,267
attainment of those objectives in the interest of the public 4,268
health, safety, and welfare to which these reclamation 4,269
requirements are directed; 4,270
(c) To meet the requirements of the "Surface Mining 4,272
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,273
96
1201. 4,274
(2) Issue orders to enforce this chapter and rules adopted 4,276
under it; 4,277
(3) Adopt rules for the internal management of the 4,279
division that do not affect private rights; 4,280
(4) Adopt programs, rules, and procedures designed to 4,282
assist the coal operator in this state with the permitting 4,283
process and complying with the environmental standards of this 4,284
chapter. Upon request of the applicant for a permit, the chief 4,285
shall make a determination of the probable hydrologic 4,286
consequences required in division (B)(2)(k) of section 1513.07 of 4,287
the Revised Code within sixty days after a permit has been 4,288
submitted to the division for those applications requesting the 4,289
chief to perform the study. The chief shall perform the chemical 4,290
analysis of test borings or core samplings for operators who have 4,291
a total annual production of coal at all locations that does not 4,292
exceed one hundred thousand tons. 4,293
(5) Adopt programs, rules, and procedures designed to 4,295
ensure that reclamation is performed on operations for which the 4,296
performance bond has been forfeited pursuant to section 1513.16 4,297
of the Revised Code; 4,298
(6) Receive, administer, and expend moneys obtained from 4,300
the United States department of the interior and other federal 4,301
agencies to implement the state's permanent coal regulatory 4,302
program; 4,303
(7)(a) Regulate the beneficial use of coal combustion 4,306
byproducts at coal mining and reclamation operations and 4,307
abandoned mine lands that are regulated under this chapter and 4,308
rules adopted under it. The beneficial use of coal combustion 4,309
byproducts at such coal mining and reclamation operations and 4,310
abandoned mine lands is subject to all applicable performance 4,311
standards and requirements established under this chapter and 4,312
rules adopted under it, including, without limitation, standards 4,313
and requirements established under section 1513.16 of the Revised 4,314
97
Code and rules adopted pursuant to it. 4,316
The beneficial use of coal combustion byproducts that is 4,318
authorized at coal mining and reclamation operations and 4,319
abandoned mine lands that are regulated under this chapter and 4,320
rules adopted under it is not subject to the following provisions 4,322
of Chapters 3734. and 6111. of the Revised Code and rules adopted 4,324
under those provisions: 4,325
(i) Permit and license requirements for solid waste 4,328
facilities established under sections 3734.02 and 3734.05 of the 4,329
Revised Code; 4,330
(ii) The prohibition against the open dumping of solid 4,333
wastes established in section 3734.03 of the Revised Code; 4,335
(iii) Solid waste generation and disposal fees established 4,338
under sections 3734.57 to 3734.574 of the Revised Code; 4,340
(iv) Permit to install and plan approval requirements 4,343
established under sections 6111.03, 6111.44, and 6111.45 of the 4,344
Revised Code. 4,345
Nothing in division (A)(7) of this section shall be 4,348
construed to limit any other requirements that are applicable to 4,349
the beneficial use of coal combustion byproducts and that are 4,350
established under Chapter 3704., 3714., 3734., or 6111. of the 4,352
Revised Code or under local or federal laws, including, without 4,355
limitation, requirements governing air pollution control permits, 4,356
hazardous waste, national pollutant discharge elimination system 4,357
permits, and section 401 water quality certifications. 4,358
(b) As used in division (A)(7) of this section: 4,361
(i) "Coal combustion byproducts" means fly ash, bottom 4,364
ash, coal slag, flue gas desulphurization and fluidized bed 4,365
combustion byproducts, air or water pollution control residues 4,366
from the operation of a coal-fired electric or steam generation 4,367
facility, and any material from a clean coal technology 4,368
demonstration project or other innovative process at a coal-fired 4,369
electric or steam generation facility.
(ii) "Beneficial use" means the use of coal combustion 4,372
98
byproducts in a manner that is not equivalent to the 4,373
establishment of a disposal system or a solid waste disposal 4,374
facility and that is unlikely to affect human health or safety or 4,375
the environment adversely or to degrade the existing quality of 4,376
the land, air, or water. "Beneficial use" includes, without 4,377
limitation, land application uses for agronomic value; land 4,378
reclamation uses; and discrete, controlled uses for structural 4,379
fill, pavement aggregate, pipe bedding aggregate, mine sealing, 4,380
alternative drainage or capping material, and pilot demonstration 4,381
projects.
(iii) "Structural fill" means the discrete, controlled use 4,384
of a coal combustion byproduct as a substitute for a conventional 4,385
aggregate, raw material, or soil under or immediately adjacent to 4,386
a building or structure. "Structural fill" does not include uses 4,387
that involve general filling or grading operations or valley 4,388
fills.
(iv) "Pavement aggregate" means the discrete, controlled 4,391
use of a coal combustion byproduct as a subbase material or 4,392
drainage layer under or immediately adjacent to a paved road or a 4,393
paved parking lot where the coal combustion byproduct is a 4,394
substitute for a conventional aggregate, raw material, or soil. 4,395
(v) "Pipe bedding aggregate" means the discrete, 4,398
controlled use of a coal combustion byproduct as a substitute for 4,399
a conventional aggregate, raw material, or soil under, around, or 4,400
immediately adjacent to a water, sewer, or other pipeline. 4,401
(vi) "Coal-fired electric or steam generation facility" 4,404
includes any boiler that is fired with coal or with coal in 4,405
combination with petroleum coke, oil, natural gas, or any other 4,406
fossil fuel.
(vii) "Solid waste disposal facility" means a facility for 4,409
the disposal of solid wastes as provided in Chapter 3734. of the 4,410
Revised Code and rules adopted under it. 4,413
(viii) "Disposal system" has the same meaning as in 4,416
section 6111.01 of the Revised Code. 4,418
99
(B) The chief, by rule, may designate as unsuitable for 4,420
coal mining natural areas maintained on the registry of natural 4,421
areas of the department of natural resources pursuant to Chapter 4,423
1517. of the Revised Code, wild, scenic, or recreational river 4,424
areas designated pursuant to that chapter, publicly owned or 4,426
dedicated parks, and other areas of unique and irreplaceable 4,427
natural beauty or condition, or areas within specified distances 4,428
of a public road, occupied dwelling, public building, school, 4,429
church, community, or institutional building, public park, or 4,430
cemetery. Such a designation may include land adjacent to the 4,431
perimeters of those areas that may be necessary to protect their 4,432
integrity.
(C)(1) The adoption, amendment, and rescission of rules 4,434
under divisions (A)(1) and (B) of this section are subject to 4,435
Chapter 119. of the Revised Code. 4,436
(2) The issuance of orders under division (A)(2) of this 4,438
section and appeals therefrom are not governed by or subject to 4,439
Chapter 119. of the Revised Code, but are governed by this 4,440
chapter. 4,441
(D)(1) When the chief or an authorized representative of 4,443
the chief determines that any condition or practice exists or 4,444
that any permittee is in violation of any requirement of this 4,445
chapter or any permit condition required by this chapter, which 4,446
condition, practice, or violation creates an imminent danger to 4,447
the health or safety of the public or is causing, or can 4,448
reasonably be expected to cause, significant, imminent 4,449
environmental harm to land, air, or water resources, the chief or 4,450
the authorized representative immediately shall order the 4,451
cessation of coal mining and reclamation operations or the 4,452
portion thereof relevant to the condition, practice, or 4,453
violation. The cessation order shall remain in effect until the 4,454
chief or the authorized representative determines that the 4,455
condition, practice, or violation has been abated or until the 4,456
order is modified, vacated, or terminated by the chief or the 4,457
100
authorized representative pursuant to division (D)(4) of this 4,458
section or by the reclamation commission pursuant to section 4,459
1513.13 of the Revised Code. When the chief or the authorized 4,461
representative finds that the ordered cessation of coal mining 4,462
and reclamation operations or any portion thereof will not 4,463
completely abate the imminent danger to the health or safety of 4,464
the public or the significant, imminent environmental harm to 4,465
land, air, or water resources, the chief or the authorized 4,466
representative, in addition to the cessation order, shall order 4,467
the operator to take whatever steps the chief or the authorized 4,469
representative considers necessary to abate the imminent danger
or the significant environmental harm. 4,470
(2) When the chief or an authorized representative of the 4,473
chief determines that any person is in violation of any
requirement of this chapter or any permit condition required by 4,474
this chapter, but the violation does not create an imminent 4,475
danger to the health or safety of the public or cannot reasonably 4,476
be expected to cause significant, imminent environmental harm to 4,477
land, air, or water resources, the chief or the authorized 4,478
representative shall issue a notice of violation to the person or 4,480
the person's agent fixing a reasonable time for the abatement of 4,481
the violation, provided that the time afforded a person to abate 4,483
the violation shall not exceed the time limitations prescribed by 4,484
the secretary of the interior in 30 C.F.R. Part 843 for an 4,485
approvable state regulatory program under the "Surface Mining 4,486
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,487
1201.
If, upon expiration of the period of time as originally 4,489
fixed or subsequently extended for good cause shown and upon the 4,490
written finding of the chief or the authorized representative, 4,491
the chief or the authorized representative finds that the 4,493
violation has not been abated, the chief or the authorized 4,494
representative immediately shall order the cessation of coal 4,496
mining and reclamation operations or the portion thereof relevant 4,497
101
to the violation. The cessation order shall remain in effect 4,498
until the chief or the authorized representative determines that 4,499
the violation has been abated or until the order is modified, 4,500
vacated, or terminated by the chief or the authorized 4,501
representative pursuant to division (D)(4) of this section or by 4,503
the reclamation commission pursuant to section 1513.13 of the 4,505
Revised Code. In a cessation order issued under division (D)(2) 4,506
of this section, the chief or the authorized representative shall 4,509
prescribe the steps necessary to abate the violation in the most 4,510
expeditious manner possible.
(3) When in the judgment of the chief or an authorized 4,512
representative of the chief a pattern of violations of any 4,513
requirements of this chapter or any permit conditions required by 4,515
this chapter exists or has existed and the violations are caused 4,516
by the unwarranted failure of the permittee to comply with any 4,517
requirements of this chapter or any permit conditions or are 4,518
willfully caused by the permittee, the chief or the authorized 4,520
representative immediately shall issue an order to the permittee 4,521
to show cause why the permit should not be suspended or revoked. 4,522
If a hearing is requested, the chief shall inform all interested 4,523
parties of the time and place of the hearing and conduct the 4,524
hearing pursuant to division (D) of section 1513.13 of the 4,525
Revised Code. Upon the permittee's failure to show cause why the 4,527
permit should not be suspended or revoked, the chief or the 4,528
authorized representative immediately shall suspend or revoke the 4,530
permit.
(4) Notices of violation and orders issued pursuant to 4,532
this section shall set forth with reasonable specificity the 4,533
nature of the violation and the remedial action required, the 4,534
period of time established for abatement, and a reasonable 4,535
description of the portion of the coal mining and reclamation 4,536
operation to which the notice or order applies. Each notice or 4,537
order issued under this section shall be given promptly to the 4,538
alleged violator or the agent of the alleged violator by the 4,540
102
chief or an authorized representative of the chief who issues the 4,541
notice or order. Notices and orders shall be in writing and 4,542
shall be signed by the chief or the authorized representative and 4,543
may be modified, vacated, or terminated by the chief or the 4,545
authorized representative. Any notice or order issued pursuant 4,546
to this section that requires cessation of mining by the operator 4,547
shall expire within thirty days after actual notice to the 4,548
operator unless a public hearing pursuant to section 1513.13 of 4,549
the Revised Code is held at the site or within such reasonable 4,550
proximity to the site that any viewings of the site can be 4,551
conducted during the course of the public hearing. 4,552
(E) The chief may appoint, under section 121.13 of the 4,554
Revised Code, an advisory committee of experts in the fields of 4,555
hydrology, soil conservation, historic preservation, and related 4,556
fields to provide advice on coal mining and reclamation 4,558
practices, the environmental impact of coal mining, the adoption 4,559
of rules, the approval of plans, and the issuance of permits 4,560
under section 1513.07 of the Revised Code. 4,561
(F)(1) A person who violates a permit condition or any 4,563
other provision of this chapter may be assessed a civil penalty 4,564
by the chief, except that if the violation leads to the issuance 4,565
of a cessation order under division (D) of this section, the 4,566
civil penalty shall be assessed for each day until the person 4,567
initiates the necessary corrective steps. The penalty shall not 4,568
exceed five thousand dollars for each violation. Each day of 4,569
continuing violation may be deemed a separate violation for 4,570
purposes of penalty assessments. In determining the amount of 4,571
the penalty, consideration shall be given to the person's history 4,572
of previous violation at the particular coal mining operation; 4,573
the seriousness of the violation, including any irreparable harm 4,574
to the environment and any hazard to the health or safety of the 4,575
public; whether the person was negligent; and the demonstrated 4,576
diligence of the person charged in attempting to achieve rapid 4,577
compliance after notification of the violation. 4,578
103
(2) A civil penalty shall be assessed by the chief only 4,580
after the person charged with a violation under division 4,582
(F)(E)(1) of this section has been given an opportunity for a 4,583
public hearing. If a person charged with such a violation fails 4,584
to avail self ONESELF of the opportunity for a public hearing, a 4,585
civil penalty shall be assessed by the chief after the chief has 4,586
determined that a violation did occur, and the amount of the 4,587
penalty that is warranted, and has issued an order requiring that 4,590
the penalty be paid.
(3) Upon the issuance of a notice or order charging that a 4,592
violation of this chapter has occurred, the chief shall inform 4,593
the operator within thirty days of the proposed amount of the 4,594
penalty and provide opportunity for an adjudicatory hearing 4,595
pursuant to section 1513.13 of the Revised Code. The person 4,596
charged with the penalty then shall have thirty days to pay the 4,597
proposed penalty in full or, if the person wishes to contest 4,598
either the amount of the penalty or the fact of the violation, 4,599
file a petition for review of the proposed assessment with the 4,600
secretary of the reclamation commission pursuant to section 4,602
1513.13 of the Revised Code. If, after the hearing, the 4,603
commission affirms or modifies the proposed amount of the 4,605
penalty, the person charged with the penalty then shall have 4,606
thirty days after receipt of the written decision to pay the 4,607
amount in full or file an appeal with the court of appeals in 4,608
accordance with section 1513.14 of the Revised Code. At the time 4,609
the petition for review of the proposed assessment is filed with 4,610
the secretary, the person shall forward the amount of the penalty 4,611
to the secretary for placement in the reclamation penalty fund, 4,612
which is hereby created. The fund shall be in the custody of the 4,613
treasurer of state, but shall not be a part of the state 4,614
treasury. Pursuant to administrative or judicial review of the 4,615
penalty, the secretary, within thirty days, shall remit the 4,616
appropriate amount of the penalty to the person, with interest, 4,617
if it is determined that no violation occurred or that the amount 4,618
104
of the penalty should be reduced, and the secretary shall forward 4,619
the balance of the penalty or, if the penalty was not reduced, 4,621
the entire amount of the penalty, with interest, to the chief for 4,622
deposit in the coal mining administration and reclamation reserve 4,623
fund created in section 1513.181 of the Revised Code. Failure to 4,624
forward the money to the secretary within thirty days after the 4,625
chief informs the operator of the proposed amount of the penalty 4,626
shall result in a waiver of all legal rights to contest the 4,627
violation or the amount of the penalty. Within fifteen days 4,628
after being informed of the penalty, the person charged with the 4,629
penalty may request in writing an informal assessment conference 4,630
to review the amount of the penalty. The conference shall be 4,631
presided over by the chief or an individual appointed by the 4,632
chief other than the inspector that issued the notice of 4,634
violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal 4,635
conferences. Time allowed for payment of the penalty or appeal 4,636
to the commission shall be tolled while the penalty is being 4,638
reviewed in an informal conference. 4,639
(4) An operator who fails to correct a violation for which 4,641
a notice of violation or order has been issued under division (D) 4,642
of this section within the period permitted for its correction 4,643
shall be assessed a civil penalty of not less than seven hundred 4,644
fifty dollars for each day during which the failure or violation 4,645
continues. However, a civil penalty shall not be assessed under 4,646
division (F)(E)(4) of this section if the commission orders the 4,648
suspension of the abatement requirement after determining, based 4,650
upon the findings of an expedited hearing held under section 4,651
1513.13 of the Revised Code at the request of the operator, that 4,652
the operator will suffer irreparable loss or damage from the 4,653
application of the abatement requirement or if the court orders 4,654
suspension of the abatement requirement pursuant to review 4,655
proceedings held under section 1513.14 of the Revised Code at the 4,656
request of the operator.
105
(G)(F) The chief may enter into a cooperative agreement 4,658
with the secretary of the interior to provide for state 4,659
regulation of coal mining and reclamation operations on federal 4,660
lands within the state. 4,661
(H)(G) The chief may prohibit augering if necessary to 4,663
maximize the utilization, recoverability, or conservation of the 4,664
solid fuel resources or to protect against adverse water quality 4,665
impacts. 4,666
(I)(H) The chief shall transmit copies of all schedules 4,668
submitted under section 1513.07 of the Revised Code pertaining to 4,669
violations of air or water quality laws and rules adopted and 4,670
orders issued under those laws in connection with coal mining 4,672
operations to the director of environmental protection for 4,673
verification. 4,674
(J)(I) For the purposes of sections 1513.18, 1513.24, 4,676
1513.37, and 1514.06 of the Revised Code, the chief triennially 4,677
shall determine the average wage rate for companies performing 4,678
reclamation work for the division under those sections by 4,679
averaging the wage rate paid by all companies performing such 4,680
reclamation work during the three years immediately preceding the 4,682
determination. However, in making the initial determination 4,683
under this division, the chief shall average the wage rate paid 4,684
by all companies performing such reclamation work during the ten 4,685
years immediately preceding October 29, 1995. 4,686
Sec. 1513.03. The chief of the division of mines and 4,695
reclamation MINERAL RESOURCES MANAGEMENT shall designate certain 4,696
employees of the division as inspection officers of coal and 4,698
surface mining operations MINERAL RESOURCES INSPECTORS for the 4,699
purpose of enforcing the coal mining laws and the surface mining 4,700
laws. Such inspection officers INSPECTORS may enter upon and 4,701
inspect any coal or surface mining operation at any time, and 4,702
upon entering the permit area the inspector shall notify the 4,703
operator and shall furnish proper identification. After the 4,704
final maps have been approved, the inspector shall notify the 4,705
106
nearest mine office of the operator and advise of the inspection. 4,706
They may serve and execute warrants and other processes of law 4,707
issued in the enforcement of this chapter and Chapter 1514. of 4,708
the Revised Code and rules adopted thereunder. 4,709
Such inspection officers INSPECTORS, while in the normal, 4,711
lawful, and peaceful pursuit of their duties, may enter upon, 4,713
cross over, and remain upon privately owned lands for such 4,714
purposes, and shall not be subject to arrest for trespass while 4,715
so engaged or for such cause thereafter. 4,716
Before a person other than a person who was an inspector of 4,718
coal or surface mining operations on April 10, 1972, is eligible 4,719
for appointment as an inspection officer A MINERAL RESOURCES 4,720
INSPECTOR, he THE PERSON shall pass an examination prepared and 4,722
administered by the department of administrative services and 4,723
shall serve in a provisional status for a probationary period of 4,724
one year SIX MONTHS to the satisfaction of the chief. The chief 4,726
may hire provisionally, pending the administration of a civil 4,727
service examination and establishment of a civil service 4,728
eligibility list. A person serving in a provisional status has 4,729
the same authority as a permanently appointed inspection officer 4,730
INSPECTOR. This section does not affect the status of any person 4,732
employed as an inspector of coal or surface mining operations 4,733
prior to April 10, 1972, if the person is a certified employee in 4,734
the classified service of the state.
Sec. 1513.07. (A)(1) No operator shall conduct a coal 4,743
mining operation without a permit for the operation issued by the 4,745
chief of the division of mines and reclamation. Any permit
validly issued by the chief after February 3, 1978, in effect on 4,746
September 1, 1981, that would expire at any time before eight 4,747
months after approval of the state reclamation program by the 4,748
secretary of the United States department of the interior 4,749
pursuant to the "Surface Mining Control and Reclamation Act of 4,750
1977," 91 Stat. 446, 20 U.S.C. 1201, shall remain in effect until 4,751
eight months after approval of the program. A permit so extended 4,752
107
shall continue as a valid existing permit beyond the eight-month 4,753
period if the permittee, having filed an application for a new 4,754
permit within two months after the date of approval of the state 4,755
program, has not received an initial administrative decision on 4,756
the application MINERAL RESOURCES MANAGEMENT. 4,757
(2) All permits issued pursuant to this chapter shall be 4,759
issued for a term not to exceed five years, except that, if the 4,760
applicant demonstrates that a specified longer term is reasonably 4,761
needed to allow the applicant to obtain necessary financing for 4,762
equipment and the opening of the operation and if the application 4,763
is full and complete for the specified longer term, the chief may 4,764
grant a permit for the longer term. A successor in interest to a 4,765
permittee who applies for a new permit within thirty days after 4,766
succeeding to the interest and who is able to obtain the bond 4,767
coverage of the original permittee may continue coal mining and 4,768
reclamation operations according to the approved mining and 4,769
reclamation plan of the original permittee until the successor's 4,770
application is granted or denied. 4,771
(3) A permit shall terminate if the permittee has not 4,773
commenced the coal mining operations covered by the permit within 4,774
three years after the issuance of the permit, except that the 4,775
chief may grant reasonable extensions of the time upon a showing 4,776
that the extensions are necessary by reason of litigation 4,777
precluding the commencement or threatening substantial economic 4,778
loss to the permittee or by reason of conditions beyond the 4,779
control and without the fault or negligence of the permittee, and 4,780
except that with respect to coal to be mined for use in a 4,781
synthetic fuel facility or specified major electric generating 4,782
facility, the permittee shall be deemed to have commenced coal 4,783
mining operations at the time construction of the synthetic fuel 4,784
or generating facility is initiated. 4,785
(4)(a) Any permit issued pursuant to this chapter shall 4,787
carry with it the right of successive renewal upon expiration 4,788
with respect to areas within the boundaries of the permit. The 4,789
108
holders of the permit may apply for renewal and the renewal shall 4,790
be issued unless the chief determines by written findings, 4,791
subsequent to fulfillment of the public notice requirements of 4,792
this section and section 1513.071 of the Revised Code through 4,793
demonstrations by opponents of renewal or otherwise, that one or 4,794
more of the following circumstances exists: 4,795
(i) The terms and conditions of the existing permit are 4,797
not being satisfactorily met; 4,798
(ii) The present coal mining and reclamation operation is 4,800
not in compliance with the environmental protection standards of 4,801
this chapter; 4,802
(iii) The renewal requested substantially jeopardizes the 4,804
operator's continuing responsibilities on existing permit areas; 4,805
(iv) The applicant has not provided evidence that the 4,807
performance bond in effect for the operation will continue in 4,808
effect for any renewal requested in the application; 4,809
(v) Any additional, revised, or updated information 4,811
required by the chief has not been provided. Prior to the 4,812
approval of any renewal of a permit, the chief shall provide 4,813
notice to the appropriate public authorities as prescribed by 4,814
rule of the chief. 4,815
(b) If an application for renewal of a valid permit 4,817
includes a proposal to extend the mining operation beyond the 4,818
boundaries authorized in the existing permit, the portion of the 4,819
application for renewal of a valid permit that addresses any new 4,820
land areas shall be subject to the full standards applicable to 4,821
new applications under this chapter. 4,822
(c) A permit renewal shall be for a term not to exceed the 4,824
period of the original permit established by this chapter. 4,825
Application for permit renewal shall be made at least one hundred 4,826
twenty days prior to the expiration of the valid permit. 4,827
(5) A permit issued pursuant to this chapter does not 4,829
eliminate the requirements for obtaining a permit to install or 4,830
modify a disposal system or any part thereof or to discharge 4,831
109
sewage, industrial waste, or other wastes into the waters of the 4,832
state in accordance with Chapter 6111. of the Revised Code. 4,833
(B)(1) Each application for a coal mining and reclamation 4,835
permit or renewal of such a permit shall be accompanied by a 4,836
permit or renewal fee in an amount equal to the product of 4,837
seventy-five dollars multiplied by the number of acres, estimated 4,838
in the application, that will comprise the area of land to be 4,839
affected within the permit or renewal period by the coal mining 4,840
operation for which the permit or renewal is requested. 4,841
(2) The permit application shall be submitted in a manner 4,843
satisfactory to the chief and shall contain, among other things, 4,844
all of the following: 4,845
(a) The names and addresses of all of the following: 4,847
(i) The permit applicant; 4,849
(ii) Every legal owner of record of the property, surface 4,851
and mineral, to be mined; 4,852
(iii) The holders of record of any leasehold interest in 4,854
the property; 4,855
(iv) Any purchaser of record of the property under a real 4,857
estate contract; 4,858
(v) The operator if different from the applicant; 4,860
(vi) If any of these are business entities other than a 4,862
single proprietor, the names and addresses of the principals, 4,863
officers, and statutory agent for service of process. 4,864
(b) The names and addresses of the owners of record of all 4,866
surface and subsurface areas adjacent to any part of the permit 4,867
area; 4,868
(c) A statement of any current or previous coal mining 4,870
permits in the United States held by the applicant, the permit 4,871
identification, and any pending applications; 4,872
(d) If the applicant is a partnership, corporation, 4,874
association, or other business entity, the following where 4,875
applicable: the names and addresses of every officer, partner, 4,876
director, or person performing a function similar to a director, 4,877
110
of the applicant, the name and address of any person owning, of 4,878
record, ten per cent or more of any class of voting stock of the 4,879
applicant, a list of all names under which the applicant, 4,880
partner, or principal shareholder previously operated a coal 4,881
mining operation within the United States within the five-year 4,882
period preceding the date of submission of the application, and a 4,883
list of the person or persons primarily responsible for ensuring 4,884
that the applicant complies with the requirements of this chapter 4,885
and rules adopted pursuant thereto while mining and reclaiming 4,886
under the permit; 4,887
(e) A statement of whether the applicant, any subsidiary, 4,889
affiliate, or persons controlled by or under common control with 4,890
the applicant, any partner if the applicant is a partnership, any 4,891
officer, principal shareholder, or director if the applicant is a 4,892
corporation, or any other person who has a right to control or in 4,893
fact controls the management of the applicant or the selection of 4,894
officers, directors, or managers of the applicant: 4,895
(i) Has ever held a federal or state coal mining permit 4,897
that in the five-year period prior to the date of submission of 4,898
the application has been suspended or revoked or has had a coal 4,899
mining bond or similar security deposited in lieu of bond 4,900
forfeited and, if so, a brief explanation of the facts involved; 4,901
(ii) Has been an officer, partner, director, principal 4,903
shareholder, or person having the right to control or has in fact 4,904
controlled the management of or the selection of officers, 4,905
directors, or managers of a business entity that has had a coal 4,906
mining or surface mining permit that in the five-year period 4,907
prior to the date of submission of the application has been 4,908
suspended or revoked or has had a coal mining or surface mining 4,909
bond or similar security deposited in lieu of bond forfeited and, 4,910
if so, a brief explanation of the facts involved. 4,911
(f) A copy of the applicant's advertisement to be 4,913
published in a newspaper of general circulation in the locality 4,914
of the proposed site at least once a week for four successive 4,915
111
weeks, which shall include the ownership of the proposed mine, a 4,916
description of the exact location and boundaries of the proposed 4,917
site sufficient to make the proposed operation readily 4,918
identifiable by local residents, and the location where the 4,919
application is available for public inspection; 4,920
(g) A description of the type and method of coal mining 4,922
operation that exists or is proposed, the engineering techniques 4,923
proposed or used, and the equipment used or proposed to be used; 4,924
(h) The anticipated or actual starting and termination 4,926
dates of each phase of the mining operation and number of acres 4,927
of land to be affected; 4,928
(i) An accurate map or plan, to an appropriate scale, 4,930
clearly showing the land to be affected and the land upon which 4,931
the applicant has the legal right to enter and commence coal 4,932
mining operations, copies of those documents upon which is based 4,933
the applicant's legal right to enter and commence coal mining 4,935
operations, and a statement whether that right is the subject of 4,936
pending litigation. This chapter does not authorize the chief to 4,937
adjudicate property title disputes. 4,938
(j) The name of the watershed and location of the surface 4,940
stream or tributary into which drainage from the operation will 4,941
be discharged; 4,942
(k) A determination of the probable hydrologic 4,944
consequences of the mining and reclamation operations, both on 4,945
and off the mine site, with respect to the hydrologic regime, 4,946
providing information on the quantity and quality of water in 4,947
surface and ground water systems including the dissolved and 4,948
suspended solids under seasonal flow conditions and the 4,949
collection of sufficient data for the mine site and surrounding 4,950
areas so that an assessment can be made by the chief of the 4,951
probable cumulative impacts of all anticipated mining in the area 4,952
upon the hydrology of the area and particularly upon water 4,953
availability, but this determination shall not be required until 4,954
hydrologic information of the general area prior to mining is 4,955
112
made available from an appropriate federal or state agency; 4,956
however, the permit shall not be approved until the information 4,957
is available and is incorporated into the application; 4,958
(l) When requested by the chief, the climatological 4,960
factors that are peculiar to the locality of the land to be 4,961
affected, including the average seasonal precipitation, the 4,962
average direction and velocity of prevailing winds, and the 4,963
seasonal temperature ranges; 4,964
(m) Accurate maps prepared by or under the direction of 4,966
and certified by a qualified registered professional engineer, 4,967
registered surveyor, or licensed landscape architect to an 4,968
appropriate scale clearly showing all types of information set 4,969
forth on topographical maps of the United States geological 4,970
survey of a scale of not more than four hundred feet to the inch, 4,971
including all man-made ARTIFICIAL features and significant known 4,972
archeological sites. The map, among other things specified by 4,974
the chief, shall show all boundaries of the land to be affected,
the boundary lines and names of present owners of record of all 4,975
surface areas abutting the permit area, and the location of all 4,976
buildings within one thousand feet of the permit area. 4,977
(n)(i) Cross-section maps or plans of the land to be 4,979
affected including the actual area to be mined, prepared by or 4,980
under the direction of and certified by a qualified registered 4,981
professional engineer or certified professional geologist with 4,982
assistance from experts in related fields such as hydrology, 4,983
hydrogeology, geology, and landscape architecture, showing 4,984
pertinent elevations and locations of test borings or core 4,985
samplings and depicting the following information: the nature 4,986
and depth of the various strata of overburden; the nature and 4,987
thickness of any coal or rider seam above the coal seam to be 4,988
mined; the nature of the stratum immediately beneath the coal 4,989
seam to be mined; all mineral crop lines and the strike and dip 4,990
of the coal to be mined within the area to be affected; existing 4,991
or previous coal mining limits; the location and extent of known 4,992
113
workings of any underground mines, including mine openings to the 4,993
surface; the location of spoil, waste, or refuse areas and 4,994
topsoil preservation areas; the location of all impoundments for 4,995
waste or erosion control; any settling or water treatment 4,996
facility; constructed or natural drainways and the location of 4,997
any discharges to any surface body of water on the land to be 4,998
affected or adjacent thereto; profiles at appropriate cross 4,999
sections of the anticipated final surface configuration that will 5,000
be achieved pursuant to the operator's proposed reclamation plan; 5,001
the location of subsurface water, if encountered; the location 5,002
and quality of aquifers; and the estimated elevation of the water 5,003
table. Registered surveyors shall be allowed to perform all 5,004
plans, maps, and certifications under this chapter as they are 5,005
authorized under Chapter 4733. of the Revised Code. 5,006
(ii) A statement of the quality and locations of 5,008
subsurface water. The chief shall provide by rule the number of 5,009
locations to be sampled, frequency of collection, and parameters 5,010
to be analyzed to obtain the statement required. 5,011
(o) A statement of the results of test borings or core 5,013
samplings from the permit area, including logs of the drill 5,014
holes, the thickness of the coal seam found, an analysis of the 5,015
chemical properties of the coal, the sulfur content of any coal 5,016
seam, chemical analysis of potentially acid or toxic forming 5,017
sections of the overburden, and chemical analysis of the stratum 5,018
lying immediately underneath the coal to be mined, except that 5,019
this division may be waived by the chief with respect to the 5,020
specific application by a written determination that its 5,021
requirements are unnecessary; 5,022
(p) For those lands in the permit application which THAT a 5,024
reconnaissance inspection suggests may be prime farmlands, a soil 5,025
survey shall be made or obtained according to standards 5,026
established by the secretary of the United States department of 5,027
agriculture in order to confirm the exact location of the prime 5,028
farmlands, if any; 5,029
114
(q) A certificate issued by an insurance company 5,031
authorized to do business in this state certifying that the 5,032
applicant has a public liability insurance policy in force for 5,033
the coal mining and reclamation operations for which the permit 5,034
is sought or evidence that the applicant has satisfied other 5,035
state self-insurance requirements. The policy shall provide for 5,036
personal injury and property damage protection in an amount 5,037
adequate to compensate any persons damaged as a result of coal 5,038
mining and reclamation operations, including the use of 5,039
explosives, and entitled to compensation under the applicable 5,040
provisions of state law. The policy shall be maintained in 5,041
effect during the term of the permit or any renewal, including 5,042
the length of all reclamation operations. The insurance company 5,043
shall give prompt notice to the permittee and the chief if the 5,044
public liability insurance policy lapses for any reason including 5,045
the nonpayment of insurance premiums. Upon the lapse of the 5,046
policy, the chief may suspend the permit and all other 5,047
outstanding permits until proper insurance coverage is obtained. 5,048
(r) The business telephone number of the applicant; 5,050
(s) If the applicant seeks an authorization under division 5,052
(E)(7) of this section to conduct coal mining and reclamation 5,053
operations on areas to be covered by the permit that were 5,054
affected by coal mining operations before August 3, 1977, that 5,055
have resulted in continuing water pollution from or on the 5,056
previously mined areas, such additional information pertaining to 5,057
those previously mined areas as may be required by the chief, 5,058
including, without limitation, maps, plans, cross sections, data 5,059
necessary to determine existing water quality from or on those 5,060
areas with respect to pH, iron, and manganese, and a pollution 5,061
abatement plan that may improve water quality from or on those 5,062
areas with respect to pH, iron, and manganese. 5,063
(3) Information pertaining to coal seams, test borings, 5,065
core samplings, or soil samples as required by this section shall 5,066
be made available by the chief to any person with an interest 5,067
115
that is or may be adversely affected, except that information 5,068
that pertains only to the analysis of the chemical and physical 5,069
properties of the coal, excluding information regarding mineral 5,070
or elemental content that is potentially toxic in the 5,071
environment, shall be kept confidential and not made a matter of 5,072
public record. 5,073
(4)(a) If the chief finds that the probable total annual 5,075
production at all locations of any operator will not exceed three 5,076
hundred thousand tons, the following activities, upon the written 5,079
request of the operator in connection with a permit application,
shall be performed by a qualified public or private laboratory or 5,081
another public or private qualified entity designated by the 5,082
chief, and the cost of the activities shall be assumed by the 5,083
chief, provided that sufficient moneys for such assistance are
available:
(i) The determination of probable hydrologic consequences 5,085
required under division (B)(2)(k) of this section; 5,086
(ii) The development of cross-section maps and plans 5,088
required under division (B)(2)(n)(i) of this section; 5,089
(iii) The geologic drilling and statement of results of 5,091
test borings and core samplings required under division (B)(2)(o) 5,092
of this section;
(iv) The collection of archaeological information required 5,094
under division (B)(2)(m) of this section and any other 5,095
archaeological and historical information required by the chief, 5,096
and the preparation of plans necessitated thereby; 5,097
(v) Pre-blast surveys required under division (E) of 5,099
section 1513.161 of the Revised Code; 5,100
(vi) The collection of site-specific resource information 5,102
and production of protection and enhancement plans for fish and 5,103
wildlife habitats and other environmental values required by the 5,104
chief under this chapter.
(b) A coal operator that has received assistance under 5,106
division (B)(4)(a) of this section shall reimburse the chief for 5,107
116
the cost of the services rendered if the chief finds that the 5,108
operator's actual and attributed annual production of coal for 5,109
all locations exceeds three hundred thousand tons during the
twelve months immediately following the date on which the 5,110
operator was issued a coal mining and reclamation permit. 5,111
(5) Each applicant for a permit shall submit to the chief 5,113
as part of the permit application a reclamation plan that meets 5,114
the requirements of this chapter. 5,115
(6) Each applicant for a coal mining and reclamation 5,117
permit shall file a copy of the application for a permit, 5,118
excluding that information pertaining to the coal seam itself, 5,119
for public inspection with the county recorder or an appropriate 5,120
public office approved by the chief in the county where the 5,121
mining is proposed to occur. 5,122
(7) Each applicant for a coal mining and reclamation 5,124
permit shall submit to the chief as part of the permit 5,125
application a blasting plan that describes the procedures and 5,126
standards by which the operator will meet the provisions of 5,127
COMPLY WITH section 1513.161 of the Revised Code. 5,128
(C) Each reclamation plan submitted as part of a permit 5,130
application shall include, in the detail necessary to demonstrate 5,131
that reclamation required by this chapter can be accomplished, a 5,132
statement of: 5,133
(1) The identification of the lands subject to coal mining 5,135
operations over the estimated life of those operations and the 5,136
size, sequence, and timing of the subareas for which it is 5,137
anticipated that individual permits for mining will be sought; 5,138
(2) The condition of the land to be covered by the permit 5,140
prior to any mining including all of the following: 5,141
(a) The uses existing at the time of the application and, 5,143
if the land has a history of previous mining, the uses that 5,144
preceded any mining; 5,145
(b) The capability of the land prior to any mining to 5,147
support a variety of uses, giving consideration to soil and 5,148
117
foundation characteristics, topography, and vegetative cover and, 5,149
if applicable, a soil survey prepared pursuant to division 5,150
(B)(2)(p) of this section; 5,151
(c) The productivity of the land prior to mining, 5,153
including appropriate classification as prime farmlands as well 5,154
as the average yield of food, fiber, forage, or wood products 5,155
obtained from the land under high levels of management. 5,156
(3) The use that is proposed to be made of the land 5,158
following reclamation, including information regarding the 5,159
utility and capacity of the reclaimed land to support a variety 5,160
of alternative uses, the relationship of the proposed use to 5,161
existing land use policies and plans, and the comments of any 5,162
owner of the land and state and local governments or agencies 5,163
thereof that would have to initiate, implement, approve, or 5,164
authorize the proposed use of the land following reclamation; 5,165
(4) A detailed description of how the proposed postmining 5,167
land use is to be achieved and the necessary support activities 5,168
that may be needed to achieve the proposed land use; 5,169
(5) The engineering techniques proposed to be used in 5,171
mining and reclamation and a description of the major equipment; 5,172
a plan for the control of surface water drainage and of water 5,173
accumulation; a plan, where appropriate, for backfilling, soil 5,174
stabilization, and compacting, grading, and appropriate 5,175
revegetation; a plan for soil reconstruction, replacement, and 5,176
stabilization, pursuant to the performance standards in section 5,177
1513.16 of the Revised Code, for those food, forage, and forest 5,178
lands identified in that section; and an estimate of the cost per 5,180
acre of the reclamation, including a statement as to how the 5,181
permittee plans to comply with each of the requirements set out 5,182
in section 1513.16 of the Revised Code;
(6) A description of the means by which the utilization 5,184
and conservation of the solid fuel resource being recovered will 5,185
be maximized so that reaffecting the land in the future can be 5,186
minimized; 5,187
118
(7) A detailed estimated timetable for the accomplishment 5,189
of each major step in the reclamation plan; 5,190
(8) A description of the degree to which the coal mining 5,192
and reclamation operations are consistent with surface owner 5,193
plans and applicable state and local land use plans and programs; 5,194
(9) The steps to be taken to comply with applicable air 5,196
and water quality laws and regulations and any applicable health 5,197
and safety standards; 5,198
(10) A description of the degree to which the reclamation 5,200
plan is consistent with local physical, environmental, and 5,201
climatological conditions; 5,202
(11) A description of all lands, interests in lands, or 5,204
options on such interests held by the applicant or pending bids 5,205
on interests in lands by the applicant, which lands are 5,206
contiguous to the area to be covered by the permit; 5,207
(12) The results of test borings that the applicant has 5,209
made at the area to be covered by the permit, or other equivalent 5,210
information and data in a form satisfactory to the chief, 5,211
including the location of subsurface water, and an analysis of 5,212
the chemical properties, including acid forming properties of the 5,213
mineral and overburden; except that information that pertains 5,214
only to the analysis of the chemical and physical properties of 5,215
the coal, excluding information regarding mineral or elemental 5,216
contents that are potentially toxic in the environment, shall be 5,217
kept confidential and not made a matter of public record; 5,218
(13) A detailed description of the measures to be taken 5,220
during the mining and reclamation process to ensure the 5,221
protection of all of the following: 5,222
(a) The quality of surface and ground water systems, both 5,224
on- and off-site, from adverse effects of the mining and 5,225
reclamation process; 5,226
(b) The rights of present users to such water; 5,228
(c) The quantity of surface and ground water systems, both 5,230
on- and off-site, from adverse effects of the mining and 5,231
119
reclamation process or, where such protection of quantity cannot 5,232
be assured, provision of alternative sources of water. 5,233
(14) Any other requirements the chief prescribes by rule. 5,235
(D)(1) Any information required by division (C) of this 5,237
section that is not on public file pursuant to this chapter shall 5,238
be held in confidence by the chief. 5,239
(2) With regard to requests for an exemption from the 5,241
requirements of this chapter for coal extraction incidental to 5,242
the extraction of other minerals, as described in division 5,243
(H)(1)(a) of section 1513.01 of the Revised Code, confidential 5,244
information includes and is limited to information concerning
trade secrets or privileged commercial or financial information 5,245
relating to the competitive rights of the persons intending to 5,246
conduct the extraction of minerals. 5,247
(E)(1) Upon the basis of a complete mining application and 5,249
reclamation plan or a revision or renewal thereof, as required by 5,250
this chapter, and information obtained as a result of public 5,251
notification and public hearing, if any, as provided by section 5,252
1513.071 of the Revised Code, the chief shall grant, require 5,253
modification of, or deny the application for a permit in a 5,254
reasonable time set by the chief and notify the applicant in 5,255
writing. The applicant for a permit or revision of a permit has 5,256
the burden of establishing that the application is in compliance 5,258
with all the requirements of this chapter. Within ten days after 5,259
the granting of a permit, the chief shall notify the boards of 5,260
township trustees and county commissioners, the mayor, and the 5,261
legislative authority in the township, county, and municipal 5,262
corporation in which the area of land to be affected is located 5,263
that a permit has been issued and shall describe the location of 5,264
the land. However, failure of the chief to notify the local 5,265
officials shall not affect the status of the permit. 5,266
(2) No permit application or application for revision of 5,268
an existing permit shall be approved unless the application 5,269
affirmatively demonstrates and the chief finds in writing on the 5,270
120
basis of the information set forth in the application or from 5,271
information otherwise available, which will SHALL be documented 5,272
in the approval and made available to the applicant, all of the 5,274
following: 5,275
(a) The application is accurate and complete and that all 5,277
the requirements of this chapter have been complied with;. 5,278
(b) The applicant has demonstrated that the reclamation 5,280
required by this chapter can be accomplished under the 5,281
reclamation plan contained in the application;. 5,282
(c)(i) Assessment of the probable cumulative impact of all 5,284
anticipated mining in the general and adjacent area on the 5,285
hydrologic balance specified in division (B)(2)(k) of this 5,286
section has been made by the chief, and the proposed operation 5,287
has been designed to prevent material damage to hydrologic 5,288
balance outside the permit area;. 5,289
(ii) There shall be an ongoing process conducted by the 5,291
chief in cooperation with other state and federal agencies to 5,292
review all assessments of probable cumulative impact of coal 5,293
mining in light of post-mining data and any other hydrologic 5,294
information as it becomes available to determine if the 5,295
assessments were realistic. The chief shall take appropriate 5,296
action as indicated in the review process. 5,297
(d) The area proposed to be mined is not included within 5,299
an area designated unsuitable for coal mining pursuant to section 5,300
1513.073 of the Revised Code or is not within an area under study 5,301
for such designation in an administrative proceeding commenced 5,302
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the 5,303
Revised Code unless in an area as to which an administrative 5,304
proceeding has commenced pursuant to division (A)(3)(c) or (B) of 5,305
section 1513.073 of the Revised Code, the operator making the 5,306
permit application demonstrates that, prior to January 1, 1977, 5,307
the operator made substantial legal and financial commitments in 5,309
relation to the operation for which a permit is sought;. 5,311
(e) In cases where the private mineral estate has been 5,313
121
severed from the private surface estate, the applicant has 5,314
submitted to the chief one of the following: 5,315
(i) The written consent of the surface owner to the 5,317
extraction of coal by strip mining methods; 5,318
(ii) A conveyance that expressly grants or reserves the 5,320
right to extract the coal by strip mining methods; 5,321
(iii) If the conveyance does not expressly grant the right 5,323
to extract coal by strip mining methods, the surface-subsurface 5,324
legal relationship shall be determined under the law of this 5,325
state. This chapter does not authorize the chief to adjudicate 5,326
property rights disputes. 5,327
(3)(a) The applicant shall file with the permit 5,329
application a schedule listing all notices of violations of any 5,330
law, rule, or regulation of the United States or of any 5,331
department or agency thereof or of any state pertaining to air or 5,332
water environmental protection incurred by the applicant in 5,333
connection with any coal mining operation during the three-year 5,334
period prior to the date of application. The schedule also shall 5,335
indicate the final resolution of such a notice of violation. 5,336
Upon receipt of an application, the chief shall provide a 5,337
schedule listing all notices of violations of this chapter 5,338
pertaining to air or water environmental protection incurred by 5,339
the applicant during the three-year period prior to receipt of 5,340
the application and the final resolution of all such notices of 5,341
violation. The chief shall provide this schedule to the 5,342
applicant for filing by the applicant with the application filed 5,343
for public review, as required by division (B)(6) of this 5,344
section. When the schedule or other information available to the 5,345
chief indicates that any coal mining operation owned or 5,346
controlled by the applicant is currently in violation of such 5,347
laws, the permit shall not be issued until the applicant submits 5,348
proof that the violation has been corrected or is in the process 5,349
of being corrected to the satisfaction of the regulatory 5,350
authority, department, or agency that has jurisdiction over the 5,351
122
violation and that any civil penalties owed to the state for a 5,352
violation and not the subject of an appeal have been paid. No 5,353
permit shall be issued to an applicant after a finding by the 5,354
chief that the applicant or the operator specified in the 5,355
application controls or has controlled mining operations with a 5,356
demonstrated pattern of willful violations of this chapter of a 5,357
nature and duration to result in irreparable damage to the 5,358
environment as to indicate an intent not to comply with or a 5,359
disregard of this chapter.
(b) Until October 1, 2004, for FOR the purposes of 5,361
division (E)(3)(a) of this section, any violation resulting from 5,363
an unanticipated event or condition at a surface coal mining 5,364
operation on lands eligible for remining under a permit held by 5,365
the person submitting an application for a coal mining permit
under this section shall not prevent issuance of that permit. As 5,366
used in this division, "unanticipated event or condition" means 5,367
an event or condition encountered in a remining operation that 5,368
was not contemplated by the applicable surface coal mining and 5,369
reclamation permit.
(4)(a) In addition to finding the application in 5,371
compliance with division (E)(2) of this section, if the area 5,372
proposed to be mined contains prime farmland as determined 5,373
pursuant to division (B)(2)(p) of this section, the chief, after 5,375
consultation with the secretary of the United States department 5,376
of agriculture and pursuant to regulations issued by the 5,377
secretary of the interior with the concurrence of the secretary 5,378
of agriculture, may grant a permit to mine on prime farmland if 5,379
the chief finds in writing that the operator has the
technological capability to restore the mined area, within a 5,380
reasonable time, to equivalent or higher levels of yield as 5,381
nonmined prime farmland in the surrounding area under equivalent 5,382
levels of management and can meet the soil reconstruction 5,383
standards in section 1513.16 of the Revised Code. 5,384
(b) Division (E)(4)(a) of this section does not apply to a 5,386
123
permit issued prior to August 3, 1977, or revisions or renewals 5,387
thereof. 5,388
(5) The chief shall issue an order denying a permit after 5,390
finding that the applicant has misrepresented or omitted any 5,392
material fact in the application for the permit. 5,393
(6) The chief may issue an order denying a permit after 5,395
finding that the applicant, any partner, if the applicant is a 5,397
partnership, any officer, principal shareholder, or director, if 5,398
the applicant is a corporation, or any other person who has a 5,399
right to control or in fact controls the management of the 5,400
applicant or the selection of officers, directors, or managers of 5,401
the applicant has been a sole proprietor or partner, officer, 5,402
director, principal shareholder, or person having the right to 5,403
control or has in fact controlled the management of or the 5,404
selection of officers, directors, or managers of a business 5,405
entity that ever has had a coal mining license or permit issued 5,406
by this or any other state or the United States suspended or 5,407
revoked, ever has forfeited a coal or surface mining bond or 5,408
security deposited in lieu of bond in this or any other state or 5,409
with the United States, or ever has substantially or materially 5,410
failed to comply with this chapter. 5,411
(7) When issuing a permit under this section, the chief 5,413
may authorize an applicant to conduct coal mining and reclamation 5,414
operations on areas to be covered by the permit that were 5,415
affected by coal mining operations before August 3, 1977, that 5,416
have resulted in continuing water pollution from or on the 5,417
previously mined areas for the purpose of potentially reducing 5,418
the pollution loadings of pH, iron, and manganese from discharges 5,419
from or on the previously mined areas. Following the chief's 5,420
authorization to conduct such operations on those areas, the 5,421
areas shall be designated as pollution abatement areas for the 5,422
purposes of this chapter. 5,423
The chief shall not grant an authorization under division 5,425
(E)(7) of this section to conduct coal mining and reclamation 5,426
124
operations on any such previously mined areas unless the 5,427
applicant demonstrates to the chief's satisfaction that all of 5,428
the following conditions are met: 5,429
(a) The applicant's pollution abatement plan for mining 5,431
and reclaiming the previously mined areas represents the best 5,432
available technology economically achievable; 5,433
(b) Implementation of the plan will potentially reduce 5,435
pollutant loadings of pH, iron, and manganese resulting from 5,436
discharges of surface waters or ground water from or on the 5,437
previously mined areas within the permit area; 5,438
(c) Implementation of the plan will not cause any 5,440
additional degradation of surface water quality off the permit 5,441
area with respect to pH, iron, and manganese; 5,442
(d) Implementation of the plan will not cause any 5,444
additional degradation of ground water; 5,445
(e) The plan meets the requirements governing mining and 5,447
reclamation of such previously mined pollution abatement areas 5,448
established by the chief in rules adopted under section 1513.02 5,449
of the Revised Code; 5,450
(f) Neither the applicant; any partner, if the applicant 5,452
is a partnership; any officer, principal shareholder, or 5,453
director, if the applicant is a corporation; any other person who 5,454
has a right to control or in fact controls the management of the 5,455
applicant or the selection of officers, directors, or managers of 5,456
the applicant; nor any contractor or subcontractor of the 5,457
applicant, has any of the following: 5,458
(i) Responsibility or liability under this chapter or 5,460
rules adopted under it as an operator for treating the discharges 5,461
of water pollutants from or on the previously mined areas for 5,462
which the authorization is sought; 5,463
(ii) Any responsibility or liability under this chapter or 5,465
rules adopted under it for reclaiming the previously mined areas 5,466
for which the authorization is sought; 5,467
(iii) During the eighteen months prior to submitting the 5,469
125
permit application requesting an authorization under division 5,470
(E)(7) of this section, had a coal mining and reclamation permit 5,471
suspended or revoked under division (D)(3) of section 1513.02 of 5,472
the Revised Code for violating this chapter or Chapter 6111. of 5,473
the Revised Code or rules adopted under them with respect to 5,474
water quality, effluent limitations, or surface or ground water 5,475
monitoring; 5,476
(iv) Ever forfeited a coal or surface mining bond or 5,478
security deposited in lieu of a bond in this or any other state 5,479
or with the United States. 5,480
(F)(1) During the term of the permit, the permittee may 5,482
submit an application for a revision of the permit, together with 5,483
a revised reclamation plan, to the chief. 5,484
(2) An application for a revision of a permit shall not be 5,486
approved unless the chief finds that reclamation required by this 5,487
chapter can be accomplished under the revised reclamation plan. 5,488
The revision shall be approved or disapproved within ninety days 5,489
after receipt of a complete revision application. The chief 5,490
shall establish, by rule, criteria for determining the extent to 5,491
which all permit application information requirements and 5,492
procedures, including notice and hearings, shall apply to the 5,493
revision request, except that any revisions that propose 5,494
significant alterations in the reclamation plan, at a minimum, 5,496
shall be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit 5,498
except incidental boundary revisions shall be made by application 5,499
for a permit. 5,500
(G) No transfer, assignment, or sale of the rights granted 5,502
under a permit issued pursuant to this chapter shall be made 5,503
without the written approval of the chief. 5,504
(H) The chief, within a time limit prescribed in the 5,506
chief's rules, shall review outstanding permits and may require 5,508
reasonable revision or modification of a permit. A revision or 5,509
modification shall be based upon a written finding and subject to 5,510
126
notice and hearing requirements established by rule of the chief. 5,511
(I)(1) If an informal conference has been held pursuant to 5,513
section 1513.071 of the Revised Code, the chief shall issue and 5,514
furnish the applicant for a permit, persons who participated in 5,515
the informal conference, and persons who filed written objections 5,516
pursuant to division (B) of section 1513.071 of the Revised Code, 5,517
with the written finding of the chief granting or denying the 5,518
permit in whole or in part and stating the reasons therefor 5,519
within sixty days of the conference. 5,520
(2) If there has been no informal conference held pursuant 5,522
to section 1513.071 of the Revised Code, the chief shall notify 5,523
the applicant for a permit within a reasonable time as provided 5,524
by rule of the chief, taking into account the time needed for 5,525
proper investigation of the site, the complexity of the permit 5,526
application, whether or not a written objection to the 5,527
application has been filed, and whether the application has been 5,528
approved or disapproved in whole or in part. 5,529
(3) If the application is approved, the permit shall be 5,531
issued. If the application is disapproved, specific reasons 5,532
therefor shall be set forth in the notification. Within thirty 5,533
days after the applicant is notified of the final decision of the 5,534
chief on the permit application, the applicant or any person with 5,535
an interest that is or may be adversely affected may appeal the 5,536
decision to the reclamation commission pursuant to section 5,538
1513.13 of the Revised Code. 5,539
(4) Any applicant or any person with an interest that is 5,541
or may be adversely affected who has participated in the 5,542
administrative proceedings as an objector and is aggrieved by the 5,543
decision of the reclamation commission, or if the commission 5,545
fails to act within the time limits specified in this chapter, 5,546
may appeal in accordance with section 1513.14 of the Revised 5,547
Code.
Sec. 1513.072. (A) Coal exploration operations that 5,556
substantially disturb the natural land surface shall be conducted 5,557
127
in accordance with exploration rules adopted by the chief of the 5,558
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 5,559
The rules shall include, at a minimum: 5,560
(1) The requirement that prior to conducting any 5,562
exploration under this section, any person shall file with the 5,563
chief notice of intention to explore, which shall include a 5,564
description of the exploration area and period of proposed 5,565
exploration; 5,566
(2) Provisions for reclamation in accordance with the 5,568
performance standards in section 1513.16 of the Revised Code of 5,569
all lands disturbed in exploration, including excavations, roads, 5,570
drill holes, and the removal of necessary facilities and 5,571
equipment. 5,572
(B) Information submitted to the chief pursuant to this 5,574
section as confidential concerning trade secrets or privileged 5,575
commercial or financial information that relates to the 5,576
competitive rights of the person or entity intending to explore 5,577
the described area shall not be available for public examination. 5,578
(C) A person who conducts any coal exploration activities 5,580
that substantially disturb the natural land surface in violation 5,581
of this section or rules issued ADOPTED pursuant thereto is 5,582
subject to division (F)(E) of section 1513.02 of the Revised 5,584
Code.
(D) No person shall remove more than two hundred fifty 5,586
tons of coal pursuant to an exploration permit without the 5,587
specific written approval of the chief. 5,588
Sec. 1513.073. (A)(1) Upon petition pursuant to division 5,597
(B) of this section, the chief of the division of mines and 5,598
reclamation MINERAL RESOURCES MANAGEMENT shall designate an area 5,600
as unsuitable for all or certain types of coal mining operations 5,601
if the chief determines that reclamation pursuant to the 5,602
requirements of this chapter is not technologically and 5,603
economically feasible.
(2) Upon petition pursuant to division (B) of this 5,605
128
section, a surface area may be designated unsuitable for all or 5,606
certain types of coal mining operations if the operations will: 5,607
(a) Be incompatible with existing state or local land use 5,609
plans or programs; 5,610
(b) Affect fragile or historic lands in which the 5,612
operations could result in significant damage to important 5,613
historic, cultural, scientific, and esthetic values and natural 5,614
systems; 5,615
(c) Affect renewable resource lands in which the 5,617
operations could result in a substantial loss or reduction of 5,618
long-range productivity of water supply or of food or fiber 5,619
products, or aquifers and aquifer recharge areas; 5,620
(d) Affect natural hazard lands in which the operations 5,622
could substantially endanger life and property, such lands to 5,623
include areas subject to frequent flooding and areas of unstable 5,624
geology. 5,625
(3) The chief shall develop the following: 5,627
(a) A data base and an inventory system that will permit 5,629
proper evaluation of the capacity of different land areas of the 5,630
state to support and permit reclamation of coal mining 5,631
operations; 5,632
(b) A method or methods for implementing land use planning 5,634
decisions concerning coal mining operations; 5,635
(c) Procedures for proper notice and opportunities for 5,637
public participation, including a public meeting prior to making 5,638
any designation or redesignation, pursuant to this section. 5,639
(4) Determinations of the unsuitablity of land for coal 5,641
mining, as provided for in this section, shall be integrated as 5,642
closely as possible with present and future land use planning and 5,643
regulation processes at the federal, state, and local levels. 5,644
(5) The requirements of this section shall DO not apply to 5,646
lands on which coal mining operations were being conducted on 5,647
August 3, 1977, or under a permit issued pursuant to Chapter 5,648
1513. of the Revised Code THIS CHAPTER, or where substantial 5,649
129
legal and financial commitments in the operation were in 5,650
existence prior to January 4, 1977. 5,651
(B) A person having an interest that is or may be 5,653
adversely affected may petition the chief to have an area 5,654
designated as unsuitable for coal mining operations or to have 5,655
such a designation terminated. The petition shall contain 5,656
allegations of facts with supporting evidence that would tend to 5,657
establish the allegations. The chief shall hold a public meeting 5,658
in the locality of the affected area, after appropriate notice 5,659
and publication of the date, time, and location of the meeting 5,660
within ninety days after receipt of the petition, provided THAT 5,661
the chief may extend the time for holding the meeting an 5,662
additional two hundred ten days when, in his THE CHIEF'S 5,663
judgment, such additional time is needed for adequate review of 5,665
the petition. Any person may appear at the meeting and present a 5,666
statement or evidence regarding the petition. Within sixty days 5,667
after the meeting, the chief shall issue and furnish to the 5,668
petitioner and any other participant at the meeting a written 5,669
decision regarding the petition, and the reasons therefor. 5,670
(C) Prior to designating any land areas as unsuitable for 5,672
coal mining operations or terminating previous determinations of 5,673
unsuitability, the chief shall prepare a detailed statement on: 5,674
(1) The potential coal resources of the area; 5,676
(2) The demand for coal resources; 5,678
(3) The impact of the designation on the environment, the 5,680
economy, and the supply of coal. 5,681
(D) After August 3, 1977, and subject to valid existing 5,683
rights, no coal mining operations except those that existed on 5,684
August 3, 1977, shall be permitted: 5,685
(1) On any lands within the boundaries of units of the 5,687
national park system, the national wildlife refuge systems, the 5,688
national system of trails, the national wilderness preservation 5,689
system, the wild and scenic rivers system, including study rivers 5,690
designated under section 5(a) of the "Wild and Scenic Rivers 5,691
130
Act," 82 Stat. 906 (1968), 16 U.S.C.A. 1274, and national 5,692
recreation areas designated by act of congress; 5,693
(2) On any federal lands within the boundaries of any 5,695
national forest unless approval is granted by the secretary of 5,696
the United States department of the interior; 5,697
(3) That will adversely affect any publicly owned park or 5,699
any places included in the national register of historic sites 5,700
unless approved jointly by the chief and the federal, state, or 5,701
local agency with jurisdiction over the park or the historic 5,702
site; 5,703
(4) Within one hundred feet of the outside right-of-way 5,705
line of any public road, except where mine access roads or 5,706
haulage roads join such right-of-way line and except that the 5,707
chief may permit the roads to be relocated or the area affected 5,708
to lie within one hundred feet of such road if after public 5,709
notice and opportunity for public meeting in the locality of the 5,710
affected area a written finding is made that the interests of the 5,711
public and the landowners affected thereby will be protected; 5,712
(5) Within three hundred feet from any occupied dwelling, 5,714
unless waived by the owner thereof, nor within three hundred feet 5,715
of any public building, school, church, community, or 5,716
institutional building, OR public park, nor within one hundred 5,717
feet of a cemetery. 5,718
Sec. 1513.08. (A) After a coal mining and reclamation 5,727
permit application has been approved, but before the permit is 5,728
issued, the applicant shall file with the chief of the division 5,730
of mines and reclamation MINERAL RESOURCES MANAGEMENT, on a form 5,731
prescribed and furnished by the chief, a bond for performance 5,733
payable, as appropriate, to the state and conditioned upon 5,734
faithful performance of all the requirements of this chapter and 5,735
the permit. The bond shall be in the amount of twenty-five 5,736
hundred dollars times the number of acres of land upon which the 5,737
operator states in his THE application for a permit he THE 5,738
OPERATOR will initiate and conduct coal mining and reclamation 5,739
131
operations within the initial term of the permit. The minimum
amount of a bond shall be ten thousand dollars. The bond shall 5,740
cover areas of land affected by mining within or immediately 5,741
adjacent to the permitted area, so long as the total number of 5,742
acres does not exceed the number of acres bonded. However, the 5,743
authority for bond to cover areas of land immediately adjacent to 5,744
the permitted area does not authorize a permittee to mine areas 5,745
outside an approved permit area. As succeeding increments of 5,746
coal mining and reclamation operations are to be initiated and 5,747
conducted within the permit area, the permittee shall file with 5,748
the chief an additional bond or bonds to cover the increments in 5,749
accordance with this section. In the event of forfeiture of a 5,750
bond, if the bond is insufficient to complete the reclamation, 5,751
the chief shall complete the reclamation in accordance with 5,752
section 1513.18 of the Revised Code using funds from the 5,753
reclamation supplemental forfeiture fund created in that section. 5,754
(B) Liability under the bond shall be for the duration of 5,756
the coal mining and reclamation operation and for a period 5,757
coincident with the operator's responsibility for revegetation 5,758
requirements under section 1513.16 of the Revised Code. The bond 5,759
shall be executed by the operator and a corporate surety licensed 5,760
to do business in this state, except that the operator may elect 5,761
to deposit cash, negotiable bonds of the United States or this 5,763
state, or negotiable certificates of deposit of any bank or 5,764
savings and loan association organized or transacting business in 5,765
the United States. The cash deposit or market value of the 5,766
securities shall be equal to or greater than the amount of the 5,767
bond required for the bonded area.
(C) The chief may accept the bond of the applicant itself 5,769
without separate surety when the applicant demonstrates to the 5,770
satisfaction of the chief the existence of a suitable agent to 5,771
receive service of process and a history of financial solvency 5,772
and continuous operation sufficient for authorization to 5,773
self-insure or bond the amount. 5,774
132
(D) Cash or securities so deposited shall be deposited 5,776
upon the same terms as the terms upon which surety bonds may be 5,777
deposited. The securities shall be security for the repayment of 5,778
the negotiable certificate of deposit. 5,779
(E) The amount of the bond or deposit required and the 5,781
terms of each acceptance of the applicant's bond shall be 5,782
adjusted by the chief from time to time as affected land acreages 5,783
are increased or decreased. 5,784
Sec. 1513.09. (A) The chief of the division of mines and 5,793
reclamation MINERAL RESOURCES MANAGEMENT shall cause to be made 5,794
such inspections of any coal mining and reclamation operations as 5,796
he THE CHIEF considers necessary. The chief and his authorized 5,797
representatives shall OF THE CHIEF have a right of entry to, 5,798
upon, or through any area of land upon which coal mining and 5,800
reclamation operations are being conducted or upon which the 5,801
chief or his authorized representative has reason to believe such 5,802
operations are being conducted for the purpose of performing such 5,803
inspections.
(B) For the purpose of administration and enforcement of 5,805
any requirement of this chapter or in the administration and 5,806
enforcement of any permit under this chapter or of determining 5,807
whether any person is in violation of any requirement of this 5,808
chapter: 5,809
(1) The chief shall require any permittee or operator to: 5,811
(a) Establish and maintain appropriate records; 5,813
(b) Make monthly reports to the chief; 5,815
(c) Install, use, and maintain any necessary monitoring 5,817
equipment or methods; 5,818
(d) Evaluate results in accordance with such methods, at 5,820
such locations, intervals, and in such manner as the chief shall 5,821
prescribe; 5,822
(e) Provide such other information relative to coal mining 5,824
and reclamation operations as the chief considers reasonable and 5,825
necessary. 5,826
133
(2) For those coal mining and reclamation operations that 5,828
remove or disturb strata that serve as aquifers that 5,829
significantly ensure the hydrologic balance of water use either 5,830
on or off the mining site, the chief shall specify those: 5,831
(a) Monitoring sites to record the quantity and quality of 5,833
surface drainage above and below the minesite, as well as in the 5,834
potential zone of influence; 5,835
(b) Monitoring sites to record level, amount, and samples 5,837
of ground water and aquifers potentially affected by the mining, 5,838
including aquifers directly below the lower-most, deepest, coal 5,839
seam to be mined; 5,840
(c) Records of well logs and borehole data to be 5,842
maintained; 5,843
(d) Monitoring sites to record precipitation. 5,845
The monitoring and data collection and analysis required by 5,847
this section shall be conducted according to standards and 5,848
procedures set forth, by rule, by the chief in order to assure 5,849
their reliability and validity. 5,850
(3) The authorized representatives of the chief, without 5,852
advance notice and upon presentation of appropriate credentials: 5,853
(a) May enter into, upon, or through any coal mining and 5,855
reclamation operations, any premises upon which the authorized 5,856
representatives have a reasonable belief that such operations are 5,857
being conducted, or any premises in which any records required to 5,858
be maintained under division (B)(1) of this section are located; 5,859
(b) May, during office hours, have access to and copy any 5,861
records and at reasonable times, without delay, any monitoring 5,862
equipment or method of operation required under this chapter. 5,863
(C) The inspections by the chief or his AN authorized 5,865
representative OF THE CHIEF shall: 5,866
(1) Occur on an irregular basis averaging not less than 5,868
one partial inspection per month and one complete inspection per 5,869
calendar quarter for the coal mining and reclamation operation 5,870
covered by each permit; 5,871
134
(2) Occur without prior notice to the permittee or his THE 5,873
PERMITTEE'S agents or employees, except for necessary onsite 5,874
meetings with the permittee; 5,875
(3) Include the filing of inspection records adequate to 5,877
enforce the requirements of and to carry out the terms and 5,878
purposes of this chapter. 5,879
(D) Each permittee shall conspicuously maintain at the 5,881
entrances to the coal mining and reclamation operations a clearly 5,882
visible sign that sets forth the name, business address, and 5,883
phone number of the permittee and the permit number of the coal 5,884
mining and reclamation operations. 5,885
(E) Each inspection officer MINERAL RESOURCES INSPECTOR, 5,887
upon detection of each violation of any requirement of Chapter 5,889
1513. of the Revised Code THIS CHAPTER, shall immediately inform 5,891
the operator in writing and shall report in writing any such 5,892
violation to the chief.
(F) Copies of any records, reports, inspection material, 5,894
or information obtained under this chapter by the chief shall be 5,895
made available immediately to the public at central and 5,896
sufficient locations in the county, multi-county, and state area 5,897
of mining so that they are conveniently available to residents in 5,898
the areas of mining. 5,899
(G)(1) A person who is or may be adversely affected by a 5,901
coal mining operation may notify the chief or any representative 5,902
of the chief responsible for conducting the inspection, in 5,903
writing, of any violation of this chapter that he THE PERSON has 5,904
reason to believe exists at the mining site. The chief shall, by 5,905
rule, establish procedures for informal review of any refusal by 5,906
his AN authorized representative to issue a notice of violation 5,907
or order with respect to any such alleged violation. The chief 5,908
shall furnish the persons requesting the review a written 5,909
statement of the reasons for the chief's final disposition of the 5,910
matter.
(2) The chief shall also, by rule, establish procedures to 5,912
135
ensure that adequate and complete inspections are made. Any 5,913
person who is aggrieved or adversely affected may notify the 5,914
chief of any failure to make such inspections, after which the 5,915
chief shall determine whether adequate and complete inspections 5,916
have been made. The chief shall furnish such persons a written 5,917
statement of the reasons for the chief's determination that 5,918
adequate and complete inspections have or have not been 5,919
conducted. 5,920
Sec. 1513.11. Every order of the chief of the division of 5,929
mines and reclamation MINERAL RESOURCES MANAGEMENT or his AN 5,930
authorized representative OF THE CHIEF affecting the rights, 5,932
duties, or privileges of an operator or his THE OPERATOR'S surety 5,934
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. 5,935
Notice of the order shall be given by certified mail or personal 5,936
service to the person whose rights, duties, or privileges are 5,937
affected.
Sec. 1513.13. (A)(1) A person having an interest that is 5,946
or may be adversely affected by a finding or determination of the 5,948
chief of the division of mines and reclamation MINERAL RESOURCES 5,950
MANAGEMENT made under section 1509.08, 1561.35, 1561.351, 5,951
1563.13, or 6111.044 of the Revised Code or an investigation made 5,954
by the chief under section 1561.51 of the Revised Code may appeal 5,957
to the mine examining board in accordance with those sections. 5,958
Any other person having an interest that is or may be adversely 5,961
affected by a notice of violation, order, or decision of the 5,962
chief, other than a show cause order or an order that adopts a 5,964
rule, or by any modification, vacation, or termination of such a 5,965
notice, order, or decision, may appeal by filing a notice of 5,966
appeal with the reclamation commission for review of the notice, 5,967
order, or decision within thirty days after the notice, order, or 5,969
decision is served upon the person or within thirty days after 5,970
its modification, vacation, or termination and by filing a copy 5,971
of the notice of appeal with the chief within three days after 5,972
136
filing the notice of appeal with the commission. The notice of 5,974
appeal shall contain a copy of the notice of violation, order, or 5,975
decision complained of and the grounds upon which the appeal is 5,976
based. The commission has exclusive original jurisdiction to 5,978
hear and decide such appeals. The filing of a notice of appeal 5,979
under division (A)(1) of this section does not operate as a stay 5,980
of any order, notice of violation, or decision of the chief. 5,982
(2) The permittee, the chief, and other interested persons 5,984
shall be given written notice of the time and place of the 5,985
hearing at least five days prior thereto. The hearing shall be 5,986
of record. 5,987
(3) Any person authorized under this section to appeal to 5,989
the commission may request an informal review by the chief or the 5,991
chief's designee by filing a written request with the chief 5,992
within thirty days after a notice, order, decision, modification, 5,993
vacation, or termination is served upon the person. Filing of 5,994
the written request shall toll the time for appeal before the 5,995
commission, but shall not operate as a stay of any order, notice 5,997
of violation, or decision of the chief. The chief's
determination of an informal review is appealable to the 5,998
commission under this section. 5,999
(B) The commission shall affirm the notice of violation, 6,001
order, or decision of the chief unless the commission determines 6,003
that it is arbitrary, capricious, or otherwise inconsistent with 6,004
law; in that case the commission may modify the notice of 6,005
violation, order, or decision or vacate it and remand it to the 6,007
chief for further proceedings that the commission may direct. 6,009
The commission shall conduct hearings and render decisions 6,011
in a timely fashion, except that all of the following apply: 6,012
(1) When the appeal concerns an order for the cessation of 6,014
coal mining and reclamation operations issued pursuant to 6,015
division (D)(1) or (2) of section 1513.02 of the Revised Code, 6,016
the commission shall issue its written decision within thirty 6,018
days after the receipt of the appeal unless temporary relief has 6,019
137
been granted by the chairperson pursuant to division (C) of this 6,021
section;.
(2) When the appeal concerns an application for a permit 6,023
under division (I) of section 1513.07 of the Revised Code, the 6,024
commission shall hold a hearing within thirty days after receipt 6,026
of the notice of appeal and issue its decision within thirty days 6,027
after the hearing;. 6,028
(3) When the appeal concerns a decision of the chief 6,030
regarding release of bond under division (F) of section 1513.16 6,031
of the Revised Code, the commission shall hold a hearing within 6,033
thirty days after receipt of the notice of appeal and issue its 6,034
decision within sixty days after the hearing. 6,035
(C) The chairperson of the commission, under conditions 6,038
the chairperson prescribes, may grant temporary relief the 6,040
chairperson considers appropriate pending final determination of 6,041
an appeal if all of the following conditions are met: 6,042
(1) All parties to the appeal have been notified and given 6,044
an opportunity for a hearing to be held in the locality of the 6,045
subject site on the request for temporary relief and the 6,046
opportunity to be heard on the request;. 6,047
(2) The person requesting relief shows that there is a 6,049
substantial likelihood that the person will prevail on the 6,051
merits;.
(3) The relief will not adversely affect public health or 6,053
safety or cause significant imminent environmental harm to land, 6,054
air, or water resources. 6,055
The chairperson shall issue a decision expeditiously, 6,057
except that when the applicant requests relief from an order for 6,058
the cessation of coal mining and reclamation operations issued 6,059
pursuant to division (D)(1) or (2) of section 1513.02 of the 6,060
Revised Code, the decision shall be issued within five days after 6,061
its receipt. 6,062
Any party to an appeal filed with the commission who is 6,064
aggrieved or adversely affected by a decision of the chairperson 6,066
138
to grant or deny temporary relief under this section may appeal 6,067
that decision to the commission. The commission may confine its 6,069
review to the record developed at the hearing before the 6,070
chairperson.
The appeal shall be filed with the commission within thirty 6,073
days after the chairperson issues the decision on the request for 6,075
temporary relief. The commission shall issue a decision as 6,077
expeditiously as possible, except that when the appellant 6,078
requests relief from an order for the cessation of coal mining 6,079
and reclamation operations issued pursuant to division (D)(1) or 6,080
(2) of section 1513.02 of the Revised Code, the decision of the 6,081
commission shall be issued within five days after receipt of the 6,083
notice of appeal.
The commission shall affirm the decision of the chairperson 6,086
granting or denying temporary relief unless it determines that 6,087
the decision is arbitrary, capricious, or otherwise inconsistent 6,088
with law. 6,089
(D) Following the issuance of an order to show cause as to 6,091
why a permit should not be suspended or revoked pursuant to 6,092
division (D)(3) of section 1513.02 of the Revised Code, the chief 6,093
or a representative of the chief shall hold a public adjudicatory 6,095
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record. 6,096
Within sixty days following the public hearing, the chief 6,098
shall issue and furnish to the permittee and all other parties to 6,099
the hearing a written decision, and the reasons therefor, 6,100
concerning suspension or revocation of the permit. If the chief 6,101
revokes the permit, the permittee immediately shall cease coal 6,102
mining operations on the permit area and shall complete 6,103
reclamation within a period specified by the chief, or the chief 6,104
shall declare as forfeited the performance bonds for the 6,105
operation. 6,106
(E)(1) Whenever an enforcement order or permit decision is 6,108
appealed under this section or any action is filed under division 6,109
139
(B) of section 1513.15 or 1513.39 of the Revised Code, at the 6,110
request of a prevailing party, a sum equal to the aggregate 6,112
amount of all costs and expenses, including attorney's fees, as 6,113
determined to have been necessary and reasonably incurred by the 6,114
prevailing party for or in connection with participation in the 6,115
enforcement proceedings before the commission, the court under 6,116
section 1513.15 of the Revised Code, or the chief under section 6,118
1513.39 of the Revised Code, may be awarded, as considered 6,119
proper, in accordance with divisions (E)(1)(a) to (c) of this 6,120
section. In no event shall attorney's fees awarded under this 6,121
section exceed, for the kind and quality of services, the 6,122
prevailing market rates at the time the services were furnished 6,123
under division (A) of this section. A party may be entitled to 6,124
costs and expenses related solely to the preparation, defense, 6,125
and appeal of a petition for costs and expenses, provided THAT 6,126
the costs and expenses are limited and proportionate to costs and 6,127
expenses otherwise allowed under division (E) of this section. 6,128
(a) A party, other than the permittee or the division of 6,130
mines and reclamation MINERAL RESOURCES MANAGEMENT, shall file a 6,131
petition, if any, for an award of costs and expenses, including 6,133
attorney's fees, with the chief, who shall review the petition. 6,134
If the chief finds that the party, other than the permittee or 6,135
the division, prevailed in whole or in part, made a substantial 6,137
contribution to a full and fair determination of the issues, and 6,138
made a contribution separate and distinct from the contribution 6,139
made by any other party, the chief may award to that party the 6,140
party's costs and expenses, including attorney's fees that were 6,141
necessary and reasonably incurred by the party for, or in 6,142
connection with, participation in the proceeding before the 6,143
commission.
(b) If a permittee who made a request under division 6,145
(E)(1) of this section demonstrates that a party other than a 6,146
permittee who initiated an appeal under this section or 6,148
participated in such an appeal initiated or participated in the 6,149
140
appeal in bad faith and for the purpose of harassing or 6,150
embarrassing the permittee, the permittee may file a petition 6,151
with the chief. The chief may award to the permittee the costs 6,152
and expenses reasonably incurred by the permittee in connection 6,153
with participation in the appeal and assess those costs and 6,154
expenses against the party who initiated the appeal.
(c) The division may file, with the commission, a request 6,157
for an award to the division of the costs and expenses reasonably 6,159
incurred by the division in connection with an appeal initiated 6,160
under this section. The commission may assess those costs and 6,162
expenses against the party who initiated the appeal if the 6,163
division demonstrates that the party initiated or participated in 6,164
the appeal in bad faith and for the purpose of harassing or 6,165
embarrassing the division.
(2) Whenever an order issued under this section or as a 6,167
result of any administrative proceeding under this chapter is the 6,168
subject of judicial review, at the request of any party, a sum 6,169
equal to the aggregate amount of all costs and expenses, 6,170
including attorney's fees, as determined by the court to have 6,172
been necessary and reasonably incurred by the party for or in 6,173
connection with participation in the proceedings, may be awarded 6,174
to either party, in accordance with division (E)(1) of this 6,175
section, as the court, on the basis of judicial review, considers 6,176
proper.
Sec. 1513.15. (A) In addition to any other remedy under 6,185
Chapter 1513. of the Revised Code THIS CHAPTER, the chief of the 6,186
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 6,188
may request the attorney general to institute a civil action for 6,190
relief, including a permanent or temporary injunction,
restraining order, or any other appropriate order in the court of 6,191
common pleas of the county wherein a violation of this chapter is 6,192
occurring or has occurred whenever a person: 6,193
(1) Violates or fails or refuses to comply with any order 6,195
or decision issued by the chief under Chapter 1513. of the 6,196
141
Revised Code THIS CHAPTER; 6,197
(2) Interferes with, hinders, or delays the chief or his 6,199
authorized representatives OF THE CHIEF in carrying out Chapter 6,200
1513. of the Revised Code THIS CHAPTER; 6,201
(3) Refuses to admit an authorized representative to the 6,203
mine; 6,204
(4) Refuses to permit inspection of the mine by an 6,206
authorized representative; 6,207
(5) Refuses to furnish any information or report requested 6,209
by the chief in furtherance of Chapter 1513. of the Revised Code 6,210
THIS CHAPTER; 6,211
(6) Refuses to permit access to, and copying of, such 6,213
records as the chief determines necessary in carrying out Chapter 6,214
1513. of the Revised Code THIS CHAPTER. 6,215
The court shall issue an injunction upon demonstration that 6,217
a violation of this chapter is occurring or has occurred. 6,218
(B) Except as provided in division (D) of this section, 6,220
any person having an interest which THAT is or may be adversely 6,221
affected may commence a civil action on his THE PERSON'S own 6,222
behalf to compel compliance with Chapter 1513. of the Revised 6,223
Code THIS CHAPTER against any of the following: 6,224
(1) The division of mines and reclamation MINERAL 6,226
RESOURCES MANAGEMENT where the division is alleged to be in 6,228
violation of Chapter 1513. of the Revised Code THIS CHAPTER or of 6,230
any rule, order, or permit ADOPTED OR issued pursuant thereto, or
against any other person who is alleged to be in violation of any 6,231
rule, order, or permit ADOPTED OR issued pursuant to Chapter 6,232
1513. of the Revised Code THIS CHAPTER; 6,233
(2) The chief of the division of mines and reclamation 6,235
where there is alleged a failure of the chief to perform any act 6,236
or duty under Chapter 1513. of the Revised Code which THIS 6,237
CHAPTER THAT is not discretionary with the chief. 6,239
(C) No action may be commenced under division (B)(1) of 6,241
this section in either of the following situations: 6,242
142
(1) Prior to sixty days after the plaintiff has given 6,244
notice in writing of the violation to the chief and any alleged 6,245
violator; 6,246
(2) If the chief has commenced and is diligently 6,248
prosecuting a civil action in the appropriate court to require 6,249
compliance with Chapter 1513. of the Revised Code THIS CHAPTER or 6,251
of any rule, order, or permit ADOPTED OR issued pursuant thereto, 6,252
but in any such action any person may intervene as a matter of 6,254
right.
(D) No action may be commenced under division (B)(2) of 6,256
this section prior to sixty days after the plaintiff has given 6,257
notice in writing of such action to the chief in such manner as 6,258
the chief shall, by rule, prescribe, except that such action may 6,259
be brought immediately after such notification in the case where 6,260
the violation or order complained of constitutes an imminent 6,261
threat to the health or safety of the plaintiff or would 6,262
immediately affect a legal interest of the plaintiff. 6,263
(E) Any action respecting a violation of Chapter 1513. of 6,265
the Revised Code THIS CHAPTER or rules adopted thereunder may be 6,266
brought only in the court of common pleas of the county in which 6,268
the coal mining operation complained of is located. 6,269
(F) The court, in issuing any final order in any action 6,271
brought pursuant to division (B) of this section, may award to 6,272
any party costs of litigation, including attorney's and expert 6,273
witness fees that the court determines to have been necessary and 6,274
reasonably incurred, in accordance with division (E)(2) of 6,275
section 1513.13 of the Revised Code, and whenever the court 6,276
determines such an award is appropriate. 6,277
(G) Nothing in this section shall restrict any right which 6,279
THAT any person or class of persons may have under law to seek 6,280
enforcement of any of the provisions of Chapter 1513. of the 6,281
Revised Code THIS CHAPTER and the rules adopted thereunder, or to 6,282
seek any other relief, including relief against the chief. 6,284
(H) Any person who is injured in his person or property 6,286
143
through the violation by any operator of any rule, requirement, 6,287
order, or permit ADOPTED OR issued pursuant to Chapter 1513. of 6,289
the Revised Code THIS CHAPTER may bring an action for damages, 6,290
including reasonable attorney's and expert witness fees, in the 6,292
court of common pleas of Franklin county or in the court of 6,293
common pleas of the county in which the coal mining operation 6,294
complained of is located. Nothing in this division shall affect 6,295
the rights established by or limits imposed under worker's 6,296
compensation laws.
In any action under division (B), (C), (D), (E), (F), (G), 6,298
or (H) of this section, the secretary of the United States 6,299
department of the interior or the chief, if not a party, may 6,300
intervene as a matter of right. 6,301
(I) An owner of real property who obtains all or part of 6,303
his A supply of water for domestic, industrial, agricultural, or 6,304
other legitimate use from an underground source other than a 6,305
subterranean stream having a permanent, distinct, and known 6,306
channel, may maintain an action against an operator to recover 6,307
damages for contamination, diminution, or interruption of such 6,308
water supply, proximately resulting from coal mining. 6,309
A servient tract of land is not bound to receive surface 6,311
water contaminated by coal mining on a dominant tract of land, 6,312
and the owner of the servient tract may maintain an action 6,313
against an operator to recover damages proximately resulting from 6,314
the natural drainage from the dominant tract of surface waters 6,315
contaminated by coal mining on the dominant tract. 6,316
This division shall not be construed as creating, 6,318
modifying, or affecting any right, liability, or remedy other 6,319
than as expressly provided herein, nor shall such division be 6,320
construed as creating, modifying, or affecting any right, 6,321
liability, or remedy of surface riparian owners. 6,322
(J) In addition to any municipal or county prosecuting 6,324
authority, the attorney general upon the request of the chief, 6,325
may prosecute any person who violates, or who fails to perform 6,326
144
any duty imposed by, Chapter 1513. of the Revised Code THIS 6,327
CHAPTER, or who violates any order or rule, or condition of a 6,329
permit or license issued by the chief. 6,330
(K) The civil penalties owed under section 1513.02 of the 6,332
Revised Code may be recovered in a civil action brought by the 6,333
attorney general upon the request of the chief of the division of 6,335
mines and reclamation.
Sec. 1513.16. (A) Any permit issued under this chapter to 6,344
conduct coal mining operations shall require that the operations 6,345
meet all applicable performance standards of this chapter and 6,346
such other requirements as the chief of the division of mines and 6,347
reclamation MINERAL RESOURCES MANAGEMENT shall adopt by rule. 6,349
General performance standards shall apply to all coal mining and 6,350
reclamation operations and shall require the operator at a 6,351
minimum to do all of the following: 6,352
(1) Conduct coal mining operations so as to maximize the 6,354
utilization and conservation of the solid fuel resource being 6,355
recovered so that reaffecting the land in the future through coal 6,356
mining can be minimized; 6,357
(2) Restore the land affected to a condition capable of 6,359
supporting the uses that it was capable of supporting prior to 6,360
any mining, or higher or better uses of which there is reasonable 6,361
likelihood, so long as the uses do not present any actual or 6,362
probable hazard to public health or safety or pose any actual or 6,363
probable threat of diminution or pollution of the waters of the 6,364
state, and the permit applicants' declared proposed land uses 6,365
following reclamation are not considered to be impractical or 6,366
unreasonable, to be inconsistent with applicable land use 6,367
policies and plans, to involve unreasonable delay in 6,368
implementation, or to violate federal, state, or local law; 6,369
(3) Except as provided in division (B) of this section, 6,371
with respect to all coal mining operations, backfill, compact 6,372
where advisable to ensure stability or to prevent leaching of 6,373
toxic materials, and grade in order to restore the approximate 6,374
145
original contour of the land with all highwalls, spoil piles, and 6,375
depressions eliminated unless small depressions are needed in 6,376
order to retain moisture to assist revegetation or as otherwise 6,377
authorized pursuant to this chapter, provided that if the 6,378
operator demonstrates that due to volumetric expansion the amount 6,379
of overburden and the spoil and waste materials removed in the 6,380
course of the mining operation are more than sufficient to 6,381
restore the approximate original contour, the operator shall 6,382
backfill, grade, and compact the excess overburden and other 6,383
spoil and waste materials to attain the lowest grade, but not 6,384
more than the angle of repose, and to cover all acid-forming and 6,385
other toxic materials in order to achieve an ecologically sound 6,386
land use compatible with the surrounding region in accordance 6,387
with the approved mining plan. The overburden or spoil shall be 6,388
shaped and graded in such a way as to prevent slides, erosion, 6,389
and water pollution and shall be revegetated in accordance with 6,390
this chapter. 6,391
(4) Stabilize and protect all surface areas, including 6,393
spoil piles affected by the coal mining and reclamation 6,394
operation, to control erosion and attendant air and water 6,395
pollution effectively; 6,396
(5) Remove the topsoil from the land in a separate layer, 6,398
replace it on the backfill area, or, if not utilized immediately, 6,399
segregate it in a separate pile from the spoil, and when the 6,400
topsoil is not replaced on a backfill area within a time short 6,401
enough to avoid deterioration of the topsoil, maintain a 6,402
successful cover by quick-growing plants or other means 6,403
thereafter so that the topsoil is preserved from wind and water 6,404
erosion, remains free of any contamination by acid or other toxic 6,405
material, and is in a usable condition for sustaining vegetation 6,406
when restored during reclamation. If the topsoil is of 6,407
insufficient quantity or of poor quality for sustaining 6,408
vegetation or if other strata can be shown to be more suitable 6,409
for vegetation requirements, the operator shall remove, 6,410
146
segregate, and preserve in a like manner such other strata as are 6,411
best able to support vegetation. 6,412
(6) Restore the topsoil or the best available subsoil that 6,414
is best able to support vegetation; 6,415
(7) For all prime farmlands as identified in division 6,417
(B)(2)(p) of section 1513.07 of the Revised Code to be mined and 6,418
reclaimed, perform soil removal, storage, replacement, and 6,419
reconstruction in accordance with specifications established by 6,421
the secretary of the United States department of agriculture
under the "Surface Mining Control and Reclamation Act of 1977," 6,422
91 Stat. 445, 30 U.S.C.A. 1201. The operator, at a minimum, 6,424
shall be required to do all of the following:
(a) Segregate the A horizon of the natural soil, except 6,426
where it can be shown that other available soil materials will 6,427
create a final soil having a greater productive capacity, and, if 6,428
not utilized immediately, stockpile this material separately from 6,429
the spoil and provide needed protection from wind and water 6,430
erosion or contamination by acid or other toxic material; 6,431
(b) Segregate the B horizon of the natural soil, or 6,433
underlying C horizons or other strata, or a combination of such 6,434
horizons or other strata that are shown to be both texturally and 6,435
chemically suitable for plant growth and that can be shown to be 6,436
equally or more favorable for plant growth than the B horizon, in 6,437
sufficient quantities to create in the regraded final soil a root 6,438
zone of comparable depth and quality to that which existed in the 6,439
natural soil, and, if not utilized immediately, stockpile this 6,440
material separately from the spoil and provide needed protection 6,441
from wind and water erosion or contamination by acid or other 6,442
toxic material; 6,443
(c) Replace and regrade the root zone material described 6,445
in division (A)(7)(b) of this section with proper compaction and 6,446
uniform depth over the regraded spoil material; 6,447
(d) Redistribute and grade in a uniform manner the surface 6,449
soil horizon described in division (A)(7)(a) of this section. 6,450
147
(8) Create, if authorized in the approved mining and 6,452
reclamation plan and permit, permanent impoundments of water on 6,453
mining sites as part of reclamation activities only when it is 6,454
adequately demonstrated by the operator that all of the following 6,455
conditions will be met: 6,456
(a) The size of the impoundment is adequate for its 6,458
intended purposes;. 6,459
(b) The impoundment dam construction will be so designed 6,461
as to achieve necessary stability with an adequate margin of 6,462
safety compatible with that of structures constructed under the 6,463
"Watershed Protection and Flood Prevention Act," 68 Stat. 666 6,464
(1954), 16 U.S.C. 1001, as amended;. 6,465
(c) The quality of impounded water will be suitable on a 6,467
permanent basis for its intended use and that discharges from the 6,468
impoundment will not degrade the water quality below water 6,469
quality standards established pursuant to applicable federal and 6,470
state law in the receiving stream;. 6,471
(d) The level of water will be reasonably stable;. 6,473
(e) Final grading will provide adequate safety and access 6,475
for proposed water users;. 6,476
(f) The water impoundments will not result in the 6,478
diminution of the quality or quantity of water utilized by 6,479
adjacent or surrounding landowners for agricultural, industrial, 6,480
recreational, or domestic uses. 6,481
(9) Conduct any augering operation associated with strip 6,483
mining in a manner to maximize recoverability of mineral reserves 6,484
remaining after the operation and reclamation are complete and 6,485
seal all auger holes with an impervious and noncombustible 6,486
material in order to prevent drainage, except where the chief 6,487
determines that the resulting impoundment of water in such auger 6,488
holes may create a hazard to the environment or the public health 6,489
or safety. The chief may prohibit augering if necessary to 6,490
maximize the utilization, recoverability, or conservation of the 6,491
solid fuel resources or to protect against adverse water quality 6,492
148
impacts. 6,493
(10) Minimize the disturbances to the prevailing 6,495
hydrologic balance at the mine site and in associated offsite 6,496
areas and to the quality and quantity of water in surface and 6,497
ground water systems both during and after coal mining operations 6,498
and during reclamation by doing all of the following: 6,499
(a) Avoiding acid or other toxic mine drainage by such 6,501
measures as, but not limited to: 6,502
(i) Preventing or removing water from contact with toxic 6,504
producing deposits; 6,505
(ii) Treating drainage to reduce toxic content that 6,507
adversely affects downstream water upon being released to water 6,508
courses in accordance with rules adopted by the chief in 6,509
accordance with section 1513.02 of the Revised Code; 6,510
(iii) Casing, sealing, or otherwise managing boreholes, 6,512
shafts, and wells, and keeping acid or other toxic drainage from 6,513
entering ground and surface waters. 6,514
(b)(i) Conducting coal mining operations so as to prevent, 6,516
to the extent possible using the best technology currently 6,517
available, additional contributions of suspended solids to 6,518
streamflow or runoff outside the permit area, but in no event 6,519
shall contributions be in excess of requirements set by 6,520
applicable state or federal laws; 6,521
(ii) Constructing any siltation structures pursuant to 6,523
division (A)(10)(b)(i) of this section prior to commencement of 6,524
coal mining operations. The structures shall be certified by 6,525
persons approved by the chief to be constructed as designed and 6,526
as approved in the reclamation plan. 6,527
(c) Cleaning out and removing temporary or large settling 6,529
ponds or other siltation structures from drainways after 6,530
disturbed areas are revegetated and stabilized, and depositing 6,531
the silt and debris at a site and in a manner approved by the 6,532
chief; 6,533
(d) Restoring recharge capacity of the mined area to 6,535
149
approximate premining conditions; 6,536
(e) Avoiding channel deepening or enlargement in 6,538
operations requiring the discharge of water from mines; 6,539
(f) Such other actions as the chief may prescribe. 6,541
(11) With respect to surface disposal of mine wastes, 6,543
tailings, coal processing wastes, and other wastes in areas other 6,544
than the mine working areas or excavations, stabilize all waste 6,545
piles in designated areas through construction in compacted 6,546
layers, including the use of noncombustible and impervious 6,547
materials if necessary, and ensure that the final contour of the 6,548
waste pile will be compatible with natural surroundings and that 6,549
the site can and will be stabilized and revegetated according to 6,550
this chapter; 6,551
(12) Refrain from coal mining within five hundred feet of 6,553
active and abandoned underground mines in order to prevent 6,554
breakthroughs and to protect the health or safety of miners. The 6,555
chief shall permit an operator to mine near, through, or 6,556
partially through an abandoned underground mine or closer than 6,557
five hundred feet to an active underground mine if all BOTH of 6,558
the following conditions are met: 6,560
(a) The nature, timing, and sequencing of the approximate 6,562
coincidence of specific strip mine activities with specific 6,563
underground mine activities are approved by the chief; 6,564
(b) The operations will result in improved resource 6,566
recovery, abatement of water pollution, or elimination of hazards 6,567
to the health and safety of the public. 6,568
(13) Design, locate, construct, operate, maintain, 6,570
enlarge, modify, and remove or abandon, in accordance with the 6,571
standards and criteria developed pursuant to rules adopted by the 6,572
chief, all existing and new coal mine waste piles consisting of 6,575
mine wastes, tailings, coal processing wastes, or other liquid 6,576
and solid wastes, and used either temporarily or permanently as 6,577
dams or embankments; 6,578
(14) Ensure that all debris, acid-forming materials, toxic 6,580
150
materials, or materials constituting a fire hazard are treated or 6,581
buried and compacted or otherwise disposed of in a manner 6,582
designed to prevent contamination of ground or surface waters and 6,583
that contingency plans are developed to prevent sustained 6,584
combustion; 6,585
(15) Ensure that all reclamation efforts proceed in an 6,587
environmentally sound manner and as contemporaneously as 6,588
practicable with the coal mining operations, except that where 6,589
the applicant proposes to combine strip mining operations with 6,590
underground mining operations to ensure maximum practical 6,591
recovery of the mineral resources, the chief may grant a variance 6,592
for specific areas within the reclamation plan from the 6,593
requirement that reclamation efforts proceed as contemporaneously 6,594
as practicable to permit underground mining operations prior to 6,595
reclamation if: 6,596
(a) The chief finds in writing that: 6,598
(i) The applicant has presented, as part of the permit 6,600
application, specific, feasible plans for the proposed 6,601
underground mining operations;. 6,602
(ii) The proposed underground mining operations are 6,604
necessary or desirable to ensure maximum practical recovery of 6,605
the mineral resource and will avoid multiple disturbance of the 6,606
surface;. 6,607
(iii) The applicant has satisfactorily demonstrated that 6,609
the plan for the underground mining operations conforms to 6,610
requirements for underground mining in this state and that 6,611
permits necessary for the underground mining operations have been 6,612
issued by the appropriate authority;. 6,613
(iv) The areas proposed for the variance have been shown 6,615
by the applicant to be necessary for the implementing of the 6,616
proposed underground mining operations;. 6,617
(v) No substantial adverse environmental damage, either 6,619
on-site or off-site, will result from the delay in completion of 6,620
reclamation as required by this chapter;. 6,621
151
(vi) Provisions for the off-site storage of spoil will 6,623
comply with division (A)(21) of this section. 6,624
(b) The chief has adopted specific rules to govern the 6,626
granting of such variances in accordance with this division and 6,627
has imposed such additional requirements as the chief considers 6,629
necessary;.
(c) Variances granted under this division shall be 6,631
reviewed by the chief not more than three years from the date of 6,632
issuance of the permit;. 6,633
(d) Liability under the bond filed by the applicant with 6,635
the chief pursuant to section 1513.08 of the Revised Code shall 6,636
be for the duration of the underground mining operations and 6,637
until the requirements of this section and section 1513.08 of the 6,638
Revised Code have been fully complied with. 6,639
(16) Ensure that the construction, maintenance, and 6,641
postmining conditions of access roads into and across the site of 6,642
operations will control or prevent erosion and siltation, 6,643
pollution of water, and damage to fish or wildlife or their 6,644
habitat, or to public or private property; 6,645
(17) Refrain from the construction of roads or other 6,647
access ways up a stream bed or drainage channel or in such 6,648
proximity to the channel as to seriously alter the normal flow of 6,649
water; 6,650
(18) Establish, on the regraded areas and all other lands 6,652
affected, a diverse, effective, and permanent vegetative cover of 6,653
the same seasonal variety native to the area of land to be 6,654
affected and capable of self-regeneration and plant succession at 6,655
least equal in extent of cover to the natural vegetation of the 6,656
area, except that introduced species may be used in the 6,657
revegetation process where desirable and necessary to achieve the 6,658
approved postmining land use plan; 6,659
(19)(a) Assume the responsibility for successful 6,661
revegetation, as required by division (A)(18) of this section, 6,662
for a period of five full years after the last year of augmented 6,663
152
seeding, fertilizing, irrigation, or other work in order to 6,664
ensure compliance with that division, except that when the chief 6,665
approves a long-term intensive agricultural postmining land use, 6,666
the applicable five-year period of responsibility for 6,667
revegetation shall commence at the date of initial planting for 6,668
that long-term intensive agricultural postmining land use, and 6,669
except that when the chief issues a written finding approving a 6,670
long-term intensive agricultural postmining land use as part of 6,671
the mining and reclamation plan, the chief may grant an exception 6,672
to division (A)(18) of this section; 6,673
(b) On lands eligible for remining, assume the 6,675
responsibility for successful revegetation, as required by 6,676
division (A)(18) of this section, for a period of two full years 6,677
after the last year of augmented seeding, fertilizing,
irrigation, or other work in order to ensure compliance with that 6,678
division.
(20) Protect off-site areas from slides or damage 6,680
occurring during the coal mining and reclamation operations and 6,681
not deposit spoil material or locate any part of the operations 6,682
or waste accumulations outside the permit area; 6,683
(21) Place all excess spoil material resulting from coal 6,685
mining and reclamation operations in such a manner that all of 6,686
the following apply: 6,687
(a) Spoil is transported and placed in a controlled manner 6,689
in position for concurrent compaction and in such a way as to 6,690
ensure mass stability and to prevent mass movement;. 6,691
(b) The areas of disposal are within the bonded permit 6,693
areas. All organic matter shall be removed immediately prior to 6,694
spoil placement except in the zoned concept method. 6,695
(c) Appropriate surface and internal drainage systems and 6,697
diversion ditches are used so as to prevent spoil erosion and 6,698
mass movement;. 6,699
(d) The disposal area does not contain springs, natural 6,701
watercourses, or wet weather seeps unless lateral drains are 6,702
153
constructed from the wet areas to the main underdrains in such a 6,703
manner that filtration of the water into the spoil pile will be 6,704
prevented unless the zoned concept method is used;. 6,705
(e) If placed on a slope, the spoil is placed upon the 6,707
most moderate slope among those slopes upon which, in the 6,708
judgment of the chief, the spoil could be placed in compliance 6,709
with all the requirements of this chapter and is placed, where 6,710
possible, upon, or above, a natural terrace, bench, or berm if 6,711
that placement provides additional stability and prevents mass 6,712
movement;. 6,713
(f) Where the toe of the spoil rests on a downslope, a 6,715
rock toe buttress of sufficient size to prevent mass movement is 6,716
constructed;. 6,717
(g) The final configuration is compatible with the natural 6,719
drainage pattern and surroundings and suitable for intended 6,721
uses;.
(h) Design of the spoil disposal area is certified by a 6,723
qualified registered professional engineer in conformance with 6,724
professional standards;. 6,725
(i) All other provisions of this chapter are met. 6,727
(22) Meet such other criteria as are necessary to achieve 6,729
reclamation in accordance with the purpose of this chapter, 6,730
taking into consideration the physical, climatological, and other 6,731
characteristics of the site; 6,732
(23) To the extent possible, using the best technology 6,734
currently available, minimize disturbances and adverse impacts of 6,735
the operation on fish, wildlife, and related environmental 6,736
values, and achieve enhancement of such resources where 6,737
practicable; 6,738
(24) Provide for an undisturbed natural barrier beginning 6,740
at the elevation of the lowest coal seam to be mined and 6,741
extending from the outslope for such distance as the chief shall 6,742
determine to be retained in place as a barrier to slides and 6,743
erosion. 6,744
154
(B)(1) The chief may permit mining operations for the 6,746
purposes set forth in division (B)(3) of this section. 6,747
(2) When an applicant meets the requirements of divisions 6,749
(B)(3) and (4) of this section, a permit without regard to the 6,750
requirement to restore to approximate original contour known as 6,751
mountain top removal set forth in divisions (A)(3) or (C)(2) and 6,752
(3) of this section may be granted for the mining of coal where 6,753
the mining operation will remove an entire coal seam or seams 6,754
running through the upper fraction of a mountain, ridge, or hill, 6,755
except as provided in division (B)(4)(a) of this section, by 6,756
removing all of the overburden and creating a level plateau or a 6,757
gently rolling contour with no highwalls remaining, and capable 6,758
of supporting postmining uses in accordance with this division. 6,759
(3) In cases where an industrial, commercial, 6,761
agricultural, residential, or public facility use, including 6,762
recreational facilities, is proposed for the postmining use of 6,764
the affected land, the chief may grant a permit for a mining
operation of the nature described in division (B)(2) of this 6,765
section when all of the following apply: 6,766
(a) After consultation with the appropriate land use 6,768
planning agencies, if any, the proposed postmining land use is 6,769
considered to constitute an equal or better economic or public 6,770
use of the affected land, as compared with premining use;. 6,771
(b) The applicant presents specific plans for the proposed 6,773
postmining land use and appropriate assurances that the use will 6,774
be all of the following: 6,775
(i) Compatible with adjacent land uses; 6,777
(ii) Obtainable according to data regarding expected need 6,779
and market; 6,780
(iii) Assured of investment in necessary public 6,782
facilities; 6,783
(iv) Supported by commitments from public agencies where 6,785
appropriate; 6,786
(v) Practicable with respect to private financial 6,788
155
capability for completion of the proposed use; 6,789
(vi) Planned pursuant to a schedule attached to the 6,791
reclamation plan so as to integrate the mining operation and 6,792
reclamation with the postmining land use; 6,793
(vii) Designed by a registered engineer in conformity with 6,795
professional standards established to ensure the stability, 6,796
drainage, and configuration necessary for the intended use of the 6,797
site. 6,798
(c) The proposed use is consistent with adjacent land uses 6,800
and existing state and local land use plans and programs;. 6,801
(d) The chief provides the governing body of the unit of 6,803
general-purpose local government in which the land is located, 6,804
and any state or federal agency that the chief, in the chief's 6,806
discretion, determines to have an interest in the proposed use,
an opportunity of not more than sixty days to review and comment 6,807
on the proposed use;. 6,808
(e) All other requirements of this chapter will be met. 6,810
(4) In granting a permit pursuant to this division, the 6,812
chief shall require that each of the following is met: 6,813
(a) The toe of the lowest coal seam and the overburden 6,815
associated with it are retained in place as a barrier to slides 6,816
and erosion;. 6,817
(b) The reclaimed area is stable;. 6,819
(c) The resulting plateau or rolling contour drains inward 6,821
from the outslopes except at specified points;. 6,822
(d) No damage will be done to natural watercourses;. 6,824
(e) Spoil will be placed on the mountaintop bench as is 6,826
necessary to achieve the planned postmining land use, except that 6,827
all excess spoil material not retained on the mountaintop bench 6,828
shall be placed in accordance with division (A)(21) of this 6,829
section;. 6,830
(f) Stability of the spoil retained on the mountaintop 6,832
bench is ensured and the other requirements of this chapter are 6,833
met. 6,834
156
(5) The chief shall adopt specific rules to govern the 6,836
granting of permits in accordance with divisions (B)(1) to (4) of 6,837
this section and may impose such additional requirements as the 6,838
chief considers necessary. 6,839
(6) All permits granted under divisions (B)(1) to (4) of 6,841
this section shall be reviewed not more than three years from the 6,842
date of issuance of the permit unless the applicant affirmatively 6,843
demonstrates that the proposed development is proceeding in 6,844
accordance with the terms of the approved schedule and 6,845
reclamation plan. 6,846
(C) All of the following performance standards apply to 6,848
steep-slope coal mining and are in addition to those general 6,849
performance standards required by this section, except that this 6,850
division does not apply to those situations in which an operator 6,851
is mining on flat or gently rolling terrain on which an 6,852
occasional steep slope is encountered through which the mining 6,853
operation is to proceed, leaving a plain or predominantly flat 6,854
area, or where an operator is in compliance with division (B) of 6,855
this section: 6,856
(1) The operator shall ensure that when performing coal 6,858
mining on steep slopes, no debris, abandoned or disabled 6,859
equipment, spoil material, or waste mineral matter is placed on 6,860
the downslope below the bench or mining cut. Spoil material in 6,861
excess of that required for the reconstruction of the approximate 6,862
original contour under division (A)(3) or (C)(2) of this section 6,863
shall be permanently stored pursuant to division (A)(21) of this 6,864
section. 6,865
(2) The operator shall complete backfilling with spoil 6,867
material to cover completely the highwall and return the site to 6,868
the approximate original contour, which material will maintain 6,869
stability following mining and reclamation. 6,870
(3) The operator shall not disturb land above the top of 6,872
the highwall unless the chief finds that the disturbance will 6,873
facilitate compliance with the environmental protection standards 6,874
157
of this section, except that any such disturbance involving land 6,875
above the highwall shall be limited to that amount of land 6,876
necessary to facilitate compliance. 6,877
(D)(1) The chief may permit variances for the purposes set 6,879
forth in division (D)(3) of this section, provided that the 6,880
watershed control of the area is improved and that complete 6,881
backfilling with spoil material shall be required to cover 6,882
completely the highwall, which material will maintain stability 6,883
following mining and reclamation. 6,884
(2) Where an applicant meets the requirements of divisions 6,886
(D)(3) and (4) of this section, a variance from the requirement 6,887
to restore to approximate original contour set forth in division 6,888
(C)(2) of this section may be granted for the mining of coal when 6,890
the owner of the surface knowingly requests in writing, as a part 6,891
of the permit application, that such a variance be granted so as 6,892
to render the land, after reclamation, suitable for an
industrial, commercial, residential, or public use, including 6,893
recreational facilities, in accordance with the provisions of 6,895
divisions (D)(3) and (4) of this section.
(3) A variance pursuant to division (D)(2) of this section 6,897
may be granted if: 6,898
(a) After consultation with the appropriate land use 6,900
planning agencies, if any, the potential use of the affected land 6,901
is considered to constitute an equal or better economic or public 6,902
use;. 6,903
(b) The postmining land condition is designed and 6,905
certified by a registered professional engineer in conformity 6,906
with professional standards established to ensure the stability, 6,907
drainage, and configuration necessary for the intended use of the 6,908
site;. 6,909
(c) After approval of the appropriate state environmental 6,911
agencies, the watershed of the affected land is considered to be 6,912
improved. 6,913
(4) In granting a variance pursuant to division (D) of 6,915
158
this section, the chief shall require that only such amount of 6,916
spoil will be placed off the mine bench as is necessary to 6,917
achieve the planned postmining land use, ensure stability of the 6,918
spoil retained on the bench, and meet all other requirements of 6,919
this chapter. All spoil placement off the mine bench shall 6,920
comply with division (A)(21) of this section. 6,921
(5) The chief shall adopt specific rules to govern the 6,923
granting of variances under division (D) of this section and may 6,924
impose such additional requirements as the chief considers 6,925
necessary. 6,926
(6) All variances granted under division (D) of this 6,928
section shall be reviewed not more than three years from the date 6,929
of issuance of the permit unless the permittee affirmatively 6,930
demonstrates that the proposed development is proceeding in 6,931
accordance with the terms of the reclamation plan. 6,932
(E) The chief shall establish standards and criteria 6,934
regulating the design, location, construction, operation, 6,935
maintenance, enlargement, modification, removal, and abandonment 6,936
of new and existing coal mine waste piles referred to in division 6,937
(A)(13) of this section and division (A)(5) of section 1513.35 of 6,938
the Revised Code. The standards and criteria shall conform to 6,939
the standards and criteria used by the chief of the United States 6,940
army corps of engineers to ensure that flood control structures 6,941
are safe and effectively perform their intended function. In 6,942
addition to engineering and other technical specifications, the 6,943
standards and criteria developed pursuant to this division shall 6,944
include provisions for review and approval of plans and 6,945
specifications prior to construction, enlargement, modification, 6,946
removal, or abandonment; performance of periodic inspections 6,947
during construction; issuance of certificates of approval upon 6,948
completion of construction; performance of periodic safety 6,949
inspections; and issuance of notices for required remedial or 6,950
maintenance work. 6,951
(F)(1) The permittee may file a request with the chief for 6,953
159
release of a part of a performance bond or deposit under division 6,954
(F)(3) of this section. Within thirty days after any request for 6,955
bond or deposit release under this section has been filed with 6,956
the chief, the operator shall submit a copy of an advertisement 6,957
placed at least once a week for four successive weeks in a 6,958
newspaper of general circulation in the locality of the coal 6,959
mining operation. The advertisement shall be considered part of 6,960
any bond release application and shall contain a notification of 6,961
the precise location of the land affected, the number of acres, 6,962
the permit number and the date approved, the amount of the bond 6,963
filed and the portion sought to be released, the type and 6,964
appropriate dates of reclamation work performed, and a 6,965
description of the results achieved as they relate to the 6,966
operator's approved reclamation plan and, if applicable, the 6,967
operator's pollution abatement plan. In addition, as part of any 6,968
bond release application, the applicant shall submit copies of 6,969
the letters sent to adjoining property owners, local governmental 6,970
bodies, planning agencies, and sewage and water treatment 6,971
authorities or water companies in the locality in which the coal 6,972
mining and reclamation activities took place, notifying them of 6,973
the applicant's intention to seek release from the bond. 6,974
(2) Upon receipt of a copy of the advertisement and 6,976
request for release of a bond or deposit under division (F)(3)(c) 6,977
of this section, the chief, within thirty days, shall conduct an 6,978
inspection and evaluation of the reclamation work involved. The 6,979
evaluation shall consider, among other things, the degree of 6,980
difficulty to complete any remaining reclamation, whether 6,981
pollution of surface and subsurface water is occurring, the 6,982
probability of continuation or future occurrence of the 6,983
pollution, and the estimated cost of abating the pollution. The 6,984
chief shall notify the permittee in writing of the decision to 6,985
release or not to release all or part of the performance bond or 6,986
deposit within sixty days after the filing of the request if no 6,987
public hearing is held pursuant to division (F)(6) of this 6,988
160
section or, if there has been a public hearing held pursuant to 6,989
division (F)(6) of this section, within thirty days thereafter. 6,990
(3) The chief may release the bond or deposit if the 6,992
reclamation covered by the bond or deposit or portion thereof has 6,993
been accomplished as required by this chapter and rules adopted 6,994
under it according to the following schedule: 6,995
(a) When the operator completes the backfilling, 6,997
regrading, and drainage control of a bonded area in accordance 6,998
with the approved reclamation plan, and, if the area covered by 7,000
the bond or deposit is one for which an authorization was made 7,001
under division (E)(7) of section 1513.07 of the Revised Code, the 7,002
operator has complied with the approved pollution abatement plan 7,003
and all additional requirements established by the chief in rules 7,004
adopted under section 1513.02 of the Revised Code governing coal 7,005
mining and reclamation operations on pollution abatement areas, 7,006
the chief shall grant a release of fifty per cent of the bond or 7,007
deposit for the applicable permit area;. 7,008
(b) After resoiling and revegetation have been established 7,010
on the regraded mined lands in accordance with the approved 7,011
reclamation plan, the chief shall grant a release in an amount 7,012
not exceeding thirty-five per cent of the original bond or 7,013
deposit for all or part of the affected area under the permit. 7,014
When determining the amount of bond to be released after 7,015
successful revegetation has been established, the chief shall 7,016
retain that amount of bond for the revegetated area that would be 7,017
sufficient for a third party to cover the cost of reestablishing 7,018
revegetation for the period specified for operator responsibility 7,019
in this section for reestablishing revegetation. No part of the 7,020
bond or deposit shall be released under this division so long as 7,021
the lands to which the release would be applicable are 7,022
contributing suspended solids to streamflow or runoff outside the 7,023
permit area in excess of the requirements of this section or 7,024
until soil productivity for prime farmlands has returned to 7,025
equivalent levels of yield as nonmined land of the same soil type 7,026
161
in the surrounding area under equivalent management practices as 7,027
determined from the soil survey performed pursuant to section 7,028
1513.07 of the Revised Code. If the area covered by the bond or 7,029
deposit is one for which an authorization was made under division 7,030
(E)(7) of section 1513.07 of the Revised Code, no part of the 7,031
bond or deposit shall be released under this division until the 7,032
operator has complied with the approved pollution abatement plan 7,033
and all additional requirements established by the chief in rules 7,034
adopted under section 1513.02 of the Revised Code governing coal 7,035
mining and reclamation operations on pollution abatement areas. 7,036
Where a silt dam is to be retained as a permanent impoundment 7,037
pursuant to division (A)(10) of this section, the portion of bond 7,038
may be released under this division so long as provisions for 7,039
sound future maintenance by the operator or the landowner have 7,040
been made with the chief. 7,041
(c) When the operator has completed successfully all coal 7,043
mining and reclamation activities, including, if applicable, all 7,044
additional requirements established in the pollution abatement 7,045
plan approved under division (E)(7) of section 1513.07 of the 7,046
Revised Code and all additional requirements established by the 7,047
chief in rules adopted under section 1513.02 of the Revised Code 7,048
governing coal mining and reclamation operations on pollution 7,049
abatement areas, the chief shall release all or any of the 7,050
remaining portion of the bond or deposit for all or part of the 7,051
affected area under a permit, but not before the expiration of 7,052
the period specified for operator responsibility in this section, 7,053
except that the chief may adopt rules for a variance to the 7,054
operator period of responsibility considering vegetation success 7,055
and probability of continued growth and consent of the landowner, 7,056
provided that no bond shall be fully released until all 7,057
reclamation requirements of this chapter are fully met. 7,058
(4) If the chief disapproves the application for release 7,060
of the bond or deposit or portion thereof, the chief shall notify 7,061
the permittee, in writing, stating the reasons for disapproval 7,062
162
and recommending corrective actions necessary to secure the 7,063
release, and allowing the opportunity for a public adjudicatory 7,064
hearing. 7,065
(5) When any application for total or partial bond release 7,067
is filed with the chief under this section, the chief shall 7,068
notify the municipal corporation in which the coal mining 7,069
operation is located by certified mail at least thirty days prior 7,070
to the release of all or a portion of the bond. 7,071
(6) A person with a valid legal interest that might be 7,073
adversely affected by release of a bond under this section or the 7,074
responsible officer or head of any federal, state, or local 7,075
government agency that has jurisdiction by law or special 7,076
expertise with respect to any environmental, social, or economic 7,077
impact involved in the operation or is authorized to develop and 7,078
enforce environmental standards with respect to such operations 7,079
may file written objections to the proposed release from the bond 7,080
with the chief within thirty days after the last publication of 7,081
the notice required by division (F)(1) of this section. If 7,082
written objections are filed and an informal conference is 7,083
requested, the chief shall inform all interested parties of the 7,084
time and place of the conference. The date, time, and location 7,085
of the informal conference shall be advertised by the chief in a 7,086
newspaper of general circulation in the locality of the coal 7,087
mining operation proposed for bond release for at least once a 7,088
week for two consecutive weeks. The informal conference shall be 7,089
held in the locality of the coal mining operation proposed for 7,090
bond release or in Franklin county, at the option of the 7,091
objector, within thirty days after the request for the 7,092
conference. An electronic or stenographic record shall be made 7,093
of the conference proceeding unless waived by all parties. The 7,094
record shall be maintained and shall be accessible to the parties 7,095
until final release of the performance bond at issue. In the 7,096
event all parties requesting the informal conference stipulate 7,097
agreement prior to the requested informal conference and withdraw 7,098
163
their request, the informal conference need not be held. 7,099
(7) If an informal conference has been held pursuant to 7,101
division (F)(6) of this section, the chief shall issue and 7,102
furnish the applicant and persons who participated in the 7,103
conference with the written decision regarding the release within 7,104
sixty days after the conference. Within thirty days after 7,105
notification of the final decision of the chief regarding the 7,106
bond release, the applicant or any person with an interest that 7,107
is or may be adversely affected by the decision may appeal the 7,108
decision to the reclamation commission pursuant to section 7,110
1513.13 of the Revised Code.
(G) The chief shall adopt rules governing the criteria for 7,112
forfeiture of bond, the method of determining the forfeited 7,113
amount, and the procedures to be followed in the event of 7,114
forfeiture. Cash received as the result of such forfeiture is 7,115
the property of the state. 7,116
(H) Notwithstanding divisions (A) to (F) of this section, 7,118
the following time frames for reclamation and procedures for bond 7,119
release shall apply to those permits issued after April 10, 1972, 7,120
but before September 1, 1981: 7,121
(1) Within three months after the removal of overburden, 7,123
the operator shall commence backfilling, grading, resoiling, and 7,124
other work, except planting, on the area of land affected by that 7,125
removal. The work shall be completed within twelve months after 7,126
the end of the permit year within which the area of land was 7,127
affected, or within twelve months after the operation is 7,128
terminated, completed, or abandoned, whichever occurs first. 7,129
Whenever possible, the chief of the division of mines and 7,130
reclamation shall require backfilling, grading, resoiling, and 7,131
other work, including planting, as mining progresses. In any 7,132
case, planting shall take place not later than the next 7,133
appropriate season for such planting following the completion of 7,134
backfilling, grading, resoiling, and other work, as required by 7,135
this division.
164
If the chief finds that the operator cannot comply with the 7,137
time limits of this division because of a labor dispute, the 7,138
chief may extend them for the period of time lost. 7,139
The chief may extend the time limits of this division for 7,140
periods of not more than one year at a time if the operator needs 7,141
more time than that otherwise allowed under this division for the 7,142
purpose of removing limestone, clay, or shale which was uncovered 7,143
by strip mining, if the operator is in a business which 7,144
substantially utilizes limestone, clay, or shale, and if the 7,145
chief determines that the operator has a bona fide need for the 7,146
extension of time in order to carry out limestone, clay, or shale 7,147
removal. Removal of limestone, clay, and shale shall be 7,148
performed under rules adopted by the chief for the purpose of 7,149
ensuring compliance with the requirements and objectives of this 7,150
chapter. An extension of time made under this division shall not 7,151
delay reclamation on any part of the area of land affected for 7,152
which the extension is not necessary in order to carry out the 7,153
limestone, clay, or shale removal. 7,154
(2) When the reclamation other than planting of the area 7,156
of land affected as shown on an annual or final map is completed, 7,157
the operator shall file a request, on a form provided by the 7,158
chief, for inspection of the area. The request shall state all 7,159
of the following: 7,160
(a) The location of the area and number of acres; 7,162
(b) The permit number; 7,164
(c) The amount of bond, cash, or certificates of deposit 7,166
on deposit to ensure reclamation of the area; 7,167
(d) The results of testing on the soil of the reclaimed 7,169
area for such vegetation-sustaining factors as the chief shall 7,170
prescribe by rule. 7,171
The chief shall make an inspection and evaluation of the 7,173
reclamation of the area within the prescribed period after 7,174
receipt of the request or, if the operator fails to complete the 7,175
reclamation or file the request as required, as soon as the chief 7,176
165
learns of the default. Thereupon, if the chief approves the 7,177
reclamation other than planting as meeting the requirements of 7,178
this chapter, rules adopted thereunder, any orders issued during 7,179
the mining or reclamation, and the specifications of the plan for 7,180
mining and reclaiming, the chief shall issue an order to the 7,182
operator and the operator's surety releasing them from liability
for one-half the total amount of their surety bonds on deposit to 7,183
ensure reclamation for the area upon which reclamation is 7,184
completed. If the operator has deposited cash or certificates of 7,185
deposit in lieu of a surety bond to ensure reclamation, the chief 7,186
shall issue an order to the operator releasing one-half of the 7,187
total amount so held and shall promptly transmit a certified copy 7,188
of that order to the treasurer of state. Upon presentation of 7,189
the order to the treasurer of state by the operator to whom it 7,190
was issued, or by the operator's authorized agent, the treasurer 7,191
of state shall deliver to the operator or the operator's 7,192
authorized agent the cash or certificates of deposit designated 7,193
in the order. 7,194
If the chief does not approve the reclamation other than 7,196
planting, the chief shall notify the operator by certified mail 7,198
within the prescribed period after the request for inspection is
filed or after the chief learns of the default. The notice shall 7,199
be an order stating the reasons for unacceptability, ordering 7,201
further actions to be taken, and setting a time limit for 7,202
compliance. If the operator does not comply with the order 7,203
within the time limit specified, the chief may order an extension 7,204
of time for compliance after determining that the operator's 7,206
noncompliance is for good cause, resulting from developments 7,207
partially or wholly beyond the operator's control. If the 7,208
operator complies within the time limit or the extension of time 7,209
granted for compliance, the chief shall order release of bond, 7,210
cash, or certificates of deposit in the same manner as in the 7,211
case of approval of reclamation other than planting by the chief, 7,212
and the treasurer of state shall proceed as in such a case. If 7,213
166
the operator does not comply within the extension of time granted 7,215
for compliance, the chief shall issue another order declaring 7,216
that the operator has failed to reclaim and, if the operator's 7,217
permit has not already expired or been revoked, revoking the 7,218
operator's permit. The chief then shall proceed under division 7,219
(H)(4) of this section. 7,220
(3) When the planting of the area of land affected as 7,222
shown on an annual or final map is completed and the growing 7,223
season in which the planting occurred has terminated, the 7,224
operator shall file a request, on a form provided by the chief, 7,225
for inspection of the area. The request shall state all of the 7,226
following: 7,227
(a) The location of the area and number of acres; 7,229
(b) The permit number; 7,231
(c) The amount of bond, cash, or certificates of deposit 7,233
on deposit to ensure reclamation of the area; 7,234
(d) The type and date of planting of vegetative cover, the 7,236
degree of success of growth, and results of testing on the soil 7,237
of the reclaimed area for such vegetation-sustaining factors as 7,238
the chief shall prescribe by rule. 7,239
The chief shall make an inspection and evaluation of the 7,241
reclamation of the area within the prescribed period after 7,242
receipt of the request or, if the operator fails to complete the 7,243
reclamation or file the request as required, as soon as the chief 7,244
learns of the default. If the chief finds that the reclamation 7,245
meets the requirements of this chapter, rules adopted thereunder 7,246
in accordance with Chapter 119. of the Revised Code, any order 7,247
issued during the mining and reclamation, and the specifications 7,248
of the plan for mining and reclaiming, and decides to release any 7,249
remaining bond, cash, or certificates of deposit on deposit to 7,250
ensure reclamation of the area upon which reclamation is 7,251
completed, the chief shall publish, within ten days of completing 7,253
the inspection and evaluation, notice of that decision in a 7,254
newspaper of general circulation in the county in which the 7,255
167
operation is located. The notice shall be published on two days 7,256
one week apart and shall describe the size and location of the 7,257
area for which bond, cash, or certificates of deposit are to be 7,258
released and the amount of the bond, cash, or certificates of 7,259
deposit. Any person claiming to be deprived of a right or 7,260
protection afforded the person by law may file an appeal with the 7,261
reclamation commission, within ten days after the second 7,264
publication of notice, objecting to the decision to release the 7,265
bond, cash, or certificates of deposit. If such an appeal is 7,266
filed, the requirements of section 1513.13 of the Revised Code 7,267
shall be followed to the extent that they are not inconsistent 7,268
with the requirements of this section. The person filing the 7,269
appeal, within three days after the appeal is filed with the 7,270
commission, shall notify the chief and the operator by certified 7,272
mail of the filing of the appeal. If the commission affirms the 7,273
decision of the chief, the costs of the appeal shall be taxed 7,275
against the appellant, and the chief shall release the remaining 7,276
bond, cash, or certificates of deposit. If the commission finds 7,277
that the decision of the chief was unreasonable or unlawful, it 7,279
shall make a written order vacating the decision appealed from 7,280
and ordering the chief to take all necessary further actions in 7,281
requiring compliance with this section. After the operator has 7,283
completed all actions so required by the chief, the operator 7,284
shall file another request for inspection and proceed under this
division as in the first instance. If no such appeal is filed, 7,285
the chief, upon expiration of the ten days following the second 7,286
publication of notice, shall order release of the remaining bond, 7,287
cash, or certificates of deposit in the same manner as in the 7,289
case of approval of reclamation other than planting, and the
treasurer of state shall proceed as in such a case. 7,290
If the chief does not approve the reclamation performed by 7,292
the operator, the chief shall notify the operator by certified 7,294
mail within the prescribed period after the request for 7,295
inspection is filed or after learning of the default. The notice 7,296
168
shall be an order stating the reasons for unacceptability, 7,298
ordering further actions to be taken, and setting a time limit 7,299
for compliance. If the operator does not comply with the order 7,300
within the time limit specified, the chief may order an extension 7,301
of time for compliance after determining that the operator's 7,303
noncompliance is for good cause, resulting from developments 7,304
partially or wholly beyond the operator's control. If the 7,305
operator complies within the time limit or the extension of time 7,306
granted for compliance, the chief shall order release of the 7,307
remaining bond, cash, or certificates of deposit in the same 7,308
manner as in the case of approval of reclamation by the chief, 7,309
and the treasurer of state shall proceed as in such a case. If 7,310
the operator does not comply within the time limit and the chief 7,311
does not order an extension, or if the chief orders an extension 7,312
of time and the operator does not comply within the extension of 7,313
time granted for compliance, the chief shall make another order 7,314
declaring that the operator has failed to reclaim and, if the 7,315
operator's permit has not already expired or been revoked, 7,316
revoking the operator's permit. The chief then shall proceed 7,317
under division (H)(4) of this section. 7,318
(4) Upon issuing an order under division (H)(2) or (3) of 7,320
this section declaring that the operator has failed to reclaim, 7,321
the chief shall make a finding as to the number and location of 7,322
the acres of land which the operator has failed to reclaim in the 7,324
manner required by this chapter and the amount of the estimated 7,325
cost to the state to perform reclamation on those acres as 7,326
determined by the chief at the time of application. The chief
shall order the release of that proportion of the bond, cash, or 7,327
certificates of deposit which are on deposit to ensure 7,328
reclamation of those acres which the chief finds to have been 7,329
reclaimed in the manner required by this chapter, provided that 7,330
all the land contained within a yearly segment as shown in the 7,331
annual or final map has been so reclaimed. Such a release shall 7,332
be ordered in the same manner as in the case of other approval of 7,333
169
reclamation by the chief, and the treasurer of state shall 7,334
proceed as in such a case. If the operator has on deposit cash 7,335
or certificates of deposit to ensure reclamation of the area of 7,336
land affected, the chief shall issue at the same time an order 7,337
declaring that the remaining proportion of the cash or 7,338
certificates of deposit is the property of the state and is 7,339
available for use by the chief in performing reclamation of the 7,340
area and shall proceed as under section 1513.18 of the Revised 7,341
Code. 7,342
If the operator has on deposit a surety bond to ensure 7,344
reclamation of the area of land affected, the chief shall notify 7,345
the surety in writing of the operator's default and shall request 7,346
the surety to perform the surety's obligation and that of the 7,347
operator. The surety, within ten days after receipt of the 7,349
notice, shall notify the chief as to whether it intends to
perform those obligations. 7,350
If the surety chooses to perform, it shall arrange for work 7,352
to begin within thirty days of the day on which it notifies the 7,353
chief of its decision. If the surety completes the work as 7,354
required by this chapter, the chief shall issue an order to the 7,355
surety releasing the surety from liability under the bond in the 7,356
same manner as if the surety were an operator proceeding under 7,357
this section. If, after the surety begins the work, the chief 7,358
determines that the surety is not carrying the work forward with 7,359
reasonable progress, that it is improperly performing the work, 7,361
or that it has abandoned the work or otherwise failed to perform 7,362
its obligation and that of the operator, the chief shall issue an 7,363
order terminating the right of the surety to perform the work and 7,364
demanding payment of the amount due as required by this chapter. 7,365
If the surety chooses not to perform and so notifies the 7,367
chief, does not respond to the chief's notice within ten days of 7,368
receipt thereof, or fails to begin work within thirty days of the 7,369
day it timely notifies the chief of its decision to perform its 7,370
obligation and that of the operator, the chief shall issue an 7,371
170
order terminating the right of the surety to perform the work and 7,372
demanding payment of the amount due, as required by this chapter. 7,373
Upon receipt of an order of the chief demanding payment of 7,375
the amount due, the surety immediately shall deposit with the 7,376
chief cash in the full amount due under the order for deposit 7,377
with the treasurer of state. If the surety fails to make such an 7,378
immediate deposit, the chief shall certify the amount to the 7,379
attorney general for collection. When the chief has issued an 7,380
order terminating the right of the surety and has the cash on 7,381
deposit, the cash is the property of the state and is available 7,382
for use by the chief, who shall proceed as under section 1513.18 7,383
of the Revised Code. 7,384
(5) For purposes of division (H) of this section, 7,386
"prescribed period" means, in the case of a request for 7,387
inspection pertaining to twenty-five acres or less, sixty days; 7,388
in the case of a request for inspection pertaining to more than 7,389
twenty-five acres, but not more than one hundred twenty-five 7,390
acres, ninety days; in the case of a request for inspection 7,392
pertaining to more than one hundred twenty-five acres, but not 7,393
more than one thousand acres, one hundred twenty days; and in the 7,394
case of a request for inspection pertaining to more than one 7,395
thousand acres, one hundred eighty days. 7,396
Sec. 1513.161. An operator shall use explosives only in 7,405
accordance with Chapter 1567. of the Revised Code and rules 7,407
adopted pursuant thereto by the chief of the division of mines 7,408
and reclamation MINERAL RESOURCES MANAGEMENT, and in accordance 7,410
with this section and rules adopted pursuant thereto by the 7,411
chief, and in accordance with all applicable federal laws and 7,412
regulations. If, in any situation involving a coal mining 7,413
operation, except when underground coal mining is part or all of 7,414
the coal mining operation, a rule adopted pursuant to Chapter 7,416
1567. OF THE REVISED CODE is in conflict with a rule adopted 7,417
pursuant to this section, the rule adopted pursuant to this 7,419
section shall prevail PREVAILS. When underground coal mining is 7,420
171
part or all of the coal mining operation, the rule adopted 7,422
pursuant to Chapter 1567. shall prevail OF THE REVISED CODE 7,424
PREVAILS.
Before an explosive is set off, sufficient warning shall be 7,426
given to allow any person in or approaching the area ample time 7,427
to retreat a safe distance. 7,428
No blasting shall be done between the hours of sunset and 7,430
sunrise. 7,431
The chief shall adopt rules to: 7,434
(A) Provide adequate advance written notice to local 7,436
governments and residents who might be affected by the use of 7,437
explosives by publication of the planned blasting schedule in a 7,438
newspaper of general circulation in the locality of the coal 7,439
mining operation, by mailing a copy of the proposed blasting 7,440
schedule to every resident living within one-half mile of the 7,441
proposed blasting site, and by providing daily notice to 7,442
residents or occupants in such areas prior to any blasting; 7,443
(B) Maintain for a period of at least three years and make 7,445
available for public inspection upon request a log detailing the 7,446
location of the blasts, the pattern and depth of the drill holes, 7,447
the amount of explosives used per hole, and the order and length 7,448
of delay in the blasts; 7,449
(C) Limit the type of explosives and detonating equipment, 7,451
the size, and the timing and frequency of blasts based upon the 7,452
physical conditions of the site so as to prevent: 7,453
(1) Injury to persons; 7,455
(2) Damage to public and private property outside the 7,457
permit area; 7,458
(3) Adverse impacts on any underground mine; 7,460
(4) Change in the course, channel, or availability of 7,462
ground or surface water outside the permit area. 7,463
(D) Require that all blasting operations be conducted by 7,465
trained and competent persons as certified by the chief; 7,466
(E) Provide that upon the request of a resident or owner 7,468
172
of a man-made AN ARTIFICIAL dwelling or structure or water supply 7,470
within one-half mile of any portion of the permit area, the 7,472
applicant or permittee shall conduct a preblasting survey of the 7,473
structures or water supply and submit the survey to the chief and 7,474
a copy to the resident or owner making the request. The area of 7,475
the survey shall be decided by the chief and shall include such 7,476
provisions as the chief prescribes;. 7,477
(F) Require the training, examination, and certification 7,479
of persons engaging in or directly responsible for blasting or 7,480
use of explosives in coal mining operations. 7,481
The chief, by rule or order, may prohibit blasting in 7,483
specific areas where the safety of the public would be 7,484
endangered. 7,485
No person shall use explosives in violation of this 7,487
section, a rule adopted thereunder, or an order of the chief. 7,488
Sec. 1513.17. (A) No person shall: 7,497
(1) Engage in coal mining or conduct a coal mining 7,499
operation without a permit issued by the chief of the division of 7,500
mines and reclamation MINERAL RESOURCES MANAGEMENT; 7,501
(2) Knowingly violate a condition or exceed the limits of 7,503
a permit; 7,504
(3) Knowingly fail to comply with an order of the chief of 7,506
the division of mines and reclamation issued under Chapter 1513. 7,507
of the Revised Code THIS CHAPTER; 7,508
(4) Knowingly violate any provision of Chapter 1513. of 7,510
the Revised Code THIS CHAPTER not specificially SPECIFICALLY 7,512
mentioned in this section; 7,513
(5) Knowingly make any false statement, representation, or 7,515
certification or knowingly fail to make any statement, 7,516
representation, or certification in any application, record, 7,517
report, plan, or other document filed or required to be 7,518
maintained under Chapter 1513. of the Revised Code THIS CHAPTER 7,519
or under a final order or decision issued by the chief; 7,521
(6) Knowingly prevent, hinder, delay, or otherwise 7,523
173
obstruct the operator from completing backfilling, grading, 7,524
resoiling, establishing successful vegetation, and meeting all 7,525
other reclamation requirements of Chapter 1513. of the Revised 7,526
Code THIS CHAPTER prior to the final release of the operator's 7,527
bond. 7,528
(B) Division (A)(1) of this section imposes strict 7,530
criminal liability. 7,531
Sec. 1513.18. (A) All money that becomes the property of 7,540
the state under division (G) of section 1513.16 of the Revised 7,543
Code shall be deposited in the reclamation forfeiture fund, which 7,544
is hereby created in the state treasury. Disbursements from the
fund shall be made by the chief of the division of mines and 7,546
reclamation only MINERAL RESOURCES MANAGEMENT for the purpose of 7,547
reclaiming areas of land affected by coal mining under a coal 7,548
mining and reclamation permit issued on or after September 1, 7,549
1981, on which an operator has defaulted. 7,550
(B) All cash that becomes the property of the state under 7,552
division (H) of section 1513.16 of the Revised Code shall be 7,553
deposited in the reclamation supplemental forfeiture fund, which 7,555
is hereby created in the state treasury. The fund ALSO shall 7,556
consist of all moneys so deposited, any moneys transferred to it 7,557
under this division from the unreclaimed lands fund created in 7,558
section 1513.30 of the Revised Code, any moneys transferred to it 7,561
under section 1513.181 of the Revised Code from the coal mining 7,563
and reclamation reserve fund created in that section, and moneys 7,564
collected and credited to it pursuant to section 5749.02 of the 7,565
Revised Code. Disbursements from the fund shall be made by the 7,569
chief only for the purpose of reclaiming areas that an operator 7,570
has affected by mining and failed to reclaim under a coal mining 7,571
and reclamation permit issued under this chapter or under a 7,572
surface mining permit issued under Chapter 1514. of the Revised 7,574
Code. The chief's priority for management of the fund, including 7,576
the selection of projects and transfer of moneys, shall be to 7,577
ensure that sufficient moneys are available for the reclamation 7,578
174
of areas affected by mining under a coal mining and reclamation 7,579
permit.
The chief may expend moneys from the fund to pay necessary 7,582
administrative costs, including engineering and design services, 7,583
incurred by the division OF MINERAL RESOURCES MANAGEMENT in 7,584
reclaiming these areas. Expenditures from the fund to pay such 7,585
administrative costs need not be made under contract. 7,586
As moneys are spent from the fund, the director of budget 7,589
and management, upon the certification of the chief, shall 7,590
transfer additional moneys from the unreclaimed lands fund
created in section 1513.30 of the Revised Code that the chief 7,593
requests, provided that the director shall not transfer more than 7,594
one million dollars from the unreclaimed lands fund to the 7,595
reclamation supplemental forfeiture fund during any fiscal year. 7,597
(C) Except when paying necessary administrative costs 7,599
authorized by division (B) of this section, expenditures from 7,600
either THE fund shall be made under contracts entered into by the 7,602
chief, with the approval of the director of natural resources, in 7,603
accordance with procedures established by the chief, by rules 7,604
adopted in accordance with section 1513.02 of the Revised Code. 7,605
The chief may reclaim the land in the same manner as set forth in 7,606
sections 1513.21 to 1513.24 of the Revised Code. Each contract 7,607
awarded by the chief shall be awarded to the lowest responsive 7,608
and responsible bidder, in accordance with section 9.312 of the 7,609
Revised Code, after sealed bids are received, opened, and 7,610
published at the time and place fixed by the chief. The chief 7,611
shall publish notice of the time and place at which bids will be 7,612
received, opened, and published, at least once and at least ten 7,613
days before the date of the opening of the bids, in a newspaper 7,614
of general circulation in the county in which the area of land to 7,615
be reclaimed under the contract is located. If, after 7,616
advertising, no bids are received at the time and place fixed for 7,618
receiving them, the chief may advertise again for bids, or, if 7,619
the chief considers the public interest will best be served, the 7,621
175
chief may enter into a contract for the reclamation of the area 7,622
of land without further advertisement for bids. The chief may 7,623
reject any or all bids received and again publish notice of the 7,624
time and place at which bids for contracts will be received, 7,625
opened, and published. The chief, with the approval of the 7,626
director, may enter into a contract with the landowner, a coal 7,627
mine operator or surface mine operator mining under a current, 7,628
valid permit issued under this chapter or Chapter 1514. of the 7,629
Revised Code, or a contractor hired by the surety to complete 7,631
reclamation to carry out reclamation on land affected by coal 7,632
mining on which an operator has defaulted without advertising for 7,633
bids.
(D) If the amount of money credited to the reclamation 7,635
forfeiture fund from the forfeiture of the bond applicable to the 7,636
area of land is not sufficient to pay the cost of doing all of 7,637
the reclamation work on land that the operator should have done, 7,638
but failed to do under a coal mining and reclamation permit, the 7,639
chief may expend from the moneys credited to the reclamation 7,641
supplemental forfeiture fund under section 5749.02 of the Revised 7,644
Code or transferred to the fund under division (B) of this 7,646
section or under section 1513.181 of the Revised Code the amount 7,650
of money necessary to complete the reclamation work to the 7,651
standards required by this chapter. 7,652
(E) The chief shall keep a detailed accounting of the 7,655
expenditures from the reclamation supplemental forfeiture fund to 7,657
complete reclamation of the land and, upon completion of the
reclamation, shall certify the expenditures to the attorney 7,658
general. Upon the chief's certification of the expenditures from 7,659
the reclamation supplemental forfeiture fund, the attorney 7,660
general shall bring an action for that amount of money. The 7,661
operator is liable for that expense in addition to any other 7,662
liabilities imposed by law. Moneys so recovered shall be 7,664
credited to the reclamation supplemental forfeiture fund. The 7,665
chief shall not postpone the reclamation because of any action 7,667
176
brought by the attorney general under this division. Prior to 7,668
completing reclamation, the chief may collect through the 7,669
attorney general any additional amount that the chief believes 7,670
will be necessary for reclamation in excess of the forfeited bond 7,671
amount applicable to the land that the operator should have, but 7,672
failed to, reclaim.
(F) If any part of the moneys in the reclamation 7,674
forfeiture fund remains in the fund after the chief has caused 7,676
the area of land to be reclaimed and has paid all the reclamation 7,677
costs and expenses, the chief may expend those moneys to complete 7,678
other reclamation work performed under this section on forfeiture 7,679
areas affected under a coal mining and reclamation permit issued 7,680
on or after September 1, 1981. 7,681
(G) The chief shall require every contractor performing 7,684
reclamation work pursuant to this section to pay workers at the 7,685
greater of their regular rate of pay, as established by contract, 7,686
agreement, or prior custom or practice, or the average wage rate 7,687
paid in this state for the same or similar work as determined by 7,688
the chief under section 1513.02 of the Revised Code. 7,689
Sec. 1513.181. There is hereby created in the state 7,698
treasury the coal mining administration and reclamation reserve 7,699
fund. The fund shall be used for the administration and 7,700
enforcement of this chapter. The chief of the division of mines 7,702
and reclamation MINERAL RESOURCES MANAGEMENT may transfer not 7,703
more than one million dollars annually from the fund to the 7,704
reclamation supplemental forfeiture fund created in section 7,706
1513.18 of the Revised Code to complete reclamation of lands 7,707
affected by coal mining under a permit issued under this chapter, 7,708
or by surface mining under a surface mining permit issued under 7,710
Chapter 1514. of the Revised Code, that the operator failed to 7,712
reclaim and for which the operator's bond is insufficient to 7,713
complete the reclamation. Within ten days before or after the 7,714
beginning of each calendar quarter, the chief shall MAY certify 7,715
to the director of budget and management the amount of money 7,717
177
needed to perform such reclamation during the quarter for 7,718
transfer from the coal mining administration and reclamation 7,719
reserve fund to the reclamation supplemental forfeiture fund. 7,720
Fines collected under division (F)(E) of section 1513.02 7,722
and section 1513.99 of the Revised Code, and fines collected for 7,723
a violation of section 2921.31 of the Revised Code that, prior to 7,724
July 1, 1996, would have been a violation of division (G) of 7,726
section 1513.17 of the Revised Code as it existed prior to that 7,727
date, shall be paid into the coal mining administration and 7,728
reclamation reserve fund.
Sec. 1513.20. The chief of the division of mines and 7,737
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 7,738
the director of natural resources, may purchase or acquire by 7,739
gift, donation, or contribution any eroded land, including land 7,740
affected by strip mining, for which no cash is held in the 7,741
reclamation forfeiture fund created by section 1513.18 of the 7,743
Revised Code. For this purpose the chief may expend moneys
deposited in the unreclaimed lands fund created by section 7,744
1513.30 of the Revised Code. All lands purchased or acquired 7,745
shall be deeded to the state, but no deed shall be accepted or 7,746
the purchase price paid until the title has been approved by the 7,747
attorney general.
Sec. 1513.21. From moneys appropriated for this purpose, 7,756
the chief of the division of mines and reclamation MINERAL 7,757
RESOURCES MANAGEMENT shall reclaim any land or tract of land 7,759
acquired pursuant to section 1513.20 of the Revised Code in such 7,760
manner that, after reclamation, such land or tract shall be 7,761
suitable for agriculture, forests, recreation, wildlife, water 7,762
conservation, or such other use as the chief may deem proper for 7,763
such land, or tract of land, in the light of the character of the 7,765
soil, the topography of the land or tract to be reclaimed and of
the surrounding lands, the proximity thereof to urban centers, 7,766
and the requirements of any applicable conservation program. 7,767
Sec. 1513.22. Before proceeding to reclaim any land or 7,776
178
tract of land acquired pursuant to section 1513.20 of the Revised 7,777
Code, the chief of the division of mines and reclamation MINERAL 7,778
RESOURCES MANAGEMENT shall determine the purpose or purposes for 7,779
which such land or tract should be devoted after reclamation and 7,780
shall develop a plan of reclamation for such land or tract 7,781
reasonably designed to accomplish such purpose or purposes and an 7,782
estimate of the cost thereof. When completed such plan shall be 7,783
submitted to the director of natural resources who may approve or 7,784
disapprove the same.
Sec. 1513.23. In determining the purpose or purposes for 7,793
which any land or tract of land should be devoted after 7,794
reclamation and in preparing a plan of reclamation, the chief of 7,795
the division of mines and reclamation MINERAL RESOURCES 7,796
MANAGEMENT may call to his THE CHIEF'S assistance, temporarily, 7,798
any engineers or other employees in any state department or in 7,799
the Ohio state university, or other educational institutions 7,800
financed wholly or in part by the state, for the purpose of
making studies, surveys, and maps and for the purpose of devising 7,802
the most effective and economical plan of reclamation. 7,803
Such engineers and employees shall not receive any 7,805
additional compensation other than that which they receive from 7,806
the department by which they are employed, but they shall be 7,807
reimbursed for their actual and necessary expenses incurred while 7,808
working under the direction of the chief of the division of mines 7,810
and reclamation.
Sec. 1513.24. After a plan of reclamation is approved by 7,819
the director of natural resources, the chief of the division of 7,821
mines and reclamation MINERAL RESOURCES MANAGEMENT, from any 7,822
moneys appropriated for the reclamation of strip mined lands, 7,824
shall proceed to carry out the plan.
With the approval of the director, the chief may carry out 7,826
any such plan or any part of such plan with the employees and 7,827
equipment of any division of the department of natural resources 7,828
or he THE CHIEF may carry out any such plan, or any part of such 7,829
179
plan by contracting therefor, provided that the chief shall not 7,831
enter into any contract, agreement, or understanding unless the 7,832
same is approved by the director. 7,833
Any such contract shall be entered into by the chief, with 7,835
the approval of the director, with persons who agree therein to 7,836
furnish any of the materials, equipment, or labor. Each such 7,837
contract shall be awarded by the chief to the lowest responsive 7,838
and responsible bidder, in accordance with section 9.312 of the 7,839
Revised Code, after sealed bids therefor are received, opened, 7,840
and published at the time and place fixed by the chief, and 7,841
notice of the time and place at which the sealed bids will be 7,842
received, opened, and published, has been published by the chief 7,843
at least once at least ten days before the opening of the bids in 7,844
a newspaper of general circulation in the county in which the 7,845
area of land to be reclaimed under the contract is located, 7,846
provided that if, after so advertising for bids for the contract, 7,847
no bids therefor are received by the chief at the time and place 7,848
fixed for receiving them, the chief may advertise again for such 7,849
bids, but he THE CHIEF is not required to do so, and he THE CHIEF 7,851
may, if he THE CHIEF considers the public interest will be best 7,852
served thereby, enter into a contract for the reclamation of the 7,853
land or tract without further advertisement for bids. The chief 7,854
may reject any or all bids received and fix and publish again 7,855
notice of the time and place at which bids for such contracts 7,856
will be received, opened, and published. 7,857
The chief shall require every contractor performing 7,859
reclamation work under this section to pay workers at the greater 7,860
of their rate of pay, as established by contract, agreement, or 7,861
prior custom or practice, or the average wage rate paid in this 7,862
state for the same or similar work as determined by the chief 7,863
under section 1513.02 of the Revised Code. 7,864
Sec. 1513.25. After completion of the reclamation of a 7,873
tract of land acquired pursuant to section 1513.20 of the Revised 7,874
Code, the chief of the division of mines and reclamation MINERAL 7,875
180
RESOURCES MANAGEMENT may, if the land is suitable to the uses of 7,877
any other department, division, office, or institution of the 7,878
state, transfer the land or tract to that department, division, 7,879
office, or institution, subject to the approval of the director 7,880
of natural resources.
With the approval of the attorney general and the director, 7,882
the chief may sell any such land or tract, after completion of 7,883
the plan of reclamation, when the sale is advantageous to the 7,884
state. 7,885
With the approval of the attorney general and the director, 7,887
the chief may grant easements and leases on the land or tract 7,888
under terms advantageous to the state, and may grant mineral 7,889
rights on a royalty basis. 7,890
All moneys received from the sale of reclaimed lands, or in 7,892
payment for easements, leases, or royalties, shall be paid to the 7,893
unreclaimed lands fund CREATED IN SECTION 1513.30 OF THE REVISED 7,894
CODE.
Sec. 1513.26. The chief of the division of mines and 7,903
reclamation MINERAL RESOURCES MANAGEMENT shall make an annual 7,904
report to the governor and to the general assembly. The report 7,905
shall identify each reclamation project, state the number of 7,906
acres reclaimed by the division or persons with whom it contracts 7,907
under sections 1513.20 to 1513.25 of the Revised Code, identify 7,908
the county in which the project is located, and make a detailed 7,909
accounting of expenditures.
Sec. 1513.27. As used in this section and sections 7,918
1513.28, 1513.30, 1513.31, and 1513.32 of the Revised Code, 7,919
"damage to adjacent property" means physical injury or harm to 7,920
nearby property caused by the unreclaimed condition of lands 7,921
mined prior to April 10, 1972, or pursuant to a license issued 7,922
prior to April 10, 1972, including, without limitation, injury or 7,923
harm to vegetation on adjacent property, pollution of surface or 7,924
underground waters on adjacent property, loss or interruption of 7,925
water supply on adjacent property, flow of acid water onto or 7,926
181
across adjacent property, flooding of adjacent property, 7,927
landslides onto or across adjacent property, erosion of adjacent 7,928
property, or deposition of sediment upon adjacent property. 7,929
Damage to adjacent property does not include any diminution of 7,930
the market value of adjacent property caused exclusively by the 7,931
visual or aesthetic appearance of such unreclaimed lands. 7,932
The chief of the division of mines and reclamation MINERAL 7,934
RESOURCES MANAGEMENT, with the approval of the director of 7,936
natural resources, may enter into a written agreement, which may 7,937
be in the form of a contract, with the owner of any unreclaimed 7,938
land affected by mining before April 10, 1972, or pursuant to a 7,939
license issued before April 10, 1972, that causes or may cause 7,940
pollution of the waters of the state or damage to adjacent 7,941
property, is not likely to be mined in the foreseeable future, 7,942
and lies within the boundaries of a project area approved by the 7,943
council on unreclaimed strip mined lands CREATED IN SECTION 7,944
1513.29 OF THE REVISED CODE, under which the state or its agents 7,945
may enter the land to reclaim it at state expense with moneys 7,946
from the unreclaimed lands fund created by section 1513.30 of the 7,947
Revised Code by establishing vegetative cover and substantially 7,948
reducing or eliminating erosion, sedimentation, landslides, 7,949
pollution, accumulation or discharge of acid water, flooding, and 7,950
damage to adjacent property. The agreement may include 7,951
provisions pertaining to liability for damages and any other 7,952
provisions necessary or desirable to achieve the purposes of this 7,953
section.
If the chief makes a finding of fact that land or water 7,955
resources have been adversely affected by past coal mining 7,956
practices; if the adverse effects are at a stage where, in the 7,957
public interest, action to restore, reclaim, abate, control, or 7,958
prevent the adverse effects should be taken; and if the owners of
the affected land or water resources either are not known or 7,959
readily available or will not give permission for the state, 7,960
political subdivisions, or their agents, employees, or 7,961
182
contractors to enter on the property to restore, reclaim, abate, 7,962
control, or prevent the adverse effects, the chief or the chief's 7,963
agents, employees, or contractors may enter on the affected 7,964
property in order to do all things necessary or expedient to 7,965
restore, reclaim, abate, control, or prevent the adverse effects. 7,966
Prior to entering on the property, the chief or the chief's 7,968
agents, employees, or contractors shall give notice by mail to 7,969
the owners, if known, or, if not known, by posting notice on the 7,970
premises and advertising once in a newspaper of general 7,971
circulation in the county or municipal corporation in which the 7,972
land lies. Such an entry shall be construed as an exercise of 7,973
the police power for the protection of public health, safety, and 7,974
welfare and shall not be construed as an act of condemnation of 7,975
property or of trespass. The moneys expended for the work and
the benefits accruing to any premises so entered upon shall be 7,977
chargeable against land and shall mitigate or offset any claim in 7,978
or any action brought by any owner of any interest in the
premises for any alleged damages by virtue of the entry. This 7,979
provision is not intended to create new rights of action or 7,980
eliminate existing immunities.
Each agreement entered into pursuant to this section shall 7,982
contain provisions for the reimbursement of a portion of the 7,983
costs of the reclamation that is commensurate with the increase 7,984
in the fair market value of the property attributable to the 7,985
reclamation work thereon, as determined by appraisals made before 7,986
and after reclamation in the manner stated in the agreement, 7,987
unless the determination discloses an increase in value that is 7,988
insubstantial. For reimbursement of the portion, the agreement 7,989
may include provisions for any of the following: 7,990
(A) Public use for soil, water, forest, or wildlife 7,992
conservation or public recreation purposes; 7,993
(B) Payment to the state of the share of the income from 7,995
the crops or timber produced on the land that is stated in the 7,996
agreement; 7,997
183
(C) Imposition of a lien in the amount of the increase in 7,999
fair market value payable upon transfer or conveyance of the 8,000
property to a new owner. All such reimbursements and payments 8,001
shall be credited to the unreclaimed lands fund. 8,002
(D) Payment to the state in cash of the amount of the 8,004
increase in fair market value, payable upon completion of the 8,005
reclamation. 8,006
For the purpose of selecting lands to be reclaimed within 8,008
the boundaries of approved project areas, the chief shall consult 8,009
the owners of unreclaimed lands, may consult with local 8,010
officials, civic and professional organizations, and interested 8,011
individuals, and shall consider the feasibility, cost, and public 8,012
benefits of reclaiming particular lands, their potential for 8,013
being mined, and the availability of federal or other assistance 8,014
for reclamation. Before entering into the agreement, the chief 8,015
shall prepare or approve a detailed plan with topographic maps 8,016
indicating the reclamation improvements to be made. The plan may 8,017
include improvements recommended by the owner, but may not 8,018
include improvements that the chief finds are not necessary to 8,019
establish vegetative cover or substantially reduce or eliminate 8,020
erosion, sedimentation, landslides, pollution, accumulation or 8,021
discharge of acid water, flooding, or damage to adjacent 8,022
property. 8,023
With the approval of the director and upon entering into 8,025
the agreement with the owner, the chief may carry out the plan of 8,026
reclamation or any part thereof with the employees and equipment 8,027
of any division of the department of natural resources, or the 8,028
chief may carry out the plan or any part thereof by contracting 8,030
therefor.
The chief, with the approval of the director and written 8,033
consent of the owner, may enter into a contract with an operator 8,034
mining adjacent land under a current, valid permit to carry out 8,035
the plan of reclamation on the unreclaimed land or any part of 8,036
the plan without advertising for bids. Contracts entered into 8,037
184
with operators mining adjacent land shall ARE not be subject to 8,038
division (B) of section 127.16 of the Revised Code.
The chief shall require every operator mining adjacent land 8,040
who performs reclamation work pursuant to this section to pay 8,041
workers at the greater of their regular rate of pay, as 8,042
established by contract, agreement, or prior custom or practice, 8,043
or the average wage rate paid in this state for the same or 8,044
similar work performed in the same or similar locality by private 8,045
companies doing their own reclamation work. Each contract 8,046
awarded by the chief to other than an operator mining adjacent 8,047
land shall be awarded to the lowest responsible bidder after 8,048
sealed bids are received, opened, and published at the time and 8,049
place fixed by the chief. The chief shall publish notice of the 8,050
time and place at which bids will be received, opened, and 8,051
published, at least once at least ten days before the date of the 8,052
opening of the bids, in a newspaper of general circulation in the 8,053
county in which the area of land to be reclaimed under the 8,054
contract is located. If, after so advertising for bids, no bids 8,055
are received by the chief at the time and place fixed for 8,056
receiving them, the chief may advertise again for bids, or, if 8,058
the chief considers the public interest will be best served, the 8,060
chief may enter into a contract for the reclamation of the area 8,061
of land without further advertisement for bids. The chief may 8,062
reject all bids received and again publish notice of the time and 8,063
place at which bids for contracts will be received, opened, and 8,064
published. The chief, with the approval of the director and 8,065
written consent of the owner, may enter into a contract with a 8,066
licensed mine operator mining adjacent land under a valid permit 8,067
to carry out the plan of reclamation on the unreclaimed land or 8,068
any part of the plan without advertising for bids. 8,069
Sec. 1513.28. The chief of the division of mines and 8,078
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 8,080
the director of natural resources, may make grants of moneys from 8,081
the unreclaimed lands fund created by section 1513.30 of the 8,082
185
Revised Code for the payment by the state of up to seventy-five 8,083
per cent of the reasonable and necessary reclamation expenses 8,084
incurred by the owner of any unreclaimed land affected by mining 8,085
before April 10, 1972, or pursuant to a license issued before 8,086
April 10, 1972, that causes or may cause pollution of the waters 8,087
of the state or damage to adjacent property, is not likely to be 8,088
mined in the foreseeable future, and lies within the boundaries 8,089
of a project area approved by the council on unreclaimed strip 8,090
mined lands CREATED IN SECTION 1513.29 OF THE REVISED CODE, in 8,091
accordance with a plan of reclamation approved by the chief. 8,093
The owner shall submit application for a grant on forms 8,095
furnished by the division, together with detailed plans and 8,096
topographic maps indicating the reclamation improvements to be 8,097
made, an itemized estimate of the project's cost, a description 8,098
of the project's benefits, and such other information as the 8,099
chief prescribes. The plan of reclamation may be prepared in 8,100
consultation with a local soil and water conservation district. 8,101
The chief may award the applicant a grant only after 8,103
finding that the proposed reclamation work will establish 8,105
vegetative cover and substantially reduce or eliminate erosion, 8,106
sedimentation, landslides, pollution, accumulation or discharge 8,107
of acid water, flooding, and damage to adjacent property. 8,108
For the purpose of establishing priorities for awarding 8,110
grants under this section and section 1513.31 of the Revised 8,111
Code, the chief shall consider each project's feasibility, cost, 8,112
and public benefits of reclaiming the particular land, its 8,113
potential for being mined, and the availability of federal or 8,114
other financial assistance for reclamation. 8,115
The chief shall determine the amount of a grant under this 8,117
section based upon the chief's determination of what constitutes 8,119
reasonable and necessary expenses actually incurred for 8,120
establishing vegetative cover, substantially reducing or 8,121
eliminating erosion, sedimentation, landslides, pollution, 8,122
accumulation or discharge of acid water, flooding, or damage to 8,123
186
adjacent property, and preparing the plan of reclamation. The 8,124
owner may elect to have other improvements made concurrently, but 8,125
in no event shall any part of the grant be made for such other 8,126
improvements, and in no event shall the amount of the grant 8,127
exceed seventy-five per cent of the total amount, determined by 8,128
the chief, of what constitutes reasonable and necessary expenses 8,129
actually incurred for the reclamation measures listed in this 8,130
section. 8,131
The chief shall enter into a contract for funding with each 8,133
applicant awarded a grant to ensure that the moneys granted are 8,134
used for the purposes of this section and that the reclamation 8,135
work is properly done. The final payment may not be made until 8,136
the chief inspects and approves the completed reclamation work. 8,137
Each such contract shall contain provisions for the 8,139
reimbursement of a portion of the costs of the reclamation that 8,140
is commensurate with the increase in the fair market value of the 8,141
property attributable to the reclamation work thereon, as 8,142
determined by appraisals made before and after reclamation in the 8,143
manner stated in the agreement, unless such determination 8,144
discloses an increase in value that is insubstantial in 8,145
comparison to the benefits to the public from the abatement of 8,146
pollution or prevention of damage to adjacent property, 8,147
considering the applicant's share of the reclamation cost. For 8,148
reimbursement of such portion, the contract may include 8,149
provisions for: 8,150
(A) Public use for soil, water, forest, or wildlife 8,152
conservation or public recreation purposes; 8,153
(B) Payment to the state of the share of the income from 8,155
the crops or timber produced on the land that is stated in the 8,156
agreement; 8,157
(C) Imposition of a lien in the amount of the increase in 8,159
fair market value payable upon transfer or conveyance of the 8,160
property to a new owner; 8,161
(D) Payment to the state in cash in the amount of the 8,163
187
increase in fair market value, payable upon completion of the 8,164
reclamation. 8,165
All such reimbursements and payments shall be credited to 8,167
the unreclaimed lands fund. 8,168
Not more than forty per cent of the money credited to the 8,170
fund during the preceding calendar year may be expended during a 8,171
calendar year for grants under this section. 8,172
The chief shall require every landowner performing 8,174
reclamation work pursuant to this section to pay workers at the 8,175
greater of their regular rate of pay, as established by contract, 8,176
agreement, or prior custom or practice, or the average wage rate 8,177
in this state for the same or similar work performed in the same 8,178
or similar locality by private companies doing their own 8,179
reclamation work. 8,180
Sec. 1513.29. There is hereby created the council on 8,189
unreclaimed strip mined lands. Its members are the chief of the 8,190
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,191
four persons appointed by the director of natural resources, two 8,193
members of the house of representatives appointed by the speaker 8,194
of the house of representatives, one member of the house of 8,195
representatives appointed by the minority leader of the house of 8,196
representatives, two members of the senate appointed by the 8,197
president of the senate, and one member of the senate appointed 8,198
by the minority leader of the senate.
Members who are members of the general assembly shall serve 8,200
terms of four years or until their legislative terms end, 8,201
whichever is sooner. Members appointed by the director shall 8,202
serve terms of four years, except that the terms of the first 8,203
four members shall be for two and four years, as designated by 8,204
the director. Any vacancy in the office of a member of the 8,205
council shall be filled by the appointing authority for the 8,206
unexpired term of the member whose office will be vacant. The 8,207
appointing authority may at any time remove a member of the 8,208
council for misfeasance, nonfeasance, malfeasance, or conflict of 8,209
188
interest in office. 8,210
The council shall hold at least four regular quarterly 8,212
meetings each year. Special meetings may be held at the call of 8,213
the chairperson or a majority of the members. The council shall 8,215
annually elect from among its members a chairperson, a 8,216
vice-chairperson, and a secretary to keep a record of its 8,218
proceedings.
The council shall gather information, study, and make 8,220
recommendations concerning the number of acres, location, 8,221
ownership, condition, environmental damage resulting from the 8,222
condition, cost of acquiring, reclaiming, and possible future 8,223
uses and value of eroded lands within the state, including land 8,224
affected by strip mining for which no cash is held in the strip 8,225
mining reclamation fund. 8,226
The council may employ such staff and hire such consultants 8,228
as necessary to perform its duties. Members appointed by the 8,229
director and, notwithstanding section 101.26 of the Revised Code, 8,230
members who are members of the general assembly, when engaged in 8,231
their official duties as members of the council, shall be 8,232
compensated on a per diem basis in accordance with division (J) 8,233
of section 124.15 of the Revised Code. Members shall be 8,234
reimbursed for their necessary expenses. Expenses incurred by 8,235
the council and compensation provided under this section shall be 8,237
paid by the chief of the division of mines and reclamation 8,238
MINERAL RESOURCES MANAGEMENT from the unreclaimed lands fund 8,241
created in section 1513.30 of the Revised Code.
The council shall report its findings and recommendations 8,243
to the governor and the general assembly not later than January 8,244
1, 1974, and biennially thereafter. 8,245
Sec. 1513.30. There is hereby created in the state 8,254
treasury the unreclaimed lands fund, to be administered by the 8,255
chief of the division of mines and reclamation MINERAL RESOURCES 8,256
MANAGEMENT and used for the purpose of reclaiming land, public or 8,258
private, affected by mining, or controlling mine drainage, for 8,259
189
which no cash is held in the reclamation forfeiture fund created 8,260
in section 1513.18 of the Revised Code or the surface mining 8,262
reclamation fund created in section 1514.06 of the Revised Code 8,263
and also for the purpose of paying the expenses and compensation 8,264
of the council on unreclaimed strip mined lands as required by 8,265
section 1513.29 of the Revised Code.
In order to direct expenditures from the unreclaimed lands 8,267
fund toward reclamation projects that fulfill priority needs and 8,268
provide the greatest public benefits, the chief periodically 8,270
shall submit to the council project proposals to be financed from 8,271
the unreclaimed lands fund, together with benefit and cost data 8,272
and other pertinent information. For the purpose of selecting 8,273
project areas and determining the boundaries of project areas, 8,274
the council shall consider the feasibility, cost, and public 8,275
benefits of reclaiming the areas, their potential for being 8,276
mined, the availability of federal or other financial assistance 8,277
for reclamation, and the geographic distribution of project areas 8,278
to ensure fair distribution among affected areas. 8,279
The council shall give priority to areas where there is 8,281
little or no likelihood of mining within the foreseeable future, 8,284
reclamation is feasible at reasonable cost with available funds, 8,285
and either of the following applies:
(A) The pollution of the waters of the state and damage to 8,287
adjacent property are most severe and widespread; 8,288
(B) Reclamation will make possible public uses for soil, 8,290
water, forest, or wildlife conservation or public recreation 8,291
purposes, will facilitate orderly commercial or industrial site 8,292
development, or will facilitate the use or improve the enjoyment 8,293
of nearby public conservation or recreation lands. 8,294
At least two weeks before any meeting of the council on 8,296
unreclaimed strip mined lands at which the chief will submit a 8,297
project proposal, a project area will be selected, or the 8,298
boundaries of a project area will be determined, the chief shall 8,299
mail notice by first class mail to the board of county 8,300
190
commissioners of the county and the board of township trustees of 8,301
the township in which the proposed project lies and the chief 8,302
executive and the legislative authority of each municipal 8,303
corporation within the proposed project area. The chief also 8,305
shall give reasonable notice to the news media in the county
where the proposed project lies. 8,306
Expenditures from the unreclaimed lands fund for 8,308
reclamation projects may be made only for projects that are 8,309
within the boundaries of project areas approved by the council, 8,310
and expenditures for a particular project may not exceed any 8,311
applicable limits set by the council. Expenditures from the 8,312
unreclaimed lands fund shall be made by the chief, with the 8,313
approval of the director of natural resources. 8,314
The controlling board may transfer excess funds from the 8,316
oil and gas well fund created in section 1509.02 of the Revised 8,317
Code, after recommendation by the council on unreclaimed strip 8,319
mined lands, to meet deficiencies in the unreclaimed lands fund. 8,320
The chief may expend an amount not to exceed twenty per 8,322
cent of the moneys credited annually by the treasurer of state to 8,323
the unreclaimed lands fund for the purpose of administering the 8,324
unreclaimed lands fund. 8,325
The chief may engage in cooperative projects under this 8,327
section with any agency of the United States, appropriate state 8,328
agencies, or state universities or colleges as defined in section 8,329
3345.27 of the Revised Code and may transfer money from the fund, 8,331
with the approval of the council, to other appropriate state 8,332
agencies or to state universities or colleges in order to carry 8,333
out the reclamation activities authorized by this section.
Sec. 1513.31. For the purpose of promoting local or 8,342
regional economic or community development, the chief of the 8,343
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,344
with the approval of the director of natural resources, may make 8,346
grants of money from the unreclaimed lands special account FUND 8,347
created by section 1513.30 of the Revised Code for the payment by 8,349
191
the state of up to seventy-five per cent of the reasonable and 8,350
necessary expenses incurred by a political subdivision, community 8,351
improvement corporation incorporated under Chapter 1724. of the 8,352
Revised Code, or other nonprofit corporation incorporated under 8,353
Chapter 1702. of the Revised Code for the reclamation of any 8,354
unreclaimed land affected by mining before April 10, 1972, or 8,355
pursuant to a license issued before April 10, 1972, that is owned 8,356
by the political subdivision or corporation, is to be reclaimed 8,357
for the purpose of commercial or industrial site development by 8,358
the political subdivision or corporation or the development of 8,359
recreational facilities by the political subdivision, and lies 8,360
within the boundaries of a project area approved by the council 8,361
on unreclaimed strip mined lands, in accordance with a plan of 8,363
reclamation approved by the chief.
The owner shall submit an application for a grant on forms 8,365
furnished by the division OF MINERAL RESOURCES MANAGEMENT 8,366
together with detailed plans and topographic maps indicating the 8,368
reclamation improvements to be made, an itemized estimate of the 8,369
project's cost, a description of the project's benefits, and such 8,370
other information as the chief prescribes. The chief may award 8,371
the applicant a grant only after finding that the proposed 8,372
reclamation work will render the unreclaimed land suitable for 8,374
commercial, industrial, or, if the land is owned by a political 8,375
subdivision, recreational site development and will substantially 8,376
reduce or eliminate the damage, if any, to adjacent property that 8,377
is or may be caused by the condition of the unreclaimed land. 8,378
The chief shall determine the amount of the grant based 8,380
upon the chief's determination of what constitutes reasonable and 8,382
necessary expenses actually incurred for preparing the plan of 8,383
reclamation; preparing the unreclaimed land for commercial, 8,384
industrial, or, in the case of land owned by a political 8,385
subdivision, recreational site development, including 8,386
backfilling, grading, resoiling, planting, or other work to 8,387
restore the land to a condition suitable for such development; 8,388
192
and, if the condition of the unreclaimed land so requires, 8,389
establishing vegetative cover or substantially reducing or 8,390
eliminating erosion, sedimentation, landslides, pollution, 8,391
accumulation or discharge of acid water, flooding, or damage to 8,392
adjacent property. The owner may have other improvements made 8,393
concurrently with the reclamation work, but shall not spend any 8,394
part of the grant for such other improvements. No grant shall 8,395
exceed seventy-five per cent of the total amount, as determined 8,396
by the chief, of what constitutes reasonable and necessary 8,397
expenses actually incurred for the reclamation measures listed in 8,398
this section. 8,399
The chief shall enter into a contract for funding with each 8,401
applicant awarded a grant in order to ensure that the moneys 8,402
granted are used for the purposes of this section and that the 8,403
reclamation work is properly done. The final payment under a 8,404
grant may not be made until the chief inspects and approves the 8,405
completed reclamation work. 8,406
Sec. 1513.32. For the purpose of promoting local or 8,415
regional economic or community development, the chief of the 8,416
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,417
with the approval of the director of natural resources, may enter 8,419
into a written agreement, which may be in the form of a contract, 8,420
with a political subdivision, community improvement corporation 8,421
incorporated under Chapter 1724. of the Revised Code, or other 8,422
nonprofit corporation incorporated under Chapter 1702. of the 8,423
Revised Code that owns any unreclaimed land affected by mining 8,424
before April 10, 1972, or pursuant to a license issued before 8,425
April 10, 1972, under which the state or its agents may enter 8,426
upon the land to reclaim it at state expense with moneys from the 8,427
unreclaimed lands fund created by section 1513.30 of the Revised 8,428
Code for the purpose of commercial or industrial site development 8,429
if the land is owned by a political subdivision or corporation or 8,430
the development of recreational facilities if the land is owned 8,431
by a political subdivision. The agreement may include provisions 8,432
193
pertaining to liability for damages and any other provisions 8,433
necessary or desirable to achieve the purposes of this section. 8,434
For the purpose of selecting lands to be reclaimed for 8,436
commercial, industrial, or, if the lands are owned by a political 8,437
subdivision, recreational site development, the chief shall 8,438
consult with the owners of unreclaimed lands and with local 8,439
officials, civic and professional organizations, and interested 8,440
individuals and shall consider the feasibility, cost, and public 8,441
benefits of reclaiming particular lands and the availability of 8,442
federal or other assistance for the reclamation. The chief shall 8,443
select for reclamation under this section only lands that lie 8,444
within the boundaries of a project area approved by the council 8,446
on unreclaimed strip mined lands. 8,447
Before entering into the agreement, the chief shall prepare 8,449
or approve a detailed plan with topographic maps indicating the 8,450
reclamation improvements to be made, an itemized estimate of the 8,451
project's cost, a description of the project's benefits, and such 8,452
other information as the chief considers appropriate. The plan 8,453
shall include only reclamation work that is necessary to render 8,454
the unreclaimed land suitable for commercial, industrial, or, if 8,455
the land is owned by a political subdivision, recreational site 8,456
development and will substantially reduce or eliminate the 8,457
damage, if any, to adjacent property that is or may be caused by 8,458
the condition of the unreclaimed land. The plan may include 8,459
improvements recommended by the owner, but may not include any 8,460
improvements that the chief finds are not necessary to prepare 8,461
the unreclaimed land for commercial, industrial, or, if the land 8,462
is owned by a political subdivision, recreational site 8,463
development, or if the condition of the unreclaimed land so 8,464
requires, are not necessary to establish vegetative cover or 8,465
substantially reduce or eliminate erosion, sedimentation, 8,466
landslides, pollution, accumulation or discharge of acid water, 8,467
flooding, or damage to adjacent property. 8,468
With the approval of the director and upon entering into an 8,470
194
agreement with the owner, the chief may carry out the plan of 8,471
reclamation or any part thereof with the employees or equipment 8,472
of the department, or the chief may carry out the plan or any 8,473
part thereof by contracting therefor in accordance with the 8,475
procedures prescribed in section 1513.27 of the Revised Code. 8,476
The chief shall keep an itemized record of the state's expense in 8,477
carrying out the plan. 8,478
Expenditure of not more than twenty per cent of the moneys 8,480
credited to the unreclaimed lands fund during the preceding 8,481
fiscal year may be approved by the council on unreclaimed strip 8,483
mined lands during a fiscal year for conducting reclamation 8,484
projects under this section and for making grants under section 8,485
1513.31 of the Revised Code, provided that such expenditures are 8,486
primarily for the pollution abatement purposes of section 1513.30 8,487
of the Revised Code. 8,488
Sec. 1513.33. The amount of any grant to a community 8,497
improvement corporation or nonprofit corporation made under 8,498
section 1513.31 of the Revised Code or the state's expenses 8,499
incurred in reclaiming unreclaimed land owned by a community 8,500
improvement corporation or nonprofit corporation under section 8,501
1513.32 of the Revised Code shall constitute a loan by the state 8,502
to the corporation. Entry into a grant contract under section 8,503
1513.31 of the Revised Code or into a reclamation agreement under 8,504
section 1513.32 of the Revised Code by the chief of the division 8,505
of mines and reclamation MINERAL RESOURCES MANAGEMENT constitutes 8,507
the designation of the community improvement corporation or 8,509
nonprofit corporation as the state's agent for the commercial or 8,510
industrial development of the land named in the contract or 8,511
agreement.
Each grant contract under section 1513.31 of the Revised 8,513
Code or reclamation agreement under section 1513.32 of the 8,514
Revised Code shall include terms for repayment of the grant or 8,515
reimbursement of the state for its reclamation expenses, which 8,516
shall require repayment of the loan in full upon the first sale, 8,517
195
lease, or rental of the land reclaimed under the contract or 8,518
agreement if the entire parcel of reclaimed land is sold, leased, 8,519
or rented. If the corporation establishes a business enterprise 8,520
on the entire parcel of reclaimed land, the contract shall 8,521
require repayment of the loan in full upon the commencement of 8,522
operation of the business enterprise. If the reclaimed land is 8,523
sold, leased, or rented in portions or the corporation 8,524
establishes a business enterprise on any portion of the reclaimed 8,525
land, the contract or agreement shall require repayment of that 8,526
portion of the loan that corresponds to the portion of the 8,527
reclaimed land sold, leased, or rented upon the first sale, 8,528
lease, or rental of that portion, or upon commencement of 8,529
operation of the business enterprise on that portion, by the 8,530
corporation in the proportion that the acreage of the reclaimed 8,531
land sold, leased, rented, or used in business by the corporation 8,532
bears to the total acreage of land reclaimed under the contract 8,533
or agreement. 8,534
To secure repayment of the moneys granted under section 8,536
1513.31 of the Revised Code or of the state's reclamation 8,537
expenses under section 1513.32 of the Revised Code to or on 8,538
behalf of a community improvement corporation or nonprofit 8,539
corporation, the state shall have a lien on the land owned by the 8,540
corporation that is land reclaimed under section 1513.31 or 8,541
1513.32 of the Revised Code equal to the amount of the grant made 8,542
under section 1513.31 of the Revised Code or to the state's 8,543
expenses incurred in reclaiming the land under section 1513.32 of 8,544
the Revised Code. Within thirty days after the final grant 8,545
payment is made under section 1513.31 of the Revised Code or 8,546
after the completion of the reclamation work under section 8,547
1513.32 of the Revised Code, the chief shall cause to be recorded 8,548
in the office of the county recorder of the county in which the 8,549
reclaimed land is located a statement that shall contain an 8,550
itemized accounting of the grant paid under section 1513.31 of 8,551
the Revised Code or an itemized record of the state's expenses 8,552
196
incurred in reclaiming the land under section 1513.32 of the 8,553
Revised Code. The statement shall constitute a notice of lien 8,554
and operate as of the date of delivery as a lien on the land 8,555
reclaimed in the amount of the grant moneys paid out or the 8,556
reclamation expenses incurred by the state and shall have 8,557
priority as a lien second only to the lien of real property taxes 8,558
imposed upon the land. The notice of lien and the lien shall not 8,560
be valid as against any mortgagee, pledgee, purchaser, or 8,561
judgment creditor whose rights have attached prior to the date of 8,562
filing of the statement by the chief or to any prior or 8,563
subsequent lien for real property taxes imposed pursuant to 8,564
section 5719.04 of the Revised Code.
The county recorder shall record and index the chief's 8,566
statement, under the name of the state and the corporation, in 8,567
the records of mechanic's liens maintained by the recorder's 8,568
office. The county recorder shall impose no charge for the 8,569
recording or indexing of the statement. If the land is 8,570
registered, the county recorder shall make a notation and enter a 8,572
memorial of the lien upon the page of the register in which the 8,573
last certificate of title to the land is registered, stating the 8,574
name of the claimant, amount claimed, volume and page of the 8,575
record where recorded, and exact time the memorial was entered. 8,576
The lien shall continue in force so long as any portion of 8,578
the amount granted under section 1513.31 of the Revised Code or 8,579
the state's reclamation expenses incurred under section 1513.32 8,580
of the Revised Code remains unpaid. Upon repayment in full of 8,581
those moneys or expenses, the chief promptly shall issue a 8,582
certificate of release of the lien. Upon presentation of the 8,583
certificate of release, the county recorder of the county where 8,584
the lien is recorded shall record the lien as having been 8,585
discharged.
A lien imposed under this section shall be foreclosed upon 8,587
the substantial failure of a corporation to repay any portion of 8,588
the amount granted under section 1513.31 of the Revised Code or 8,589
197
the state's reclamation expenses incurred under section 1513.32 8,590
of the Revised Code in accordance with the terms of the grant 8,591
contract or reclamation agreement. Before foreclosing any lien 8,592
under this section, the chief shall make a written demand upon 8,593
the corporation to comply with the repayment terms of the 8,594
contract or agreement. If the corporation does not pay the 8,595
amount due within sixty days, the chief shall refer the matter to 8,596
the attorney general, who shall institute a civil action to 8,597
foreclose the lien of the state. 8,598
All moneys collected from loan repayments and lien 8,600
foreclosures under this section shall be credited to the 8,601
unreclaimed lands fund created by section 1513.30 of the Revised 8,602
Code. 8,603
Sec. 1513.34. The chief of the division of mines and 8,612
reclamation MINERAL RESOURCES MANAGEMENT shall provide education 8,614
and training for inspection officers MINERAL RESOURCES 8,615
INSPECTORS, district supervisors, and enforcement personnel. The 8,616
chief shall provide adequate training and education as necessary 8,617
for all persons appointed as inspection officers MINERAL 8,618
RESOURCES INSPECTORS during their provisional status. The chief 8,619
shall provide, on a regular basis as funding allows, continuing 8,620
education and training as necessary for all inspection officers 8,621
MINERAL RESOURCES INSPECTORS, district supervisors, and 8,622
enforcement personnel.
Sec. 1513.35. (A) In addition to the other requirements 8,631
of Chapter 1513. of the Revised Code THIS CHAPTER, each permit 8,632
issued by the chief of the division of mines and reclamation 8,634
MINERAL RESOURCES MANAGEMENT under section 1513.07 of the Revised 8,636
Code for underground coal mining shall require the operator to: 8,637
(1) Implement measures consistent with known technology in 8,639
order to prevent subsidence from causing material damage to the 8,640
extent technologically and economically feasible, maximize mine 8,641
stability, and maintain the value and reasonably foreseeable use 8,642
of such surface lands, except in those instances where the mining 8,643
198
technology used requires planned subsidence in a predictable and 8,644
controlled manner. This section does not prohibit the standard 8,645
method of room and pillar mining. 8,646
(2) Seal all portals, entryways, drifts, shafts, or other 8,648
openings between the surface and underground mine workings when 8,649
no longer needed for mining operations; 8,650
(3) Fill or seal exploratory holes no longer necessary for 8,652
mining, maximizing to the extent technologically and economically 8,653
feasible the return of mining and processing waste, tailings, and 8,654
any other waste incident to the mining operation, to the mine 8,655
workings or excavations; 8,656
(4) With respect to the surface disposal of mine wastes, 8,658
tailings, coal processing wastes, and other wastes in areas other 8,659
than the mine workings or excavations, stabilize all surface 8,660
waste piles created by the operator from current operations 8,661
through construction in compacted layers, including the use of 8,662
noncombustible and impervious materials if necessary, and ensure 8,663
that the leachate will not degrade below water quality standards 8,664
established pursuant to applicable federal and state law surface 8,665
or ground waters, that the final contour of the waste pile will 8,666
be compatible with natural surroundings, and that the site is 8,667
stabilized and revegetated according to this section; 8,668
(5) Design, locate, construct, operate, maintain, enlarge, 8,670
modify, and remove or abandon, in accordance with rules adopted 8,671
by the chief, all existing and new coal mine waste piles 8,672
consisting of mine wastes, tailings, coal processing wastes, or 8,673
other liquid and solid wastes and used either temporarily or 8,674
permanently as dams or embankments; 8,675
(6) Establish on regraded areas and all other lands 8,677
affected, a diverse and permanent vegetative cover capable of 8,678
self-regeneration and plant succession and at least equal in 8,679
extent of cover to the natural vegetation of the area; 8,680
(7) Protect offsite areas from damage that may result from 8,682
such mining operations; 8,683
199
(8) Eliminate fire hazards and conditions that may 8,685
constitute a hazard to the health and safety of the public; 8,686
(9) Minimize the disturbances of the prevailing hydrologic 8,688
balance at the minesite and in associated offsite areas and to 8,689
the quantity of water in surface and ground water systems both 8,690
during and after coal mining operations and during reclamation 8,691
by: 8,692
(a) Avoiding acid or other toxic mine drainage by such 8,694
measures as, but not limited to: 8,695
(i) Preventing or removing water from contact with toxic 8,697
producing deposits; 8,698
(ii) Treating drainage to reduce toxic content that 8,700
adversely affects downstream water upon being released to water 8,701
courses; 8,702
(iii) Casing, sealing, or otherwise managing boreholes, 8,704
shafts, and wells to keep acid or other toxic drainage from 8,705
entering ground and surface waters. 8,706
(b) Conducting coal mining operations so as to prevent, to 8,708
the extent possible using the best technology currently 8,709
available, additional contributions of suspended solids to 8,710
streamflow or runoff outside the permit area, but in no event 8,711
shall such contributions be in excess of requirements set by 8,712
applicable state or federal law, and avoiding channel deepening 8,713
or enlargement in operations requiring the discharge of water 8,714
from mines. 8,715
(10) With respect to other surface impacts not specified 8,717
in this division, including the construction of new roads or in 8,718
improvement or use of existing roads for hauling or to gain 8,719
access to the site, repair areas, storage areas, processing 8,720
areas, shipping areas, or other areas upon which are sited 8,721
structures, facilities, or other property or materials on the 8,722
surface, resulting from or incident to such activities, operate 8,723
in accordance with the standards established under section 8,724
1513.16 of the Revised Code for such effects that result from 8,725
200
coal mining operations. The chief shall make such modifications 8,726
in the requirements imposed by this division as are necessary to 8,727
accommodate the difference between strip and underground coal 8,728
mining. 8,729
(11) Minimize disturbances and adverse impacts of the 8,731
operation on wildlife, fish, and related environmental values, 8,732
and achieve enhancement of such resources where practicable, to 8,733
the extent possible using the best currently available 8,734
technology; 8,735
(12) Locate openings for all new drift mines working 8,737
acid-producing or iron-producing coal seams in such a manner so 8,738
as to prevent a gravity discharge of water from the mine in 8,739
accordance with rules adopted by the chief. 8,740
(B) In order to protect the stability of the land, the 8,742
chief shall suspend underground coal mining under urbanized 8,743
areas, municipal corporations, or unincorporated communities or 8,744
adjacent to industrial or commercial buildings, major 8,745
impoundments, or permanent streams, if he THE CHIEF finds 8,746
imminent danger to inhabitants of the urbanized areas, municipal 8,747
corporations, and unincorporated communities. 8,748
(C) The provisions of Chapter 1513. of the Revised Code 8,750
shall be THIS CHAPTER IS applicable to surface operations and 8,751
surface impacts incident to an underground coal mine with 8,753
modifications as are necessary to accommodate the difference 8,754
between surface coal mining and underground coal mining. The 8,755
chief shall adopt the modifications by rule in accordance with 8,756
section 1513.02 and Chapter 119. of the Revised Code. 8,757
Sec. 1513.36. In order to encourage advances in mining and 8,766
reclamation practices or to allow post-mining land use for 8,767
industrial, commercial, residential, agricultural, or public use, 8,768
including recreational facilities, the chief of the division of 8,769
mines and reclamation MINERAL RESOURCES MANAGEMENT, with approval 8,770
by the secretary of the United States department of the interior, 8,772
may authorize departures in individual cases on an experimental 8,773
201
basis from the environmental performance standards set forth in 8,774
this chapter. Such departures may be authorized if: 8,775
(A) The experimental practices are potentially more or at 8,777
least as environmentally protective, during and after mining 8,778
operations, as those required under Chapter 1513. of the Revised 8,779
Code THIS CHAPTER and rules adopted thereunder; 8,780
(B) The mining operations approved for particular land use 8,782
or other purposes are not larger or more numerous than necessary 8,783
to determine the effectiveness and economic feasibility of the 8,784
experimental practice; 8,785
(C) The experimental practices do not reduce the 8,787
protection afforded public health and safety below that provided 8,788
under Chapter 1513. of the Revised Code THIS CHAPTER and rules 8,789
adopted thereunder. 8,791
Sec. 1513.37. (A) There is hereby created in the state 8,800
treasury the abandoned mine reclamation fund, which shall be 8,801
administered by the chief of the division of mines and 8,802
reclamation MINERAL RESOURCES MANAGEMENT. The fund shall consist 8,804
of grants from the secretary of the interior from the federal 8,805
abandoned mine reclamation fund established by Title IV of the 8,807
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 8,808
445, 30 U.S.C.A. 1201, regulations adopted under it, and 8,809
amendments to the act and regulations. Expenditures from the 8,811
abandoned mine reclamation fund shall be made by the chief for 8,812
the following purposes:
(1) Reclamation and restoration of land and water 8,814
resources adversely affected by past coal mining, including, but 8,815
not limited to, reclamation and restoration of abandoned strip 8,816
mine areas, abandoned coal processing areas, and abandoned coal 8,817
refuse disposal areas; sealing and filling of abandoned deep mine 8,818
entries and voids; planting of land adversely affected by past 8,819
coal mining; prevention of erosion and sedimentation; prevention, 8,820
abatement, treatment, and control of water pollution created by 8,821
coal mine drainage, including restoration of streambeds and 8,822
202
construction and operation of water treatment plants; prevention, 8,823
abatement, and control of burning coal refuse disposal areas and 8,824
burning coal in situ; and prevention, abatement, and control of 8,825
coal mine subsidence; 8,826
(2) Acquisition and filling of voids and sealing of 8,828
tunnels, shafts, and entryways of noncoal lands; 8,829
(3) Acquisition of land as provided for in this section; 8,831
(4) Administrative expenses incurred in accomplishing the 8,833
purposes of this section; 8,834
(5) All other necessary expenses to accomplish the 8,836
purposes of this section. 8,837
(B) Expenditures of moneys from the fund on land and water 8,839
eligible pursuant to division (C) of this section shall reflect 8,840
the following priorities in the order stated: 8,841
(1) The protection of public health, safety, general 8,843
welfare, and property from extreme danger of adverse effects of 8,844
coal mining practices; 8,845
(2) The protection of public health, safety, and general 8,847
welfare from adverse effects of coal mining practices; 8,848
(3) The restoration of land and water resources and the 8,850
environment previously degraded by adverse effects of coal mining 8,851
practices, including measures for the conservation and 8,852
development of soil and water (excluding channelization), 8,853
woodland, fish and wildlife, recreation resources, and 8,854
agricultural productivity; 8,855
(4) Research and demonstration projects relating to the 8,857
development of coal mining reclamation and water quality control 8,858
program methods and techniques; 8,859
(5) The protection, repair, replacement, construction, or 8,861
enhancement of public facilities such as utilities, roads, 8,862
recreation facilities, and conservation facilities adversely 8,863
affected by coal mining practices; 8,864
(6) The development of publicly owned land adversely 8,866
affected by coal mining practices, including land acquired as 8,867
203
provided in this section for recreation and historic purposes, 8,868
conservation and reclamation purposes, and open space benefits. 8,869
(C)(1) Lands and water eligible for reclamation or 8,871
drainage abatement expenditures under this section are those that 8,872
were mined for coal or were affected by such mining, wastebanks, 8,873
coal processing, or other coal mining processes and that meet one 8,874
of the following criteria: 8,875
(a) Are lands that were abandoned or left in an inadequate 8,878
reclamation status prior to August 3, 1977, and for which there 8,879
is no continuing reclamation responsibility under state or 8,880
federal laws;
(b) Are lands for which the chief finds that surface coal 8,882
mining operations occurred at any time between August 4, 1977, 8,883
and August 16, 1982, and that any moneys for reclamation or 8,884
abatement that are available pursuant to a bond or other form of 8,885
financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site; 8,886
(c) Are lands for which the chief finds that surface coal 8,888
mining operations occurred at any time between August 4, 1977, 8,889
and November 5, 1990, that the surety of the mining operator 8,890
became insolvent during that time, and that, as of November 5, 8,891
1990, any moneys immediately available from proceedings relating 8,892
to that insolvency or from any financial guarantee or other 8,893
source are not sufficient to provide for adequate reclamation or 8,894
abatement at the site.
(2) In determining which sites to reclaim pursuant to 8,896
divisions (C)(1)(b) and (c) of this section, the chief shall 8,897
follow the priorities stated in divisions (B)(1) and (2) of this 8,898
section and shall ensure that priority is given to those sites 8,899
that are in the immediate vicinity of a residential area or that
have an adverse economic impact on a local community. 8,900
(3) Surface coal mining operations on lands eligible for 8,902
remining shall not affect the eligibility of those lands for 8,903
reclamation and restoration under this section after the release 8,904
204
of the bond for any such operation as provided under division (F) 8,905
of section 1513.16 of the Revised Code. If the bond for a
surface coal mining operation on lands eligible for remining is 8,906
forfeited, moneys available under this section may be used if the 8,907
amount of the bond is not sufficient to provide for adequate 8,908
reclamation or abatement, except that if conditions warrant, the 8,909
chief immediately shall exercise the authority granted under 8,910
division (L) of this section.
(D) The chief may submit to the secretary of the interior 8,912
a state reclamation plan and annual projects to carry out the 8,913
purposes of this section. 8,914
(1) The reclamation plan generally shall identify the 8,916
areas to be reclaimed, the purposes for which the reclamation is 8,917
proposed, the relationship of the lands to be reclaimed and the 8,918
proposed reclamation to surrounding areas, the specific criteria 8,919
for ranking and identifying projects to be funded, and the legal 8,920
authority and programmatic capability to perform the work in 8,922
accordance with this section. 8,923
(2) On an annual basis, the chief may submit to the 8,925
secretary an application for support of the abandoned mine 8,926
reclamation fund and implementation of specific reclamation 8,927
projects. The annual requests shall include such information as 8,928
may be requested by the secretary. 8,929
Before submitting an annual application to the secretary, 8,931
the chief first shall submit it to the council on unreclaimed 8,933
strip mined lands for review and approval by the council. The 8,934
chief shall not submit such an application to the secretary until 8,936
it has been approved by the council. The chief shall submit 8,937
applications for administrative costs, imminent hazards, or 8,938
emergency projects to the council for review. 8,939
(3) The costs for each proposed project under this section 8,941
shall include actual construction costs, actual operation and 8,942
maintenance costs of permanent facilities, planning and 8,943
engineering costs, construction inspection costs, and other 8,944
205
necessary administrative expenses. 8,945
(4) Before making any expenditure of funds from the fund 8,947
to implement any specific reclamation project under this section, 8,948
the chief first shall submit to the council a project proposal 8,950
and any other pertinent information regarding the project 8,951
requested by the council for review and approval of the specific 8,952
project by the council. 8,954
(5) The chief may submit annual and other reports required 8,957
by the secretary when funds are provided by the secretary under 8,958
Title IV of the "Surface Mining Control and Reclamation Act of 8,959
1977," 91 Stat. 445, 30 U.S.C.A. 1201, regulations adopted under 8,960
it, and amendments to the act and regulations. 8,961
(E)(1) There is hereby created in the state treasury the 8,963
acid mine drainage abatement and treatment fund, which shall be 8,964
administered by the chief. The fund shall consist of grants from 8,965
the secretary of the interior from the federal abandoned mine 8,966
reclamation fund pursuant to section 402(g)(6) of Title IV of the 8,968
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 8,969
445, 30 U.S.C.A. 1201. All investment earnings of the fund shall 8,970
be credited to the fund.
(2) The chief shall make expenditures from the fund, in 8,972
consultation with the United States department of agriculture, 8,974
soil conservation service, to implement acid mine drainage 8,975
abatement and treatment plans approved by the secretary. The 8,976
plans shall provide for the comprehensive abatement of the causes 8,978
and treatment of the effects of acid mine drainage within 8,979
qualified hydrologic units affected by coal mining practices and 8,980
shall include at least all of the following:
(a) An identification of the qualified hydrologic unit. 8,982
As used in division (E) of this section, "qualified hydrologic 8,984
unit" means a hydrologic unit that meets all of the following 8,985
criteria:
(i) The water quality in the unit has been significantly 8,987
affected by acid mine drainage from coal mining practices in a 8,989
206
manner that has an adverse impact on biological resources;. 8,990
(ii) The unit contains lands and waters that meet the 8,992
eligibility requirements established under division (C) of this 8,993
section and any of the priorities established in divisions (B)(1) 8,994
to (3) of this section;. 8,995
(iii) The unit contains lands and waters that are proposed 8,997
to be the subject of expenditures from the reclamation forfeiture 8,999
fund created in section 1513.18 of the Revised Code, the 9,000
reclamation supplemental forfeiture fund created in that section, 9,001
or the unreclaimed lands fund created in section 1513.30 of the 9,002
Revised Code.
(b) The extent to which acid mine drainage is affecting 9,004
the water quality and biological resources within the hydrologic 9,006
unit;
(c) An identification of the sources of acid mine drainage 9,008
within the hydrologic unit; 9,010
(d) An identification of individual projects and the 9,012
measures proposed to be undertaken to abate and treat the causes 9,014
or effects of acid mine drainage within the hydrologic unit; 9,015
(e) The cost of undertaking the proposed abatement and 9,017
treatment measures; 9,018
(f) An identification of existing and proposed sources of 9,020
funding for those measures; 9,022
(g) An analysis of the cost-effectiveness and 9,024
environmental benefits of abatement and treatment measures. 9,026
(3) The chief may make grants of moneys from the acid mine 9,029
drainage abatement and treatment fund to watershed groups for 9,030
conducting projects to accomplish the purposes of this section. 9,031
A grant may be made in an amount equal to not more than fifty per 9,032
cent of each of the following:
(a) Reasonable and necessary expenses for the collection 9,035
and analysis of data sufficient to do either or both of the 9,036
following:
(i) Identify a watershed as a qualified hydrologic unit; 9,039
207
(ii) Monitor the quality of water in a qualified 9,041
hydrologic unit before, during, and at any time after completion 9,042
of the project by the watershed group. 9,043
(b) Engineering design costs and construction costs 9,046
involved in the project, provided that the project is conducted 9,047
in a qualified hydrologic unit and the chief considers the 9,048
project to be a priority.
A watershed group that wishes to obtain a grant under 9,050
division (E)(3) of this section shall submit an application to 9,052
the chief on forms provided by the division of mines and 9,053
reclamation MINERAL RESOURCES MANAGEMENT, together with detailed 9,054
estimates and timetables for accomplishing the stated goals of 9,055
the project and any other information that the chief requires. 9,057
For the purposes of establishing priorities for awarding 9,059
grants under division (E)(3) of this section, the chief shall 9,061
consider each project's feasibility, cost-effectiveness, and 9,062
environmental benefit, together with the availability of matching 9,063
funding, including in-kind services, for the project. 9,064
The chief shall enter into a contract for funding with each 9,067
applicant awarded a grant to ensure that the moneys granted are 9,068
used for the purposes of this section and that the work that the 9,069
project involves is done properly. The contract is not subject 9,070
to division (B) of section 127.16 of the Revised Code. The final 9,072
payment of grant moneys shall not be made until the chief 9,073
inspects and approves the completed project. 9,074
The chief shall require each applicant awarded a grant 9,076
under this section who conducts a project involving construction 9,077
work to pay workers at the greater of their regular rate of pay, 9,078
as established by contract, agreement, or prior custom or 9,079
practice, or the average wage rate paid in this state for the 9,080
same or similar work performed in the same or a similar locality 9,081
by private companies doing similar work on similar projects. 9,083
As used in division (E)(3) of this section, "watershed 9,086
group" means a charitable organization as defined in section 9,087
208
1716.01 of the Revised Code that has been established for the 9,089
purpose of conducting reclamation of land and waters adversely 9,090
affected by coal mining practices and specifically for conducting 9,091
acid mine drainage abatement.
(F)(1) If the chief makes a finding of fact that land or 9,093
water resources have been adversely affected by past coal mining 9,094
practices; the adverse effects are at a stage where, in the 9,095
public interest, action to restore, reclaim, abate, control, or 9,096
prevent the adverse effects should be taken; the owners of the 9,097
land or water resources where entry must be made to restore, 9,098
reclaim, abate, control, or prevent the adverse effects of past 9,099
coal mining practices are not known or are not readily available; 9,100
or the owners will not give permission for the state, political 9,101
subdivisions, or their agents, employees, or contractors to enter 9,102
upon the property to restore, reclaim, abate, control, or prevent 9,103
the adverse effects of past coal mining practices; then, upon 9,104
giving notice by mail to the owners, if known, or, if not known, 9,105
by posting notice upon the premises and advertising once in a 9,106
newspaper of general circulation in the municipal corporation or 9,107
county in which the land lies, the chief or the chief's agents, 9,109
employees, or contractors may enter upon the property adversely 9,110
affected by past coal mining practices and any other property to 9,111
have access to the property to do all things necessary or 9,112
expedient to restore, reclaim, abate, control, or prevent the 9,113
adverse effects. The entry shall be construed as an exercise of 9,114
the police power for the protection of the public health, safety, 9,115
and general welfare and shall not be construed as an act of 9,116
condemnation of property nor of trespass on it. The moneys 9,118
expended for the work and the benefits accruing to any such 9,119
premises so entered upon shall be chargeable against the land and 9,120
shall mitigate or offset any claim in or any action brought by 9,121
any owner of any interest in the premises for any alleged damages 9,122
by virtue of the entry, but this provision is not intended to 9,123
create new rights of action or eliminate existing immunities. 9,124
209
(2) The chief or the chief's authorized representatives 9,126
may enter upon any property for the purpose of conducting studies 9,128
or exploratory work to determine the existence of adverse effects 9,129
of past coal mining practices and to determine the feasibility of 9,130
restoration, reclamation, abatement, control, or prevention of 9,131
such adverse effects. The entry shall be construed as an 9,132
exercise of the police power for the protection of the public 9,133
health, safety, and general welfare and shall not be construed as 9,134
an act of condemnation of property nor trespass on it. 9,135
(3) The chief may acquire any land by purchase, donation, 9,137
or condemnation that is adversely affected by past coal mining 9,138
practices if the chief determines that acquisition of the land is 9,139
necessary to successful reclamation and that all of the following 9,140
apply:
(a) The acquired land, after restoration, reclamation, 9,142
abatement, control, or prevention of the adverse effects of past 9,143
coal mining practices, will serve recreation and historic 9,144
purposes, serve conservation and reclamation purposes, or provide 9,145
open space benefits;. 9,146
(b) Permanent facilities such as a treatment plant or a 9,148
relocated stream channel will be constructed on the land for the 9,149
restoration, reclamation, abatement, control, or prevention of 9,150
the adverse effects of past coal mining practices;. 9,151
(c) Acquisition of coal refuse disposal sites and all coal 9,153
refuse thereon will serve the purposes of this section or that 9,154
public ownership is desirable to meet emergency situations and 9,155
prevent recurrences of the adverse effects of past coal mining 9,156
practices. 9,157
(4)(a) Title to all lands acquired pursuant to this 9,159
section shall be in the name of the state. The price paid for 9,160
land acquired under this section shall reflect the market value 9,161
of the land as adversely affected by past coal mining practices. 9,162
(b) The chief may receive grants on a matching basis from 9,164
the secretary of the interior for the purpose of carrying out 9,165
210
this section. 9,166
(5)(a) Where land acquired pursuant to this section is 9,168
considered to be suitable for industrial, commercial, 9,169
residential, or recreational development, the chief may sell the 9,170
land by public sale under a system of competitive bidding at not 9,171
less than fair market value and under other requirements imposed 9,173
by rule to ensure that the lands are put to proper use consistent 9,174
with local and state land use plans, if any, as determined by the 9,175
chief.
(b) The chief, when requested, and after appropriate 9,177
public notice, shall hold a public meeting in the county, 9,178
counties, or other appropriate political subdivisions of the 9,179
state in which lands acquired pursuant to this section are 9,180
located. The meetings shall be held at a time that shall afford 9,182
local citizens and governments the maximum opportunity to 9,183
participate in the decision concerning the use or disposition of 9,184
the lands after restoration, reclamation, abatement, control, or 9,185
prevention of the adverse effects of past coal mining practices. 9,186
(6) In addition to the authority to acquire land under 9,188
division (F)(3) of this section, the chief may use money in the 9,189
fund to acquire land by purchase, donation, or condemnation, and 9,190
to reclaim and transfer acquired land to a political subdivision, 9,191
or to any person, if the chief determines that it is an integral 9,193
and necessary element of an economically feasible plan for the 9,194
construction or rehabilitation of housing for persons disabled as 9,195
the result of employment in the mines or work incidental to that 9,197
employment, persons displaced by acquisition of land pursuant to
this section, persons dislocated as the result of adverse effects 9,198
of coal mining practices that constitute an emergency as provided 9,199
in the "Surface Mining Control and Reclamation Act of 1977," 91 9,200
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons 9,202
dislocated as the result of natural disasters or catastrophic 9,203
failures from any cause. Such activities shall be accomplished 9,204
under such terms and conditions as the chief requires, which may 9,205
211
include transfers of land with or without monetary consideration, 9,206
except that to the extent that the consideration is below the 9,207
fair market value of the land transferred, no portion of the 9,208
difference between the fair market value and the consideration 9,209
shall accrue as a profit to those persons. No part of the funds 9,210
provided under this section may be used to pay the actual 9,211
construction costs of housing. The chief may carry out the 9,212
purposes of division (F)(6) of this section directly or by making 9,214
grants and commitments for grants and may advance money under 9,215
such terms and conditions as the chief may require to any agency 9,216
or instrumentality of the state or any public body or nonprofit 9,218
organization designated by the chief. 9,219
(G)(1) Within six months after the completion of projects 9,221
to restore, reclaim, abate, control, or prevent adverse effects 9,222
of past coal mining practices on privately owned land, the chief 9,223
shall itemize the moneys so expended and may file a statement of 9,225
the expenditures in the office of the county recorder of the 9,226
county in which the land lies, together with a notarized 9,227
appraisal by an independent appraiser of the value of the land 9,228
before the restoration, reclamation, abatement, control, or 9,229
prevention of adverse effects of past coal mining practices if 9,230
the moneys so expended result in a significant increase in 9,231
property value. The statement shall constitute a lien upon the 9,232
land as of the date of the expenditures of the moneys and shall 9,233
have priority as a lien second only to the lien of real property 9,234
taxes imposed upon the land. The lien shall not exceed the 9,235
amount determined by the appraisal to be the increase in the fair 9,236
market value of the land as a result of the restoration, 9,237
reclamation, abatement, control, or prevention of the adverse 9,238
effects of past coal mining practices. No lien shall be filed 9,239
under division (G) of this section against the property of any 9,241
person who owned the surface prior to May 2, 1977, and did not 9,242
consent to, participate in, or exercise control over the mining 9,243
operation that necessitated the reclamation performed.
212
(2) The landowner may petition, within sixty days after 9,245
the filing of the lien, to determine the increase in the fair 9,246
market value of the land as a result of the restoration, 9,247
reclamation, abatement, control, or prevention of the adverse 9,248
effects of past coal mining practices. The amount reported to be 9,249
the increase in value of the premises shall constitute the amount 9,250
of the lien and shall be recorded with the statement provided in 9,251
this section. Any party aggrieved by the decision may appeal as 9,252
provided by state law. 9,253
(3) The lien provided in division (G) of this section 9,256
shall be recorded and indexed, under the name of the state and 9,257
the landowner, in a lien index in the office of the county 9,258
recorder of the county in which the land lies. The county 9,259
recorder shall impose no charge for the recording or indexing of 9,260
the lien. If the land is registered, the county recorder shall 9,261
make a notation and enter a memorial of the lien upon the page of 9,262
the register in which the last certificate of title to the land 9,263
is registered, stating the name of the claimant, amount claimed, 9,264
volume and page of the record where recorded, and exact time the 9,265
memorial was entered.
(4) The lien shall continue in force so long as any 9,267
portion of the amount of the lien remains unpaid. If the lien 9,268
remains unpaid at the time of conveyance of the land on which the 9,269
lien was placed, the conveyance may be set aside. Upon repayment 9,270
in full of the moneys expended under this section, the chief 9,272
promptly shall issue a certificate of release of the lien. Upon 9,273
presentation of the certificate of release, the county recorder 9,274
of the county in which the lien is recorded shall record the lien 9,275
as having been discharged.
(5) A lien imposed under this section shall be foreclosed 9,277
upon the substantial failure of a landowner to pay any portion of 9,278
the amount of the lien. Before foreclosing any lien under this 9,279
section, the chief shall make a written demand upon the landowner 9,280
for payment. If the landowner does not pay the amount due within 9,281
213
sixty days, the chief shall refer the matter to the attorney 9,282
general, who shall institute a civil action to foreclose the
lien.
(H)(1) The chief may fill voids, seal abandoned tunnels, 9,285
shafts, and entryways, and reclaim surface impacts of underground 9,286
or strip mines that the chief determines could endanger life and 9,288
property, constitute a hazard to the public health and safety, or 9,289
degrade the environment.
(2) In those instances where mine waste piles are being 9,291
reworked for conservation purposes, the incremental costs of 9,292
disposing of the wastes from those operations by filling voids 9,293
and sealing tunnels may be eligible for funding, provided that 9,294
the disposal of these wastes meets the purposes of this section. 9,295
(3) The chief may acquire by purchase, donation, easement, 9,297
or otherwise such interest in land as the chief determines 9,298
necessary to carry out division (H) of this section. 9,300
(I) The chief shall report annually to the secretary of 9,303
the interior on operations under the fund and include 9,304
recommendations as to its future uses. 9,305
(J)(1) The chief may engage in any work and do all things 9,307
necessary or expedient, including the adoption of rules, to 9,308
implement and administer this section. 9,309
(2) The chief may engage in cooperative projects under 9,311
this section with any agency of the United States, any other 9,312
state, or their governmental agencies or with any state 9,313
university or college as defined in section 3345.27 of the 9,314
Revised Code. The cooperative projects are not subject to 9,315
division (B) of section 127.16 of the Revised Code.
(3) The chief may request the attorney general to initiate 9,317
in any court of competent jurisdiction an action in equity for an 9,318
injunction to restrain any interference with the exercise of the 9,319
right to enter or to conduct any work provided in this section, 9,320
which remedy is in addition to any other remedy available under 9,321
this section. 9,322
214
(4) The chief may construct or operate a plant or plants 9,324
for the control and treatment of water pollution resulting from 9,325
mine drainage. The extent of this control and treatment may be 9,326
dependent upon the ultimate use of the water. Division (J)(4) of 9,327
this section does not repeal or supersede any portion of the 9,328
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 9,329
U.S.C.A. 1151, as amended, and no control or treatment under 9,330
division (J)(4) of this section, in any way, shall be less than 9,331
that required by that act. The construction of a plant or plants 9,332
may include major interceptors and other facilities appurtenant 9,333
to the plant. 9,334
(5) The chief may transfer money from the abandoned mine 9,336
reclamation fund and the acid mine drainage abatement and 9,338
treatment fund to other appropriate state agencies or to state 9,339
universities or colleges in order to carry out the reclamation 9,340
activities authorized by this section. 9,341
(K) The chief may contract for any part of work to be 9,343
performed under this section, with or without advertising for 9,344
bids, if the chief determines that a condition exists that could 9,346
reasonably be expected to cause substantial physical harm to 9,347
persons, property, or the environment and to which persons or 9,348
improvements on real property are currently exposed. 9,349
The chief shall require every contractor performing 9,351
reclamation work under this section to pay its workers at the 9,352
greater of their regular rate of pay, as established by contract, 9,353
agreement, or prior custom or practice, or the average wage rate 9,354
paid in this state for the same or similar work as determined by 9,355
the chief under section 1513.02 of the Revised Code. 9,356
(L)(1) The chief may contract for the emergency 9,358
restoration, reclamation, abatement, control, or prevention of 9,359
adverse effects of mining practices on eligible lands if the 9,360
chief determines that an emergency exists constituting a danger 9,361
to the public health, safety, or welfare and that no other person 9,362
or agency will act expeditiously to restore, reclaim, abate, 9,363
215
control, or prevent those adverse effects. The chief may enter 9,364
into a contract for emergency work under division (L) of this 9,365
section without advertising for bids. Any such contract or any 9,366
purchase of materials for emergency work under division (L) of 9,367
this section is not subject to division (B) of section 127.16 of 9,369
the Revised Code.
(2) The chief or the chief's agents, employees, or 9,371
contractors may enter on any land where such an emergency exists, 9,373
and on other land in order to have access to that land, in order 9,374
to restore, reclaim, abate, control, or prevent the adverse 9,375
effects of mining practices and to do all things necessary or
expedient to protect the public health, safety, or welfare. Such 9,376
an entry shall be construed as an exercise of the police power 9,377
and shall not be construed as an act of condemnation of property 9,378
or of trespass. The moneys expended for the work and the 9,379
benefits accruing to any premises so entered upon shall be 9,380
chargeable against the land and shall mitigate or offset any
claim in or any action brought by any owner of any interest in 9,381
the premises for any alleged damages by virtue of the entry. 9,383
This provision is not intended to create new rights of action or 9,384
eliminate existing immunities.
Sec. 1513.39. (A) No person shall discharge, or in any 9,393
other way discriminate against or cause to be fired or 9,394
discriminated against, any employee or any authorized 9,395
representative of employees by reason of the fact that the 9,396
employee or representative has filed, instituted, or caused to be 9,397
filed or instituted any proceeding under this chapter or has 9,398
testified or is about to testify in any proceeding resulting from 9,399
the administration or enforcement of this chapter. 9,400
(B) Any employee or representative of employees who 9,402
believes that he THE EMPLOYEE OR REPRESENTATIVE has been fired or 9,404
otherwise discriminated against by any person in violation of
division (A) of this section may, within thirty days after the 9,405
alleged violation occurs, apply to the chief of the division of 9,406
216
mines and reclamation MINERAL RESOURCES MANAGEMENT for a review 9,408
of the firing or alleged discrimination. A copy of the
application shall be sent to the person or operator who will be 9,409
the respondent. Upon receipt of the application, the chief shall 9,410
cause such investigation to be made as he THE CHIEF considers 9,411
appropriate. The investigation shall provide an opportunity for 9,412
a public hearing at the request of any party to the review to 9,413
enable the parties to present information relating to the alleged 9,414
violation. The parties shall be given written notice of the time 9,415
and place of the hearing at least five days prior to the hearing. 9,416
Any such hearing shall be of record. Upon receiving the report 9,417
of the investigation the chief shall make findings of fact. If 9,418
he THE CHIEF finds that a violation did occur, he THE CHIEF shall 9,419
issue a decision incorporating therein his THE CHIEF'S findings 9,420
and an order requiring the party committing the violation to take 9,421
such affirmative action to abate the violation as the chief 9,423
considers appropriate, including, but not limited to, the 9,424
rehiring or reinstatement of the employee or representative of 9,425
employees to his THE EMPLOYEE'S OR REPRESENTATIVE'S former 9,427
position with compensation. If he THE CHIEF finds that there was 9,428
no violation, he THE CHIEF shall issue a finding to that effect. 9,429
Orders issued by the chief under this division shall be subject
to judicial review in the same manner as orders and decisions of 9,430
the chief are subject to judicial review under this chapter. 9,431
(C) Whenever an order is issued under this section to 9,433
abate any violation, at the request of the applicant, a sum equal 9,434
to the aggregate amount of all costs and expenses, including 9,435
attorney's fees, determined to have been necessary and reasonably 9,436
incurred by the applicant for, or in connection with, the 9,437
institution and prosecution of such proceedings, shall be 9,438
assessed against the persons committing the violation and may be 9,439
awarded in accordance with division (E) of section 1513.13 of the 9,440
Revised Code. 9,441
Sec. 1513.40. Whenever a corporate permittee violates a 9,450
217
condition of a permit issued pursuant to this chapter or fails or 9,451
refuses to comply with any order of the chief of the division of 9,452
mines and reclamation MINERAL RESOURCES MANAGEMENT or his THE 9,453
CHIEF'S representative, any director, officer, or agent of the 9,454
corporation who purposely authorized, ordered, or carried out 9,455
such violation, failure, or refusal shall be subject to the same 9,456
civil penalties, fines, and imprisonment that may be imposed upon 9,457
a person under this chapter.
Sec. 1513.41. When an inspection by the chief of the 9,466
division of mines and reclamation MINERAL RESOURCES MANAGEMENT or 9,467
his THE CHIEF'S representative results from information provided 9,469
by any person, the chief or his THE CHIEF'S representative shall 9,470
notify the person when the inspection is proposed to be carried 9,471
out and the person may accompany the chief or his THE CHIEF'S 9,472
representative during the inspection.
Sec. 1514.02. (A) After the dates the chief of the 9,481
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 9,482
prescribes by rule pursuant to section 1514.08 of the Revised 9,484
Code, but not later than July 1, 1977, nor earlier than July 1, 9,485
1975, no operator shall engage in surface mining or conduct a 9,486
surface mining operation without a permit issued by the chief. 9,487
An application for a permit shall be upon the form that the 9,489
chief prescribes and provides and shall contain all of the 9,490
following:
(1) The name and address of the applicant, of all partners 9,492
if the applicant is a partnership, or of all officers and 9,493
directors if the applicant is a corporation, and any other person 9,494
who has a right to control or in fact controls the management of 9,495
the applicant or the selection of officers, directors, or 9,496
managers of the applicant; 9,497
(2) A list of the minerals and coal, if any coal, sought 9,499
to be extracted, an estimate of the annual production rates for 9,500
each mineral and coal, and a description of the land upon which 9,501
the applicant proposes to engage in a surface mining operation, 9,502
218
which description shall set forth the name of the counties, 9,503
townships, and municipal corporations, if any, in which the land 9,504
is located; the location of its boundaries; and a description of 9,505
the land of sufficient certainty that it may be located and 9,506
distinguished from other lands; 9,507
(3) An estimate of the number of acres of land that will 9,509
comprise the total area of land to be affected and an estimate of 9,510
the number of acres of land to be affected during the first year 9,511
of operation under the permit; 9,512
(4) The name and address of the owner of surface rights in 9,514
the land upon which the applicant proposes to engage in surface 9,515
mining; 9,516
(5) A copy of the deed, lease, or other instrument that 9,518
authorizes entry upon the land by the applicant or the 9,519
applicant's agents if surface rights in the land are not owned by 9,521
the applicant;
(6) A statement of whether any surface mining permits or 9,523
coal mining and reclamation permits are now held by the applicant 9,524
in this state and, if so, the numbers of the permits; 9,525
(7) A statement of whether the applicant, any partner if 9,527
the applicant is a partnership, any officer or director if the 9,528
applicant is a corporation, or any other person who has a right 9,529
to control or in fact controls the management of the applicant or 9,530
the selection of officers, directors, or managers of the 9,531
applicant has ever had a surface mining permit or coal mining and 9,532
reclamation permit issued by this or any other state suspended or 9,533
revoked or has ever forfeited a surface mining or coal mining and 9,534
reclamation bond or cash, an irrevocable letter of credit, or a 9,535
security deposited in lieu of a bond; 9,536
(8) A report of the results of test borings that the 9,538
operator has conducted on the area or otherwise has readily 9,539
available, including, to the extent that the information is 9,540
readily available to the operator, the nature and depth of 9,541
overburden and material underlying each mineral or coal deposit, 9,542
219
and the thickness and extent of each mineral or coal deposit. 9,543
All information relating to test boring results submitted to the 9,544
chief pursuant to this section shall be kept confidential and not 9,545
made a matter of public record, except that the information may 9,547
be disclosed by the chief in any legal action in which the
truthfulness of the information is material. 9,548
(9) A complete plan for mining and reclamation of the area 9,550
to be affected, which shall include a statement of the intended 9,551
future uses of the area and show the approximate sequence in 9,552
which mining and reclamation measures are to occur, the 9,553
approximate intervals following mining during which the 9,554
reclamation of all various parts of the area affected will be 9,555
completed, and the measures the operator will perform to prevent 9,556
damage to adjoining property and to achieve all of the following 9,557
general performance standards for mining and reclamation: 9,558
(a) Prepare the site adequately for its intended future 9,560
uses upon completion of mining; 9,561
(b) Where a plan of zoning or other comprehensive plan has 9,563
been adopted that governs land uses or the construction of public 9,565
improvements and utilities for an area that includes the area 9,566
sought to be mined, ensure that future land uses within the site 9,567
will not conflict with the plan;
(c) Grade, contour, or terrace final slopes, wherever 9,569
needed, sufficient to achieve soil stability and control 9,570
landslides, erosion, and sedimentation. Highwalls will be 9,571
permitted if they are compatible with the future uses specified 9,572
in the plan and measures will be taken to ensure public safety. 9,573
Where ponds, impoundments, or other resulting bodies of water are 9,574
intended for recreational use, establish banks and slopes that 9,575
will ensure safe access to those bodies of water. Where such 9,576
bodies of water are not intended for recreation, include measures 9,577
to ensure public safety, but access need not be provided. 9,578
(d) Resoil the area of land affected, wherever needed, 9,580
with topsoil or suitable subsoil, fertilizer, lime, or soil 9,581
220
amendments, as appropriate, in sufficient quantity and depth to 9,582
raise and maintain a diverse growth of vegetation adequate to 9,583
bind the soil and control soil erosion and sedimentation; 9,584
(e) Establish a diverse vegetative cover of grass and 9,586
legumes or trees, grasses, and legumes capable of 9,587
self-regeneration and plant succession wherever required by the 9,588
plan; 9,589
(f) Remove or bury any metal, lumber, equipment, or other 9,591
refuse resulting from mining, and remove or bury any unwanted or 9,592
useless structures; 9,593
(g) Reestablish boundary, section corner, government, and 9,595
other survey monuments that were removed by the operator; 9,596
(h) During mining and reclamation, ensure that 9,598
contamination, resulting from mining, of underground water 9,599
supplies is prevented. Upon completion of reclamation, ensure 9,600
that any lake or pond located within the site boundaries is free 9,601
of substances resulting from mining in amounts or concentrations 9,602
that are harmful to persons, fish, waterfowl, or other beneficial 9,603
species of aquatic life. 9,604
(i) During mining and reclamation, control drainage so as 9,606
to prevent the causing of flooding, landslides, and flood hazards 9,607
to adjoining lands resulting from the mining operation. Leave 9,608
any ponds in such condition as to avoid their constituting a 9,609
hazard to adjoining lands. 9,610
(j) Ensure that mining and reclamation are carried out in 9,612
the sequence and manner set forth in the plan and that 9,613
reclamation measures are performed in a timely manner. All 9,614
reclamation of an area of land affected shall be completed no 9,615
later than three years following the mining of the area unless 9,616
the operator makes a showing satisfactory to the chief that the 9,617
future use of the area requires a longer period for completing 9,618
reclamation. 9,619
(k) During mining, store topsoil or fill in quantities 9,621
sufficient to complete the backfilling, grading, contouring, 9,622
221
terracing, and resoiling that is specified in the plan. 9,623
Stabilize the slopes of and plant each spoil bank to control soil 9,624
erosion and sedimentation wherever substantial damage to 9,625
adjoining property might occur. 9,626
(l) During mining, promptly remove, store, or cover any 9,628
coal, pyritic shale, or other acid producing materials in a 9,629
manner that will minimize acid drainage and the accumulation of 9,630
acid water; 9,631
(m) During mining, detonate explosives in a manner that 9,633
will prevent damage to adjoining property. 9,634
(10) For any applicant who intends to extract less than 9,636
ten thousand tons of minerals per year and no incidental coal, a 9,637
current tax map, in triplicate and notarized, and the appropriate 9,638
United States geological survey seven and one-half minute 9,639
topographic map. Each copy shall bear the applicant's name and 9,640
shall identify the area of land to be affected corresponding to 9,641
the application. 9,642
(11) For any applicant who intends to extract ten thousand 9,644
tons of minerals or more per year or who intends to extract any 9,645
incidental coal irrespective of the tonnage of minerals intended 9,646
to be mined, a map, in triplicate, on a scale of not more than 9,647
four hundred feet to the inch, or three copies of an enlarged 9,648
United States geological survey topographic map on a scale of not 9,649
more than four hundred feet to the inch. 9,650
The map shall comply with all of the following: 9,652
(a) Be prepared and certified by a professional engineer 9,655
or surveyor registered under Chapter 4733. of the Revised Code;
(b) Identify the area of land to be affected corresponding 9,657
to the application; 9,658
(c) Show the probable limits of subjacent and adjacent 9,660
deep, strip, or surface mining operations, whether active, 9,661
inactive, or mined out; 9,662
(d) Show the boundaries of the area of land to be affected 9,664
during the period of the permit and the area of land estimated to 9,665
222
be affected during the first year of operation, and name the 9,666
surface and mineral owners of record of the area and the owners 9,667
of record of adjoining surface properties; 9,668
(e) Show the names and locations of all streams, creeks, 9,670
or other bodies of water, roads, railroads, utility lines, 9,671
buildings, cemeteries, and oil and gas wells on the area of land 9,672
to be affected and within five hundred feet of the perimeter of 9,673
the area; 9,674
(f) Show the counties, municipal corporations, townships, 9,676
and sections in which the area of land to be affected is located; 9,677
(g) Show the drainage plan on, above, below, and away from 9,679
the area of land to be affected, indicating the directional flow 9,680
of water, constructed drainways, natural waterways used for 9,681
drainage, and the streams or tributaries receiving or to receive 9,682
this discharge; 9,683
(h) Show the location of available test boring holes that 9,685
the operator has conducted on the area of land to be affected or 9,686
otherwise has readily available; 9,687
(i) Show the date on which the map was prepared, the north 9,689
direction and the quadrangle sketch, and the exact location of 9,690
the operation; 9,691
(j) Show the type, kind, location, and references of all 9,693
existing boundary, section corner, government, and other survey 9,694
monuments within the area to be affected and within five hundred 9,695
feet of the perimeter of the area. 9,696
The certification of the maps shall read: "I, the 9,698
undersigned, hereby certify that this map is correct, and shows 9,699
to the best of my knowledge and belief all of the information 9,700
required by the surface mining laws of the state." The 9,701
certification shall be signed and attested before a notary 9,702
public. The chief may reject any map as incomplete if its 9,703
accuracy is not so certified and attested. 9,704
(12) A certificate of public liability insurance issued by 9,706
an insurance company authorized to do business in this state or 9,707
223
obtained pursuant to sections 3905.30 to 3905.35 of the Revised 9,708
Code covering all surface mining operations of the applicant in 9,709
this state and affording bodily injury and property damage 9,710
protection in amounts not less than the following: 9,711
(a) One hundred thousand dollars for all damages because 9,713
of bodily injury sustained by one person as the result of any one 9,714
occurrence, and three hundred thousand dollars for all damages 9,715
because of bodily injury sustained by two or more persons as the 9,716
result of any one occurrence; 9,717
(b) One hundred thousand dollars for all claims arising 9,719
out of damage to property as the result of any one occurrence, 9,720
with an aggregate limit of three hundred thousand dollars for all 9,721
property damage to which the policy applies. 9,722
(B) No permit application or amendment shall be approved 9,724
by the chief if the chief finds that the reclamation described in 9,726
the application will not be performed in full compliance with 9,727
this chapter or that there is not reasonable cause to believe 9,728
that reclamation as required by this chapter will be 9,729
accomplished.
The chief shall issue an order denying an application for 9,731
an operating permit or an amendment if the chief determines that 9,733
the measures set forth in the plan are likely to be inadequate to 9,734
prevent damage to adjoining property or to achieve one or more of 9,735
the performance standards required in division (A)(9) of this 9,736
section. 9,737
No permit application or amendment shall be approved to 9,739
surface mine land adjacent to a public road in violation of 9,740
section 1563.11 of the Revised Code. 9,741
To ensure adequate lateral support, no permit application 9,743
or amendment shall be approved to engage in surface mining on 9,744
land that is closer than fifty feet of horizontal distance to any 9,745
adjacent land or waters in which the operator making application 9,746
does not own the surface or mineral rights unless the owners of 9,747
the surface and mineral rights in and under the adjacent land or 9,748
224
waters consent in writing to surface mining closer than fifty 9,749
feet of horizontal distance. The consent, or a certified copy 9,750
thereof, shall be attached to the application as a part of the 9,751
permanent record of the application for a surface mining permit. 9,752
The chief shall issue an order granting a permit upon the 9,754
chief's approval of an application, as required by this section, 9,755
filing of the performance bond required by section 1514.04 of the 9,757
Revised Code, and payment of a permit fee in the amount of two 9,758
hundred fifty dollars and an acreage fee in the amount of thirty 9,759
dollars multiplied by the number of acres estimated in the 9,760
application that will comprise the area of land to be affected 9,761
within the first year of operation under the permit, but which 9,762
acreage fee shall not exceed one thousand dollars per year. 9,763
The chief may issue an order denying a permit if the chief 9,765
finds that the applicant, any partner if the applicant is a 9,767
partnership, any officer or director if the applicant is a 9,768
corporation, or any other person who has a right to control or in 9,769
fact controls the management of the applicant or the selection of 9,770
officers, directors, or managers of the applicant has 9,771
substantially or materially failed to comply or continues to fail 9,772
to comply with this chapter, which failure may consist of one or 9,773
more violations thereof, a rule adopted thereunder, or an order 9,774
of the chief or failure to perform reclamation as required by 9,775
this chapter. The chief may deny or revoke the permit of any 9,776
person who so violates or fails to comply or who purposely 9,777
misrepresents or omits any material fact in the application for 9,778
the permit or an amendment to a permit. 9,779
If the chief denies the permit, the chief shall state the 9,781
reasons for denial in the order denying the permit. 9,783
Each permit shall be issued upon condition that the 9,785
operator will comply with this chapter and perform the measures 9,787
set forth in the operator's plan of mining and reclamation in a 9,789
timely manner and upon the right of the chief, division MINERAL 9,790
RESOURCES inspectors, or other authorized representatives of the 9,791
225
chief to enter upon the premises of the operator at reasonable 9,792
times for the purposes of determining whether or not there is 9,793
compliance with this chapter. 9,794
(C) If the chief approves the application, the order 9,796
granting the permit shall authorize the person to whom the permit 9,797
is issued to engage as the operator of a surface mining operation 9,798
upon the land described in the permit during a period that shall 9,799
expire ten years after the date of issuance of the permit, or 9,800
upon the date when the chief, after inspection, orders the 9,801
release of any remaining performance bond deposited to assure 9,803
satisfactory performance of the reclamation measures required 9,804
pursuant to this chapter, whichever occurs earlier.
(D) Before an operator engages in a surface mining 9,806
operation on land not described in the operator's permit, but 9,808
that is contiguous to the land described in the operator's 9,809
permit, the operator shall file with the chief an application for 9,811
an amendment to the operator's permit. Before approving an 9,813
amendment, the chief shall require the information, maps, fees, 9,814
and performance bond as required for an original application 9,815
under this section and shall apply the same prohibitions and 9,816
restrictions applicable to land described in an original 9,817
application for a permit. If the chief disapproves the 9,818
amendment, the chief shall state the reasons for disapproval in 9,820
the order disapproving the amendment. Upon the approval of an 9,821
amendment by the chief, the operator shall be authorized to 9,822
engage in surface mining on the land described in the operator's 9,823
original permit plus the land described in the amendment until 9,825
the date when the permit expires, or when the chief, after
inspection, orders the release of any remaining performance bond 9,826
deposited to assure satisfactory performance of the reclamation 9,828
measures required pursuant to this chapter, whichever occurs 9,829
earlier.
(E) An operator, at any time and upon application therefor 9,831
and approval by the chief, may amend the plan of mining and 9,832
226
reclamation filed with the application for a permit in order to 9,833
change the reclamation measures to be performed, modify the 9,834
interval after mining within which reclamation measures will be 9,835
performed, change the sequence in which mining or reclamation 9,836
will occur at specific locations within the area affected, mine 9,837
acreage previously mined or reclaimed, or for any other purpose, 9,838
provided that the plan, as amended, includes measures that the 9,839
chief determines will be adequate to prevent damage to adjoining 9,840
property and to achieve the performance standards set forth in 9,841
division (A)(9) of this section. 9,842
The chief may propose one or more amendments to the plan in 9,844
writing, within ninety days after the fifth anniversary of the 9,845
date of issuance of the permit and upon a finding of any of the 9,846
following conditions after a complete review of the plan and 9,847
inspection of the area of land affected, and the plan shall be so 9,848
amended upon written concurrence in the findings and approval of 9,849
the amendments by the operator: 9,850
(1) An alternate measure, in lieu of one previously 9,852
approved in the plan, will more economically or effectively 9,853
achieve one or more of the performance standards. 9,854
(2) Developments in reclamation technology make an 9,856
alternate measure to achieve one or more of the performance 9,857
standards more economical, feasible, practical, or effective. 9,858
(3) Changes in the use or development of adjoining lands 9,860
require changes in the intended future uses of the area of land 9,861
affected in order to prevent damage to adjoining property. 9,862
(F) The chief shall issue an order granting or denying an 9,864
operating permit or amendment to a permit or approving or denying 9,865
an amendment to the operator's plan of mining and reclamation 9,866
within ninety days after the filing of an application therefor. 9,867
If the chief fails to act within that period with respect to a 9,868
surface mining operation that existed prior to the initial date 9,869
by which the chief requires a permit to be obtained, the operator 9,870
may continue the operation until the chief issues an order 9,871
227
denying a permit for the operation, and if the operator elects to 9,872
appeal the order pursuant to section 1513.13 of the Revised Code, 9,874
until the reclamation commission affirms the order of the chief 9,876
denying the permit, and if the operator elects to appeal the 9,877
order of the commission pursuant to section 1513.14 of the 9,878
Revised Code, until the court of common pleas affirms the order. 9,879
Sec. 1514.021. (A) A permit holder who wishes to continue 9,888
surface mining operations after the expiration date of the 9,889
existing permit or renewal permit shall file with the chief of 9,890
the division of mines and reclamation MINERAL RESOURCES 9,891
MANAGEMENT an application for renewal of a surface mining permit 9,893
or renewal permit at least ninety days before the expiration date 9,894
of the existing permit or renewal permit. The application shall 9,895
be upon the form that the chief prescribes and provides and shall 9,897
be accompanied by the permit fees required under division (B) of 9,898
section 1514.02 of the Revised Code. 9,899
(B) Upon receipt of an application for renewal and the 9,901
permit fee under division (A) of this section, the chief shall 9,902
notify the applicant to submit a map that is a composite of the 9,903
information required to be contained in the most recent annual 9,904
report map under section 1514.03 of the Revised Code and of all 9,905
surface mining and reclamation activities conducted under the 9,906
existing permit or renewal permit; the annual report required 9,907
under section 1514.03 of the Revised Code; and additional maps, 9,909
plans, and revised or updated information that the chief 9,910
determines to be necessary for permit renewal. Within sixty days 9,911
after receipt of this notification, the applicant shall submit 9,912
all the required information to the chief. 9,913
(C) Upon receipt of the information required under 9,915
division (B) of this section, the chief may approve the 9,916
application for renewal and issue an order granting a renewal 9,917
permit if the chief finds that both of the following apply: 9,918
(1) The permit holder's operation is in compliance with 9,920
this chapter, rules adopted and orders issued under it, and the 9,921
228
plan of mining and reclamation under the existing permit or 9,922
renewal permit; 9,923
(2) The permit holder has provided evidence that a 9,925
performance bond filed under section 1514.04 of the Revised Code 9,927
applicable to lands affected under the existing permit or renewal 9,928
permit will remain effective until released under section 1514.05 9,929
of the Revised Code. 9,930
(D) Within sixty days after receiving the information and 9,932
permit fees required under divisions (A) and (B) of this section, 9,933
the chief shall approve the application for renewal and issue an 9,934
order granting a renewal permit, issue an order denying the 9,935
application, or notify the applicant that the time limit for 9,936
issuing such an order has been extended. This extension of time 9,937
shall not exceed sixty days. 9,938
(E) If an applicant for a renewal permit has complied with 9,940
division (A) of this section, the applicant may continue surface 9,941
mining operations under the existing permit or renewal permit 9,942
after its expiration date until the sixty-day period for filing 9,943
the information required by the chief under division (B) of this 9,944
section has expired or until the chief issues an order under 9,945
division (D) of this section denying the renewal permit. 9,946
(F) A permit holder who fails to submit an application and 9,948
required permit fees within the time prescribed by division (A) 9,949
of this section shall cease surface mining operations on the 9,950
expiration date of the existing permit or renewal permit. If 9,951
such a permit holder then submits an application for renewal and 9,952
the permit fees otherwise required by division (A) of this 9,953
section on or before the thirtieth day after the expiration date 9,954
of the expired permit or renewal permit and provides the 9,955
information required by the chief under division (B) of this 9,956
section within sixty days after being notified of the information 9,957
required under that division, the permit holder need not submit 9,959
the final map and report required by section 1514.03 of the 9,960
Revised Code until the later of thirty days after the chief 9,961
229
issues an order denying the application for renewal or thirty 9,962
days after the chief's order is affirmed upon appeal under 9,963
section 1513.13 or 1513.14 of the Revised Code. An applicant 9,964
under this division who fails to provide the information required 9,965
by the chief under division (B) of this section within the 9,966
prescribed time period shall submit the final map and report 9,968
required by section 1514.03 of the Revised Code within thirty 9,969
days after the expiration of that prescribed period. 9,970
(G) If the chief issues an order denying an application 9,972
for renewal of a permit or renewal permit after the expiration 9,973
date of the permit, the permit holder shall cease surface mining 9,974
operations immediately and, within thirty days after the issuance 9,976
of the order, shall submit the final report and map required 9,977
under section 1514.03 of the Revised Code. The chief shall state 9,978
the reasons for denial in the order denying renewal of the 9,979
application. An applicant may appeal the chief's order denying 9,980
the renewal under section 1513.13 of the Revised Code and may 9,981
continue surface mining and reclamation operations under the 9,982
expired permit until the reclamation commission affirms the 9,984
chief's order under that section and, if the applicant elects to 9,987
appeal the order of the commission under section 1513.14 of the 9,989
Revised Code, until the court of appeals affirms the order. 9,990
(H) The approval of an application for renewal under this 9,992
section authorizes the continuation of the existing permit or 9,993
renewal permit for a term of ten years from the expiration date 9,994
of the existing permit. 9,995
(I) Any renewal permit is subject to all the requirements 9,997
of this chapter and rules adopted under it. 9,998
Sec. 1514.03. Within thirty days after each anniversary 10,007
date of issuance of a surface mining permit, the operator shall 10,008
file with the chief of the division of mines and reclamation 10,009
MINERAL RESOURCES MANAGEMENT an annual report, on a form 10,011
prescribed and furnished by the chief, that, for the period 10,012
covered by the report, shall state the amount of and identify the 10,013
230
types of minerals and coal, if any coal, produced and shall state 10,014
the number of acres affected and the number of acres estimated to 10,015
be affected during the next year of operation. An annual report 10,016
is not required to be filed if a final report is filed in lieu 10,017
thereof.
Each annual report shall include a progress map indicating 10,019
the location of areas of land affected during the period of the 10,020
report and the location of the area of land estimated to be 10,021
affected during the next year. The map shall be prepared in 10,022
accordance with division (A)(10) or (11) of section 1514.02 of 10,023
the Revised Code, as appropriate, except that a map prepared in 10,024
accordance with division (A)(11) of that section may be certified 10,026
by the operator or authorized agent of the operator in lieu of 10,027
certification by a professional engineer or surveyor registered 10,029
under Chapter 4733. of the Revised Code. However, the chief may 10,030
require that an annual progress map or a final map be prepared by 10,031
a registered professional engineer or registered surveyor if he 10,032
THE CHIEF has reason to believe that the operator exceeded the 10,034
boundaries of the permit area or, if the operator filed the map 10,035
required under division (A)(10) of section 1514.02 of the Revised 10,036
Code, that the operator extracted ten thousand tons or more of 10,037
minerals during the period covered by the report. 10,038
Each annual report shall be accompanied by a filing fee in 10,040
the amount of two hundred fifty dollars and an acreage fee in the 10,041
amount of thirty dollars multiplied by the number of acres 10,042
estimated in the report to be affected during the next year of 10,043
operation under the permit. The acreage fee shall be adjusted by 10,046
subtracting a credit of thirty dollars per excess acre paid for 10,047
the preceding year if the acreage paid for the preceding year
exceeds the acreage actually affected or by adding an additional 10,048
amount of thirty dollars per excess acre affected if the acreage 10,049
actually affected exceeds the acreage paid for the preceding 10,050
year. No acreage fee shall exceed one thousand dollars per year. 10,051
With each annual report the operator shall file a 10,053
231
performance bond in the amount of five hundred dollars multiplied 10,056
by the number of acres estimated to be affected during the next 10,057
year of operation under the permit for which no performance bond 10,058
previously was filed. The bond shall be adjusted by subtracting 10,060
a credit of five hundred dollars per excess acre for which bond 10,061
was filed for the preceding year if the acreage for which the 10,062
bond was filed for the preceding year exceeds the acreage 10,063
actually affected, or by adding an amount of five hundred dollars 10,064
per excess acre affected if the acreage actually affected exceeds 10,065
the acreage for which bond was filed for the preceding year. 10,066
Within thirty days after the expiration of the surface 10,068
mining permit, or completion or abandonment of the operation, 10,069
whichever occurs earlier, the operator shall submit a final 10,070
report containing the same information required in an annual 10,071
report, but covering the time from the last annual report to the 10,072
expiration of the permit, or completion or abandonment of the 10,073
operation, whichever occurs earlier. 10,074
Each final report shall include a map indicating the 10,076
location of the area of land affected during the period of the 10,077
report and the location of the total area of land affected under 10,078
the permit. The map shall be prepared in accordance with 10,079
division (A)(10) or (11) of section 1514.02 of the Revised Code, 10,080
as appropriate. 10,081
If the final report and certified map, as verified by the 10,083
chief, show that the number of acres affected under the permit is 10,084
larger than the number of acres for which the operator has paid 10,085
an acreage fee or filed a performance bond, upon notification by 10,088
the chief, the operator shall pay an additional acreage fee in 10,089
the amount of thirty dollars multiplied by the difference between 10,090
the number of acres affected under the permit and the number of 10,091
acres for which the operator has paid an acreage fee and shall 10,092
file an additional performance bond in the amount of five hundred 10,094
dollars multiplied by the difference between the number of acres 10,095
affected under the permit and the number of acres for which the 10,096
232
operator has filed bond. 10,097
If the final report and certified map, as verified by the 10,099
chief, show that the number of acres affected under the permit is 10,100
smaller than the number of acres for which the operator has paid 10,101
an acreage fee or filed a performance bond, the chief shall order 10,104
release of the excess acreage fee and the excess bond. However, 10,105
the chief shall retain a performance bond in a minimum amount of 10,107
two thousand dollars irrespective of the number of acres affected 10,108
under the permit. The release of the excess acreage fee shall be 10,109
in an amount equal to thirty dollars multiplied by the difference 10,110
between the number of acres affected under the permit and the 10,111
number of acres for which the operator has paid an acreage fee. 10,112
The release of the excess bond shall be in an amount equal to 10,114
five hundred dollars multiplied by the difference between the 10,115
number of acres affected under the permit and the number of acres 10,116
for which the operator has filed bond. Refunds of excess acreage 10,117
fees shall be paid by the treasurer of state out of the surface 10,118
mining reclamation fee fund, which is hereby created in the state 10,119
treasury. The treasurer of state shall place twenty thousand 10,120
dollars from the fees collected pursuant to sections 1514.02 and 10,121
1514.03 of the Revised Code in that fund and, as required by the 10,123
depletion thereof, place to the credit of the fund an amount 10,124
sufficient to make the total in the fund at the time of each such 10,125
credit twenty thousand dollars. The balance of the 10,126
THE fees collected pursuant to sections THIS SECTION AND 10,129
SECTION 1514.02 and 1514.03 of the Revised Code shall be 10,131
deposited with the treasurer of state to the credit of the 10,132
surface mining administration fund created under section 1514.11 10,133
1514.06 of the Revised Code.
If upon inspection the chief finds that any filing fee, 10,135
acreage fee, performance bond, or part thereof is not paid when 10,136
due or is paid on the basis of false or substantially inaccurate 10,137
reports, he THE CHIEF may request the attorney general to recover 10,138
the unpaid amounts that are due the state, and the attorney 10,140
233
general shall commence appropriate legal proceedings to recover 10,141
the unpaid amounts. 10,142
Sec. 1514.04. Upon receipt of notification from the chief 10,151
of the division of mines and reclamation MINERAL RESOURCES 10,152
MANAGEMENT of his THE CHIEF'S intent to issue an order granting a 10,155
surface mining permit to the applicant, the applicant shall file 10,156
a surety bond, cash, an irrevocable letter of credit, or 10,157
certificates of deposit in the amount of two thousand dollars, or 10,158
five hundred dollars per acre of land to be affected, whichever 10,159
is greater. Upon receipt of notification from the chief of his 10,160
THE CHIEF'S intent to issue an order granting an amendment to a 10,161
surface mining permit, the applicant shall file a surety bond, 10,162
cash, an irrevocable letter of credit, or certificates of deposit 10,163
in the amount of five hundred dollars per acre of land to be 10,165
affected.
In the case of a surface mining permit, the bond shall be 10,167
filed for the number of acres estimated to be affected during the 10,168
first year of operation under the permit. In the case of an 10,169
amendment to a surface mining permit, the bond shall be filed for 10,170
the number of acres estimated to be affected during the balance 10,171
of the period until the next anniversary date of the permit. 10,172
A surety bond filed pursuant to this section and sections 10,174
1514.02 and 1514.03 of the Revised Code shall be upon the form 10,175
that the chief prescribes and provides and shall be signed by the 10,176
operator as principal and by a surety company authorized to 10,177
transact business in the state as surety. The bond shall be 10,178
payable to the state and shall be conditioned upon the faithful 10,179
performance by the operator of all things to be done and 10,180
performed by him THE OPERATOR as provided in this chapter and the 10,182
rules and orders of the chief adopted or issued pursuant thereto. 10,183
The operator may deposit with the chief, in lieu of a 10,185
surety bond, cash in an amount equal to the surety bond as 10,186
prescribed in this section, an irrevocable letter of credit or 10,187
negotiable certificates of deposit issued by any bank organized 10,189
234
or transacting business in this state, or an irrevocable letter
of credit or certificates of deposit issued by any savings and 10,191
loan association as defined in section 1151.01 of the Revised 10,192
Code, having a cash value equal to or greater than the amount of 10,193
the surety bond as prescribed in this section. Cash or 10,194
certificates of deposit shall be deposited upon the same terms as 10,195
the terms upon which surety bonds may be deposited. If one or 10,196
more certificates of deposit are deposited with the chief in lieu 10,197
of surety bond, he THE CHIEF shall require the bank or savings 10,198
and loan association that issued any such certificate to pledge 10,200
securities of a cash value equal to the amount of the 10,201
certificate, or certificates, that is in excess of the amount 10,202
insured by the federal deposit insurance corporation. The 10,203
securities shall be security for the repayment of the certificate 10,204
of deposit.
Immediately upon a deposit of cash, a letter of credit, or 10,206
certificates with the chief, he THE CHIEF shall deliver it to the 10,208
treasurer of state who shall hold it in trust for the purposes 10,210
for which it has been deposited. The treasurer of state shall be 10,211
responsible for the safekeeping of such deposits. An operator 10,212
making a deposit of cash, a letter of credit, or certificates of 10,213
deposit may withdraw and receive from the treasurer of state, on 10,215
the written order of the chief, all or any part of the cash, 10,216
letter of credit, or certificates in the possession of the
treasurer of state, upon depositing with the treasurer of state 10,217
cash, an irrevocable letter of credit or negotiable certificates 10,218
of deposit issued by any bank organized or transacting business 10,220
in this state, or an irrevocable letter of credit or certificates 10,221
of deposit issued by any savings and loan association, equal in 10,222
value to the value of the cash, letter of credit, or certificates 10,223
withdrawn. An operator may demand and receive from the treasurer 10,225
of state all interest or other income from any certificates as it 10,226
becomes due. If certificates deposited with and in the 10,227
possession of the treasurer of state mature or are called for 10,228
235
payment by the issuer thereof, the treasurer of state, at the 10,229
request of the operator who deposited them, shall convert the 10,230
proceeds of the redemption or payment of the certificates into 10,231
such other negotiable certificates of deposit issued by any bank 10,232
organized or transacting business in this state, such other 10,233
certificates of deposit issued by any savings and loan 10,234
association, or cash, as may be designated by the operator. 10,235
Sec. 1514.05. (A) At any time within the period allowed 10,244
an operator by section 1514.02 of the Revised Code to reclaim an 10,245
area of land affected by surface mining, the operator may file a 10,246
request, on a form provided by the chief of the division of mines 10,248
and reclamation MINERAL RESOURCES MANAGEMENT, for inspection of 10,249
the area of land upon which the reclamation, other than any 10,250
required planting, is completed. The request shall include all 10,251
of the following:
(1) The location of the area and number of acres; 10,253
(2) The permit number; 10,255
(3) The amount of performance bond on deposit to ensure 10,257
reclamation of the area; 10,258
(4) A map showing the location of the acres reclaimed, 10,260
prepared and certified in accordance with division (A)(10) or 10,261
(11) of section 1514.02 of the Revised Code, as appropriate. 10,262
The chief shall make an inspection and evaluation of the 10,264
reclamation of the area of land for which the request was 10,265
submitted within ninety days after receipt of the request or, if 10,266
the operator fails to complete the reclamation or file the 10,267
request as required, as soon as the chief learns of the default. 10,268
Thereupon, if the chief approves the reclamation other than any 10,269
required planting as meeting the requirements of this chapter, 10,270
rules adopted thereunder, any orders issued during the mining or 10,271
reclamation, and the specifications of the plan for mining and 10,272
reclaiming, he THE CHIEF shall issue an order to the operator and 10,274
the operator's surety releasing them from liability for one-half 10,275
the total amount of their surety bond on deposit to ensure 10,276
236
reclamation for the area upon which reclamation is completed. If 10,277
the operator has deposited cash, an irrevocable letter of credit, 10,278
or certificates of deposit in lieu of a surety bond to ensure 10,280
reclamation, the chief shall issue an order to the operator 10,281
releasing one-half of the total amount so held and promptly shall 10,282
transmit a certified copy of the order to the treasurer of state. 10,283
Upon presentation of the order to the treasurer of state by the 10,284
operator to whom it was issued, or by the operator's authorized 10,285
agent, the treasurer of state shall deliver to the operator or 10,286
the operator's authorized agent the cash, irrevocable letter of 10,287
credit, or certificates of deposit designated in the order. 10,289
If the chief does not approve the reclamation other than 10,291
any required planting, he THE CHIEF shall notify the operator by 10,292
certified mail. The notice shall be an order stating the reasons 10,294
for unacceptability, ordering further actions to be taken, and 10,295
setting a time limit for compliance. If the operator does not 10,296
comply with the order within the time limit specified, the chief 10,297
may order an extension of time for compliance if he determines 10,298
AFTER DETERMINING that the operator's noncompliance is for good 10,299
cause, resulting from developments partially or wholly beyond the 10,300
operator's control. If the operator complies within the time 10,301
limit or the extension of time granted for compliance, the chief 10,302
shall order release of the performance bond in the same manner as 10,304
in the case of approval of reclamation other than planting by the 10,305
chief, and the treasurer of state shall proceed as in that case. 10,306
If the operator does not comply within the time limit and the 10,307
chief does not order an extension, or if the chief orders an 10,308
extension of time and the operator does not comply within the 10,309
extension of time granted for compliance, the chief shall issue 10,310
another order declaring that the operator has failed to reclaim 10,311
and, if the operator's permit has not already expired or been 10,312
revoked, revoking the operator's permit. The chief shall
thereupon proceed under division (C) of this section. 10,313
(B) At any time within the period allowed an operator by 10,315
237
section 1514.02 of the Revised Code to reclaim an area affected 10,316
by surface mining, the operator may file a request, on a form 10,317
provided by the chief, for inspection of the area of land upon 10,318
which all reclamation, including the successful establishment of 10,319
any required planting, is completed. The request shall include 10,320
all of the following: 10,321
(1) The location of the area and number of acres; 10,323
(2) The permit number; 10,325
(3) The remaining amount of performance bond on deposit to 10,328
ensure reclamation of the area;
(4) The type and date of any required planting of 10,330
vegetative cover and the degree of success of growth; 10,331
(5) A map showing the location of the acres reclaimed, 10,333
prepared and certified in accordance with division (A)(10) or 10,334
(11) of section 1514.02 of the Revised Code, as appropriate. 10,335
The chief shall make an inspection and evaluation of the 10,337
reclamation of the area of land for which the request was 10,338
submitted within ninety days after receipt of the request or, if 10,339
the operator fails to complete the reclamation or file the 10,340
request as required, as soon as the chief learns of the default. 10,341
Thereupon, if the chief finds that the reclamation meets the 10,342
requirements of this chapter, rules adopted thereunder, any 10,343
orders issued during the mining and reclamation, and the 10,344
specifications of the plan for mining and reclaiming and decides 10,345
to release any remaining performance bond on deposit to ensure 10,347
reclamation of the area upon which reclamation is completed, 10,348
within ten days of completing his THE inspection and evaluation, 10,349
he THE CHIEF shall order release of the remaining performance 10,351
bond in the same manner as in the case of approval of reclamation 10,352
other than planting, and the treasurer of state shall proceed as 10,353
in that case.
If the chief does not approve the reclamation performed by 10,355
the operator, he THE CHIEF shall notify the operator by certified 10,357
mail within ninety days of the filing of the application for 10,358
238
inspection or of the date when he THE CHIEF learns of the 10,359
default. The notice shall be an order stating the reasons for 10,361
unacceptability, ordering further actions to be taken, and 10,362
setting a time limit for compliance. If the operator does not 10,363
comply with the order within the time limit specified, the chief 10,364
may order an extension of time for compliance if he determines 10,365
AFTER DETERMINING that the operator's noncompliance is for good 10,367
cause, resulting from developments partially or wholly beyond the 10,368
operator's control. If the operator complies within the time 10,369
limit or the extension of time granted for compliance, the chief 10,370
shall order release of the remaining performance bond in the same 10,371
manner as in the case of approval of reclamation by the chief, 10,372
and the treasurer of state shall proceed as in that case. If the 10,373
operator does not comply within the time limit and the chief does 10,374
not order an extension, or if the chief orders an extension of 10,375
time and the operator does not comply within the extension of 10,376
time granted for compliance, the chief shall make another order 10,377
declaring that the operator has failed to reclaim and, if the 10,378
operator's permit has not already expired or been revoked, 10,379
revoking the operator's permit. The chief then shall proceed 10,380
under division (C) of this section. 10,381
(C) Upon issuing an order under division (A) or (B) of 10,383
this section declaring that the operator has failed to reclaim, 10,384
the chief shall make a finding as to the number and location of 10,385
the acres of land that the operator has failed to reclaim in the 10,387
manner required by this chapter. The chief shall order the
release of the performance bond in the amount of five hundred 10,389
dollars per acre for those acres that he THE CHIEF finds to have 10,391
been reclaimed in the manner required by this chapter. The 10,392
release shall be ordered in the same manner as in the case of 10,393
other approval of reclamation by the chief, and the treasurer of 10,394
state shall proceed as in that case. If the operator has on 10,395
deposit cash, an irrevocable letter of credit, or certificates of 10,396
deposit to ensure reclamation of the area of the land affected,
239
the chief at the same time shall issue an order declaring that 10,397
the remaining cash, irrevocable letter of credit, or certificates 10,399
of deposit is the property of the state and is available for use 10,400
by the chief in performing reclamation of the area and shall 10,401
proceed in accordance with section 1514.06 of the Revised Code. 10,402
If the operator has on deposit a surety bond to ensure 10,404
reclamation of the area of land affected, the chief shall notify 10,405
the surety in writing of the operator's default and shall request 10,406
the surety to perform the surety's obligation and that of the 10,407
operator. The surety, within ten days after receipt of the 10,409
notice, shall notify the chief as to whether it intends to
perform those obligations. 10,410
If the surety chooses to perform, it shall arrange for work 10,412
to begin within thirty days of the day on which it notifies the 10,413
chief of its decision. If the surety completes the work as 10,414
required by this chapter, the chief shall issue an order to the 10,415
surety releasing the surety from liability under the bond in the 10,416
same manner as if the surety were an operator proceeding under 10,417
this section. If, after the surety begins the work, the chief 10,418
determines that the surety is not carrying the work forward with 10,419
reasonable progress, or that it is improperly performing the 10,420
work, or that it has abandoned the work or otherwise failed to 10,421
perform its obligation and that of the operator, the chief shall 10,422
issue an order terminating the right of the surety to perform the 10,423
work and demanding payment of the amount due as required by this 10,424
chapter. 10,425
If the surety chooses not to perform and so notifies the 10,427
chief, does not respond to the chief's notice within ten days of 10,428
receipt thereof, or fails to begin work within thirty days of the 10,429
day it timely notifies the chief of its decision to perform its 10,430
obligation and that of the operator, the chief shall issue an 10,431
order terminating the right of the surety to perform the work and 10,432
demanding payment of the amount due, as required by this chapter. 10,433
Upon receipt of an order of the chief demanding payment of 10,435
240
the amount due, the surety immediately shall deposit with the 10,436
chief cash in the full amount due under the order for deposit 10,437
with the treasurer of state. If the surety fails to make an 10,438
immediate deposit, the chief shall certify it to the attorney 10,439
general for collection. When the chief has issued an order 10,440
terminating the right of the surety and has the cash on deposit, 10,441
the cash is the property of the state and is available for use by 10,443
the chief, who shall proceed in accordance with section 1514.06
of the Revised Code. 10,444
Sec. 1514.06. (A) There is hereby created in the state 10,453
treasury the surface mining reclamation fund. All cash that 10,454
becomes the property of the state pursuant to section 1514.05 of 10,455
the Revised Code shall be deposited in the fund, and expenditures 10,456
from the fund shall be made by the chief of the division of mines 10,458
and reclamation MINERAL RESOURCES MANAGEMENT only for the purpose 10,459
of reclaiming areas of land affected by surface mining operations 10,460
on which an operator has defaulted. 10,461
(B) Expenditures of moneys from the fund, except as 10,463
otherwise provided by this section, shall be made pursuant to 10,464
contracts entered into by the chief with persons who agree to 10,465
furnish all of the materials, equipment, work, and labor, as 10,466
specified and provided in the contracts, for the prices 10,467
stipulated therein. With the approval of the director of natural 10,468
resources, the chief may reclaim the land in the same manner as 10,469
he THE CHIEF required of the operator who defaulted. Each 10,471
contract awarded by the chief shall be awarded to the lowest 10,472
responsive and responsible bidder, in accordance with section 10,473
9.312 of the Revised Code, after sealed bids are received, 10,474
opened, and published at the time and place fixed by the chief. 10,475
The chief shall publish notice of the time and place at which 10,476
bids will be received, opened, and published, at least once at 10,477
least ten days before the date of the opening of the bids, in a 10,478
newspaper of general circulation in the county in which the area 10,479
of land to be reclaimed under the contract is located. If, after 10,480
241
so advertising for bids, no bids are received by the chief at the 10,481
time and place fixed for receiving them, the chief may advertise 10,482
again for bids, or, if he THE CHIEF considers the public interest 10,484
will be best served, he THE CHIEF may enter into a contract for 10,485
the reclamation of the area of land without further advertisement 10,488
for bids. The chief may reject any or all bids received and 10,489
again publish notice of the time and place at which bids for 10,490
contracts will be received, opened, and published. 10,491
(C) With the approval of the director, the chief, without 10,493
advertising for bids, may enter into a contract with the 10,495
landowner, a surface mine operator or coal mine operator mining 10,497
under a current, valid permit issued under this chapter or 10,499
Chapter 1513. of the Revised Code, or a contractor hired by a 10,500
surety to complete reclamation, to carry out reclamation on land 10,501
affected by surface mining operations on which an operator has 10,503
defaulted.
(D) With the approval of the director, the chief may carry 10,505
out all or part of the reclamation work on land affected by 10,507
surface mining operations on which the operator has defaulted 10,509
using the employees and equipment of any division of the 10,511
department of natural resources.
(E) The chief shall require every contractor performing 10,513
reclamation work under this section to pay workers at the greater 10,515
of their regular rate of pay, as established by contract, 10,517
agreement, or prior custom or practice, or the average wage rate 10,518
paid in this state for the same or similar work, as determined by 10,519
the chief under section 1513.02 of the Revised Code. 10,520
(F) Each contract entered into by the chief under this 10,522
section shall provide only for the reclamation of land affected 10,524
by the surface mining operation or operations of one operator and 10,525
not reclaimed by the operator as required by this chapter. If 10,526
there is money in the fund derived from the performance bond 10,527
deposited with the chief by one operator to ensure the 10,529
reclamation of two or more areas of land affected by the surface 10,530
242
mining operation or operations of one operator and not reclaimed 10,531
by him THE OPERATOR as required by this chapter, the chief may 10,533
award a single contract for the reclamation of all such areas of 10,534
land.
(G) The cost of the reclamation work done under this 10,536
section on each area of land affected by surface mining 10,537
operations on which an operator has defaulted shall be paid out 10,538
of the money in the fund derived from the performance bond that 10,540
was deposited with the chief to ensure the reclamation of that 10,541
area of land. If the amount of money is not sufficient to pay 10,542
the cost of doing all of the reclamation work on the area of land 10,543
that the operator should have done, but failed to do, the chief 10,545
may expend from the reclamation supplemental forfeiture fund 10,546
created in section 1513.18 of the Revised Code or the surface 10,547
mining administration fund created in THIS section 1514.11 of the 10,549
Revised Code the amount of money needed to complete reclamation 10,550
to the standards required by this chapter. The operator is 10,551
liable for that expense in addition to any other liabilities 10,552
imposed by law. At the request of the chief, the attorney 10,553
general shall bring an action against the operator for the amount 10,555
of the expenditures from either fund. Moneys so recovered shall 10,557
be deposited in the appropriate fund from which the expenditures 10,559
were made.
(H) If any part of the money in the surface mining 10,561
reclamation fund remains in the fund after the chief has caused 10,563
the area of land to be reclaimed and has paid all the reclamation 10,565
costs and expenses, or if any money remains because the area of 10,567
land has been repermitted under this chapter or reclaimed by a 10,568
person other than the chief, the chief may expend the remaining
money to complete other reclamation work performed under this 10,569
section.
Sec. 1514.07. Each order of the chief of the division of 10,578
mines and reclamation MINERAL RESOURCES MANAGEMENT affecting the 10,579
rights, duties, or privileges of an operator or his THE 10,581
243
OPERATOR'S surety or of an applicant for a permit or an amendment 10,583
to a permit or a plan shall be in writing and contain a finding 10,584
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 10,586
whose rights, duties, or privileges are affected.
If the chief finds that an operator has violated any 10,588
requirement of this chapter, failed to perform any measure set 10,589
forth in the approved plan of mining and reclamation that is 10,590
necessary to prevent damage to adjoining property or to achieve, 10,591
or has otherwise failed to achieve the performance standards of 10,592
division (A)(9) of section 1514.02 of the Revised Code, or caused 10,593
damage to adjoining property, the chief may issue orders 10,594
directing the operator to cease violation, perform such measures, 10,595
achieve such standards, or prevent or abate off-site damage. The 10,596
order shall identify the operation where the violation occurs, 10,597
the specific requirement violated, measure not performed, 10,598
standard not achieved, or off-site damage caused, and where 10,599
practicable prescribe what action the operator may take to comply 10,600
with the order. The chief shall fix and set forth in the order a 10,601
reasonable date or time by which the operator shall comply, and 10,602
the order shall state that the chief may revoke the operator's 10,603
permit if the order is not complied with by such date or time. 10,604
If upon such date or time the chief finds that the operator has 10,605
not complied with the order, he THE CHIEF may issue an order 10,606
revoking the operator's permit. 10,607
Sec. 1514.08. The chief of the division of mines and 10,616
reclamation MINERAL RESOURCES MANAGEMENT may adopt, amend, and 10,617
rescind rules in accordance with Chapter 119. of the Revised Code 10,618
in order to prescribe procedures for submitting applications for 10,620
permits, amendments to permits, and amendments to plans of mining 10,621
and reclamation; filing annual reports and final reports; 10,622
requesting inspection and approval of reclamation; paying permit 10,623
and filing fees; and filing and obtaining the release of 10,624
performance bonds deposited with the state. For the purpose of 10,626
244
preventing damage to adjoining property or achieving one or more 10,627
of the performance standards established in division (A)(9) of 10,628
section 1514.02 of the Revised Code, the chief may establish 10,629
classes of mining industries, based upon industrial categories, 10,630
combinations of minerals produced, and geological conditions in 10,631
which surface mining operations occur, and may prescribe 10,632
different rules consistent with the performance standards for 10,633
each class. For the purpose of apportioning the workload of the 10,634
division between OF MINERAL RESOURCES MANAGEMENT AMONG the 10,635
quarters of the year, the rules may require that applications for 10,636
permits and annual reports be filed in different quarters of the 10,637
year, depending upon the county in which the operation is 10,638
located.
Sec. 1514.10. No person shall: 10,647
(A) Engage in surface mining without a permit; 10,649
(B) Exceed the limits of a surface mining permit or 10,651
amendment to a permit by mining land contiguous to an area of 10,652
land affected under a permit or amendment, which contiguous land 10,653
is not under permit or amendment;
(C) Purposely misrepresent or omit any material fact in an 10,655
application for a surface mining permit or amendment, an annual 10,656
or final report, or in any hearing or investigation conducted by 10,657
the chief of the division of mines and reclamation MINERAL 10,659
RESOURCES MANAGEMENT or the reclamation commission; 10,660
(D) Fail to perform any measure set forth in the approved 10,662
plan of mining and reclamation that is necessary to prevent 10,663
damage to adjoining property or to achieve a performance standard 10,664
in division (A)(9) of section 1514.02 of the Revised Code, or 10,665
violate any other requirement of this chapter, a rule adopted
thereunder, or an order of the chief of reclamation. 10,666
Sec. 1514.11. There is hereby created in the state 10,675
treasury IN ADDITION TO THE PURPOSES AUTHORIZED IN SECTION 10,676
1514.06 OF THE REVISED CODE, THE CHIEF OF THE DIVISION OF MINERAL 10,677
RESOURCES MANAGEMENT MAY USE MONEYS IN the surface mining 10,678
245
administration fund to be used by the chief of the division of 10,679
mines and reclamation CREATED UNDER THAT SECTION for the 10,680
administration and enforcement of this chapter, for the 10,681
reclamation of land affected by surface mining under a permit 10,683
issued under this chapter that the operator failed to reclaim and 10,684
for which the performance bond filed by the operator is
insufficient to complete the reclamation, and for the reclamation 10,685
of land affected by surface mining that was abandoned and left 10,686
unreclaimed and for which no permit was issued or bond filed 10,687
under this chapter. The chief shall expend not more than five 10,689
hundred thousand dollars from the fund during any fiscal year for 10,690
the reclamation of abandoned surface mines. The FOR PURPOSES OF 10,691
THIS SECTION, THE chief shall expend moneys in the fund in 10,692
accordance with the procedures and requirements established in 10,693
section 1514.06 of the Revised Code for expenditures of moneys 10,694
from the surface mining reclamation fund created in that section 10,695
and may enter into contracts and perform work in accordance with 10,697
that section.
Permit fees and filing fees FEES collected under sections 10,699
1514.02 and 1514.03 of the Revised Code, one-half of the moneys 10,701
collected from the severance taxes levied under divisions (A)(3) 10,702
and (4) of section 5749.02 of the Revised Code, and all of the 10,703
moneys collected from the severance tax levied under division 10,704
(A)(7) of section 5749.02 of the Revised Code shall be credited 10,705
to the fund in accordance with those sections. Notwithstanding 10,706
any section of the Revised Code relating to the distribution or 10,707
crediting of fines for violations of the Revised Code, all fines 10,708
imposed under section 1514.99 of the Revised Code shall be 10,709
credited to the fund.
Sec. 1561.01. As used in this chapter and Chapters 1563., 10,718
1565., and 1567. of the Revised Code, and in other sections of 10,719
the Revised Code relating to the mining law, unless other meaning 10,720
is clearly apparent in the language and context: 10,721
(A) "Mine" means an underground or surface excavation or 10,723
246
development with or without shafts, slopes, drifts, or tunnels 10,724
for the extraction of coal, gypsum, asphalt, rock, or other 10,725
materials containing the same, or for the extraction of natural 10,726
gas or petroleum by means that are substantially similar to the 10,727
underground extraction of coal, gypsum, asphalt, rock, or other 10,728
materials containing the same, with hoisting or haulage equipment 10,729
and appliances for the extraction of such materials; and embraces 10,730
the land or property of the mining plant, the surface, and 10,731
underground, that is used for or contributes to the mining 10,732
properties, or concentration or handling of coal, gypsum, 10,733
asphalt, rock, or other materials containing the same or of 10,734
natural gas or petroleum. 10,735
(B) "Shaft" means a vertical opening through the strata 10,737
which THAT is or may be used for ventilation, drainage, or 10,738
hoisting men WORKERS or material or both in connection with the 10,740
mining of coal or other minerals or materials. 10,742
(C) "Slope" means an incline or opening used for the same 10,744
purpose as a shaft. 10,745
(D) "Drift" means an opening through the strata on which 10,747
opening grades are such to permit the coal or materials to be 10,748
hauled by mules or mechanical traction power, and which opening 10,749
may be used for ventilation, drainage, ingress, egress, and other 10,750
purposes in connection with the mining of coal or other 10,751
materials. 10,752
(E) "Excavations and workings" means the excavated 10,754
portions of the mine, those abandoned as well as the places 10,755
actually being worked, underground workings, shafts, tunnels, and 10,756
other ways in the course of being sunk or driven, slopes, 10,757
tunnels, and other openings, and all such shafts, together with 10,758
all roads, appliances, machinery, and material connected with the 10,759
same below the surface. 10,760
(F) "Face" means the advancing breast of any working 10,762
place. 10,763
(G) "Pillar" means a solid block of ore, coal, or other 10,765
247
material, left unmined to support the overlying strata in a mine. 10,766
(H) "Rock dusting" means to distribute or apply fine rock 10,768
dust on underground surfaces in coal mines to prevent, check, 10,769
control, or extinguish coal dust explosions. 10,770
(I) "Rock dust barriers" means a quantity of dry rock dust 10,772
placed in suitable containers so located in underground coal 10,773
mines that the advanced wave of a coal dust explosion will 10,774
automatically cause the rock dust to be thrown into suspension to 10,775
extinguish or arrest the flames of an explosion. 10,776
(J) "Operator" means any firm, corporation, or individual 10,778
operating any mine or part thereof. 10,779
(K) "Superintendent" means the person who shall have HAS, 10,781
on behalf of the operator, immediate supervision of one or more 10,782
mines. 10,783
(L) "Mine foreman FOREPERSON" means the person whom the 10,785
operator or superintendent places in charge of the inside or 10,787
outside workings of the mine and of the persons employed therein 10,788
or thereat.
(M) "Foreman FOREPERSON" means the person designated to 10,790
assist the mine foreman FOREPERSON in the immediate supervision 10,791
of a portion or the whole of a mine or of the persons employed 10,793
therein.
(N) "Fire boss" means a person whom the mine foreman 10,795
FOREPERSON is required to employ under certain conditions 10,796
designated in this chapter and Chapters 1563., 1565., and 1567. 10,797
of the Revised Code, relative to explosive gases when the same 10,798
are found to exist in a mine. 10,799
(O) "Shot firer" means a practical and experienced person 10,801
whose duties shall be ARE to charge, set off, and discharge the 10,802
shots under the direction of the mine foreman FOREPERSON or 10,803
foreman FOREPERSON. 10,804
(P) "Deputy mine inspector" means a person appointed in 10,806
the division of mines and reclamation MINERAL RESOURCES 10,807
MANAGEMENT to inspect mines to see that this chapter and Chapters 10,809
248
1563., 1565., and 1567. of the Revised Code are complied with. 10,811
(Q) "Permissible or approved" as applied in connection 10,813
with explosive flame safety lamps, electric safety lamps, 10,814
electric machinery, rescue apparatus, and other devices, 10,815
appliances, machinery, and equipment means materials, apparatus, 10,816
devices, appliances, machinery, and equipment officially listed 10,817
by the mine safety and health administration in the United States 10,818
department of labor and approved as having met its requirements 10,819
for the respective specified uses, or equivalent standards 10,820
determined and established by the chief of the division of mines 10,822
and reclamation MINERAL RESOURCES MANAGEMENT.
(R) "Gas" means an inflammable gas, chiefly methane, which 10,824
THAT when mixed in certain proportions with air is explosive. 10,825
(S) "Methane" is a hydrocarbon gas (CH4) frequently 10,827
encountered in coal mines. 10,828
(T) "Explosive mixture of methane and air" is a mixture of 10,830
air and methane which THAT will explode in the presence of a 10,831
flame or hot spark when the methane content is between five and 10,833
fifteen per cent. 10,834
(U) "Electric system" means all apparatus and electric 10,836
circuits receiving electric energy or that may receive electric 10,837
energy from a common source. Where the source of power is under 10,838
control of the mine, such source of power will be considered as a 10,839
part of the electric system. If power is obtained from a central 10,840
station not under control of such mine, "electric system" refers 10,841
only to that part of the system which THAT is under control of 10,842
such mine. 10,843
(V) "Electric circuit" means all conductors, including 10,845
ground returns, furnishing energy to or receiving energy from 10,846
electric apparatus. 10,847
(W) "Branch circuit" means all circuits connected to main 10,849
circuits coming from generators or other main sources of supply. 10,850
(X) "Potential" and "voltage" are synonymous and mean 10,852
electrical pressure. 10,853
249
(Y) "Potential of a circuit or voltage of a circuit, 10,855
machine, or any piece of electrical apparatus" is the potential 10,856
normally existing between the conductors of such circuit or the 10,857
terminals of such machine or apparatus. 10,858
(Z) "Difference of potential" means the difference of 10,860
electrical pressure existing between any two points of an 10,861
electrical system, or between any point of such system and the 10,862
earth, as determined by a voltmeter. 10,863
(AA) A "low LOW voltage supply" means the situation where 10,866
the conditions of the supply of electricity are such that the 10,867
difference in potential between any points of the circuit does 10,868
not exceed four hundred fifty volts. 10,869
(BB) A "high HIGH voltage supply" means the situation 10,871
where the conditions of the supply of electricity are such that 10,873
the difference of potential between any two points in the circuit 10,874
exceeds four hundred fifty volts. 10,875
(CC) "Trailing cable" means an electric power cable 10,877
attached to a mobile machine or unit. 10,878
(DD) "Grounding" means the connecting of any part of an 10,880
electric system with the earth in such a manner that there is no 10,881
difference of potential between such connected part and the 10,882
earth. 10,883
(EE) "Mobile machinery or portable machinery" means 10,885
machinery which THAT moves about under its own power, or is 10,886
carried, pulled, or trammed from place to place. 10,888
(FF) "Semipermanent" machinery" means machinery which THAT 10,891
is mounted on a form of truck which THAT permits it to be moved 10,892
readily from place to place, but the function of which is to do 10,893
its work in a semipermanent location. 10,894
(GG) "Permanent" machinery" means machinery which THAT is 10,897
installed on a permanent foundation attached to the ground.
(HH) "Underground station" means any place underground 10,899
where electrical machinery, transformers, or switchboards are 10,900
permanently installed. 10,901
250
(II) "Electrical inspector" means a person appointed by 10,903
the chief of the division of mines and reclamation to examine 10,904
surface and underground electrical systems and equipment at mines 10,905
for fire, shock, and explosion hazards. 10,906
(JJ) A "well WELL" means any borehole, whether drilled or 10,909
bored, within the state, for the production, extraction, or 10,910
injection of any gas or liquid mineral, excluding only potable 10,911
water to be used as such, but including natural or artificial 10,912
brines and oil field waters. 10,913
(KK) "Prepared clay" means a clay which THAT is plastic 10,915
and is thoroughly saturated with fresh water to a weight and 10,916
consistency great enough to settle through the salt water in the 10,917
well in which it is to be used, except as otherwise approved by 10,918
the chief of the division of mines and reclamation in exceptional 10,919
cases.
(LL) "Rock sediment" means the combined cuttings and 10,921
residue from drilling sedimentary rocks and formations, commonly 10,922
known as sand pumpings. 10,923
(MM) "Accessible travel route" means an unobstructed 10,925
passageway not less than twenty-four inches wide with reflective 10,926
materials at intervals so as to be visible to persons using the 10,927
passageway. 10,928
(NN) "Longwall working face" means a working face in a 10,930
coal mine in which work extracting coal from its natural deposit 10,931
in the earth is performed during a mining cycle by longwall 10,932
mining. 10,933
(OO) "Longwall working section" means all areas from and 10,935
including the section transformer to and including the longwall 10,936
working face. 10,937
(PP) "Longwall mining" means a system of mining designed 10,939
for full pillar extraction that minimizes the possibility of 10,940
outburst or squeezes and allows total caving of the main roof in 10,941
the pillar area. 10,942
Sec. 1561.02. The division of mines and reclamation 10,951
251
MINERAL RESOURCES MANAGEMENT has jurisdiction over all mines and 10,953
quarries located in the state, and shall exercise such
supervision over them and their development and operation as is 10,954
provided by law.
Sec. 1561.03. The chief of the division of mines and 10,964
reclamation MINERAL RESOURCES MANAGEMENT shall enforce and 10,965
supervise the execution of all laws enacted for the health and 10,966
safety of persons and the protection and conservation of property 10,967
within, about, or in connection with mines, mining, and quarries, 10,968
and for such purpose shall adopt, publish, and enforce necessary 10,969
rules not inconsistent with the mining laws of this state. 10,970
Sec. 1561.04. The chief of the division of mines and 10,979
reclamation MINERAL RESOURCES MANAGEMENT shall annually make a 10,981
report to the governor, which shall include:
(A) A summary of the activities and of the reports of the 10,983
deputy mine inspectors; 10,984
(B) A statement of the condition and the operation of the 10,986
mines of the state; 10,987
(C) A statement of the number of accidents in and about 10,989
the mines, the manner in which they occurred, and any other data 10,990
and facts bearing upon the prevention of accidents and the 10,991
preservation of life, health, and property, and any suggestions 10,992
relative to the better preservation of the life, health, and 10,993
property of those engaged in the mining industry. 10,994
The records of the bureau of workers' compensation shall be 10,996
available to the chief for information concerning such a report. 10,997
He THE CHIEF shall send by mail to each coal operator in the 10,998
state, to a duly designated representative of the miners at each 11,000
mine, and to such other persons as he THE CHIEF deems proper, a 11,001
copy of such report. He THE CHIEF may have as many copies of 11,002
such report printed as are needed to make the distribution 11,003
thereof as provided in this section. 11,004
The chief shall also prepare and publish for public 11,006
distribution quarterly reports, including therein information 11,007
252
relative to the items enumerated in this section that is 11,008
pertinent or available at such times. 11,009
Sec. 1561.05. The laws relating to mines and mining and 11,018
duties and functions of the division of mines and reclamation 11,019
MINERAL RESOURCES MANAGEMENT shall be administered by the chief 11,020
of the division of mines and reclamation MINERAL RESOURCES 11,021
MANAGEMENT, and through and by deputy mine inspectors. If a 11,023
vacancy occurs in the office of a deputy mine inspector, it may 11,024
be filled by the chief, who shall select a qualified person from 11,025
the eligible list certified to him THE CHIEF by the mine
examining board for deputy mine inspectors. 11,027
Sec. 1561.06. The chief of the division of mines and 11,036
reclamation MINERAL RESOURCES MANAGEMENT shall designate the 11,037
townships in which mineable or quarryable coal or other mineral 11,038
is or may be mined or quarried, which townships shall be 11,039
considered coal or mineral bearing townships. He THE CHIEF shall 11,040
divide the coal or other mineral bearing townships into such 11,041
districts as he THE CHIEF deems best for inspection purposes, and 11,042
he THE CHIEF may change such districts whenever, in his THE 11,043
CHIEF'S judgment, the best interests of the service require. 11,044
The chief shall designate as provided in this section as 11,046
coal or mineral bearing townships those townships in which coal 11,047
is being mined or in which coal is found in such thickness as to 11,048
make the mining of such coal or mineral probable at some future 11,049
time, and shall designate such township as a unit. As used in 11,050
this chapter and Chapters 1563., 1565., and 1567. of the Revised 11,051
Code, "coal or mineral bearing township" means a township which 11,052
THAT has been so designated by the chief under this section. 11,053
The chief shall also designate the townships in which coal 11,055
is being mined or in which coal is found in such thickness as to 11,056
make the mining of such coal probable at some future time as 11,057
"coal bearing townships" as such term is used in Chapter 1509. of 11,058
the Revised Code. The chief shall certify to the chief of the 11,060
division of oil and gas the townships which he has so designated
253
as coal bearing townships. 11,061
Sec. 1561.07. The mining laws of this state shall extend 11,070
to and govern the operation af OF clay mines and clay stripping 11,071
pits in so far as such laws are applicable thereto. The chief of 11,073
the division of mines and reclamation MINERAL RESOURCES 11,074
MANAGEMENT shall adopt, publish, and enforce specific rules 11,075
particularly applicable to clay mining operations to safeguard 11,076
life and property in the clay mining industry and to secure safe 11,078
and sanitary working conditions in such clay mines and clay
stripping pits. 11,079
Such rules adopted by the chief shall provide that: 11,081
(A) Distances between break-throughs in clay mines shall 11,083
not exceed one hundred feet, unless permission in special cases 11,084
is granted by the chief, after maps have been filed with him THE 11,085
CHIEF showing the method of working and ventilating the same, if 11,086
such distances would add to increased safety;. 11,087
(B) When, in the opinion of the mine foreman FOREPERSON or 11,089
deputy mine inspector, line brattices or other approved methods 11,091
of circulation are necessary to deliver sufficient air to the 11,092
working face, they shall be provided by the owner, operator, or 11,093
lessee;.
(C) Not more than a two days' supply of explosives shall 11,095
be stored in a clay mine at any one time, and not more than one 11,096
hundred pounds of explosives shall be stored in any one place at 11,097
any one time;.
(D) Charges of explosives shall be made up at least one 11,099
hundred feet away from any storage place for explosives;. 11,100
(E) There shall be no less than two persons in each 11,102
working place when shots are being lighted;. 11,103
(F) Misfired shots in clay mines shall be posted on the 11,105
bulletin board or other conspicuous place available for 11,106
examination by the workers when shots are fired by other than the 11,107
loaders;.
(G) The use of electric blasting caps shall be encouraged 11,109
254
as a safety measure. 11,110
The chief, in assigning deputy mine inspectors, shall 11,112
designate inspectors who have had experience and are especially 11,113
qualified in clay mining operations, to examine and inspect clay 11,114
mining operations and enforce the law relating to such 11,115
operations.
The mine examining board, in conducting examinations and 11,117
issuing certificates for mine foremen FOREPERSONS, shall in its 11,118
rules and regulations provide for the examination of applicants 11,120
for certificates as mine foremen FOREPERSONS in a clay mine or 11,121
clay stripping pits to test the applicant on experience and 11,122
fitness on the problems and duties peculiar to the clay mining 11,123
industry. An applicant for a certificate as a clay mine foreman 11,124
FOREPERSON shall have at least three years' experience in mining 11,126
operations.
Sec. 1561.10. (A) There is hereby created in the division 11,135
of mines and reclamation MINERAL RESOURCES MANAGEMENT the mine 11,137
examining board consisting of five members to be appointed by the 11,139
governor with the advice and consent of the senate. Terms of 11,140
office shall be for three years, commencing on the eleventh day 11,141
of September and ending on the tenth day of September. Each 11,142
member shall hold office from the date of appointment until the 11,143
end of the term for which the member was appointed. Vacancies 11,144
shall be filled by appointment by the governor. Any member 11,146
appointed to fill a vacancy occurring prior to the expiration of 11,147
the term for which the member's predecessor was appointed shall 11,149
hold office for the remainder of that term. Any member shall 11,150
continue in office subsequent to the expiration date of the 11,151
member's term until the member's successor takes office, or until 11,152
a period of sixty days has elapsed, whichever occurs first. The 11,153
governor may remove any member of the board for misconduct, 11,154
incompetency, neglect of duty, or any other sufficient cause. 11,155
One of the appointees to the board shall be a person who, 11,159
because of previous vocation, employment, or affiliation, can be 11,160
255
classed as a representative of the owner, operator, or lessee of 11,161
a coal mine. Prior to making the appointment, the governor shall 11,162
request the major trade association in this state that represents 11,164
owners, operators, or lessees of coal mines to submit to the 11,165
governor the names and qualifications of three nominees. The 11,166
governor shall appoint one of the nominees to the board. Except 11,167
as otherwise provided in this division, the nominees shall have 11,168
not less than five years of practical experience in the coal 11,169
mining industry in positions in which they developed competence 11,170
in the topics of mine health andsafety AND SAFETY. The major 11,171
trade association shall represent a membership that produced a
larger quantity of coal mined in this state than the membership 11,172
of any other trade association in the year prior to the year in 11,173
which the appointment is made. 11,174
One of the appointees shall be a person who, because of 11,176
previous vocation, employment, or affiliation, can be classed as 11,177
a representative of the owner, operator, or lessee of an 11,178
aggregates mine. Prior to making the appointment, the governor 11,179
shall request the major trade association in this state that 11,180
represents owners, operators, or lessees of aggregates mines to 11,181
submit to the governor the names and qualifications of three 11,182
nominees. The governor shall appoint one of the nominees to the 11,183
board. Except as otherwise provided in this division, the 11,184
nominees shall have not less than five years of practical 11,185
experience in the aggregates mining industry in positions in 11,186
which they developed competence in the topics of mine health and 11,187
safety. The major trade association shall represent a membership 11,188
that produced a larger quantity of aggregates mined in this state 11,189
than the membership of any other trade association in the year 11,190
prior to the year in which the appointment is made. 11,191
One of the appointees shall be a person who, because of 11,194
previous vocation, employment, or affiliation, can be classed as 11,195
a representative of employees currently engaged in coal mining 11,197
operations. Prior to making the appointment, the governor shall 11,198
256
request the highest ranking officer in the major employee 11,199
organization representing coal miners in this state to submit to 11,200
the governor the names and qualifications of three nominees. The 11,202
governor shall appoint one of the nominees to the board. Except 11,203
as otherwise provided in this division, the nominees shall have 11,204
not less than five years of practical experience in dealing with 11,205
mine health and safety issues and at the time of the nomination 11,206
shall be employed in positions that involve the protection of the 11,207
health and safety of miners. The major employee organization 11,208
representing coal miners shall represent a membership consisting 11,209
of the largest number of coal miners in this state compared to 11,210
other employee organizations in the year prior to the year in 11,211
which the appointment is made. 11,212
One of the appointees shall be a person who, because of 11,214
previous vocation, employment, or affiliation, can be classed as 11,215
a representative of employees currently engaged in aggregates 11,216
mining operations. Prior to making the appointment, the governor 11,217
shall request the highest ranking officer in the major employee 11,218
organization representing aggregates miners in this state to
submit to the governor the names and qualifications of three 11,219
nominees. The governor shall appoint one of the nominees to the 11,220
board. Except as otherwise provided in this division, the 11,221
nominees shall have not less than five years of practical 11,223
experience in dealing with mine health and safety issues and at 11,224
the time of the nomination shall be employed in positons 11,225
POSITIONS that involve the protection of the health and safety of 11,226
miners. The major employee organization representing aggregates 11,227
miners shall represent a membership consisting of the largest 11,228
number of aggregates miners in this state compared to other 11,229
employee organizations in the year prior to the year in which the 11,230
appointment is made.
One of the appointees shall be a person who can be classed 11,233
as a representative of the public. Except as otherwise provided 11,234
in this division, the appointee shall have not less than five 11,235
257
years of technical, practical experience in either the field of 11,236
mine health and safety or occupational health and safety, or 11,237
both. For a period of three years prior to the appointment, the 11,238
appointee shall not have been employed in the mining industry. 11,239
An appointee who has received a bachelor's degree in mining 11,242
engineering or technology need not have at least five years of 11,243
practical experience as otherwise provided in this division, but 11,244
shall have a total of not less than three years of practical 11,245
experience in the mining industry in a position that provided the 11,247
person with practical knowledge of mine health and safety.
Not more than three of the members of the board shall 11,250
belong to the same political party. The chief of the division of 11,252
mines and reclamation MINERAL RESOURCES MANAGEMENT or the chief's 11,253
designee shall be ex officio secretary to the board. 11,254
(B) The board shall have full power to do both of the 11,256
following: 11,257
(1) Adopt and enforce reasonable rules relative to the 11,260
exercise of its powers and proper rules to govern its proceedings 11,261
and to regulate the manner of appeals; 11,262
(2) Employ experts, advisors, and secretarial, clerical, 11,265
stenographic, and other employees.
(C) Each member of the board shall receive a salary fixed 11,267
pursuant to division (J) of section 124.15 of the Revised Code 11,268
when actually performing official duties, and, in addition to a 11,270
salary, each member shall be reimbursed for all actual and 11,272
necessary travel and incidental expenses incurred in carrying out 11,273
official duties. 11,274
(D) The board shall elect from its members a chairperson 11,277
and vice-chairperson. A quorum of the board shall consist of not 11,279
less than three members, and no action at any meeting shall be 11,281
taken unless at least three votes are in accord. The secretary 11,282
of the board shall keep a true and complete record of all the 11,284
proceedings of the board. With the approval of the board, the 11,285
secretary may employ clerical assistants. The board shall adopt 11,286
258
all necessary rules and bylaws to govern its times and places of 11,288
meetings, for organization and reorganization, for holding all 11,289
examinations, and for governing all other matters requisite to 11,290
the exercise of its powers, the performance of its duties, and 11,291
the transaction of its business under this chapter and Chapters 11,292
1509., 1563., 1565., and 1567. of the Revised Code. The board
shall adopt and have an official seal. 11,293
(E) Each member of the board shall complete the annual 11,296
refresher training required for miners under 30 C.F.R. 48.8 11,298
(1997). In addition to the annual refresher training, each
member shall complete twenty-four hours of continuing education 11,299
during each member's three-year term of office on the topics of 11,300
mining technology and laws governing mining health and safety. 11,302
Sec. 1561.13. The mine examining board shall conduct 11,311
examinations for offices and positions in the division of mines 11,312
MINERAL RESOURCES MANAGEMENT, and for mine foremen FOREPERSONS, 11,314
mine electricians, shot firers, surface mine blasters, and fire 11,315
bosses, as follows:
(A) Division of mines and reclamation MINERAL RESOURCES 11,317
MANAGEMENT: 11,318
(1) Deputy mine inspectors of underground mines; 11,320
(2) Deputy mine inspectors of surface mines; 11,322
(3) Electrical inspectors; 11,324
(4) Superintendent of rescue stations; 11,326
(5) Assistant superintendents of rescue stations; 11,328
(6) Mine chemists at A division of mines laboratory IF THE 11,330
CHIEF OF THE DIVISION OF MINERAL RESOURCES MANAGEMENT CHOOSES TO 11,331
OPERATE A LABORATORY; 11,332
(7) Gas storage well inspector. 11,334
(B) Mine foremen FOREPERSONS: 11,336
(1) Mine foreman FOREPERSON of gaseous mines; 11,338
(2) Mine foreman FOREPERSON of nongaseous mines; 11,340
(3) Mine foreman FOREPERSON of surface mines. 11,342
(C) Foremen FOREPERSONS: 11,344
259
(1) Foreman FOREPERSON of gaseous mines; 11,346
(2) Foreman FOREPERSON of nongaseous mines; 11,348
(3) Foreman FOREPERSON of surface maintenance facilities 11,350
at underground or surface mines; 11,351
(4) Foreman FOREPERSON of surface mines. 11,353
(D) Fire bosses. 11,355
(E) Mine electricians. 11,357
(F) Surface mine blasters. 11,359
(G) Shot firers. 11,361
The board shall hold such meetings as are necessary for the 11,363
proper discharge of its duties. 11,364
The board shall meet annually at the capitol, as prescribed 11,366
by its rules, for the examination of candidates for appointment 11,367
or promotion as deputy mine inspectors and such other positions 11,368
and offices set forth in division (A) of this section as are 11,369
necessary. Special examinations may be held whenever it becomes 11,370
necessary to make appointments to any of those positions. 11,371
For the examination of persons seeking certificates of 11,373
competency as mine foremen FOREPERSONS, foremen FOREPERSONS, mine 11,374
electricians, shot firers, surface mine blasters, and fire 11,375
bosses, the board shall hold meetings, quarterly or more often as 11,376
required, at such times and places within the state as shall, in 11,377
the judgment of the members, afford the best facilities to the 11,378
greatest number of applicants. Public notice shall be given 11,379
through the press or otherwise, not less than ten days in 11,380
advance, announcing the time and place at which examinations 11,381
under this section are to be held. 11,382
The examinations provided for in this section shall be 11,384
conducted under rules and conditions prescribed by the board. 11,385
Such rules shall be made a part of the permanent record of the 11,386
board, and such of them as relate to particular candidates shall, 11,387
upon application of any candidate, be furnished to him THE 11,388
CANDIDATE by the board; they shall also be of uniform application 11,390
to all candidates in the several groups. 11,391
260
Sec. 1561.26. (A) As used in this section, "EMT-basic," 11,402
"EMT-I," and "paramedic" have the same meanings as in section
4765.01 of the Revised Code. 11,404
(B) The superintendent of rescue stations, with the 11,406
approval of the chief of the division of mines and reclamation 11,407
MINERAL RESOURCES MANAGEMENT, shall, at each rescue station 11,408
provided for in section 1561.25 of the Revised Code, train and 11,409
employ rescue crews of six members each, one of whom shall hold a 11,410
mine foreman FOREPERSON or fire boss certificate and be 11,411
designated captain, and train and employ any number of such 11,413
rescue crews as he THE SUPERINTENDENT believes necessary. One 11,414
member of a rescue crew shall be certified as an EMT-basic, 11,415
EMT-I, or paramedic. Each member of a rescue crew shall devote 11,417
the time specified by the chief each month for training purposes 11,418
and shall be available at all times to assist in rescue work at 11,419
explosions, mine fires, and other emergencies. 11,420
A captain of mine rescue crews shall receive for service as 11,423
captain the sum of twenty-four dollars per month, and each member 11,425
shall receive the sum of twenty dollars per month, all payable on 11,426
requisition approved by the chief. When engaged in rescue work 11,427
at explosions, mine fires, or other emergencies away from their 11,428
station, the members of the rescue crews and captains of the same 11,429
shall be paid the sum of six dollars per hour for work on the 11,430
surface, which includes the time consumed by such members in 11,432
traveling to and from the scene of such emergency when such scene 11,433
is away from the station of such members, and the sum of seven 11,434
dollars per hour for all work underground at such emergency, and 11,435
in addition thereto, the necessary living expenses of such 11,436
members when such emergency is away from their home station, all 11,437
payable on requisition approved by the chief. 11,438
Each member of a mine rescue crew shall undergo an annual 11,440
medical examination by a doctor designated by the chief. In 11,441
designating such doctor, the chief shall choose one near to the 11,442
station of the member of such rescue crews. Such doctor shall 11,444
261
report his THE DOCTOR'S findings to the chief and if, in the 11,445
opinion of the chief, such report indicates that such member is 11,446
physically unfit for further services, the chief shall relieve 11,447
him THE MEMBER from further duty. The fee charged by such doctor 11,448
for such examination shall be paid in the same manner as fees are 11,449
paid to doctors employed by the industrial commission for special 11,450
medical examinations. 11,451
The chief may remove any member of a rescue crew for any 11,453
reason. Such crews shall be subject to the orders of the chief, 11,454
the superintendent, and the deputy mine inspectors when engaged 11,455
in actual mine rescue work. Mine rescue crews shall, in case of 11,456
death or injury when engaged in rescue work, wherever the same 11,457
may occur, be paid compensation, or their dependents shall be 11,458
paid death benefits, from the workers' compensation fund, in the 11,459
same manner as other employees of the state. 11,460
(C) In addition to the training of rescue crews, each 11,462
assistant superintendent of rescue stations, with the approval of 11,463
the superintendent, shall provide for and conduct safety, first 11,464
aid, and rescue classes at any mine or for any group of miners 11,465
who make application for the conducting of such classes. 11,466
The superintendent shall prescribe and provide for a 11,468
uniform schedule of conducting such safety and rescue classes as 11,469
will provide a competent knowledge of modern safety and rescue 11,470
methods in, at, and about mines. 11,471
Sec. 1561.27. The A division of mines and reclamation 11,480
MINERAL RESOURCES MANAGEMENT laboratory, equipped for making 11,482
proper chemical tests of the air, gases, and coal and mine dust, 11,483
together with research, experimental work, and other things, 11,484
proper, necessary, or appurtenant to the inspection of mines, and 11,485
quarries, and to the administration of this chapter and Chapters 11,486
1509., 1563., 1565., and 1567. of the Revised Code, shall be 11,488
operated by, and under the direction and control of, the chief of
the division of mines and reclamation MINERAL RESOURCES 11,489
MANAGEMENT. He THE CHIEF shall employ not more than three 11,491
262
chemists, and such clerical help as conditions require. The 11,492
necessary equipment and supplies to maintain such laboratory 11,494
shall be supplied by the chief.
Sec. 1561.28. The chief of the division of mines and 11,503
reclamation MINERAL RESOURCES MANAGEMENT shall designate one of 11,505
the chemists, provided for in section 1561.27 of the Revised 11,506
Code, to be in charge of and supervise and direct the work of the 11,507
A mine laboratory OPERATED UNDER THAT SECTION. The chemists 11,508
shall make proper chemical tests of samples of mine air, gases, 11,510
and coal and mine dust, and keep a permanent record of the same 11,511
showing the date, time, and place where taken, the results of the 11,512
test and analysis, and any further data that is proper, 11,513
necessary, and pertinent to the inspection of mines. They shall 11,514
conduct such research and experimental work and tests as will 11,515
provide for better working, health, and safety conditions in the 11,516
mines and quarries, and will aid in the development and 11,517
furtherance of such industries.
Sec. 1561.31. Each deputy mine inspector shall inspect 11,526
each mine in the inspector's district, the owner, lessee, agent, 11,527
or operator of which is an employer as defined in section 4123.01 11,529
of the Revised Code, or any other mine at which three or more 11,531
persons work, at intervals not exceeding three months between 11,532
inspections, and all other mines in the inspector's district as 11,533
often as practical, noting particularly the location and 11,534
condition of buildings, the condition of the boiler, machinery, 11,535
workings of the mine, the traveling ways and haulageways, the 11,536
circulation and condition of the air and drainage, and the 11,537
condition of electrical circuits and appliances. The inspector 11,538
shall make tests for poisonous, explosive, and noxious gases, and 11,539
shall specifically order compliance with any section of THIS 11,540
CHAPTER AND Chapters 1561., 1563., 1565., AND 1567., and sections 11,542
1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 11,543
of the Revised Code which THAT the inspector finds is being 11,546
violated.
263
Upon completion of the inspection of a mine, the inspector 11,548
shall fill out a report of the conditions found during 11,549
inspections on a form provided by the chief of the division of 11,550
mines and reclamation MINERAL RESOURCES MANAGEMENT, which form 11,551
shall provide for statements as to whether the laws are being 11,553
observed or violated, and if violated, the nature and extent 11,554
thereof, the date of the inspection, the number of persons 11,555
employed in and about the mine, whether or not a certificate of 11,556
compliance issued pursuant to section 4123.35 of the Revised Code 11,559
is posted and the date of expiration thereof, and matters, 11,560
things, and practices that specifically are covered by law, order 11,561
of the chief, or previous order of the inspector. The inspector 11,562
shall make this report in quadruplicate or quintuplicate, and 11,563
send the original to the chief, post a copy at the mine, give a 11,564
copy to the mine superintendent, and retain a copy for the 11,565
inspector's files. Where the miners of a mine have a mine safety 11,566
committee, the inspector shall post one additional copy of the 11,567
report of that mine at that mine for the use and possession of 11,568
the committee. The report required by this section shall be 11,569
known as the inspector's routine report. 11,570
If an inspector orders compliance with THIS CHAPTER AND 11,573
Chapters 1561., 1563., 1565., AND 1567., and sections 1509.09, 11,574
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 of the 11,575
Revised Code, and is assured by the superintendent of the mine to 11,576
which the order applies that the order will be complied with, the 11,577
inspector shall revisit the mine within a reasonable period of 11,578
time and ascertain whether or not the order has been complied 11,579
with. The inspector shall report the inspector's findings to the 11,580
chief on a form to be provided by the chief, and take action to 11,581
enforce compliance. 11,582
Sec. 1561.32. The electrical inspectors shall examine 11,591
surface and underground electrical installations at all mines for 11,592
fire, shock, and explosion hazards, and for compliance with the 11,593
electrical regulations REQUIREMENTS of this chapter and Chapters 11,594
264
1563., 1565., and 1567. of the Revised Code, at least once each 11,596
year. In gaseous mines such examinations shall be made of all 11,597
underground installations at least once each six months. A 11,598
written report of each examination shall be made to the owner, 11,599
lessee, or agent of the mine, and to the chief of the division of 11,600
mines and reclamation MINERAL RESOURCES MANAGEMENT, through the 11,601
deputy mine inspector of the district in which the examination 11,602
has been made. These inspection reports shall be handled in the 11,603
same manner as are the reports of the deputy mine inspector. 11,604
No owner, lessee, agent, or operator of a mine shall 11,606
willfully PURPOSELY refuse or neglect to comply with this 11,607
section. 11,608
Sec. 1561.33. On or before each Monday, each deputy mine 11,617
inspector shall file in the office of the chief of the division 11,618
of mines and reclamation MINERAL RESOURCES MANAGEMENT a record 11,619
showing the number of mines in the district examined by him THE 11,620
DEPUTY MINE INSPECTOR during the preceding week, the number of 11,621
persons employed in and about such mines, the date of each 11,622
examination, the condition of each mine examined, whether the 11,623
laws relating to mines and mining are being observed or violated, 11,624
and if violated, the nature and extent of such violations, the 11,625
progress made in safeguarding the lives and protecting the health 11,626
of the employees in and about the mines, and other facts of 11,627
public interest concerning the condition of mines and the
development and progress in mining. 11,628
Sec. 1561.34. If a deputy mine inspector finds danger of 11,637
an imminent and extraordinary character in any mine he, THE 11,638
DEPUTY MINE INSPECTOR shall immediately take steps to safeguard 11,640
the employees, notify the superintendent, the mine foreman 11,642
FOREPERSON, or any other person in charge of employees at once of 11,644
the condition he THE DEPUTY MINE INSPECTOR has found, and require 11,645
them to exercise their authority to remedy the situation; in all 11,646
such instances, he THE DEPUTY MINE INSPECTOR shall stop all 11,647
workings in the particular section in which he THE DEPUTY MINE 11,649
265
INSPECTOR found the dangerous condition, or the entire mine if 11,651
necessary, until the condition found is remedied. Before leaving 11,652
the mine property, he THE DEPUTY MINE INSPECTOR shall make a 11,653
report in writing setting forth clearly the dangerous conditions 11,654
of imminent and extraordinary character found, the steps taken by 11,655
him THE DEPUTY MINE INSPECTOR to safeguard the employees, and 11,656
confirming the orders or instructions given to the 11,657
superintendent, mine foreman FOREPERSON, or other person in 11,658
charge of employees. He THE DEPUTY MINE INSPECTOR shall make 11,659
this report in quadruplicate or quintuplicate, sending the 11,661
original at once to the chief of the division of mines and 11,662
reclamation MINERAL RESOURCES MANAGEMENT, giving a copy to the 11,663
mine superintendent, posting one on the bulletin board of the 11,664
mine, and retaining a copy for his THE DEPUTY MINE INSPECTOR'S 11,665
files. Where the miners have a mine safety committee, he THE 11,666
DEPUTY MINE INSPECTOR shall post one additional copy on the mine 11,667
bulletin board for the use and possession of the committee. This 11,668
report shall be known as his THE DEPUTY MINE INSPECTOR'S 11,669
emergency report. 11,671
Sec. 1561.35. If the deputy mine inspector finds that any 11,680
matter, thing, or practice connected with any mine and not 11,681
prohibited specifically by law is dangerous or hazardous, or that 11,683
from a rigid enforcement of this chapter and Chapters 1509.,
1563., 1565., and 1567. of the Revised Code, the matter, thing, 11,685
or practice would become dangerous and hazardous so as to tend to 11,686
the bodily injury of any person, the deputy mine inspector 11,687
forthwith shall give notice in writing to the owner, lessee, or 11,689
agent of the mine of the particulars in which the deputy mine 11,690
inspector considers the mine or any matter, thing, or practice 11,692
connected therewith is dangerous or hazardous and recommend 11,693
changes that the conditions require, and forthwith shall mail a 11,694
copy of the report and the deputy mine inspector's 11,696
recommendations to the chief of the division of mines and 11,697
reclamation MINERAL RESOURCES MANAGEMENT. Upon receipt of the 11,698
266
report and recommendations, the chief forthwith shall make a 11,700
finding thereon and mail a copy to the owner, operator, lessee, 11,701
or agent of the mine, and to the deputy mine inspector; a copy of 11,702
the finding of the chief shall be posted upon the bulletin board 11,703
of the mine. Where the miners have a mine safety committee, one 11,704
additional copy shall be posted on the bulletin board for the use 11,705
and possession of the committee. 11,706
The owner, operator, lessee, or agent of the mine, or the 11,708
authorized representative of the workers of the mine, within ten 11,710
days may appeal to the mine examining board for a review and 11,711
redetermination of the finding of the chief in the matter in 11,713
accordance with section 1561.53 of the Revised Code. A copy of 11,714
the decision of the board shall be mailed as required by this 11,716
section for the mailing of the finding by the chief on the deputy 11,717
mine inspector's report.
Sec. 1561.351. A deputy mine inspector who makes a finding 11,726
concerning a violation of this chapter or Chapter 1563., 1565., 11,728
or 1567. or section 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 11,729
1509.17, or 1509.18 of the Revised Code that involves mining 11,730
safety shall notify the chief of the division of mines and 11,731
reclamation MINERAL RESOURCES MANAGEMENT of the finding. The 11,732
chief shall review the inspector's finding, make a written 11,734
determination regarding it, and provide a copy of the written 11,735
determination to the owner, operator, lessee, or agent of the 11,736
mine involved. The chief shall provide a copy of the written 11,737
determination to any other interested party upon request.
A person, such as an owner, operator, lessee, or agent of 11,740
the mine or the authorized representative of the workers of the 11,741
mine, who has an interest that is or may be adversely affected by 11,742
the chief's determination may appeal the determination, not later 11,743
than ten days after receiving notice of the determination, to the 11,744
mine examining board by filing a copy of the chief's written 11,745
determination with the board. The board shall hear the appeal in 11,746
accordance with section 1561.53 of the Revised Code. 11,747
267
Sec. 1561.36. Upon being notified by the owner, lessee, or 11,756
agent of a mine, or by a deputy mine inspector, that a major 11,757
accident, causing injury to persons or property, has occurred at 11,758
a mine within his THE jurisdiction OF THE CHIEF OF THE DIVISION 11,759
OF MINERAL RESOURCES MANAGEMENT, the chief of the division of 11,760
mines and reclamation shall go, and may order one or more of the 11,762
deputy mine inspectors to go, at once to such mine, inquire into
the cause of the accident, and make a written report upon the 11,763
condition of that part of the mine wherein the accident occurred 11,764
and the cause of the accident. He THE CHIEF shall file such 11,765
report in his THE CHIEF'S office, and mail a copy thereof to the 11,766
general office of the owner, lessee, or agent of such mine. 11,767
Sec. 1561.37. When a deputy mine inspector receives notice 11,777
of the occurrence of a fatal or serious accident occurring at any 11,778
mine in his THE DEPUTY MINE INSPECTOR'S district, he THE DEPUTY 11,780
MINE INSPECTOR shall go immediately to such mine, to investigate 11,781
fully into the cause of the accident, and shall make a report 11,783
thereon to the chief of the division of mines and reclamation 11,784
MINERAL RESOURCES MANAGEMENT in writing. A copy of such report 11,786
shall be mailed to the owner, operator, lessee, or agent of such 11,787
mine. If the accident is of such a nature that the deputy mine 11,789
inspector needs assistance, he THE DEPUTY MINE INSPECTOR may 11,791
request the chief to attend or to assign additional deputy mine 11,792
inspectors to assist him THE DEPUTY MINE INSPECTOR WHO REQUESTED 11,793
ASSISTANCE.
Sec. 1561.38. In case of controversy or disagreement 11,802
between the deputy mine inspector and the owner, lessee, or agent 11,803
of a mine, or persons working therein, or in case of emergency 11,804
requiring counsel, the deputy mine inspector may call upon the 11,805
chief of the division of mines and reclamation MINERAL RESOURCES 11,806
MANAGEMENT for such assistance and counsel as is necessary. 11,807
Sec. 1561.45. Fines collected by reason of prosecutions 11,816
under this chapter and Chapters 1563., 1565., and 1567. of the 11,817
Revised Code shall be paid to the chief of the division of mines 11,818
268
and reclamation MINERAL RESOURCES MANAGEMENT, and by him THE 11,819
CHIEF paid into the state treasury to the credit of the mining 11,821
regulation fund created in section 1561.48 of the Revised Code. 11,822
Sec. 1561.47. If upon inspection a deputy mine inspector 11,831
or other authorized representative of the division of mines and 11,832
reclamation MINERAL RESOURCES MANAGEMENT finds any violation of 11,833
law, or any other conditions that constitute an imminent and 11,834
substantial threat to miners' health or safety, the chief of the 11,835
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 11,836
may issue, modify, or revoke reasonable orders requiring the 11,837
operator to abate the violation or condition within a reasonable 11,839
period of time. No operator shall violate or fail to comply with 11,840
any order issued under this section.
Sec. 1561.48. All moneys collected under sections 1561.14, 11,850
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 11,851
state treasury to the credit of the mining regulation fund, which 11,852
is hereby created. The department of natural resources shall use 11,853
the moneys in the fund to pay the operating expenses of the 11,854
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 11,855
Sec. 1561.49. The chief of the division of mines and 11,864
reclamation MINERAL RESOURCES MANAGEMENT may designate not more 11,866
than thirty deputy mine inspectors, at least one of whom shall be 11,868
classified and appointed as electrical inspector provided for in 11,869
division (B) of section 1561.12 of the Revised Code; one gas 11,870
storage well inspector; one superintendent of rescue stations; 11,871
three assistant superintendents of rescue stations; three 11,872
chemists; and such clerks, stenographers, and other employees as 11,873
are necessary for the administration of THIS CHAPTER AND Chapters 11,874
1561., 1563., 1565., 1567., and 1509. of the Revised Code. 11,875
Such officers, employees, and personnel shall be appointed 11,877
and employed under such conditions and qualifications as set 11,878
forth in such chapters.
Sec. 1561.50. When written charges of neglect of duty, 11,888
269
incompetency, or malfeasance in office against any deputy mine 11,889
inspector are made and filed with the chief of the division of 11,891
mines and reclamation MINERAL RESOURCES MANAGEMENT, signed by not 11,893
less than fifteen employees, or an owner, lessee, or agent of a 11,895
mine, the chief shall promptly investigate such charges and 11,897
advise in writing the complainant whose name appears first in the 11,899
charges, the result of such investigation.
If the mine employs less than fifteen men EMPLOYEES, such 11,902
charges shall be filed and signed by not less than fifty per cent 11,903
of the employees.
Sec. 1561.51. When written charges of neglect of duty, 11,913
incompetency, or malfeasance in office against the deputy mine 11,914
inspector are filed with the chief of the division of mines and 11,915
reclamation MINERAL RESOURCES MANAGEMENT, signed by not less than 11,916
fifteen employees, or otherwise as provided in section 1561.50 of 11,918
the Revised Code, or the owner, lessee, or agent of a mine, and 11,920
the signers of the charges are dissatisfied with the result of 11,921
the investigation made by the chief, they may appeal to the mine 11,923
examining board by filing the same charges against the deputy 11,924
mine inspector and a copy of the report of the investigation made 11,925
by the chief in the matter with the board, and the board shall 11,926
hear the appeal in accordance with section 1561.53 of the Revised 11,927
Code. The board shall mail a copy of its decision to the 11,928
complainant whose name appears first in the charges. 11,929
Sec. 1561.53. (A) As used in this section, "decision of 11,939
the chief" includes a decision, disapproval of an application to 11,940
drill a well, terms and conditions of a permit, or a suspension 11,941
order issued by the chief of the division of mines and 11,942
reclamation MINERAL RESOURCES MANAGEMENT under section 1509.08 of 11,943
the Revised Code; a finding of the chief made under section 11,944
1561.35 or 1563.13 of the Revised Code; a determination made by 11,945
the chief under section 1561.351 of the Revised Code; a report of 11,946
an investigation made by the chief under section 1561.51 of the 11,947
Revised Code; or disapproval of an application for a permit, 11,949
270
renewal permit, or modification issued under section 6111.044 of 11,950
the Revised Code.
(B)(1) Except as otherwise provided in division (B)(2) of 11,953
this section, the mine examining board has exclusive original 11,954
jurisdiction to hear and decide appeals made to the board under 11,955
sections 1509.06, 1509.08, 1561.35, 1561.351, 1561.51, 1563.13, 11,956
and 6111.044 of the Revised Code. An appeal made under those 11,957
sections does not operate as a stay of any decision of te THE 11,958
chief.
(2) Notwithstanding any other provision of law to the 11,960
contrary, from the effective date of this section NOVEMBER 24, 11,962
1999, until the date on which all members of the mine examining 11,963
board have been appointed in accordance with the qualifications 11,964
established in section 1561.10 of the Revised Code, as amended, 11,965
both of the following apply: 11,966
(a) A person, such as an owner, operator, lessee, or agent 11,969
of a mine or the authorized representative of the workers of a 11,970
mine, who has an interest that is or may be adversely affected by 11,971
a decision of the chief that involves mine health and safety may 11,972
appeal it, not later than ten days after receiving notice of the 11,973
decision, to the reclamation commission in accordance with 11,974
section 1513.13 of the Revised Code by filing a copy of the 11,975
chief's written decision with the commission. 11,976
(b) An owner, operator, lessee, or agent of a mine who 11,979
appeals a decision of the chief that involves mine health and 11,980
safety to the reclamation commission in accordance with division 11,981
(B)(2)(a) of this section, upon filing the appeal, shall provide 11,982
written notification of the appeal to the authorized 11,983
representative of the affected workers of the mine involved. The 11,985
authorized representative of the mine workers may intervene and 11,986
participate as a party to the appeal by filing a written notice 11,987
of intervention with the commission not later than ten days 11,988
following receipt of notification of the appeal. 11,989
(C) The board shall provide written notice of the time and 11,992
271
place of a hearing not less than five days prior to the hearing. 11,993
The hearing shall be of record.
(D) The board shall conduct hearings and render decisions 11,995
in a timely fashion and shall hear expedited appeals as required 11,996
under section 1509.08 of the Revised Code. 11,997
Whenever the board conducts a hearing, it shall prepare a 12,000
report setting forth its findings of fact and conclusions of law 12,001
and shall mail a copy of the report by certified mail to the
parties. A party, not later than fourteen days after receipt of 12,002
the report, may serve and file written objections to the board's 12,003
report with the secretary of the board. Objections shall be 12,004
specific and state with particularity the grounds for them. Upon 12,006
consideration of the objections, the board may adopt, reject, or 12,007
modify the report or hear additional evidence.
(E) The board shall affirm a decision of the chief unless 12,010
the board determines that it is arbitrary, capricious, or 12,011
otherwise inconsistent with law; in that case the board shall 12,012
vacate the decision of the chief and may remand it to the chief 12,013
for further proceedings that the board may direct. 12,014
(F) The chairperson of the board, under conditions that 12,017
the chairperson prescribes, may grant temporary relief that the 12,018
chairperson considers appropriate pending final determination of 12,019
an appeal if all of the following conditions are met: 12,020
(1) All parties to the appeal have been notified and given 12,023
an opportunity for a hearing to be held on the request for 12,024
temporary relief.
(2) The person requesting relief shows that there is a 12,026
substantial likelihood that the person will prevail on the 12,027
merits. 12,028
(3) The relief will not adversely affect the health or 12,030
safety of miners. 12,031
The chairperson shall issue a decision expeditiously and 12,034
promptly provide written notification of the decision to all
parties to the appeal. 12,035
272
Any party to an appeal filed with the board who is 12,037
aggrieved or adversely affected by a decision of the chairperson 12,038
to grant or deny temporary relief under this section may appeal 12,039
that decision to the board. The board may confine its review to 12,040
the record developed at the hearing before the chairperson. 12,042
The appeal shall be filed with the board not later than 12,044
thirty days after the chairperson issues the decision on the 12,045
request for temporary relief. The board shall issue a decision 12,046
as expeditiously as possible. 12,047
The board shall affirm the decision of the chairperson 12,050
granting or denying temporary relief unless it determines that 12,051
the decision is arbitrary, capricious, or otherwise inconsistent 12,052
with law.
Sec. 1561.54. For the purpose of participation in an 12,061
adjudicatory hearing conducted under section 1561.53 of the 12,062
Revised Code, the chief of the division of mines and reclamation 12,063
MINERAL RESOURCES MANAGEMENT or the mine examining board may 12,064
require the attendance of witnesses and the production of books, 12,065
records, and papers and may, and at the request of any party 12,066
shall, issue subpoenas for witnesses or subpoenas duces tecum to 12,067
compel the production of any books, records, papers, or other 12,068
material relevant to the inquiry, directed to the sheriff of each 12,069
county where the witnesses or materials are found, which 12,071
subpoenas shall be served and returned in the same manner that 12,072
subpoenas issued by courts of common pleas are served and 12,073
returned. The fees and mileage of sheriffs and witnesses shall 12,074
be the same as those allowed by the court of common pleas in 12,075
criminal cases.
In cases of disobedience or neglect of a subpoena served on 12,078
a person or the refusal of a witness to testify on any matter 12,079
regarding which the witness lawfully may be interrogated, the 12,080
court of common pleas of the county in which the disobedience, 12,081
neglect, or refusal occurs, or any judge of that court, on 12,082
application of the chief or the board or any member of the board, 12,083
273
shall compel obedience by attachment procedures for contempt as 12,084
in the case of disobedience of the requirements of a subpoena 12,085
issued from the court or a refusal to testify in it. 12,086
A witness at any hearing shall testify under oath or 12,088
affirmation, which the chief or any member of the board shall 12,089
administer. 12,090
Sec. 1561.99. Whoever violates any section of this chapter 12,099
or any order of the chief of the division of mines and 12,100
reclamation MINERAL RESOURCES MANAGEMENT is guilty of a minor 12,101
misdemeanor. 12,102
Sec. 1563.04. The operator of each underground mine shall 12,111
have a survey made whenever the workings of said THE mine have 12,112
extended four hundred feet in any direction from the point shown 12,113
on the map by the last survey of such mine, but not oftener MORE 12,114
OFTEN than once every six months, or whenever such mine is to be 12,115
abandoned or shut down for a sufficient period of time to make it 12,116
impossible to survey the working faces as prescribed by this 12,117
section because of the caving of the roof. Such surveys shall be 12,118
accurately plotted on the original map of the mine as prescribed 12,119
for in section 1563.03 of the Revised Code. A copy of such map 12,121
with the latest survey plotted thereon shall be kept at such 12,122
mine, available for the use of the chief of the division of mines 12,124
and reclamation MINERAL RESOURCES MANAGEMENT, and the deputy mine 12,125
inspectors, and available for inspection by the employees at all 12,127
reasonable times, and a copy of the same shall be promptly 12,128
forwarded to the chief, with the certificate of the engineer 12,129
making same and of the superintendent or mine foreman FOREPERSON 12,130
in charge of the mine at the time of the survey, acknowledged 12,131
before a notary public or other officer empowered to administer 12,132
oaths, in the following form:
"I, the undersigned, hereby certify that this map is 12,134
correct and shows all the information required by section 1563.03 12,136
of the Revised Code and covers the period ending ................ 12,137
................................................................. 12,138
274
............................. 12,140
Engineer 12,142
Acknowledged before me a .................................. 12,144
............ this .................day of........................ 12,145
............................. 12,147
I, the undersigned, hereby certify that I am mine foreman 12,149
FOREPERSON at the mine represented by this map and to the best of 12,150
my knowledge and belief the same correctly represents the 12,151
excavations of the mine for the period ending.................... 12,152
............................. 12,154
Mine Foreman FOREPERSON 12,156
Acknowledged before me a .................................. 12,158
.............this .................day of........................ 12,160
............................" 12,162
The operator of a mine shall file, at least annually, a map 12,164
of the same with the chief, so certified. 12,165
No operator of a mine shall refuse or neglect to comply 12,167
with this section. 12,168
Sec. 1563.05. Upon the refusal or neglect of the owner, 12,178
lessee, or agent of the mine to make and file a map or any 12,179
addition thereto, as required by sections 1563.03, 1563.04, and 12,180
1563.42 of the Revised Code, within sixty days after being 12,182
directed to do so by the chief of the division of mines and 12,183
reclamation MINERAL RESOURCES MANAGEMENT, the chief may cause 12,185
such map or addition thereto to be made in duplicate at the
expense of such owner, lessee, or agent, the cost of which shall 12,186
be recoverable against such owner, lessee, or agent in the name 12,187
of the chief of the division of mines and reclamation, in any 12,188
court of competent jurisdiction in the county in which such mine 12,189
is located, or in Franklin county.
Sec. 1563.06. For the purpose of making the examinations 12,199
provided for in this chapter and Chapters 1509., 1561., 1565., 12,201
and 1567. of the Revised Code, the chief of the division of mines 12,202
and reclamation MINERAL RESOURCES MANAGEMENT, and each deputy 12,203
275
mine inspector, may enter any mine at A reasonable time, by day 12,205
or by night, but in such manner as will not necessarily impede 12,207
the working of the mine, and the owner, lessee, or agent thereof 12,209
shall furnish the means necessary for such entry and examination. 12,210
Sec. 1563.11. (A) Unless a permit has been issued by the 12,219
director of transportation, or the board of county commissioners, 12,220
or the board of township trustees, or such other public authority 12,221
that is charged by law with the maintenance of a public road, and 12,222
the approval of the chief of the division of mines and 12,223
reclamation in the department of natural resources MINERAL 12,224
RESOURCES MANAGEMENT has been obtained, no person, firm, or 12,226
corporation, engaged in mining or quarrying any mineral, coal, 12,227
stone, or clay, shall:
(1) Extend any part of an open pit excavation closer than 12,229
fifty feet of horizontal distance to any part of a public road; 12,230
(2) Deposit mine refuse or removed overburden: 12,232
(a) Closer to a public road than a line parallel to the 12,234
boundary line of such road and fifty feet of horizontal distance 12,235
away from such road and at the same elevation as the elevation of 12,236
the crown of such road; 12,237
(b) Higher than a line beginning at a point fifty feet of 12,239
horizontal distance away from such road and at the same elevation 12,240
as the elevation of the crown of such road, and extending from 12,241
such beginning point upward and away from such road at an angle 12,242
of forty degrees from the horizontal plane. 12,243
Any person, firm, or corporation desiring such a permit 12,245
shall apply in writing therefor to the proper public authority, 12,246
and shall describe in such application the excavating or 12,247
depositing of mine refuse or removed overburden which THAT it 12,248
will do and for which it requests a permit. The applicant shall 12,250
also furnish such public authority with such additional data and 12,251
information concerning such work as such public authority may 12,252
request and which THAT shall be relevant, in making the 12,253
determination which THAT such public authority is required to 12,255
276
make as to the amount of bond or other security the applicant 12,257
shall be required to deposit before such a permit is issued to 12,258
the applicant.
Upon receipt of such an application such public authority 12,260
shall promptly consider what damage, if any, may be done to such 12,261
public highway by the excavating or depositing of mine refuse or 12,262
removed overburden for which the permit is requested, and 12,263
estimate the reasonable cost of repairing such damage, if any 12,264
should occur, and fix the amount of such estimate of cost as the 12,265
amount of bond or other security which THAT the applicant shall 12,266
deposit with such public authority upon issuance of the permit 12,267
requested, to ensure payment of the cost of repairing any such 12,268
damage which THAT might occur. Such public authority shall 12,269
promptly notify the applicant of the amount of bond or other 12,271
security it has so fixed. 12,272
Upon approval of the chief of the division of mines and 12,274
reclamation and deposit with the public authority of a surety 12,275
bond signed by the applicant as principal, and by a surety 12,276
company authorized to transact business in this state as surety, 12,277
or of cash or other security satisfactory to such public 12,278
authority, in the amount fixed by such authority, and conditioned 12,279
upon the payment to such public authority by applicant of the 12,280
cost of repairing any damage to such public road occurring as a 12,281
result of the excavating or depositing of mine refuse or removed 12,282
overburden for which the permit was issued, the public authority 12,283
shall issue to the applicant the permit for which THE applicant 12,284
applied.
If, at the end of three years after such excavation or 12,286
deposit of mine refuse or removed overburden is made, the 12,287
licensee shall have paid or caused to be paid all cost of 12,288
repairing any damage to such public road occurring within such 12,289
time as a result of such excavating or depositing for which such 12,290
permit was issued, or, if within such period of time no such 12,291
damage to such shall have occurred, the bond or cash or other 12,292
277
security deposited with the public authority upon the issuance of 12,293
such permit, shall be released and returned to such applicant. 12,294
(B) Any person, firm, or corporation owning any land 12,296
containing mineral, coal, stone, or clay, and over any portion of 12,297
which any state, county, or township road or public highway 12,298
passes, may drill, excavate, mine, or quarry through or under 12,299
such road. Before said THE work shall be IS commenced, such 12,301
person, firm, or corporation shall execute and deliver to the 12,302
director of transportation in case of state roads, to the board 12,303
of county commissioners in case of county roads, or to the board 12,304
of township trustees in case of township roads, a bond, with good 12,305
and sufficient surety in such amount as shall be considered by 12,306
the director, the board of county commissioners, or the board of 12,307
township trustees, sufficient to cover any damages that may 12,308
accrue by excavating, mining, or quarrying through or under any 12,309
such road, the same to be approved by such director, board of 12,310
county commissioners, or board of township trustees. Such bond 12,311
shall be conditioned that while crossing over or mining or 12,312
quarrying under any such road, a safe and unobstructed passageway 12,313
or road shall be kept open by such person, firm, or corporation 12,314
for the public use, and as soon as practicable, such road shall 12,315
be fully restored to its original safe and passable condition. 12,316
When such crossing is made by excavation at a depth of more than 12,317
thirty feet below the surface of such road, the person, firm, or 12,318
corporation making the same shall be liable to the director, 12,319
board of county commissioners, or board of township trustees for 12,320
any damage that may accrue by such excavation, and shall be held 12,321
to fully repair any such damage and to restore such road to its 12,322
original safe and passable condition. The right to mine or 12,323
quarry across or under public highways as provided in this 12,324
section, shall accrue to the owner, lessee, or agent of the land 12,325
upon or through which such highway passes. 12,326
As used in this section, "road" or "highway" means the 12,328
entire right of way as well as the improved portion thereof, and 12,329
278
includes bridges, viaducts, grade separations, appurtenances, and 12,330
approaches on or to such road or highway. 12,331
Sec. 1563.111. No owner, lessee, or agent shall conduct 12,340
his mining operations within twenty-five feet of any known well, 12,341
or locate a mine opening within three hundred feet of any well 12,342
which THAT produces oil or gas unless he THE OWNER, LESSEE, OR 12,344
AGENT obtains permission in writing from the division of mines 12,345
and reclamation and the chief of the division of oil and gas 12,347
MINERAL RESOURCES MANAGEMENT.
Sec. 1563.12. Any person, firm, or corporation, beginning 12,356
the opening of a mine, whether or not such person, firm, or 12,357
corporation is the owner, lessee, or agent of the property upon 12,358
which such mine is located, shall notify the chief of the 12,359
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 12,360
and observe the following in the construction of such mine: 12,362
(A) If the opening is a slope or vertical shaft, no 12,364
explosive used therein shall be fired by means of a squib or fuse 12,365
after the same is extended more than twenty-five feet from the 12,366
surface, and thereafter and until the slope or shaft reaches the 12,367
seam and the entry or landing is extended beyond a break-through 12,368
or other place driven at right angles thereto, no explosive shall 12,369
be fired except by means of an electric battery operated from the 12,370
surface after all persons are on the surface. 12,371
(B) A substantial structure to sustain sheave wheels or 12,373
pulleys, ropes, and loads, shall be provided, and if the opening 12,374
is a shaft, the same shall be placed at a height of not less than 12,375
twenty-five feet above the tipping place. 12,376
(C) A landing platform shall be arranged in such manner 12,378
that no material can fall into the shaft while the bucket is 12,379
being emptied, and the shaft shall not be sunk to a depth of more 12,380
than thirty feet without such structure. 12,381
(D) If the bucket used for hoisting material is to land on 12,383
a truck, the track on which such truck is operated and the 12,384
platform shall be so constructed that material cannot fall into 12,385
279
the shaft. 12,386
(E) Rock and coal shall not be hoisted from a shaft or 12,388
slope except in a bucket or cage attached to a rope by a safety 12,389
hook, clevis, or other safe attachment, and the bucket or cage 12,390
securely locked so that same cannot tip or empty while being 12,391
hoisted. 12,392
(F) Such rope shall be fastened to the side of the drum, 12,394
and not less than three coils of rope shall always remain on the 12,395
drum. 12,396
(G) After the shaft reaches a depth of one hundred feet, 12,398
the same shall be provided with guides and guide attachments, 12,399
applied in such a manner as to prevent the bucket from swing 12,400
while being lowered or hoisted, and such guides and guide 12,401
attachments shall be maintained at a distance of not more than 12,402
seventy-five feet from the bottom of the shaft. 12,403
(H) The sides of all shafts shall be properly secured for 12,405
safety and no loose rock or material shall be allowed to remain 12,406
on any timber in the shaft after each blast. 12,407
(I) All loose timber, tools, and materials shall be kept 12,409
away from the top of the shaft to reduce the danger of the same 12,410
falling down the shaft. 12,411
(J) Where explosive gas is encountered, the person in 12,413
charge shall see that the shaft or slope is examined before each 12,414
shift of men enter WORKERS ENTERS to work, and before the men THE 12,417
WORKERS descend after each blast.
(K) The slope, or shaft, shall be properly ventilated so 12,419
that persons working therein will have the necessary air. 12,420
(L) An efficient brake shall be attached to each drum of 12,422
an engine used in hoisting material and persons, and all 12,423
machinery, ropes, and chains connected therewith shall be 12,424
carefully examined once each shift. 12,425
(M) Not more than four persons shall be lowered or hoisted 12,427
in or on a bucket at one time, and no person shall be permitted 12,428
to ride on a loaded bucket. 12,429
280
(N) The bucket used in lowering or hoisting persons shall 12,431
be equipped with proper safety devices, so that it cannot become 12,432
detached from the rope or cable, and cannot tip or turn upside 12,433
down while being so used. 12,434
The chief of the division of mines and reclamation, and the 12,436
deputy mine inspector, shall have jurisdiction over such mine 12,437
when the shaft or slope reaches a depth of twenty-five feet, and 12,438
such person, firm, or corporation shall comply with any order 12,439
issued by either or both of them with respect to the safety of 12,440
persons employed. Other than this section, this chapter and 12,441
Chapters 1561., 1565., and 1567. of the Revised Code do not apply 12,443
to the opening of a mine until such opening reaches the seam, and 12,444
the entry or landing is extended beyond a break-through, or other 12,445
place driven at right angles thereto. 12,446
No operator of a mine shall refuse or neglect to comply 12,448
with this section. 12,449
Sec. 1563.13. When a deputy mine inspector considers that 12,458
the ways and means of egress in any underground mine from the 12,459
interior working places to the surface are inadequate as a safe 12,460
and ready means of escape in case of emergency, from danger of 12,461
fire at any point, or any other cause that may result in the 12,462
entombment of persons working in the mine, the deputy mine 12,464
inspector shall give notice in writing to the owner, lessee, or 12,465
agent of the mine of the particular in which the deputy mine 12,466
inspector considers the conditions dangerous, recommending any 12,468
changes that the conditions require, and forthwith shall mail a 12,469
copy of the deputy mine inspector's recommendations to the chief 12,471
of the division of mines and reclamation MINERAL RESOURCES 12,472
MANAGEMENT. Upon receipt of the recommendations, the chief 12,475
forthwith shall make a finding concerning them and mail a copy to 12,476
the operator of the mine and to the deputy mine inspector. A 12,478
copy of the finding of the chief shall be posted upon the 12,479
bulletin board at the time. 12,480
The operator of the mine, or the authorized representative 12,482
281
of the workers of the mine, within ten days may appeal to the 12,484
mine examining board for a review and redetermination of the 12,485
finding of the chief in the matter in accordance with section 12,487
1561.53 of the Revised Code. A copy of the decision of the board 12,488
shall be mailed as required by this section for the mailing of 12,489
the finding by the chief on the deputy mine inspector's report. 12,490
No operator of a mine shall refuse or neglect to comply 12,492
with this section. 12,493
Sec. 1563.17. From a point where the seam is reached in 12,503
the opening of an underground mine, to a point not exceeding a 12,504
distance of four hundred feet therefrom, break-throughs shall be 12,505
made between mine entries, where there are no rooms worked, not 12,506
more than one hundred feet apart, provided such entries are not 12,507
advanced beyond the point where the break-through will be made 12,508
until the break-through is complete. Break-throughs between 12,509
entries, except as provided in this section, shall be made not 12,510
exceeding sixty feet apart. Where there is a solid block on one 12,511
side of the room, break-throughs shall be made between such room 12,512
and the adjacent room not to exceed sixty feet apart; where there 12,513
is a breast or group of rooms, a break-through shall be made on 12,514
one side or the other of each room, except the room adjoining 12,515
said THE block not to exceed forty feet from the outside corner 12,516
of the break-through to the nearest corner of the entrance to the 12,517
room, and on the opposite side of the same room a break-through 12,518
shall be made not to exceed eighty feet from the outside corner 12,519
of the break-through to the nearest corner of the entrance to the 12,520
room, and thereafter break-throughs shall be made not to exceed 12,521
eighty feet apart on each side of the room. No working place, 12,522
except those provided for within a distance of four hundred feet 12,523
of the principal opening of a mine, shall be driven more than 12,524
eighty feet in advance of a break-through or airway. The 12,525
required air current shall be distributed to the working face of 12,526
such entry or room. All break-throughs between entries, and when 12,527
necessary between rooms, except the one nearest the working face, 12,528
282
shall be closed and made airtight by brattice, trap doors, or 12,529
other means, so that the current of air in circulation may sweep 12,530
to the interior of the mine. Brattices between permanent inlet 12,531
and outlet airways shall be constructed in a substantial manner 12,532
of brick, masonry, concrete, or nonperishable material, provided 12,533
THAT in hand-loading and nongaseous mines such brattices may be 12,534
of wood. In mines generating firedamp, so as to be detected by a 12,535
flame safety lamp, the air current shall be conducted by 12,536
brattice, or other means, near enough to the working face to 12,537
expel the firedamp, and prevent the accumulation of same. With 12,538
the approval of the chief of the division of mines and 12,539
reclamation MINERAL RESOURCES MANAGEMENT, a greater distance than 12,541
specified in this section may be allowed between break-throughs. 12,542
Any operator of a mine desiring to allow a greater distance 12,543
between break-throughs than specified in this section shall file 12,544
a written request to do so with the chief, together with a map of 12,545
the mining and ventilating system for which approval and 12,546
permission is ARE asked, attached thereto, and said THE map shall 12,547
become a part of the records in the office of the chief. 12,548
No operator of a mine shall refuse or neglect to comply 12,550
with this section. 12,551
Sec. 1563.20. For the protection of transportation men 12,560
WORKERS, track shall be laid to provide a minimum clearance of 12,561
fourteen inches on the side of the entry opposite the trolley or 12,562
feed wire at all haulage turnouts and crossovers between butt 12,563
entries, on gathering passageways, on room entries, and chutes 12,564
between room entries, except that where brake handles are on the 12,565
side of mine cars, the clearance shall be provided on the wire 12,566
side of such entries as have the wire on the same side as the 12,567
brake handles. The clearance specified in this section shall be 12,568
measured horizontally between the topside of the widest mine car 12,569
and the rib. This section does not apply to entries having been 12,570
driven prior to September 2, 1941, or at any mine or section of a 12,571
mine, where, in the opinion of the division of mines and 12,572
283
reclamation MINERAL RESOURCES MANAGEMENT, the roof conditions are 12,574
such as to require a width of entry not sufficient to provide the 12,575
clearance set out in this section.
No operator of a mine shall refuse or neglect to comply 12,577
with this section. 12,578
Sec. 1563.24. In all mines generating methane in such 12,587
quantities as to be considered a gaseous mine under section 12,588
1563.02 of the Revised Code, the mine foreman FOREPERSON of such 12,589
mine shall: 12,590
(A) Employ a sufficient number of competent men PERSONS 12,592
holding foreman FOREPERSON of gaseous mines or fire boss 12,593
certificates, except as provided in section 1565.02 of the 12,594
Revised Code, to examine the working places whether they are in 12,596
actual course of working or not, and the traveling ways and 12,597
entrances to old workings with approved flame safety lamps, all 12,598
of which shall be done not more than three hours prior to the 12,599
time fixed for the employees to enter such mine; 12,600
(B) Have all old parts of the mine not in the actual 12,602
course of working, but which THAT are open and safe to travel, 12,603
examined not less than once each three days by a competent man 12,604
PERSON who holds a foreman FOREPERSON of gaseous mines or a fire 12,606
boss certificate;
(C) See that all parts of the mine not sealed off as 12,608
provided in section 1563.41 of the Revised Code are kept free 12,609
from standing gas, and upon the discovery of any standing gas, 12,610
see that the entrance to the place where the gas is so discovered 12,611
is fenced off and marked with a sign upon which is written the 12,612
word "danger," and such sign shall so remain until such gas has 12,613
been removed; 12,614
(D) Have the mine examined on all idle days, holidays, and 12,616
Sundays on which men EMPLOYEES are required to work therein; 12,617
(E) If more than three hours elapse between shifts, have 12,619
the places in which the succeeding shift works examined by a 12,620
competent man PERSON who holds a foreman FOREPERSON of gaseous 12,622
284
mines or fire boss certificate; 12,623
(F) See that this chapter and Chapters 1509., 1561., 12,625
1565., and 1567. of the Revised Code, with regard to examination 12,626
of working places, removal of standing gas, and fencing off of 12,627
dangerous places, are complied with before the men EMPLOYEES 12,628
employed by him THE MINE FOREPERSON for this particular work are 12,629
permitted to do any other work; 12,630
(G) Have a report made on the blackboard provided for in 12,632
section 1567.06 of the Revised Code, which report shall show the 12,634
condition of the mine as to the presence of gas and the place 12,635
where such gas is present, if there is any, before he THE MINE 12,636
FOREPERSON permits the employees to enter the mine; 12,637
(H) Have reports of the duties and activities enumerated 12,639
in this section signed by the person who makes such examination; 12,640
such. THE reports so signed shall be sent once each week to the 12,642
deputy mine inspector of the district in which the mine is 12,643
located on blanks furnished by the division of mines and 12,644
reclamation MINERAL RESOURCES MANAGEMENT for that purpose, and a 12,645
copy of such report shall be kept on file at the mine;. 12,646
(I) Have the fire boss record a report after each 12,648
examination, in ink, in the fire boss' record book, which book 12,649
shall show the time taken in making the examination and also 12,650
clearly state the nature and location of any danger that was 12,651
discovered in any room, entry, or other place in the mine, and, 12,652
if any danger was discovered, the fire boss shall immediately 12,653
report the location thereof to the mine foreman FOREPERSON. 12,654
No person shall enter the mine until the fire bosses return 12,656
to the mine office on the surface, or to a station located in the 12,657
mine, where a record book as provided for in this section shall 12,658
be kept and signed by the person making the examination, and 12,659
report to the oncoming mine foreman FOREPERSON that the mine is 12,660
in safe condition for the men EMPLOYEES to enter. When a station 12,662
is located in any mine, the fire bosses shall sign also the 12,663
report entered in the record book in the mine office on the 12,664
285
surface. The record books of the fire bosses shall at all times 12,665
during working hours be accessible to the deputy mine inspector 12,666
and the employees of the mine. 12,667
In every mine generating explosive gas in quantities 12,669
sufficient to be detected by an approved flame safety lamp, when 12,670
the working portions are one mile or more from the entrance to 12,671
the mine or from the bottom of the shaft or slope, a permanent 12,672
station of suitable dimensions may be erected by the mine foreman 12,674
FOREPERSON, provided THAT the location is approved by the deputy 12,675
mine inspector, for the use of the fire bosses, and a fireproof 12,676
vault of ample strength shall be erected in such station of 12,677
brick, stone, or concrete, in which the temporary record book of 12,678
the fire bosses, as described in this section, shall be kept. No 12,679
person, except a mine foreman FOREPERSON of gaseous mines, and in 12,681
case of necessity such other persons as are designated by him THE 12,682
MINE FOREPERSON, shall pass beyond the permanent station and 12,684
danger signal until the mine has been examined by a fire boss, 12,685
and the mine or certain portions thereof reported by him THE FIRE 12,686
BOSS to be safe.
This section does not prevent a mine foreman FOREPERSON or 12,688
foreman FOREPERSON of gaseous mines from being qualified to act 12,689
and acting in the capacity of fire boss. The record book shall 12,691
be supplied by the division of mines and reclamation and 12,692
purchased by the operator.
No mine foreman FOREPERSON or person delegated by him THE 12,695
MINE FOREPERSON, or any operator of a mine, or other person,
shall refuse or neglect to comply with this section. 12,696
Sec. 1563.26. All mines, except those mines or locations 12,705
in a mine which THAT are too wet or too high in incombustible 12,706
content to propagate an explosion, shall be rock dusted. The 12,708
rock dusting shall be done with such regularity and frequency 12,709
that all surfaces required to be rock dusted shall be kept in 12,710
such condition that the incombustible content of the adhering and 12,711
lodging dust is not less than sixty-five per cent. When methane 12,712
286
is present in any ventilating current, such incombustible content 12,713
shall be not less than sixty-five per cent plus one and 12,714
four-tenths per cent for each one tenth of one per cent of 12,715
methane so present. 12,716
The rock dust to be used shall be pulverized limestone or 12,718
any other material containing less than five per cent combustible 12,719
material. All dust must SHALL be so pulverized that it will all 12,720
go through a sieve which THAT has twenty openings to the linear 12,722
inch and at least fifty per cent of such dust shall pass through 12,724
a sieve with two hundred openings to the linear inch. The rock 12,725
dust shall not contain more than four per cent free silicon and 12,726
silicon dioxide. 12,727
The rock dust shall be distributed on top, bottom, and 12,729
sides of all haulageways, traveling ways, developing entries, and 12,730
rooms to within forty feet of face. Back entries shall be rock 12,731
dusted for at least one thousand feet out by the junction with 12,732
the first active entry. 12,733
In coal mines where rock dusting is required, the 12,735
superintendent shall see that a representative sample of dust is 12,736
gathered at each sampling point from the roof, sides, and floor 12,737
of all entries by a competent person once each sixty days and 12,738
tested to determine if any part of the mine requires redusting, 12,739
and a record shall be kept in a book furnished by the division of 12,741
mines and reclamation MINERAL RESOURCES MANAGEMENT for that 12,742
purpose. Such books shall be kept in the mine office. Such 12,743
record shall show the location at which samples have been taken 12,744
and the results of the analyses or tests. The distance between 12,745
sampling points on haulageways and traveling ways shall not 12,746
exceed two thousand feet, but in developing entries and in 12,747
entries producing coal from rooms or pillars and their parallel 12,748
entries the distance between sampling points shall not exceed 12,749
five hundred feet.
No operator of a mine shall refuse or neglect to comply 12,751
with this section. 12,752
287
Sec. 1563.33. Each operator shall carry out on a 12,761
continuing basis a program to improve the roof control system of 12,762
each coal mine and the means and measures to accomplish such 12,763
system. The roof and ribs of all active underground roadways, 12,764
travelways, and working places shall be supported or otherwise 12,765
controlled adequately to protect persons from falls of the roof 12,766
or ribs. A roof control plan and revisions thereof suitable to
the roof conditions and mining system of each coal mine and 12,767
approved by the chief of the division of mines and reclamation 12,768
MINERAL RESOURCES MANAGEMENT shall be adopted and set out in 12,770
printed form on or before January 1, 1977. The plan shall show
the type of support and spacing approved by the chief. Such plan 12,772
shall be reviewed periodically, at least every six months by the 12,774
chief, taking into consideration any falls of roof or ribs or 12,775
inadequacy of support of roof or ribs. No person may proceed
beyond the last permanent support unless adequate temporary 12,776
support is provided or unless such temporary support is not 12,777
required under the approved roof control plan and the absence of 12,778
such support will not pose a hazard to the miners. A copy of the 12,779
plan shall be furnished to the chief or his THE CHIEF'S 12,780
authorized representative and shall be available to the miners 12,781
and their representatives.
No person shall refuse or neglect to comply with this 12,783
section.
Sec. 1563.34. Each operator shall adopt an adequate 12,792
program for improving roof control systems. This program shall 12,795
include a roof control plan, provision for the training of 12,797
miners, a history of all unintentional roof falls, and systematic 12,799
evaluation of the effectiveness of the roof control system in 12,801
use. Each operator shall adopt a roof control plan suitable to 12,802
the roof conditions and the mining system for all underground 12,803
roadways, travelways including escapeways, and working places of 12,805
each mine. Roof control plans shall be filed with the chief of 12,807
the division of mines and reclamation MINERAL RESOURCES 12,808
288
MANAGEMENT. The chief shall notify the operator in writing of 12,810
the approval of a proposed roof control plan. If revisions are 12,811
required for approval, the changes required will SHALL be 12,812
specified and the operator will SHALL be afforded an opportunity 12,815
to discuss the revisions with the chief.
A roof control plan shall include the following 12,817
information:
(A) Name and address of the company; 12,819
(B) Name and address of the mine; 12,821
(C) Names and addresses of the responsible officials; 12,823
(D) Area of the mine covered by the roof control plan; 12,825
(E) A columnar section of the mine strata which THAT 12,827
shall:
(1) Show the name and thickness of the coalbed and any 12,829
persistent partings; 12,831
(2) Identify by type and show the thickness of each 12,833
stratum (rock layer) up to and including the main roof over and 12,835
for ten feet under the coalbed; 12,836
(3) Show the maximum cover over the mining area covered 12,838
included in the roof control plan. 12,840
(F) A description of the sequence of mining and 12,842
installation of supports including temporary supports. The 12,844
description shall include:
(1) Drawings on eight and one-half by eleven inch paper or 12,846
on paper folded to this size, showing the location of all roof, 12,848
face, and rib supports for each method of mining employed at the 12,850
mines. The scale shall be specified and not less than five feet 12,852
to the inch nor more than twenty feet to the inch. A legend 12,854
explaining all the symbols used shall also be included on the 12,855
drawings. 12,856
(2) A list of all roof support materials employed in the 12,858
roof control system including, where applicable, the name of the 12,860
manufacturer and its designation for the item. Prior approval 12,862
shall be obtained before making any changes in the materials 12,864
289
listed.
No person shall refuse or neglect to comply with this 12,866
section.
Sec. 1563.35. The chief of the division of mines and 12,876
reclamation MINERAL RESOURCES MANAGEMENT shall approve roof
control plans on a mine-by-mine basis in accordance with the 12,878
criteria or specifications set forth in this section. Additional 12,879
measures may be required. Roof control plans which THAT do not 12,880
conform to these criteria or specifications may be approved if 12,882
the operator satisfies the chief that the resultant roof 12,883
conditions will provide no less protection to the miners. 12,884
(A) The following criteria apply to full roof bolting 12,886
plans. A full roof bolting plan is one in which roof bolts 12,888
constitute the sole means of roof support at a face as part of 12,890
the normal mining cycle.
(1) Roof bolt assemblies shall meet the following 12,892
specifications: 12,893
(a) All components of the roof bolt assembly shall comply 12,895
with the American national standards institute, "specifications 12,897
for roof bolting materials in coal mines." 12,899
(b) Roof bolts that provide support by creating a beam of 12,901
laminated strata shall be of a length that assures adequate 12,903
anchorage, but in no case may the length of the bolt be less than 12,905
thirty inches.
(c) Roof bolts that provide support by suspending the 12,907
immediate roof from a stronger overlying strata shall be of a 12,908
length that permits anchoring at least twelve inches in the 12,909
stronger strata.
(d) Bearing plates used directly against the mine roof 12,911
shall be not less than six inches square or of equivalent area. 12,912
In exceptional cases where the mine roof is firm and not 12,913
susceptible to sloughing, bearing plates five inches square or of 12,914
equivalent area may be used.
(e) When wooden material such as planks, header blocks, 12,916
290
and crossbars are used between the bearing plate and the roof for 12,917
additional bearing, the use shall be limited to short life 12,918
openings, not to exceed three years, unless treated. Bearing 12,919
plates used in conjunction with wooden materials shall be not 12,920
less than four inches square or of equivalent area.
(f) When washers are used, the shape of such washers shall 12,922
conform to the shape of roof bolt head and the shape of the 12,923
bearing plate and such washers shall be of sufficient strength to 12,924
withstand loads up to the yield point of the roof bolt. 12,925
(2) Full roof bolting plan installation practices shall 12,927
meet the following criteria: 12,928
(a) Finishing bits shall be easily identifiable by sight 12,930
or feel and the diameter should SHALL be within a tolerance of 12,931
plus thirty thousandths of one inch minus zero of the 12,933
manufacturers MANUFACTURER'S recommended hole diameter for the 12,934
anchor used. 12,935
(b) Torque ranges specified in the roof control plan shall 12,937
be capable of providing roof bolt loads to within plus or minus 12,938
one thousand pounds of fifty per cent of either the yield point 12,939
of the roof bolt being used or the anchorage capacity of the 12,940
strata, whichever is less. In no case, however, should SHALL 12,941
installed torques provide loads that exceed the yield point of 12,942
the roof bolt being used or the anchorage capacity. Relationship 12,943
RELATIONSHIPS for determining roof bolt load for torque applied 12,945
are as follows:
Expansion type Pounds of load 12,947
roof bolt per foot-pound 12,948
(in inches) of torque 12,949
Cone neck or 12,950
self-centering roof
bolt
5/8 30 12,951
3/4 30 12,952
291
Standard roof bolt 12,953
without hard washer
or lubricant
5/8 50 12,955
3/4 40 12,956
Standard roof bolt 12,957
with hard washer or
lubricant
5/8 60 12,959
3/4 60 12,960
(c) Each operator shall outline and describe roof bolt 12,963
testing procedures to be followed in the roof control plan. The 12,964
procedures to be followed should SHALL include: 12,965
(i) Providing and maintaining an approved, calibrated 12,967
torque wrench on each roof bolting machine. An approved wrench 12,969
shall be one that will indicate the actual torque on the roof 12,971
bolt.
(ii) Designating a qualified person to spot-check torques 12,973
on at least twenty-five per cent of the roof bolts immediately 12,974
after the working place has been fully bolted. If the majority 12,977
of the installed torques fall outside the recommended range, the 12,979
remaining roof bolts in the working place shall be tested. If 12,981
the majority of the torques still fall outside the recommended 12,982
range, necessary adjustments in the equipment used for tightening 12,983
the roof bolts shall be made immediately. If, after adjustments 12,984
are made and required torques are not achieved, supplementary 12,985
support such as additional roof bolts, longer bolts with adequate 12,986
anchorage, posts, cribs, or crossbars shall be installed. 12,987
(iii) On a daily basis, spot-check torques on at least ten 12,989
per cent of the roof bolts from the outby corner of the last open 12,990
crosscut to the face and record the results. This record shall 12,991
show the number of roof bolts tested, number of roof bolts below 12,992
the recommended range, and the number of roof bolts above the 12,993
recommended range. If results show that a majority of the roof
292
bolts are not maintaining at least seventy per cent of the 12,994
minimum torque required (fifty per cent if plates bear against 12,995
wood), or have exceeded the maximum required torque by fifty per 12,996
cent, supplementary support such as additional roof bolts, longer 12,997
roof bolts with adequate anchorage, posts, cribs, or crossbars 12,998
shall be installed until a review of the adequacy of the roof 12,999
control plan is made by an authorized representative of the
chief.
(d) Devices shall be used to compensate for the angle when 13,001
roof bolts are installed at angles greater than five per cent 13,002
from the perpendicular to the roof line. 13,003
(3) The roof bolting pattern shall meet the following 13,005
criteria:
(a) Roof bolt spacing either lengthwise or crosswise shall 13,007
not exceed five feet. 13,008
(b) Roof bolts shall be installed as close as possible to, 13,010
but not more than five feet from, the rib before a sidecut is 13,011
started.
(c) Roof bolts shall be installed as close as possible to, 13,013
but not more than five feet from, the face before starting 13,014
conventional cutting or a continuous miner run. 13,015
(4) Openings shall not exceed twenty feet in width where 13,017
roof bolting is the sole means of roof support. 13,018
(B) A conventional roof control plan is one in which 13,020
installation of materials other than roof bolts, such as metal or 13,021
wood posts, jacks, or cribs, in conjunction with wooden cap 13,022
blocks (half headers), footers (sills), planks, or beams, are 13,023
installed as the sole means of roof support at a face as part of
the normal mining cycle. The following criteria apply to 13,024
conventional roof control plans: 13,025
(1) Support materials shall meet the following 13,027
specifications:
(a) Posts shall be of solid, straight-grain wood with the 13,029
ends sawed square and free from defects which THAT would affect 13,030
293
their strength.
(b) The diameter of round posts shall not be less than one 13,032
inch for each fifteen inches of length, but in no case should 13,033
SHALL the diameter be less than four inches; split posts shall 13,035
have a cross-sectional area equal to that required for round 13,036
posts to equivalent length.
(c) Wooden cap blocks and footers shall have flat 13,038
paralleled sides and be not less than two inches thick, four 13,039
inches wide, and twelve inches long.
(d) Wooden crossbars and planks shall be straight and of 13,041
solid wood. Crossbars shall have a minimum cross-sectional area 13,042
of twenty-four square inches and the minimum thickness shall be 13,043
three inches. Planks shall have a minimum cross-sectional area 13,044
of eight square inches and a minimum thickness of one inch. 13,045
(e) Cribbing material shall be of wood having parallel 13,047
flat sides. In no case may the crib be less than thirty inches 13,049
square.
(2) Conventional roof control plan installation practices 13,051
shall meet the following criteria: 13,052
(a) No more than two wooden wedges should SHALL be used to 13,054
install a post. 13,055
(b) Posts shall not be installed under roof susceptible to 13,057
sloughing or under disturbed roof without a wooden cap block, 13,058
plank, or crossbar between the post and the roof. 13,059
(c) Posts shall be installed tight and on solid footing. 13,061
(d) Blocks used for lagging between the roof and wooden 13,063
crossbars, planks, or metal bars shall be spaced so that the load 13,064
on the supports will be equally distributed. 13,065
(e) Cap blocks should SHALL be used between jacks and the 13,067
roof.
(3) The support pattern shall meet the following criteria: 13,069
(a) Spacing of roadway roof supports shall not exceed five 13,071
feet.
(b) Width of roadways shall not exceed fourteen feet on 13,073
294
the straight and sixteen feet on the curves. 13,074
(c) Roof supports shall be installed to within five feet 13,076
of the uncut face; however, the supports nearest the face may be 13,078
removed to facilitate the operation of face equipment if 13,080
equivalent temporary support is installed prior to removal. 13,082
(d) When an opening is no longer needed for storing 13,084
supplies or for travel of equipment, the roof at the entrance of 13,085
all such openings along travelways shall be supported by 13,087
extending the post line across the opening.
(4) Openings shall not exceed twenty feet in width where 13,089
the roof is supported solely by conventional means. 13,091
(C) The following criteria apply to combination roof 13,093
control plans. For a plan where both roof bolts and conventional 13,095
supports are used for roof control at the face, the criteria for 13,097
a full roof bolting plan and a conventional roof control plan 13,099
shall apply with the following modifications:
(1) Any place being driven over twenty feet in width shall 13,101
be supported in compliance with a combination roof control plan. 13,102
(2) The roadway shall be limited to sixteen feet in width 13,104
on both the straight and the curves to within ten feet of the 13,106
uncut face.
(3) A row of posts shall be set for each five feet of 13,108
space between the roadway posts and the ribs. 13,109
(4) Openings shall not exceed thirty feet in width. 13,111
(D) The following criteria apply to spot roof bolting 13,113
plans. Spot roof bolting may be used only as a supplement to the 13,114
approved roof control plan at random locations where adverse roof 13,115
conditions are encountered. Where spot roof bolting is used, the 13,116
criteria in divisions (A)(1) and (2) of this section shall apply. 13,117
In addition, roof bolts shall be installed in accordance with
roof conditions, but in no case should SHALL spacing exceed four 13,118
feet lengthwise and crosswise. Roof bolting should SHALL begin 13,120
under safe roof and continue for the length of the adverse roof 13,122
condition until safe roof is again encountered.
295
(E) The following criteria apply to pillar recovery plans. 13,124
Any reduction in pillar size during second mining or intentional 13,125
retreat mining shall be considered pillar recovery: 13,126
(1) Division (A), (B), or (C) of this section shall apply 13,128
depending on whether the pillar recovery plan calls for 13,130
conventional support or a combination of conventional support and 13,132
roof bolting.
(2) During development, the size and shape of the pillars 13,134
shall be dictated by the depth of cover, height of coal, and 13,136
other conditions associated with the coal bed. The smallest 13,138
dimension of the pillar may not be less than twenty feet. 13,140
(3) Pillar splits and lifts may not exceed twenty feet in 13,142
width.
(4) A minimum of two rows of breaker posts or the 13,144
equivalent shall be installed on not more than four foot centers 13,146
across each opening leading into pillared areas and such posts 13,148
should SHALL be installed before production is started. Such 13,150
posts shall be installed near the breakline between the lift 13,151
being started and the gob. 13,152
(5) A row of roadside-radius (turn) posts or the 13,154
equivalent shall be installed on not more than four foot centers 13,156
leading into pillar splits, including secondary splits in slabs, 13,158
wings, or fenders.
(6) The width of the roadway leading from the solid 13,160
pillars to a final stump (pushout) may not exceed fourteen feet. 13,162
At least two rows of posts or their equivalent shall be set on 13,164
each side of the roadway on not more than four foot centers. 13,166
Only one open roadway leading to a final stump (pushout) may be 13,167
permitted. 13,168
(7) Before full pillar recovery is begun in areas where 13,170
roof bolts were used as the sole means of roof support and 13,172
openings are more than sixteen feet wide, supplementary support 13,174
shall be installed on either side on not more than four foot 13,176
centers lengthwise, and the width of all roadways may not exceed 13,178
296
sixteen feet. These supports shall be extended from the entrance 13,179
to the split for at least one full pillar outby the pillar in 13,180
which the split is being made. 13,182
(8) The following criteria shall apply to open end 13,184
pillaring:
(a) At least two rows of breaker posts or their equivalent 13,186
shall be installed between the lift being started and the gob on 13,187
not more than four foot centers before the initial cut is made 13,188
and shall be extended to within seven feet of the face. The 13,189
width of the roadway may not exceed fourteen feet.
(b) If the roof in open end pillaring has a tendency to 13,191
hang, falls shall be made, or cribs installed in addition to the 13,192
breakline posts between the active lift and the hanging area. 13,193
The cribs may be set not more than eight feet apart. Heavy duty 13,194
hydraulic jacks set at centers close enough to give equivalent 13,195
support may be substituted for cribs, if such jacks are removed
remotely. 13,196
(F) The following criteria apply to special roof control 13,198
plans. A special roof control plan shall be adopted and followed 13,199
when support is installed on an intermittent basis, but only at 13,200
predetermined locations, such as at intersections, or when 13,201
equipment is especially designed to provide either natural or 13,202
artificial support as the coal is mined. Special roof control
plans also cover experimental installations using new devices, 13,203
materials, or methods for roof support. 13,204
(1) The following criteria apply to mining methods using 13,206
continuous miners with integral roof bolting equipment where roof 13,207
bolts are the sole means of roof support. 13,208
(a) The distance between roof bolts shall not exceed eight 13,210
feet crosswise, unless additional material such as wooden planks, 13,211
wooden beams, or metal straps are installed in conjunction with 13,212
the roof bolts. Roof bolts installed more than eight feet, but 13,213
less than nine feet apart shall be supplemented with a wooden 13,215
plank at least two inches thick by eight inches wide or its
297
equivalent. Roof bolts installed more than nine feet, but less 13,216
than ten feet apart shall be supplemented with a wooden plank at 13,217
least three inches thick by eight inches wide or its equivalent. 13,218
Roof bolts may not be installed more than ten feet apart. 13,220
(b) Work in intersections, pillar splits, or other such 13,222
places may not be started until additional support has been 13,224
installed where the roof is supported with only two roof bolts 13,226
crosswise. Such support shall reduce bolt spacing to a maximum 13,228
of five feet.
(c) The maximum opening width where the roof may be 13,230
supported by only two roof bolts crosswise is sixteen feet. 13,232
(d) The distance between the last row of bolts and the 13,234
face may not exceed the distance from the head of the machine to 13,236
the integral roof bolting equipment before starting a continuous 13,238
miner run.
(2) Before any new support materials, devices, or systems 13,240
are used as a sole means of roof support, their effectiveness 13,241
shall be demonstrated by experimental installations in areas 13,242
approved by the chief.
(G) The following criteria apply to temporary supports: 13,244
(1) The following criteria apply to the installation of 13,246
temporary supports in faces: 13,248
(a) In areas where permanent artificial support is 13,250
required temporary support shall be used until such permanent 13,252
support is installed.
(b) Only those persons engaged in installing temporary 13,254
support may be allowed to proceed beyond the last permanent 13,256
support until such temporary supports are installed. 13,258
(c) A minimum of two temporary supports shall be installed 13,260
on not more than five foot centers and within five feet of the 13,262
rib or face when work is being done between such support and the 13,264
nearest rib or face. At least four temporary supports shall be 13,266
installed on not more than five foot centers when work is being 13,268
done in other areas of the face inby the last permanent support. 13,269
298
No person may be permitted to proceed beyond temporary support in 13,271
any direction unless such support is within five feet of the rib 13,272
face or permanent support. 13,274
(2) During rehabilitation work such as rebolting, 13,276
installing crossbars, or other permanent roof support, taking 13,278
down loose roof, and cleaning up falls of roof, temporary roof 13,280
supports shall be installed and the following criteria shall 13,282
apply:
(a) Where rebolting work is beng BEING done or crossbars 13,284
are being installed, at least two rows of temporary supports on 13,287
not more than five foot centers shall be installed across the 13,289
place so that the work in progress is done between the installed 13,291
temporary supports and permanent roof supports installed in sound 13,292
roof. The distance between the permanent supports and the 13,293
nearest temporary supports may not exceed five feet. 13,295
(b) Tools used to take down loose material shall be of a 13,297
design that will enable workmen WORKERS to perform their duties 13,299
from a safe position without exposure to falling material. Where 13,302
loose material is being taken down, a minimum of two temporary 13,304
supports on centers of not more than five feet shall be set 13,305
between the workmen WORKERS and the material if such work cannot 13,306
be done from an area supported by permanent roof supports. 13,309
(c) Where roof falls have occurred, a minimum of four 13,311
temporary supports shall be set before starting any work in and 13,313
around the affected area. These supports shall be located so as 13,315
to provide the maximum protection for persons working in the 13,317
area.
(H) Any operator who intends to recover roof supports 13,319
shall include a detailed plan for such recovery in the roof 13,321
control plan. The following criteria apply to recovery 13,323
procedures:
(1) Recovery shall be done only under the direct 13,325
supervision of a general mine foreman FOREPERSON, mine foreman 13,327
FOREPERSON, or section foreman FOREPERSON. 13,328
299
(2) Except where circumstances preclude such assignment, 13,330
only experienced miners shall be assigned to such work. 13,332
(3) The person supervising recovery shall make a careful 13,334
examination and evaluation of the roof and designate each support 13,336
to be recovered. 13,337
(4) Supports may not be recovered in the following areas: 13,339
(a) Where roof fractures are present or there ar ARE other 13,341
indications of the roof being structurally weak; 13,343
(b) Where any second mining has been done; 13,345
(c) Where torque readings on roof bolts or visual 13,347
observations of conventional support indicate excessive loading. 13,349
(5) Two rows of temporary supports on not more than four 13,351
foot centers, lengthwise and crosswise, shall be set across the 13,353
place, beginning not more than four feet inby the support being 13,355
recovered. In addition, at least one temporary support shall be 13,357
provided as close as practicable to the support being recovered. 13,359
(6) Temporary supports used may not be recovered unless 13,361
recovery is done remotely from under roof where the permanent 13,363
supports have not been disturbed and two rows of temporary 13,365
support, set across the place on four foot centers, are 13,367
maintained at all times between the workmen WORKERS and the
unsupported area. 13,368
(7) No one may be permitted to enter any area from which 13,370
supports have been recovered. 13,372
(8) Entrances to the areas from which supports are being 13,374
recovered shall be marked with danger signs placed at conspicuous 13,376
locations. The danger signs will SHALL suffice as long as 13,378
further support recovery work is being done in the area. If the 13,380
recovery work is completed or suspended for three or more days, 13,381
the areas shall be barricaded. 13,382
(I) No person shall refuse or neglect to comply with this 13,384
section. 13,385
Sec. 1563.37. (A) The operator, in accordance with the 13,394
approved plan, shall provide at or near each working face and at 13,395
300
such other locations in the coal mines as the chief of the 13,396
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 13,397
may prescribe an ample supply of suitable materials of proper 13,398
size with which to secure the roof of all working places in a 13,399
safe manner. Safety posts, jacks, or other approved devices 13,400
shall be used to protect the workmen WORKERS when roof material 13,401
is being taken down, crossbars are being installed, roof bolt 13,402
holes are being drilled, roof bolts are being installed, and in 13,403
such other circumstances as may be appropriate. Loose roof and 13,404
overhanging or loose faces and ribs shall be taken down or
supported. Except in the case of recovery work, supports knocked 13,405
out shall be replaced promptly. 13,406
(B) The operator shall have an adequate supply of roof 13,408
support material (including temporary supports) as specified in 13,409
the approved roof control plan for the type of mining being 13,410
conducted as close as practical to the working face, but not 13,411
farther away than the first open crosscut outby the working face
unless storing of such supplies in this area poses a hazard to 13,412
the miner. In such cases supplies shall be stored at an 13,413
alternate location approved by an authorized representative of 13,415
the chief. Where mining equipment such as roof drilling machines 13,417
or timbering machines are required to install the supports, such 13,419
support material may be transported from place to place on the 13,420
equipment. An adequate supply shall be defined as sufficient 13,421
material including temporary supports, to support roof exposed by 13,423
one complete cycle of mining. An additional supply of 13,425
supplementary roof support materials, such as posts, jacks, 13,427
crossbars, or different length roof bolts, shall be located 13,428
within fifty feet of each working section in the event adverse 13,429
roof conditions, such as water coming from the roof, slips, 13,431
washouts, wants, OR roof cracks, are encountered. 13,432
(C) When installation of roof bolts is permitted, such 13,434
roof bolts shall be tested in accordance with the approved roof 13,436
control plan.
301
(D) The criteria which THAT may be required in the roof 13,438
control plan for testing installed roof bolts are set forth in 13,441
divisions (A)(2)(c)(ii) and (iii) of section 1563.35 of the 13,443
Revised Code.
(E) Roof bolts shall not be recovered where complete 13,445
extractions of pillars are attempted, where adjacent to clay 13,446
veins, or at the locations of other irregularities, whether 13,447
natural or otherwise, that induce abnormal hazards. Where roof 13,448
bolts recovery is permitted, it may be conducted only in
accordance with methods prescribed in the approved roof control 13,449
plan, and it shall be conducted by experienced miners, but only 13,451
where adequate temporary support is provided. 13,453
(F) To assure that miners are protected during roof bolt 13,455
recovery work, the operator shall conform with criteria set forth 13,457
in division (H) of section 1563.35 of the Revised Code. 13,459
(G) Where miners are exposed to danger from falls of roof, 13,461
face, and ribs, the operator shall examine and test the roof, 13,463
face, and ribs before any work or machine is started, and as 13,465
frequently thereafter as may be necessary to insure safety. When 13,467
dangerous conditions are found, they shall be corrected 13,468
immediately. 13,469
(H) No person shall refuse or neglect to comply with this 13,471
section. 13,472
Sec. 1563.40. The operator shall effectively close or 13,481
fence all openings to mines abandoned after June 3, 1941, so that 13,482
persons or animals cannot inadvertently enter therein. 13,483
Abandoned vertical shafts and other abandoned openings 13,486
leading to underground workings, which shafts and other openings 13,487
are abandoned after August 26, 1949, shall be closed within 13,488
ninety days after abandonment as follows:
(A) Vertical shafts shall be completely filled with earth 13,490
or other noncombustible material, or the top of such shaft shall 13,492
be covered with a substantial reinforced concrete slab, the 13,493
design of which has been approved by the chief of the division of 13,494
302
mines and reclamation MINERAL RESOURCES MANAGEMENT. 13,495
(B) Other openings not potentially usable in later mining 13,497
operations shall be closed with earth or masonry in a way which 13,498
THAT may reasonably be expected to prevent unauthorized persons 13,500
from entering the same. 13,501
No operator of a mine shall refuse or neglect to comply 13,503
with this section. 13,504
Sec. 1563.41. The operator of a mine, before sealing off 13,513
any abandoned workings, shall obtain the approval of the deputy 13,514
mine inspector and the chief of the division of mines and 13,515
reclamation MINERAL RESOURCES MANAGEMENT. The seals used in 13,518
sealing off such workings, when approved by the chief, shall be 13,519
constructed of not less than eighteen-inch concrete or masonry 13,520
bulkheads effectively anchored to the ceiling, ribs, and floor, 13,521
except where seals are used to seal abandoned individual panel or 13,522
room entries, they shall be constructed of concrete or masonry 13,523
bulkheads not less than six inches in thickness effectively 13,524
anchored to the ceiling, ribs, and floor in a manner approved by 13,525
the deputy mine inspector and the chief. All seals are to be 13,526
bled or drained of gas in a manner approved by the deputy mine 13,527
inspector and the chief.
No operator of a mine shall refuse or neglect to comply 13,529
with this section. 13,530
Sec. 1563.42. The operator of a mine, before the pillars 13,540
are drawn previous to the abandonment of any part of the mine, 13,541
shall have a correct map of such part of the mine made, showing 13,542
its area and workings to the day of the abandonment and the 13,543
pillars drawn previous to abandonment;, and file such map within 13,544
ninety days after the abandonment of such mine, in the office of 13,545
the county recorder of the county where such mine is located, and 13,546
with the chief of the division of mines and reclamation MINERAL 13,547
RESOURCES MANAGEMENT. Such map shall have attached the usual 13,549
certificate of the mining engineer making it, and the mine 13,550
foreman FOREPERSON in charge of the underground workings of the 13,551
303
mine, and such operator shall pay to the recorder for filing such 13,552
map, a fee of five dollars. 13,553
No operator of a mine shall refuse or neglect to comply 13,555
with this section. 13,556
Sec. 1563.43. The operator of a mine shall give notice to 13,566
the chief of the division of mines and reclamation MINERAL
RESOURCES MANAGEMENT when: 13,567
(A) A change occurs in the name of a mine, in the name of 13,569
the operator thereof, or in the officers of an incorporated 13,570
company owning or operating such mine; 13,571
(B) Work is commenced opening a new shaft, slope, or mine; 13,573
(C) A mine is abandoned, or the working thereof is 13,575
discontinued; 13,576
(D) The working of a mine is commenced, after an 13,578
abandonment or discontinuance thereof for a period of more than 13,579
three months; 13,580
(E) The pillars of a mine are about to be removed or 13,582
robbed; 13,583
(F) A squeeze, crush, or fire occurs, or a dangerous body 13,585
of gas is found, or any cause or change occurs that may seem to 13,586
affect the safety of persons employed therein. 13,587
No operator of a mine shall refuse or neglect to comply 13,589
with this section. 13,590
Sec. 1563.46. If the appliances of a mine for the safety 13,600
of the persons working therein do not conform to this chapter and 13,602
Chapters 1509., 1561., 1565., and 1567. of the Revised Code, or 13,604
if the owner, lessee, or agent disregards the requirements of 13,606
such chapters, on application by the chief of the division of 13,607
mines and reclamation MINERAL RESOURCES MANAGEMENT, in the name 13,608
of the state, any court of competent jurisdiction may enjoin or 13,611
restrain the owner, lessee, or agent from operating such mine, 13,612
until it conforms to such chapters. Such remedy shall be 13,613
cumulative, and shall not affect any other proceedings authorized 13,615
against the owner, lessee, or agent for the matter complained of 13,617
304
in the action. The attorney general shall represent the chief in 13,618
all actions under this section.
Sec. 1565.05. The operator of a mine shall keep on file a 13,628
copy of the certificate of each mine foreman FOREPERSON, foreman 13,629
FOREPERSON, and fire boss in his THE OPERATOR'S employ or under 13,631
his THE OPERATOR'S control. Such certificate shall be exhibited 13,632
to the chief of the division of mines and reclamation MINERAL 13,633
RESOURCES MANAGEMENT, or any deputy mine inspector, upon his 13,634
demand.
No operator of a mine shall refuse or neglect to comply 13,636
with this section.
Sec. 1565.06. (A) In emergencies arising at a mine 13,645
because of accident, death, illness, or any other cause, an 13,646
operator may appoint noncertificate men PERSONS as foremen 13,648
FOREPERSONS and fire bosses to act until certified foremen 13,649
FOREPERSONS and fire bosses satisfactory to him THE OPERATOR can 13,651
be secured. Such appointee may not serve in such capacity for a 13,653
period longer than six months or until such time thereafter as an 13,654
examination is held for such certified men PERSONS under section 13,655
1561.13 of the Revised Code. The employer of such noncertificate 13,657
man PERSON shall, upon appointment of such noncertificate man 13,658
PERSON in this capacity, forward the name of such noncertificate 13,659
man PERSON to the chief of the division of mines and reclamation 13,660
MINERAL RESOURCES MANAGEMENT.
(B) An operator may appoint as a temporary foreman 13,662
FOREPERSON or fire boss a noncertificate person who is within six 13,664
months of possessing the necessary actual practical experience to 13,665
qualify to take the examination for certification for the 13,666
position to which the person is temporarily appointed. Upon 13,667
appointment of a noncertificate person, the operator shall 13,668
forward the name, social security number, and brief summary of 13,669
the person's actual practical experience to the mine examining 13,670
board, and the board shall issue the person a temporary 13,671
certificate for the position to which the person has been 13,672
305
temporarily appointed. A temporary certificate issued under this 13,673
division is valid for six months or until such time thereafter as 13,674
an examination is held under section 1561.13 of the Revised Code 13,675
for the position to which the person has been temporarily 13,677
appointed.
(C) A person who possesses a valid certificate issued by 13,679
another state for a position for which the mine examining board 13,680
issues a certificate shall be eligible for a temporary 13,681
certificate from the board upon presentation to the board of a 13,682
copy of the certificate from that other state. A temporary 13,683
certificate issued under this division shall be valid for six 13,684
months. 13,685
No operator of a mine shall violate or fail to comply with 13,687
this section. 13,688
Sec. 1565.07. The superintendent in charge of a mine shall 13,697
direct the mine foreman FOREPERSON in such manner as is necessary 13,699
to secure compliance with this chapter and Chapters 1561., 1563., 13,700
AND 1567., and sections 1509.18 and 1509.19 of the Revised Code. 13,701
The superintendent may act as mine foreman FOREPERSON, but if he 13,703
THE SUPERINTENDENT does so act regularly, he THE SUPERINTENDENT 13,704
shall obtain a certificate from the mine examining board in the 13,706
same manner as the certification of mine foremen FOREPERSON is 13,707
obtained.
A person designated as a superintendent of an underground 13,709
coal mine after January 1, 1977, shall, within six months after 13,710
being so designated, demonstrate to the chief of the division of 13,712
mines and reclamation MINERAL RESOURCES MANAGEMENT that he THE 13,713
PERSON has knowledge of the mining laws of this state governing 13,716
the operation of underground coal mines either by presenting 13,717
evidence that he THE PERSON has passed a mine foreman FOREPERSON 13,718
examination given by the mine examining board or an examination 13,719
given by the chief concerning the laws of this state governing 13,721
the operation of underground coal mines. 13,723
No person shall refuse or neglect to comply with this 13,725
306
section. 13,726
Sec. 1565.08. If a person certified by the mine examining 13,736
board willfully PURPOSELY violates the mining laws, his THE 13,738
PERSON'S certificate may be revoked after investigation and a 13,740
hearing in accordance with sections 119.01 to 119.13 CHAPTER 119. 13,741
of the Revised Code, by the chief of the division of mines and 13,743
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 13,744
the mine examining board. 13,745
No person whose license, certificate, or similar authority 13,747
to perform any certifiable mining duties in another state is 13,748
suspended or revoked by that state shall be certified for an 13,749
equivalent mining certificate in this state during the period of 13,750
the suspension or revocation in the other state. 13,751
Sec. 1565.11. The miners employed in a mine may appoint 13,761
two of their number to act as a safety committee to inspect, not 13,762
more often than once each month, the mine and the machinery 13,763
connected therewith, and to measure the ventilating current. The 13,764
operator may accompany such committee, or appoint two or more
persons for that purpose. The operator shall afford every 13,765
necessary facility for making such inspection and measurement, 13,766
but the committee shall not interrupt or impede the work in the 13,767
mine, at the time of such inspection and measurement. After such 13,768
inspection and measurement, such committee shall forthwith make a 13,769
report thereof to the chief of the division of mines and
reclamation MINERAL RESOURCES MANAGEMENT, on a blank furnished by 13,771
him THE CHIEF.
No operator of a mine shall refuse or neglect to comply 13,773
with this section, and no such person shall violate this section. 13,774
Sec. 1565.12. When a loss of life is occasioned by 13,783
accident in any mine, the operator thereof shall forthwith give 13,784
notice thereof to the chief of the division of mines and 13,785
reclamation MINERAL RESOURCES MANAGEMENT, and to the deputy mine 13,787
inspector in charge of the district. Such notice shall be given 13,788
by telephone or telegraph. The operator of such mine shall, 13,789
307
within twenty-four hours after such accident causing loss of 13,790
life, send a written report of the accident to the chief. Such 13,791
written report shall specify the character and cause of said THE 13,792
accident, the names of the persons killed, and the nature of the
injuries which THAT caused death. In the case of injury 13,793
thereafter resulting in death, the operator shall send a written 13,795
notice thereof to the chief, and to the deputy mine inspector of 13,796
such district, at such time as such death comes to his THE 13,797
OPERATOR'S knowledge. 13,798
No operator of a mine shall refuse or neglect to comply 13,800
with this section. 13,801
Sec. 1565.15. (A) As used in this section: 13,810
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency 13,814
medical service organization" have the same meanings as in 13,815
section 4765.01 of the Revised Code.
(2) "First aid provider" includes an EMT-basic, an EMT-I, 13,819
a paramedic, or a supervisory employee at a surface coal mine who 13,820
has satisfied the training requirements established in division 13,821
(D)(1) of this section. 13,822
(B) The operator of an underground coal mine where twenty 13,824
or more persons are employed on a shift, including all persons 13,825
working at different locations at the mine within a ten-mile 13,826
radius, shall provide at least one EMT-basic or EMT-I on duty at 13,829
the underground coal mine whenever employees at the mine are
actively engaged in the extraction, production, or preparation of 13,830
coal. The operator shall provide EMTs-basic or EMTs-I on duty at 13,833
the underground coal mine at times and in numbers sufficient to 13,834
ensure that no miner works in a mine location that cannot be 13,835
reached within a reasonable time by an EMT-basic or an EMT-I. 13,836
EMTs-basic and EMTs-I shall be employed on their regular coal 13,838
mining duties at locations convenient for quick response to
emergencies in order to provide emergency medical services inside 13,840
the underground coal mine and transportation of injured or sick 13,842
employees to the entrance of the mine. The operator shall
308
provide for the services of at least one emergency medical 13,843
service organization to be available on call to reach the 13,844
entrance of the underground coal mine within thirty minutes at 13,845
any time that employees are engaged in the extraction, 13,847
production, or preparation of coal in order to provide emergency 13,848
medical services and transportation to a hospital. 13,849
The operator shall make available to EMTs-basic and EMTs-I 13,852
all of the equipment for first aid and emergency medical services 13,853
that is necessary for those personnel to function and to comply 13,854
with the regulations pertaining to first aid and emergency 13,855
medical services that are adopted under the "Federal Mine Safety 13,857
and Health Act of 1977," 91 Stat. 1290, 30 U.S.C.A. 801, and 13,858
amendments to it. The operator of the underground coal mine 13,859
shall install telephone service or equivalent facilities that 13,860
enable two-way voice communication between the EMTs-basic or 13,861
EMTs-I in the mine and the emergency medical service organization 13,862
outside the mine that provides emergency medical services on a 13,863
regular basis.
(C) The operator of a surface coal mine shall provide at 13,865
least one first aid provider on duty at the mine whenever 13,867
employees at the mine are actively engaged in the extraction, 13,868
production, or preparation of coal. The operator shall provide 13,869
first aid providers on duty at the surface coal mine at times and 13,871
in numbers sufficient to ensure that no miner works in a mine 13,872
location that cannot be reached within a reasonable time by a 13,873
first aid provider. First aid providers shall be employed on 13,874
their regular coal mining duties at locations convenient for 13,875
quick response to emergencies in order to provide emergency 13,876
medical services and transportation of injured or sick employees 13,877
to the entrance of the surface coal mine. The operator shall 13,879
provide for the services of at least one emergency medical 13,880
service organization to be available on call to reach the
entrance of the surface coal mine within thirty minutes at any 13,882
time that employees are engaged in the extraction, production, or 13,883
309
preparation of coal in order to provide emergency medical 13,885
services and transportation to a hospital.
The operator shall make available to first aid providers 13,887
all of the equipment for first aid and emergency medical services 13,888
that is necessary for those personnel to function and to comply 13,889
with the regulations pertaining to first aid and emergency 13,890
medical services that are adopted under the "Federal Mine Safety 13,892
and Health Act of 1977," 91 Stat. 1290, 30 U.S.C.A. 801, and 13,894
amendments to it, including, without limitation, a portable 13,895
oxygen cylinder with a medical regulator and oxygen delivery 13,896
system.
(D)(1) A supervisory employee at a surface coal mine shall 13,899
be considered to be a first aid provider for the purposes of this 13,900
section if the employee has received from an instructor approved 13,901
by the chief of the division of mines and reclamation MINERAL 13,902
RESOURCES MANAGEMENT ten hours of initial first aid training as a 13,904
selected supervisory employee under 30 C.F.R. 77.1703 and 13,905
receives five hours of refresher first aid training as a selected 13,906
supervisory employee under 30 C.F.R. 77.1705 in each subsequent 13,907
calendar year.
(2) Each miner employed at a surface coal mine who is not 13,909
a first aid provider shall receive from an instructor approved by 13,910
the chief three hours of initial first aid training and two hours 13,911
of refresher first aid training in each subsequent calendar year. 13,912
(3) The training received in accordance with division (D) 13,914
of this section shall consist of a course of instruction 13,915
established in the manual issued by the mine safety and health 13,916
administration in the united states UNITED STATES department of 13,918
labor entitled "First FIRST aid, A Bureau A BUREAU of Mines 13,920
Instruction Manual MINES INSTRUCTION MANUAL" or its successor or 13,922
any other curriculum approved by the chief. The training shall
be included in the hours of instruction provided to miners in 13,924
accordance with training requirements established under 30 C.F.R. 13,925
part 48, subpart (b)(B), as amended, and 30 C.F.R. part 77, as 13,926
310
amended.
(E) Each operator of a surface coal mine shall establish, 13,928
keep current, and make available for inspection an emergency 13,929
medical plan that includes the telephone numbers of the division 13,930
of mines and reclamation MINERAL RESOURCES MANAGEMENT and of an 13,931
emergency medical services organization the services of which are 13,933
required to be retained under division (C) of this section. The 13,934
chief shall adopt rules in accordance with Chapter 119. of the 13,935
Revised Code that establish any additional information required 13,936
to be included in an emergency medical plan. 13,938
(F) Each operator of an underground coal mine or surface 13,941
coal mine shall provide or contract to obtain emergency medical 13,942
services training or first aid training, as applicable, at the 13,943
operator's expense, that is sufficient to train and maintain the 13,945
certification of the number of employees necessary to comply with 13,946
division (B) of this section and that is sufficient to train 13,947
employees as required under division (D) of this section and to 13,948
comply with division (C) of this section.
(G) The division may provide emergency medical services 13,951
training for coal mine employees by operating an emergency
medical services training program accredited under section 13,952
4765.17 of the Revised Code or by contracting with the operator 13,953
of an emergency medical services training program accredited 13,954
under that section to provide that training. The division may 13,956
charge coal mine operators a uniform part of the unit cost per 13,957
trainee.
(H) No coal mine operator shall violate or fail to comply 13,960
with this section.
Sec. 1567.02. In the operation of mines, mine owners, 13,969
lessees, and their agents may continue to use the type of 13,971
appliance and machinery owned or operated in such mines on 13,972
September 2, 1941, in the manner permitted by the statutes in 13,973
force on June 3, 1941, and until the mine in which such
appliances or machinery are located is exhausted or abandoned; in 13,975
311
the use of such appliances or machinery, they shall comply with 13,976
the rules of the chief of the division of mines and reclamation 13,977
MINERAL RESOURCES MANAGEMENT. In gaseous mines, as parts of such 13,979
machinery or appliances become worn out and have to be replaced, 13,980
the chief or the deputy mine inspector shall order that such 13,982
replacement parts put the machinery or appliance in a condition 13,984
or state, as far as practicable, to meet the requirements of the 13,985
United States bureau of mines for permissible machinery or 13,986
appliances; in case any piece of machinery or appliance is worn
out and is not so connected with the use of other machinery and 13,987
appliances as to make it necessary to replace such worn-out piece 13,988
with the same type in order to continue the use of the connected 13,989
appliances and machinery, the machinery or appliance purchased 13,990
for such replacement shall be of a type made lawful under this 13,991
chapter and Chapters 1561., 1563., and 1565. of the Revised Code, 13,992
which in gaseous mines shall be of permissible or approved type. 13,994
The chief, in making such rules, shall incorporate therein the 13,995
statutes in force on June 3, 1941, governing the use of such 13,997
appliances and machinery. If in his THE CHIEF'S opinion such 13,998
statutes do not provide the required protection, additional rules 14,000
to cover such use shall be made by him THE CHIEF or by the deputy 14,001
mine inspector, with his THE CHIEF'S approval. The deputy mine 14,002
inspector and the electrical inspector shall, in their periodic 14,004
inspection of the mines, report on the condition of all machinery 14,005
and appliances to see that this section is being complied with. 14,007
Sec. 1567.08. The mine foreman FOREPERSON shall each day 14,016
enter plainly or have entered in ink, in a book provided for that 14,017
purpose, a report of the condition of the mine, which report 14,018
shall clearly state any danger that such mine foreman FOREPERSON 14,020
has observed during the day, or any danger reported to him THE 14,021
MINE FOREPERSON by his THE MINE FOREPERSON'S assistants, the fire 14,022
bosses, or the shot firers when employed. The report shall also 14,024
state whether or not there is a proper supply of material on hand 14,025
for the safe working of the mine, and whether or not the 14,026
312
requirements of the law are complied with. He THE MINE 14,027
FOREPERSON shall also, once each week, enter plainly or have
entered in ink, in said THE book, a true report of all air 14,029
measurements required by this chapter and Chapters 1561., 1563., 14,031
and 1565. of the Revised Code, designating the place, the area of 14,033
each break-through and entry separately, the velocity of the air 14,034
in each break-through and entry, and the number of men WORKERS 14,035
employed in each separate split of air, with the date when the 14,037
measurements were taken. Said THE book shall be kept in the mine 14,039
office at the mine, for examination by the deputy mine inspector, 14,040
and by any person working in the mine, in the presence of the 14,041
mine foreman FOREPERSON. The mine foreman FOREPERSON shall each 14,042
day personally sign and certify to all facts entered and recorded 14,043
in such book. 14,044
The mine foreman FOREPERSON shall each day read carefully 14,046
and personally sign in ink, and certify to such facts, all 14,047
reports entered in the record book of the fire bosses. 14,048
The record books shall be prescribed and supplied by the 14,050
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 14,051
and purchased by the operator. 14,052
No person shall refuse or neglect to comply with this 14,054
section. 14,055
Sec. 1567.09. The operator of a mine shall provide and 14,065
maintain the necessary artificial means of capacity and power 14,066
capable of supplying the required ventilation, and shall maintain 14,067
a sufficient volume of air, not less per minute than one hundred 14,068
fifty cubic feet for each person measured at the point in the 14,069
mine where distribution to the various working sections begins 14,070
and distributed to the working faces so as to expel or dilute and 14,071
render harmless, explosive, poisonous, and noxious gases. The 14,072
air shall be measured at the last entry break-through in each 14,073
working section to see that a sufficient volume of air, not less 14,074
than nine thousand cubic feet per minute, is being distributed at 14,075
such point;, provided that in gaseous mines the volume of air 14,076
313
maintained for each person shall be not less than two hundred 14,077
cubic feet per minute measured at the point in the mine where 14,078
distribution to the various working sections begins. 14,079
No more than sixty-five men WORKERS shall be permitted to 14,081
work on one continuous current of air or split of air except with 14,082
the written consent of the chief of the division of mines and 14,084
reclamation MINERAL RESOURCES MANAGEMENT, and in no case shall 14,085
the number of men WORKERS exceed ninety.
Air in which men WORKERS work or travel in mines shall be 14,087
improved when it contains less than nineteen and one-half per 14,089
cent oxygen, or more than one-half of one per cent carbon 14,090
dioxide, or is contaminated with noxious or poisonous gases. If 14,091
the air immediately returning from a split that ventilates any 14,092
group of active workings contains more than one per cent methane, 14,093
as determined with a permissible flame safety lamp, by air 14,094
analysis, or by other recognized means of accurate detection, the 14,095
ventilation shall be improved. If the air immediately returning 14,096
from such a split contains one and one-half per cent methane, the 14,097
employees shall be withdrawn from the mine or the portion of the 14,098
mine affected thereby, and all power shall be cut off from such 14,099
mine or portion of the mine until such dangerous condition has 14,100
been corrected. If the air immediately returning from such a 14,101
split contains one and one-half per cent or more of methane, but 14,102
not more than two per cent of methane, withdrawal of the 14,103
employees from such mine or portion of the mine and shutting off 14,104
all power from such mine or portion of the mine shall not be 14,105
required if all of the following requirements are met: 14,106
(A) The volume of air provided and maintained in such 14,108
split is equal to or in excess of eighteen thousand cubic feet of 14,109
air per minute; 14,110
(B) Only permissible electric equipment is used; 14,112
(C) The air does not pass over trolley or other bare power 14,114
wires; 14,115
(D) An official certified under this chapter and Chapters 14,117
314
1561., 1563., and 1565. of the Revised Code is continually 14,119
testing the gas content of the air during the mining operations 14,120
therein.
At working faces and other places where methane has 14,122
accumulated and is likely to attain an explosive mixture, 14,123
blasting shall not be done and the men WORKERS shall be removed 14,124
from such working faces or places until such condition has been 14,126
corrected.
When the methane content of air in face operations exceeds 14,128
one per cent at any point twelve or more inches from the roof, 14,129
face, or rib, as determined by a permissible methane detector, a 14,130
permissible flame safety lamp, or analysis, such condition shall 14,131
be corrected by improving the ventilation promptly. The electric 14,132
face equipment at such point shall be turned off and not turned 14,133
back on until the methane condition is corrected by improving the 14,134
ventilation. 14,135
In gaseous mines, air that has passed through abandoned 14,137
panel sections shall not be re-used to ventilate live workings. 14,138
Mines that cannot comply with this requirement at once may 14,139
continue to operate as at present for a reasonable length of time 14,140
until future mine development and ventilation can be changed to 14,141
permit compliance with this section. 14,142
No operator of a mine shall refuse or neglect to comply 14,144
with this section. 14,145
Sec. 1567.10. Every outside fan installed after September 14,155
2, 1941, at any coal mine shall be placed at least twenty feet 14,156
from the side or mouth of the shaft entry or slope with which it 14,157
is connected for ventilating purposes and shall be of fireproof 14,158
construction. Explosion doors shall be provided in a direct line 14,159
with the mine opening. 14,160
Upon the written order of the chief of the division of 14,162
mines and reclamation MINERAL RESOURCES MANAGEMENT, all main mine 14,164
fans installed after September 2, 1941, shall be so arranged that 14,165
the ventilating current can be quickly reversed. No fan shall be 14,166
315
reversed while men WORKERS are in the mine unless authority to do 14,168
so is given, preferably in writing, by the mine foreman 14,169
FOREPERSON, superintendent, state inspector, or other responsible 14,171
person. The fan shall be inspected at least daily.
Every main ventilating fan at nongaseous mines shall be 14,173
kept in operation continuously day and night, unless operations 14,174
are definitely suspended, except when written permission is given 14,175
by the inspector to stop it. The permission, or a copy thereof, 14,176
shall be posted by the mine foreman FOREPERSON in a conspicuous 14,177
place at the entrances of the mine, and shall state the 14,179
particular hours the fan may be stopped. The inspector may 14,180
withdraw or modify such permission at any time and in any manner 14,181
he THE INSPECTOR deems best. In all cases in which permission 14,183
has been given by the inspector to stop the ventilating fan, the 14,184
fan shall be started a sufficient length of time prior to the 14,185
appointed time for any person working therein to enter, to clear 14,186
the mine of explosive, poisonous, and noxious gases, and shall be 14,187
kept in operation a sufficient length of time after the appointed 14,188
time for such employees to leave their working places, for all 14,189
persons to be out of the mine.
Every main ventilating fan at gaseous mines shall be kept 14,191
in operation continuously day and night unless operations are 14,192
definitely suspended. Should it become necessary to stop the fan 14,193
at any mine, gaseous or nongaseous, because of an accident to 14,194
part of the machinery connected therewith, or by reason of any 14,195
other unavoidable cause, the mine foreman FOREPERSON or the 14,196
foreman FOREPERSON in charge shall, after first having provided 14,197
for the safety of the persons employed in the mine, order the 14,199
fans stopped for necessary repairs. Should the ventilating fans 14,200
be stopped at any time for any reason at any gaseous mine for a 14,201
period of time sufficient to cause a serious interruption of the 14,202
ventilation, the source of electric power shall be forthwith 14,203
disconnected from the mine, and the source of electric power 14,204
shall not be reconnected with the mine until the fans have been 14,205
316
started, and the mine has been examined by the mine foreman 14,206
FOREPERSON, foreman FOREPERSON, or fire boss, and reported safe. 14,207
A record of such examination shall be entered in the fire boss 14,209
record book. The person in charge of the mine at the time of the 14,210
examination is responsible for the execution of this latter 14,211
provision.
No operator of a mine shall refuse or neglect to comply 14,213
with this section. 14,214
Sec. 1567.11. Booster and blower fans may be installed 14,223
only with the approval of the chief of the division of mines and 14,224
reclamation MINERAL RESOURCES MANAGEMENT, following the 14,225
submission by the owner, lessee, or agent of a definite plan of 14,226
ventilation in which it is proposed to use such fans and the 14,227
reason therefor.
No operator of a mine shall refuse or neglect to comply 14,229
with this section.
Sec. 1567.13. The mine foreman FOREPERSON shall see that 14,238
careful watch is kept over the ventilating apparatus and airways, 14,240
and that the volume of the ventilating current is measured at 14,241
least once each week at the inlet and outlet, at or near the face 14,242
of all entries, and at that point in the mine where distribution 14,243
to the various working sections begins. Such measurements shall 14,244
be noted in duplicate on blanks furnished by the division of 14,246
mines and reclamation MINERAL RESOURCES MANAGEMENT. On the first 14,247
day of each month, the mine foreman FOREPERSON shall forward such 14,249
blanks with his THE MINE FOREPERSON'S signature thereon to the 14,250
deputy mine inspector in the district in which the mine is 14,251
located, and such blanks shall be properly filled in with the 14,252
actual measurements so taken as prescribed in this section. On 14,253
all examinations which THAT the mine foreman FOREPERSON makes of 14,254
the old workings, he THE MINE FOREPERSON shall mark on a 14,257
conspicuous place with chalk his THE MINE FOREPERSON'S initials 14,258
and the date of the month of such examination. 14,259
No person shall refuse or neglect to comply with this 14,261
317
SECTION.
Sec. 1567.17. Where direct current is used underground in 14,271
mines, the following rules shall govern: 14,272
(A) In determining the voltage limit the difference in 14,274
potential shall not exceed three hundred twenty-five volts 14,275
measured by a meter at the nearest switchboard except with the 14,276
written approval of the chief of the division of mines and 14,277
reclamation MINERAL RESOURCES MANAGEMENT. 14,278
(B) For the protection of circuits, a switch and circuit 14,280
breaker shall be installed in the ungrounded side of the circuit, 14,281
but may be omitted from the return side. Fuses may be 14,282
substituted for circuit breakers transmitting twenty-five 14,283
kilowatts or less. Each circuit leading in the underground 14,284
workings of such mine shall be provided with a suitable ammeter. 14,285
Additional switches shall be installed in the ungrounded side of 14,286
all branch circuits. 14,287
(C) One side of grounded circuits shall be very 14,289
efficiently insulated from the earth. 14,290
(D) All trolley and feed wires shall be placed on the 14,292
opposite side of the track from refuge holes or necks of room. 14,293
All lines except telephone, shot firing, and signal lines shall 14,294
be on the same side as the trolley lines. 14,295
(E) All terminal ends of feed and trolley wires shall be 14,297
guarded to prevent persons FROM inadvertently coming in contact 14,298
with them. 14,299
(F) No locomotive shall be operated by means of a person 14,301
holding and sliding upon, or frequently making contact with, the 14,302
positive wire with any device attached to the cable as a 14,303
substitute for a trolley, except to move a locomotive out of 14,304
traffic because of a broken trolley pole or fixtures attached 14,305
thereto. This does not prohibit the operation of a locomotive by 14,306
means of a cable without the use of the trolley, if the 14,307
connection with and disconnection from the positive wire is made 14,308
when the locomotive is not in motion. 14,309
318
(G) Inside the mine the trolley wire shall be installed 14,311
parallel to the gauge line of the rail and as far away as 14,312
practical, and in no place closer than six inches from the gauge 14,313
line, except where written permission is given by the chief. The 14,314
trolley wire shall be securely supported on hangers efficiently 14,316
insulated. Such hangers shall be placed at intervals of not 14,317
exceeding thirty feet and at less intervals if it is necessary to 14,318
prevent the sag between points of support exceeding three inches. 14,319
Hangers installed after September 2, 1941, shall be of sufficient 14,320
height to place the trolley wire within six inches of the roof or 14,321
cross timbers at the point of trolley wire support, except where 14,322
the trolley wire may be above the top of the normal seam or draw 14,323
slate taken with the seam or six feet six inches from the top of 14,324
the rail.
(H) In underground workings all feed wires shall be in 14,326
places either above the trolley wire on the same hangers, between 14,327
trolley wire and rib, or on the rib as close to the roof as 14,328
practicable, and securely supported on hangers sufficiently 14,329
insulated, not more than fifty feet apart. If feed wires are 14,330
installed in entries which THAT are not equipped with trolleys, 14,331
they are to be installed as close to the rib as practicable. 14,333
(I) Recharging stations for battery locomotives located 14,335
inside a mine shall be adequately ventilated at all times. All 14,336
charging panels shall be equipped with automatic overload circuit 14,337
breakers and ammeters. All refuse or movable material of an 14,338
inflammable nature shall be kept out of such stations. 14,339
(J) All trolley and positive feed wires crossing places 14,341
where persons or animals are required to travel shall be safely 14,342
guarded or protected from such persons or animals coming in 14,343
contact with such wires, except where such wires are above the 14,344
top of normal seam or draw slate taken with the seam, or six feet 14,345
six inches from the top of the rail. 14,346
(K) No trolley wire shall be extended into or maintained 14,348
in any room while being used as a working place; no trolley or 14,349
319
feed wire shall be extended into any entry beyond the outside 14,350
corner of the last break-through, except in case of systems of 14,351
mining or equipment approved by the chief. 14,352
(L) When necessary to carry bare wires down shafts or 14,354
slopes used as traveling ways, the wires must SHALL be thoroughly 14,356
protected so that persons cannot inadvertently come in contact 14,357
with them. 14,358
(M) When positive machine feed wires are extended into 14,360
rooms, they shall be placed not nearer than four feet from the 14,361
rail where the room is of sufficient width, and shall only be 14,362
connected to the positive wire on the entry while in actual use. 14,363
The wire used for making such connections shall be of sufficient 14,364
length to reach across the entry, and when the same is 14,365
disconnected, it shall be removed from the entry or be kept with 14,366
the machine. No electric wires shall be extended into any room 14,367
unless a one hundred fifty foot trailing cable will not reach the 14,368
face of the room, and then not beyond the outside corner of the 14,369
last break-through, except in the case of systems of mining and 14,370
equipment approved by the chief. Means shall be provided by 14,371
which machine runners may readily install the machine cable 14,372
across the entry so as to render it free from ground, and so the 14,373
cable will not come in contact with persons or animals required 14,374
to travel such entry. 14,375
(N) Any track or rail that is used as a return circuit 14,377
shall be properly bonded. When metallic pipe lines PIPELINES 14,378
parallel a rail or track used for return, the pipe may be bonded 14,380
to the rail at both ends to avoid electrolysis, and if the pipe 14,381
line PIPELINE is of unusual length, intermediate bonds should 14,383
SHALL be installed. No pipe line PIPELINE or any part thereof 14,385
shall be used exclusively as the return. In a section of a mine 14,386
where electric detonators or electric squibs are used, metallic 14,387
pipe-line PIPELINE rails and return lines in that section shall 14,389
be bonded together.
(O) All lighting circuits of a mine, whether underground 14,391
320
or outside, shall be installed in such a manner that they will 14,392
not be a fire hazard or will not endanger persons coming in 14,393
contact therewith. 14,394
No operator of a mine shall refuse or neglect to comply 14,396
with this section. 14,397
Sec. 1567.18. When alternating current is used underground 14,407
in mine MINES, the following rules apply: 14,408
(A) On all low voltage circuits all wires shall be 14,410
protected by a switch and an automatic overload circuit breaker 14,411
on each wire of the circuit, except that fuses may be substituted 14,412
for circuit breakers in THE case of lighting circuits and in the 14,413
case of power circuits transmitting twenty-five kilowatts or 14,414
less. All wires shall be insulated with a standard insulation 14,415
and shall be placed between trolley wire and rib or on the rib as 14,416
close to the roof as practicable and securely supported upon 14,417
hangers efficiently insulated. Additional switches shall be 14,418
installed in all branch circuits. All points of connection shall 14,419
be properly protected so that persons cannot inadvertently come 14,420
in contact therewith. No voltage in excess of two hundred sixty 14,421
volts measured at the nearest switchboard shall be used in mobile 14,422
machinery except with the written approval of the chief of the 14,423
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 14,424
(B) When high voltage circuits are used, all wires shall 14,426
be provided with a suitable ammeter and protected by an oil-break 14,427
switch on each wire of the circuit, such switch to be equipped 14,428
with an automatic overload trip. All wires shall be insulated 14,429
with a standard insulation at least fifty per cent higher than 14,430
the standard for the commercial rated voltage between conductors 14,431
and ground and installed in conduit or be lead covered with an 14,432
additional covering of steel armor wire or steel tape, and all 14,433
wire shall be subject to carrying capacity according to the rules 14,434
of the national board of fire underwriters. This cable may be 14,435
installed either in or on the bottom or in the location 14,436
prescribed for direct current feed lines, except no further 14,437
321
insulation shall be required than specified in this section. 14,438
(C) No voltage in excess of eight thousand volts between 14,440
conductor and ground may be used to operate semipermanent and 14,441
permanent machinery except with the written approval of the 14,442
chief. All installations shall be made in accordance with the 14,444
accepted electrical standards and practices, especially with 14,445
regard to protective switches, insulation materials, clearance 14,446
danger signs, and gates. The location, ventilation, and 14,447
protection against fire hazard and personal injury shall be 14,448
subject to the approval of the chief.
(D) The division of mines and reclamation MINERAL 14,450
RESOURCES MANAGEMENT shall accept standard electrical practices 14,452
in regard to the underground electrical installations and 14,453
operation of alternating current equipment, but may augment the 14,454
same to provide additional safeguards. When exercising this
authority, the division shall give due consideration to the 14,455
safety experience in regard to similar installations and the 14,456
similar operation thereof under similar conditions. 14,457
(E) The mine foreman FOREPERSON shall have posted at the 14,459
mine opening, and in all permanent substations therein, a copy of 14,460
instructions as to the method of resuscitation of persons 14,461
suffering from electric shock. All persons working about such 14,462
stations, or with electric machines, shall familiarize themselves 14,463
with such rules. 14,464
No operator of a mine shall refuse or neglect to comply 14,466
with this section. 14,467
Sec. 1567.19. At all stripping mines where alternating 14,477
current is used to operate shovels or to convert alternating 14,478
current to direct current, and where the machines used for this 14,479
purpose are installed on the shovel or building attached thereto, 14,480
or where armored cables are used to conduct the current from the 14,481
main transmission line to said THE shovel, all machines and
armored cables so installed or used must SHALL be grounded in a 14,483
manner approved by the chief of the division of mines and 14,485
322
reclamation MINERAL RESOURCES MANAGEMENT.
No owner, lessee, agent, or operator of a mine shall 14,487
violate this section.
Sec. 1567.23. No employee, workman WORKER, or miner shall 14,496
have in his THE EMPLOYEE'S, WORKER'S, OR MINER'S possession 14,498
inside of an underground mine more than one twenty-five pound keg 14,500
or box of blasting powder or other explosives. Every person who 14,501
has powder or other explosives in an underground mine shall keep 14,502
the same in a wooden box suitable to contain the original 14,503
container of such explosive. Such box shall be kept at all times 14,504
at least twenty-five feet from the track and electric wire, no 14,505
two of such boxes shall be kept within twenty-five feet of each 14,506
other, nor shall blasting powder and high explosives be kept in 14,507
the same box, and in no case shall detonating caps be kept in a 14,508
box with blasting powder or high explosives. 14,509
Where systems of mining are such that it is impracticable 14,511
to comply with the provisions of the first paragraph of this 14,512
section, such provisions THOSE REQUIREMENTS may be modified in 14,513
writing by the chief of the division of mines and reclamation 14,515
MINERAL RESOURCES MANAGEMENT, upon the request of the owner, 14,517
lessee, or agent of such mine. No operator shall maintain or 14,518
have a magazine for the storage of blasting powder or high 14,519
explosives, including detonating caps, in the underground 14,520
workings of any mine, except with the written permission of the 14,521
chief.
No employee or operator of a mine shall refuse or neglect 14,523
to comply with this section. 14,524
Sec. 1567.34. The owner, lessee, or agent of any mine 14,533
shall not order or permit solid shooting in a mine unless he THE 14,534
OWNER, LESSEE, OR AGENT has obtained written permission to do so 14,536
from the chief of the division of mines and reclamation MINERAL 14,537
RESOURCES MANAGEMENT, who may issue such permit when in his THE 14,539
CHIEF'S judgment such solid shooting is necessary for the just 14,540
and reasonably profitable operation of such mine. 14,541
323
No owner, lessee, agent, or operator of a mine shall 14,543
violate this section.
Sec. 1567.35. No gasoline, naphtha, kerosene, fuel oil, or 14,552
gas engine shall be used in a mine, except for operating pumping 14,553
machinery where electric, compressed air, or steam power is not 14,554
available or cannot be transmitted to the pump, in which case the 14,555
owner, lessee, or agent shall observe the following: 14,556
(A) Notice shall be given to the chief of the division of 14,558
mines and reclamation MINERAL RESOURCES MANAGEMENT, before 14,559
installing, and the installation and operation shall be subject 14,561
to the chief's approval. 14,562
(B) No wood or inflammable material shall be permitted 14,564
within twenty-five feet of the engine. 14,565
(C) The supply tank from which the gasoline, naphtha, 14,567
kerosene, or fuel oil is fed to the engine, shall be of metal, 14,568
with a suitable screw cap opening, fitted with a gasket, so as to 14,569
make the tank airtight and prevent the escape of gas into the 14,570
atmosphere, and the tank kept free from leaks.
(D) The gasoline, naphtha, kerosene, or fuel oil shall be 14,572
fed from a tank to the carburetor or mixer by metal tubes 14,573
securely connected so as to reduce the possibility of leaks to a 14,574
minimum.
(E) The exhaust from the engine shall be conducted by 14,576
means of metal pipes into the return air current, so that the 14,577
combustion fumes will not enter the workings of the mine where 14,578
the men WORKER'S are required to work, or be conducted in an 14,579
upcast shaft or slope not used as a means of ingress or egress or 14,580
through metal pipes to the surface. 14,581
(F) At no time shall more than five gallons of such 14,583
gasoline, naphtha, kerosene, or fuel oil be taken into the mine, 14,584
including that in the supply tank. 14,585
(G) No gasoline, naphtha, kerosene, or fuel oil shall be 14,587
taken into the mine except in metallic cans, with a screw cap 14,588
opening at the top, fitted with a suitable gasket. 14,589
324
(H) No package, can, or supply tank of an engine, 14,591
containing gasoline, naphtha, kerosene, or fuel oil, shall be 14,592
opened until ready to make the transfer from the package or can 14,593
to the supply tank, and in transferring, a funnel shall be used 14,594
so as to avoid spilling the gasoline, naphtha, kerosene, or fuel 14,595
oil, and the cap on the supply tank shall be immediately closed.
(I) In no case shall the package, can, or supply tank be 14,597
opened when an open light or other thing containing fire is 14,598
within twenty-five feet of the same, provided that subject to the 14,599
approval of the chief, the restrictions in the use of fuel oil in 14,600
a mine shall not apply to mobile or portable machinery, if such 14,601
mobile or portable machinery is used in a clay, limestone, shale,
or any other mine not a coal mine. 14,602
No owner, lessee, agent, or operator of a mine shall 14,604
violate this section.
Sec. 1567.39. The operator of an underground coal mine, at 14,613
which locomotives are used for hauling coal, shall keep a light 14,614
on the front end of the locomotive when it is in use. When the 14,615
locomotive is run ahead of the trip, and the trip rider is not 14,616
required to ride the rear car of the trip, a signal, light, or 14,617
marker, approved by the deputy mine inspector, shall be carried 14,618
on the rear end of the trip to indicate when the trip has passed. 14,619
Cars shall not be pushed ahead of the locomotive where it can be 14,620
avoided. When cars are run ahead of the locomotive, a light 14,621
shall be carried on the front end of the trip, and the cars shall 14,622
not be moved at a speed greater than four miles per hour. When 14,623
rope haulage is used, an enclosed light shall be carried on the 14,624
front end of each train so hauled. 14,625
A trip light, reflectors, or other devices approved by the 14,627
chief of the division of mines and reclamation MINERAL RESOURCES 14,628
MANAGEMENT shall be used on the rear of trips pulled and on the 14,631
front of trips pushed or lowered in slopes. However, trip lights 14,632
or other approved devices need not be used on cars being shifted 14,633
to and from loading machines, on cars being handled at loading 14,634
325
heads, during gathering operations at working faces, when 14,635
trailing locomotives are used, or on trips pulled by animals. 14,636
Cars on main haulage roads shall not be pushed, except where 14,637
necessary to push cars from side tracks located near the working 14,638
section to the producing entries and rooms, where necessary to 14,639
clear switches and sidetracks, and on the approach to cages, 14,640
slopes, and surface inclines. Warning lights or reflective signs 14,641
or tapes shall be installed along haulage roads at locations of 14,642
abrupt or sudden changes in the overhead clearance. 14,643
No person, other than the motorman LOCOMOTIVE OPERATOR and 14,645
brakeman BRAKEPERSON, shall ride on a locomotive unless 14,647
authorized by the mine foreman FOREPERSON, and then only when 14,648
safe riding facilities are provided.
Positive-acting stopblocks or derails shall be used where 14,650
necessary to protect persons from danger of runaway haulage 14,651
equipment. The operator of all self-propelled equipment 14,652
including off-track equipment shall give an audible warning 14,653
wherever persons may be endangered by the movement of the 14,654
equipment. Locomotives and personnel carriers shall not approach 14,655
within three hundred feet of preceding haulage equipment, except 14,656
trailing locomotives that are an integral part of the trip. A 14,657
total of at least thirty-six inches of unobstructed side 14,658
clearance (both sides combined) shall be provided for all 14,659
rubber-tired haulage equipment where such equipment is used. 14,660
Off-track haulage roadways shall be maintained as free as 14,661
practicable from bottom irregularities, debris, and wet or muddy 14,662
conditions that affect the control of the equipment. Operators 14,663
of self-propelled equipment shall face in the direction of 14,664
travel. Mechanical steering and control devices shall be 14,665
maintained so as to provide positive control at all times. All 14,666
self-propelled, rubber-tired haulage equipment shall be equipped 14,667
with well maintained brakes, lights, and a warning device. On 14,668
and after January 1, 1977, all tram control switches on 14,669
rubber-tired equipment shall be designed to provide automatic 14,670
326
return to the stop or off position when released. 14,671
No operator of a mine shall refuse or neglect to comply 14,673
with this section. 14,674
Sec. 1567.45. (A) When more than the lawful number of 14,683
persons get on a cage or elevator to be lowered into a mine, or 14,684
to be hoisted out of a mine, the person in charge of the lowering 14,685
or hoisting of such persons shall order a sufficient number to 14,686
get off such cage or elevator to comply with section 1567.49 of 14,687
the Revised Code, and shall not lower or raise the cage until 14,688
such order is complied with.
(B) Every hoist used to transport persons at a coal mine 14,690
shall be equipped with overspeed, overwind, and automatic stop 14,691
controls. Every hoist-handling platform, cage, or other device 14,692
used to transport persons shall be equipped with brakes capable 14,693
of stopping the fully loaded platform, cage, or other device; 14,694
with hoisting cable adequately strong to sustain the fully loaded
platform, cage, or other device; and have a proper margin of 14,695
safety. Cages, platforms, or other devices which THAT are used 14,696
to transport persons in shafts and slopes shall be equipped with 14,698
safety catches or other no less effective devices approved by the 14,699
chief of the division of mines and reclamation MINERAL RESOURCES 14,700
MANAGEMENT that act quickly and effectively in an emergency, and 14,702
such catches shall be tested at least once every two months. 14,703
Hoisting equipment, including automatic elevators, that is used 14,704
to transport persons shall be examined daily. Where persons are
transported into or out of a coal mine by hoists, a qualified 14,705
hoisting engineer shall be on duty while any person is 14,706
underground, except that no such engineer is necessary for 14,707
automatically operated cages, platforms, or elevators. Brakes on 14,708
hoists used to transport persons shall be capable of stopping and 14,709
holding the fully loaded platform, cage, or other device at any
point in the shaft, slope, or incline. 14,710
(C) All hoisting equipment at a mine, including automatic 14,712
elevators, safety catches, and other devices approved by the 14,713
327
chief, shall be examined daily, and the examination shall 14,714
include, but not be limited to, the following: 14,715
(1) A visual examination of the rope for wear, broken 14,717
wires, and corrosion, especially at excessive strain points, such 14,718
as near the attachments, where the rope rests on the sheaves and 14,719
where the rope leaves the drum at both ends;
(2) An examination of the rope fastenings for defects; 14,721
(3) An examination of safety catches; 14,723
(4) An examination of the cage, platforms, elevators, or 14,725
other devices for loose, missing, or defective parts; 14,726
(5) An examination of the head sheaves to check for broken 14,728
flanges, defective bearings, rope alignment, and proper 14,729
lubrication;
(6) An observation of the lining and all other equipment 14,731
and appurtenances installed in the shaft. 14,732
A log or record of each daily examination of hoisting 14,734
equipment shall be kept, listing each item examined. Each daily 14,735
entry shall be signed by the person or persons making the 14,736
examination. The reports of the examinations shall be read and 14,737
countersigned by a responsible company official daily.
(D) Hoists shall have rated capacities consistent with the 14,739
loads handled and the recommended safety factors of the ropes 14,740
used. An accurate and reliable indicator of the position of the 14,741
cage, platform, skip, bucket, or cars shall be provided, and 14,742
shall be placed so that it is in clear view of the hoisting
engineer and shall be checked daily to determine its accuracy. 14,743
The American national standards institute "specifications for the 14,744
use of wire ropes for mines," M11.1-1960, or the latest revision 14,745
thereof, shall be used as a guide in the use, selection, 14,746
installation, and maintenance of wire ropes used for hoisting. 14,747
Alterations or changes in a hoist which THAT affect the rated 14,748
capacity shall be made only with the approval of the chief.
(E) There shall be at least two effective methods approved 14,750
by the chief of signaling between each of the shaft stations and 14,751
328
the hoist room, one of which shall be a telephone or speaking 14,752
tube. One of the methods used to communicate between shaft 14,753
stations and the hoist room shall give signals which THAT can be 14,754
heard by the hoisting engineer at all times while men WORKERS are 14,755
underground. Signaling systems used for communication between 14,756
shaft stations and the hoist room shall be tested daily. Other 14,757
safeguards adequate, in the judgment of the chief or a deputy 14,758
mine inspector, to minimize hazards with respect to
transportation of men WORKERS and materials shall be provided. 14,759
Divisions (E)(1), (2), and (3) of this section set forth the 14,761
criteria by which the chief or a deputy mine inspector shall be 14,762
guided in requiring other safeguards on a mine-by-mine basis. 14,763
The chief or deputy mine inspector shall notify the operator in 14,764
writing of any additional specific safeguard he THE CHIEF OR 14,765
DEPUTY MINE INSPECTOR requires and shall fix a time in which the
operator shall comply. If the safeguard is not provided within 14,767
the time fixed and if it is not maintained thereafter, a notice 14,768
of violation shall be issued to the operator.
(1) Hoists and elevators used to transport materials shall 14,770
be equipped with brakes capable of stopping and holding the fully 14,771
loaded platform, cage, skip, car, or other device at any point in 14,772
the shaft, slope, or incline.
(2) The clutch of a free-drum on a manhoist WORKER HOIST 14,774
shall be provided with a locking mechanism or interlocked with 14,776
the brake to prevent the accidental withdrawal of the clutch. 14,777
The hoist rope attached to a cage, man WORKER car, or trip shall 14,778
be equipped with two bridle chains or cables connected securely 14,779
to the rope at least three feet above the attaching device and to 14,780
the cross-piece of the cage, man WORKER car, or trip. The hoist 14,782
rope shall have at least three full turns on the drum when 14,784
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 14,785
in the case of a free drum, and be fastened securely. Cages used 14,786
for hoisting men WORKERS shall be constructed with the sides 14,788
329
enclosed to a height of at least six feet and shall have gates, 14,790
safety chains, or bars across the ends of the cage when men 14,791
WORKERS are being hoisted or lowered. Self-dumping cages,
platforms, or other devices used for transportation of men 14,793
WORKERS shall have a locking device to prevent tilting when men 14,795
WORKERS are transported thereon. An attendant shall be on duty 14,796
at the surface when men WORKERS are being hoisted or lowered at 14,797
the beginning and end of each operating shift. Precautions shall 14,800
be taken to protect persons working in shaft sumps. Workmen 14,801
WORKERS shall wear safety belts while doing work in or over 14,802
shafts. 14,803
(3) The doors of automatic elevators shall be equipped 14,805
with interlocking switches so arranged that the elevator car will 14,806
be immovable while any door is opened or unlocked, and arranged 14,808
so that such door or doors cannot be inadvertently opened when 14,809
the elevator car is not at a landing. A "stop" switch shall be 14,810
provided in the automatic elevator compartment that will permit 14,811
the elevator to be stopped at any location in the shaft. A slack
cable device shall be used where appropriate on automatic 14,812
elevators which THAT will automatically shut off the power and 14,814
apply the brakes in the event the elevator is obstructed while 14,815
descending. Each automatic elevator shall be provided with a 14,816
telephone or other effective communication system by which aid or 14,817
assistance can be obtained promptly.
No person shall refuse or neglect to comply with this 14,819
section.
Sec. 1567.52. The management of any mine may, with the 14,829
consent of the deputy mine inspector, add to the code of signals 14,830
to increase its efficiency, or to promote the safety of the men 14,831
WORKERS in such mine, but whatever code is established and in use 14,833
at any mine must SHALL be approved by the division of mines and 14,834
reclamation MINERAL RESOURCES MANAGEMENT, and conspicuously 14,836
posted at the top, at the bottom, and in the engine room, for the 14,837
information and instruction of all persons concerned.
330
No operator of a mine shall refuse or neglect to comply 14,839
with this section.
Sec. 1567.54. At each mine at which the only means of 14,848
egress is by vertical shaft, the operator shall provide adequate 14,849
fire protection to secure the safety of such shaft, and, when but 14,850
one shaft is the only available means of egress, shall keep in 14,851
attendance a competent person when persons are inside of such 14,852
mine. 14,853
Each underground coal mine shall be provided with suitable 14,855
firefighting equipment adapted for the size and conditions of the 14,857
mine. The chief of the division of mines and reclamation MINERAL 14,858
RESOURCES MANAGEMENT shall adopt and may amend or rescind rules 14,859
establishing minimum requirements for the type, quality, and 14,860
quantity of such equipment. The rules shall include the 14,861
following minimum firefighting equipment at each underground coal 14,862
mine, regardless of its size or condition, except where 14,863
indicated: waterlines shall be capable of delivering fifty 14,864
gallons of water a minute at a nozzle pressure of fifty pounds 14,865
per square inch. A portable water car shall be of at least one 14,866
thousand gallon capacity and shall have at least three hundred
feet of fire hose with nozzles. A portable water car shall be 14,867
capable of providing a flow through the hose of fifty gallons of 14,869
water per minute at a nozzle pressure of fifty pounds per square 14,870
inch. A portable chemical car shall carry enough chemicals to 14,871
provide a fire extinguishing capacity equivalent to that of a 14,872
portable water car. A portable foam-generating machine or device 14,874
shall have facilities and equipment for supplying the machine 14,875
with thirty gallons of water per minute at thirty pounds per 14,876
square inch for a period of thirty-five minutes. A portable fire 14,877
extinguisher shall be either a multipurpose dry chemical type 14,878
containing a nominal weight of five pounds of dry powder and 14,879
enough expellant to apply the powder or a foam-producing type 14,880
containing at least two and one-half gallons of foam-producing 14,881
liquids and enough expellant to supply the foam. Only fire 14,882
331
extinguishers approved by the Underwriters Laboratories 14,883
UNDERWRITERS LABORATORIES, Incorporated INCORPORATED, or Factory 14,884
Mutual Research Corporation FACTORY MUTUAL RESEARCH CORPORATION, 14,885
carrying appropriate labels as to type and purpose, shall be 14,887
used. After January 1, 1977, all new portable fire extinguishers 14,888
acquired for use in a coal mine shall have a 2A 10 BC or higher 14,889
rating.
Fire hose shall be lined with a materiel MATERIAL having 14,891
flame resistant qualities meeting requirements for hose in Bureau 14,893
of Mines' Schedule 2G. The cover shall be polyester, or other 14,894
material with flame-spread qualities and mildew resistance equal 14,895
or superior to polyester. The bursting pressure shall be at 14,896
least four times the water pressure at the valve to the hose 14,897
inlet with the valve closed; the maximum water pressure in the 14,898
hose nozzle shall not exceed one hundred pounds per square inch, 14,899
gauge. However, fire hose installed for use in underground coal 14,900
mines prior to December 30, 1970, shall be mildew-proof and have 14,901
a bursting pressure at least four times the water pressure at the 14,903
valve to the hose inlet with the valve closed, and the maximum 14,904
water pressure in the hose nozzle with water flowing shall not 14,905
exceed one hundred pounds per square inch, gauge.
Each working section of an underground coal mine producing 14,907
three hundred tons or more per shift shall be provided with two 14,908
portable fire extinguishers and two hundred forty pounds of rock 14,909
dust in bags or other suitable containers; waterlines shall 14,910
extend to each section loading point and be equipped with enough 14,911
fire hose to reach each working face unless the section loading 14,912
point is provided with two portable water cars, or two portable 14,913
chemical cars, or one portable water or chemical car and either a 14,915
portable foam-generating machine or a portable high-pressure
rock-dusting machine fitted with at least two hundred fifty feet 14,916
of hose and supplied with at least sixty sacks of rock dust. 14,917
Each working section of an underground coal mine producing 14,919
less than three hundred tons of coal per shift shall be provided 14,920
332
with two portable fire extinguishers, one hundred forty pounds of 14,921
rock dust in bags or other suitable containers, and at least five 14,923
hundred gallons of water and at least three pails of ten quart 14,924
capacity. In lieu of the five hundred gallon water supply a 14,925
water-line WATERLINE of sufficient hose to reach the working
places, a portable water car of at least five hundred gallon 14,926
capacity, or a portable, all-purpose dry powder chemical car of 14,927
at least one hundred twenty-five pounds capacity may be provided. 14,928
In all underground coal mines, waterlines shall be 14,930
installed parallel to the entire length of belt conveyors and 14,931
shall be equipped with fire hose outlets with valves at three 14,932
hundred foot intervals along each belt conveyor and at 14,933
tailpieces. At least five hundred feet of fire hose with 14,934
fittings suitable for connection with each belt conveyor 14,935
waterline system shall be stored at strategic locations along the 14,936
belt conveyor. Waterlines may be installed in entries adjacent 14,937
to the conveyor entry belt as long as the outlets project into 14,939
the belt conveyor entry. 14,940
In underground coal mines producing three hundred tons of 14,942
coal or more per shift, waterlines shall be installed parallel to 14,943
all haulage tracks using mechanized equipment in the track or 14,944
adjacent entry and shall extend to the loading point of each 14,945
working section. Waterlines shall be equipped with outlet valves 14,947
at intervals of not more than five hundred feet, and five hundred 14,948
feet of fire hose with fittings suitable for connection with such 14,949
waterlines shall be provided at strategic locations. Two 14,950
portable water cars, readily available may be used in lieu of 14,951
waterlines prescribed under this paragraph.
In underground coal mines producing less than three hundred 14,953
tons of coal per shift, a tank of water of at least fifty-five 14,954
gallon capacity with at least three pails of not less than 14,955
ten-quart capacity, or not less than two hundred forty pounds of 14,956
bagged rock dust shall be provided at five hundred foot intervals 14,957
along all main and secondary haulage roads. 14,958
333
Each track or offtrack locomotive, self-propelled mantrip 14,960
car, or personnel carrier shall be equipped with one portable 14,961
fire extinguisher. 14,962
Two portable fire extinguishers or one extinguisher having 14,964
at least ten pounds of dry powder or five gallons of 14,965
foam-producing liquids shall be provided at each permanent 14,966
electrical installation. One portable fire extinguisher and two 14,967
hundred forty pounds of rock dust shall be provided at each 14,968
temporary electrical installation. 14,969
One portable fire extinguisher or two hundred forty pounds 14,971
of rock dust shall be provided at locations where welding, 14,972
cutting, or soldering with arc or flame is being done. 14,973
At each wooden door through which power lines pass there 14,975
shall be one portable fire extinguisher or two hundred forty 14,976
pounds of rock dust within twenty-five feet of the door on the 14,977
intake air side. 14,978
At each underground coal mine producing three hundred tons 14,980
of coal or more per shift there shall be readily available the 14,981
following materials at locations not exceeding two miles from 14,982
each working section: one thousand board feet of brattice 14,983
boards, two rolls of brattice cloth, two hand saws, twenty-five 14,984
pounds of eightpenny nails, twenty-five pounds of ten penny 14,986
TENPENNY nails, twenty-five pounds of sixteenpenny nails, three 14,988
claw hammers, twenty-five bags of wood fiber plaster or ten bags 14,989
of cement or equivalent material for stoppings, and five tons of 14,990
rock dust. These materials shall be available at each mine 14,991
producing less than three hundred tons of coal per shift, except 14,992
that if the active working sections are located at a distance of 14,993
two miles or less from the surface, the emergency materials for 14,994
one or more mines may be stored at a central warehouse or 14,995
building supply company, and such supply must SHALL be the 14,996
equivalent of that required for all mines involved and within one 14,997
hour's delivery time from each mine.
All fire fighting equipment shall be maintained in a usable 14,999
334
and operative condition. Chemical extinguishers shall be 15,000
examined every six months and the date of the examination shall 15,001
be written on a permanent tag attached to the extinguisher. 15,002
The operator shall give each miner a self-rescue device 15,004
that is adequate to protect the miner for one hour or longer and 15,005
is approved by the chief. Such self-rescue devices shall be worn 15,006
or carried on the person of each miner. However, where the 15,007
wearing or carrying of self-rescue devices is hazardous to a 15,008
miner, such devices shall be located at a distance no greater 15,009
than twenty-five feet from the miner. Where a miner works on or 15,010
around mobile equipment, self-rescue devices, if not carried by 15,011
the miner, shall be placed in a readily accessible location on 15,012
such equipment. 15,013
No operator of a mine shall refuse or neglect to comply 15,015
with this section.
Sec. 1567.55. The operator of any coal mine or the owner 15,024
of land bearing natural coal deposits immediately upon learning 15,025
of a fire in any coal seam upon his THE OPERATOR'S OR OWNER'S 15,026
property shall report the fire to the chief of the division of 15,028
mines and reclamation MINERAL RESOURCES MANAGEMENT. 15,029
When a coal seam fire is reported to said THE chief he, THE 15,032
CHIEF shall immediately investigate such fire. In the event of a 15,033
fire in any outcrop of a coal seam or in an abandoned mine, the 15,034
chief shall extinguish such fire, and he THE CHIEF may employ 15,035
such persons and purchase such materials as are necessary to 15,037
extinguish such fire. Persons so employed shall serve at the 15,038
pleasure of the chief and their employment shall not be governed 15,039
by civil service laws, rules, or regulations. Materials 15,040
purchased for immediate use in extinguishing a fire shall be 15,041
emergency purchases and shall be paid for out of state funds 15,042
appropriated for such purpose upon vouchers issued by said THE 15,043
chief certifying to the emergency nature of the purchase, 15,044
notwithstanding the fact that there has been no compliance with 15,045
other laws governing the making of purchases by the state. 15,046
335
Whenever, after August 26, 1949, the surface of a natural 15,048
deposit of coal is exposed by mining operations, the chief may 15,049
order the owner, lessee, or agent of the mine at which such 15,050
exposure occurs to cover such exposed surface with earth or other 15,051
noncombustible material if, in the judgment of the chief, such 15,052
covering is necessary to prevent a fire in said THE coal which 15,054
THAT would endanger life or property. Such order shall be in 15,055
writing and shall fix a reasonable time for compliance therewith. 15,056
No operator of a mine shall refuse or neglect to comply with such 15,057
order for a period of fifteen days after the expiration of the 15,058
time fixed in such order for compliance therewith. Each period 15,059
of fifteen days after the expiration of the time fixed in such 15,060
order for compliance therewith, during which any such operator 15,061
refuses or neglects to comply with such order, constitutes a 15,062
separate offense. 15,063
Sec. 1567.57. Every operator of a mine shall install and 15,072
maintain in efficient working condition a system of two-way 15,073
communications approved by the chief of the division of mines and 15,074
reclamation MINERAL RESOURCES MANAGEMENT connecting the surface 15,075
and each landing of main shafts and slopes between the surface 15,076
and each working section of any coal mine that is more than one 15,077
hundred feet from a portal.
No operator of a mine shall refuse or neglect to comply 15,079
with this section.
Sec. 1567.61. As used in this section, "emergency medical 15,089
service organization" has the same meaning as in section 4765.01 15,090
of the Revised Code. 15,091
The operator at all mines and quarries shall keep first aid 15,093
and emergency medical equipment in a dry and sanitary condition 15,094
in accessible places. 15,095
Each operator shall report to the chief of the division of 15,098
mines and reclamation MINERAL RESOURCES MANAGEMENT, the name, 15,099
title, and address of each emergency medical service organization 15,100
with which arrangements have been made or otherwise provided. 15,101
336
Each operator shall, within ten days after any change of the 15,102
arrangements, report such changes to the chief. If such changes 15,103
involve a substitution of persons, the operator shall report the 15,104
name, title, and address of the person substituted together with 15,105
the name and address of the emergency medical service 15,106
organization with which such person is associated. Each operator 15,107
shall, immediately after making such an arrangement or any change 15,108
of such arrangement, post at appropriate places at the mine the 15,109
names, titles, addresses, and telephone numbers of all persons or 15,110
organizations currently available under such arrangements to 15,111
provide medical assistance and transportation at the mine. The 15,112
operator of an underground mine shall provide a vehicular mode of 15,113
transportation that is equipped to handle stretchers to transport 15,114
injured miners underground in a manner that minimizes shock. 15,115
Such vehicle shall be accessible within the lesser of thirty 15,116
minutes or the time needed to render first aid and medical 15,117
attention, secure the injured person to a stretcher or 15,118
broken-back board or other device, and transport the injured 15,119
person to the vehicle.
No operator of a mine shall refuse or neglect to comply 15,121
with this section. 15,122
Sec. 1567.69. (A) On and after the effective date of this 15,131
section JULY 20, 1984, no operator shall begin longwall mining in 15,133
any coal mine until plans for the longwall mining have been filed 15,134
with and approved by the chief of the division of mines and 15,135
reclamation MINERAL RESOURCES MANAGEMENT. All revisions to 15,136
approved plans shall also be submitted for approval to the chief. 15,137
The chief shall not approve any plan or revision unless it meets 15,138
the requirements of this section and shall approve all plans and 15,139
revisions that meet those requirements. 15,140
Approval of a plan or revision, or portion thereof, under 15,142
comparable provisions of the "Federal Coal Mine Safety and Health 15,143
Act of 1969," 83 Stat. 742, 30 U.S.C.A. 801, as amended or 15,144
reenacted, or regulations promulgated ADOPTED thereunder, shall 15,145
337
be a sufficient basis for approval of the plan or revision, or 15,146
portion thereof, by the chief unless the chief makes a specific 15,147
written explanation and findings as to why the federally approved 15,148
plan, revision, or portion thereof does not meet the requirements 15,149
of the mining laws of this state and as to why a variance from 15,150
the federally approved plan is reasonably necessary to meet the 15,151
requirements of this state's mining laws. 15,152
The chief shall make a final decision on a plan or 15,154
revision, including review of any additional information he THE 15,155
CHIEF requests, no later than fourteen days after the operator's 15,157
initial submission of the plan or revision. Approval of 15,158
completed plans or revisions shall not be unreasonably withheld. 15,159
(B) Longwall mining plans submitted to the chief for 15,161
approval shall include all of the following: 15,162
(1) Company name; 15,164
(2) Mine name; 15,166
(3) Mine location; 15,168
(4) Mine address; 15,170
(5) Mine telephone number; 15,172
(6) Name, title, and telephone number of the person 15,174
submitting the plan; 15,175
(7) Mine identification number; 15,177
(8) Longwall mining roof control plan, which shall include 15,179
a plan indicating the roof support to be used and the working 15,180
procedures to be followed when a cavity is encountered over 15,181
chocks or shields; 15,182
(9) Ventilation plan, which shall include the complete 15,184
section and face ventilation controls and bleeder systems; 15,185
(10) Methane and dust control plan; 15,187
(11) Any other information required by the chief. 15,189
(C) After the chief has approved plans submitted under 15,191
this section, an operator shall not be required to obtain 15,192
additional approvals for new longwall working sections if plans 15,193
initially approved or revised are complied with. 15,194
338
(D) In coal mines where longwall working section 15,196
operations are in progress prior to the effective date of this 15,197
section JULY 20, 1984, no operator shall begin new longwall 15,199
working sections until required plans for longwall mining have 15,200
been filed with and approved by the chief. 15,201
Sec. 1567.70. An operator conducting longwall mining shall 15,211
develop a plan for recovery of chocks and shields or other 15,212
longwall roof support and shall not initiate recovery until the 15,213
recovery plan is approved by the chief of the division of mines 15,215
and reclamation MINERAL RESOURCES MANAGEMENT. An operator shall 15,216
also submit all revisions of an approved recovery plan for 15,217
approval to the chief.
Approval of a plan or revision, or portion thereof, under 15,219
comparable provisions of the "Federal Coal Mine Safety and Health 15,220
Act of 1969," 83 Stat. 742, 30 U.S.C.A. 801, as amended or 15,221
reenacted, or regulations promulgated ADOPTED thereunder, shall 15,222
be a sufficient basis for approval of the plan or revision, or 15,224
portion thereof, by the chief unless the chief makes a specific 15,225
written explanation and findings as to why the federally approved 15,226
plan or revision, or portion thereof, does not meet the 15,227
requirements of the mining laws of this state and as to why a 15,228
variance from the federally approved plan, revision, or portion 15,229
thereof is reasonably necessary to meet the requirements of this 15,230
state's mining laws. 15,231
The chief shall make a final decision on a plan or 15,233
revision, including review of any additional information he THAT 15,234
THE CHIEF requests, no later than fourteen days after the 15,235
operator's initial submission of the plan or revision. The chief 15,236
shall not unreasonably withhold approvals of completed plans or 15,237
revisions.
Sec. 1567.71. (A) An operator conducting longwall mining 15,246
shall provide two-way communication facilities, approved by the 15,247
chief of the division of mines and reclamation MINERAL RESOURCES 15,248
MANAGEMENT, at the headgate and tailgate and across each longwall 15,251
339
working face that, during the production of coal, are a separate 15,252
system from the mine communication facilities. Longwall working 15,253
section communication facilities shall be located at points not 15,254
more than one hundred feet apart across the longwall working 15,255
face.
(B) An operator conducting longwall mining shall also 15,257
provide two-way communication facilities on each longwall working 15,258
section. During production of coal, a designated person shall, 15,259
as part of that person's other assigned duties, be available with 15,260
the longwall working section communication and longwall working 15,261
face communication facilities. 15,262
Sec. 1567.73. (A) The chief of the division of mines and 15,272
reclamation MINERAL RESOURCES MANAGEMENT or his THE CHIEF'S 15,273
representative shall require installation on a longwall working 15,275
section of a federally approved methane monitor capable of giving 15,276
warning automatically when the concentration of methane reaches a 15,277
maximum percentage of not more than 1.0 volume per cent of 15,278
methane. The sensoring unit indicating the atmospheric
conditions on the methane monitor shall be installed at a 15,279
location specified in the approved plan or revision required by 15,280
section 1567.69 of the Revised Code. 15,281
The operator shall ensure that the methane monitor is kept 15,283
operative and properly maintained and tested weekly for 15,284
functioning. 15,285
The operator of any mine in which longwall mining is 15,287
performed shall establish and adopt a definite maintenance 15,288
program designed to keep methane monitors operative, and a 15,289
written description of the program shall be available for 15,290
inspection by the division of mines and reclamation MINERAL 15,291
RESOURCES MANAGEMENT. At least once each month, the operator 15,293
shall have the methane monitor checked for operating accuracy 15,294
with a known methane air mixture and shall have the monitor 15,295
calibrated as necessary. The operator shall keep a record of 15,296
calibration tests in a book on the surface, which may be the same 15,297
340
book used to comply with requirements established under 15,298
regulations of the mine safety and health administration in the 15,299
United Sates STATES department of labor.
If the methane monitor on a longwall working section 15,301
malfunctions, the operator shall have the monitor repaired within 15,302
twelve hours. During the period of time the methane monitor is 15,303
inoperative, the operator shall not permit electric equipment to 15,304
be operated for longer than ten minutes without an examination 15,305
for methane gas, shall require that the examinations required in 15,306
division (B) of this section be conducted on one-hour intervals, 15,307
and shall require an air reading on the intake side of the 15,308
longwall working face to be collected on one-hour intervals. 15,309
If parts are unavailable to correct the malfunction of the 15,311
methane monitor or the malfunction cannot be repaired within 15,312
twelve hours, the operator shall immediately notify the division 15,314
of mines and reclamation, which shall evaluate the circumstances 15,315
and may allow continued operation under the procedures of the 15,316
preceding paragraph if the operator is proceeding with good faith 15,317
efforts to correct the malfunction. 15,318
If a malfunction of the methane monitor occurs on a 15,320
longwall working section, the supervisor on duty shall indicate 15,321
in his THE SUPERVISOR'S own shift examination report, in the fire 15,323
boss report books, the date and time the methane monitor 15,324
malfunctioned.
(B) A certified person designated by the mine foreman 15,326
FOREPERSON to supervise a longwall working section shall examine 15,328
the longwall working face for hazards as a part of the pre-shift 15,329
and on-shift examinations for each coal producing shift and more 15,330
often if necessary for safety or required by division (A) of this 15,331
section. The examination shall include a test for methane gas 15,332
and oxygen deficiency. The methane and oxygen deficiency 15,333
examinations shall be made at reasonable intervals along the coal 15,334
face between the headgate and tailgate. The person's initials, 15,335
date, and time shall be recorded at the headgate and tailgate. 15,336
341
If one per cent or more of methane gas is detected along the coal 15,337
face, the electrical equipment shall be immediately de-energized 15,338
and the electrical power circuit then disconnected from the power 15,339
supply until a certified person pronounces the place safe. 15,340
Sec. 1567.74. (A) No person shall cross the longwall 15,349
working face conveyor while it is in operation unless a safe 15,350
crossover is provided. 15,351
(B) The operator shall provide telephone pager 15,353
communications or other means of providing an effective warning 15,354
signal in a longwall working section. Prior to starting a 15,355
longwall working face conveyor, the person who is going to 15,356
activate the conveyor shall sound the telephone pager 15,357
communications or other effective warning signal to alert all 15,358
persons across the longwall working face. 15,359
(C) No person shall ride the longwall working face 15,361
conveyor. However, an operator may submit a plan to the chief of 15,362
the division of mines and reclamation MINERAL RESOURCES 15,363
MANAGEMENT, as part of the plan required by section 1567.69 of 15,365
the Revised Code or later, for approval for the removal of
injured persons on the longwall working face conveyor if it is 15,367
necessary to transport injured persons on a stretcher or
backboard. 15,368
(D) On and after the effective date of this section JULY 15,371
20, 1984, an operator shall equip all newly installed face roof 15,372
support units with adjacent unit controls unless the units have a 15,373
wide single canopy over each unit that protects the workman 15,374
WORKERS from falling material when operating unit controls from 15,376
within the support of the shield unit being removed. 15,377
(E) On and after the effective date of this section JULY 15,380
20, 1984, all newly installed face roof support units shall be 15,381
equipped with an outlet to facilitate measurement of the interior 15,382
prop pressure and an outlet to facilitate measurement of the 15,383
yield pressure. Any yield valves of face roof support units that 15,384
do not maintain at least eighty-five per cent of the yield 15,385
342
pressure specified in the approved roof control plan shall be 15,386
promptly repaired or replaced. The valves of face roof support 15,387
units shall be tested at least annually, and a legible record of 15,388
the date of the test, the person performing the test, and the 15,389
valves repaired or replaced shall be kept in an appropriate mine 15,390
record.
Sec. 1567.78. An operator shall maintain an accessible 15,399
travel route at all times off the tailgate end of the longwall 15,400
working face unless the operator develops and the chief of the 15,401
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 15,402
approves a plan to continue operation of the longwall working 15,404
section in the event the tailgate route becomes impassable. Such 15,405
a plan shall include necessary provisions to be taken to provide 15,406
additional protective devices for longwall working section 15,407
personnel.
When the tailgate travel route becomes impassable, the 15,409
operator shall cease the longwall mining operation immediately, 15,410
familiarize all persons working on the longwall working section 15,411
with the procedures to follow for escape from the section, and 15,412
implement immediately the plan approved by the division of mines 15,414
and reclamation MINERAL RESOURCES MANAGEMENT before recommencing 15,415
mining.
The operator shall immediately notify the division when the 15,418
accessible travel route becomes impassable and the approved plan 15,419
has been implemented.
The division's representative shall immediately, upon 15,423
notification, establish a scheduled meeting with the operator and 15,424
representatives of the miners at the mine.
Sec. 1571.01. As used in this chapter, unless other 15,434
meaning is clearly indicated in the context: 15,435
(A) "Gas storage reservoir" or "storage reservoir" or 15,437
"reservoir" means a continuous area of a subterranean porous sand 15,439
or rock stratum or strata, any part of which or of the protective 15,440
area of which, is within a coal bearing township, into which gas 15,441
343
is or may be injected for the purpose of storing it therein and 15,442
removing it therefrom, or for the purpose of testing whether such 15,443
stratum is suitable for such storage purposes. 15,444
(B) "Gas" means any natural, manufactured, or by-product 15,446
gas or any mixture thereof. 15,447
(C) "Reservoir operator" or "operator," when used in 15,449
referring to the operator of a gas storage reservoir, means a 15,450
person who is engaged in the work of preparing to inject, or who 15,451
injects gas into, or who stores gas in, or who removes gas from, 15,452
a gas storage reservoir, and who owns the right to do so. 15,453
(D)(1) "Boundary," when used in referring to the boundary 15,455
of a gas storage reservoir, means the boundary of such reservoir 15,456
as shown on the map or maps thereof on file in the division of 15,458
mines and reclamation MINERAL RESOURCES MANAGEMENT as required by 15,459
this chapter.
(2) "Boundary," when used in referring to the boundary of 15,461
a reservoir protective area, means the boundary of such reservoir 15,462
protective area as shown on the map or maps thereof on file in 15,463
the division as required by this chapter. 15,464
(E) "Reservoir protective area" or "reservoir's protective 15,466
area" means the area of land outside of the boundary of a gas 15,467
storage reservoir shown as such on the map or maps thereof on 15,468
file in the division as required by this chapter. The area of 15,469
land shown on such map or maps as such reservoir protective area 15,470
shall be outside of the boundary of such reservoir, and shall 15,471
encircle such reservoir and touch all parts of the boundary of 15,472
such reservoir, and no part of the outside boundary of such 15,473
protective area shall be less than two thousand nor more than 15,474
five thousand linear feet distant from the boundary of such 15,475
reservoir.
(F) "Coal bearing township" means a township designated as 15,477
a coal bearing township by the chief of the division of mines and 15,478
reclamation MINERAL RESOURCES MANAGEMENT as required by section 15,479
1561.06 of the Revised Code. 15,480
344
(G) "Division of mines and reclamation" or "division," 15,482
when used in referring to the division of mines and reclamation, 15,484
means the division of mines and reclamation of the state of Ohio. 15,486
(H) "Coal mine" means the underground excavations of a 15,488
mine which THAT are being used or are usable or are being 15,489
developed for use in connection with the extraction of coal from 15,490
its natural deposit in the earth. "Underground excavations," 15,491
when used in referring to the underground excavations of a coal 15,492
mine, includes the abandoned underground excavations of such 15,493
mine. It also includes the underground excavations of an 15,494
abandoned coal mine if such abandoned mine is connected with 15,495
underground excavations of a coal mine. "Coal mine" does not 15,496
mean or include: 15,497
(1) A mine in which coal is extracted from its natural 15,499
deposit in the earth by strip or open pit mining methods or by 15,500
other methods by which individuals are not required to go 15,501
underground in connection with the extraction of coal from its 15,502
natural deposit in the earth; 15,503
(2) A mine in which not more than fourteen individuals are 15,505
regularly employed underground. 15,506
(I)(H) "Operator," when used in referring to the operator 15,508
of a coal mine, means a person who engages in the work of 15,510
developing such mine for use in extracting coal from its natural 15,511
deposit in the earth, or who so uses such mine, and who owns the 15,512
right to do so. 15,513
(J)(I) "Boundary," when used in referring to the boundary 15,515
of a coal mine, means the boundary of the underground excavations 15,517
of such mine as shown on the maps of such mine on file in the 15,518
division of mines and reclamation as required by sections 1563.03 15,520
to 1563.05, and section 1571.03 of the Revised Code. 15,521
(K)(J) "Mine protective area" or "mine's protective area" 15,523
means the area of land which THAT the operator of a coal mine 15,524
designates and shows as such on the map or maps of such coal mine 15,525
filed with the division as required by sections 1563.03 to 15,526
345
1563.05, and section 1571.03 of the Revised Code. Such area of 15,529
land shall be outside of the boundary of such coal mine, but some 15,530
part of the boundary of such area of land shall abut upon a part 15,531
of the boundary of such coal mine. Such area of land shall be 15,532
comprised of such tracts of land in which such coal mine operator 15,533
owns the right to extract coal therefrom by underground mining 15,534
methods and in which underground excavations of such coal mine 15,535
are likely to be made within the ensuing year for use in 15,536
connection with the extraction of coal therefrom.
(L)(K) "Pillar" means a solid block of coal or other 15,538
material left unmined to support the overlying strata in a coal 15,540
mine, or to protect a well. 15,541
(M)(L) "Retreat mining" means the removal of pillars and 15,543
ribs and stumps and other coal remaining in a section of a coal 15,545
mine after the development mining has been completed in such 15,546
section.
(N)(M) "Linear feet," when used to indicate distance 15,548
between two points which THAT are not in the same plane, means 15,550
the length in feet of the shortest horizontal line which THAT 15,552
connects two lines projected vertically upward or downward from 15,553
said THE two points. 15,554
(O)(N) "Map" means a graphic representation of the 15,556
location and size of the existing or proposed items it is made to 15,558
represent, accurately drawn according to a given scale. 15,559
(P)(O) "Well" means any hole, drilled or bored, or being 15,561
drilled or bored, into the earth, whether for the purpose of, or 15,563
whether used for: 15,564
(1) Producing or extracting any gas or liquid mineral, or 15,566
natural or artificial brines, or oil field waters; 15,567
(2) Injecting gas into or removing gas from an underground 15,569
gas storage reservoir; 15,570
(3) Introducing water or other liquid pressure into an oil 15,572
bearing sand to recover oil contained in such sand;, provided, 15,574
that "well" does not mean a hole drilled or bored, or being
346
drilled or bored, into the earth, whether for the purpose of, or 15,575
whether used for, producing or extracting potable water to be 15,576
used as such. 15,577
(Q)(P) "Testing" means injecting gas into, or storing gas 15,579
in or removing gas from, a gas storage reservoir for the sole 15,581
purpose of determining whether such reservoir is suitable for use 15,582
as a gas storage reservoir. 15,583
(R)(Q) "Casing" means a string or strings of pipe commonly 15,585
placed in a well. 15,587
(S)(R) "Inactivate" means to shut off temporarily all flow 15,589
of gas from a well at a point below the horizon of the coal mine 15,590
which THAT might be affected by such flow of gas, by means of a 15,592
plug or other suitable device or by injecting water, bentonite, 15,593
or some other equally nonporous material into the well, or any 15,594
other method approved by the oil and gas well MINERAL RESOURCES 15,595
inspector. 15,596
(T)(S) "Gas storage well inspector" means the gas storage 15,598
well inspector in the division. 15,600
(U)(T) The verb "open" or the noun "opening," when used in 15,602
clauses relating to the time when a coal mine operator intends to 15,604
open a new coal mine, or the time when a new coal mine is opened, 15,605
or the time of the opening of a new coal mine, or when used in 15,606
other similar clauses to convey like meanings, means that time 15,607
and condition in the initial development of a new coal mine when 15,608
the second opening required by section 1563.14 of the Revised 15,610
Code is completed in such mine. 15,611
Sec. 1571.02. (A) Any reservoir operator who, on 15,620
September 9, 1957, is injecting gas into, storing gas in, or 15,621
removing gas from a reservoir shall within sixty days after such 15,622
date file with the division of mines and reclamation MINERAL 15,623
RESOURCES MANAGEMENT a map thereof as described in division (C) 15,625
of this section;, provided that, if a reservoir operator is, on 15,626
September 9, 1957, injecting gas into or storing gas in a 15,627
reservoir solely for testing, he THE RESERVOIR OPERATOR shall at 15,628
347
once file such map with the division of mines and reclamation. 15,629
(B) If the injection of gas into or storage of gas in a 15,631
gas storage reservoir is begun after September 9, 1957, the 15,632
operator of such reservoir shall file with the division of mines 15,634
and reclamation and the division of oil and gas of the department 15,635
of natural resources identical maps A MAP thereof as described in 15,636
division (C) of this section, on the same day and not less than 15,638
three months prior to beginning such injection or storage. 15,639
(C) Each map filed with the division of mines and 15,641
reclamation and the division of oil and gas pursuant to this 15,642
section shall be prepared by a registered surveyor, registered 15,643
engineer, or competent geologist. It shall show BOTH OF THE 15,644
FOLLOWING:
(1) The location of the boundary of such reservoir and the 15,646
boundary of such reservoir's protective area, and the known fixed 15,647
monuments, corner stones, or other permanent markers in such 15,648
boundary lines; 15,649
(2) The boundary lines of the counties, townships, and 15,651
sections or lots, which THAT are within the limits of such map, 15,652
and the name of each such county and township and the number of 15,654
each such section or lot clearly indicated thereon. The legend 15,655
of the map shall indicate the stratum or strata in which the gas 15,656
storage reservoir is located. 15,657
The location of the boundary of the gas storage reservoir 15,659
as shown on the map shall be defined by the location of those 15,660
wells around the periphery of such reservoir which THAT had no 15,661
gas production when drilled into the storage stratum of such 15,662
reservoir;, provided that, if the operator of such reservoir, 15,664
upon taking into consideration the number and nature of such 15,665
wells, the geological and production knowledge of the storage 15,666
stratum, its character, permeability, and distribution, and 15,667
operating experience, determines that the location of the 15,668
boundary of such reservoir should be differently defined, he THE 15,669
RESERVOIR OPERATOR may, on such map, show the boundary of such 15,671
348
reservoir to be located at a location different than the location 15,672
defined by the location of those wells around the periphery of 15,673
such reservoir which THAT had no gas production when drilled into 15,674
said THE storage stratum.
Whenever the operator of a gas storage reservoir determines 15,676
that the location of the boundary of such reservoir as shown on 15,677
the most recent maps MAP thereof on file in the division of mines 15,679
and reclamation and the division of oil and gas pursuant to this 15,680
section is incorrect, he THE RESERVOIR OPERATOR shall file with 15,681
each THE division identical AN amended maps MAP showing the 15,683
boundary of such reservoir to be located at the location which he 15,685
THAT THE RESERVOIR OPERATOR then considers to be correct. 15,687
(D) Each operator of a gas storage reservoir who files 15,689
with the division of mines and reclamation and the division of 15,690
oil and gas maps A MAP as required by this section shall, at the 15,691
end of each six-month period following the date of such filing, 15,693
file with each THE division identical AN amended maps MAP showing 15,694
changes, if any, in the boundary line of such reservoir or of 15,696
such reservoir's protective area, which THAT have occurred in the 15,697
six-month period. Nothing in this division shall be construed to 15,698
require such a reservoir operator to file an amended map at the 15,699
end of any such six-month period if no such boundary changes have 15,700
occurred in such period.
An operator of a gas storage reservoir who is required by 15,702
this section to file AN amended maps MAP with the division of 15,704
mines and reclamation and division of oil and gas shall not be 15,705
required to so file such AN amended maps MAP after such time when 15,706
he THE RESERVOIR OPERATOR files with each THE division maps A MAP 15,709
pertaining to such reservoir, as provided in section 1571.04 of 15,710
the Revised Code.
(E) A reservoir operator shall file with the division of 15,712
oil and gas, within sixty days after March 17, 1989, a map 15,714
identical to any map then on file with the division of mines and 15,715
reclamation.
349
(F) The division of oil and gas shall keep all maps filed 15,717
with it pursuant to this section and section 1571.04 of the 15,719
Revised Code in a safe place and shall not allow the maps to be 15,720
open to public inspection or be removed from its office. The 15,721
division shall not furnish copies of the maps to any person and 15,722
shall maintain the confidentiality of the maps, except to the 15,723
extent the chief of the division determines to be reasonably 15,724
necessary to explain denial of a request for expedited review of 15,725
a permit application under section 1509.06 of the Revised Code. 15,726
Sec. 1571.03. (A) Every operator of a coal mine who is 15,736
required by sections 1563.03 to 1563.05 of the Revised Code, to 15,737
file maps of such mine, shall cause to be shown on each of such 15,739
maps, in addition to the boundary lines of each tract under which 15,740
excavations are likely to be made during the ensuing year, as 15,741
referred to in section 1563.03 of the Revised Code: 15,743
(1) The boundary of such coal mine in accordance with the 15,745
meaning of the term "boundary" when used in referring to the 15,746
boundary of a coal mine, and the term "coal mine" as those terms 15,748
are defined in section 1571.01 of the Revised Code; 15,749
(2) The boundary of the mine protective area of such mine. 15,751
The provisions of this 15,752
THIS division of this section shall not be construed to 15,754
amend or repeal any provisions of sections 1563.03 to 1563.05 of 15,756
the Revised Code, either by implication or otherwise.
The provisions of this THIS division are IS intended only 15,759
to add to existing statutory requirements pertaining to the
filing of coal mine maps with the division of mines and 15,760
reclamation MINERAL RESOURCES MANAGEMENT, the requirements 15,761
ESTABLISHED in this division contained. 15,762
(B) Every operator of a coal mine who believes that any 15,764
part of the boundary of such mine is within two thousand linear 15,765
feet of a well which THAT is drilled through the horizon of such 15,766
coal mine and into or through the storage stratum or strata of a 15,767
gas storage reservoir within the boundary of such reservoir or 15,768
350
within its protective area, shall at once send notice to that 15,769
effect by registered mail to the operator of such reservoir and 15,770
to the division. 15,771
(C) Every operator of a coal mine who expects that any 15,773
part of the boundary of such mine will, on a date after September 15,774
9, 1957, be extended beyond its location on such date to a point 15,775
within two thousand linear feet of a well which THAT is drilled 15,776
through the horizon of such mine and into or through the stratum 15,777
or strata of a gas storage reservoir within the boundary of such 15,778
reservoir or within its protective area, shall send at least nine 15,780
months' notice of such date and of the location of such well by
registered mail to the operator of such reservoir and to the 15,781
division. If at the end of three years after the date stated in 15,782
the notice by an operator of a coal mine to an operator of a 15,783
storage reservoir as the date upon which part of the boundary of 15,784
such coal mine is expected to be extended to a point within two 15,785
thousand linear feet of such well, no part of such coal mine is 15,786
so extended, the operator of such coal mine shall be liable to 15,787
the operator of such storage reservoir for all expenses incurred 15,788
by such reservoir operator in doing the plugging or 15,789
reconditioning of such well as he THE RESERVOIR OPERATOR is 15,790
required to do in such cases as provided in section 1571.05 of 15,792
the Revised Code. Such mine operator shall in no event be liable 15,794
to such reservoir operator:
(1) For expenses of plugging or reconditioning such well 15,796
incurred prior to receipt by such reservoir operator from such 15,797
mine operator of a notice as provided for in this division; 15,798
(2) For any expenses of plugging or reconditioning such 15,800
well if any part of the work of plugging or reconditioning was 15,801
commenced prior to receipt by such reservoir operator from such 15,802
mine operator of a notice as provided for in this division. 15,803
(D) If a person intends to open a new coal mine after 15,805
September 9, 1957, and if at the time of its opening any part of 15,806
the boundary of such mine will be within two thousand linear feet 15,807
351
of a well which THAT is drilled through the horizon of such mine 15,808
and into or through the storage stratum or strata of a gas 15,810
storage reservoir within the boundary of such reservoir or within 15,811
its protective area, such person shall send by registered mail to 15,812
the operator of such storage reservoir and to the division at 15,813
least nine months' notice of the date upon which he THE PERSON 15,814
intends to open such mine, and of the location of such well. If 15,815
at the end of nine months after the date stated in the notice by 15,816
an operator of a coal mine to an operator of a storage reservoir 15,817
and to the division, as the date upon which such coal mine 15,819
operator intends to open such new mine, such new mine is not 15,820
opened, the operator of such coal mine shall be liable to the 15,821
operator of such storage reservoir for all expenses incurred by
such reservoir operator in doing the plugging or reconditioning 15,822
of such well as he THE RESERVOIR OPERATOR is required to do in 15,823
such cases as provided in section 1571.05 of the Revised Code;, 15,824
provided: 15,825
(1) That such mine operator may, prior to the end of nine 15,827
months after the date stated in such mine operator's notice to 15,828
such reservoir operator and the division as the date upon which 15,830
he THE MINE OPERATOR intended to open such new mine, notify such 15,831
reservoir operator and the division in writing by registered 15,833
mail, that the opening of such new mine will be delayed beyond 15,834
the end of such nine-month period of time, and that he THE MINE 15,835
OPERATOR requests that a conference be held as provided in 15,836
section 1571.10 of the Revised Code for the purpose of 15,837
endeavoring to reach an agreement establishing a date subsequent 15,838
to the end of such nine-month period of time, on or before which 15,839
such mine operator may open such new mine without being liable to 15,841
pay such reservoir operator expenses incurred by such reservoir 15,842
operator in plugging or reconditioning such well as in this 15,843
division provided;
(2) That if such mine operator sends to such reservoir 15,845
operator and to the division a notice and request for a 15,846
352
conference as in this sentence provided IN DIVISION (D)(1) OF 15,848
THIS SECTION, such mine operator shall not be liable to pay such 15,849
reservoir operator for expenses incurred by such reservoir 15,850
operator in plugging and reconditioning such well, unless such 15,851
mine operator fails to open such new mine within the period of 15,852
time fixed by an approved agreement reached in such conference, 15,853
or fixed by an order by the chief of the division OF MINERAL 15,854
RESOURCES MANAGEMENT upon a hearing held in the matter in the 15,855
event of failure to reach an approved agreement in the 15,856
conference;
(3) That such mine operator shall in no event be liable to 15,858
such reservoir operator: 15,859
(a) For expense of plugging or reconditioning such well 15,861
incurred prior to the receipt by such reservoir operator from 15,862
such mine operator of the notice of the date upon which such mine 15,864
operator intends to open such new mine;
(b) For any expense of plugging or reconditioning such 15,866
well if any part of the work of plugging or reconditioning was 15,867
commenced prior to receipt by such reservoir operator from such 15,868
mine operator of such notice. 15,869
Sec. 1571.04. (A) Upon the filing of each map or amended 15,878
map with the division of mines and reclamation MINERAL RESOURCES 15,879
MANAGEMENT by operators of gas storage reservoirs as required by 15,881
this chapter, and each coal mine map as required by sections 15,882
1563.03 to 1563.05 and division (A) of section 1571.03 of the 15,884
Revised Code, the gas storage well inspector shall cause an 15,885
examination to be made of all maps on file in the division as he 15,886
THE GAS STORAGE WELL INSPECTOR may deem necessary to ascertain 15,888
whether any part of a reservoir protective area as shown on any 15,889
such map is within ten thousand linear feet of any part of the 15,890
boundary of a coal mine as shown on any such map. If, upon 15,891
making that examination, the gas storage well inspector finds 15,892
that any part of such a reservoir protective area is within ten 15,893
thousand linear feet of any part of the boundary of such a coal 15,894
353
mine, he THE GAS STORAGE WELL INSPECTOR shall promptly send by 15,895
registered mail notice to that effect to the operator of the 15,896
reservoir and to the operator of the coal mine. 15,897
(B) Within sixty days after receipt by an operator of a 15,899
gas storage reservoir of a notice from the gas storage well 15,900
inspector under division (A) of this section, such operator shall 15,901
file on the same day with both the division of mines and 15,902
reclamation and the division of oil and gas of the department of 15,904
natural resources identical maps A MAP prepared by a registered 15,905
surveyor, registered engineer, or competent geologist, which 15,906
shall include DO all of the following: 15,908
(1) Indicate the stratum or strata in which such gas 15,910
storage reservoir is located; 15,911
(2) Show the location of the boundary of the reservoir and 15,913
the boundary of its protective area, and the known fixed 15,914
monuments, corner stones, or other permanent markers in such 15,915
boundary lines; 15,916
(3) Show the boundary lines of the counties, townships, 15,918
and sections or lots, which THAT are within the limits of such 15,919
maps, and the name of each such county and township and the 15,920
number of each such section or lot clearly indicated thereon; 15,921
(4) Show the location of all oil or gas wells known to the 15,923
operator of such reservoir which THAT have been drilled within 15,924
the boundary of the reservoir or within its protective area, and 15,926
indicate which of such wells, if any, have been or are to be 15,927
plugged or reconditioned for use in the operation of such 15,928
reservoir. 15,929
The location of the boundary of the gas storage reservoir 15,931
as shown on the maps shall be defined by the location of those 15,932
wells around the periphery of the reservoir that had no gas 15,933
production when drilled into the storage stratum of the 15,935
reservoir;, provided that, if the operator of the reservoir, upon 15,936
taking into consideration the number and nature of such wells, 15,937
the geological and production knowledge of the storage stratum, 15,938
354
its character, permeability, and distribution, and operating 15,939
experience, determines that the location of the boundary of the 15,940
reservoir should be differently defined, he THE RESERVOIR 15,941
OPERATOR may, on the maps, show the boundary of the reservoir to 15,943
be located at a location different than FROM the location defined 15,944
by the location of those wells around the periphery of the 15,946
reservoir that had no gas production when drilled into the 15,947
storage stratum.
(C) Any coal mine operator who receives from the gas 15,949
storage well inspector a copy of a map as provided by division 15,950
(E) of this section may request the gas storage well inspector to 15,951
furnish him THE COAL MINE OPERATOR with: 15,952
(1) The name of the original operator of any well shown on 15,954
such map; 15,955
(2) The date drilling of such well was completed; 15,957
(3) The total depth of such well; 15,959
(4) The depth at which oil or gas was encountered in such 15,961
well if it was productive of oil or gas; 15,962
(5) The initial rock pressure of such well; 15,964
(6) A copy of the log of the driller of such well or other 15,966
similar data; 15,967
(7) The location of such well in respect to the property 15,969
lines of the tract of land on which it is located; 15,970
(8) A statement as to whether the well is inactive or 15,972
active: 15,973
(a) If inactive, the date of plugging and other pertinent 15,975
data; 15,976
(b) If active, whether it is being used for test purposes 15,978
or storage purposes; 15,979
(9) A statement of the maximum injection pressure 15,981
contemplated by the operator of the reservoir shown on such map. 15,982
Upon receipt of such a request, the gas storage well 15,984
inspector shall promptly furnish the coal mine operator the 15,985
information requested. If the information is not ascertainable 15,986
355
from the files in the division of mines and reclamation, the gas 15,987
storage well inspector shall request the reservoir operator to 15,989
furnish the division of mines and reclamation with such 15,991
information to the extent that he THE RESERVOIR OPERATOR has 15,992
knowledge thereof. Upon receipt of such a request, the reservoir
operator shall promptly furnish such information to the division 15,993
of mines and reclamation. Thereupon the gas storage well 15,994
inspector shall promptly transmit such information to the mine 15,995
operator who requested it. 15,996
Whenever the operator of a gas storage reservoir determines 15,998
that the location of the boundary of the reservoir as shown on 15,999
the most recent maps MAP thereof on file in the division of mines 16,001
and reclamation and the division of oil and gas pursuant to this 16,002
section is incorrect, he THE RESERVOIR OPERATOR shall file with 16,003
each THE division identical AN amended maps MAP showing the 16,005
boundary of the reservoir to be located at the location which he 16,006
THAT THE RESERVOIR OPERATOR then considers to be correct. 16,007
(D) Each operator of a gas storage reservoir who files A 16,010
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 16,012
of each six-month period following the date of such filing, file 16,013
with each THE division identical AN amended maps MAP showing 16,014
changes in the boundary line of the reservoir or of the 16,016
reservoir's protective area that have occurred in the six-month 16,017
period, and further showing or describing any other occurrences 16,018
within that six-month period that cause the most recent maps MAP 16,019
on file and pertaining to the reservoir to no longer be correct. 16,020
Nothing in this division shall be construed to require such a 16,021
reservoir operator to file an amended map at the end of any such 16,022
six-month period if no boundary changes or other occurrences have 16,023
occurred in that period. The operator of the reservoir shall 16,024
also file with the division of mines and reclamation and the 16,025
division of oil and gas, subsequent to the filing of maps A MAP 16,027
as provided for in division (B) of this section, a statement 16,028
356
whenever changing the maximum injection pressure is contemplated, 16,029
stating for each affected well within the boundary of the 16,030
reservoir or its protective area, the amount of change of 16,031
injection pressure contemplated. The location or drilling of new 16,032
wells or the abandonment or reconditioning of wells shall not be 16,033
considered to be occurrences requiring the filing of an amended 16,034
map or statement.
(E) Promptly upon the filing with the division of mines 16,036
and reclamation of a map or an amended map pertaining to a gas 16,037
storage reservoir under this section, the gas storage well 16,039
inspector shall send by registered mail to the operator of the 16,040
coal mine a part of the boundary of which is within ten thousand 16,041
linear feet of any part of the boundary of the reservoir or of 16,042
the outside boundary of the reservoir's protective area, notice 16,043
of the filing together with a copy of the map. 16,044
(F) When the operator of a gas storage reservoir files 16,046
with the division of mines and reclamation and the division of 16,047
oil and gas maps A MAP or AN amended maps MAP under this section, 16,049
he THE RESERVOIR OPERATOR shall file as many copies of the maps 16,051
MAP as each THE division may require for its files and as are 16,052
needed for sending a copy to each coal mine operator under 16,053
division (E) of this section. 16,054
(G) A reservoir operator shall file with the division of 16,056
oil and gas, within sixty days after March 17, 1989, a map 16,058
identical to any map then on file with the division of mines and 16,059
reclamation.
Sec. 1571.05. (A) Whenever any part of a gas storage 16,068
reservoir or any part of its protective area underlies any part 16,069
of a coal mine, or is, or within nine months is expected or 16,070
intended to be, within two thousand linear feet of the boundary 16,071
of a coal mine which THAT is operating in a coal seam any part of 16,073
which extends over any part of said THE storage reservoir or its 16,074
protective area, the operator of such reservoir, if he THE 16,075
RESERVOIR OPERATOR or some other reservoir operator has not 16,077
357
theretofore done so, shall:
(1) Use every known method which THAT is reasonable under 16,079
the circumstance for discovering and locating all wells drilled 16,080
within the area of such reservoir or its protective area which 16,081
THAT underlie any part of such coal mine or its protective area; 16,083
(2) Plug or recondition all known wells drilled within the 16,085
area of such reservoir or its protective area which THAT underlie 16,087
any part of such coal mine.
(B) Whenever an operator of a gas storage reservoir is 16,089
notified by the operator of a coal mine, as provided in division 16,090
(B) of section 1571.03 of the Revised Code, that such coal mine 16,092
operator believes that part of the boundary of such mine is
within two thousand linear feet of a well which THAT is drilled 16,093
through the horizon of such coal mine and into or through the 16,094
storage stratum or strata of such reservoir within the boundary 16,095
of such reservoir or within its protective area, such reservoir 16,096
operator shall plug or recondition such well as in this section 16,097
prescribed, unless it is agreed in a conference or is ordered by 16,098
the chief of the division of mines and reclamation MINERAL 16,099
RESOURCES MANAGEMENT after a hearing, as provided in section 16,101
1571.10 of the Revised Code, that the well referred to in the 16,102
notice is not such a well as is described in division (B) of 16,103
section 1571.03 of the Revised Code.
Whenever an operator of a gas storage reservoir is notified 16,105
by the operator of a coal mine as provided in division (C) or (D) 16,106
of section 1571.03 of the Revised Code, that part of the boundary 16,108
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 16,109
drilled through the horizon of such mine and into or through the 16,111
storage stratum or strata of such reservoir within the boundary 16,112
of such reservoir or within its protective area, such reservoir 16,113
operator shall plug or recondition such well as in this section 16,114
prescribed. 16,115
Whenever the operator of a coal mine considers that the use 16,117
358
of a well such as in this section described, if used for 16,118
injecting gas into, or storing gas in, or removing gas from, a 16,119
gas storage reservoir, would be hazardous to the safety of 16,120
persons or property on or in the vicinity of the premises of such 16,121
coal mine or such reservoir or well, he THE COAL MINE OPERATOR 16,122
may file with the division of mines and reclamation objections to 16,123
the use of such well for such purposes, and a request that a 16,124
conference be held as provided in section 1571.10 of the Revised 16,126
Code, to discuss and endeavor to resolve by mutual agreement 16,128
whether or not such well shall or shall not be used for such 16,129
purposes, and whether or not such well shall be reconditioned, 16,130
inactivated, or plugged. Such request shall set forth the mine 16,131
operator's reasons for such objections. If no approved agreement 16,132
is reached in such conference, the gas storage well inspector 16,133
shall within ten days after the termination of such conference, 16,134
file with the chief a request that he THE CHIEF hear and 16,135
determine the matters considered at the conference as provided in 16,137
section 1571.10 of the Revised Code. Upon conclusion of the 16,138
hearing, the chief shall find and determine whether or not the 16,140
safety of persons or of the property on or in the vicinity of the 16,141
premises of such coal mine, or such reservoir, or such well 16,142
requires that such well be reconditioned, inactivated, or 16,143
plugged, and shall make an order consistent with such 16,144
determination, provided that the chief shall not order a well 16,145
plugged unless he THE CHIEF first finds that there is underground 16,147
leakage of gas therefrom.
The plugging or reconditioning of each well described in a 16,149
notice from a coal mine operator to a reservoir operator as 16,150
provided in division (B) of section 1571.03 of the Revised Code, 16,152
which must be plugged or reconditioned, shall be completed within 16,153
such time as the gas storage well inspector may fix in the case 16,154
of each such well. The plugging or reconditioning of each well 16,155
described in a notice from a coal mine operator to a reservoir 16,156
operator as provided in division (C) of section 1571.03 of the 16,158
359
Revised Code, which must be plugged or reconditioned, shall be 16,159
completed by the time such well, by reason of the extension of 16,160
the boundary of such coal mine, is within two thousand linear 16,161
feet of any part of the boundary of such mine. The plugging or 16,162
reconditioning of each well described in a notice from a coal 16,163
mine operator to a reservoir operator, as provided in division 16,164
(D) of section 1571.03 of the Revised Code, which must be plugged 16,166
or reconditioned, shall be completed by the time such well by 16,167
reason of the opening of such new mine, is within two thousand 16,168
linear feet of any part of the boundary of such new mine. A 16,169
reservoir operator who is required to complete the plugging or 16,170
reconditioning of a well within a period of time fixed as in this 16,171
paragraph DIVISION prescribed, may prior to the end of such 16,172
period of time, notify the division and the mine operator from 16,174
whom he THE RESERVOIR OPERATOR received a notice as provided in 16,175
division (B), (C), or (D) of section 1571.03 of the Revised Code, 16,178
in writing by registered mail, that the completion of the 16,180
plugging or reconditioning of the well referred to in such notice 16,181
will be delayed beyond the end of the period of time fixed 16,182
therefor as in this section provided, and that he THE RESERVOIR 16,183
OPERATOR requests that a conference be held for the purpose of 16,185
endeavoring to reach an agreement establishing a date subsequent 16,186
to the end of such period of time, on or before which such 16,187
reservoir operator may complete such plugging or reconditioning 16,188
without incurring any penalties for failure to do so as provided 16,189
in this chapter. If such a reservoir operator sends to such a 16,191
mine operator and to the division a notice and request for a 16,192
conference as in this paragraph DIVISION provided, such reservoir 16,193
operator shall not incur any penalties for failure to complete 16,195
the plugging or reconditioning OF such well within the period of 16,196
time fixed as in this paragraph DIVISION prescribed, unless such 16,197
reservoir operator fails to complete the plugging or
reconditioning of such well within the period of time fixed by an 16,198
approved agreement reached in such conference, or fixed by an 16,199
360
order by the chief upon a hearing held in the matter in the event 16,201
of failure to reach an approved agreement in the conference. 16,202
Whenever, in compliance with this division, a well is to be 16,205
plugged by a reservoir operator, such operator shall give to the 16,206
division notice thereof, as many days in advance as will be 16,207
necessary for the gas storage well inspector or a deputy mine 16,208
inspector to be present at such plugging. Such notification 16,209
shall be made on blanks furnished by the division and shall show 16,210
the following information:
(1) Name and address of the applicant; 16,212
(2) The location of the well identified by section or lot 16,214
number, city or village, and township and county; 16,215
(3) The well name and number of each well to be plugged. 16,217
(C) The operator shall give written notice at the same 16,219
time to the owner of the land upon which the well is located, the 16,220
owners or agents of the adjoining land, and adjoining well owners 16,221
or agents of his THE OPERATOR'S intention to abandon the well, 16,222
and of the time when he THE OPERATOR will be prepared to commence 16,224
plugging and filling the same. In addition to giving such 16,226
notices, such reservoir operator shall also at the same time send 16,227
a copy of such notice by registered mail to the coal mine 16,228
operator, if any, who sent to said THE reservoir operator the 16,229
notice as provided in division (B), (C), or (D) of section 16,231
1571.03 of the Revised Code, in order that such coal mine 16,233
operator or his THE COAL MINE OPERATOR'S DESIGNATED 16,234
representative whom he may designate as such, may attend and 16,235
observe the manner in which such plugging of such well is done. 16,236
If said THE reservoir operator plugs such well without an 16,238
inspector from the division being present to supervise the 16,241
plugging, said THE reservoir operator shall send to the division 16,242
and to the coal mine operator a copy of the report of the 16,244
plugging of such well, including in such report:
(1) The date of abandonment; 16,246
(2) The name of the owner or operator of such well at the 16,248
361
time of abandonment and his THE WELL OWNER'S OR OPERATOR'S post 16,249
office address; 16,250
(3) The location of such well as to township and county 16,252
and the name of the owner of the surface upon which such well is 16,253
drilled, with the address thereof; 16,254
(4) The date of the permit to drill; 16,256
(5) The date when drilled; 16,258
(6) Whether such well has been mapped; 16,260
(7) The depth of the well; 16,262
(8) The depth of the top of the sand to which the well was 16,264
drilled; 16,265
(9) The depth of each seam of coal drilled through; 16,267
(10) A detailed report as to how such well was plugged, 16,269
giving in particular the manner in which the coal and various 16,270
sands were plugged, and the date of the plugging of such well, 16,271
including therein the names of those who witnessed the plugging 16,272
of the well. 16,273
Such report shall be signed by the operator or his THE 16,275
OPERATOR'S agent who plugged such well and verified by the oath 16,277
of the party so signing. For the purposes of this section, a 16,278
deputy mine inspector may take acknowledgements and administer 16,279
oaths to the parties signing such report. 16,280
Whenever, in compliance with this division, a well is to be 16,283
reconditioned by a reservoir operator, such operator shall give 16,284
to the division notice thereof as many days before such 16,285
reconditioning is begun as will be necessary for the gas storage 16,286
well inspector, or a deputy mine inspector, to be present at such 16,287
reconditioning. No well shall be reconditioned if an inspector 16,288
of the division is not present unless permission to do so has 16,289
been granted by the chief. The reservoir operator, at the time 16,290
of giving notice to the division as in this section required, 16,292
also shall send a copy of such notice by registered mail to the 16,293
coal mine operator, if any, who sent to the reservoir operator 16,294
the notice as provided in division (B), (C), or (D) of section 16,295
362
1571.03 of the Revised Code, in order that such coal mine 16,296
operator or his THE COAL MINE OPERATOR'S DESIGNATED 16,297
representative whom he may designate as such, may attend and 16,299
observe the manner in which such reconditioning of such well is 16,300
done.
If said THE reservoir operator reconditions such well when 16,302
no inspector of the division is present to supervise the 16,303
reconditioning, the reservoir operator shall make written report 16,304
to the division describing the manner in which such 16,305
reconditioning was done, and shall send to the coal mine operator 16,307
a copy of such report by registered mail.
(D) Wells which THAT are required by this section to be 16,309
plugged shall be plugged in the manner specified in sections 16,310
1509.13 to 1509.19 of the Revised Code, and the operator shall 16,311
give the notifications and reports required by divisions (B) and 16,312
(C) of this section. No such well shall be plugged or abandoned 16,313
without the written approval of the division, and no such well 16,315
shall be mudded, plugged, or abandoned without the gas storage 16,316
well inspector or a deputy mine inspector present unless written 16,317
permission has been granted by the chief of the division or the
gas storage well inspector. For the purposes of this section, 16,319
the chief of the division of mines and reclamation has the 16,320
authority given the chief of the division of oil and gas in 16,321
sections 1509.15 and 1509.17 of the Revised Code. If such a well 16,322
has been plugged prior to the time plugging thereof is required 16,323
by this section, and, on the basis of the data, information, and 16,324
other evidence available it is determined that such plugging was 16,325
done in the manner required by this section, or was done in 16,326
accordance with statutes prescribing the manner of plugging wells 16,327
in effect at the time such plugging was done, and that there is 16,328
no evidence of leakage of gas from such well either at or below 16,329
the surface, and that such plugging is sufficiently effective to 16,330
prevent the leakage of gas from such well, the obligations 16,331
imposed upon such reservoir operator by this section as to 16,332
363
plugging said THE well, shall be considered fully satisfied. The 16,334
operator of a coal mine any part of the boundary of which is, or 16,335
within nine months is expected or intended to be, within two 16,336
thousand linear feet of such well, may at any time raise a 16,337
question as to whether the plugging of such well is sufficiently 16,338
effective to prevent the leakage of gas therefrom, and the issue 16,339
so made shall be determined by a conference or hearing as 16,340
provided in section 1571.10 of the Revised Code. 16,341
(E) Wells which THAT are to be reconditioned as required 16,343
by this section shall be, or shall be made to be: 16,344
(1) Cased in accordance with the provisions of the 16,346
statutes of Ohio THIS STATE in effect at the time such wells were 16,348
drilled, with such casing being, or made to be, sufficiently
effective in that there is no evidence of any leakage of gas 16,349
therefrom;
(2) Equipped with a producing string and well head 16,351
composed of new pipe, or pipe as good as new, and fittings 16,352
designed to operate with safety and to contain the stored gas at 16,353
maximum pressures contemplated. 16,354
When a well which THAT is to be reconditioned as required 16,356
by this section, has been reconditioned for use in the operation 16,357
of such reservoir prior to the time prescribed in this section, 16,358
and on the basis of the data, information, and other evidence 16,359
available it is determined that at the time such well was so 16,360
reconditioned the requirements prescribed in this division were 16,361
met, and that there is no evidence of underground leakage of gas 16,362
from such well, and that such reconditioning is sufficiently 16,363
effective to prevent underground leakage from said THE well, the 16,364
obligations imposed upon such reservoir operator by this section 16,365
as to reconditioning such well shall be considered fully 16,366
satisfied. Any operator of a coal mine any part of the boundary 16,367
of which is, or within nine months is expected or intended to be, 16,368
within two thousand linear feet of such well, may at any time 16,369
raise a question as to whether the reconditioning of such well is 16,370
364
sufficiently effective to prevent underground leakage of gas 16,371
therefrom, and the issue so made shall be determined by a 16,372
conference or hearing as provided in section 1571.10 of the 16,374
Revised Code.
If the gas storage well inspector at any time finds that a 16,376
well which THAT is drilled through the horizon of a coal mine and 16,378
into or through the storage stratum or strata of a reservoir
within the boundary of such reservoir or within its protective 16,379
area, is located within the boundary of such coal mine or within 16,380
two thousand linear feet of such mine boundary, and was drilled 16,381
prior to the time Ohio THE statutes OF THIS STATE required that 16,382
wells be cased, and that such well fails to meet the casing and 16,384
equipping requirements prescribed in this division of this 16,385
section, the gas storage well inspector shall promptly notify the 16,386
operator of such reservoir thereof in writing, and such reservoir 16,387
operator upon receipt of such notice, shall promptly recondition 16,388
such well in the manner prescribed in this division for 16,389
reconditioning wells, unless, in a conference or hearing as 16,390
provided in section 1571.10 of the Revised Code, a different 16,391
course of action is agreed upon or ordered. 16,393
(F)(1) When a well within the boundary of a gas storage 16,395
reservoir or within such reservoir's protective area penetrates 16,396
the storage stratum or strata of such reservoir, but does not 16,397
penetrate the coal seam within the boundary of a coal mine, the 16,398
gas storage well inspector may, upon application of the operator 16,399
of such storage reservoir, exempt such well from the requirements 16,400
of this section. Either party affected by such action of the gas 16,401
storage well inspector may request a conference and hearing with 16,402
respect to such exemption. 16,403
(2) When a well located within the boundary of a storage 16,405
reservoir or a reservoir's protective area is a producing well in 16,406
a stratum above or below the storage stratum, the obligations 16,407
imposed by this section shall not begin until such well ceases to 16,408
be a producing well. 16,409
365
(G) When retreat mining reaches a point in a coal mine 16,411
when the operator of such mine expects that within ninety days 16,412
retreat work will be at the location of a pillar surrounding an 16,413
active storage reservoir well, the operator of such mine shall 16,414
promptly send by registered mail notice to that effect to the 16,415
operator of such reservoir. Thereupon the operators may by 16,416
agreement determine whether it is necessary or advisable to 16,417
temporarily inactivate the well. If inactivated, the well shall 16,418
not be reactivated until a reasonable period of time has elapsed, 16,419
such period of time to be determined by agreement by the 16,420
operators. In the event that the parties cannot agree upon 16,421
either of the foregoing matters, such question shall be submitted 16,422
to the gas storage well inspector for a conference in accordance 16,423
with section 1571.10 of the Revised Code. 16,424
(H)(1) The provisions of this section that require the 16,426
plugging or reconditioning of wells shall not apply to such wells 16,428
as are used to inject gas into, store gas in, or remove gas from, 16,429
a gas storage reservoir when the sole purpose of such injection, 16,430
storage, or removal, is "testing." The operator of a gas storage 16,431
reservoir who injects gas into, stores gas in, or removes gas 16,432
from, a reservoir for the sole purpose of testing, shall be 16,433
subject to all other provisions of this chapter that are 16,435
applicable to operators of reservoirs. 16,436
(2) If the injection of gas into, or storage of gas in, a 16,438
gas storage reservoir any part of which, or of the protective 16,439
area of which, is within the boundary of a coal mine, is begun 16,440
after September 9, 1957, and if such injection or storage of gas 16,441
is for the sole purpose of testing, the operator of such 16,442
reservoir shall send by registered mail to the operator of such 16,443
coal mine and to the division at least sixty days' notice of the 16,445
date upon which such testing will be begun.
If at any time within the period of time during which 16,447
testing of a reservoir is in progress, any part of such reservoir 16,448
or of its protective area comes within any part of the boundary 16,449
366
of a coal mine, the operator of such reservoir shall promptly 16,450
send notice to that effect by registered mail to the operator of 16,451
such mine and to the division. 16,452
(3) Any coal mine operator who receives a notice as 16,454
provided for in this division (H)(2) OF THIS SECTION, may within 16,456
thirty days of the receipt thereof, file with the division 16,457
objections to such testing. The gas storage well inspector also 16,458
may, within the time within which a coal mine operator may file 16,459
such objection, place in the files of the division objections to 16,460
such testing. The reservoir operator shall comply throughout the 16,461
period of the testing operations with all conditions and 16,462
requirements agreed upon and approved in the conference on such 16,463
objections conducted as provided in section 1571.10 of the 16,465
Revised Code, or in an order made by the chief following a 16,466
hearing in the matter as provided in section 1571.10 of the 16,468
Revised Code. If in complying with such agreement or order 16,469
either the reservoir operator or the coal mine operator 16,470
encounters or discovers conditions which THAT were not known to 16,471
exist at the time of such conference or hearing and which THAT 16,473
materially affect such agreement or order, or the ability of the 16,475
reservoir operator to comply therewith, either operator may apply 16,476
for a rehearing or modification of said THE order. 16,477
(I) In addition to complying with all other provisions of 16,479
this chapter and any lawful orders issued thereunder, the 16,482
operator of each gas storage reservoir shall keep all wells 16,483
drilled into or through the storage stratum or strata within the 16,484
boundary of his THE OPERATOR'S reservoir or within his THE 16,486
reservoir's protective area in such condition, and operate the 16,487
same in such manner, as to prevent the escape of gas therefrom 16,488
into any coal mine, and shall operate and maintain such storage 16,489
reservoir and its facilities in such manner and at such pressures 16,490
as will prevent gas from escaping from such reservoir or its 16,491
facilities into any coal mine.
Sec. 1571.06. (A) Distances between boundaries of gas 16,501
367
storage reservoirs, reservoir protective areas, coal mines, coal 16,502
mine protective areas, and wells, as shown on the most recent 16,503
maps of storage reservoirs and of coal mines filed with the 16,504
division of mines and reclamation MINERAL RESOURCES MANAGEMENT as 16,505
required by this chapter and sections 1563.03 to 1563.05 of the 16,506
Revised Code, may be accepted and relied upon as being accurate 16,509
and correct, by operators of coal mines and operators of 16,510
reservoirs. Data, statements, and reports filed with the 16,511
division as required by this chapter and sections 1563.03 to 16,512
1563.05 of the Revised Code may be likewise accepted and relied 16,514
upon. However, the gas storage well inspector or any reservoir 16,515
operator or coal mine operator, or any other person having a
direct interest in the matter, may at any time question the 16,516
accuracy or correctness of any map, data, statement, or report so 16,517
filed, with the division by notifying the division thereof in 16,519
writing. Such notice shall state the reasons why the question is 16,520
raised. When any such notice is so filed, the gas storage well 16,521
inspector shall proceed promptly to hold a conference on the 16,522
question thus raised, as provided in section 1571.10 of the 16,523
Revised Code. 16,524
(B) If, in any proceeding under this chapter, the accuracy 16,526
or correctness of any map, data, statement, or report, filed by 16,529
any person pursuant to the requirements of this chapter is in 16,531
question, the person so filing the same shall have the burden of
proving the accuracy or correctness thereof. 16,532
(C) The operator of a gas storage reservoir shall, at all 16,534
reasonable times, be permitted to inspect the premises and 16,535
facilities of any coal mine any part of the boundary of which is 16,536
within any part of the boundary of such gas storage reservoir or 16,537
within its protective area, and the operator of a coal mine 16,538
shall, at all reasonable times, be permitted to inspect the
premises and facilities of any gas storage reservoir any part of 16,539
the boundary of which or any part of the protective area of which 16,540
is within the boundary of such coal mine. In the event that 16,541
368
either such reservoir operator or such coal mine operator denies 16,542
permission to make any such inspection, the chief of the division 16,543
of mines and reclamation MINERAL RESOURCES MANAGEMENT on his THE 16,544
CHIEF'S own motion, or on an application by the operator desiring 16,546
to make such inspection, upon a hearing thereon if requested by
either operator, after reasonable notice of such hearing, may 16,547
make an order providing for such inspection. 16,548
Sec. 1571.08. (A) Whenever in this chapter, the method or 16,557
material to be used in discharging any obligations imposed by 16,560
this chapter is specified, an alternative method or material may 16,561
be used if approved by the gas storage well inspector or the 16,562
chief of the division of mines and reclamation MINERAL RESOURCES 16,563
MANAGEMENT. A person desiring to use such alternative method or 16,565
material shall file with the division of mines and reclamation 16,566
MINERAL RESOURCES MANAGEMENT an application for permission to do 16,569
so. Such application shall describe such alternative method or
material in reasonable detail. The gas storage well inspector 16,570
shall promptly send by registered mail notice of the filing of 16,571
such application to any coal mine operator or reservoir operator 16,572
whose mine or reservoir may be directly affected thereby. Any 16,573
such coal mine operator or reservoir operator may within ten days 16,574
following receipt of such notice, file with the division
objections to such application. The gas storage well inspector 16,575
may also file with the division an objection to such application 16,577
at any time during which coal mine operators or reservoir 16,579
operators are permitted to file objections. If no objections are 16,580
filed within said THE ten-day period of time, the gas storage 16,582
well inspector shall thereupon issue a permit approving the use
of such alternative method or material. If any such objections 16,583
are filed by any coal mine operator or reservoir operator, or by 16,584
the gas storage well inspector, the question as to whether or not 16,585
the use of such alternative method or material, or a modification 16,586
thereof is approved, shall be determined by a conference or 16,588
hearing as provided in section 1571.10 of the Revised Code. 16,589
369
(B) Whenever in this chapter, provision is made for the 16,592
filing of objections with the division, such objections shall be 16,593
in writing and shall state as definitely as is reasonably 16,594
possible the reasons for such objections. Upon the filing of any
such objection the gas storage well inspector shall promptly fix 16,595
the time and place for holding a conference for the purpose of 16,596
discussing and endeavoring to resolve by mutual agreement the 16,597
issue raised by such objection. The gas storage well inspector 16,598
shall send written notice thereof by registered mail to each 16,599
person having a direct interest therein. Thereupon the issue
made by such objection shall be determined by a conference or 16,600
hearing in accordance with the procedures for conferences and 16,601
hearings as provided in section 1571.10 of the Revised Code. 16,602
Sec. 1571.09. (A) The chief of the division of mines and 16,612
reclamation MINERAL RESOURCES MANAGEMENT or any officer or
employee of the division thereunto duly authorized by the chief 16,613
may investigate, inspect, or examine records and facilities of 16,614
any coal mine operator or reservoir operator, for the purpose of 16,616
determining the accuracy or correctness of any map, data, 16,617
statement, report, or other item or article, filed with or 16,618
otherwise received by the division pursuant to this chapter. 16,619
When a material question is raised by any reservoir operator or 16,621
coal mine operator as to the accuracy or correctness of any such 16,622
map, data, statement, report, or other item or article, which may 16,623
directly affect him THE RESERVOIR OPERATOR OR COAL MINE OPERATOR, 16,624
the matter shall be determined by a conference or hearing as 16,625
provided in section 1571.10 of the Revised Code. 16,626
(B) The division of mines and reclamation MINERAL 16,628
RESOURCES MANAGEMENT shall keep all maps, data, statements, 16,629
reports, well logs, notices, or other items or articles filed 16,630
with or otherwise received by it pursuant to the provisions of 16,631
this chapter in a safe place and conveniently accessible to 16,633
persons entitled to examine them. It shall maintain indexes of 16,634
all such items and articles so that any of them may be promptly 16,635
370
located. None of such items or articles shall be open to public 16,636
inspection, but: (1) any of such items or articles pertaining to 16,637
a mine may be examined by: the operator, owner, lessee, or agent 16,638
of such mine; persons financially interested in such mine; owners 16,639
of land adjoining such mine; the operator, owner, lessee, or
agent of a mine adjoining such mine; authorized representatives 16,640
of the persons employed to work in such mine; the operator of a 16,641
gas storage reservoir any part of the boundary of which or of the 16,642
boundary of its protective area is within ten thousand linear 16,643
feet of the boundary of such mine, or the agent of such reservoir 16,644
operator thereunto authorized by such reservoir operator; or any
employee of the division of geological survey of IN the state 16,646
DEPARTMENT of Ohio NATURAL RESOURCES thereunto duly authorized by 16,648
the chief of said THAT division; and (2) any of such items or 16,649
articles pertaining to a gas storage reservoir may be examined 16,650
by: the operator of such reservoir; the operator of a coal mine 16,651
any part of the boundary of which is within ten thousand linear 16,652
feet of the boundary of a gas storage reservoir or of the 16,653
boundary of its protective area, or the agent of such mine 16,654
operator thereunto authorized by such mine operator, or the
authorized representatives of the persons employed to work in 16,655
such mine; or any employee of the division of geological survey 16,656
of the state of Ohio thereunto duly authorized by the chief of 16,658
said THAT division. The division of mines and reclamation 16,660
MINERAL RESOURCES MANAGEMENT shall not permit any of such items 16,661
or articles to be removed from its office, and it shall not
furnish copies of any such items or articles to any person other 16,662
than as provided in this chapter. 16,663
The division shall keep a docket of all proceedings arising 16,665
under this chapter, in which shall be entered the dates of any 16,667
notice received or issued, the names of all persons to whom it 16,668
sends a notice, and the address of each, the dates of conferences
and hearings, and all findings, determinations, decisions, 16,669
rulings, and orders, or other actions by the division. 16,670
371
(C) Whenever any provision of this chapter requires the 16,672
division to give notice to the operator of a coal mine of any 16,674
proceeding to be held pursuant to any provision of said sections 16,675
THIS CHAPTER, the division shall simultaneously give a copy of 16,676
such notice to the authorized representatives of the persons 16,677
employed to work in such mine.
Sec. 1571.10. (A) The gas storage well inspector or any 16,687
person having a direct interest in the administration of this 16,688
chapter may at any time file with the division of mines and 16,689
reclamation MINERAL RESOURCES MANAGEMENT a written request that a 16,690
conference be held for the purpose of discussing and endeavoring 16,692
to resolve by mutual agreement any question or issue relating to
the administration of said sections THIS CHAPTER, or to 16,693
compliance with their ITS provisions, or to any violation 16,695
thereof. Such request shall describe the matter concerning which 16,696
the conference is requested. Thereupon the gas storage well
inspector shall promptly fix the time and place for the holding 16,697
of such conference and shall send written notice thereof to each 16,698
person having a direct interest therein. At such conference the 16,699
gas storage well inspector or a representative of the division 16,700
designated by him THE GAS STORAGE WELL INSPECTOR shall be in 16,701
attendance, and shall preside at the conference, and he THE GAS 16,702
STORAGE WELL INSPECTOR OR DESIGNATED REPRESENTATIVE may make such 16,703
recommendations as he THE GAS STORAGE WELL INSPECTOR OR 16,704
DESIGNATED REPRESENTATIVE deems proper. Any agreement reached at 16,705
such conference shall be consistent with the requirements of this 16,706
chapter and, if approved by the gas storage well inspector, it 16,709
shall be reduced to writing and shall be effective. Any such
agreement approved by the gas storage well inspector shall be 16,710
kept on file in the division and a copy thereof shall be 16,711
furnished to each of the persons having a direct interest 16,712
therein. The conference shall be deemed terminated as of the 16,713
date an approved agreement is reached or when any person having a
direct interest therein refuses to confer thereafter. Such a 16,714
372
conference shall be held in all cases prior to the holding of a 16,715
hearing as provided in this section. 16,716
(B) Within ten days after the termination of a conference 16,718
at which no approved agreement is reached, any person who 16,719
participated in such conference and who has a direct interest in 16,720
the subject matter thereof, or the gas storage well inspector, 16,721
may file with the chief of the division of mines and reclamation 16,722
MINERAL RESOURCES MANAGEMENT a request that he THE CHIEF hear and 16,723
determine the matter or matters, or any part thereof considered 16,726
at the conference. Thereupon the chief shall promptly fix the
time and place for the holding of such hearing and shall send 16,727
written notice thereof to each person having a direct interest 16,728
therein. The form of the request for such hearing and the 16,729
conduct of the hearing shall be in accordance with regulations 16,730
which RULES THAT the chief adopts and promulgates as provided in 16,731
division (C) of this UNDER section 1571.11 OF THE REVISED CODE. 16,732
Consistent with the requirement for reasonable notice each such 16,734
hearing shall be held promptly after the filing of the request 16,735
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 16,736
attorney. The division may present at such hearing any evidence 16,737
which THAT is material to the matter being heard and which THAT 16,738
has come to the division's attention in any investigation or 16,739
inspection made pursuant to provisions of this chapter. 16,740
(C) For the purpose of conducting such a hearing the chief 16,742
may require the attendance of witnesses and the production of 16,743
books, records, and papers, and he THE CHIEF may, and at the 16,744
request of any person having a direct interest in the matter 16,746
being heard, he THE CHIEF shall, issue subpoenas for witnesses or 16,747
subpoenas duces tecum to compel the production of any books, 16,748
records, or papers, directed to the sheriff SHERIFFS of the 16,749
counties where such witnesses are found, which subpoenas shall be 16,751
served and returned in the same manner as subpoenas in criminal 16,752
cases are served and returned. The fees and mileage of sheriffs
373
and witnesses shall be the same as those allowed by the court of 16,753
common pleas in criminal cases. Such fee and mileage expenses 16,754
shall be paid in advance by the persons at whose request they are 16,755
incurred, and the remainder of such expenses shall be paid out of 16,756
funds appropriated for the expenses of the division.
In case of disobedience or neglect of any subpoena served 16,758
on any person, or the refusal of any witness to testify to any 16,759
matter regarding which he THE WITNESS may be lawfully 16,761
interrogated, the court of common pleas of the county in which
such disobedience, neglect, or refusal occurs, or any judge 16,762
thereof, on application of the chief, shall compel obedience by 16,763
attachment proceedings for contempt as in the case of 16,764
disobedience of the requirements of a subpoena issued from such
court or a refusal to testify therein. Witnesses at such 16,765
hearings shall testify under oath, and the chief may administer 16,766
oaths or affirmations to persons who so testify. 16,767
(D) With the consent of the chief, the testimony of any 16,769
witness may be taken by deposition at the instance of a party to 16,770
any hearing before the chief at any time after hearing has been 16,771
formally commenced. The chief may, of his THE CHIEF'S own 16,772
motion, order testimony to be taken by deposition at any stage in 16,773
any hearing, proceeding,or investigation pending before him THE 16,774
CHIEF. Such deposition shall be taken in the manner prescribed 16,776
by the laws of Ohio THIS STATE for taking depositions in civil 16,778
cases in courts of record.
(E) After the conclusion of a hearing the chief shall make 16,780
a determination and finding of facts. Every adjudication, 16,781
determination, or finding by the chief shall be made by written 16,782
order and shall contain a written finding by the chief of the 16,783
facts upon which the adjudication, determination, or finding is 16,785
based. Notice of the making of such order shall be given to the
persons whose rights, duties, or privileges are affected thereby, 16,786
by sending a certified copy thereof by registered mail to each of 16,787
such persons.
374
Adjudications, determinations, findings, and orders made by 16,789
the chief shall not be governed by, or be subject to, sections 16,791
119.01 to 119.13 CHAPTER 119. of the Revised Code. 16,794
Sec. 1571.11. The chief of the division of mines and 16,803
reclamation MINERAL RESOURCES MANAGEMENT shall adopt regulations 16,805
RULES governing administrative procedures to be followed in the 16,806
administration of this chapter, which shall be of general 16,807
application in all matters and to all persons affected by this 16,808
chapter.
No regulation RULE adopted by said THE chief pursuant to 16,811
this section shall be effective until the tenth day after it has 16,812
been promulgated by the filing of a certified copy thereof HAS 16,813
BEEN FILED in the office of the secretary of state. 16,814
All regulations RULES filed in the office of the secretary 16,816
of state pursuant to this section shall be recorded by the 16,817
secretary of state under a heading entitled "Regulations relating 16,818
to the storage of gas in underground gas storage reservoirs", and 16,819
shall be numbered consecutively under such heading and shall bear 16,820
the date of filing. Such regulations RULES shall be public 16,821
records open to public inspection. 16,823
No regulation RULE filed in the office of the secretary of 16,825
state pursuant to this section shall be amended except by a 16,826
regulation which RULE THAT contains the entire regulation RULE as 16,828
amended and which THAT repeals the regulation RULE amended. Each 16,829
regulation which RULE THAT amends a regulation RULE shall bear 16,830
the same consecutive regulation RULE number as the number of the 16,832
regulation which RULE THAT it amends, and it shall bear the date 16,834
of filing.
No regulation RULE filed in the office of the secretary of 16,836
state pursuant to this section shall be repealed except by a 16,837
regulation RULE. Each regulation which RULE THAT repeals a 16,839
regulation RULE shall bear the same consecutive regulation RULE 16,840
number as the number of the regulation which RULE THAT it 16,841
repeals, and it shall bear the date of filing. 16,843
375
The authority and the duty of the chief to adopt and 16,845
promulgate regulations RULES as provided in this section shall 16,846
not be governed by, or be subject to sections 119.01 to 119.13 16,849
CHAPTER 119. of the Revised Code.
The chief shall have available at all times copies of all 16,851
regulations RULES adopted and promulgated pursuant to this 16,853
section, and shall furnish same free of charge to any person 16,854
requesting same.
Sec. 1571.14. Any person claiming to be aggrieved or 16,863
adversely affected by an order of the chief of the division of 16,864
mines and reclamation MINERAL RESOURCES MANAGEMENT made as 16,865
provided in section 1571.10 or 1571.16 of the Revised Code may 16,868
appeal to the director of natural resources for an order vacating 16,870
or modifying such order. Upon receipt of the appeal, the 16,871
director shall appoint an individual who has knowledge of the 16,872
laws and rules regarding the underground storage of gas and who 16,873
shall act as a hearing officer in accordance with Chapter 119. of 16,874
the Revised Code in hearing the appeal.
The person appealing to the director shall be known as 16,876
appellant and the chief shall be known as appellee. The 16,877
appellant and the appellee shall be deemed parties to the appeal. 16,878
The appeal shall be in writing and shall set forth the 16,880
order complained of and the grounds upon which the appeal is 16,881
based. The appeal shall be filed with the director within thirty 16,882
days after the date upon which appellant received notice by 16,883
registered mail of the making of the order complained of, as 16,884
required by section 1571.10 of the Revised Code. Notice of the 16,886
filing of such appeal shall be delivered by appellant to the 16,887
chief within three days after the appeal is filed with the 16,889
director.
Within seven days after receipt of the notice of appeal the 16,891
chief shall prepare and certify to the director at the expense of 16,892
appellant a complete transcript of the proceedings out of which 16,893
the appeal arises, including a transcipt TRANSCRIPT of the 16,894
376
testimony submitted to the chief. 16,896
Upon the filing of the appeal the director shall fix the 16,898
time and place at which the hearing on the appeal will be held, 16,899
and shall give appellant and the chief at least ten days' written 16,900
notice thereof by mail. The director may postpone or continue 16,901
any hearing upon his THE DIRECTOR'S own motion or upon 16,902
application of appellant or of the chief. 16,904
The filing of an appeal provided for in this section does 16,906
not automatically suspend or stay execution of the order appealed 16,907
from, but upon application by the appellant the director may 16,908
suspend or stay such execution pending determination of the 16,909
appeal upon such terms as he THE DIRECTOR deems proper. 16,910
The hearing officer appointed by the director shall hear 16,912
the appeal de novo, and either party to the appeal may submit 16,913
such evidence as the hearing officer deems admissible. 16,914
For the purpose of conducting a hearing on an appeal, the 16,916
hearing officer may require the attendance of witnesses and the 16,917
production of books, records, and papers, and may, and at the 16,918
request of any party shall, issue subpoenas for witnesses or 16,919
subpoenas duces tecum to compel the production of any books, 16,920
records, or papers, directed to the sheriff SHERIFFS of the 16,921
counties where such witnesses are found, which subpoenas shall be 16,923
served and returned in the same manner as subpoenas in criminal 16,924
cases are served and returned. The fees and mileage of sheriffs 16,925
and witnesses shall be the same as those allowed by the court of 16,926
common pleas in criminal cases. Such fee and mileage expenses 16,927
incurred at the request of appellant shall be paid in advance by 16,928
appellant, and the remainder of such expenses shall be paid out 16,929
of funds appropriated for the expenses of the division of mines 16,931
and reclamation MINERAL RESOURCES MANAGEMENT. 16,932
In case of disobedience or neglect of any subpoena served 16,934
on any person, or the refusal of any witness to testify to any 16,935
matter regarding which he THE WITNESS may be lawfully 16,936
interrogated, the court of common pleas of the county in which 16,938
377
such disobedience, neglect, or refusal occurs, or any judge 16,939
thereof, on application of the director, shall compel obedience 16,940
by attachment proceedings for contempt as in the case of 16,941
disobedience of the requirements of a subpoena issued from such 16,942
court or a refusal to testify therein. Witnesses at such 16,943
hearings shall testify under oath, and the hearing officer may 16,944
administer oaths or affirmations to persons who so testify. 16,945
At the request of any party to the appeal, a stenographic 16,947
record of the testimony and other evidence submitted shall be 16,948
taken by an official court shorthand reporter at the expense of 16,949
the party making the request therefor. The record shall include 16,950
all of the testimony and other evidence and the rulings on the 16,951
admissibility thereof presented at the hearing. The hearing 16,952
officer shall pass upon the admissibility of evidence, but any 16,953
party may at the time object to the admission of any evidence and 16,954
except to the ruling of the hearing officer thereon, and if the 16,955
hearing officer refuses to admit evidence, the party offering 16,956
same may make a proffer thereof, and such proffer shall be made a 16,957
part of the record of such hearing. 16,958
If upon completion of the hearing the hearing officer finds 16,960
that the order appealed from was lawful and reasonable, he THE 16,961
HEARING OFFICER shall make a written order affirming the order 16,963
appealed from. If the hearing officer finds that such order was 16,964
unreasonable or unlawful, he THE HEARING OFFICER shall make a 16,965
written order vacating the order appealed from and making the 16,967
order which THAT it finds the chief should have made. Every 16,968
order made by the hearing officer shall contain a written finding 16,969
by him THE HEARING OFFICER of the facts upon which the order is 16,971
based. Notice of the making of such order shall be given 16,972
forthwith to each party to the appeal by mailing a certified copy 16,973
thereof to each such party by registered mail.
Sec. 1571.16. (A) The gas storage well inspector or any 16,983
person having a direct interest in the subject matter of this
chapter may file with the division of mines and reclamation 16,985
378
MINERAL RESOURCES MANAGEMENT a complaint in writing stating that 16,987
a person is violating, or is about to violate, a provision or 16,988
provisions of those sections THIS CHAPTER, or has done, or is 16,989
about to do, an act, matter, or thing therein prohibited or 16,991
declared to be unlawful, or has failed, omitted, neglected, or 16,992
refused, or is about to fail, omit, neglect, or refuse, to 16,993
perform a duty enjoined upon him THE PERSON by this chapter. 16,995
Upon the filing of such a complaint, the chief of the division of 16,997
mines and reclamation MINERAL RESOURCES MANAGEMENT shall promptly 16,998
fix the time for the holding of a hearing on such complaint and 17,000
shall send by registered mail to the person so complained of, a 17,001
copy of such complaint together with at least five days' notice 17,002
of the time and place at which such hearing will be held. Such 17,003
notice of such hearing shall also be given to all persons having 17,004
a direct interest in the matters complained of in such complaint. 17,005
Such hearing shall be conducted in the same manner, and the chief 17,006
and persons having a direct interest in the matter being heard, 17,007
shall have the same powers, rights, and duties as provided in 17,008
divisions (B), (C), (D), and (E) of section 1571.10 of the 17,009
Revised Code, in connection with hearings by the chief;, provided 17,010
that if after conclusion of the hearing the chief finds that the 17,011
charges against the person complained of, as stated in such 17,012
complaint, have not been sustained by a preponderance of 17,013
evidence, he THE CHIEF shall make an order dismissing the 17,015
complaint, and if the chief finds that the charges have been so 17,016
sustained, he THE CHIEF shall by appropriate order require 17,017
compliance with those sections PROVISIONS. 17,018
(B) Whenever the chief is of the opinion that any person 17,020
is violating, or is about to violate, any provision of this 17,021
chapter, or has done, or is about to do, any act, matter, or 17,024
thing therein prohibited or declared to be unlawful, or has 17,025
failed, omitted, neglected, or refused, or is about to fail, 17,026
omit, neglect, or refuse, to perform any duty enjoined upon him 17,027
THE PERSON by this chapter, or has failed, omitted, neglected, or 17,029
379
refused, or is about to fail, omit, neglect, or refuse, to obey 17,030
any lawful requirement or order made by the chief, or any final 17,031
judgment, order, or decree made by any court pursuant to this 17,032
chapter, then and in every such case, the chief may institute in 17,034
a court of competent jurisdiction of the county or counties 17,035
wherein the operation is situated, an action to enjoin or 17,036
restrain such violations or to enforce obedience with law or the 17,037
orders of the chief. No injunction bond shall be required to be 17,038
filed in any such proceeding. Such persons or corporations as 17,039
the court may deem necessary or proper to be joined as parties in 17,040
order to make its judgment, order, or writ effective may be 17,041
joined as parties. An appeal may be taken as in other civil 17,042
actions.
(C) In addition to the other remedies as provided in 17,044
divisions (A) and (B) of this section, any reservoir operator or 17,045
coal mine operator affected by this chapter may proceed by 17,046
injunction or other appropriate remedy to restrain violations or 17,048
threatened violations of this chapter or of orders of the chief, 17,051
or of the hearing officer appointed under section 1571.14 of the 17,052
Revised Code, or the judgments, orders, or decrees of any court 17,054
or to enforce obedience therewith. 17,055
(D) Each remedy prescribed in divisions (A), (B), and (C) 17,057
of this section is deemed concurrent or contemporaneous with each 17,058
other remedy prescribed therein, and the existence or exercise of 17,059
any one such remedy shall not prevent the exercise of any other 17,060
such remedy. 17,061
(E) The provisions of this chapter providing for 17,063
conferences, hearings by the chief, appeals to the hearing 17,065
officer from orders of the chief, and appeals to the court of 17,067
common pleas from orders of the hearing officer, and the remedies 17,068
prescribed in divisions (A), (B), (C), and (D) of this section, 17,069
do not constitute the exclusive procedure which THAT a person, 17,070
who deems his THE PERSON'S rights to be unlawfully affected by 17,071
any official action taken thereunder, must pursue in order to 17,072
380
protect and preserve such rights, nor does this chapter 17,073
constitute A procedure which THAT such a person must pursue 17,075
before he THE PERSON may lawfully proceed by other actions, legal 17,077
or equitable, to protect and preserve such rights. 17,078
Sec. 1571.99. Any person who shall willfully violate 17,087
PURPOSELY VIOLATES any order of the chief of the division of 17,089
mines and reclamation MINERAL RESOURCES MANAGEMENT, of a hearing 17,090
officer appointed by the director of natural resources under 17,091
section 1571.14 of the Revised Code, or of the director, made 17,092
pursuant to this chapter shall be punished by a fine not 17,093
exceeding two thousand dollars, or imprisoned in jail for a
period not exceeding twelve months, or both, in the discretion of 17,094
the court.
Sec. 5749.02. (A) For the purpose of providing revenue to 17,103
administer the state's coal mining and reclamation regulatory 17,104
program, to meet the environmental and resource management needs 17,105
of this state, and to reclaim land affected by mining, an excise 17,106
tax is hereby levied on the privilege of engaging in the 17,107
severance of natural resources from the soil or water of this 17,108
state. The tax shall be imposed upon the severer and shall be: 17,109
(1) Seven cents per ton of coal; 17,111
(2) Four cents per ton of salt; 17,113
(3) Two cents per ton of limestone or dolomite; 17,115
(4) Two cents per ton of sand and gravel; 17,117
(5) Ten cents per barrel of oil; 17,119
(6) Two and one-half cents per thousand cubic feet of 17,121
natural gas; 17,122
(7) One cent per ton of clay, sandstone or conglomerate, 17,124
shale, gypsum, or quartzite. 17,125
(B) Of the moneys received by the treasurer of state from 17,127
the tax levied in division (A)(1) of this section, six and 17,128
three-tenths per cent shall be credited to the geological mapping 17,129
fund created in section 1505.09 of the Revised Code, fourteen and 17,130
two-tenths per cent shall be credited to the reclamation 17,132
381
supplemental forfeiture fund created in division (B) of section 17,133
1513.18 of the Revised Code, fifty-seven and nine-tenths per cent 17,134
shall be credited to the coal mining administration and 17,135
reclamation reserve fund created in section 1513.181 of the 17,136
Revised Code, and the remainder shall be credited to the 17,137
unreclaimed lands fund created in section 1513.30 of the Revised 17,138
Code. When, within ten days before or after the beginning of AT 17,139
ANY TIME DURING a fiscal year, the chief of the division of mines 17,140
and reclamation MINERAL RESOURCES MANAGEMENT finds that the 17,142
balance of the coal mining administration and reclamation reserve 17,143
fund is below two million dollars, the chief shall certify that 17,144
fact to the director of budget and management. Upon receipt of 17,145
the chief's certification, the director shall direct the 17,146
treasurer of state to instead credit to the coal mining 17,147
administration and reclamation reserve fund during the REMAINDER 17,148
OF THE fiscal year for which the certification is made the 17,150
fourteen and two-tenths per cent of the moneys collected from the 17,151
tax levied in division (A)(1) of this section and otherwise 17,152
required by this division to be credited to the reclamation 17,153
supplemental forfeiture fund.
Fifteen per cent of the moneys received by the treasurer of 17,155
state from the tax levied in division (A)(2) of this section 17,156
shall be credited to the geological mapping fund and the 17,157
remainder shall be credited to the unreclaimed lands fund. 17,158
Of the moneys received by the treasurer of state from the 17,160
tax levied in divisions (A)(3) and (4) of this section, seven and 17,161
five-tenths per cent shall be credited to the geological mapping 17,162
fund, forty-two and five-tenths per cent shall be credited to the 17,163
unreclaimed lands fund, and the remainder shall be credited to 17,164
the surface mining administration fund created in section 1514.11 17,166
1514.06 of the Revised Code.
Of the moneys received by the treasurer of state from the 17,168
tax levied in divisions (A)(5) and (6) of this section, ninety 17,170
per cent shall be credited to the oil and gas well fund created 17,171
382
in section 1509.02 of the Revised Code and ten per cent shall be 17,172
credited to the geological mapping fund. All of the moneys 17,174
received by the treasurer of state from the tax levied in
division (A)(7) of this section shall be credited to the surface 17,175
mining administration fund. 17,176
(C) For the purpose of paying the state's expenses for 17,178
reclaiming mined lands that the operator failed to reclaim under 17,180
a coal mining and reclamation permit issued under Chapter 1513. 17,181
of the Revised Code, or under a surface mining permit issued 17,182
under Chapter 1514. of the Revised Code, for which the operator's 17,184
bond is not sufficient to pay the state's expense for 17,185
reclamation, there is hereby levied an excise tax on the 17,186
privilege of engaging in the severance of coal from the soil or 17,187
water of this state in addition to the taxes levied by divisions 17,188
(A)(1) and (D) of this section. The tax shall be imposed at the 17,189
rate of one cent per ton of coal. Moneys received by the 17,191
treasurer of state from the tax levied under this division shall 17,192
be credited to the reclamation supplemental forfeiture fund
created in division (B) of section 1513.18 of the Revised Code. 17,194
(D) For the purpose of paying the state's expenses for 17,196
reclaiming coal mined lands that the operator failed to reclaim 17,197
in accordance with Chapter 1513. of the Revised Code under a coal 17,198
mining and reclamation permit issued after April 10, 1972, but 17,199
before September 1, 1981, for which the operator's bond is not 17,200
sufficient to pay the state's expense for reclamation and paying 17,201
the expenses for administering the state's coal mining and 17,202
reclamation regulatory program, there is hereby levied an excise 17,203
tax on the privilege of engaging in the severance of coal from 17,204
the soil or water of this state in addition to the taxes levied 17,205
by divisions (A)(1) and (C) of this section. The tax shall be 17,206
imposed at the rate of one cent per ton of coal as prescribed in 17,207
this division. Moneys received by the treasurer of state from 17,208
the tax levied by this division shall be credited to the 17,209
reclamation supplemental forfeiture fund created in division (B) 17,211
383
of section 1513.18 of the Revised Code. 17,212
When, at the close of any fiscal year, the chief finds that 17,214
the balance of the reclamation supplemental forfeiture fund, plus 17,216
estimated transfers to it from the coal mining and reclamation 17,217
reserve fund under section 1513.181 of the Revised Code, plus the 17,218
estimated revenues from the tax levied by this division for the 17,219
remainder of the calendar year that includes the close of the 17,220
fiscal year, are sufficient to complete the reclamation of such 17,221
lands, the purposes for which the tax under this division is 17,222
levied shall be deemed accomplished at the end of that calendar 17,223
year. The chief, within thirty days after the close of the 17,224
fiscal year, shall certify those findings to the tax 17,225
commissioner, and the tax shall cease to be imposed after the 17,227
last day of that calendar year.
(E) On the day fixed for the payment of the severance 17,229
taxes required to be paid by this section, the taxes with any 17,230
penalties or interest on them shall become a lien on all property 17,232
of the taxpayer in this state whether the property is employed by 17,234
the taxpayer in the prosecution of its business or is in the
hands of an assignee, trustee, or receiver for the benefit of 17,235
creditors or stockholders. The lien shall continue until the 17,236
taxes and any penalties or interest thereon are paid. 17,237
Upon failure of the taxpayer to pay a tax on the day fixed 17,239
for payment, the tax commissioner may file, for which no filing 17,240
fee shall be charged, in the office of the county recorder in 17,241
each county in this state in which the taxpayer owns or has a 17,242
beneficial interest in real estate, notice of the lien containing 17,243
a brief description of the real estate. The lien shall not be 17,244
valid as against any mortgagee, purchaser, or judgment creditor 17,245
whose rights have attached prior to the time the notice is filed 17,246
in the county in which the real estate that is the subject of the 17,248
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 17,250
"severance tax lien record" and indexed under the name of the
384
taxpayer charged with the tax. When the tax has been paid, the 17,251
tax commissioner shall furnish to the taxpayer an acknowledgement 17,252
of payment, which the taxpayer may record with the recorder of 17,253
each county in which notice of the lien has been filed. 17,254
Sec. 6111.044. Upon receipt of an application for an 17,263
injection well drilling permit, an injection well operating 17,264
permit, a renewal of an injection well operating permit, or a 17,265
modification of an injection well drilling permit, operating 17,266
permit, or renewal of an operating permit, the director of 17,267
environmental protection shall determine whether the application 17,268
is complete and demonstrates that the activities for which the 17,269
permit, renewal permit, or modification is requested will comply 17,270
with the Federal Water Pollution Control Act and regulations 17,271
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 17,272
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 17,273
under it; and this chapter and the rules adopted under it. If 17,274
the application demonstrates that the proposed activities will 17,275
not comply or will pose an unreasonable risk of inducing seismic 17,276
activity, inducing geologic fracturing, or contamination of an 17,277
underground source of drinking water, the director shall deny the 17,279
application. If the application does not make the required
demonstrations, the director shall return it to the applicant 17,280
with an indication of those matters about which a required 17,282
demonstration was not made. If the director determines that the 17,283
application makes the required demonstrations, the director shall 17,285
transmit copies of the application and all of the accompanying 17,286
maps, data, samples, and information to the chief of the division 17,287
of oil and gas MINERAL RESOURCES MANAGEMENT, the chief of the 17,289
division of geological survey, AND the chief of the division of 17,290
water, and, if the well is or is to be located in a coal-bearing 17,291
township, the chief of the division of mines and reclamation in 17,292
the department of natural resources.
The chief of the division of geological survey shall 17,294
comment upon the application if the chief determines that the 17,295
385
proposed well or injection will present an unreasonable risk of 17,297
loss or damage to valuable mineral resources. If the chief 17,298
submits comments on the application, those comments shall be 17,299
accompanied by an evaluation of the geological factors upon which 17,300
the comments are based, including fractures, faults, earthquake 17,301
potential, and the porosity and permeability of the injection 17,302
zone and confining zone, and by the documentation supporting the 17,303
evaluation. The director shall take into consideration the 17,304
chief's comments, and the accompanying evaluation of geologic 17,305
factors and supporting documentation, when considering the 17,306
application. The director shall provide written notice to the 17,307
chief of the director's decision on the application and, if the 17,309
chief's comments are not included in the permit, renewal permit, 17,310
or modification, of the director's rationale for not including 17,311
them.
The chief of the division of oil and gas MINERAL RESOURCES 17,313
MANAGEMENT shall comment upon the application if the chief 17,315
determines that the proposed well or injection will present an 17,316
unreasonable risk that waste or contamination of recoverable oil 17,317
or gas in the earth will occur. If the chief submits comments on 17,318
the application, those comments shall be accompanied by an 17,319
evaluation of the oil or gas reserves that, in the best 17,320
professional judgment of the chief, are recoverable and will be 17,321
adversely affected by the proposed well or injection, and by the 17,322
documentation supporting the evaluation. The director shall take 17,323
into consideration the chief's comments, and the accompanying 17,324
evaluation and supporting documentation, when considering the 17,325
application. The director shall provide written notice to the 17,326
chief of the director's decision on the application and, if the 17,328
chief's comments are not included in the permit, renewal permit, 17,329
or modification, of the director's rationale for not including 17,330
them.
The chief of the division of water shall assist the 17,332
director in determining whether all underground sources of 17,333
386
drinking water in the area of review of the proposed well or 17,334
injection have been identified and correctly delineated in the 17,335
application. If the application fails to identify or correctly 17,336
delineate an underground source of drinking water, the chief 17,338
shall provide written notice of that fact to the director.
The chief of the division of mines and reclamation MINERAL 17,340
RESOURCES MANAGEMENT ALSO shall review the application as 17,342
follows:
If the application concerns the drilling or conversion of a 17,344
well or the injection into a well that is not or is not to be 17,346
located within five thousand feet of the excavation and workings
of a mine, the chief of the division of mines and reclamation 17,348
MINERAL RESOURCES MANAGEMENT shall note upon the application that 17,349
it has been examined by the division of mines and reclamation 17,350
MINERAL RESOURCES MANAGEMENT, retain a copy of the application 17,351
and map, and immediately return a copy of the application to the 17,352
director.
If the application concerns the drilling or conversion of a 17,354
well or the injection into a well that is or is to be located 17,356
within five thousand feet, but more than five hundred feet from 17,357
the surface excavations and workings of a mine, the chief of the 17,358
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 17,359
immediately shall notify the owner or lessee of the mine that the 17,361
application has been filed and send to the owner or lessee a copy 17,362
of the map accompanying the application setting forth the 17,363
location of the well. The chief of the division of mines and 17,364
reclamation MINERAL RESOURCES MANAGEMENT shall note on the 17,365
application that the notice has been sent to the owner or lessee 17,367
of the mine, retain a copy of the application and map, and 17,368
immediately return a copy of the application to the director with 17,369
the chief's notation on it. 17,370
If the application concerns the drilling or conversion of a 17,372
well or the injection into a well that is or is to be located 17,374
within five thousand feet of the underground excavations and 17,375
387
workings of a mine or within five hundred feet of the surface 17,376
excavations and workings of a mine, the chief of the division of 17,378
mines and reclamation MINERAL RESOURCES MANAGEMENT immediately 17,379
shall notify the owner or lessee of the mine that the application 17,381
has been filed and send to the owner or lessee a copy of the map 17,382
accompanying the application setting forth the location of the 17,383
well. If the owner or lessee objects to the application, the 17,384
owner or lessee shall notify the chief of the division of mines 17,385
and reclamation MINERAL RESOURCES MANAGEMENT of the objection, 17,386
giving the reasons, within six days after the receipt of the 17,388
notice. If the chief of the division of mines and reclamation 17,389
MINERAL RESOURCES MANAGEMENT receives no objections from the 17,391
owner or lessee of the mine within ten days after the receipt of 17,392
the notice by the owner or lessee, or if in the opinion of the 17,393
chief of the division of mines and reclamation MINERAL RESOURCES 17,394
MANAGEMENT the objections offered by the owner or lessee are not 17,395
sufficiently well-founded, the chief shall retain a copy of the 17,396
application and map and return a copy of the application to the 17,397
director with any applicable notes concerning it. 17,398
If the chief of the division of mines and reclamation 17,400
MINERAL RESOURCES MANAGEMENT receives an objection from the owner 17,401
or lessee of the mine as to the application, within ten days 17,402
after receipt of the notice by the owner or lessee, and if in the 17,403
opinion of the chief the objection is well-founded, the chief 17,404
shall disapprove the application and immediately return it to the 17,405
director together with the chief's reasons for the disapproval. 17,406
The director promptly shall notify the applicant for the permit, 17,407
renewal permit, or modification of the disapproval. The 17,408
applicant may appeal the disapproval of the application by the 17,409
chief of the division of mines and reclamation MINERAL RESOURCES
MANAGEMENT to the mine examining board created under section 17,410
1561.10 of the Revised Code, and the board shall hear the appeal 17,411
in accordance with section 1561.53 of the Revised Code. The 17,412
appeal shall be filed within thirty days from the date the 17,414
388
applicant receives notice of the disapproval. No comments
concerning or disapproval of an application shall be delayed by 17,415
the chief of the division of mines and reclamation MINERAL 17,416
RESOURCES MANAGEMENT for more than fifteen days from the date of 17,417
sending of notice to the mine owner or lessee as required by this 17,418
section.
The director shall not approve an application for an 17,420
injection well drilling permit, an injection well operating 17,421
permit, a renewal of an injection well operating permit, or a 17,422
modification of an injection well drilling permit, operating 17,423
permit, or renewal of an operating permit for a well that is or 17,425
is to be located within three hundred feet of any opening of any
mine used as a means of ingress, egress, or ventilation for 17,426
persons employed in the mine, nor within one hundred feet of any 17,428
building or flammable structure connected with the mine and 17,429
actually used as a part of the operating equipment of the mine, 17,430
unless the chief of the division of mines and reclamation MINERAL
RESOURCES MANAGEMENT determines that life or property will not be 17,431
endangered by drilling and operating the well in that location. 17,432
Upon review by the chief of the division of oil and gas 17,434
MINERAL RESOURCES MANAGEMENT, the chief of the division of 17,435
geological survey, and the chief of the division of water, and if 17,437
the chief of the division of mines and reclamation MINERAL 17,438
RESOURCES MANAGEMENT has not disapproved the application, the 17,440
director shall issue a permit, renewal permit, or modification 17,441
with any terms and conditions that may be necessary to comply 17,442
with the Federal Water Pollution Control Act and regulations 17,444
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 17,445
(1974), 42 U.S.C.A. 300(f) as amended, and regulations adopted 17,446
under it; and this chapter and the rules adopted under it. The 17,447
director shall not issue a permit, renewal permit, or 17,448
modification to an applicant if the applicant or persons 17,449
associated with the applicant have engaged in or are engaging in 17,450
a substantial violation of this chapter that is endangering or 17,451
389
may endanger human health or the environment or if, in the case 17,452
of an applicant for an injection well drilling permit, the 17,453
applicant, at the time of applying for the permit, did not hold 17,454
an injection well operating permit or renewal of an injection 17,455
well drilling permit and failed to demonstrate sufficient 17,456
expertise and competency to operate the well in compliance with 17,457
the applicable provisions of this chapter. 17,458
If the director receives a disapproval from the chief of 17,460
the division of mines and reclamation MINERAL RESOURCES 17,461
MANAGEMENT regarding an application for an injection well 17,463
drilling or operating permit, renewal permit, or modification, if 17,464
required, the director shall issue an order denying the 17,465
application.
The director need not issue a proposed action under section 17,467
3745.07 of the Revised Code or hold an adjudication hearing under 17,468
that section and Chapter 119. of the Revised Code before issuing 17,469
or denying a permit, renewal permit, or modification of a permit 17,470
or renewal permit. Before issuing or renewing a permit to drill 17,471
or operate a class I injection well or a modification of it, the 17,473
director shall propose the permit, renewal permit, or
modification in draft form and shall hold a public hearing to 17,474
receive public comment on the draft permit, renewal permit, or 17,475
modification. At least fifteen days before the public hearing on 17,476
a draft permit, renewal permit, or modification, the director 17,477
shall publish notice of the date, time, and location of the 17,478
public hearing in at least one newspaper of general circulation 17,479
serving the area where the well is or is to be located. The 17,480
proposing of such a draft permit, renewal permit, or modification 17,481
does not constitute the issuance of a proposed action under 17,482
section 3745.07 of the Revised Code, and the holding of the 17,483
public hearing on such a draft permit, renewal permit, or 17,484
modification does not constitute the holding of an adjudication 17,485
hearing under that section and Chapter 119. of the Revised Code. 17,486
Appeals of orders other than orders of the chief of the division 17,488
390
of mines and reclamation MINERAL RESOURCES MANAGEMENT shall be
taken under sections 3745.04 to 3745.08 of the Revised Code. 17,490
The director may order that an injection well drilling 17,492
permit or an injection well operating permit or renewal permit be 17,493
suspended and that activities under it cease after determining 17,494
that those activities are occurring in violation of law, rule, 17,496
order, or term or condition of the permit. Upon service of a 17,497
copy of the order upon the permit holder or the permit holder's 17,499
authorized agent or assignee, the permit and activities under it 17,500
shall be suspended immediately without prior hearing and shall 17,502
remain suspended until the violation is corrected and the order 17,503
of suspension is lifted. If a violation is the second within a 17,504
one-year period, the director, after a hearing, may revoke the 17,505
permit. 17,506
The director may order that an injection well drilling 17,508
permit or an injection well operating permit or renewal permit be 17,509
suspended and that activities under it cease if the director has 17,511
reasonable cause to believe that the permit would not have been 17,512
issued if the information available at the time of suspension had 17,513
been available at the time a determination was made by one of the 17,514
agencies acting under authority of this section. Upon service of 17,515
a copy of the order upon the permit holder or the permit holder's 17,517
authorized agent or assignee, the permit and activities under it 17,518
shall be suspended immediately without prior hearing, but a 17,520
permit may not be suspended for that reason without prior hearing 17,521
unless immediate suspension is necessary to prevent waste or 17,522
contamination of oil or gas, comply with the Federal Water 17,523
Pollution Control Act and regulations adopted under it; the "Safe 17,525
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as 17,526
amended, and regulations adopted under it; and this chapter and 17,527
the rules adopted under it, or prevent damage to valuable mineral 17,528
resources, prevent contamination of an underground source of 17,529
drinking water, or prevent danger to human life or health. If 17,530
after a hearing the director determines that the permit would not 17,531
391
have been issued if the information available at the time of the 17,532
hearing had been available at the time a determination was made 17,533
by one of the agencies acting under authority of this section, 17,534
the director shall revoke the permit. 17,535
When a permit has been revoked, the permit holder or other 17,537
person responsible for it immediately shall plug the well in the 17,539
manner required by the director.
The director may issue orders to prevent or require 17,541
cessation of violations of this section, section 6111.043, 17,542
6111.045, 6111.046, or 6111.047 of the Revised Code, rules 17,543
adopted under any of those sections, and terms or conditions of 17,545
permits issued under any of them. The orders may require the 17,547
elimination of conditions caused by the violation. 17,548
Section 2. That existing sections 121.04, 124.24, 127.16, 17,550
1501.01, 1501.022, 1505.10, 1509.01, 1509.02, 1509.03, 1509.04, 17,551
1509.05, 1509.06, 1509.061, 1509.07, 1509.071, 1509.072, 1509.08, 17,552
1509.09, 1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 17,553
1509.17, 1509.18, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 17,554
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 17,555
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.36, 17,556
1509.38, 1509.39, 1509.40, 1510.01, 1510.08, 1513.01, 1513.02, 17,557
1513.03, 1513.07, 1513.072, 1513.073, 1513.08, 1513.09, 1513.11, 17,558
1513.13, 1513.15, 1513.16, 1513.161, 1513.17, 1513.18, 1513.181, 17,559
1513.20, 1513.21, 1513.22, 1513.23, 1513.24, 1513.25, 1513.26, 17,560
1513.27, 1513.28, 1513.29, 1513.30, 1513.31, 1513.32, 1513.33, 17,561
1513.34, 1513.35, 1513.36, 1513.37, 1513.39, 1513.40, 1513.41, 17,562
1514.02, 1514.021, 1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 17,563
1514.08, 1514.10, 1514.11, 1561.01, 1561.02, 1561.03, 1561.04, 17,564
1561.05, 1561.06, 1561.07, 1561.10, 1561.13, 1561.26, 1561.27, 17,565
1561.28, 1561.31, 1561.32, 1561.33, 1561.34, 1561.35, 1561.351, 17,567
1561.36, 1561.37, 1561.38, 1561.45, 1561.47, 1561.48, 1561.49, 17,568
1561.50, 1561.51, 1561.53, 1561.54, 1561.99, 1563.04, 1563.05, 17,569
1563.06, 1563.11, 1563.111, 1563.12, 1563.13, 1563.17, 1563.20, 17,570
1563.24, 1563.26, 1563.33, 1563.34, 1563.35, 1563.37, 1563.40, 17,571
392
1563.41, 1563.42, 1563.43, 1563.46, 1565.05, 1565.06, 1565.07, 17,572
1565.08, 1565.11, 1565.12, 1565.15, 1567.02, 1567.08, 1567.09, 17,573
1567.10, 1567.11, 1567.13, 1567.17, 1567.18, 1567.19, 1567.23, 17,574
1567.34, 1567.35, 1567.39, 1567.45, 1567.52, 1567.54, 1567.55, 17,575
1567.57, 1567.61, 1567.69, 1567.70, 1567.71, 1567.73, 1567.74, 17,576
1567.78, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 17,577
1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.99, 17,578
5749.02, and 6111.044 of the Revised Code are hereby repealed. 17,579
Section 3. That Section 72 of Am. Sub. H.B. 283 of the 17,581
123rd General Assembly be amended to read as follows: 17,582
"Sec. 72. DNR DEPARTMENT OF NATURAL RESOURCES 17,584
General Revenue Fund 17,586
GRF 725-401 Wildlife - GRF 17,589
Central Support $ 1,221,229 $ 1,268,315 17,591
GRF 725-404 Fountain Square 17,593
Rental Payments - OBA $ 1,087,000 $ 1,093,000 17,595
GRF 725-408 Reclamation and 17,597
Mining $ 2,406,020 $ 2,408,999 17,599
0 17,600
GRF 725-412 Reclamation 17,602
Commission $ 66,475 $ 68,165 17,604
0 17,605
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 17,609
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 17,613
0 17,614
GRF 725-423 Stream and Ground 17,616
Water Gauging $ 422,863 $ 459,387 17,618
GRF 725-425 Wildlife License 17,620
Reimbursement $ 1,000,000 $ 1,000,000 17,622
GRF 725-456 Canal Lands $ 414,783 $ 423,203 17,626
GRF 725-502 Soil and Water 17,628
Districts $ 11,414,494 $ 12,140,831 17,630
GRF 725-507 Conservation Reserve 17,632
Enhancement Program $ 2,000,000 $ 2,000,000 17,634
393
GRF 727-321 Division of Forestry $ 10,203,524 $ 10,081,427 17,638
GRF 728-321 Division of 17,640
Geological Survey $ 2,164,135 $ 2,270,778 17,642
GRF 729-321 Computer Information 17,644
Services &
Communications $ 1,172,567 $ 1,214,464 17,646
GRF 730-321 Division of Parks and 17,648
Recreation $ 35,255,224 $ 34,951,655 17,650
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 17,654
GRF 734-321 Division of Oil and 17,656
Gas $ 725,366 $ 1,614,957 17,658
0 17,659
GRF 736-321 Division of Chief 17,661
Engineer $ 4,371,204 $ 3,773,672 17,663
GRF 737-321 Division of Soil and 17,665
Water $ 4,092,866 $ 4,382,166 17,667
GRF 738-321 Office of Real Estate 17,669
and Land Management $ 3,099,898 $ 2,650,457 17,671
GRF 741-321 Division of Natural 17,673
Areas $ 3,415,305 $ 3,396,390 17,675
GRF 743-321 Division of Civilian 17,677
Conservation $ 5,100,636 $ 5,225,382 17,679
GRF 744-321 DIVISION OF MINERAL 17,681
RESOURCES MANAGEMENT $ 0 $ 4,216,084 17,683
TOTAL GRF General Revenue Fund $ 109,359,324 $ 107,295,291 17,686
General Services Fund Group 17,689
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 17,694
157 725-651 Central Support 17,696
Indirect $ 7,302,432 $ 7,273,923 17,698
158 725-604 Natural Resources 17,700
Publication Center
Intrastate $ 79,170 $ 80,154 17,702
161 725-635 Parks Facilities 17,704
Maintenance $ 2,666,395 $ 2,737,935 17,706
394
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 17,710
204 725-687 Information Services $ 2,217,392 $ 2,145,631 17,714
206 725-689 REALM Support 17,716
Services $ 447,811 $ 473,152 17,718
207 725-690 Real Estate $ 53,924 $ 55,320 17,722
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 17,726
4S9 725-622 NatureWorks Personnel $ 687,136 $ 690,700 17,730
4X8 725-662 Water Planning 17,732
Council $ 262,900 $ 269,700 17,734
430 725-671 Canal Lands $ 1,029,302 $ 998,044 17,738
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 17,742
508 725-684 Natural Resources 17,744
Publication Center
Interstate $ 393,166 $ 361,877 17,746
510 725-631 Maintenance - 17,748
state-owned
residences $ 230,669 $ 220,771 17,750
516 725-620 Water Management $ 2,407,372 $ 2,404,055 17,754
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 17,758
635 725-664 Fountain Square 17,760
Facilities Management $ 2,595,957 $ 2,699,355 17,762
697 725-670 Submerged Lands $ 547,762 $ 567,920 17,766
TOTAL GSF General Services 17,767
Fund Group $ 26,027,212 $ 26,460,401 17,770
Federal Special Revenue Fund Group 17,773
3B3 725-640 Federal Forest 17,776
Pass-Thru $ 55,000 $ 55,000 17,778
3B4 725-641 Federal Flood 17,780
Pass-Thru $ 185,000 $ 190,000 17,782
3B5 725-645 Federal Abandoned 17,784
Mine Lands $ 7,418,833 $ 7,630,403 17,786
3B6 725-653 Federal Land and 17,788
Water Conservation $ 130,000 $ 120,000 17,790
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 17,794
395
3P0 725-630 Natural Areas and 17,796
Preserves-Federal $ 262,400 $ 185,000 17,798
3P1 725-632 Geological 17,800
Survey-Federal $ 350,000 $ 350,000 17,802
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 17,806
3P3 725-650 Real Estate and Land 17,808
Management-Federal $ 2,857,755 $ 3,185,120 17,810
3P4 725-660 Water-Federal $ 180,000 $ 180,000 17,814
3R5 725-673 Acid Mine Drainage 17,816
Abatement/Treatment $ 600,000 $ 600,000 17,818
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 17,822
332 725-669 Federal Mine Safety 17,824
Grant $ 133,095 $ 137,056 17,826
TOTAL FED Federal Special Revenue 17,827
Fund Group $ 15,628,229 $ 16,027,961 17,830
State Special Revenue Fund Group 17,833
4B8 725-617 Forestry Development $ 25,000 $ 25,000 17,838
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 17,842
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 17,846
4U6 725-668 Scenic Rivers 17,848
Protection $ 261,307 $ 268,431 17,850
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 17,854
509 725-602 State Forest $ 1,520,379 $ 1,440,326 17,858
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 17,862
512 725-605 State Parks 17,864
Operations $ 27,150,223 $ 27,048,732 17,866
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 17,870
518 725-643 Oil and Gas Permit 17,872
Fees $ 3,118,829 $ 2,378,496 17,874
518 725-677 Oil and Gas Well 17,876
Plugging $ 800,000 $ 800,000 17,878
521 725-627 Off-Road Vehicle 17,880
Trails $ 62,036 $ 63,790 17,882
396
522 725-656 Natural Areas 17,884
Checkoff Funds $ 745,301 $ 766,169 17,886
525 725-608 Reclamation 17,888
Forfeiture $ 597,082 $ 597,664 17,890
0 17,891
526 725-610 Strip Mining 17,893
Administration Fees $ 1,956,599 $ 2,006,000 17,895
2,356,000 17,896
527 725-637 Surface Mining 17,898
Administration $ 1,964,078 $ 2,016,050 17,900
2,107,001 17,901
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 17,905
530 725-647 Surface Mining 17,907
Reclamation $ 76,725 $ 78,951 17,909
0 17,910
531 725-648 Reclamation 17,912
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 17,914
1,987,065 17,915
532 725-644 Litter Control and 17,917
Recycling $ 10,965,210 $ 11,264,587 17,919
615 725-661 Dam Safety $ 136,633 $ 139,237 17,923
TOTAL SSR State Special Revenue 17,924
Fund Group $ 53,953,325 $ 53,329,615 17,927
53,691,615 17,928
Wildlife Fund Group 17,931
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 17,936
015 740-321 Division of Wildlife 17,938
Conservation $ 40,345,888 $ 41,400,117 17,940
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 17,944
815 725-636 Cooperative 17,946
Management Projects $ 148,850 $ 153,166 17,948
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 17,952
397
817 725-655 Wildlife Conservation 17,954
Checkoff Fund $ 1,301,143 $ 1,327,577 17,956
818 725-629 Cooperative Fisheries 17,958
Research $ 918,004 $ 943,708 17,960
819 725-685 Ohio River Management $ 119,302 $ 122,748 17,964
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 17,967
Waterways Safety Fund Group 17,970
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 17,975
086 725-416 Natural Areas Marine 17,977
Patrol $ 25,000 $ 25,000 17,979
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 17,983
086 725-418 Buoy Placement $ 39,298 $ 40,267 17,987
086 725-501 Waterway Safety 17,989
Grants $ 128,024 $ 131,609 17,991
086 725-506 Watercraft Marine 17,993
Patrol $ 359,800 $ 369,875 17,995
086 725-513 Watercraft 17,997
Educational Grants $ 128,500 $ 132,098 17,999
086 739-321 Division of 18,001
Watercraft $ 14,865,111 $ 15,142,223 18,003
880 725-614 Cooperative Boat 18,005
Harbor Projects $ 108,637 $ 111,679 18,007
TOTAL WSF Waterways Safety Fund 18,008
Group $ 18,770,772 $ 19,068,786 18,011
Holding Account Redistribution Fund Group 18,014
R17 725-659 Performance Cash Bond 18,017
Refunds $ 265,000 $ 265,500 18,019
R29 725-607 Reclamation Fee 18,021
Refund $ 350,000 $ 350,000 18,023
0 18,024
R30 725-638 Surface Mining 18,026
Reclamation Fees $ 12,000 $ 12,000 18,028
0 18,029
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 18,033
398
TOTAL 090 Holding Account 18,034
Redistribution Fund Group $ 2,377,000 $ 2,377,500 18,037
2,015,500 18,038
Accrued Leave Liability Fund Group 18,041
4M8 725-675 FOP Contract $ 17,551 $ 17,990 18,046
TOTAL ALF Accrued Leave 18,047
Liability Fund Group $ 17,551 $ 17,990 18,050
TOTAL ALL BUDGET FUND GROUPS $ 271,514,822 $ 271,143,437" 18,053
Section 4. That existing Section 72 of Am. Sub. H.B. 283 18,056
of the 123rd General Assembly is hereby repealed. 18,057
Section 5. Division of Mineral Resources Management Fund 18,059
Consolidations 18,060
On July 1, 2000, or as soon thereafter as possible, the 18,062
Director of Budget and Management shall transfer to appropriation 18,063
item 744-321, division of Mineral Resources Management, any 18,064
amounts that accrue as of June 30, 2000, from the following 18,065
appropriation items: 725-408, Reclamation and Mining; 725-412,
Reclamation Commission; 725-415, Mine Examining Board; and 18,066
734-321, Division of Oil and Gas. The Director of Budget and 18,067
Management shall cancel any remaining outstanding encumbrances 18,068
against appropriation items 725-408, 725-412, 725-415, and 18,069
734-321, and reestablish them against appropriation item 744-321, 18,070
Division of Mineral Resources Management.
On July 1, 2000, or as soon thereafter as possible, the 18,072
Director of Budget and Management shall transfer the cash 18,073
balances of the Reclamation Forfeiture Fund (Fund 525) and the 18,074
Reclamation Supplemental Forfeiture Fund (Fund 531) as of June 18,075
30, 2000, and any amounts that accrue to those funds after that
date, to the Reclamation Forfeiture Fund (Fund 531). The 18,076
Director shall cancel any remaining outstanding encumbrances 18,077
against appropriation items 725-608, Reclamation Forfeiture, and 18,078
725-648, Reclamation Supplemental Forfeiture, and reestablish 18,079
them against appropriation number 725-648, Reclamation
Forfeiture.
399
On July 1, 2000, or as soon thereafter as possible, the 18,081
Director of Budget and Management shall transfer the cash 18,082
balances of the Surface Mining Reclamation Fund (Fund 530) and 18,083
the Surface Mining Administration Fund (Fund 527) as of June 30, 18,084
2000, and any amounts that accrue to those funds after that date,
to the Surface Mining Fund (Fund 527). The Director shall cancel 18,085
any remaining outstanding encumbrances against appropriation 18,086
items 725-647, Surface Mining Reclamation, and 725-637, Surface 18,087
Mining Administration, and reestablish them against appropriation 18,088
item 725-637, Surface Mining.
On July 1, 2000, or as soon thereafter as possible, the 18,090
Director of Budget and Management shall transfer the cash 18,091
balances of the Reclamation Fee Refund Fund (Fund R29) to the 18,092
Coal Mining Administration and Reclamation Reserve Fund (Fund 18,093
526).
On July 1, 2000, or as soon thereafter as possible, the 18,095
Director of Budget and Management shall transfer the cash 18,096
balances of the Surface Mining Reclamation Fund (Fund R30) to the 18,097
Surface Mining Fund (Fund 527).
Section 6. Section 127.16 of the Revised Code is amended 18,099
by this act and also by Am. Sub. H.B. 470 of the 123rd General 18,100
Assembly (effective July 1, 2000). The amendments of Am. Sub. 18,101
H.B. 470 are included in this act in lower case to confirm the 18,102
intention to retain them, but are not intended to be effective 18,103
until July 1, 2000. 18,104
Section 7. Section 121.04 of the Revised Code is presented 18,106
in this act as a composite of the section as amended by both Am. 18,107
Sub. H.B. 215 and Am. Sub. S.B. 87 of the 122nd General Assembly, 18,108
with the new language of neither of the acts shown in capital 18,109
letters. Section 1501.01 of the Revised Code is presented in 18,110
this act as a composite of the section as amended by both Sub. 18,112
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General Assembly, with 18,113
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 18,114
400
composite of the section as amended by both Am. Sub. S.B. 2 and 18,115
Am. Sub. S.B. 162 of the 121st General Assembly, with the new 18,116
language of neither of the acts shown in capital letters. Section 18,117
1561.26 of the Revised Code is presented in this act as a 18,118
composite of the section as amended by both Am. Sub. S.B. 162 and 18,119
Am. Sub. S.B. 150 of the 121st General Assembly, with the new 18,120
language of neither of the acts shown in capital letters. This 18,121
is in recognition of the principle stated in division (B) of 18,122
section 1.52 of the Revised Code that such amendments are to be 18,123
harmonized where not substantively irreconcilable and constitutes 18,124
a legislative finding that such are the resulting versions in 18,125
effect prior to the effective date of this act. 18,126
Section 8. This act is hereby declared to be an emergency 18,128
measure necessary for the immediate preservation of the public 18,129
peace, health, and safety. The reason for such necessity is that 18,130
the merger of the Division of Oil and Gas with the Division of 18,131
Mines and Reclamation is needed during the current fiscal year in 18,132
order to facilitate efficiency in the operation of the Department 18,133
of Natural Resources. Therefore, this act shall go into 18,134
immediate effect. 18,135